Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5913

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 2000

__________________

SEVENTY-SIXTH DAY

Saint Paul, Minnesota, Wednesday, February 23, 2000

This Journal as a PDF document

The House of Representatives convened at 3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.

Prayer was offered by Senator Dean E. Johnson, District 15, Willmar, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

Abeler Dorman Holberg Lieder Ozment Stang
Abrams Dorn Holsten Lindner Paulsen Storm
Anderson, B. Entenza Howes Luther Pawlenty Swapinski
Anderson, I. Erhardt Huntley Mahoney Paymar Swenson
Bakk Erickson Jaros Mares Pelowski Sykora
Biernat Finseth Jennings Mariani Peterson Tingelstad
Bishop Folliard Johnson Marko Pugh Tomassoni
Boudreau Fuller Juhnke McCollum Rest Trimble
Bradley Gerlach Kahn McGuire Reuter Tuma
Broecker Gleason Kalis Milbert Rhodes Tunheim
Buesgens Goodno Kelliher Molnau Rifenberg Van Dellen
Carlson Gray Kielkucki Mulder Rostberg Vandeveer
Carruthers Greenfield Knoblach Mullery Rukavina Wagenius
Cassell Greiling Koskinen Murphy Schumacher Wenzel
Chaudhary Gunther Krinkie Ness Seagren Westerberg
Clark, J. Haake Kubly Nornes Seifert, J. Westfall
Clark, K. Haas Kuisle Olson Seifert, M. Westrom
Daggett Hackbarth Larsen, P. Opatz Skoe Wilkin
Davids Harder Larson, D. Orfield Skoglund Winter
Dawkins Hasskamp Leighton Osskopp Smith Wolf
Dehler Hausman Lenczewski Osthoff Solberg Workman
Dempsey Hilty Leppik Otremba Stanek Spk. Sviggum

A quorum was present.

McElroy and Wejcman were excused.

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


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REPORTS OF CHIEF CLERK

S. F. No. 2411 and H. F. No. 2634, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Anderson, I., moved that S. F. No. 2411 be substituted for H. F. No. 2634 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Holsten from the Committee on Environment and Natural Resources Finance to which was referred:

H. F. No. 2505, A bill for an act relating to natural resources; modifying effective period of state park permits; amending Minnesota Statutes 1998, section 85.053, subdivisions 1 and 4.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Seagren from the Committee on K-12 Education Finance to which was referred:

H. F. No. 2558, A bill for an act relating to education; authorizing funding for career and technical agricultural education programs; appropriating money; amending Minnesota Statutes 1999 Supplement, section 124D.453, subdivision 3; Laws 1999, chapter 241, article 3, section 3, subdivision 2; repealing Laws 1999, chapter 241, article 3, section 5.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Agriculture and Rural Development Finance without further recommendation.

The report was adopted.

Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 2559, A bill for an act relating to natural resources; providing for the recovery of sunken logs on inland waters; proposing coding for new law in Minnesota Statutes, chapter 103G.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [103G.650] [RECOVERING SUNKEN LOGS ON INLAND WATERS.]

Subdivision 1. [DEFINITIONS.] (a) Unless the language or context clearly indicates that a different meaning is indicated, the following terms, for the purposes of this section, shall have the meanings given to them.

(b) "Log" means a portion of the trunk of a felled tree that has not been further processed for any end use.

(c) "Person" means a natural person acting personally, or in a representative capacity, or a corporation, firm, or association of whatever nature or kind.


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(d) "Submerged lands" means beds of navigable waters below the low water mark.

(e) "Inland waters" means navigable bodies of water within the boundaries of Minnesota, excluding boundary lakes and boundary rivers.

(f) "District office" means the office of the area forest supervisor, unless otherwise stipulated in a lease issued under this section.

(g) "Officer" means a forest officer, conservation officer, or other peace officer.

Subd. 2. [TITLE TO SUNKEN LOGS.] Notwithstanding section 16B.25, title and ownership of a log or historical artifact that rests for more than one year on submerged land owned by the state in inland waters is considered abandoned property that has forfeited to the state.

Subd. 3. [APPLICATION TO REMOVE SUNKEN LOGS.] A person who wishes to raise and remove logs that are resting on submerged lands owned by the state and that are located in inland waters shall make application to the commissioner for a lease. A person may not hold more than three leases at one time. Each lease shall be for a specific lake or river. A resident applicant shall include with the application a fee of $500. A nonresident applicant shall include a fee of $2,500. The applicant shall:

(1) identify the inland lake or river where the logs will be raised;

(2) identify the submerged land area requested for the lease by providing the section, township, and range in which the inland water is located;

(3) specify the methods to be used in raising the sunken logs, including any techniques with the potential to disturb lake bed material;

(4) provide evidence of a general liability insurance policy that names the state as a coinsured party and that is in force for the lease with limits of at least $300,000 per occurrence and $1,000,000 in aggregate; and

(5) include any additional information required by the commissioner.

Subd. 4. [REVIEW OF APPLICATIONS.] The commissioner shall review applications in order by time and date received to preclude the possibility of two or more applications filing for the same lease. The commissioner shall immediately notify the Minnesota historical society of an impending application. The commissioner shall publish notice of each application in the State Register and allow 30 days for public comment. Within 60 days after the time date stamp of receipt, the commissioner shall either approve, modify and approve, or deny an application. In determining whether to approve an application, the commissioner shall consider:

(1) whether the project requires a permit under section 103G.245;

(2) whether the proposed project may affect public rights in navigable waters;

(3) whether the proposed project is subject to any requirements arising under federal law; and

(4) whether the project meets ecological criteria for protection of fish, wildlife, and native plants and their habitats.

Subd. 5. [LEASE TERMS.] The following terms and conditions shall be specified in leases issued under this section:

(1) a lease is effective for three years and is not transferable. A lease may be renewed within 90 days of expiration for a fee of $50;


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(2) within one year of the effective date of the lease, the lessee shall commence operations to recover the logs covered by the lease or the lease shall be canceled;

(3) the lake or river where the sunken logs may be raised pursuant to the lease. No lake or river may be covered by more than one lease under this section unless the water body is located in more than one county, in which case one lease may be issued in each county;

(4) the lessee shall comply with all conditions attached to the lease by the commissioner to protect the public rights in navigable water, ensure compliance with federal requirements, and protect aquatic habitats;

(5) the lessee shall only recover logs that are submerged at a water depth of 20 feet or more and is entitled to ownership of only the sunken logs recovered during the time period covered by the lease from submerged lands described in the lease;

(6) the location of where the recovered logs are deposited on shore shall be subject to approval by the commissioner but in no case shall the operations interfere with the public's use of public accesses;

(7) the lessee shall plainly place the number of the lease upon all logs recovered to adequately identify the logs from the time they are hauled onto shore until they are delivered to the manufacturing facility where they will be processed;

(8) the commissioner reserves the right to revoke the lease for failure to follow the terms and conditions of the lease;

(9) the only acceptable method of recovery is by winching so as to minimize disturbance of lake or riverbed material;

(10) the commissioner shall bill the lessee for the value of the recovered logs based on a rate of 25 percent of the weighted average selling price for all logs sold from state lands for the preceding 12 months;

(11) if the commissioner determines that use of the lease area will interfere with the present or future management objectives of the commissioner, a lease may be canceled upon 21 business days' written notice from the commissioner to the lessee;

(12) the lessee shall indemnify the commissioner against all claims, damages, costs, and expenses, including attorney fees, arising either from reclamation or from any negligence on the part of the lessee;

(13) all divers used in recovery must be certified by the National Association of Skin Diving Schools;

(14) a lessee must notify personnel at the appropriate department district office five working days prior to raising submerged logs;

(15) the commissioner and staff shall have access to lease premises, recovery vehicles, and land vehicles for inspection at any and all reasonable times. Failure to comply shall result in immediate suspension of recovery and loss of the lease;

(16) it is the responsibility of the lessee to notify the Minnesota historical society prior to commencing log removal. Upon locating historic items, the lessee must notify the Minnesota historical society within one business day. The historical society shall then make a determination on the disposition of the items found. The staff of the historical society shall have access to lease premises, recovery vehicles, and land vehicles for inspection at any and all reasonable times. Failure to comply with this clause shall result in immediate and permanent suspension of all leases held by the lessee;

(17) an officer shall have the power to enforce the terms and conditions of a lease issued under this section;


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(18) if the lessee finds what the lessee reasonably believes to be a pollutant or contaminant, the lessee shall contact the pollution control agency within 24 hours; and

(19) if the lessee recovers a log with an American Indian tribal mark or brand, the lessee shall notify the nearest tribal government authority within five business days.

Subd. 6. [DISPOSITION OF REVENUE.] Money collected under this section shall be deposited as follows:

(1) application fees shall be deposited in the general fund;

(2) lease proceeds shall be deposited in the game and fish fund unless the submerged lands are permanent school fund lands; and

(3) lease proceeds for leases of submerged lands that are permanent school fund lands shall be deposited in the permanent school fund.

Subd. 7. [PENALTIES.] (a) Recovery of sunken logs that are removed from submerged lands without a lease issued by the commissioner under this section is trespass as defined in section 90.301.

(b) After the first offense under this subdivision, a person may not apply for or work under a lease issued under this section to remove sunken logs for a period of one year.

(c) After the second offense under this subdivision, a person may not apply for or work under a lease issued under this section to remove sunken logs.

Sec. 2. [PROGRAM REPORT.]

No later than June 30, 2003, the commissioner of natural resources shall report to the legislature on the recovery of sunken logs under Minnesota Statutes, section 103G.650. The report shall include a fiscal note.

Sec. 3. [REPEALER.]

Minnesota Statutes 1998, section 514.53, is repealed.

Sec. 4. [EFFECTIVE DATE.]

Sections 1 to 3 are effective June 1, 2000."

Delete the title and insert:

"A bill for an act relating to natural resources; providing for the recovery of sunken logs in inland waters; proposing coding for new law in Minnesota Statutes, chapter 103G; repealing Minnesota Statutes 1998, section 514.53."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.

The report was adopted.


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Lindner from the Committee on Jobs and Economic Development Policy to which was referred:

H. F. No. 2604, A bill for an act relating to economic development; creating Northern Technology Initiative, Inc.; proposing coding for new law as Minnesota Statutes, chapter 116T.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Rhodes from the Committee on Governmental Operations and Veterans Affairs Policy to which was referred:

H. F. No. 2629, A bill for an act relating to the state building code; providing for indoor air quality standards in K-12 educational facilities; amending Minnesota Statutes 1999 Supplement, section 16B.61, subdivision 3.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on K-12 Education Finance.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2673, A bill for an act relating to local government; establishing standards for the creation of corporations by political subdivisions; providing for the continuation of existing corporations created by political subdivisions; amending Minnesota Statutes 1998, section 238.08, subdivision 3; proposing coding for new law in Minnesota Statutes 1998, chapter 465; repealing Minnesota Statutes 1998, section 465.715, subdivisions 1, 2, and 3; Minnesota Statutes 1999 Supplement, section 465.715, subdivision 1a.

Reported the same back with the following amendments:

Page 2, line 16, delete "7" and insert "6" and after the period, insert "A certified copy of the resolution must be attached to the articles of incorporation filed with the secretary of state. Thereafter, the corporation may not amend its articles of incorporation so as to be inconsistent with the resolution, but the political subdivision may adopt a new resolution following the requirements of this section and attach a certified copy of the new resolution to the amended and restated articles of incorporation filed with the secretary of state."

Page 2, delete lines 34 to 36

Page 3, delete lines 1 to 16 and insert:

"Subd. 6. [ALLOCATION OF ASSETS AND LIABILITIES.] If the political subdivision that creates the corporation is a joint powers board, the joint powers agreement and the resolution must specify how the assets and liabilities of the corporation are allocated or attributed to each member of the joint powers board, including, but not limited to, for the purposes of any applicable levy or debt limits."

Page 3, line 17, delete "8" and insert "7"

Page 4, line 21, delete "9" and insert "8"

Page 4, line 25, delete "10" and insert "9"


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Page 4, line 35, delete everything after the period

Page 4, delete line 36

Page 5, delete lines 1 to 3

Page 5, line 4, delete everything before "the"

Page 5, line 7, delete "11" and insert "10"

Page 5, after line 10, insert:

"Subd. 11. [DATA CLASSIFICATION.] The following data created, collected, or maintained by a corporation subject to this section are classified as private data under section 13.02, subdivision 12, or as nonpublic data under section 13.02, subdivision 9: proprietary data relating either (1) to private businesses, or (2) to enterprises operated by the corporation that are in competition with entities offering similar goods and services, so long as the data are not generally known or readily ascertainable by proper means and disclosure of specific data would cause harm to the competitive position of the enterprise or private business, provided that the goods or services do not require a tax levy."

Page 5, line 27, before "appointed" insert "automatically" and after "board" insert "solely"

Page 6, line 14, delete "10" and insert "9" and after the period, insert "A certified copy of the resolution must be filed with the secretary of state."

Page 6, line 30, delete "10" and insert "9"

Page 6, line 34, before the period, insert "and a certified copy of the resolution is attached to the amended articles of incorporation filed with the secretary of state"

Page 7, delete lines 25 to 34

Page 7, line 35, delete "9" and insert "8" and before "If" insert "If the political subdivision that created the corporation is a joint powers board, the joint powers agreement and the resolution must specify how the assets and liabilities of the corporation are allocated or attributed to each member of the joint powers board, including, but not limited to, for the purposes of any applicable levy or debt limits."

Page 8, line 9, delete "10" and insert "9"

Page 8, line 18, after the period, insert "A corporation may not be exempted from section 471.705, the Minnesota Open Meeting Law, sections 138.163 to 138.25, governing records management, or chapter 13, the Minnesota Government Data Practices Act. Any affected or interested person may bring an action in district court to void the resolution on the grounds that the findings are not sufficiently detailed and specific, or that the corporation can fulfill its purpose if it is subject to the law from which the resolution exempts the corporation."

Page 9, after line 19, insert:

"Subd. 10. [THREE-YEAR REVIEW OF APPLICABILITY OF OTHER LAWS.] At least every three years after adoption of a resolution that exempts a corporation from part or all of a law under subdivision 9, the political subdivision must review the activities of the corporation and whether the exemption should continue to apply to the corporation. The political subdivision must conduct the review at a regularly scheduled meeting of its governing body. The political subdivision must adopt a resolution to continue any exemption and a certified copy of the resolution must be filed with the secretary of state. The political subdivision cannot exempt the corporation from a law for the first time under the review process of this subdivision."


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Page 9, line 34, delete everything after the period

Page 9, delete lines 35 and 36

Page 10, delete lines 1 and 2

Page 10, line 3, delete everything before "the"

Page 10, after line 9, insert:

"Subd. 14. [DATA CLASSIFICATION.] The following data created, collected, or maintained by a corporation subject to this section are classified as private data under section 13.02, subdivision 12, or as nonpublic data under section 13.02, subdivision 9: (1) proprietary data relating either (i) to private businesses, or (ii) to enterprises operated by the corporation that are in competition with entities offering similar goods and services, so long as the data are not generally known or readily ascertainable by proper means and disclosure of specific data would cause harm to the competitive position of the enterprise or private business, provided that the goods or services do not require a tax levy; and (2) any data identified in section 13.491 collected or received by a transit organization."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Civil Law.

The report was adopted.

Goodno from the Committee on Health and Human Services Finance to which was referred:

H. F. No. 2699, A bill for an act relating to human services; establishing a floor for nursing facility operating cost reimbursement; amending Minnesota Statutes 1998, section 256B.431, by adding a subdivision.

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.

Goodno from the Committee on Health and Human Services Finance to which was referred:

H. F. No. 2716, A bill for an act relating to health; crediting tobacco settlement revenues to the health care access fund; modifying provider premium tax; eliminating the MinnesotaCare provider taxes on a contingent basis; amending Minnesota Statutes 1998, sections 60A.15, subdivision 1; and 292.52, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 295.52, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 16A.

Reported the same back with the following amendments:

Page 5, after line 31, insert:

"Sec. 3. [62Q.48] [PASS-THROUGH OF SAVINGS TO PURCHASERS.]

Subdivision 1. [PREMIUMS TO REFLECT SAVINGS.] Health plan company premium rates must reflect all savings resulting from:

(1) the contingent elimination of the MinnesotaCare provider taxes under section 295.52, subdivision 8, and the resulting reduction in the transfer of additional expenses generated by section 295.52 obligations to third party contracts under section 295.582; and


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(2) the contingent elimination of the tax on nonprofit health plan company premiums under section 60A.15, subdivision 1, paragraph (k).

Subd. 2. [DOCUMENTING COMPLIANCE.] Each health plan company shall annually submit documentation indicating compliance with subdivision 1 to the appropriate commissioner.

Subd. 3. [ENFORCEMENT.] If the appropriate commissioner finds that a health plan company has not complied with subdivision 1, the commissioner may take enforcement action against that health plan company. The commissioner may, by order, require premium rate reductions, fine or censure the health plan company, or revoke or suspend the certificate of authority or license of the health plan company to do business in this state, if the commissioner finds that the health plan company has not complied with this section. The health plan company may appeal the commissioner's order through a contested case hearing in accordance with chapter 14."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "requiring pass-through of savings;"

Page 1, line 10, delete "chapter" and insert "chapters" and after "16A" insert "; and 62Q"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

Smith from the Committee on Civil Law to which was referred:

H. F. No. 2731, A bill for an act relating to commerce; motor vehicle sales and distribution; regulating unfair practices by manufacturers, distributors, and factory branches; amending Minnesota Statutes 1998, sections 80E.13; and 80E.14, subdivision 1.

Reported the same back with the following amendments:

Page 3, line 5, before the period, insert ", distributor, or factory branch" and after "manufacturer" insert ", distributor, or factory branch"

Page 3, line 6, after "interest" insert ", other than a passive interest held for investment purposes,"

Page 3, line 8, after "manufacturer" insert ", distributor, or factory branch"

Page 3, lines 12 and 13, delete the new language

Page 4, line 11, delete ", or" and insert ". Failure to offer a model is not a violation of this section if the failure is not arbitrary and is due to a lack of manufacturing capacity, a strike, labor difficulty, or other cause over which the manufacturer, distributor, or factory branch has no control;

(n)"

Page 4, line 14, after "to" insert "require the dealer to"


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Page 4, after line 16, insert:

"Notwithstanding the provisions of this section, a manufacturer, distributor, or factory branch is not required to modify an existing ownership interest in a dealership in place on the effective date of this section."

Page 4, line 29, strike "15" and insert "30"

Page 4, line 30, strike "15" and insert "30"

With the recommendation that when so amended the bill pass.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2737, A bill for an act relating to municipalities; allowing donations to all school programs and all facilities; amending Minnesota Statutes 1998, section 471.15.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Education Policy.

The report was adopted.

Davids from the Committee on Commerce to which was referred:

H. F. No. 2810, A bill for an act relating to commerce; protecting the privacy of financial data; enhancing federal requirements and providing state enforcement; proposing coding for new law in Minnesota Statutes, chapter 45.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Civil Law.

The report was adopted.

Davids from the Committee on Commerce to which was referred:

H. F. No. 2820, A bill for an act relating to economic development; providing catalyst grants to promote Internet access in rural Minnesota; appropriating money.

Reported the same back with the following amendments:

Page 1, line 14, delete everything after "technology"

Page 1, line 15, delete everything before the period

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.


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Lindner from the Committee on Jobs and Economic Development Policy to which was referred:

H. F. No. 2901, A bill for an act relating to occupational safety; providing that the next of kin of a deceased employee can participate in procedures related to citations; providing for a presumptive penalty for violations related to the death of an employee; amending Minnesota Statutes 1998, sections 182.651, subdivision 22; 182.661, subdivision 1; and 182.666, subdivision 2, and by adding a subdivision.

Reported the same back with the following amendments:

Page 1, delete section 1 and insert:

"Section 1. [182.6545] [RIGHTS OF NEXT OF KIN UPON DEATH.]

In the case of a death of an employee, the department shall make reasonable efforts to locate the employee's next of kin and shall mail to them copies of the following:

(a) citations and notification of penalty;

(b) notices of hearings;

(c) complaints and answers;

(d) settlement agreements;

(e) orders and decisions; and

(f) notices of appeals.

In addition, the next of kin shall have the right to request a consultation with the department regarding citations and notification of penalties issued as a result of the investigation of the employee's death. For the purposes of this section, "next of kin" refers to the nearest proper relative as that term is defined by section 253B.03, subdivision 6, paragraph (c)."

Page 2, line 25, after "any" insert "(1)"

Page 2, line 26, delete the second comma and insert "; or (2) any failure to correct a violation pursuant to subdivision 4"

Page 2, delete lines 27 to 36 and insert "contributes to the death of an employee, the minimum total nonnegotiable fine which shall be assessed is $50,000 for a willful or repeated violation or $25,000 for a serious violation that is not willful or repeated."

Page 3, delete line 1

Amend the title as follows:

Page 1, line 7, delete "182.651, subdivision 22;"

Page 1, line 9, before the period, insert "; proposing coding for new law in Minnesota Statutes, chapter 182"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.

The report was adopted.


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Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 2906, A bill for an act relating to higher education; requiring the University of Minnesota college of agriculture to report to the legislature; proposing coding for new law in Minnesota Statutes, chapter 137.

Reported the same back with the following amendments:

Page 1, line 9, delete "submit" and insert "present"

Page 1, line 12, delete "college" and after the semicolon, insert "an outline of major" and delete "from the"

Page 1, line 13, delete "previous report"

Page 1, line 15, delete "made" and insert "presented" and delete "February 5 of each year" and insert "30 days after each regular session of the legislature convenes"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Higher Education Finance.

The report was adopted.

McElroy from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 2966, A bill for an act relating to capital improvements; appropriating money for multicultural development grants; authorizing state bonds.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on K-12 Education Finance.

The report was adopted.

Broecker from the Committee on Judiciary Finance to which was referred:

H. F. No. 3003, A bill for an act relating to corrections; authorizing creation of a fugitive apprehension unit in the department of corrections; prescribing duties for the unit; amending Minnesota Statutes 1999 Supplement, section 626.84, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 241.

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.

Abrams from the Committee on Taxes to which was referred:

H. F. No. 3039, A bill for an act relating to taxation; providing a one-time exemption from penalty for omission of the public advertisement requirement of the truth-in-taxation process for Wadena county.

Reported the same back with the recommendation that the bill pass.

The report was adopted.


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Leppik from the Committee on Higher Education Finance to which was referred:

H. F. No. 3082, A bill for an act relating to higher education; increasing the higher education facilities authority bonding authority; amending Minnesota Statutes 1998, section 136A.29, subdivision 9.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Capital Investment.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 3113, A bill for an act relating to health occupations; permitting an additional pharmacy technician in a pharmacy if the technician is nationally certified; amending Minnesota Statutes 1999 Supplement, section 151.102, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 16, delete "two-to-one"

Page 1, line 17, after "subdivision" insert "or in rule"

Page 1, line 23, after the second "certification" insert "as determined by the board of pharmacy"

With the recommendation that when so amended the bill pass.

The report was adopted.

Smith from the Committee on Civil Law to which was referred:

H. F. No. 3119, A bill for an act relating to public defense; limiting representation by public defenders and court-appointed counsel to minors who are ten years of age or older; amending Minnesota Statutes 1998, section 611.26, subdivision 6; Minnesota Statutes 1999 Supplement, sections 260C.163, subdivision 3; and 611.14.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 3164, A bill for an act relating to Washington county; increasing its housing and redevelopment authority to seven members.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.


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Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 3169, A bill for an act relating to Dakota county; authorizing the county to appoint an additional member to its personnel board of appeals; amending Minnesota Statutes 1998, sections 383D.30, subdivision 1; and 383D.31.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 3188, A bill for an act relating to medical assistance reimbursement for special transportation services; amending Minnesota Statutes 1998, section 256B.0625, subdivision 17.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 3202, A bill for an act relating to counties; authorizing certain compensation to coroner, deputy coroner, coroner's investigator, or medical examiner; amending Minnesota Statutes 1998, section 382.18.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 3212, A bill for an act relating to human services; directing the commissioner of human services to study reimbursing home care and personal care providers for transportation expenses; proposing coding for new law in Minnesota Statutes, chapter 256B.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

Smith from the Committee on Civil Law to which was referred:

H. F. No. 3220, A bill for an act relating to real property; certificates of value; common interest ownership communities; redemptions of realty; making technical changes; modifying procedural requirements; amending Minnesota Statutes 1998, sections 272.115, subdivision 1; 514.15; 550.24; 580.24; and 581.10; Minnesota Statutes 1999 Supplement, sections 515B.1-102; and 515B.1-116; repealing Minnesota Statutes 1998, section 550.25.

Reported the same back with the following amendments:


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5927

Pages 1 and 2, delete section 1 and insert:

"Section 1. Minnesota Statutes 1998, section 115.55, subdivision 7, is amended to read:

Subd. 7. [LOCAL STANDARDS.] (a) [EXISTING SYSTEMS.] Counties may adopt by ordinance local standards that are less restrictive than the agency's rules in order to define an acceptable existing system. The local standards may include soil separation, soil classification, vegetation, system use, localized well placement and construction, localized density of systems and wells, extent of area to be covered by local standards, groundwater flow patterns, and existing natural or artificial drainage systems. The local standards and criteria shall be submitted to the commissioner for comment prior to adoption to demonstrate that, based on local circumstances in that jurisdiction, they adequately protect public health and the environment.

(b) [NEW OR REPLACEMENT SYSTEMS.] Counties, after providing documentation of conditions listed in this paragraph to the commissioner, may adopt by ordinance local standards that are less restrictive than the agency's rules for new system construction or replacement in areas of sustained and projected low population density where conditions render conformance to applicable requirements difficult or otherwise inappropriate. Documentation may include a map delineating the area of the county to be served by the local standards, a description of the hardship that would result from strict adherence to the agency's rules, and evidence of sustained and projected low population density. The local standards must protect human health and the environment and be based on considerations that may include, but need not be limited to, soil separation, soil classification, vegetation, system use, localized well placement and construction, localized density of systems and wells, extent of area to be covered by local standards, groundwater flow patterns, and existing natural or artificial drainage systems. The local standards must provide cost-effective and long-term treatment alternatives. The draft ordinance incorporating the local standards must be submitted to the local water planning advisory committee, created under section 103B.321, subdivision 3, and then submitted with justification to the commissioner 30 days before adoption for review and comment.

(c) [NEW OR REPLACEMENT SYSTEMS; LOCAL ORDINANCES.] A local unit of government may adopt and enforce ordinances or rules affecting new or replacement individual sewage treatment systems that are more restrictive than the agency's rules. However, no local unit of government may adopt or enforce an ordinance or rule if its effect is to prohibit or delay any sale or conveyance of an interest in real property or the recording with the county recorder or registrar of titles of any deed or other instrument that is otherwise entitled to be recorded.

(d) [LOCAL STANDARDS; CONFLICT WITH STATE LAW.] Local standards adopted under paragraph (a) or (b) must not conflict with any requirements under other state laws or rules or local ordinances, including, but not limited to, requirements for:

(1) systems in shoreland areas, regulated under sections 103F.201 to 103F.221;

(2) well construction and location, regulated under chapter 103I; and

(3) systems used in connection with food, beverage, and lodging establishments, regulated under chapter 157.

The local standards must include references to applicable requirements under other state laws or rules or local ordinances."

Amend the title as follows:

Page 1, line 2, delete "certificates of value;"

Page 1, line 6, delete "272.115, subdivision 1;" and insert "115.55, subdivision 7;"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5928

Davids from the Committee on Commerce to which was referred:

H. F. No. 3223, A bill for an act relating to insurance; making the state of Minnesota a contributing member of the comprehensive health association in respect of self-insured employee health plans; appropriating money; amending Minnesota Statutes 1998, sections 62E.02, subdivision 23; and 62E.10, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on State Government Finance.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 3229, A bill for an act relating to Hennepin county; providing for payment of county obligations by electronic transfer or credit card; amending Minnesota Statutes 1998, section 383B.116, subdivision 2, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 383B.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 3263, A bill for an act relating to the city of Duluth; authorizing the city council to establish or grant additional powers to a human rights commission.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Judiciary Finance.

The report was adopted.

Bradley from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 3279, A bill for an act relating to human services; increasing prepaid medical assistance program capitation rates for nonmetropolitan counties; amending Minnesota Statutes 1999 Supplement, section 256B.69, subdivision 5b.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 3328, A bill for an act relating to natural resources; adding to the Iron Range off-highway vehicle state recreation area; extending the availability of a previous appropriation.

Reported the same back with the recommendation that the bill pass.

The report was adopted.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5929

Stanek from the Committee on Crime Prevention to which was referred:

H. F. No. 3346, A bill for an act relating to crime; criminal justice information systems technology; changing the membership of the criminal and juvenile justice information policy group; authorizing the purchase and distribution of criminal justice technology infrastructure improvements; appropriating money; amending Minnesota Statutes 1998, section 299C.65, subdivision 1, and by adding a subdivision; and Minnesota Statutes 1999 Supplement, section 299C.65, subdivisions 2 and 8.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.

The report was adopted.

Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 3352, A bill for an act relating to game and fish; permitting angling with a lighted fishing lure; amending Minnesota Statutes 1998, section 97C.335.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Mares from the Committee on Education Policy to which was referred:

H. F. No. 3359, A bill for an act relating to education; establishing a uniform minimum length of the school year; amending Minnesota Statutes 1998, section 120A.41.

Reported the same back with the following amendments:

Page 1, line 16, delete "2000-2001" and insert "2001-2002"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on K-12 Education Finance.

The report was adopted.

Mares from the Committee on Education Policy to which was referred:

H. F. No. 3402, A bill for an act relating to education; requiring a criminal background check for nonlicensed individuals paid to provide classroom instruction; amending Minnesota Statutes 1999 Supplement, section 123B.03, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Crime Prevention.

The report was adopted.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5930

Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 3510, A bill for an act relating to game and fish; extending authorization to take two deer in certain counties; amending Laws 1993, chapter 273, section 1, as amended.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Ozment from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 3516, A bill for an act relating to natural resources; allowing expenditure of appropriated money for certain seminars and conferences; clarifying certain prohibitions related to the operation of snowmobiles, all-terrain vehicles, and motorboats; modifying composition of the outdoor recreation system; modifying disposition of certain receipts; designating a migratory waterfowl refuge; modifying certain rulemaking authority; eliminating trawling fees; providing for acquisition of critical aquatic habitat; modifying commissioner's authority to remove rough fish; modifying minnow retailer and turtle license provisions; clarifying forfeiture procedure; modifying mineral land provisions; increasing project amount for security in place of bonds; granting legislative approval for certain water usage; amending Minnesota Statutes 1998, sections 9.071; 86A.04; 86B.331, subdivision 1; 93.05; 93.055; 93.14; 93.15; 93.16; 93.17; 93.193, subdivision 1; 93.21; 93.22; 93.25, subdivisions 1 and 2; 93.26; 93.27; 93.28; 93.285, subdivisions 2 and 3; 93.335, subdivision 1; 93.43; 97A.095, by adding a subdivision; 97A.405, subdivision 3; 97A.475, subdivision 30; 97C.041; 97C.501, subdivisions 1 and 2; and 97C.605, subdivisions 1 and 2; Minnesota Statutes 1999 Supplement, sections 84.91, subdivision 1; 97A.065, subdivision 2; 169.1217, subdivision 7a; 290.431; 290.432; and 574.264, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 84; 93; and 97C; repealing Minnesota Statutes 1998, sections 93.07; 93.08; 93.09; 93.10; 93.11; 93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 93.202; 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 93.34, subdivisions 1 and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 93.356; 93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312.

Reported the same back with the following amendments:

Page 30, line 14, delete "2005" and insert "2002"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.

The report was adopted.

Finseth from the Committee on Agriculture Policy to which was referred:

H. F. No. 3541, A bill for an act relating to agriculture; classifying certain data maintained by the board of animal health; proposing coding for new law in Minnesota Statutes, chapter 13.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Civil Law.

The report was adopted.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5931

SECOND READING OF HOUSE BILLS

H. F. Nos. 2505, 2731, 3039, 3113, 3119, 3164, 3169, 3202, 3220, 3229, 3328, 3352 and 3510 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 2411 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Finseth, Westfall, Tunheim and Lieder introduced:

H. F. No. 3767, A bill for an act relating to natural resources; increasing the flood hazard grant level for flood hazard mitigation projects in the Red river basin that are subject to a mediation agreement; providing funding for flood hazard mitigation; authorizing state bonds; appropriating money; amending Minnesota Statutes 1998, section 103F.161, subdivision 2.

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

Kielkucki and Olson introduced:

H. F. No. 3768, A bill for an act relating to education; codifying the state high school graduation rule on the profile of learning; amending Minnesota Statutes 1999 Supplement, sections 120B.02; 122A.09, subdivision 4; 126C.10, subdivision 14; and 290.0674, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 120B; repealing Minnesota Statutes 1998, section 120B.03, subdivision 1; Minnesota Rules, parts 3501.0300; 3501.0310; 3501.0320; 3501.0330; 3501.0340; 3501.0350; 3501.0360; 3501.0370; 3501.0380; 3501.0390; 3501.0400; 3501.0410; 3501.0420; 3501.0430; 3501.0440; 3501.0441; 3501.0442; 3501.0443; 3501.0444; 3501.0445; 3501.0446; 3501.0447; 3501.0448; 3501.0449; 3501.0450; 3501.0460; 3501.0461; 3501.0462; 3501.0463; 3501.0464; 3501.0465; 3501.0466; 3501.0467; 3501.0468; and 3501.0469.

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

Wenzel and Osthoff introduced:

H. F. No. 3769, A bill for an act relating to capital improvements; authorizing state bonds and appropriating money for a wastewater infrastructure fund grant to the Garrison, Kathio, and West Mille Lacs Lake sanitary sewer district.

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


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5932

Juhnke, Dehler and Jennings introduced:

H. F. No. 3770, A bill for an act relating to crime prevention; creating a crime for driving away from a gas pump without paying; requiring driver's license suspension for subsequent convictions; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Winter, Hasskamp, Kuisle, Rukavina and Jennings introduced:

H. F. No. 3771, A bill for an act relating to taxation; sales and use; including machinery used to produce certain plants and nursery stock in the definition of farm machinery; amending Minnesota Statutes 1998, section 297A.01, subdivision 15.

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

McElroy, Dawkins, Pawlenty, Harder and Abrams introduced:

H. F. No. 3772, A bill for an act relating to income taxes; modifying the education credit; amending Minnesota Statutes 1999 Supplement, section 290.0674, subdivision 2.

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

Tomassoni, Seagren, Sykora, Ness and Winter introduced:

H. F. No. 3773, A bill for an act relating to child care; directing the commissioner of the department of children, families, and learning to request a waiver from federal law.

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

Seagren; Pawlenty; Westerberg; Seifert, J.; Carlson and Erickson introduced:

H. F. No. 3774, A bill for an act relating to education; establishing criteria for district and school contracts for electronic products or services that require advertising to be disseminated to students; proposing coding for new law in Minnesota Statutes, chapter 123B.

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

Larsen, P., introduced:

H. F. No. 3775, A bill for an act relating to retirement; Minneapolis employees retirement fund; authorizing the purchase of service credit for a period of prior temporary employment.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5933

Winter; Tunheim; Anderson, I.; Hasskamp; Hilty; Kubly and Lieder introduced:

H. F. No. 3776, A bill for an act relating to education; balancing statewide accountability and district autonomy under the profile of learning; amending Minnesota Statutes 1998, section 120B.03; Minnesota Statutes 1999 Supplement, sections 120B.02; 120B.30, subdivision 1; and 120B.35.

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

Dorn, Tomassoni and Johnson introduced:

H. F. No. 3777, A bill for an act relating to education; limiting the time for appeal of a school board decision not to sponsor a charter school; amending Minnesota Statutes 1999 Supplement, section 124D.10, subdivision 4.

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

Rifenberg introduced:

H. F. No. 3778, A bill for an act relating to commerce; protecting the privacy of financial data; enhancing federal requirements and providing state enforcement; proposing coding for new law in Minnesota Statutes, chapter 45.

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

Clark, K., and Wejcman introduced:

H. F. No. 3779, A bill for an act relating to human services; establishing a grant program to provide shelter and counseling for homeless, runaway, or thrown-away youth at risk of being prostituted or presently being used in prostitution; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 260B.

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

Westerberg, Tingelstad, Haake, Chaudhary, Holberg, Olson, Rostberg, Cassell, Vandeveer, Davids, Lenczewski and Abeler introduced:

H. F. No. 3780, A bill for an act relating to taxes; sales and use tax; expanding the purposes for which nonprofit groups may make tax exempt purchases; amending Minnesota Statutes 1998, section 297A.25, subdivision 16.

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

Carruthers, Luther, Johnson and Solberg introduced:

H. F. No. 3781, A bill for an act relating to education finance; fully funding the three additional days of student instruction approved by the 1997 Legislature; appropriating money; amending Minnesota Statutes 1999 Supplement, section 126C.10, subdivision 2; repealing Laws 1999, chapter 241, article 1, section 64.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5934

Westerberg; Haake; Paulsen; Pugh; Holberg; Seagren; Haas; Krinkie; Larsen, P.; Tingelstad; Vandeveer; Davids; Lenczewski; McElroy; Abeler; Gerlach; Hackbarth; Erhardt; Wilkin; Boudreau; Holsten and Workman introduced:

H. F. No. 3782, A bill for an act relating to taxation; providing a property tax exemption for leased land on which private noncommercial aircraft storage hangars are located; providing for property tax classification of the noncommercial aircraft storage hangars; amending Minnesota Statutes 1998, sections 272.01, subdivision 2; and 273.19, subdivision 1; Minnesota Statutes 1999 Supplement, section 273.13, subdivision 24.

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

Smith and Lindner introduced:

H. F. No. 3783, A bill for an act relating to water quality cooperatives; repealing their authority to exist and operate; repealing Minnesota Statutes 1998, sections 115.58; 308A.101, subdivision 3; and 308A.201, subdivision 15.

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

Vandeveer introduced:

H. F. No. 3784, A bill for an act relating to traffic regulations; authorizing Centerville and Lino Lakes to prescribe a speed limit of 25 miles per hour in school zones.

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

Kelliher and Gray introduced:

H. F. No. 3785, A bill for an act relating to higher education; capital improvements; appropriating money to the Minnesota state colleges and universities for projects at Minneapolis community and technical college.

The bill was read for the first time and referred to the Committee on Higher Education Finance.

Anderson, B., introduced:

H. F. No. 3786, A bill for an act relating to local government; authorizing Wright county to convey certain county ditches to the cities of St. Michael and Albertville.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Clark, J.; Workman; Seifert, M.; Paulsen; Kuisle; Storm; Stang and Swenson introduced:

H. F. No. 3787, A bill for an act relating to taxation; reducing passenger automobile registration tax; proposing an amendment to the Minnesota Constitution, article XIV, section 9, and dedicating the net proceeds of the sales tax on motor vehicles to the highway user tax distribution fund; clarifying and changing obsolete, archaic, or redundant statutory language; amending Minnesota Statutes 1998, sections 168.013, subdivision 1a; and 297B.09.

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


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5935

Stanek introduced:

H. F. No. 3788, A bill for an act relating to taxation; sales and use; exempting sales to political subdivisions of a state; amending Minnesota Statutes 1998, section 297A.47; Minnesota Statutes 1999 Supplement, section 297A.25, subdivision 11.

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

Stanek introduced:

H. F. No. 3789, A bill for an act relating to criminal justice information systems technology; changing the membership of the criminal and juvenile justice information policy group; creating a data group to assist the policy group; authorizing the purchase and distribution of criminal justice technology infrastructure improvements; appropriating money; amending Minnesota Statutes 1998, section 299C.65, subdivision 1, and by adding subdivisions; Minnesota Statutes 1999 Supplement, section 299C.65, subdivision 2.

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

Larsen, P.; Schumacher and Abeler introduced:

H. F. No. 3790, A bill for an act relating to education finance; applying marginal cost funding only to school districts with declining enrollment; appropriating money; amending Minnesota Statutes 1999 Supplement, section 126C.05, subdivision 5.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Vandeveer; Molnau; Workman; Krinkie; Lieder; Larsen, P.; Swenson; Kalis; Howes; Westerberg; Wilkin; Gerlach; Reuter; Larson, D.; Kielkucki; Holberg; Stanek; Bakk; Nornes; Cassell; Kuisle; Dehler; Stang; Westrom; Anderson, B.; Osskopp; Tuma; Erickson; Davids; Harder; Seifert, M.; Storm; Dempsey; Clark, J., and Juhnke introduced:

H. F. No. 3791, A bill for an act relating to transportation; prohibiting expenditures of trunk highway funds for certain purposes relating to light rail transit; amending Minnesota Statutes 1998, section 174.35.

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

Opatz, Entenza, Greiling and Biernat introduced:

H. F. No. 3792, A bill for an act relating to education; establishing parameters for a state system of educational accountability and public reporting; amending Minnesota Statutes 1999 Supplement, section 120B.31, subdivision 1.

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

Clark, J., introduced:

H. F. No. 3793, A bill for an act relating to commerce; modifying requirements for invention developers; amending Minnesota Statutes 1998, sections 325A.04, by adding a subdivision; 325A.06, subdivisions 1 and 2; and 325A.09, subdivision 5, and by adding subdivisions; repealing Minnesota Statutes 1998, section 325A.06, subdivision 3.

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


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5936

Molnau and Lieder introduced:

H. F. No. 3794, A bill for an act relating to transportation; prohibiting the commissioner of transportation from applying for any federal funds for the Hiawatha Avenue light rail transit project other than federal funds that may be used only for transit capital projects; amending Laws 1999, chapter 240, article 1, section 9, subdivision 5.

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

Kuisle introduced:

H. F. No. 3795, A bill for an act relating to the city of Rochester; modifying probationary period rules for city of Rochester firefighters.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Kuisle introduced:

H. F. No. 3796, A bill for an act relating to civil service; providing for a probationary period for new firefighters.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Chaudhary, Johnson, Otremba, Nornes, Sykora, Gray and Schumacher introduced:

H. F. No. 3797, A bill for an act relating to education; increasing general community education revenue; appropriating money; amending Minnesota Statutes 1998, section 124D.20, subdivision 3.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

McElroy introduced:

H. F. No. 3798, A bill for an act relating to economic development; creating a distressed rural county job training and telecommuting program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116L.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Stang, Wenzel, Westrom, Skoe, Kubly and Cassell introduced:

H. F. No. 3799, A bill for an act relating to agriculture; providing supplemental funding for the state meat inspection program; appropriating money.

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Finance.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5937

Seagren, Mares and Wolf introduced:

H. F. No. 3800, A bill for an act relating to education; modifying certain charter school provisions; appropriating money; amending Minnesota Statutes 1999 Supplement, sections 124D.10, subdivisions 3, 4, 6, 8, 11, 14, 15, and 23; 124D.11, subdivisions 4 and 6; and 126C.05, subdivision 3; Laws 1999, chapter 241, article 5, section 18, subdivisions 5 and 6.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Erickson, Mulder, Nornes, Cassell, Rifenberg and Mares introduced:

H. F. No. 3801, A bill for an act relating to education; establishing a moratorium on the profile of learning pending a repeal when certain conditions are satisfied; reviewing the state's educational standards and assessments and implementing recommendations; addressing districts' technology needs related to recordkeeping, communications, and accountability; integrating scoring criteria into a student's course grade; improving curriculum, teachers' instructional practices, and alternative assessments; repealing Minnesota Rules, part 3501.0370, subpart 4.

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

Westfall, Westrom, Peterson and Juhnke introduced:

H. F. No. 3802, A bill for an act relating to capital improvements; authorizing issuance of bonds; appropriating money to help abate crop depredation by Canada geese.

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

Lenczewski introduced:

H. F. No. 3803, A bill for an act relating to peace officers; including criminal investigators employed by prosecutorial offices and agencies in the definition of peace officer if they are licensed by the POST board; including prosecutorial offices and agencies that employ such investigators in the definition of law enforcement agency; amending Minnesota Statutes 1998, section 626.84, subdivision 2; and Minnesota Statutes 1999 Supplement, section 626.84, subdivision 1.

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

Kuisle and Finseth introduced:

H. F. No. 3804, A bill for an act relating to taxation; increasing the exemption amount for the individual alternative minimum tax; amending Minnesota Statutes 1998, section 290.091, subdivision 3.

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

Dehler introduced:

H. F. No. 3805, A bill for an act relating to human services; expanding eligibility for the senior citizen drug program; amending Minnesota Statutes 1998, section 256.955, by adding a subdivision.

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


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5938

Wolf and Koskinen introduced:

H. F. No. 3806, A bill for an act relating to reemployment compensation; modifying nonprofit organization provisions; amending Minnesota Statutes 1999 Supplement, section 268.053, subdivision 1, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.

Abrams, Sykora, Workman, Folliard and Molnau introduced:

H. F. No. 3807, A bill for an act relating to local and metropolitan government; allowing the city of Minnetonka to establish a replacement service transit program.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Nornes and Boudreau introduced:

H. F. No. 3808, A bill for an act relating to child care licensing; child care centers; specifying the amount of annual inservice training required for child care center employees; amending Minnesota Statutes 1998, section 245A.14, by adding a subdivision.

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

Wagenius and Hilty introduced:

H. F. No. 3809, A bill for an act relating to agriculture; regulating aerial pesticide application; providing penalties; amending Minnesota Statutes 1998, sections 18D.325, by adding a subdivision; and 18D.331, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 19; and 31.

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

Kuisle introduced:

H. F. No. 3810, A bill for an act relating to taxes; sales and use; exempting certain vehicles and engines used by interstate carriers; amending Minnesota Statutes 1998, section 297A.211, subdivision 2.

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

Boudreau introduced:

H. F. No. 3811, A bill for an act relating to human services; allowing alternative rate-setting methodologies for day training and habilitation vendors; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 252.

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


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5939

Larson, D., introduced:

H. F. No. 3812, A bill for an act relating to capital improvements; providing funding for the historic Grimm farm program/support facility; authorizing state bonds; appropriating money.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Schumacher introduced:

H. F. No. 3813, A bill for an act relating to drainage and water management; allowing transfer of a public drainage system to a water management authority; defining water management authority; amending Minnesota Statutes 1998, section 103E.005, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103E.

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

Anderson, B., and Olson introduced:

H. F. No. 3814, A bill for an act relating to taxation of aggregate material; clarifying the definition of importer; authorizing Wright county to impose a tax on the production of aggregate materials exported outside the county; amending Minnesota Statutes 1998, section 298.75, subdivision 1.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Mahoney introduced:

H. F. No. 3815, A bill for an act relating to education; increasing the crime-related costs levy; amending Minnesota Statutes 1999 Supplement, section 126C.44.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Chaudhary, Gray, Otremba, Johnson and Schumacher introduced:

H. F. No. 3816, A bill for an act relating to education; increasing state aid for early childhood family education; appropriating money; amending Minnesota Statutes 1999 Supplement, section 124D.135, subdivision 1; Laws 1999, chapter 205, article 1, section 71, subdivision 3.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

Olson; Reuter; Anderson, B.; Kielkucki; Holberg; Lindner; Krinkie; Otremba; Hasskamp and Mulder introduced:

H. F. No. 3817, A bill for an act relating to education; providing for the use of historical documents in school without censorship; modifying violence prevention curriculum; providing for character education; amending Minnesota Statutes 1998, sections 120A.22, subdivision 9; 120B.22, subdivision 1; and 120B.23; Laws 1999, chapter 205, article 3, section 5, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 120B.

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


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5940

Otremba, Nornes, Hasskamp, Wenzel and Howes introduced:

H. F. No. 3818, A bill for an act relating to human services; modifying the per capita payment for county-based purchasing; amending Minnesota Statutes 1998, section 256B.692, subdivision 4.

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

Entenza, Seagren, Tuma and Rest introduced:

H. F. No. 3819, A bill for an act relating to education; providing for student scholarships and teacher stipends under the advanced placement and international baccalaureate program; amending Minnesota Statutes 1998, section 120B.13, by adding subdivisions.

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

Winter, Juhnke and Otremba introduced:

H. F. No. 3820, A bill for an act relating to agriculture; establishing liability for the spread of certain genetically modified organisms; specifying damages; amending Minnesota Statutes 1998, section 18F.02, subdivision 5, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 18F.

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

Winter, Peterson, Wenzel, Kalis, Otremba and Kubly introduced:

H. F. No. 3821, A bill for an act relating to agriculture; establishing standards for fair dealings between agricultural contractors and producers; imposing a penalty; amending Minnesota Statutes 1998, section 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 17.

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

Mares introduced:

H. F. No. 3822, A bill for an act relating to retirement; expanding rights to extended leaves of absence to certain teachers; amending Minnesota Statutes 1998, section 122A.46, subdivision 1, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Seagren; Larsen, P.; Hasskamp and Stanek introduced:

H. F. No. 3823, A bill for an act relating to Hennepin county; including a fifth chief deputy sheriff in the unclassified service; amending Minnesota Statutes 1998, section 383B.32, subdivision 2.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5941

Bradley introduced:

H. F. No. 3824, A bill for an act relating to health; reducing the contributing member assessment of the Minnesota comprehensive health association; appropriating money.

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

Smith, Leighton, Skoglund and Skoe introduced:

H. F. No. 3825, A bill for an act relating to crime prevention; establishing an annual insurance cap for tribal police departments; amending Minnesota Statutes 1998, sections 626.90, subdivision 2; 626.91, subdivision 2; and 626.92, subdivision 2; Minnesota Statutes 1999 Supplement, section 626.93, subdivisions 1 and 2.

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

Jennings introduced:

H. F. No. 3826, A bill for an act relating to health; providing for voluntary registration of medical response units; amending Minnesota Statutes 1998, section 144E.001, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 144E.29; proposing coding for new law in Minnesota Statutes, chapter 144E.

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

Kelliher introduced:

H. F. No. 3827, A bill for an act relating to consumer protection; regulating the use and dissemination of personally identifiable information on consumers by interactive services providers; prohibiting certain false or misleading commercial electronic mail messages; imposing penalties; proposing coding for new law in Minnesota Statutes, chapter 325F; proposing coding for new law as Minnesota Statutes, chapter 13D.

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

Solberg, Ness, Tomassoni and Anderson, I., introduced:

H. F. No. 3828, A bill for an act relating to education; modifying the general education revenue isolation index; amending Minnesota Statutes 1999 Supplement, section 126C.10, subdivision 6.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Greenfield, Broecker, McGuire and Seifert, J., introduced:

H. F. No. 3829, A bill for an act relating to human services; transferring money from the TANF fund.

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


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5942

Daggett introduced:

H. F. No. 3830, A bill for an act relating to capital improvements; appropriating wastewater funding for the city of New York Mills; authorizing the sale of state bonds.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Schumacher, Otremba, Tunheim, Gunther, Skoe, Lieder and Winter introduced:

H. F. No. 3831, A bill for an act relating to education finance; creating small school revenue; appropriating money; amending Minnesota Statutes 1998, section 126C.10, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 126C.10, subdivision 1.

The bill was read for the first time and referred to the Committee on K-12 Education Finance.

Smith introduced:

H. F. No. 3832, A bill for an act relating to human services; increasing the property-related per diem for a nursing facility; amending Minnesota Statutes 1998, section 256B.434, by adding a subdivision.

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

Goodno introduced:

H. F. No. 3833, A bill for an act relating to commerce; requiring health benefit plan to issue uniform prescription drug information cards.

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

Kelliher, Biernat, Kahn, Greenfield and Orfield introduced:

H. F. No. 3834, A bill for an act relating to tax increment financing; authorizing the establishment of a redevelopment tax increment financing district to finance the capital costs of constructing the Minneapolis central library.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Workman introduced:

H. F. No. 3835, A bill for an act relating to tax increment financing; changing the durational limits of economic development districts; amending Minnesota Statutes 1998, section 469.176, subdivision 1b.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5943

Winter, Juhnke, Dehler, Goodno and Knoblach introduced:

H. F. No. 3836, A bill for an act relating to higher education; capital improvements; authorizing spending by the Minnesota state colleges and universities to acquire and improve public land and buildings; authorizing the lease of land at the Minnesota west community and technical college; amending Laws 1998, chapter 404, section 3, subdivision 24.

The bill was read for the first time and referred to the Committee on Higher Education Finance.

Luther and Entenza introduced:

H. F. No. 3837, A bill for an act relating to health; repealing MinnesotaCare premium and provider taxes, the insurance premium tax on health insurance, the assessment for the Minnesota comprehensive health association, and the health maintenance organization and hospital surcharges; requiring pass-through of savings to purchasers; transferring responsibility for losses of the Minnesota comprehensive health association to the state treasury; providing for disposition of tobacco settlement money; providing for contingent repeal of the health care access fund; providing civil penalties; amending Minnesota Statutes 1998, sections 60A.15, subdivision 1; 62E.11, subdivision 5; 62Q.095, subdivision 6; 214.16, subdivisions 2 and 3; 256.9657, subdivision 4; and 270B.01, subdivision 8; Minnesota Statutes 1999 Supplement, section 270B.14, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 62Q; and 256L; repealing Minnesota Statutes 1998, sections 16A.76; 62E.11, subdivision 6; 62R.24; 62T.09; 62T.10; 144.1484, subdivision 2; 256.9657, subdivisions 2 and 3; 256L.02, subdivision 3; 295.50, subdivisions 1, 2, 2a, 3, 6, 6a, 7, 9b, 9c, 10a, 10b, 12b, 13, 14, and 15; 295.51; 295.52, subdivisions 1, 1a, 1b, 2, 3, 4, 4a, and 6; 295.53, subdivisions 2, 3, 4, and 4a; 295.54; 295.55, subdivisions 1, 4, 5, 6, and 7; 295.56; 295.57, subdivisions 1, 2, and 3; 295.58; 295.582; and 295.59; Minnesota Statutes 1999 Supplement, sections 13.99, subdivision 86b; 295.50, subdivision 4; 295.52, subdivisions 5 and 7; 295.53, subdivision 1; 295.55, subdivisions 2 and 3; and 295.57, subdivision 4.

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

Reuter introduced:

H. F. No. 3838, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money for Owatonna infrastructure improvements.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Goodno introduced:

H. F. No. 3839, A bill for an act relating to health; modifying provisions for speech-language pathologists, audiologists, unlicensed mental health practitioners, alcohol and drug counselors, and hearing instrument dispensers; amending Minnesota Statutes 1998, sections 148.515, subdivision 3; 148.517, by adding a subdivision; 148.518, subdivision 2; 148.5193, subdivisions 1, 2, 4, 6, and by adding a subdivision; 148B.60, subdivision 3; 148B.68, subdivision 1; 148B.69, by adding a subdivision; 148B.71, subdivision 1; 148C.01, subdivisions 2, 7, 9, 10, and by adding a subdivision; 148C.03, subdivision 1; 148C.04, by adding subdivisions; 148C.06, subdivision 1; 148C.09, subdivisions 1 and 1a; 148C.11, subdivision 1; 153A.13, subdivision 9, and by adding subdivisions; 153A.14, subdivisions 1, 2a, 2h, 4, 4a, and by adding subdivisions; and 153A.15, subdivision 1; repealing Minnesota Statutes 1998, sections 148.5193, subdivisions 3 and 5; and 148C.04, subdivision 5.

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


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5944

Krinkie, Buesgens, Erickson, Mares and Kielkucki introduced:

H. F. No. 3840, A bill for an act relating to education; providing for an alternative license for teachers who received training in other states; amending Minnesota Statutes 1999 Supplement, section 122A.23.

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

Howes introduced:

H. F. No. 3841, A bill for an act relating to retirement; public employees retirement association; revising the workers' compensation offset applicable to disabilitants; making the change applicable to certain current disabilitants; amending Minnesota Statutes 1998, section 353.33, subdivisions 5 and 5b.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.

Howes introduced:

H. F. No. 3842, A bill for an act relating to public safety; permitting sales and use of fireworks under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 624.

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

Pelowski introduced:

H. F. No. 3843, A bill for an act relating to taxation; authorizing taxing authorities to provide information on the Internet in lieu of conducting truth-in-taxation hearings; amending Minnesota Statutes 1998, section 275.065, subdivision 3, and by adding a subdivision; Minnesota Statutes 1999 Supplement, section 275.065, subdivision 5a.

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

CONSENT CALENDAR

H. F. No. 2190, A bill for an act relating to education; modifying the composition of the school site decision- making team; amending Minnesota Statutes 1998, section 123B.04, subdivision 2.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lieder Ozment Stang
Abrams Dorn Holsten Lindner Paulsen Storm
Anderson, B. Entenza Howes Luther Pawlenty Swapinski
Anderson, I. Erhardt Huntley Mahoney Paymar Swenson
Bakk Erickson Jaros Mares Pelowski Sykora
Biernat Finseth Jennings Mariani Peterson Tingelstad
Bishop Folliard Johnson Marko Pugh Tomassoni
Boudreau Fuller Juhnke McCollum Rest Trimble

Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5945
Bradley Gerlach Kahn McGuire Reuter Tuma
Broecker Gleason Kalis Milbert Rhodes Tunheim
Buesgens Goodno Kelliher Molnau Rifenberg Van Dellen
Carlson Gray Kielkucki Mulder Rostberg Vandeveer
Carruthers Greenfield Knoblach Mullery Rukavina Wagenius
Cassell Greiling Koskinen Murphy Schumacher Wenzel
Chaudhary Gunther Krinkie Ness Seagren Westerberg
Clark, J. Haake Kubly Nornes Seifert, J. Westfall
Clark, K. Haas Kuisle Olson Seifert, M. Westrom
Daggett Hackbarth Larsen, P. Opatz Skoe Wilkin
Davids Harder Larson, D. Orfield Skoglund Winter
Dawkins Hasskamp Leighton Osskopp Smith Wolf
Dehler Hausman Lenczewski Osthoff Solberg Workman
Dempsey Hilty Leppik Otremba Stanek Spk. Sviggum

The bill was passed and its title agreed to.

H. F. No. 3142, A bill for an act relating to highways; designating the Richard J. Mathiowetz Memorial Highway; amending Minnesota Statutes 1998, section 161.14, by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Lieder Paulsen Storm
Abrams Entenza Howes Lindner Pawlenty Swapinski
Anderson, B. Erhardt Huntley Luther Paymar Swenson
Anderson, I. Erickson Jaros Mahoney Pelowski Sykora
Bakk Finseth Jennings Mares Pugh Tingelstad
Biernat Folliard Johnson Mariani Rest Tomassoni
Bishop Fuller Juhnke Marko Reuter Trimble
Boudreau Gerlach Kahn McGuire Rhodes Tuma
Bradley Gleason Kalis Molnau Rifenberg Tunheim
Broecker Goodno Kelliher Mulder Rostberg Van Dellen
Buesgens Gray Kielkucki Mullery Rukavina Vandeveer
Carlson Greenfield Knoblach Murphy Schumacher Wagenius
Cassell Greiling Koskinen Ness Seagren Wenzel
Chaudhary Gunther Krinkie Nornes Seifert, J. Westerberg
Clark, J. Haake Kubly Olson Seifert, M. Westfall
Clark, K. Haas Kuisle Opatz Skoe Westrom
Daggett Hackbarth Larsen, P. Orfield Skoglund Wilkin
Davids Harder Larson, D. Osskopp Smith Winter
Dehler Hasskamp Leighton Osthoff Solberg Wolf
Dempsey Hilty Lenczewski Otremba Stanek Workman
Dorman Holberg Leppik Ozment Stang Spk. Sviggum

The bill was passed and its title agreed to.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5946

H. F. No. 3156, A bill for an act relating to highways; designating trunk highway No. 390, and marked as interstate highway I-35, the 34th Infantry (Red Bull) Division Highway; amending Minnesota Statutes 1998, section 161.14, by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Lindner Paulsen Swapinski
Abrams Entenza Howes Luther Paymar Swenson
Anderson, B. Erhardt Huntley Mahoney Pelowski Sykora
Anderson, I. Erickson Jaros Mares Peterson Tingelstad
Bakk Finseth Jennings Mariani Pugh Tomassoni
Biernat Folliard Johnson Marko Rest Trimble
Bishop Fuller Juhnke McCollum Reuter Tuma
Boudreau Gerlach Kahn McGuire Rhodes Tunheim
Bradley Gleason Kalis Milbert Rifenberg Van Dellen
Broecker Goodno Kelliher Molnau Rostberg Vandeveer
Buesgens Gray Kielkucki Mulder Rukavina Wagenius
Carlson Greenfield Knoblach Mullery Schumacher Wenzel
Carruthers Greiling Koskinen Murphy Seagren Westerberg
Cassell Gunther Krinkie Ness Seifert, J. Westfall
Chaudhary Haake Kubly Nornes Seifert, M. Westrom
Clark, J. Haas Kuisle Olson Skoe Wilkin
Clark, K. Hackbarth Larsen, P. Opatz Skoglund Winter
Daggett Harder Larson, D. Orfield Smith Wolf
Dawkins Hasskamp Leighton Osskopp Solberg Workman
Dehler Hausman Lenczewski Osthoff Stanek Spk. Sviggum
Dempsey Hilty Leppik Otremba Stang
Dorman Holberg Lieder Ozment Storm

The bill was passed and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately following the remaining bills on the Calendar for the Day, for Wednesday, February 23, 2000:

H. F. Nos. 2613, 3132, 2675, 2687, 3020 and 2719.

Bakk was excused for the remainder of today's session.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5947

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

Pawlenty, for the Committee on Rules and Legislative Administration, offered the following report and moved its adoption:

Resolved, that Rule 1.01 of the Permanent Rules of the House of Representatives for the 81st Session shall be amended to read as follows:

1.01 CONVENING OF THE HOUSE. Unless otherwise ordered, the House convenes at 2:30 p.m. The Speaker must take the chair at the appointed hour and call the House to order.

The call to order is followed by a nondenominational prayer by the Chaplain that respects the religious diversity of the House, or time for a brief meditation, then by the pledge of allegiance to the flag of the United States of America, and then by a call of the roll of members. The names of members present and members excused must be entered in the Journal of the House.

A roll call was requested and properly seconded.

CALL OF THE HOUSE

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

Abeler Dorn Howes Luther Pawlenty Storm
Abrams Erhardt Huntley Mahoney Paymar Swapinski
Anderson, B. Erickson Jaros Mares Pelowski Swenson
Anderson, I. Finseth Jennings Mariani Peterson Sykora
Biernat Folliard Johnson Marko Pugh Tingelstad
Bishop Fuller Juhnke McCollum Rest Tomassoni
Boudreau Gerlach Kahn McGuire Reuter Trimble
Bradley Gleason Kalis Milbert Rhodes Tuma
Broecker Goodno Kelliher Molnau Rifenberg Tunheim
Buesgens Greenfield Kielkucki Mulder Rostberg Van Dellen
Carlson Greiling Knoblach Mullery Rukavina Vandeveer
Cassell Gunther Koskinen Murphy Schumacher Wagenius
Chaudhary Haake Kubly Nornes Seagren Wenzel
Clark, J. Haas Kuisle Olson Seifert, J. Westfall
Clark, K. Hackbarth Larsen, P. Opatz Seifert, M. Westrom
Daggett Harder Larson, D. Orfield Skoe Wilkin
Davids Hasskamp Leighton Osskopp Skoglund Winter
Dawkins Hausman Lenczewski Osthoff Smith Wolf
Dehler Hilty Leppik Otremba Solberg Workman
Dempsey Holberg Lieder Ozment Stanek Spk. Sviggum
Dorman Holsten Lindner Paulsen Stang

Pawlenty 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.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5948

Leppik requested a division of the Report from the Committee on Rules and Legislative Administration relating to Rule 1.01 of the Permanent Rules of the House for the 81st Session.

Leppik further requested that the second portion of the divided Report from the Committee on Rules and Legislative Administration relating to Rule 1.01 of the Permanent Rules of the House for the 81st Session be voted upon first.

The second portion of the Report from the Committee on Rules and Legislative Administration relating to Rule 1.01 of the Permanent Rules of the House for the 81st Session reads as follows:

"by the Chaplain that respects the religious diversity of the House, or time for a brief meditation, then by the pledge of allegiance to the flag of the United States of America, and then by a call of the roll of members. The names of members present and members excused must be entered in the Journal of the House."

A roll call was requested and properly seconded.

The Speaker called Abrams to the Chair.

The question was taken on the second portion of the report and the roll was called. There were 71 yeas and 60 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holsten Mulder Rostberg Tunheim
Anderson, B. Erickson Howes Ness Seagren Van Dellen
Anderson, I. Finseth Kalis Nornes Seifert, J. Vandeveer
Boudreau Fuller Kielkucki Olson Seifert, M. Wenzel
Bradley Gerlach Knoblach Osskopp Smith Westerberg
Broecker Goodno Krinkie Otremba Stanek Westfall
Buesgens Gunther Kubly Ozment Stang Westrom
Cassell Haake Kuisle Paulsen Storm Wilkin
Clark, J. Haas Larsen, P. Pawlenty Swenson Wolf
Daggett Hackbarth Lindner Pelowski Sykora Workman
Davids Harder Mares Reuter Tingelstad Spk. Sviggum
Dehler Hasskamp Molnau Rifenberg Tuma

Those who voted in the negative were:

Abrams Entenza Huntley Lenczewski Mullery Rukavina
Biernat Erhardt Jaros Leppik Murphy Schumacher
Bishop Folliard Jennings Lieder Opatz Skoe
Carlson Gleason Johnson Luther Orfield Skoglund
Carruthers Gray Juhnke Mahoney Osthoff Solberg
Chaudhary Greenfield Kahn Mariani Paymar Swapinski
Clark, K. Greiling Kelliher Marko Peterson Tomassoni
Dawkins Hausman Koskinen McCollum Pugh Trimble
Dorman Hilty Larson, D. McGuire Rest Wagenius
Dorn Holberg Leighton Milbert Rhodes Winter

The motion prevailed and the second portion of the report was adopted.


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5949

The first portion of the Report from the Committee on Rules and Legislative Administration relating to Rule 1.01 of the Permanent Rules of the House for the 81st Session reads as follows:

"1.01 CONVENING OF THE HOUSE. Unless otherwise ordered, the House convenes at 2:30 p.m. The Speaker must take the chair at the appointed hour and call the House to order.

The call to order is followed by a nondenominational prayer"

A roll call was requested and properly seconded.

The question was taken on the first portion of the report and the roll was called. There were 79 yeas and 52 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Molnau Schumacher Vandeveer
Anderson, B. Dorn Holsten Mulder Seagren Wenzel
Anderson, I. Erickson Howes Ness Seifert, J. Westerberg
Bishop Finseth Juhnke Nornes Seifert, M. Westfall
Boudreau Folliard Kalis Olson Smith Westrom
Bradley Fuller Kielkucki Osskopp Stanek Wilkin
Broecker Gerlach Knoblach Otremba Stang Wolf
Buesgens Goodno Krinkie Ozment Storm Workman
Cassell Gunther Kubly Paulsen Swenson Spk. Sviggum
Clark, J. Haake Kuisle Pawlenty Sykora
Daggett Haas Larsen, P. Pelowski Tingelstad
Davids Hackbarth Lenczewski Reuter Tuma
Dehler Harder Lindner Rifenberg Tunheim
Dempsey Hasskamp Mares Rostberg Van Dellen

Those who voted in the negative were:

Abrams Gleason Johnson Mahoney Orfield Skoglund
Biernat Gray Kahn Mariani Osthoff Solberg
Carlson Greenfield Kelliher Marko Paymar Swapinski
Carruthers Greiling Koskinen McCollum Peterson Tomassoni
Chaudhary Hausman Larson, D. McGuire Pugh Trimble
Clark, K. Hilty Leighton Milbert Rest Wagenius
Dawkins Huntley Leppik Mullery Rhodes Winter
Entenza Jaros Lieder Murphy Rukavina
Erhardt Jennings Luther Opatz Skoe

The motion prevailed and the first portion of the report was adopted.

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

Pawlenty, for the Committee on Rules and Legislative Administration, offered the following report and moved its adoption:


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5950

Resolved, that the Permanent Rules of the House of Representatives for the 81st Session shall be amended to read as follows:

Rule 1.12 be amended to read as follows:

"1.12 AUTHORS OF BILLS AND RESOLUTIONS. A bill, memorial, or resolution must not have more than 35 authors. After a bill or resolution is introduced and given its first reading: (a) a member may be removed as an author, by motion of the member; and (b) a member wishing to be an author may be added as an author, by motion of the author of the bill or resolution. A motion under clause (b) must be made within seven calendar days after the day of first reading or on the second day that the House meets in session after the day of first reading, whichever is later."

Rule 4.03 be amended to read as follows:

"4.03 WAYS AND MEANS COMMITTEE; BUDGET RESOLUTION; EFFECT ON EXPENDITURE AND REVENUE BILLS. The Committee on Ways and Means must hold hearings as necessary to determine state expenditures and revenues for the next fiscal biennium.

Within 15 days after the last state general fund revenue and expenditure forecast for the next fiscal biennium becomes available during the regular session in the odd-numbered year, the Committee on Ways and Means must adopt and report a budget resolution, in the form of a House resolution. The budget resolution must set: (a) the maximum limit on expenditures and revenues for the next fiscal biennium for the general fund; and (b) an amount or amounts to be set aside as a budget reserve and a cash flow account. The House budget resolution must not specify, limit, or prescribe revenues or expenditures by any category other than those specified in clauses (a) and (b). After the House adopts the budget resolution, the limits in the resolution are effective for the fiscal biennium to which they apply during the regular session in the year in which the resolution is adopted, unless the House, acting upon a subsequent report of the Committee on Ways and Means, adopts a different limit or limits for the same fiscal biennium. During the regular session in the even-numbered year, before the Committee on Ways and Means reports a bill containing net expenditures in excess of the general fund expenditures in the current fiscal biennium estimated by the most recent state budget forecast, the Committee must adopt a budget resolution that accounts for the net expenditures. After the Committee adopts the budget resolution, it is effective during the regular session that year, unless the Committee adopts a different or amended resolution.

Within 14 days after the House or the Committee on Ways and Means adopts a budget resolution, the Committee on Ways and Means must adopt, by resolution, limits for each major finance and revenue bill identified in this Rule. After the Committee adopts the resolution, the limits in the resolution are effective for the fiscal biennium to which they apply during the regular session in the year in which the resolution is adopted, unless the Committee subsequently adopts different or amended limits for the same fiscal biennium. If the Committee on Ways and Means or the House combines two or more major finance bills into one bill, the limits in the Committee resolution pertaining to those bills are also combined, and the sum of the combined limits applies to the combined bill.

Major finance and revenue bills are:

the agriculture and rural development finance bill;

the higher education finance bill;

the K-12 education finance bill;

the family and early childhood education finance bill;

the environment and natural resources finance bill;


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5951

the health and human services finance bill;

the state government finance bill;

the jobs and economic development finance bill;

the transportation finance bill;

the judiciary finance bill;

the omnibus capital investment bill; and

the omnibus tax bill.

After the adoption of a resolution by the House or by the Committee on Ways and Means, each finance committee, the Committee on Capital Investment, and the Committee on Taxes must reconcile each finance and revenue bill described in Rule 4.10 and Rule 4.11 with the resolution or resolutions. When reporting a bill, the committee must provide to the Committee on Ways and Means a fiscal statement on the bill and a written statement certifying that the committee has reconciled the fiscal effect of the bill with the resolution or resolutions and that the bill, as reported by the committee, together with other bills reported and expected to be reported by the committee, does not and will not exceed the limits specified in either resolution.

After the adoption of a resolution by the House or the Committee on Ways and Means, the Committee on Ways and Means must reconcile finance and revenue bills with the resolution or resolutions. When reporting a bill, the chair of the Committee must certify to the House that the Committee has reconciled the bill with the resolution or resolutions and that the bill, as reported by the Committee, together with other bills reported and expected to be reported by the Committee, does not and will not exceed the limits specified in either resolution.

After the adoption of a resolution by the House or the Committee on Ways and Means, an amendment to a bill is out of order if it would cause any of the limits specified in either resolution to be exceeded. Whether an amendment is out of order under this Rule is a question to be decided on the Floor by the Speaker or other presiding officer and in committee by the person chairing the committee meeting. In making the determination, the Speaker or other presiding officer or the committee chair may consider: (1) the limits in a resolution; (2) the effect of existing laws on revenues and expenditures; (3) the effect of amendments previously adopted to the bill under consideration; (4) the effect of bills previously recommended by a committee or bills previously passed in the legislative session by the House or by the legislature; (5) whether expenditure increases or revenue decreases that would result from the amendment are offset by decreases in other expenditures or increases in other revenue specified by the amendment; and (6) other information reasonably related to expenditure and revenue amounts.

To assist the House and committees in making the determinations required by this Rule, After a resolution is adopted by the House or the Committee on Ways and Means, the Committee must cause to be published a summary of the estimated fiscal effect on the general fund of each bill that has been referred to the Committee on Ways and Means by a finance committee, the Capital Investment Committee, or the Committee on Taxes and of each bill that has been reported by the Committee on Ways and Means."

Rule 4.10 be amended to read as follows:

"4.10 FINANCE BILLS. A House or Senate bill that directly and specifically affects any present or future financial obligation on the part of the State must be referred to the appropriate finance committee before it receives its second reading, except as provided in Rule 1.15. When reporting a finance bill, a standing committee (other than a finance committee, the Committee on Taxes, and the Committee on Ways and Means) must recommend re-referral of the bill to a finance committee.


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A finance bill reported by a finance committee must be re-referred to the Committee on Ways and Means.

Except for the major revenue or finance bills referred to in Rule 4.03, a bill that carries an appropriation must have an appropriation section.

This rule does not apply to a bill recommended for passage reported by the Committee on Capital Investment under Rule 4.12."

Rule 4.12 be amended to read as follows:

"4.12 BILLS AFFECTING DEBT. The Committee on Capital Investment has jurisdiction over debt obligations issued by the State. A bill that authorizes the issuance of debt of the State must be referred or re-referred to the Committee on Capital Investment.

The Speaker, by announcement, must assign to each finance committee the appropriate jurisdiction for recommendations on state public debt. The finance committee must submit recommendations within its jurisdiction to the committee on Capital Investment for further disposition. The Committee on Capital Investment must enter in the committee record the recommendations of each finance committee that submits recommendations.

A bill recommended for passage with a fiscal effect reported by the Committee on Capital Investment must be accompanied by a statement of its fiscal effect and must be referred to the Committee on Ways and Means."

A roll call was requested and properly seconded.

Olson moved to amend the Report from the Committee on Rules and Legislative Administration as follows:

Page 2, line 6, strike "a" and insert "the following"

Page 2, line 7, strike "resolution" in both places and insert "resolutions" and strike "a" and after "The" insert "first"

Page 2, line 8, strike "and"

Page 2, line 9, strike "revenues"

Page 2, line 9, after the semicolon, insert "(b) the maximum limit on general fund tax revenues and tax expenditures to be authorized in the omnibus tax bill;"

Page 2, line 10, strike "(b)" and insert "(c)"

Page 2, line 11, strike "House budget"

Page 2, line 13, strike "and" and insert a comma and before the period, insert ", and (c)"

Page 2, line 13, after the period, insert "The second budget resolution, reported and considered on a different day, must set the maximum limit on general fund expenditures to be authorized in each of the other major finance bills identified in this rule."

Page 2, line 14, strike the second "the" and insert "a"

Page 2, line 29, before "Within" insert "In the even-numbered year," and strike "the House" and delete "or"

A roll call was requested and properly seconded.


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Olson moved that his amendment to the Report from the Committee on Rules and Legislative Administration be referred to the Committee on Rules and Legislative Administration. The motion prevailed and the Olson amendment was referred to the Committee on Rules and Legislative Administration.

Pugh moved to amend the Report from the Committee on Rules and Legislative Administration as follows:

Page 5, after line 31, insert:

Rule 6.40 be amended to read as follows:

"6.40 REPORTS OF CONFERENCE COMMITTEES. A conference committee may report at any time and may meet during a daily session of the House without leave.

A conference committee report must include only subject matter contained in the House or Senate versions of the bill for which that conference committee was appointed, or like subject matter contained in a bill passed by the House or Senate. The provisions of this rule take precedence over a joint rule if an inconsistency exists between House and joint rules regarding the content of conference committee reports. The member presenting the conference committee report to the House must disclose all substantive changes from the House version of the bill."

A roll call was requested and properly seconded.

Pawlenty moved that the Pugh amendment to the Report from the Committee on Rules and Legislative Administration be referred to the Committee on Rules and Legislative Administration.

A roll call was requested and properly seconded.

The question was taken on the Pawlenty motion and the roll was called. There were 69 yeas and 62 nays as follows:

Those who voted in the affirmative were:

Abeler Dehler Hackbarth Mares Rostberg Van Dellen
Abrams Dempsey Harder Molnau Seagren Vandeveer
Anderson, B. Dorman Holberg Mulder Seifert, J. Westerberg
Bishop Erhardt Holsten Ness Seifert, M. Westfall
Boudreau Erickson Howes Nornes Smith Westrom
Bradley Finseth Kielkucki Osskopp Stanek Wilkin
Broecker Fuller Knoblach Ozment Stang Wolf
Buesgens Gerlach Krinkie Paulsen Storm Workman
Cassell Goodno Kuisle Pawlenty Swenson Spk. Sviggum
Clark, J. Gunther Larsen, P. Reuter Sykora
Daggett Haake Leppik Rhodes Tingelstad
Davids Haas Lindner Rifenberg Tuma

Those who voted in the negative were:

Anderson, I. Gray Kahn Mariani Otremba Swapinski
Biernat Greenfield Kalis Marko Paymar Tomassoni

Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5954
Carlson Greiling Kelliher McCollum Pelowski Trimble
Carruthers Hasskamp Koskinen McGuire Peterson Tunheim
Chaudhary Hausman Kubly Milbert Pugh Wagenius
Clark, K. Hilty Larson, D. Mullery Rest Wenzel
Dawkins Huntley Leighton Murphy Rukavina Winter
Dorn Jaros Lenczewski Olson Schumacher
Entenza Jennings Lieder Opatz Skoe
Folliard Johnson Luther Orfield Skoglund
Gleason Juhnke Mahoney Osthoff Solberg

The motion prevailed and the Pugh amendment was referred to the Committee on Rules and Legislative Administration.

Leighton moved to amend the Report from the Committee on Rules and Legislative Administration as follows:

Page 5, after line 31, insert:

Rule 6.24 be amended to read as follows:

"6.24 COMMITTEE RECORDS. The chair of a standing committee must cause a committee record to be kept, in the form prescribed by the Committee on Rules and Legislative Administration. The record must include the record of committee proceedings on each bill referred to the committee and the minutes of the committee and any subcommittees.

The committee and subcommittee minutes must include:

a. the time and place of each hearing or meeting;

b. the names of committee or subcommittee members who are present;

c. the name and address of each person appearing before the committee or subcommittee, together with the name and address of the person, association, firm or corporation in whose behalf the appearance is made;

d. the language of each motion, the name of the member making the motion, the result of a vote on the motion, and, on a roll call vote, the names of those in favor and those opposed;

e. the date on which a subcommittee is established, the names of its members and the file number of bills referred to it and reported by it;

f. other important matters related to the work of the committee or subcommittee.

The minutes must be approved at the next regular meeting of the committee or subcommittee.

After approval by the committee or subcommittee, copies of the minutes must be filed with the Chief Clerk and be open to public inspection in the Chief Clerk's office.

At the end of the legislative biennium minutes and other records must be delivered to the Director of the Legislative Reference Library, who must keep them open for public inspection during regular office hours. A copy of a page of committee minutes may be obtained for a fee determined by the Library to cover the cost of preparing the copy.

The chair of the committee must keep the magnetic tape recording of a committee meeting until the minutes of the meeting are approved by the committee and then must file the recording with the Director of the Legislative Reference Library. A copy of a recording must be filed within 24 hours after a written request for it is made to the committee.


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A person may obtain a copy of a tape while it is kept in the Library by paying a fee determined by the Library to cover the cost of the copy. Testimony and discussion preserved under this Rule are not intended to be admissible in a court or administrative proceeding on an issue of legislative intent.

The Legislative Reference Library must keep committee records and tapes for eight years after the end of the legislative biennium during which the materials were created and then must deliver them to the Director of the Minnesota Historical Society."

The motion did not prevail and the amendment was not adopted.

Osthoff was excused for the remainder of today's session.

Knoblach, Olson, Mulder, Holsten, Rifenberg, Erickson, Lindner and Kielkucki moved to amend the Report from the Committee on Rules and Legislative Administration as follows:

Page 1, after line 21, insert:

Rule 1.21 be amended to read as follows:

"1.21 CALENDAR FOR THE DAY. The Calendar for the Day is a list of bills that are to be considered that day by the House. The House must consider each item on the Calendar for the Day in the order in which it is listed on the Calendar. After consideration by the House, unless otherwise disposed of, the bill must immediately be given its third reading and placed upon its passage.

A bill that has received its second reading may be placed on the Calendar for the Day by the Committee on Rules and Legislative Administration or by order of the House upon the motion of a member as provided in this Rule.

The Committee on Rules and Legislative Administration must designate the bills that are to be on the Calendar for the Day. During regular session, the Committee must designate the bills by 5:00 p.m. the day before the day that the bills are to be on the Calendar, except that the Committee may designate the bills at any time in an odd-numbered year after the first Monday following the third Saturday in April, and in an even-numbered year after a day specified by the Committee on Rules and Legislative Administration. After the Committee designates the bills, the Chief Clerk must publish the Calendar for the Day.

A bill that is on the General Register for more than ten legislative days may be placed on the Calendar for the Day by a three-fifths majority vote of the whole House, acting on the motion of a member. A bill placed on the Calendar for the Day in this manner must be considered first the next time that the House reaches the order of business "Calendar for the Day." A member must give notice to the Speaker three legislative days before making a motion to place a bill on the Calendar for the Day. The notice must specify the number and title of the bill. Only the member who gave notice to the Speaker, or another member designated in writing by the member who gave notice, may make the motion to place the bill on the Calendar for the Day. After the third legislative day following the day of notice, the motion must be made the first time that the House reaches the order of business "Motions and Resolutions." If the motion is not made at that time, the member who gave notice forfeits the right to make that motion.

A bill may be continued on the Calendar for the Day by a majority vote of the whole House. A third motion by the author of a bill to continue it on the Calendar for the Day is not in order; upon such a motion, the bill must be stricken from the Calendar and returned to the General Register in the order of its second reading. The Calendar for the Day expires when the House adjourns for the day, unless the House, by a majority vote of the whole House, continues items remaining on the Calendar to the next day. "

A roll call was requested and properly seconded.

The Speaker resumed the Chair.


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The question was taken on the Knoblach et al amendment and the roll was called.

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

There were 89 yeas and 41 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Holsten Marko Reuter Sykora
Abrams Dorn Howes Molnau Rhodes Tingelstad
Anderson, B. Entenza Huntley Ness Rifenberg Tuma
Anderson, I. Erhardt Jennings Nornes Rostberg Tunheim
Boudreau Erickson Kelliher Olson Seagren Van Dellen
Bradley Finseth Kielkucki Opatz Seifert, J. Vandeveer
Broecker Fuller Knoblach Orfield Seifert, M. Wenzel
Buesgens Gerlach Larsen, P. Osskopp Skoe Westerberg
Carlson Goodno Larson, D. Ozment Skoglund Westfall
Carruthers Gunther Leighton Paulsen Smith Westrom
Cassell Haake Lenczewski Pawlenty Solberg Wilkin
Chaudhary Haas Leppik Pelowski Stanek Winter
Daggett Hackbarth Lindner Peterson Stang Workman
Davids Hausman Luther Pugh Storm Spk. Sviggum
Dehler Holberg Mares Rest Swenson

Those who voted in the negative were:

Biernat Gleason Jaros Kubly Milbert Schumacher
Bishop Gray Johnson Kuisle Mulder Swapinski
Clark, J. Greenfield Juhnke Lieder Mullery Tomassoni
Clark, K. Greiling Kahn Mahoney Murphy Trimble
Dawkins Harder Kalis Mariani Otremba Wagenius
Dorman Hasskamp Koskinen McCollum Paymar Wolf
Folliard Hilty Krinkie McGuire Rukavina

The motion prevailed and the amendment was adopted.

Pugh moved to amend the Report from the Committee on Rules and Legislative Administration, as amended, as follows:

Page 2, lines 1 to 36, delete the new language and reinstate the old language

A roll call was requested and properly seconded.

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

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


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5957

There were 62 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Gray Kahn Mariani Paymar Swapinski
Biernat Greenfield Kalis Marko Pelowski Tomassoni
Carlson Greiling Kelliher McCollum Peterson Trimble
Carruthers Hasskamp Koskinen McGuire Pugh Tunheim
Chaudhary Hausman Kubly Milbert Rest Wagenius
Clark, K. Hilty Larson, D. Mullery Reuter Wenzel
Dawkins Huntley Leighton Murphy Rukavina Winter
Dorn Jaros Lenczewski Olson Schumacher
Entenza Jennings Lieder Opatz Skoe
Folliard Johnson Luther Orfield Skoglund
Gleason Juhnke Mahoney Otremba Solberg

Those who voted in the negative were:

Abeler Dehler Hackbarth Mares Seagren Vandeveer
Abrams Dempsey Harder Molnau Seifert, J. Westerberg
Anderson, B. Dorman Holberg Mulder Seifert, M. Westfall
Bishop Erhardt Holsten Ness Smith Westrom
Boudreau Erickson Howes Nornes Stanek Wilkin
Bradley Finseth Kielkucki Osskopp Stang Wolf
Broecker Fuller Knoblach Ozment Storm Workman
Buesgens Gerlach Krinkie Paulsen Swenson Spk. Sviggum
Cassell Goodno Kuisle Pawlenty Sykora
Clark, J. Gunther Larsen, P. Rhodes Tingelstad
Daggett Haake Leppik Rifenberg Tuma
Davids Haas Lindner Rostberg Van Dellen

The motion did not prevail and the amendment was not adopted.

The question recurred on the Pawlenty motion that the Report from the Committee on Rules and Legislative Administration, as amended, be now adopted and the roll was called.

There were 68 yeas and 62 nays as follows:

Those who voted in the affirmative were:

Abeler Dehler Harder Molnau Seagren Vandeveer
Abrams Dempsey Holberg Mulder Seifert, J. Westerberg
Anderson, B. Dorman Holsten Ness Seifert, M. Westfall
Bishop Erickson Howes Nornes Smith Westrom
Boudreau Finseth Kielkucki Osskopp Stanek Wilkin
Bradley Fuller Knoblach Ozment Stang Wolf
Broecker Gerlach Krinkie Paulsen Storm Workman
Buesgens Goodno Kuisle Pawlenty Swenson Spk. Sviggum
Cassell Gunther Larsen, P. Reuter Sykora
Clark, J. Haake Leppik Rhodes Tingelstad
Daggett Haas Lindner Rifenberg Tuma
Davids Hackbarth Mares Rostberg Van Dellen


Journal of the House - 76th Day - Wednesday, February 23, 2000 - Top of Page 5958

Those who voted in the negative were:

Anderson, I. Gleason Juhnke Mahoney Otremba Swapinski
Biernat Gray Kahn Mariani Paymar Tomassoni
Carlson Greenfield Kalis Marko Pelowski Trimble
Carruthers Greiling Kelliher McCollum Peterson Tunheim
Chaudhary Hasskamp Koskinen McGuire Pugh Wagenius
Clark, K. Hausman Kubly Milbert Rest Wenzel
Dawkins Hilty Larson, D. Mullery Rukavina Winter
Dorn Huntley Leighton Murphy Schumacher
Entenza Jaros Lenczewski Olson Skoe
Erhardt Jennings Lieder Opatz Skoglund
Folliard Johnson Luther Orfield Solberg

The motion prevailed and the Report from the Committee on Rules and Legislative Administration, as amended, was adopted.

So the Permanent Rules of the House for the 2000 Session, as amended by the Report from the Committee on Rules and Legislative Administration, read as follows:

PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES

ARTICLE 1 - DAILY BUSINESS

1.01 CONVENING OF THE HOUSE. Unless otherwise ordered, the House convenes at 2:30 p.m. The Speaker must take the chair at the appointed hour and call the House to order.

The call to order is followed by a prayer by the Chaplain or time for a brief meditation, then by the pledge of allegiance to the flag of the United States of America, and then by a call of the roll of members. The names of members present and members excused must be entered in the Journal of the House.

1.02 READING OF THE JOURNAL. If a quorum is present, the Chief Clerk must read the Journal of the preceding day, unless otherwise ordered. The House may correct errors in the Journal of the preceding day.

1.03 ORDER OF BUSINESS. After the Journal is read, the order of business of the day is:

(1) Presentation of petitions or other communications

(2) Reports of standing committees

(3) Second reading of House bills

(4) Second reading of Senate bills

(5) Reports of select committees

(6) Introduction and first reading of House bills

(7) Consideration of messages from the Senate

(8) First reading of Senate bills


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(9) Consent Calendar

(10) Calendar for the day

(11) Motions and resolutions

Conference committees on House bills and the Committee on Rules and Legislative Administration may report at any time.

1.04 REPORTING OF BILLS. A bill must be reported to the House on three different days before its passage. The first report, called the first reading, occurs when it is introduced; the second report, called the second reading, occurs when it has been reported by the appropriate standing committees for consideration by the House; the third report, called the third reading, occurs when it is ready for the vote on passage.

1.10 INTRODUCTION OF BILLS AND RESOLUTIONS. A bill or resolution must be submitted to the Speaker at least 24 hours before the convening of the daily session at which it is to be introduced.

A bill or resolution must be introduced in quadruplicate and each copy must bear the signature of the member or the name of the committee introducing it.

In regular session, a bill prepared by a department or agency of state government must be introduced and given its first reading at least ten days before the date of the first committee deadline.

1.11 FIRST READING AND REFERENCE OF BILLS. A bill or resolution must be reported and given its first reading when it is introduced. A bill or resolution must not be objected to when it is introduced.

After its first reading, the Speaker must refer a bill or resolution to the appropriate standing committee or division, except as provided in Rule 1.15 and Rule 1.13.

Congratulatory resolutions are exempt from this Rule and may be adopted by the Committee on Rules and Legislative Administration without further consideration by the House.

Except as otherwise provided in these Rules, after the Speaker refers a bill or resolution, a majority vote of the whole House is required for the House to re-refer the bill or resolution.

1.12 AUTHORS OF BILLS AND RESOLUTIONS. A bill, memorial, or resolution must not have more than 35 authors. After a bill or resolution is introduced and given its first reading: (a) a member may be removed as an author, by motion of the member; and (b) a member wishing to be an author may be added as an author, by motion of the author of the bill or resolution.

1.13 INTRODUCTION OF COMMITTEE BILLS. A standing or special committee of the House may introduce a bill as a committee bill on any subject within its purview. When a committee bill is introduced and read for the first time, the Speaker may refer it to a standing committee. If the Speaker does not refer it, the bill must be laid over one day. Then it must be read for the second time and placed on the General Register or, if recommended by the Committee, on the Consent Calendar.

1.14 RECESS BILL INTRODUCTIONS. During the period between the last day of the regular session in an odd-numbered year and the first day of the regular session in the next year, a bill filed with the Speaker for introduction must be given a file number and may be unofficially referred by the Speaker to an appropriate standing committee.


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1.15 DISPOSITION OF SENATE FILES. A Senate File received by the House that is accompanied by a message announcing its passage by the Senate must be referred to the appropriate standing committee under Rule 1.11. But if a Senate File is received that a member requests be compared to a House File already reported by a standing committee of the House and placed on the General Register or on the Calendar for the Day or the Consent Calendar, the Senate File must be referred to the Chief Clerk for comparison. If the Chief Clerk reports that the Senate File is identical to the House File, the Senate File may, by majority vote, be substituted for the House File and take its place. The fact that the bills are identical must be entered in the Journal and the House File is then considered withdrawn.

A Senate File that is amended on the floor of the House, except at the time of final passage, and a Senate File that has been reported to the House with amendments by a House standing committee, must be unofficially engrossed and reprinted by the Chief Clerk. An amendment may be offered to an unofficial engrossment of a Senate File.

1.20 GENERAL REGISTER. The General Register consists of all bills that have received a second reading, except those placed on the Consent Calendar under Rule 1.23. Bills must be placed on the General Register in the order that they receive their second reading. A bill must be on the General Register, be given to each member, and be available to the public before it may be considered by the House on the Calendar for the Day or the Fiscal Calendar. Each day that the House meets in session, the Chief Clerk must publish a list of the bills on the General Register.

1.21 CALENDAR FOR THE DAY. The Calendar for the Day is a list of bills that are to be considered that day by the House. The House must consider each item on the Calendar for the Day in the order in which it is listed on the Calendar. After consideration by the House, unless otherwise disposed of, the bill must immediately be given its third reading and placed upon its passage.

A bill that has received its second reading may be placed on the Calendar for the Day by the Committee on Rules and Legislative Administration or by order of the House upon the motion of a member as provided in this Rule.

The Committee on Rules and Legislative Administration must designate the bills that are to be on the Calendar for the Day. During regular session, the Committee must designate the bills by 5:00 p.m. the day before the day that the bills are to be on the Calendar, except that the Committee may designate the bills at any time in an odd-numbered year after the first Monday following the third Saturday in April, and in an even-numbered year after a day specified by the Committee on Rules and Legislative Administration. After the Committee designates the bills, the Chief Clerk must publish the Calendar for the Day.

A bill that is on the General Register for more than ten legislative days may be placed on the Calendar for the Day by a majority vote of the whole House, acting on the motion of a member. A bill placed on the Calendar for the Day in this manner must be considered first the next time that the House reaches the order of business "Calendar for the Day." A member must give notice to the Speaker three legislative days before making a motion to place a bill on the Calendar for the Day. The notice must specify the number and title of the bill. Only the member who gave notice to the Speaker, or another member designated in writing by the member who gave notice, may make the motion to place the bill on the Calendar for the Day. After the third legislative day following the day of notice, the motion must be made the first time that the House reaches the order of business "Motions and Resolutions." If the motion is not made at that time, the member who gave notice forfeits the right to make that motion.

A bill may be continued on the Calendar for the Day by a majority vote of the whole House. A third motion by the author of a bill to continue it on the Calendar for the Day is not in order; upon such a motion, the bill must be stricken from the Calendar and returned to the General Register in the order of its second reading. The Calendar for the Day expires when the House adjourns for the day, unless the House, by a majority vote of the whole House, continues items remaining on the Calendar to the next day.

1.22 FISCAL CALENDAR. A finance bill that has had its second reading must be considered by the House when requested by the Chair of the Committee on Ways and Means or by a designee of the Chair. A bill relating to taxes or raising revenue that has had its second reading must be considered by the House when requested by the Chair of the Committee on Taxes or a designee of the Chair.


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During regular session, a chair must announce the intention to make the request by 5:00 p.m. the legislative day before the day that the request for consideration is to be made, except in an odd-numbered year after the first Monday following the third Saturday in April, and in an even-numbered year after a day specified by the Committee on Rules and Legislative Administration. During periods when the 5:00 p.m. requirement does not apply, the chair must announce the intention at least two hours before making the request.

After consideration by the House on the Fiscal Calendar, unless otherwise disposed of, the bill must immediately be given its third reading and placed upon its passage.

1.23 CONSENT CALENDAR. If a committee determines that a bill it recommends to pass is not controversial, the committee may in its report recommend that the bill be placed on the Consent Calendar. After the report is adopted and the bill has received its second reading, the bill must be placed on the Consent Calendar and given to each member at least one day before it may be considered by the House. Bills must be placed on the Consent Calendar in the order that they receive their second reading.

After consideration by the House, a bill on the Consent Calendar must immediately be given its third reading and placed upon its passage. But if, before its third reading, ten members object to the bill as being controversial, the bill must be stricken from the Consent Calendar and be placed on the General Register in the order of second reading.

1.30 THIRD READING OF BILLS. An amendment must not be received after the third reading of a bill without unanimous consent, except to fill blanks or to amend the title.

At any time before it is passed, a bill or resolution may be referred or re-referred by a majority vote of the whole House. If the committee to which it is referred or re-referred reports an amendment to it, the bill or resolution must again be given its second reading and placed on the General Register.

1.40 PUBLICATION OF BILLS FOR THE HOUSE. After a bill receives its second reading, the bill must be prepared and published for consideration by the House. A majority of the House may order the publication of a bill at any time.

ARTICLE 2 - FLOOR PROCEEDINGS, VOTING, DECORUM

2.01 ABSENCE OF MEMBERS AND OFFICERS. Unless illness or other sufficient cause prevents attendance, a member or officer of the House must not be absent from a session of the House without the prior permission of the Speaker.

2.02 CALL OF THE HOUSE. Ten members may demand a call of the House at any time until voting begins.

When a call is demanded, the doors of the chamber must be closed, the roll called, and the absent members sent for; and no member is allowed to leave the chamber until the roll call is suspended or completed. During the roll call, no motion is in order except a motion pertaining to matters incidental to the call.

Proceedings under the roll call may be suspended by a majority vote of the whole House. After the roll call is suspended or completed the Sergeant at Arms must not permit a member to leave the Chamber unless the member is excused by the Speaker.

A call of the House may be lifted by a majority vote of the whole House.

2.03 ROLL CALL VOTE. A roll call vote is required to pass a bill or to adopt a resolution or motion directing the payment of money. In all other cases a roll call vote may be ordered only if 15 members demand it.


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2.04 EXPLAINING OR CHANGING VOTE. A member must not explain a vote or discuss the question during a roll call vote. A member must not change a vote or move for the record an intention to have voted or voted differently after the result of the roll call vote is announced from the chair by the Speaker.

2.05 EVERY UNEXCUSED MEMBER TO VOTE. A member who has an immediate interest in a question must not vote on it.

Every other member present before the result of a vote is declared by the presiding officer must vote for or against the matter before the House, unless the House excuses the member from voting. But a member is not required to vote on any matter concerning a memorial resolution.

A member who does not vote when the member's name is called must state reasons for not voting. After the vote has been taken but before the presiding officer has announced the result of the vote, the presiding officer must submit to the House the question: "Shall the member, for the reasons stated, be excused from voting?" The question must be decided without debate. After the question is decided, the presiding officer must announce the result of the vote, after which other proceedings about the nonvoting member may take place.

2.10 ELECTRONIC VOTING SYSTEM. An electronic voting system under the control of the Speaker may be used to take any vote except a vote on an election. A member must not vote on a question except at the member's own seat in the chamber.

2.15 RECORDED FLOOR PROCEEDINGS. Proceedings on the floor of the House must be recorded on magnetic tape or similar recording medium under the direction of the Chief Clerk. The Chief Clerk must deliver the tapes to the Director of the Legislative Reference Library. The Legislative Reference Library must keep the tapes on file for public use under its rules for eight years after the end of the legislative biennium during which the tapes were created and then must deliver them to the Director of the Minnesota Historical Society.

A person may obtain a copy of a tape during the biennium in which it is recorded by paying a fee determined by the Chief Clerk to cover the cost of preparing the copy.

Discussion preserved under this rule is not intended to be admissible in a court or administrative proceeding on an issue of legislative intent.

2.20 DUTIES OF MEMBERS. Members must keep their seats until the Speaker announces adjournment.

A member, before speaking, must rise and respectfully address the Speaker and must not speak further until recognized by the Speaker. If more than one member rises at the same time, the Speaker must select the member to speak first.

2.21 NOTICE OF INTENT TO DEBATE A RESOLUTION. A member may give notice of intent to debate a resolution, except a memorial resolution introduced as a house file or a senate file under Rule 4.02 or a resolution offered by the Committee on Rules and Legislative Administration or the Committee on Ethics.

The notice may be given at any time before the vote is taken on the resolution. If the notice is given, the resolution must be laid over one day without debate or any other action.

2.30 QUESTIONS OF ORDER. If a member violates the Rules in any way, the Speaker must, or another member may, call the member to order. The member called to order must immediately sit down unless another member moves to permit the member who was called to order to explain. In either case, the House, if appealed to, must decide the question without debate. Only if the decision is in favor of the member called to order may that member proceed. The House may censure or punish a member called to order.


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2.31 OFFENSIVE WORDS IN DEBATE. If a member is called to order for offensive words in debate, the member calling for order must report the words to which exception is taken and the Clerk must record them. A member must not be held to answer, or be subject to censure of the House, for language used in debate unless exception is taken before another member speaks or other business takes place.

2.32 ORDER IN DEBATE. Except for the member who offered the motion, amendment, or proposition under consideration, a member must not speak more than twice on the subject, without leave of the House, nor more than once until every other member wishing to speak on the subject has had an opportunity to do so.

2.33 ORDER DURING SESSION. A member must not walk out of or across the Chamber while the Speaker is putting the question. A member must not engage in private conversation while another member is speaking or pass between a speaking member and the Chair.

2.34 PERSONS BY THE CHIEF CLERK'S DESK DURING VOTE. No person may remain by the Chief Clerk's desk during a roll call vote.

2.40 ADMITTANCE TO FLOOR. No person other than a member may be admitted to the House Chamber, except: properly authorized employees; the Chief Executive and ex-governors of the State of Minnesota; members of the Senate; heads of departments of the state government; judges of the Supreme Court, Court of Appeals, and District Courts; members of Congress; and properly accredited representatives of radio and television stations, newspapers and press associations, as provided for in these Rules.

Any other person may be issued a permit by the Speaker good for the day, but that person must be seated near the Speaker's rostrum, and must not engage in conversation that disturbs the business of the House. Before issuing a permit, the Speaker must make certain that the person does not seek the floor of the House to influence decisions of the House.

The alcoves in the Chambers are for the use of members only, and the Sergeant at Arms must keep them clear of others.

From one hour before the time the House is scheduled to convene until one hour after the House adjourns for the day, the retiring room is reserved for the exclusive use of the members and employees of the House. As long as the Senate prohibits entry of House members into its retiring room, no Senators may enter the House retiring room during the time it is reserved for exclusive use of members and employees. A committee meeting must not be held there except emergency meetings authorized by the Speaker. The Sergeant at Arms must strictly enforce this provision.

Unless an extraordinary condition exists the Speaker must not entertain a request to suspend this Rule or present the request of a member for unanimous consent to suspend this Rule.

2.41 MEDIA NEWS REPORTERS. Accredited representatives of the press, press associations, and radio and television stations must be given equal press privileges by the House. A person wishing to report proceedings of the House may apply to the Committee on Rules and Legislative Administration for a media pass and assignment to suitable available space.

Television stations must be permitted to televise sessions of the House. Media representatives must be allowed access to both wells in the gallery of the House chambers.

ARTICLE 3 - MOTIONS, AMENDMENTS, AND OTHER PROPOSITIONS

3.01 AMENDMENTS AND OTHER MOTIONS. An amendment or other motion must not be debated until after it is stated by the Speaker.


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After an amendment or other motion is stated by the Speaker it is in possession of the House, but the mover may withdraw it at any time before it is amended or decided. Unless a motion, resolution, or amendment is withdrawn on the day it is made, it must be entered in the Journal, with the name of the member offering it.

Except as otherwise permitted by the Speaker, an amendment or other motion must be in writing, and five copies of it must be given to the Chief Clerk.

3.02 ORDER OF PUTTING QUESTION; FILLING BLANKS. Except for a privileged question, questions before the House or a committee must be put in the order they are moved. In filling a blank, a motion for the largest sum or the longest time must be put first.

3.03 DIVISION OF A QUESTION. A member may request the division of a question that contains more than one separate and distinct point. A motion to strike and insert is not divisible. The failure of a motion to strike does not preclude another motion to amend or to strike and insert.

3.10 PRECEDENCE OF MOTIONS. While a question is under consideration, only the following motions may be received:

(1) To fix the time of adjournment

(2) To adjourn

(3) To lay on the table

(4) For the previous question

(5) To refer

(6) To postpone to a day certain

(7) To amend

(8) To postpone indefinitely

(9) To pass

The first four motions must be decided without debate.

The motions have precedence in the order listed, except that if the motion for the previous question has been properly made, and if necessary seconded, and the main question ordered, the motion to lay on the table is not in order.

3.11 MOTION TO ADJOURN. A motion to adjourn is always in order except during a roll call.

After a motion to adjourn is made, before putting the question, the Speaker may permit any member to state reasons why adjournment might be improper at that time. A statement is not debatable and must be limited to two minutes.

3.12 MOTION TO LAY ON THE TABLE. A motion to lay on the table is not in order on a motion to amend, except that a motion to amend the Rules may be tabled.

3.13 THE PREVIOUS QUESTION. The previous question may be moved under the following circumstances: (a) on a major finance or revenue bill specified in Rule 4.03, after the House has considered the bill for at least two hours after third reading or for at least two hours after the failure of an earlier motion for the previous question on


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the bill; (b) on any other bill or resolution, after the House has considered the bill or resolution for at least one hour after third reading or for at least one hour after the failure of an earlier motion for the previous question on the bill or resolution; and (c) on an amendment, motion, or other question pertaining to a bill or resolution, after the House has considered the amendment, motion, or question for at least 20 minutes or for at least 20 minutes after the failure of a motion for the previous question on the same matter.

The previous question may be moved by a member who is seconded by 15 members.

If the motion for the previous question is ordered by a majority of members present, its effect is to put an end to all debate and bring the House to direct vote upon the question.

Before the presiding officer submits a motion for the previous question to the House, a call of the House is in order. After a majority has ordered the previous question, a call of the House is not in order before the decision on the main question.

When the previous question is decided in the negative, the main question remains under debate until it is disposed of by a vote on the question, by a subsequent motion calling for the previous question under this rule, or in some other manner.

All incidental questions of order arising after a motion is made for the previous question and before the vote on the main question must be decided without debate.

3.14 MOTION TO RECONSIDER. After a question is decided either in the affirmative or negative, a member who voted with the prevailing side may move to reconsider it. The motion must be made on the same day the vote was taken or on either of the next two days that the House meets in session and has possession of the matter. The motion may be made at any time in the Order of Business. It takes precedence over any other question except a motion to adjourn and a notice of intent to move to reconsider. The motion to reconsider, or notice of intent to make it, must not be made if the document, bill, resolution, message, report or other subject of official action on which the vote was taken has left the possession of the House.

When a member gives notice of intent to move to reconsider the final action of the House on a bill, resolution, message, report or other subject of official action, the Chief Clerk must keep it until the matter is disposed of or the time has expired for the motion. In regular session, notice of intent to move to reconsider must not be made in an odd-numbered year after the fifth Monday preceding the last Monday that the House may meet in regular session and in an even-numbered year after a date specified by the Committee on Rules and Legislative Administration.

On the last day allowed for the motion to reconsider, a member who voted on the prevailing side may make the motion, unless the matter has been already disposed of.

If a motion to reconsider fails, it must not be renewed.

3.15 MOTION TO RESCIND. A motion to rescind is not in order at any time in any proceeding in the House or in any committee of the House.

3.20 AMENDMENTS TO AMENDMENTS. An amendment may be amended, but an amendment to an amendment must not be amended.

3.21 MOTIONS AND PROPOSITIONS MUST BE GERMANE. A motion or proposition on a subject different from that under consideration must not be admitted under guise of its being an amendment. A motion, amendment, or other proposition offered to the House is out of order if it is not germane to the matter under consideration. Whether a proposition is germane to the matter under consideration is a question to be decided by the presiding officer, who may put the question to the House.


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3.22 AMENDMENT TO INCREASE AN APPROPRIATION OR TAX. The concurrence of a majority of the whole House, determined by a roll call vote, is required to adopt an amendment increasing an appropriation or a tax.

3.30 EXPENDITURE OF HOUSE FUNDS. The concurrence of a majority of the whole House, determined by a roll call vote, is required for favorable action on a resolution or motion involving the expenditure of money appropriated by the Legislature to the House. The resolution or motion must be referred to the Committee on Rules and Legislative Administration before being acted on by the House.

ARTICLE 4 - BILLS AND RESOLUTIONS

4.01 BILL AND RESOLUTION FORM. A bill or resolution must not be introduced until it has been examined and approved by the Revisor of Statutes as to form and compliance with these Rules and the Joint Rules of the House and Senate. The Revisor's approval must be endorsed on the bill or resolution.

A bill that is divided into articles may include or be accompanied by a table of contents.

4.02 RESOLUTIONS. A statement of facts being forwarded for action to a governmental official, agency, or body or other similar proposal is a memorial and must be introduced in the same form and take the same course as a bill.

A resolution must not authorize expenditure from any source other than the money appropriated by the Legislature to the House.

4.03 WAYS AND MEANS COMMITTEE; BUDGET RESOLUTION; EFFECT ON EXPENDITURE AND REVENUE BILLS. The Committee on Ways and Means must hold hearings as necessary to determine state expenditures and revenues for the fiscal biennium.

Within 15 days after the last state general fund revenue and expenditure forecast for the next fiscal biennium becomes available during the regular session in the odd-numbered year, the Committee on Ways and Means must adopt and report a budget resolution, in the form of a House resolution. The budget resolution must set: (a) the maximum limit on expenditures and revenues for the next fiscal biennium for the general fund; and (b) an amount or amounts to be set aside as a budget reserve and a cash flow account. The House budget resolution must not specify, limit, or prescribe revenues or expenditures by any category other than those specified in clauses (a) and (b). After the House adopts the budget resolution, the limits in the resolution are effective during the regular session in the year in which the resolution is adopted, unless the House, acting upon a subsequent report of the Committee on Ways and Means, adopts a different limit or limits for the same fiscal biennium. During the regular session in the even-numbered year, before the Committee on Ways and Means reports a bill containing net expenditures in excess of the general fund expenditures in the current fiscal biennium estimated by the most recent state budget forecast, the Committee must adopt a budget resolution that accounts for the net expenditures. After the Committee adopts the budget resolution, it is effective during the regular session that year, unless the Committee adopts a different or amended resolution.

Within 14 days after the House or the Committee on Ways and Means adopts a budget resolution, the Committee must adopt, by resolution, limits for each major finance and revenue bill identified in this Rule. After the Committee adopts the resolution, the limits in the resolution are effective during the regular session in the year in which the resolution is adopted, unless the Committee subsequently adopts different or amended limits for the same fiscal biennium. If the Committee on Ways and Means or the House combines two or more major finance bills into one bill, the limits in the Committee resolution pertaining to those bills are also combined, and the sum of the combined limits applies to the combined bill.

Major finance and revenue bills are:

the agriculture and rural development finance bill;

the higher education finance bill;


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the K-12 education finance bill;

the family and early childhood education finance bill;

the environment and natural resources finance bill;

the health and human services finance bill;

the state government finance bill;

the jobs and economic development finance bill;

the transportation finance bill;

the judiciary finance bill;

the omnibus capital investment bill; and

the omnibus tax bill.

After the adoption of a resolution by the House or by the Committee on Ways and Means, each finance committee, the Committee on Capital Investment, and the Committee on Taxes must reconcile each finance and revenue bill described in Rule 4.10 and Rule 4.11 with the resolution or resolutions. When reporting a bill, the committee must provide to the Committee on Ways and Means a fiscal statement on the bill and a written statement certifying that the committee has reconciled the fiscal effect of the bill with the resolution or resolutions and that the bill, as reported by the committee, together with other bills reported and expected to be reported by the committee, does not and will not exceed the limits specified in either resolution.

After the adoption of a resolution by the House or the Committee on Ways and Means, the Committee on Ways and Means must reconcile finance and revenue bills with the resolution or resolutions. When reporting a bill, the chair of the Committee must certify to the House that the Committee has reconciled the bill with the resolution or resolutions and that the bill, as reported by the Committee, together with other bills reported and expected to be reported by the Committee, does not and will not exceed the limits specified in either resolution.

After the adoption of a resolution by the House or the Committee on Ways and Means, an amendment to a bill is out of order if it would cause any of the limits specified in either resolution to be exceeded. Whether an amendment is out of order under this Rule is a question to be decided on the Floor by the Speaker or other presiding officer and in committee by the person chairing the committee meeting. In making the determination, the Speaker or other presiding officer or the committee chair may consider: (1) the limits in a resolution; (2) the effect of existing laws on revenues and expenditures; (3) the effect of amendments previously adopted to the bill under consideration; (4) the effect of bills previously recommended by a committee or bills previously passed in the legislative session by the House or by the legislature; (5) whether expenditure increases or revenue decreases that would result from the amendment are offset by decreases in other expenditures or increases in other revenue specified by the amendment; and (6) other information reasonably related to expenditure and revenue amounts.

After a resolution is adopted by the House or the Committee on Ways and Means, the Committee must cause to be published a summary of the estimated fiscal effect on the general fund of each bill that has been referred to the Committee on Ways and Means by a finance committee, the Capital Investment Committee, or the Committee on Taxes and of each bill that has been reported by the Committee on Ways and Means.

4.10 FINANCE BILLS. A House or Senate bill that directly and specifically affects any present or future financial obligation on the part of the State must be referred to the appropriate finance committee before it receives its second reading, except as provided in Rule 1.15. When reporting a finance bill, a standing committee (other than a finance committee, the Committee on Taxes, and the Committee on Ways and Means) must recommend re-referral of the bill to a finance committee.


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A finance bill reported by a finance committee must be re-referred to the Committee on Ways and Means.

Except for the major revenue or finance bills referred to in Rule 4.03, a bill that carries an appropriation must have an appropriation section.

This rule does not apply to a bill reported by the Committee on Capital Investment under Rule 4.12.

4.11 BILLS AFFECTING TAXES. A House or Senate bill that directly and specifically affects state tax revenues or substantially affects state tax policy or the administration of state tax policy must be referred to the Committee on Taxes before it receives its second reading, except as provided in Rule 1.15. A standing committee other than the Committee on Taxes or the Committee on Ways and Means, when reporting a bill affecting taxes as defined by this Rule, must recommend re-referral to the Committee on Taxes.

A bill with a fiscal effect reported by the Committee on Taxes must be re-referred to the Committee on Ways and Means.

4.12 BILLS AFFECTING DEBT. The Committee on Capital Investment has jurisdiction over debt obligations issued by the State. A bill that authorizes the issuance of debt of the State must be referred or re-referred to the Committee on Capital Investment.

The Speaker, by announcement, must assign to each finance committee the appropriate jurisdiction for recommendations on state public debt. The finance committee must submit recommendations within its jurisdiction to the committee on Capital Investment for further disposition. The Committee on Capital Investment must enter in the committee record the recommendations of each finance committee that submits recommendations.

A bill with a fiscal effect reported by the Committee on Capital Investment must be accompanied by a statement of its fiscal effect and must be referred to the Committee on Ways and Means.

4.13 BILLS AFFECTING STATE GOVERNMENT POWERS AND STRUCTURE. The Committee on Governmental Operations and Veterans Affairs Policy has jurisdiction over a House or Senate bill that:

(a) establishes or reestablishes a department, agency, commission, board, task force, advisory committee or council, or bureau, or other like entity;

(b) delegates rulemaking authority to, or exempts from rulemaking, a department or agency of state government; or

(c) substantially changes the organization of a department or agency of state government or substantially changes, vests or divests the official rights, powers, or duties of an official, department or agency of state government or an institution under its control.

Except as otherwise provided in this Rule and Rule 1.15, a bill that is within the jurisdiction of the Committee on Governmental Operations and Veterans Affairs Policy must be referred to that Committee before it receives its second reading. A committee (other than the Committee on Governmental Operations and Veterans Affairs Policy) reporting such a bill must recommend its re-referral to the Committee on Governmental Operations and Veterans Affairs Policy if reporting before the deadline for action on the bill by that Committee; if reporting after the deadline, the committee must recommend re-referral to the Committee on Rules and Legislative Administration.

The re-referral requirements of this Rule do not apply to the major finance and revenue bills identified in Rule 4.03. If a major finance or revenue bill contains a provision specified in clauses (a) or (b) of the definition in this Rule, the chair of the finance or tax committee reporting the bill must notify the chair of the Committee on Rules and Legislative Administration before the bill is considered by the House.


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The re-referral requirements of this Rule do not apply to other bills reported by a finance committee or the tax committee, except bills that contain a provision specified in clauses (a) and (b) of the definition in this Rule.

4.14 BILLS PROPOSING MEMORIALS. A bill or amendment that proposes to have a memorial placed in the Capitol area must be referred to the Committee on Rules and Legislative Administration.

4.15 BILLS PROPOSING CONSTITUTIONAL AMENDMENTS. A House or Senate bill that proposes a constitutional amendment must be referred to the Committee on Rules and Legislative Administration before it receives its second reading. When reporting such a bill, a committee, other than the Committee on Rules and Legislative Administration, must recommend re-referral to the Committee on Rules and Legislative Administration.

4.20 DISPOSITION OF BILLS DURING INTERIM. Adjournment of the regular session in an odd-numbered year to a day certain in the next year is the same as daily adjournment except that a bill on the Consent Calendar, Calendar for the Day, Fiscal Calendar, or General Register must be returned to the standing committee that last acted on the bill.

4.30 RECALLING BILL FROM COMMITTEE OR DIVISION. A bill or resolution may be recalled from a committee or division at any time by majority vote of the whole House, be given a second reading and be placed on the General Register. A motion to recall a bill or resolution is in order only under the order of business "Motions and Resolutions." This Rule does not apply in a special session or after the deadline for committee reports on House files.

4.31 TIME LIMIT TO CONSIDER BILLS. If 20 legislative days after a bill has been referred to a committee or division (other than the Committee on Ways and Means, the Committee on Taxes, a finance committee, or a division of one of those committees) a report has not been made on it by the committee or division, its chief author may request that it be returned to the House. The request must be entered in the Journal.

The committee or division must vote on the bill requested within ten calendar days after the day of the request.

If the committee or division fails to vote on it within ten days, the chief author may present a written demand to the Speaker for its immediate return to the House. The demand must be presented within five calendar days after the day that the committee or division is required to vote. If the demand is presented in the time allowed, it must be entered in the Journal and is the demand of the House. The bill is then considered to be in the possession of the House and must be given its second reading and placed on the General Register.

The bill may be re-referred by a majority vote of the whole House. If the motion to re-refer is made on the day of the demand or on the next House legislative day, the motion takes precedence over all other motions except privileged motions and is in order at any time.

ARTICLE 5 - PARLIAMENTARY PRACTICE

5.01 SUSPENSION OR AMENDMENT OF THE RULES. The concurrence of two-thirds of the whole House is required to suspend or amend a Rule of the House, except that any amendment to the Rules reported by the Committee on Rules and Legislative Administration may be adopted by a majority of the whole House.

Except as provided in Rule 5.02, a motion to suspend or amend any Rule of the House must be made under the order of business "Motions and Resolutions." If the motion is made at another time, unanimous consent is required before the Speaker may entertain the motion.

A motion to suspend the Rules, together with the subject matter to which it pertains, is debatable, but the previous question may be applied to the motion under Rule 3.13.


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5.02 SUSPENSION OF RULES TO ADVANCE A BILL. A bill must be reported on three different days as provided in Rule 1.04, except that in case of urgency, a two-thirds majority of the whole House may suspend this requirement. A motion to suspend the Rules to advance a bill for consideration out of its regular order is in order under the order of business "Motions and Resolutions" or at any time the bill is before the House. The motion must be presented to the Speaker in writing and must describe the status of the bill.

5.03 DEFINITIONS. In these Rules the terms "majority vote" and "vote of the House" mean a majority of members present for the vote. The term "vote of the whole House" means a majority of all the members elected to the House.

Singular words used in these Rules include the plural, unless the context indicates a contrary intention.

5.04 AUTHORIZED MANUAL OF PARLIAMENTARY PROCEDURE. "Mason's Manual of Legislative Procedure" governs the House in all applicable cases if it is not inconsistent with these Rules, the Joint Rules of the Senate and House of Representatives, or established custom and usage.

ARTICLE 6 - COMMITTEES AND REPORTS

6.01 COMMITTEES. Standing committees of the House must be appointed by the Speaker as follows:

Agriculture Policy

Civil Law

Commerce

Crime Prevention

Education Policy

Environment and Natural Resources Policy

Ethics

Governmental Operations and Veterans Affairs Policy

Health and Human Services Policy

Jobs and Economic Development Policy

Local Government and Metropolitan Affairs

Rules and Legislative Administration

Transportation Policy

Agriculture and Rural Development Finance

Capital Investment

Environment and Natural Resources Finance

Family and Early Childhood Education Finance


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Health and Human Services Finance

Higher Education Finance

Jobs and Economic Development Finance

Judiciary Finance

K-12 Education Finance

State Government Finance

Taxes

Property Tax Division

Transportation Finance

Ways and Means

6.02 COMMITTEE MEMBERSHIP. At least 30 days before the start of a regular session of the Legislature, the Speaker-designate must provide the minority political party caucuses with a list of the standing committees proposed for the session. The Speaker-designate must prescribe the number of minority caucus members to be appointed to each committee and may require general membership guidelines to be followed in the selection of committee members.

If the minority leader submits to the Speaker-designate, at least 15 days before the start of the session, a list of proposed committee assignments for the minority caucus that complies with the numbers and guidelines provided, the Speaker must make the proposed assignments with the purpose of attaining proportionate representation on the committees for the minority caucus.

A committee of the House must not have exclusive membership from one profession, occupation or vocation.

A member must not serve as the chair of the same standing committee, or a standing committee with substantially the same jurisdiction, during more than three consecutive regular biennial sessions that the member's caucus is in the majority, even if the sessions are not otherwise consecutive. This rule does not apply to service as chair of the Committee on Rules and Legislative Administration.

6.03 APPOINTMENTS TO BOARDS AND COMMISSIONS. Upon the convening of the biennial session, the Speaker must notify the members of the House of each board or commission to which a member of the House may be appointed by the Speaker. The Speaker must request advice from the minority leader on these appointments.

6.04 SUBCOMMITTEES. The chair of a committee must appoint the chair and members of each subcommittee with the advice and consent of the Speaker. The chair or the committee may refer bills to a subcommittee. A subcommittee may exercise the authority delegated to it by the chair or by the committee.

6.10 THE COMMITTEE ON ETHICS. The Speaker must appoint a Committee on Ethics consisting of four members: two members from the majority political party caucus, and two from the minority caucus. One alternate from each caucus must also be appointed. The committee must adopt written procedures, which must include due process requirements, for handling complaints and issuing guidelines.

A complaint may be brought about conduct by a member that violates a rule or administrative policy of the House, that violates accepted norms of House behavior, that betrays the public trust, or that tends to bring the House into dishonor or disrepute.


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A complaint about a member's conduct must present with specificity the factual evidence supporting the complaint. A complaint must be in writing, under oath and signed by two or more members of the House, and submitted to the Speaker. Before submitting the complaint to the Speaker, the complainants must cause a copy of it and any supporting materials to be delivered to any member named in the complaint. Within seven days after receiving a complaint, the Speaker must refer the complaint to the Ethics Committee for processing by the committee according to its rules of procedure.

The existence and substance of a complaint, including any supporting materials, and all proceedings, meetings, hearings, and records of the Ethics Committee are public; except that the committee, upon a majority vote of the whole committee, may meet in executive session to consider or determine the question of probable cause, to consider a member's medical or other health records, or to protect the privacy of a victim or a third party.

A complaint of a breach of confidentiality by a member or employee of the House must be immediately referred by the Speaker to the Ethics Committee for disciplinary action.

The committee must act in an investigatory capacity and may make recommendations regarding complaints submitted to the Speaker before adjournment sine die. With the approval of the Speaker, the committee may retain a retired judge or other nonpartisan legal advisor to advise and assist the committee, as the committee considers appropriate and necessary in the circumstances of the case, in conducting the proceedings and obtaining a complete and accurate understanding of the information relevant to the conduct in question.

Ethics Committee recommendations for disciplinary action must be supported by clear and convincing evidence and must be reported to the House for final disposition.

6.20 COMMITTEE MEETING SCHEDULE. The Speaker must prepare and publish a schedule of committee meetings, fixing as far as practicable the regular meeting day and time of each committee.

The chair of a committee must give written notice of a special meeting or a change in the regular schedule of meetings. The notice may be announced from the desk and must be posted in public notice locations maintained by the House. The notice must be posted at least one day in advance of the change.

As far as practicable, the chair of a committee must give three days notice of the date, time, place and agenda for each meeting.

A committee must not meet between 12:00 midnight and 7:00 a.m.

Only the Committee on Rules and Legislative Administration may meet during a daily session of the House without leave.

6.21 COMMITTEE PROCEDURES. Meetings of House committees must be open to the public except for executive sessions that the committee on ethics considers necessary under Rule 6.10. For purposes of this requirement, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the committee. This requirement does not apply to a meeting of members of a committee from the same political party caucus.

A majority of members of a committee is a quorum.

The Rules of the House must be observed in committee if they are applicable.

An amendment offered in committee must be on a subject that is within the jurisdiction of the committee. Whether an amendment is on a subject that is within the jurisdiction of the committee is a question to be decided by the person chairing the meeting, who may put the question to the committee.


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A member of a committee may demand a roll call vote on any bill, resolution, report, motion or amendment before the committee. If a demand is made, the roll must be called. The name of the member demanding the roll call and the vote of each member must be recorded in the committee minutes.

A committee may reconsider an action while the matter remains in the possession of the committee. A committee member need not have voted with the prevailing side to move to reconsider the action.

The chair of a committee, after consultation with the Speaker, may establish written procedures for the submission of amendments to the committee, the setting of committee agendas, and other matters pertaining to the conduct of the committee's business. Before implementing the written procedures, the chair must provide a copy of them to the Speaker and to each member of the House and must make copies available to others upon request.

6.22 PUBLIC TESTIMONY. Public testimony from proponents and opponents must be allowed on every bill or resolution before a standing committee, division or subcommittee of the House.

6.23 OPEN MEETING ENFORCEMENT. A person may submit to the Speaker a complaint alleging a violation of the open meeting requirements of Rule 6.21. The complaint must be in writing. On receiving a complaint, the Speaker, or a person designated by the Speaker, must investigate the complaint promptly. If the Speaker concludes, following investigation, that a violation of the open meeting rule may have occurred, the Speaker must refer the complaint to the Committee on Ethics for further proceedings.

6.24 COMMITTEE RECORDS. The chair of a standing committee must cause a committee record to be kept, in the form prescribed by the Committee on Rules and Legislative Administration. The record must include the record of committee proceedings on each bill referred to the committee and the minutes of the committee and any subcommittees.

The committee and subcommittee minutes must include:

a. the time and place of each hearing or meeting;

b. the names of committee or subcommittee members who are present;

c. the name and address of each person appearing before the committee or subcommittee, together with the name and address of the person, association, firm or corporation in whose behalf the appearance is made;

d. the language of each motion, the name of the member making the motion, the result of a vote on the motion, and, on a roll call vote, the names of those in favor and those opposed;

e. the date on which a subcommittee is established, the names of its members and the file number of bills referred to it and reported by it;

f. other important matters related to the work of the committee or subcommittee.

The minutes must be approved at the next regular meeting of the committee or subcommittee.

After approval by the committee or subcommittee, copies of the minutes must be filed with the Chief Clerk and be open to public inspection in the Chief Clerk's office.

At the end of the legislative biennium minutes and other records must be delivered to the Director of the Legislative Reference Library, who must keep them open for public inspection during regular office hours. A copy of a page of committee minutes may be obtained for a fee determined by the Library to cover the cost of preparing the copy.


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The chair of the committee must keep the magnetic tape recording of a committee meeting until the minutes of the meeting are approved by the committee and then must file the recording with the Director of the Legislative Reference Library. A copy of a recording must be filed within 24 hours after a written request for it is made to the committee.

A person may obtain a copy of a tape while it is kept in the Library by paying a fee determined by the Library to cover the cost of the copy. Testimony and discussion preserved under this Rule are not intended to be admissible in a court or administrative proceeding on an issue of legislative intent.

The Legislative Reference Library must keep committee records and tapes for eight years after the end of the legislative biennium during which the materials were created and then must deliver them to the Director of the Minnesota Historical Society.

6.30 COMMITTEE REPORTS. The House must adopt or reject a committee report on a bill or resolution without amendment.

The chair of a standing committee reporting to the House on a bill or resolution must use the form provided for committee reports. Each bill or resolution must be reported separately. The report must state the action taken by the committee and the date of the action. The report must be authenticated by the signature of the chair.

Before a committee reports favorably on a bill or resolution, the chair must see that the form of the bill or resolution conforms to these Rules and the Joint Rules of the House and Senate.

Except during the last seven legislative days in a year, the committee report and any minority report must be submitted to the Chief Clerk at least four hours before the convening of the daily session. But the Committee on Rules and Legislative Administration may report at any time.

6.31 SUBSTITUTION OF BILLS. A standing or special committee or its members must not report a substitute for a bill referred to the committee if the substitute relates to a different subject, is intended to accomplish a different purpose, or requires a title essentially different from that of the bill referred. If the House is advised that a substitute bill reported to the House violates this Rule, the report must not be adopted.

6.32 MINORITY REPORTS. A minority report must be made separately from the majority report and must be considered before the majority report. If the minority report is adopted the majority report must not be considered. If the minority report is not adopted the majority report must then be considered.

6.40 REPORTS OF CONFERENCE COMMITTEES. A conference committee may report at any time and may meet during a daily session of the House without leave.

A conference committee report must include only subject matter contained in the House or Senate versions of the bill for which that conference committee was appointed, or like subject matter contained in a bill passed by the House or Senate. The member presenting the conference committee report to the House must disclose all substantive changes from the House version of the bill.

6.50 COMMITTEE REPORT LAID OVER. The report of any committee may be laid over one day and printed in the Journal, if so ordered by the House.

ARTICLE 7 - OFFICERS OF THE HOUSE

7.01 DUTIES AND PRIVILEGES OF THE SPEAKER. The Speaker must preside over the House and has all the powers and duties of the presiding officer.

The Speaker must preserve order and decorum. The Speaker may order the lobby or galleries cleared in the case of disorderly conduct or other disturbance.


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Except as otherwise provided by rule or law, the Speaker has general control of the Chamber of the House and of the corridors, passages and rooms in the Capitol and State Office Building under the jurisdiction of the House.

The Speaker must sign all acts, addresses, joint resolutions, writs, warrants and subpoenas of the House or issued by order of the House. The Speaker must sign all abstracts for the payment of money from funds appropriated by the Legislature to the House; but money must not be paid unless the abstract is also signed by the Controller of the House. Abstracts for compensation of members must be signed by the Chief Clerk pursuant to law.

The Speaker must appoint the Chief Sergeant at Arms or must designate that officer from among the Sergeants at Arms elected by the House or appointed by the Committee on Rules and Legislative Administration.

When an elected office of the House becomes vacant, the Speaker must designate a person to exercise the powers and discharge the duties of the office as necessary until a successor is elected by the House.

7.02 SUCCESSOR IN OFFICE OF SPEAKER. When the office of Speaker becomes vacant, the Chair of the Committee on Rules and Legislative Administration has the powers and must discharge the duties of the office as necessary, until a Speaker is elected by the House or until a speaker-designate is selected as provided in this Rule. The House must elect a Speaker when the House is next called to order. If the Legislature is not in session, within 30 days after the office of Speaker becomes vacant the Committee on Rules and Legislative Administration must meet and select a speaker-designate to exercise the powers and discharge the duties of the office as necessary until a Speaker is elected by the House.

7.05 SPEAKER PRO TEMPORE. The Speaker must appoint one or two members as Speaker pro tempore. A Speaker pro tempore must preside in the Speaker's absence. In the absence of the Speaker and a Speaker pro tempore, a member selected by the Speaker must preside until the Speaker or Speaker pro tempore returns.

7.10 DUTIES OF CHIEF CLERK. The Chief Clerk has general supervision of all clerical duties pertaining to the business of the House. The Chief Clerk must perform, under the direction of the Speaker, all the duties of the office of Chief Clerk. The Chief Clerk must keep records showing the status and progress of all bills, memorials and resolutions.

During a temporary absence of the Chief Clerk, the First Assistant Chief Clerk has all the usual responsibilities of the Chief Clerk and may sign the daily journal, enrollments, abstracts and other legislative documents.

The Chief Clerk must supervise the engrossment and enrollment of bills. The Chief Clerk must see that a record is kept, by file number, of the bills introduced in the House that passed both houses and are enrolled.

The Chief Clerk must ensure that locations accessible to the public are available to post a list of committee and subcommittee meetings and any other announcements or notices the House may require.

The Index Clerk, supervised by the Chief Clerk, must prepare an index in which bills may be indexed by topic, number, author, subject, section of the statutes amended, committees, and any other method that will make it a complete and comprehensive index.

The index must be open for public inspection during the legislative session and must be printed in the permanent Journal.

7.20 DUTIES OF THE SERGEANT AT ARMS. The Sergeant at Arms must carry out all orders of the House or the Speaker and perform all other services pertaining to the office of Sergeant at Arms, including: maintaining order in the Chamber and other areas used for the business of the House and its committees and members; supervising the entering and exiting from the Chamber and the other areas; and promptly delivering messages.


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ARTICLE 8 - ADMINISTRATION OF THE HOUSE

8.01 BUDGET AND FINANCIAL AFFAIRS. The House Controller must prepare a biennial budget for the House. The budget must be approved by the Committee on Rules and Legislative Administration before it is submitted to the State Government Finance Committee. By the 15th day of April, July, October, and January of each year, the Controller must submit a detailed report of House expenditures during the previous quarter to the Speaker and the Committee on Rules and Legislative Administration.

The House Controller must arrange for the purchase of goods and services for the House. The Controller must seek the lowest possible prices consistent with satisfactory quality and dependability. A contract of the House, or an amendment to a contract, authorizing an expenditure of more than $500 must be signed by the Speaker or the Controller. A contract, or an amendment to a contract, authorizing an expenditure of up to $500 may be executed by an employee authorized and directed in writing by the Controller to act for the Controller on the contract or contracts of its type. A contract or amendment to a contract entered into in violation of this Rule is not binding on the House.

Employees of the House must be reimbursed for actual expenses in the same manner as state employees.

During session, for travel away from the Capitol, members must be reimbursed for actual expenses in the same manner as state employees, in addition to per diem expense allowances.

8.10 COMMITTEE BUDGETS AND EXPENSES. The Committee on Rules and Legislative Administration must establish a budget for each standing committee of the House for expenses incurred by the committee, its members, and its staff in conducting its legislative business. Per diem expense allowances paid to members during sessions or at times set by the Speaker or the Committee on Rules and Legislative Administration must not be charged against the budget. A committee must not incur expenses in excess of its authorized budget.

All charges against the committee budget must be approved by the chair before payment is made.

8.20 APPOINTMENT OF EMPLOYEES. The Committee on Rules and Legislative Administration must designate the position of and appoint each employee of the House and set the compensation of each officer and employee. A record of the appointments, including positions and compensation, must be kept in the office of the House Controller and must be available for inspection by the public.

The Committee on Rules and Legislative Administration must establish the procedure for filling employment vacancies when the Legislature is not in session.

An employee of the House may be assigned to other duties, suspended or discharged at any time by the Committee on Rules and Legislative Administration.

ARTICLE 9 - CONDUCT

9.01 CODE OF CONDUCT. The Committee on Rules and Legislative Administration, after receiving the recommendation of the Committee on Ethics, must establish and maintain a code of conduct for members, officers and employees of the House.

9.05 CAMPAIGN ACTIVITIES. An employee of the House must not participate in campaign activity during working hours. An employee must not be obliged to participate in campaign activities as a condition of employment. A member is not an employee of the House for purposes of this Rule. House equipment must not be used for campaign activities. The committee on rules and legislative administration must define the terms of and implement this Rule.


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9.10 SOLICITATIONS DURING LEGISLATIVE SESSION. During regular session, a member of the House, the member's principal campaign committee, a political committee with the member's name or title, or a committee authorized by the member that benefits the member, must not solicit or accept a contribution from a registered lobbyist, political committee, or political fund.

A member must not accept compensation for lobbying.

9.20 ACCEPTANCE OF AN HONORARIUM BY A MEMBER. A member must not accept an honorarium for a service performed for an individual or organization that has a direct interest in the business of the House, including, but not limited to, a registered lobbyist or an organization a lobbyist represents. The term "honorarium" does not include reimbursement for expenses incurred and actually paid by a member in performing a service.

Alleged violations of this Rule must be referred to the Committee on Ethics under Rule 6.10. If the Committee on Ethics finds that an honorarium was accepted in violation of this Rule, the Committee must direct its return. If it is not returned, the committee may recommend disciplinary action under Rule 6.10.

9.21 ACCEPTANCE OF TRAVEL AND LODGING BY A MEMBER OR EMPLOYEE. A member or employee of the House must not accept travel or lodging from any foreign government, private for-profit business, labor union, registered lobbyist, or an association thereof, except for expenses that relate to the member's or employee's participation as a legislator or legislative employee in a meeting or conference. This Rule does not apply to travel or lodging provided to a member in the regular course of the member's employment or business.

9.30 DENIAL OF COMPENSATION WHILE DETAINED. A member must not receive compensation, mileage, or living expenses while the member is incarcerated or on home detention due to a criminal conviction.

9.40 NO SMOKING IN HOUSE AREAS. Smoking is prohibited in the areas of the Capitol and State Office Building under the jurisdiction of the House, including the House Chamber and Retiring Room and galleries, hearing rooms, minor corridors and offices, private offices, and lounges.

CALENDAR FOR THE DAY

S. F. No. 86 was reported to the House.

Seagren moved that S. F. No. 86 be continued on the Calendar for the Day. The motion prevailed.

Pawlenty moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Trimble moved that the name of Chaudhary be added as an author on H. F. No. 3362. The motion prevailed.

Van Dellen moved that the names of Abeler and Dorn be added as authors on H. F. No. 3384. The motion prevailed.

Abeler moved that the name of Tingelstad be added as an author on H. F. No. 3439. The motion prevailed.

Rostberg moved that the names of McCollum and Osthoff be added as authors on H. F. No. 3554. The motion prevailed.


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Molnau moved that the name of Rifenberg be added as an author on H. F. No. 3588. The motion prevailed.

Lenczewski moved that her name be stricken as an author on H. F. No. 3632. The motion prevailed.

Olson moved that the names of Rifenberg and Seifert, J., be added as authors on H. F. No. 3662. The motion prevailed.

Sviggum moved that the name of Erickson be added as an author on H. F. No. 3674. The motion prevailed.

Kuisle moved that the names of Clark, J.; Swenson and Rifenberg be added as authors on H. F. No. 3692. The motion prevailed.

Seagren moved that the name of Clark, J., be added as an author on H. F. No. 3698. The motion prevailed.

Kuisle moved that the name of Mulder be added as an author on H. F. No. 3700. The motion prevailed.

Paymar moved that the name of Erhardt be added as an author on H. F. No. 3701. The motion prevailed.

Westrom moved that the name of Mulder be added as an author on H. F. No. 3717. The motion prevailed.

Westrom moved that the names of Storm, Davids and Dorman be added as authors on H. F. No. 3718. The motion prevailed.

Van Dellen moved that the name of Mulder be added as an author on H. F. No. 3720. The motion prevailed.

Molnau moved that the name of Stang be added as an author on H. F. No. 3723. The motion prevailed.

Workman moved that the names of Swenson and Stang be added as authors on H. F. No. 3724. The motion prevailed.

Seifert, J., moved that the names of Paulsen; Larsen, P., and Erickson be added as authors on H. F. No. 3731. The motion prevailed.

Dorman moved that the name of Swenson be added as an author on H. F. No. 3735. The motion prevailed.

Erickson moved that H. F. No. 2483 be recalled from the Committee on Environment and Natural Resources Policy and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

Leppik moved that H. F. No. 2505, now on the Technical Consent Calendar, be re-referred to the Committee on Ways and Means. The motion prevailed.

Smith moved that H. F. No. 2653 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.

Rest moved that H. F. No. 2673 be recalled from the Committee on Civil Law and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

Opatz moved that H. F. No. 2818 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.

Greenfield moved that H. F. No. 2853 be recalled from the Committee on Health and Human Services Policy and be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.


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Buesgens moved that H. F. No. 3162 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.

Rostberg moved that H. F. No. 3199 be recalled from the Committee on Ways and Means and be re-referred to the Committee on Capital Investment. The motion prevailed.

Mulder moved that H. F. No. 3451 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.

Mares moved that H. F. No. 3567 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.

Pelowski moved that H. F. No. 3583 be recalled from the Committee on Health and Human Services Finance and be re-referred to the Committee on Higher Education Finance. The motion prevailed.

Olson moved that H. F. No. 3629 be recalled from the Committee on Health and Human Services Policy and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

Wenzel moved that H. F. No. 3670 be recalled from the Committee on Crime Prevention and be re-referred to the Committee on Judiciary Finance. The motion prevailed.

Molnau moved that H. F. No. 3674 be recalled from the Committee on Education Policy and be re-referred to the Committee on K-12 Education Finance. The motion prevailed.

Smith moved that S. F. No. 2510 be recalled from the Committee on Civil Law and together with H. F. No. 3220, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

PROTEST AND DISSENT

Pursuant to Article IV, Section 11, of the Constitution of the State of Minnesota, the following members of the Minnesota State House of Representatives file a formal dissent and protest as a result of the remarks of Representative Arlon Lindner on February 23, 2000.

On this day Representative Lindner defamed people of the Jewish faith by calling them irreligious and impugning the sincerity of their religious beliefs.

Article I, Section 16, of the Minnesota State Constitution protects the freedom of religion in the State of Minnesota. Representative Lindner's remarks do damage to the tradition of religious tolerance that we enjoy in the State of Minnesota and we must forcefully protest and dissent.

Submitted by:

Tom Pugh Matt Entenza Sharon Marko

Betty Folliard Steve Trimble Jean Wagenius

Mindy Greiling Karen Clark Len Biernat

Steve Wenzel Alice Johnson Loren Solberg

Bill Hilty Wes Skoglund Luanne Koskinen

Tim Mahoney Tom Huntley Loren Jennings

Dale Swapinski Gene Pelowski Betty McCollum

Rob Leighton Gary Kubly Bob Milbert

Mary Murphy David Tomassoni Doug Peterson

Tom Osthoff John Dorn Alice Hausman


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Lyndon Carlson Phyllis Kahn Michael Paymar

Ann Lenczewski Rod Skoe Dan Larson

Irv Anderson Bernie Lieder Kris Hasskamp

Gregory Gray Darlene Luther Carlos Mariani

Joe Opatz Myron Orfield Andy Dawkins

Ann H. Rest Mike Jaros Henry Kalis

Lee Greenfield Mary Jo McGuire Peggy Leppik

Joe Mullery Peg Larsen Dave Bishop

Ron Erhardt Ron Abrams Bill Kuisle

Jim Rhodes Dan Dorman Jim Clark

Harry Mares Satveer Chaudhary

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, February 24, 2000. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Thursday, February 24, 2000.

Edward A. Burdick, Chief Clerk, House of Representatives