Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 807

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 1999

__________________

TWENTY-SIXTH DAY

Saint Paul, Minnesota, Thursday, March 11, 1999

This Journal as a PDF document

The House of Representatives convened at 2:30 p.m. and was called to order by Steve Sviggum, Speaker of the House.

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

A quorum was present.

Jennings and Munger were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Seagren 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 STANDING COMMITTEES

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

H. F. No. 12, A bill for an act relating to crime; providing a life imprisonment sentence for persons convicted of three or more violent felonies; amending Minnesota Statutes 1998, sections 244.05, subdivisions 4 and 5; and 609.1095, subdivisions 2, 3, and by adding a subdivision.

Reported the same back with the following amendments:

Page 4, line 5, after "(a)" insert "Unless a longer mandatory minimum sentence is otherwise provided by law,"

Page 4, line 16, after the second comma, insert "609.165,"

Page 4, line 17, delete "or" and after "609.687" insert ", or 624.713"

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

The report was adopted.

Workman from the Committee on Transportation Policy to which was referred:

H. F. No. 165, A bill for an act relating to motor vehicles; allowing disability license plates to be issued for vehicles modified for use by disabled persons; amending Minnesota Statutes 1998, section 168.021, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 168.021, subdivision 1, is amended to read:

Subdivision 1. [SPECIAL PLATES; APPLICATION.] (a) When a motor vehicle registered under section 168.017, a motorcycle, a truck having a manufacturer's nominal rated capacity of one ton and resembling a pickup truck, or a self-propelled recreational vehicle is owned or primarily operated by a permanently physically disabled person or a custodial parent or guardian of a permanently physically disabled minor, the owner may apply for and secure from the registrar of motor vehicles (1) immediately, a temporary permit valid for 30 days, if the applicant is eligible for the special plates issued under this paragraph, and (2) two license plates with attached emblems, one plate to be attached to the front, and one to the rear of the vehicle. When the owner first applies for the plates, the owner must submit a physician's statement on a form developed by the commissioner under section 169.345, or proof of physical disability provided for in that section, except that no physician's statement or proof of disability is required when an owner applies for plates for one or more commercial motor vehicles that are specially modified for and used exclusively by permanently physically disabled persons.

(b) The owner of a motor vehicle may apply for and secure (i) immediately, a temporary permit valid for 30 days, if the person is eligible to receive the special plates issued under this paragraph, and (ii) a set of special plates for a motor vehicle if:

(1) the owner employs a permanently physically disabled person who would qualify for special plates under this section; and


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(2) the owner furnishes the motor vehicle to the physically disabled person for the exclusive use of that person in the course of employment."

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Davids from the Committee on Commerce to which was referred:

H. F. No. 180, A bill for an act relating to commerce; regulating the safety of persons on amusement rides; amending Minnesota Statutes 1998, section 184B.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 184B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 184B.01, is amended by adding a subdivision to read:

Subd. 5. [RIDER.] "Rider" means a person who is:

(1) waiting in the immediate vicinity to get on an amusement ride;

(2) getting on an amusement ride;

(3) using an amusement ride;

(4) getting off an amusement ride; or

(5) leaving an amusement ride and still in its immediate vicinity.

Rider does not include employees, agents, or servants of the operator while engaged in the duties of their employment.

Sec. 2. [184B.061] [RIDER CONDUCT.]

Subdivision 1. [REPORTS.] (a) A rider, or parent or guardian on a minor rider's behalf, shall report in writing to the operator or the operator's designee any injury sustained on an amusement ride before leaving the amusement owner's premises, including:

(1) the name, address, and telephone number of the injured person;

(2) a brief description of the incident, the injuries claimed, and the location, date, and time of the injury;

(3) the cause of the injury, if known; and

(4) the names, addresses, and telephone numbers of any witnesses to the incident.

(b) If the rider, or a parent or guardian on a minor rider's behalf, is unable to file a report because of the severity of injuries, the report must be filed as soon as possible.

(c) The failure of a rider, or a parent or guardian on a minor rider's behalf, to report an injury under this section does not affect the rider's right to commence a civil action.


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Subd. 2. [CODE OF CONDUCT.] A rider shall obey reasonable posted safety rules and oral instructions for an amusement ride that are consistent with the posted rules, issued by the operator or an employee or agent. A rider shall not act in any manner that may cause or contribute to injuring the rider or others, including:

(1) exceeding the limits of the rider's ability;

(2) interfering with the safe operation of the amusement ride;

(3) not engaging any safety devices that are provided;

(4) disconnecting or disabling a safety device except at the express instruction of the operator;

(5) altering or enhancing the intended speed, course, or direction of an amusement ride;

(6) using the controls of an amusement ride designed solely to be operated by the ride operator;

(7) throwing, dropping, or expelling an object from or toward an amusement ride except as permitted by the ride operator; and

(8) getting on or off an amusement ride except at the designated time and area, if any, at the direction of the ride operator, or in an emergency.

Subd. 3. [RIDER QUALIFICATIONS.] A rider shall not get on or attempt to get on an amusement ride unless the rider, or a parent or guardian on a minor rider's behalf, reasonably determines that, at a minimum, the rider:

(1) has located, reviewed, and understood any signs in the vicinity of the ride and has satisfied any posted height, medical, or other restrictions; and

(2) is not under the influence of alcohol or any drug that affects the rider's ability to safely use the amusement ride or obey the posted rules or oral instructions.

Subd. 4. [OWNER RESPONSIBILITY.] If an amusement ride is located on property owned by someone other than the operator, the owner, upon request of the operator, is responsible for removing a rider who is violating or has violated the code of conduct in subdivision 2 from the property.

Subd. 5. [REMEDIES.] (a) A violation of this section does not preclude a rider's cause of action for damages. The rider's action for damages is governed by section 604.01.

(b) Failure to comply with this section is not punishable as a crime under section 609.03. A violation of this section that constitutes a crime under any other provision of chapter 609 may be prosecuted pursuant to that provision of chapter 609.

Sec. 3. [184B.062] [NOTICE TO RIDERS.]

Subdivision 1. [GENERAL SIGNS.] An operator shall display signs indicating the applicable safety responsibilities of riders under section 184B.061 and the location of stations to report injuries. These signs must be located at:

(1) each station for reporting an injury;

(2) each first aid station; and


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(3) either:

(i) at least four other locations on the premises, including premises entrance and exit, if there are no more than four entrances or exits for riders;

(ii) at least four other locations on the premises, including the four premises entrances and exits most commonly used by riders, if there are more than four entrances and exits for riders; or

(iii) each amusement ride.

Subd. 2. [INDIVIDUAL AMUSEMENT RIDE SIGNS.] (a) An amusement owner shall post a sign at each amusement ride that includes:

(1) operational instructions, if any;

(2) safety guidelines for riders, if any;

(3) restrictions on the use of the amusement ride, if any;

(4) behavior or activities that are prohibited, if any; and

(5) a legend providing that "State law requires riders to obey all warnings and directions for this ride and behave in a manner that will not cause or contribute to injuring themselves or others. Riders must report injuries before leaving."

(b) A sign required by this section must be prominently displayed at a conspicuous location, clearly visible to the public, and bold and legible in design."

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

The report was adopted.

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

H. F. No. 332, A bill for an act relating to medical assistance; continuing cost-based reimbursement to certain health care facilities for an additional three years; appropriating money; amending Minnesota Statutes 1998, section 256B.0625, subdivision 30.

Reported the same back with the following amendments:

Page 1, after line 7, insert:

"Section 1. Minnesota Statutes 1998, section 62Q.19, subdivision 2, is amended to read:

Subd. 2. [APPLICATION.] (a) Any provider may apply to the commissioner for designation as an essential community provider by submitting an application form developed by the commissioner. Applications must be accepted within two years after the effective date of the rules adopted by the commissioner to implement this section, except that this two-year limit does not apply to federally qualified health centers or rural health clinics seeking essential community provider status for purposes of section 256B.0625, subdivision 30, paragraph (c).

(b) Each application submitted must be accompanied by an application fee in an amount determined by the commissioner. The fee shall be no more than what is needed to cover the administrative costs of processing the application.


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(c) The name, address, contact person, and the date by which the commissioner's decision is expected to be made shall be classified as public data under section 13.41. All other information contained in the application form shall be classified as private data under section 13.41 until the application has been approved, approved as modified, or denied by the commissioner. Once the decision has been made, all information shall be classified as public data unless the applicant designates and the commissioner determines that the information contains trade secret information."

Page 1, line 8, delete "Section 1." and insert "Sec. 2."

Page 2, line 16, strike "within"

Page 2, strike line 17

Page 2, line 18, strike everything before the period

Page 2, line 20, strike "within the"

Page 2, line 21, strike everything before the comma

Page 2, line 24, strike "either do"

Page 2, line 25, strike everything before "have"

Page 3, line 2, delete "2" and insert "3"

Page 3, line 4, delete "1" and insert "2"

Amend the title as follows:

Page 1, line 5, delete "section" and insert "sections 62Q.19, subdivision 2; and"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

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

H. F. No. 429, A bill for an act relating to human services; transferring certain duties to the region 10 quality assurance commission from the commissioner of human services; requiring a waiver request to be submitted to the federal government; appropriating money; amending Minnesota Statutes 1998, sections 256B.0951, subdivisions 1 and 3; and 256B.0955.

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.

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

H. F. No. 441, A bill for an act relating to campaign finance; clarifying definitions; facilitating reports of last-minute contributions; clarifying campaign finance requirements; changing certain limits; requiring return of public subsidies under certain conditions; making advisory opinions public data; clarifying certain definitions and


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 813

prohibitions; clarifying and authorizing exceptions to the ban on gifts; providing civil penalties; amending Minnesota Statutes 1998, sections 10A.01, subdivisions 7 and 18; 10A.02, subdivision 12; 10A.03, subdivision 3; 10A.04, subdivisions 5 and 7; 10A.065, subdivisions 1, 3, and by adding a subdivision; 10A.071; 10A.08; 10A.09, subdivision 7; 10A.14, subdivision 4; 10A.15, subdivisions 3, 5, and by adding a subdivision; 10A.20, subdivisions 2, 3, 5, 6b, 12, and by adding a subdivision; 10A.23; 10A.25, subdivisions 2 and 10; 10A.29; 10A.31, subdivisions 7 and 10; 10A.315; 10A.322, subdivisions 1 and 4; 10A.324, subdivision 1; 10A.34; 200.02, by adding a subdivision; 211A.02, subdivision 2; 211A.12; 290.06, subdivision 23; and 471.895; proposing coding for new law in Minnesota Statutes, chapter 211A; repealing Minnesota Statutes 1998, section 10A.09, subdivision 3.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 10A.01, subdivision 4, is amended to read:

Subd. 4. [ASSOCIATED BUSINESS.] "Associated business" means any association in connection with which the individual is compensated in excess of $50 except for actual and reasonable expenses in any month as a director, officer, owner, member, partner, employer or, employee, independent contractor, or consultant, or is a holder of securities worth $2,500 or more at fair market value.

Sec. 2. Minnesota Statutes 1998, section 10A.01, subdivision 7, is amended to read:

Subd. 7. [CONTRIBUTION.] "Contribution" means a transfer of funds or a donation in kind.

"Contribution" includes any loan or advance of credit to a political committee, political fund, or principal campaign committee, which loan or advance of credit is (a) forgiven, or (b) paid by an individual or an association other than the political committee, political fund, or principal campaign committee to which the loan or advance of credit is made. If an advance of credit or a loan is forgiven or paid as provided in this subdivision, it is a contribution in the year in which the loan or advance of credit is made.

A contribution made for the purpose of defeating a candidate is considered made for the purpose of influencing the nomination or election of that candidate or any opponent of that candidate.

"Contribution" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, ballot question, political committee, or political fund, or.

"Contribution" does not include the uncompensated use by a candidate or an individual volunteering personal time on behalf of a candidate, ballot question, political committee, or political fund, of the candidate or volunteer's own vehicle, computer, software, fax machine, copy machine, printer, telephone, or private residence.

"Contribution" does not include the publishing or broadcasting of news items or editorial comments by the news media.

Sec. 3. Minnesota Statutes 1998, section 10A.01, subdivision 18, is amended to read:

Subd. 18. [PUBLIC OFFICIAL.] "Public official" means any:

(a) member of the legislature;

(b) constitutional officer in the executive branch and the officer's chief administrative deputy;

(c) member, chief administrative officer or deputy chief administrative officer of a state board or commission which has at least one of the following powers: (i) the power to adopt, amend or repeal rules, or (ii) the power to adjudicate contested cases or appeals;


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(d) commissioner, deputy commissioner, or assistant commissioner of any state department as designated pursuant to section 15.01;

(e) individual employed in the executive branch who is authorized to adopt, amend or repeal rules or adjudicate contested cases;

(f) executive director of the state board of investment;

(g) executive director of the Indian affairs intertribal board;

(h) commissioner of the iron range resources and rehabilitation board;

(i) commissioner of mediation services;

(j) deputy of any official listed in clauses (e) to (i);

(k) judge of the workers' compensation court of appeals;

(l) administrative law judge or compensation judge in the state office of administrative hearings or referee in the department of economic security;

(m) solicitor general or deputy, assistant or special assistant attorney general;

(n) individual employed by the legislature as secretary of the senate, legislative auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or attorney in the office of senate counsel and research or house research;

(o) member, regional administrator, division director, general counsel, or operations manager of the metropolitan council;

(p) the director of the racing commission, the director of the gambling control board, the director of the state lottery, and the deputy director of the state lottery;

(q) director of the division of alcohol and gambling enforcement in the department of public safety;

(r) member or executive director of the higher education facilities authority;

(s) member of the board of directors or president of the Minnesota world trade center corporation or Minnesota Technology, Inc.;

(t) member of the board of directors or executive director of the Minnesota state high school league; or

(t) (u) member or chief administrator of a metropolitan agency.

Sec. 4. Minnesota Statutes 1998, section 10A.03, subdivision 3, is amended to read:

Subd. 3. [NOTICE; LATE FILING.] The board shall notify by certified mail or personal service any lobbyist who fails to file a registration form within five days after becoming a lobbyist. If a lobbyist fails to file a form within seven ten days after receiving this the notice was mailed, the board may impose a late filing fee at $5 per day, not to exceed $100, commencing with the eighth 11th day after receiving the notice was mailed. The board shall further notify by certified mail or personal service any lobbyist who fails to file a form within 21 days of receiving a first notice that the lobbyist may be subject to a criminal penalty for failure to file the form. A lobbyist who knowingly fails to file a form within seven days after receiving a second notice from the board is guilty of a misdemeanor.


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Sec. 5. Minnesota Statutes 1998, section 10A.04, subdivision 5, is amended to read:

Subd. 5. [LATE FILING.] The board shall notify by certified mail or personal service any lobbyist or principal who fails after seven days after a filing date imposed by this section to file a report or statement required by this section. If a lobbyist or principal fails to file a report within seven ten days after receiving this the notice was mailed, the board may impose a late filing fee of $5 per day, not to exceed $100, commencing with the eighth 11th day after receiving the notice was mailed. The board shall further notify by certified mail or personal service any lobbyist who fails to file a report within 21 days after receiving a first notice that the lobbyist may be subject to a criminal penalty for failure to file the report. A lobbyist who knowingly fails to file such a report or statement within seven days after receiving a second notice from the board is guilty of a misdemeanor.

Sec. 6. Minnesota Statutes 1998, section 10A.04, subdivision 7, is amended to read:

Subd. 7. [FINANCIAL RECORDS.] The board may randomly audit the financial records of lobbyists and principals required to report under this section. Lobbyists and principals shall retain for four years after the report was filed all records concerning the matters reported under this chapter, including vouchers, canceled checks, bills, invoices, worksheets, and receipts.

Sec. 7. Minnesota Statutes 1998, section 10A.065, subdivision 1, is amended to read:

Subdivision 1. [REGISTERED LOBBYIST CONTRIBUTIONS; LEGISLATIVE SESSION.] (a) A candidate for the legislature or for constitutional office, a candidate's principal campaign committee, any other political committee with the candidate's name or title, any committee authorized by the candidate, or a political committee established by all or a part of the party organization within a house of the legislature, shall not solicit or accept a contribution on behalf of a candidate's principal campaign committee, any other political committee with the candidate's name or title, any committee authorized by the candidate, or a political committee established by all or a part of the party organization within a house of the legislature, from a registered lobbyist, political committee, or political fund during a regular session of the legislature.

(b) A lobbyist, political committee, or political fund shall not make a contribution prohibited by this section.

(c) A candidate's principal campaign committee may make contributions to and receive contributions from a political committee established by all or a part of the party organization within a house of the legislature during a regular session of the legislature.

(d) For a candidate for governor or lieutenant governor, the prohibition in this subdivision extends to the 14 days immediately following the adjournment of the legislature in either year of the biennium.

Sec. 8. Minnesota Statutes 1998, section 10A.065, subdivision 3, is amended to read:

Subd. 3. [CIVIL PENALTY.] A candidate or, political committee, political fund, or lobbyist that violates this section is subject to a civil fine of up to $500. If the board makes a public finding that there is probable cause to believe a violation of this section has occurred, the board shall bring an action, or transmit the finding to a county attorney who shall bring an action, in the district court of Ramsey county, to impose a civil fine as prescribed by the board. Fines paid under this section must be deposited in the general fund in the state treasury.

Sec. 9. Minnesota Statutes 1998, section 10A.065, is amended by adding a subdivision to read:

Subd. 6. [FEDERAL OFFICES.] This section does not prohibit a candidate from soliciting or accepting a contribution to a campaign for a federal office.

Sec. 10. Minnesota Statutes 1998, section 10A.071, is amended to read:

10A.071 [CERTAIN GIFTS BY LOBBYISTS AND PRINCIPALS PROHIBITED.]

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.


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(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return.

(c) "Official" means a public official, or an employee of the legislature, or a local official of a metropolitan governmental unit.

Subd. 2. [PROHIBITION.] A lobbyist or principal may not give a gift or request another to give a gift to an official. An official may not accept a gift from a lobbyist or principal. An individual is subject to the requirements of this section by virtue of being an officer, employee, or member of an association that is a principal only when acting as an agent or on behalf of the association.

Subd. 3. [EXCEPTIONS.] (a) The prohibitions in this section do not apply if the gift is:

(1) a contribution as defined in section 10A.01, subdivision 7, or 211A.01, subdivision 5, or as defined by federal law for contributions to candidates for federal offices;

(2) services to assist an the official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque, framed certificate, or similar memento recognizing individual services in a field of specialty or to a charitable cause;

(5) a trinket or memento of insignificant value;

(6) informational material of unexceptional insignificant value or that will assist the official in the performance of official duties; or

(7) food or a beverage given at a reception, meal, or meeting away from the recipient's place of work offices of the governmental entity in which the recipient official holds office by an organization before whom the recipient appears to make a speech or answer questions as part of a program., even if the meeting or program would have taken place without the attendance of a particular speaker or participant in a group presentation or session and reasonable expenses for travel within Minnesota and lodging for no more than one night actually incurred and necessary to participate in the program; or

(8) a gift of no more than $100 in value given at a significant family event that does not take place on an annual basis, such as a wedding or graduation, by an individual with whom there has been a history of gift exchanges and who personally paid for the gift without seeking business reimbursement or a tax deduction and did not give the same or similar gifts to anyone who was not attending the significant family event.

(b) The prohibitions in this section do not apply if the gift is given:

(1) because of the recipient's membership in a group, a majority of whose members are not officials, and an equivalent gift is given or offered to the other members of the group; or

(2) by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds or if the organization is classified by the United States Internal Revenue Service as a section 501(c)(3) nonprofit educational association or institution, to a participant in a conference, seminar, meeting, or trip sponsored by that organization, if an equivalent gift is given or offered to all other participants, even if the gift to the official was made possible by a gift to the organization by a lobbyist or principal;


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(3) to an official attending the national convention of a major political party or the inauguration of the president of the United States;

(4) by a lobbyist or principal who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family.; or

(5) to an official who acts only as the agent for the giver in making a gift to a foreign dignitary.

(c) The prohibitions in this section do not apply to an employer that makes a gift or provides a meal in the normal course of employment to an official who is an employee to the extent that other employees are entitled to the same benefits.

Subd. 4. [RETURN OF GIFT.] An official who accepts a gift in a good faith belief that it is lawful and returns it or gives consideration of equal or greater value for it promptly upon learning that it was not lawful is not subject to a penalty for violating this section.

Sec. 11. Minnesota Statutes 1998, section 10A.08, is amended to read:

10A.08 [REPRESENTATION DISCLOSURE.]

Any public official who represents a client for a fee before any individual, board, commission or agency that has rule making authority in a hearing conducted under chapter 14, shall disclose the official's participation in the action to the board within 14 days after the appearance. The board shall notify by certified mail or personal service any public official who fails to disclose the participation within 14 days after the appearance. If the public official fails to disclose the participation within seven ten days of after this notice was mailed, the board may impose a late filing fee of $5 per day, not to exceed $100, commencing on the eighth 11th day after receiving the notice was mailed.

Sec. 12. Minnesota Statutes 1998, section 10A.09, subdivision 5, is amended to read:

Subd. 5. [FORM.] A statement of economic interest required by this section shall be on a form prescribed by the board. The individual filing shall provide on a unified statement, with no requirement that ownership of assets or interests be assigned to particular family members, the following information covering the individual and the individual's spouse and dependents:

(a) Name, address, occupation and principal place of business;

(b) The name of each associated business and the nature of that association;

(c) A listing of all real property within the state, excluding homestead property, in which the individual, spouse, or dependent holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, and which interest is valued in excess of $2,500; or (ii) an option to buy, which property has a fair market value of $50,000 or more;

(d) A listing of all real property within the state in which a partnership of which the individual, spouse, or dependent is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share held by the individual, spouse, or dependent of the partnership interest is valued in excess of $2,500 or (ii) an option to buy, which property has a fair market value of $50,000 or more. Any listing under clause (c) or (d) shall indicate the street address and the municipality or the section, township, range and approximate acreage, whichever applies, and the county wherein the property is located; and

(e) A listing of any investments, ownership, or interests in property connected with pari-mutuel horse racing in the United States and Canada, including a race horse, in which the individual directly or indirectly holds a partial or full interest or an immediate family member holds a partial or full interest.


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Sec. 13. Minnesota Statutes 1998, section 10A.09, subdivision 7, is amended to read:

Subd. 7. [LATE FILING.] The board shall notify by certified mail or personal service any individual who fails within the prescribed time to file a statement of economic interest required by this section. If an individual fails to file a statement within seven ten days after receiving this the notice was mailed, the board may impose a late filing fee of $5 per day, not to exceed $100, commencing on the eighth 11th day after receiving the notice was mailed. The board shall further notify by certified mail or personal service any individual who fails to file a statement within 21 days after receiving a first notice that the individual may be subject to a criminal penalty for failure to file a statement. An individual who fails to file a statement within seven days after a second notice is guilty of a misdemeanor.

Sec. 14. Minnesota Statutes 1998, section 10A.14, subdivision 4, is amended to read:

Subd. 4. [NOTICE OF FAILURE TO FILE; PENALTY.] The board shall notify by certified mail or personal service any individual who fails to file a statement required by this section. If an individual fails to file a statement within seven ten days after receiving a the notice was mailed, the board may impose a late filing fee of $5 per day, not to exceed $100, commencing with the eighth 11th day after receiving the notice was mailed. The board shall further notify by certified mail or personal service any individual who fails to file a statement within 21 days after receiving a first notice that such individual may be subject to a criminal penalty for failure to file the report. An individual who knowingly fails to file the statement within seven days after receiving a second notice from the board is guilty of a misdemeanor.

Sec. 15. Minnesota Statutes 1998, section 10A.15, subdivision 3, is amended to read:

Subd. 3. [DEPOSIT IN ACCOUNT.] All transfers received by or on behalf of any candidate, political committee or political fund shall be deposited in an account designated "Campaign Fund of ..... (name of candidate, committee or fund)." All transfers shall be deposited promptly upon within 30 days after receipt and, except for transfers received during the last three days of any reporting period as described in section 10A.20, shall be deposited during the reporting period in which they were received. Any transfer received during the last three days of a reporting period shall be deposited within 72 hours of receipt and shall be reported as received during the reporting period whether or not deposited within that period. Any deposited transfer may be returned to the contributor within 60 days of deposit. A transfer deposited and not returned within 60 days of that deposit shall be deemed for the purposes of this chapter, to be accepted by the candidate, political committee or political fund.

Sec. 16. Minnesota Statutes 1998, section 10A.15, subdivision 5, is amended to read:

Subd. 5. [LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND REGISTRATION NUMBER ON CHECKS.] A contribution made to a candidate by a lobbyist, political committee, or political fund that makes a contribution to a candidate or political committee must show on the contribution the name of the lobbyist, political committee, or political fund and the number under which it is registered with the board. A candidate or political committee may rely upon the presence or absence of a registration number in determining whether the contribution is from a lobbyist and is not subject to a civil penalty for the failure of a contributor to comply with this subdivision. The contributor is subject to a civil penalty up to $300 imposed by the board.

Sec. 17. Minnesota Statutes 1998, section 10A.15, is amended by adding a subdivision to read:

Subd. 6. [CONTRIBUTION FROM A JOINT ACCOUNT.] Unless otherwise specified by one of the owners, a contribution given by a check drawn on a joint account is presumed to be a contribution by the owners of the joint account in equal shares if the total contribution per person does not exceed $100.

Sec. 18. Minnesota Statutes 1998, section 10A.19, is amended by adding a subdivision to read:

Subd. 3. [PROHIBITED EXPENDITURES.] A candidate's principal campaign committee may not make an independent expenditure on behalf of another principal campaign committee.


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Sec. 19. [10A.195] [INAUGURAL, LEGAL, DEFENSE, AND OTHER COMMITTEES.]

The treasurer of every inaugural committee, legal fund, transition office, defense fund, or similar committee or fund that specifically benefits an incumbent public official or newly elected individual that is created and funded by supporters of the public official or newly elected individual must register in the same manner as a political committee and must disclose its contributions and expenditures in the same manner and at the same times as reports are required of political committees under section 10A.20.

Sec. 20. Minnesota Statutes 1998, section 10A.20, subdivision 3, is amended to read:

Subd. 3. [CONTENTS OF REPORT.] Each report under this section shall disclose:

(a) The amount of liquid assets on hand at the beginning of the reporting period;

(b) The name, and address and employer, or occupation if self-employed, of each individual, and the name and registration number with the board of each lobbyist, political committee, or political fund who within the year has made one or more transfers or donations in kind to the political committee or political fund, including the purchase of tickets for all fund raising efforts, which in aggregate exceed $100 for legislative or statewide candidates or ballot questions, together with the amount and date of each transfer or donation in kind, and the aggregate amount of transfers and donations in kind within the year from each source so disclosed. The report must also contain the employer or occupation, if self-employed, of each listed source who has donated or transferred in aggregate more than $250. A donation in kind shall be disclosed at its fair market value. An approved expenditure is listed as a donation in kind. A donation in kind is considered consumed in the reporting period in which it is received. The names of contributors shall be listed in alphabetical order;

(c) The sum of contributions to the political committee or political fund during the reporting period;

(d) Each loan made or received by the political committee or political fund within the year in aggregate in excess of $100, continuously reported until repaid or forgiven, together with the name, and address, occupation and the principal place of business, if any, of the lender and any endorser and the date and amount of the loan. The report must also contain the employer or occupation, if self-employed, of each lender or endorser of loans within the year in aggregate in excess of $250. If any loan made to the principal campaign committee of a candidate is forgiven at any time or repaid by any entity other than that principal campaign committee, it shall be reported as a contribution for the year in which the loan was made;

(e) Each receipt in excess of $100 not otherwise listed under clauses (b) to (d);

(f) The sum of all receipts of the political committee or political fund during the reporting period;

(g) The name and address of each individual or association to whom aggregate expenditures, including approved expenditures, have been made by or on behalf of the political committee or political fund within the year in excess of $100, together with the amount, date and purpose of each expenditure and the name and address of, and office sought by, each candidate on whose behalf the expenditure was made, identification of the ballot question which the expenditure is intended to promote or defeat, and in the case of independent expenditures made in support of or opposition to a candidate, the name, address and office sought for each such candidate;

(h) The sum of all expenditures made by or on behalf of the political committee or political fund during the reporting period;

(i) The amount and nature of any advance of credit incurred by the political committee or political fund, continuously reported until paid or forgiven. If any advance of credit incurred by the principal campaign committee of a candidate is forgiven at any time by the creditor or paid by any entity other than that principal campaign committee, it shall be reported as a donation in kind for the year in which the advance of credit was incurred;


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(j) The name and address of each political committee, political fund, or principal campaign committee to which aggregate transfers in excess of $100 have been made within the year, together with the amount and date of each transfer;

(k) The sum of all transfers made by the political committee, political fund, or principal campaign committee during the reporting period;

(l) Except for contributions to a candidate or committee for a candidate for office in a municipality as defined in section 471.345, subdivision 1, the name and address of each individual or association to whom aggregate noncampaign disbursements in excess of $100 have been made within the year by or on behalf of a principal campaign committee, political committee, or political fund, together with the amount, date, and purpose of each noncampaign disbursement;

(m) The sum of all noncampaign disbursements made within the year by or on behalf of a principal campaign committee, political committee, or political fund;

(n) The name and address of a nonprofit corporation that provides administrative assistance to a political committee or political fund as authorized by section 211B.15, subdivision 17, together with the type of administrative assistance provided and the aggregate fair market value of each type of assistance provided to the political committee or political fund during the reporting period; and

(o) A report filed under subdivision 2, clause (b), by a political committee or political fund that is subject to subdivision 14, must contain the information required by subdivision 14, if the political committee or political fund has solicited and caused others to make aggregate contributions greater than $5,000 between January 1 of the general election year and the end of the reporting period. This disclosure requirement is in addition to the report required by subdivision 14.

Sec. 21. Minnesota Statutes 1998, section 10A.20, subdivision 5, is amended to read:

Subd. 5. [PREELECTION REPORTS.] In any statewide election any loan, contribution, or contributions from any one source totaling $2,000 or more, or in any legislative election totaling more than $400, received between the last day covered in the last report prior to an election and the election shall be reported to the board in one of the following ways:

(1) in person within 48 hours after its receipt;

(2) by telegram or mailgram within 48 hours after its receipt; or

(3) by certified first class mail sent within 48 hours after its receipt;

(4) by facsimile transmission received by the board within 48 hours after the contribution was received; or

(5) by any other method of electronic transmission approved by the board and received by the board within 48 hours after the contribution was received.

These loans and contributions must also be reported in the next required report.

The 48-hour notice requirement does not apply with respect to a primary if the statewide or legislative candidate is unopposed in that primary.

Sec. 22. Minnesota Statutes 1998, section 10A.20, subdivision 12, is amended to read:

Subd. 12. [FAILURE TO FILE; PENALTY.] The board shall notify by certified mail or personal service any individual who fails to file a statement required by this section. If an individual fails to file a statement due January 31 within seven ten days after receiving a notice was mailed, the board may impose a late filing fee of $5


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per day, not to exceed $100, commencing on the eighth 11th day after receiving the notice was mailed. If an individual fails to file a statement due before any primary or election within three days of the date due, regardless of whether the individual has received any notice, the board may impose a late filing fee of $50 per day, not to exceed $500, commencing on the fourth day after the date the statement was due. The board shall further notify by certified mail or personal service any individual who fails to file any statement within 14 days after receiving a first notice from the board that the individual may be subject to a criminal penalty for failure to file a statement. An individual who knowingly fails to file the statement within seven days after receiving a second notice from the board is guilty of a misdemeanor. The late filing fee may be paid out of the assets of the political committee or fund.

Sec. 23. Minnesota Statutes 1998, section 10A.20, is amended by adding a subdivision to read:

Subd. 15. [EQUITABLE RELIEF.] A candidate whose opponent does not timely file the report due ten days before the general election may petition the district court for immediate equitable relief to enforce the filing requirement. A prevailing party under this subdivision may be awarded attorney fees and costs by the court.

Sec. 24. Minnesota Statutes 1998, section 10A.23, is amended to read:

10A.23 [CHANGES AND CORRECTIONS.]

Subdivision 1. [REPORT.] Any material changes in information previously submitted and any corrections to a report or statement shall be reported in writing to the board within ten days following the date of the event prompting the change or the date upon which the person filing became aware of the inaccuracy. The change or correction shall identify the form and the paragraph containing the information to be changed or corrected. If the board determines that a report or statement is inaccurate or incomplete, the board shall notify by certified mail the person who filed the report or statement of the need to correct it.

Subd. 2. [PENALTY.] If the person fails to file a corrected report or statement within 20 days after: (1) the event prompting the change; (2) the date upon which the person filing became aware of the inaccuracy; or (3) the date the notice was mailed, the board may impose a late filing fee at the rate of $5 a day, not to exceed $100, commencing with the 11th day.

Any person who willfully fails to report a material change or correction is guilty of a gross misdemeanor.

Sec. 25. Minnesota Statutes 1998, section 10A.25, subdivision 2, is amended to read:

Subd. 2. [MAXIMUM EXPENDITURES.] (a) In a year in which an election is held for an office sought by a candidate, No expenditures shall be made by the principal campaign committee of that a candidate, nor any approved expenditures made on behalf of that candidate which expenditures and approved expenditures result in an election cycle in an aggregate amount in excess of the following 120 percent of the amount in clause (5) for a state representative and in clause (4) for a state senator in an election cycle in which the state senator will serve a two-year term; and 160 percent of the amount in clause (1), (2), or (3) for each of the other offices and in clause (4) for a state senator in an election cycle in which the state senator will serve a four-year term:

(1) for governor and lieutenant governor, running together, $1,626,691;

(2) for attorney general, $271,116;

(3) for secretary of state, state treasurer, and state auditor, separately, $135,559;

(4) for state senator, $40,669;

(5) for state representative, $20,335.

(b) If a special election cycle occurs during a general election cycle, expenditures by or on behalf of a candidate in the special election do not count as expenditures by or on behalf of the candidate in the general election.


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(c) The expenditure limits in this subdivision for an office are increased by ten percent for a candidate who is running for that office for the first time and who has not run previously for any other office whose territory now includes a population that is more than one-third of the population in the territory of the new office.

Sec. 26. Minnesota Statutes 1998, section 10A.25, subdivision 2a, is amended to read:

Subd. 2a. [AGGREGATED EXPENDITURES.] If a candidate makes expenditures from more than one principal campaign committee for nomination or election to statewide office in the same election year, the amount of expenditures from all of the candidate's principal campaign committees for statewide office for that election year cycle must be aggregated for purposes of the application of the limits on campaign expenditures under subdivision 2, clauses (a) to (c).

Sec. 27. Minnesota Statutes 1998, section 10A.25, subdivision 10, is amended to read:

Subd. 10. [EFFECT OF OPPONENT'S CONDUCT.] (a) After August 1 in an election year for the office, a candidate who has agreed to be bound by the expenditure limits imposed by this section as a condition of receiving a public subsidy for the candidate's campaign is may choose to be released from the expenditure limits but remains remain eligible to receive a public subsidy if the candidate has an opponent who does has not agree agreed to be bound by the limits and receives has received contributions or makes made or becomes become obligated to make expenditures during that election cycle in excess of the following limits:

(1) up to ten 15 days before the primary election, receipts or expenditures equal to 20 percent of the expenditure limit for that office as set forth in subdivision 2; or

(2) after ten 15 days before the primary election, cumulative receipts or expenditures during that election cycle equal to 50 percent of the expenditure limit for that office as set forth in subdivision 2.

Before the primary election, a candidate's "opponents" are only those who will appear on the ballot of the same party in the primary election.

(b) A candidate who has not agreed to be bound by expenditure limits, or the candidate's principal campaign committee, shall file written notice with the board and provide written notice to any opponent of the candidate for the same office within 24 hours of exceeding the limits in paragraph (a), clause (2). The notice must state only that the candidate or candidate's principal campaign committee has received contributions or made or become obligated to make campaign expenditures in excess of the limits in paragraph (a), clause (2).

(c) Upon receipt of the notice the, a candidate who has agreed to be bound by the limits is may file with the board a notice that the candidate chooses to be no longer bound by the expenditure limits. A notice of a candidate's choice not to be bound by the expenditure limits that is based on the conduct of an opponent in the state primary election may not be filed more than one day after the state canvassing board has declared the results of the state primary.

(d) A candidate who has agreed to be bound by the expenditure limits imposed by this section and whose opponent in the general election has chosen, as provided in paragraph (c), not to be bound by the expenditure limits because of the conduct of an opponent in the primary election is no longer bound by the limits but remains eligible to receive a public subsidy.

(e) If a candidate chooses under this subdivision not to be bound by the expenditure limits, the candidate is also released from any limits on the amount of personal contributions to the candidate's own campaign.

Sec. 28. Minnesota Statutes 1998, section 10A.265, is amended to read:

10A.265 [FREEDOM TO ASSOCIATE AND COMMUNICATE.]

Nothing in this chapter shall be construed as abridging the right of an association to communicate with its members. Corporations, limited liability companies, and nonprofit corporations may communicate in writing directly with their members, employees, and shareholders in support of or in opposition to the election of particular candidates without any expenditure being allocated to a candidate for purposes of the limits in section 10A.25.


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Sec. 29. Minnesota Statutes 1998, section 10A.27, subdivision 1, is amended to read:

Subdivision 1. [CONTRIBUTION LIMITS.] Except as provided in subdivision 2, no candidate shall permit the candidate's principal campaign committee to accept aggregate contributions made or delivered by any individual, political committee, or political fund in excess of the following:

(a) to candidates for governor and lieutenant governor running together, $2,000 $3,500 in an election year for the office sought and $500 in other years an election cycle;

(b) to a candidate for attorney general, $1,000 $1,600 in an election year for the office sought and $200 in other years an election cycle;

(c) to a candidate for the office of secretary of state, state treasurer or state auditor, $500 $800 in an election year for the office sought and $100 in other years an election cycle;

(d) to a candidate for state senator, $500 in an election year for the office sought and $100 in other years $800 for a four-year term and $600 for a two-year term; and

(e) to a candidate for state representative, $500 $600 in an election year for the office sought and $100 in the other year an election cycle.

The following deliveries are not subject to the bundling limitation in this subdivision:

(1) delivery of contributions collected by a member of the candidate's principal campaign committee, such as a block worker or a volunteer who hosts a fund raising event, to the committee's treasurer; and

(2) a delivery made by an individual on behalf of the individual's spouse.

Sec. 30. Minnesota Statutes 1998, section 10A.27, subdivision 9, is amended to read:

Subd. 9. [TRANSFERS AMONG COMMITTEES; CONTRIBUTIONS FROM CERTAIN CANDIDATES.] (a) A candidate or the treasurer of a candidate's principal campaign committee shall not accept a transfer or contribution from another candidate's principal campaign committee or from any other committee bearing the contributing candidate's name or title or otherwise authorized by the contributing candidate, unless the contributing candidate's principal campaign committee is being dissolved. A candidate's principal campaign committee shall not make a transfer or contribution to another candidate's principal campaign committee, except when the contributing committee is being dissolved. The contributing committee must provide with the contribution a written statement of the committee's intent to dissolve and terminate its registration by the end of that calendar year. If the committee fails to dissolve and terminate its registration by that time, a civil penalty equal to the size of the contribution subject to the amount remaining in the committee's treasury may be levied against the contributing committee.

(b) A candidate's principal campaign committee shall not accept a transfer or contribution from, or make a transfer or contribution to, a committee associated with a person who seeks nomination or election to the office of President, Senator, or Representative in Congress of the United States.

(c) A candidate or the treasurer of a candidate's principal campaign committee shall not accept a contribution from a candidate for political subdivision office, unless the contribution is from the personal funds of the candidate for political subdivision office. A candidate or the treasurer of a candidate's principal campaign committee shall not make a contribution from the principal campaign committee to a candidate for political subdivision office.

Sec. 31. Minnesota Statutes 1998, section 10A.27, subdivision 10, is amended to read:

Subd. 10. [PROHIBITED CONTRIBUTIONS.] A candidate who accepts a public subsidy may not contribute to the candidate's own campaign more than ten times the candidate's election year contribution limit under subdivision 1, except that a candidate who terminates the candidate's principal campaign committee may contribute to the committee an amount necessary to pay all or part of the debts of the committee.


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Sec. 32. Minnesota Statutes 1998, section 10A.275, subdivision 1, is amended to read:

Subdivision 1. [EXCEPTIONS.] Notwithstanding any other provisions of this chapter, the following expenditures by a state political party, a party unit, or two or more party units acting together, with at least one party unit being either: the state party organization or the party organization within a congressional district, county, or legislative district, shall not be considered contributions to or expenditures on behalf of any candidate for the purposes of section 10A.25 or 10A.27, and shall not be allocated to any candidates pursuant to section 10A.22, subdivision 5:

(a) expenditures on behalf of candidates of that party generally without referring to any of them specifically in any advertisement published, posted or broadcast;

(b) expenditures for the preparation, display, mailing or other distribution of an official party sample ballot listing the names of three or more individuals whose names are to appear on the ballot;

(c) expenditures for any telephone conversation including the names of three or more individuals whose names are to appear on the ballot;

(d) expenditures for any political party fundraising effort on behalf in the name of three or more candidates whose names are to appear on the ballot if each of the candidates receives a proportionately equal portion of the expenditure; or

(e) expenditures for party committee staff member services or consultants that benefit three or more candidates.

For purposes of clause (b), "sample ballot" means an advertisement or brochure containing the names of the candidates and offices sought, the words "sample ballot," the identification of the political party, and required disclaimers and, optionally, photographs of the candidates, address information necessary for distributing the ballot, and voter information such as voter registration or precinct location information. Any additional information included with the sample ballot must be allocated among the candidates as campaign expenditures.

Sec. 33. Minnesota Statutes 1998, section 10A.29, is amended to read:

10A.29 [CIRCUMVENTION PROHIBITED.]

Any attempt by an individual or association to circumvent the provisions of this chapter by redirecting funds or giving a gift through, or contributing funds or giving a gift on behalf of, another individual or association is a gross misdemeanor.

Sec. 34. Minnesota Statutes 1998, section 10A.31, subdivision 7, is amended to read:

Subd. 7. [DISTRIBUTION OF GENERAL ACCOUNT.] (a) Within two weeks after certification by the state canvassing board of the results of the general election, the board shall distribute the available funds in the general account, as certified by the commissioner of revenue on November 1 and according to allocations set forth in subdivision 5, in equal amounts to all candidates for each statewide office who received at least five percent of the votes cast in the general election for that office, and to all candidates for legislative office who received at least ten percent of the votes cast in the general election for the specific office for which they were candidates, provided that the public subsidy under this subdivision may not be paid in an amount that would cause the sum of the public subsidy paid from the party account plus the public subsidy paid from the general account and the public subsidy paid to match independent expenditures to exceed 50 percent of the expenditure limit for the candidate. If a candidate is entitled to receive an opponent's share of the general account public subsidy under section 10A.25, subdivision 10, the opponent's share must be excluded in calculating the 50 percent limit. Money from the general account not paid to a candidate because of the 50 percent limit must be distributed equally among all other qualifying candidates for the same office until all have reached the 50 percent limit or the balance in the general account is exhausted. The board shall not use the information contained in the report of the principal campaign committee of any candidate due ten days before the general election for the purpose of reducing the amount due that candidate from the general account.


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(b) If a candidate has not yet filed a campaign finance report required by section 10A.20, subdivision 2, or the candidate owes money to the board, the board shall pay that candidate's public subsidy into an escrow account until the report has been filed or the debt has been paid, whichever applies. If the report has not been filed or the debt paid to the board by the end of the fiscal year, the subsidy shall be applied to the debts owed by the candidate to the board and any remaining amount shall be returned to the general fund in the state treasury.

Sec. 35. Minnesota Statutes 1998, section 10A.31, subdivision 10, is amended to read:

Subd. 10. [DISTRIBUTION.] In the event that on the date of either certification by the commissioner of revenue as provided in subdivisions 6 and 7, less than 98 percent of the tax returns have been processed, the commissioner of revenue shall certify to the board by December 1 the amount accumulated in each account since the previous certification. By December 15, the board shall distribute to each candidate according to the allocations as provided in subdivision 5 the amounts to which the candidates are entitled in the form of checks made "payable to the campaign fund of ......(name of candidate)......." A check may include as an additional payee a financial institution named by the candidate in a notice filed with the board at least ten days before the payment was due to be made. Any money accumulated after the final certification shall be maintained in the respective accounts for distribution in the next general election year.

Sec. 36. Minnesota Statutes 1998, section 10A.315, is amended to read:

10A.315 [SPECIAL ELECTION SUBSIDY.]

(a) Each eligible candidate for a legislative office in a special election must be paid a public subsidy equal to the sum of:

(1) the party account money at the last general election for the candidate's party for the office the candidate is seeking; and

(2) the general account money paid to candidates for the same office at the last general election.

(b) If the filing period for the special election coincides with the filing period for the general election, the candidate must meet the matching requirements of section 10A.323 and the special election subsidy must be distributed in the same manner as money is distributed to legislative candidates in a general election.

(c) If the filing period for the special election does not coincide with the filing period for the general election, the procedures in this paragraph apply. A candidate who wishes to receive this public subsidy must submit a signed agreement under section 10A.322 to the board not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office. The candidate must meet the matching requirements of section 10A.323, except that the candidate may count contributions received during the 45 days immediately preceding the special election, other than contributions the candidate has previously included on an affidavit of match for another election. The special election subsidy must be distributed in the same manner as money in the party and general accounts is distributed to legislative candidates in a general election.

(d) The amount necessary to make the payments required by this subdivision is appropriated from the general fund to the state treasurer board.

Sec. 37. Minnesota Statutes 1998, section 10A.322, subdivision 1, is amended to read:

Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) As a condition of receiving a public subsidy, a candidate shall sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25 and 10A.324.


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(b) Before the first day of filing for office, the board shall forward agreement forms to all filing officers. The board shall also provide agreement forms to candidates on request at any time. The candidate may sign an agreement and submit it to the filing officer on the day of filing an affidavit of candidacy or petition to appear on the ballot, in which case the filing officer shall without delay forward signed agreements to the board. Alternatively, the candidate may submit the agreement directly to the board at any time before September August 1 preceding the general election. An agreement may not be filed after that date. An agreement once filed may not be rescinded.

(c) The board shall forward a copy of any agreement signed under this subdivision to the commissioner of revenue.

(d) Notwithstanding any provisions of this section, when a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement at any time before the deadline for submission of a signed agreement under section 10A.315.

(e) A candidate who fills a vacancy in nomination that occurs after the deadline in paragraph (b) may file a spending limit agreement no later than the day after the candidate fills the vacancy.

Sec. 38. Minnesota Statutes 1998, section 10A.322, subdivision 4, is amended to read:

Subd. 4. [REFUND RECEIPT FORMS; PENALTY.] The board shall make available to a political party as defined in section 290.06, subdivision 23, on request and to any candidate for whom an agreement under this section is effective, a supply of official refund receipt forms that state in boldface type that (1) a contributor who is given a receipt form is eligible to claim a refund as provided in section 290.06, subdivision 23, and (2) if the contribution is to a candidate, that the candidate has signed an agreement to limit campaign expenditures as provided in this section. The forms must provide duplicate copies of the receipt to be attached to the contributor's claim. A candidate who does not sign an agreement under this section and who willfully issues an official refund receipt form or a facsimile of one to any of the candidate's contributors is guilty of a misdemeanor. A principal campaign committee or party unit shall return to the board with its termination report or destroy any official receipt forms that have not been issued.

Sec. 39. Minnesota Statutes 1998, section 10A.324, subdivision 1, is amended to read:

Subdivision 1. [WHEN RETURN REQUIRED.] A candidate shall return all or a portion of the public subsidy received from the state elections campaign fund or the public matching subsidy received under section 10A.315, under the circumstances in this section or section 10A.25, subdivision 11.

(a) To the extent that the amount of public subsidy received by the candidate exceeds the expenditure limits for the office held or sought, as provided in section 10A.25 and as adjusted by section 10A.255, the treasurer of the candidate's principal campaign committee shall return the excess to the board.

(b) To the extent that the amount of public subsidy received exceeds the aggregate of: (1) actual expenditures made by the principal campaign committee of the candidate; and (2) approved expenditures made on behalf of the candidate, the treasurer of the candidate's principal campaign committee shall return an amount equal to the difference to the board.

(b) If the board determines that a candidate has filed an affidavit of matching contributions under section 10A.323 that is not supported by the campaign finance reports filed by the candidate under section 10A.20, that the amount in the affidavit exceeds the amount reported in the campaign finance report, and that the amount reported in the campaign finance report is less than the amount required under section 10A.323 to be eligible for a public subsidy under section 10A.31, the board shall notify the treasurer of the candidate's principal campaign committee, withhold any public subsidy not yet paid to the candidate, and demand return of any public subsidy paid to the candidate for that election cycle. The treasurer shall return the entire public subsidy to the board.


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Sec. 40. Minnesota Statutes 1998, section 10A.34, is amended to read:

10A.34 [REMEDIES.]

Subdivision 1. [PERSONAL LIABILITY.] A person charged with a duty under sections 10A.02 to 10A.34 shall be this chapter is personally liable for the penalty for failing to discharge it, except that the treasurer or other officer of a political committee is not personally responsible for violations of this chapter and the candidate is personally responsible for violations by the treasurer and other officers of the political committee.

Subd. 1a. [LATE FILING FEES.] The board may bring an action in the district court in Ramsey county to recover any late filing fee or civil penalty imposed or public subsidy paid pursuant to any provision of this chapter. All money recovered shall be deposited in the general fund of the state.

Subd. 2. [INJUNCTION.] The board or a county attorney may seek an injunction in the district court to enforce the provisions of sections 10A.02 to 10A.34 this chapter.

Subd. 3. [NOT A CRIME.] Unless otherwise provided, a violation of sections 10A.02 to 10A.34 this chapter is not a crime but is subject to a civil penalty imposed by the board in an amount up to $300.

Subd. 4. [AWARD OF COSTS.] If the board prevails in an action to enforce this chapter, the board may request and the court may award to the board its costs, disbursements, reasonable attorney fees, and witness fees.

Subd. 5. [PENALTY FOR FALSE COMPLAINTS.] A person who knowingly makes a false or bad faith complaint or report of an alleged violation of this chapter is subject to a civil penalty imposed by the board of up to $300.

Sec. 41. Minnesota Statutes 1998, section 200.02, subdivision 7, is amended to read:

Subd. 7. [MAJOR POLITICAL PARTY.] "Major political party" means a political party that maintains a party organization in the state, political division or precinct in question and:

(a) which has presented at least one candidate for election to a partisan the office of governor or senator in Congress at the last preceding state general election, which candidate received votes in each county in that election and received votes from not less than five percent of the total number of individuals who voted in that election; or

(b) whose members present to the secretary of state a petition for a place on the state partisan primary ballot, which petition contains signatures of a number of the party members equal to at least five percent of the total number of individuals who voted in the preceding state general election.

Sec. 42. Minnesota Statutes 1998, section 211A.02, subdivision 2, is amended to read:

Subd. 2. [INFORMATION REQUIRED.] The report to be filed by a candidate or committee must include:

(1) the name of the candidate or ballot question;

(2) the name and address of the person responsible for filing the report;

(3) the total amount of receipts and expenditures for the period from the last previous report to five days before the current report is due;

(4) the purpose for each expenditure; and

(5) the name of any individual or committee that during the year has made one or more contributions that in the aggregate are equal to or greater more than $500 $100.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 828

Sec. 43. Minnesota Statutes 1998, section 211B.15, subdivision 6, is amended to read:

Subd. 6. [PENALTY FOR INDIVIDUALS.] (a) An officer, manager, stockholder, member, agent, employee, attorney, or other representative of a corporation acting in behalf of the corporation who intentionally violates this section by making a prohibited contribution, not including a contribution of money, with a value less than $5,000 may be fined an amount not more than four times the value of the prohibited contribution.

(b) An officer, manager, stockholder, member, agent, employee, attorney, or other representative of a corporation acting in behalf of the corporation who intentionally violates this section by making a prohibited contribution with a value in excess of $5,000 or who makes a prohibited contribution of money may be fined not more than $20,000 or be imprisoned for not more than five years, or both.

Sec. 44. Minnesota Statutes 1998, section 211B.15, subdivision 7, is amended to read:

Subd. 7. [PENALTY FOR CORPORATIONS.] A corporation convicted of intentionally violating this section by making a prohibited contribution, not including a contribution of money, is subject to a fine of not more than four times the value of the prohibited contribution but not greater than $40,000 $20,000. A convicted domestic corporation convicted of making a prohibited contribution in excess of $5,000 or a prohibited contribution of money may be dissolved as well as fined up to $40,000. If a foreign or nonresident corporation is convicted of making a prohibited contribution in excess of $5,000 or a prohibited contribution of money, in addition to being fined up to $40,000, its right to do business in this state may be declared forfeited.

Sec. 45. Minnesota Statutes 1998, section 211B.15, subdivision 17, is amended to read:

Subd. 17. [NONPROFIT CORPORATION POLITICAL ACTIVITY ADMINISTRATIVE SUPPORT.] It is not a violation of this section for a nonprofit corporation or limited liability company to provide administrative assistance to one political committee or political fund that is associated with the nonprofit corporation or limited liability company and registered with the campaign finance and public disclosure board under section 10A.14. Such Administrative assistance must be limited to includes accounting, clerical or legal services, bank charges, utilities, office space, and supplies, and the expenses of soliciting donations to the political committee or political fund. The records of the political committee or political fund may be kept on the premises of the nonprofit corporation or limited liability company.

The administrative assistance provided by the nonprofit corporation or limited liability company to the political committee or political fund is limited annually to the lesser greater of $5,000 or 7-1/2 percent of the expenditures of the political committee or political fund.

Sec. 46. Minnesota Statutes 1998, section 211B.15, is amended by adding a subdivision to read:

Subd. 18. [PENALTY FOR FALSE COMPLAINTS.] A person who intentionally makes a false or bad faith complaint or report of an alleged violation of this section is liable for the costs of defense of a party against whom the complaint is made in an amount not to exceed $300.

Sec. 47. Minnesota Statutes 1998, section 290.06, subdivision 23, is amended to read:

Subd. 23. [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the amount of the taxpayer's contributions made in the calendar year to candidates and to any political party. The maximum refund for an individual must not exceed $50 and, for a married couple filing jointly, must not exceed $100. A refund of a contribution is allowed only if the taxpayer files a form required by the commissioner and attaches to the form a copy of an official refund receipt form issued by the candidate or party and signed by the candidate, the treasurer of the candidate's principal campaign committee, or the party chair, after the contribution was received. The amount of the refund must be equal to the amount recorded on the official refund receipt form issued by the candidate or party and signed by the candidate, the treasurer of the candidate's principal campaign committee, or the party chair, after the contribution was received, regardless of the cost of food, beverage,


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 829

entertainment, or facility rental associated with soliciting, raising, or accepting the contribution. The receipt forms must be numbered, and the data on the receipt that are not public must be made available to the campaign finance and public disclosure board upon its request. A claim must be filed with the commissioner not sooner than January 1 of the calendar year in which the contribution is made and no later than April 15 of the calendar year following the calendar year in which the contribution is made. A taxpayer may file only one claim per calendar year. Amounts paid by the commissioner after June 15 of the calendar year following the calendar year in which the contribution is made must include interest at the rate specified in section 270.76.

(b) No refund is allowed under this subdivision for a contribution to any candidate unless the candidate:

(1) has signed an agreement to limit campaign expenditures as provided in section 10A.322 or 10A.43;

(2) is seeking an office for which voluntary spending limits are specified in section 10A.25 or 10A.43; and

(3) has designated a principal campaign committee.

This subdivision does not limit the campaign expenditure of a candidate who does not sign an agreement but accepts a contribution for which the contributor improperly claims a refund.

(c) For purposes of this subdivision, "political party" means a major political party as defined in section 200.02, subdivision 7, or a minor political party qualifying for inclusion on the income tax or property tax refund form under section 10A.31, subdivision 3a.

A "major or minor party" includes the aggregate of the party organization within each house of the legislature, the state party organization, and the party organization within congressional districts, counties, legislative districts, municipalities, and precincts.

"Candidate" means a congressional candidate as defined in section 10A.41, subdivision 4, or a candidate as defined in section 10A.01, subdivision 5, except a candidate for judicial office.

"Contribution" means a gift of money.

(d) The commissioner shall make copies of the form available to the public and candidates upon request.

(e) The following data collected or maintained by the commissioner under this subdivision are private: the identities of individuals claiming a refund, the identities of candidates to whom those individuals have made contributions, and the amount of each contribution.

(f) The commissioner shall report to the campaign finance and public disclosure board by August 1 of each year a summary showing the total number and aggregate amount of political contribution refunds made on behalf of each candidate and each political party. These data are public.

(g) The amount necessary to pay claims for the refund provided in this section is appropriated from the general fund to the commissioner of revenue.

Sec. 48. Minnesota Statutes 1998, section 471.895, is amended to read:

471.895 [CERTAIN GIFTS BY INTERESTED PERSONS PROHIBITED.]

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

(b) "Gift" has the meaning given it in section 10A.071, subdivision 1.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 830

(c) "Interested person" means a person or a representative of a person or association that has a direct financial interest in a decision that a the local official receiving a gift from the person is authorized to make. To be "direct," the financial interest of the giver must be of greater consequence to the giver than the general interest of other residents or taxpayers of the official's governmental unit.

(d) "Local governmental unit" means a county or a statutory or home rule charter city.

(e) "Local official" means an elected or appointed official of a county or city or of an agency, authority, or instrumentality of a county or city.

Subd. 2. [PROHIBITION.] An interested person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person.

Subd. 3. [EXCEPTIONS.] (a) The prohibitions in this section do not apply if the gift is:

(1) a contribution as defined in section 10A.01, subdivision 7, or 211A.01, subdivision 5, or as defined by federal law for contributions to candidates for federal offices;

(2) services to assist an the official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque, framed certificate, or similar memento recognizing individual services in a field of specialty or to a charitable cause;

(5) a trinket or memento of insignificant value;

(6) informational material of unexceptional insignificant value or that will assist the official in the performance of official duties; or

(7) food or a beverage given at a reception, meal, or meeting away from the recipient's place of work offices of the governmental entity in which the recipient official holds office by an organization before whom the recipient appears to make a speech or answer questions as part of a program., even if the meeting or program would have taken place without the attendance of a particular speaker or participant in a group presentation or session and reasonable expenses for travel within Minnesota and lodging for no more than one night actually incurred and necessary for participation in the program; or

(8) a gift of no more than $100 in value given at a significant family event that does not take place on an annual basis, such as a wedding or graduation, by an individual with whom there has been a history of gift exchanges and who personally paid for the gift without seeking business reimbursement or a tax deduction and did not give the same or similar gifts to anyone who was not attending the significant family event.

(b) The prohibitions in this section do not apply if the gift is given:

(1) because of the recipient's membership in a group, a majority of whose members are not local officials, and an equivalent gift is given or offered to the other members of the group; or

(2) by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds, to participants in a conference, seminar, meeting, or trip sponsored by that organization, if an equivalent gift is given or offered to all other participants, even if the gift to the local official was made possible by a gift to the organization by an interested person;

(3) to a local official attending the national convention of a major political party or the inauguration of the president of the United States;


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 831

(4) by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family.; or

(5) to a local official who acts only as the agent for the giver in making a gift to a foreign dignitary.

(c) The prohibitions in this section do not apply to an employer that makes a gift or provides a meal in the normal course of employment to an official who is an employee to the extent that all other employees are entitled to the same benefits.

Subd. 4. [RETURN OF GIFT.] A local official who accepts a gift in a good faith belief that it is lawful and returns it or gives consideration of equal or greater value for it promptly upon learning that it was not lawful is not subject to a penalty for violating this section.

Subd. 5. [CIRCUMVENTION PROHIBITED.] Any attempt by an individual or association to circumvent this section by making a gift through or on behalf of another individual or association is a misdemeanor.

Subd. 6. [REMEDIES.] A county attorney may seek an injunction in the district court to enforce this section. Unless otherwise provided, a violation of this section is not a crime.

Sec. 49. [REPEALER.]

Minnesota Statutes 1998, sections 10A.09, subdivision 3; and 10A.25, subdivisions 4, 6, and 13, are repealed.

Sec. 50. [EFFECTIVE DATE.]

Section 10 is effective the day following final enactment and applies to complaints pending with the board on, or filed on or after, that date.

Section 19 is effective August 1, 1999, and applies to committees and funds established before, on, or after that date, but does not require disclosure of contributions or expenditures made before that date.

Sections 26, 27, and 30 are effective for the elections in 2002 and thereafter."

Delete the title and insert:

"A bill for an act relating to campaign finance; clarifying terms; changing filing, reporting, and recordkeeping provisions; facilitating reports of last-minute contributions; clarifying campaign finance and economic interest reporting requirements; requiring registration and reporting by inaugural, legal, defense, and other committees that benefit certain incumbents; changing certain limits, procedures, and deadlines; requiring return of public subsidies under certain conditions; clarifying certain definitions and prohibitions; providing equitable relief; clarifying and authorizing exceptions to the ban on gifts; authorizing certain refunds; limiting liability for penalties; providing civil penalties and clarifying criminal penalties; modifying the definition of major political party; removing obsolete language; amending Minnesota Statutes 1998, sections 10A.01, subdivisions 4, 7, and 18; 10A.03, subdivision 3; 10A.04, subdivisions 5 and 7; 10A.065, subdivisions 1, 3, and by adding a subdivision; 10A.071; 10A.08; 10A.09, subdivisions 5 and 7; 10A.14, subdivision 4; 10A.15, subdivisions 3, 5, and by adding a subdivision; 10A.19, by adding a subdivision; 10A.20, subdivisions 3, 5, 12, and by adding a subdivision; 10A.23; 10A.25, subdivisions 2, 2a, and 10; 10A.265; 10A.27, subdivisions 1, 9, and 10; 10A.275, subdivision 1; 10A.29; 10A.31, subdivisions 7 and 10; 10A.315; 10A.322, subdivisions 1 and 4; 10A.324, subdivision 1; 10A.34; 200.02, subdivision 7; 211A.02, subdivision 2; 211B.15, subdivisions 6, 7, 17, and by adding a subdivision; 290.06, subdivision 23; and 471.895; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 1998, sections 10A.09, subdivision 3; and 10A.25, subdivisions 4, 6, and 13."

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 832

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

H. F. No. 480, A bill for an act relating to human services; authorizing a project to reconfigure two intermediate care facilities for persons with mental retardation located in Carver county.

Reported the same back with the following amendments:

Page 1, line 11, delete "ICF/MR" and insert "ICFs/MR"

Page 1, line 14, delete "ICF/MR" and insert "ICFs/MR"

Page 1, line 15, delete the first "ICF/MR" and insert "ICFs/MR"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

The report was adopted.

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

H. F. No. 640, A bill for an act relating to mental health; modifying membership, duties, and reporting requirements for the state advisory council on mental health; amending Minnesota Statutes 1998, section 245.697.

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. 819, A bill for an act relating to education; modifying requirements for certain English as a second language programs; amending Minnesota Statutes 1998, sections 124D.52, by adding a subdivision; and 124D.53, subdivision 2.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Family and Early Childhood Education Finance without further recommendation.

The report was adopted.

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

H. F. No. 834, A bill for an act relating to human services; creating adult mental illness crisis housing; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 245; repealing Minnesota Statutes 1998, section 462A.208.

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.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 833

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

H. F. No. 879, A bill for an act relating to governmental operations; providing for regulatory relief for local units of government; proposing coding for new law in Minnesota Statutes, chapter 14.

Reported the same back with the following amendments:

Page 1, line 16, after "(1)" insert "significant"

Page 1, line 23, delete "14.14 or 14.22" and insert "14.389"

Page 2, line 2, after the period, insert "If the agency intends to amend or repeal the rule in the manner requested by the petitioner, the agency must use the process under section 14.389 to amend or repeal the rule."

Page 2, line 5, after "judge" insert ", who was not involved in the rule being petitioned,"

Page 2, line 9, before the period, insert "within ten days of receipt of the agency request"

Page 2, line 28, delete everything after "upon" and insert "the next adjournment of an annual legislative session after the administrative law judge's decision"

Page 2, line 29, delete everything before the comma

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

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

H. F. No. 912, A bill for an act relating to human services; redefining geographic groups for medical assistance reimbursement purposes; authorizing the commissioner of human services to negotiate rate increases with certain nursing facilities under certain circumstances; appropriating money; amending Minnesota Statutes 1998, section 256B.431, subdivision 2b, and by adding a subdivision.

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.

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

H. F. No. 960, A bill for an act relating to state lands; authorizing commissioner of human services to sell certain surplus state land to the Bloomington housing and redevelopment authority; appropriating money.

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.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 834

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

H. F. No. 973, A bill for an act relating to education; amending the name of the Lola and Rudy Perpich Minnesota center for arts education; amending Laws 1996, chapter 412, article 9, section 19.

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

The report was adopted.

Workman from the Committee on Transportation Policy to which was referred:

H. F. No. 1046, A bill for an act relating to drivers' licenses; imposing disqualification and civil penalties on commercial motor vehicle operator for violating out-of-service order; allocating penalty proceeds; amending Minnesota Statutes 1998, section 171.165, by adding subdivisions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 171.165, is amended by adding a subdivision to read:

Subd. 4a. [VIOLATION OF OUT-OF-SERVICE ORDER.] (a) The commissioner shall disqualify a person from operating a commercial motor vehicle for not less than:

(1) 90 days nor more than one year if the operator is convicted of a first violation of an out-of-service order;

(2) one year nor more than five years if, during any ten-year period, the operator is convicted of two violations of out-of-service orders in separate incidents; and

(3) three years nor more than five years if, during any ten-year period, the operator is convicted of three or more violations of out-of-service orders in separate incidents.

(b) The commissioner shall notify the commissioner of transportation of each disqualification under this subdivision.

Sec. 2. Minnesota Statutes 1998, section 221.036, subdivision 3, is amended to read:

Subd. 3. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The commissioner may issue an order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.041, subdivision 3; 221.081; 221.141; 221.151; or 221.171, or rules of the board or commissioner relating to motor carrier operations, insurance, or tariffs and accounting, identified during a single inspection, audit, or investigation.

(b) The commissioner may issue an order assessing a penalty up to a maximum of $10,000 for all violations of section 221.033, subdivision 2b, or 221.035, and rules adopted under those sections, identified during a single inspection or audit.

(c) In determining the amount of a penalty, the commissioner shall consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water, land, or other natural resources of the state;


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 835

(3) the history of past violations, including the similarity of the most recent violation and the violation to be penalized, the time elapsed since the last violation, the number of previous violations, and the response of the person to the most recent violation identified;

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

(5) other factors as justice may require, if the commissioner specifically identifies the additional factors in the commissioner's order.

(d) The commissioner shall assess a penalty of not less than $1,000 for a driver who is convicted of a violation of an out-of-service order. The commissioner shall assess a penalty of not more than $10,000 to an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order."

Delete the title and insert:

"A bill for an act relating to motor vehicles; requiring commissioner of public safety to impose commercial driver's license disqualifications for violations of an out-of-service order; requiring commissioner of transportation to impose civil penalties for violations of an out-of-service order; amending Minnesota Statutes 1998, sections 171.165, by adding a subdivision; and 221.036, subdivision 3."

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

The report was adopted.

Workman from the Committee on Transportation Policy to which was referred:

H. F. No. 1053, A bill for an act relating to traffic regulations; modifying provisions regulating disability parking; abolishing certain credit for vehicle registration fee; specifically authorizing statutory and home rule charter cities to enact ordinances regulating long-term parking; amending Minnesota Statutes 1998, sections 168.021, subdivision 2; 169.345; and 169.346, subdivision 3, and by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 23, after the second comma, insert "subdivision 1,"

Page 1, delete line 25

Delete page 2, line 31 to page 4, line 6, and insert:

"Sec. 3. Minnesota Statutes 1998, section 169.345, subdivision 3, is amended to read:"

Page 5, after line 23, insert:

"Sec. 4. Minnesota Statutes 1998, section 169.345, subdivision 4, is amended to read:"

Page 6, after line 31, insert:

"Sec. 7. [APPROPRIATION.]

(a) $138,000 is appropriated in fiscal year 2000 and $40,000 is appropriated in fiscal year 2001 from the highway user tax distribution fund to the commissioner of public safety for computer programming and staffing for disabled parking records management and enforcement.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 836

(b) Of this appropriation, $98,000 the first year is for computer programming and may not be added to the agency's budget base."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 6, after the semicolon, insert "appropriating money;"

Page 1, line 8, after "169.345" insert ", subdivisions 1, 3, and 4"

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

The report was adopted.

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

H. F. No. 1058, A bill for an act relating to higher education; private business, trade, and correspondence schools; requiring legislative committee review of Minnesota Statutes, chapter 141, to address changes in technology; authorizing the operation of training firms; amending Minnesota Statutes 1998, sections 141.21, subdivisions 3, 6, and by adding subdivisions; 141.22; 141.25, subdivision 9a; 141.28, subdivisions 1 and 3; 141.29; 141.30; and 141.35; proposing coding for new law in Minnesota Statutes, chapters 3; and 141.

Reported the same back with the following amendments:

Page 12, line 18, delete "established by" and insert "of $250 for a training firm with one to five employees. The fee is $500 for a training firm with five to 20 employees. For a training firm with more than 20 employees, the fee is $750."

Page 12, delete lines 19 and 20

Page 12, line 23, delete "established by the" and insert "of $100 for a training firm with one to five employees. For a training firm with five to 20 employees, the fee is $150. For a training firm with more than 20 employees, the fee is $250."

Page 12, delete lines 24 and 25

Page 14, after line 24, insert:

"Sec. 19. [EFFECTIVE DATE.]

This act is effective the day following final enactment. Any training firm, as defined by this act, that is in the application process for licensure as a school, or that has been licensed as a school in order to comply with the school licensing requirements of Minnesota Statutes, chapter 141, is only required to comply with the provisions of this act relating to training firms. All fees paid to the office by the training firm during 1999, for licensure as a school, will be credited by the office and applied to registration fees established by section 17. Any remaining balances carry forward to the subsequent years' renewal fees."

With the recommendation that when so amended the bill be re-referred to the Committee on Higher Education Finance without further recommendation.

The report was adopted.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 837

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

H. F. No. 1086, A bill for an act relating to appropriations; rescinding authority for the purchase of 800 MHz radio.

Reported the same back with the following amendments:

Page 1, line 13, after "made" insert "with general fund money"

With the recommendation that when so amended the bill be re-referred to the Committee on Local Government and Metropolitan Affairs without further recommendation.

The report was adopted.

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

H. F. No. 1277, A bill for an act relating to the environment; modifying provisions relating to wastewater treatment; appropriating money; amending Minnesota Statutes 1998, sections 115.07; 116.16, subdivision 2; and 116.182, subdivision 4.

Reported the same back with the following amendments:

Page 2, line 8, after "source" insert "or any change or modification to them"

Page 2, line 10, after "any" insert "proposed"

Page 2, line 11, delete everything after "system" and insert a comma

Page 2, delete lines 12 to 17 and insert "or change or modification to them, must be the most cost-effective alternative or innovative technology feasible for meeting the municipality's waste treatment needs."

Page 2, line 29, before "MUNICIPALITY" insert "AGENCY REVIEW OF"

Page 2, line 30, before the comma, insert "by a municipality" and delete "any municipality that"

Page 2, delete lines 31 to 36 and insert "any person submitting a report to a municipality under section 429.031, subdivision 1, that a proposed wastewater treatment or disposal facility is necessary and feasible must also file the report with the agency for review and certification. The agency must find that the disposal system or modification to it proposed by the report is the most cost-effective alternative or innovative technology for meeting the municipality's wastewater needs."

Page 3, delete lines 1 to 23 and insert:

"(b) The agency must give public notice of the filing of any report submitted for review and certification and consider public comment on whether the disposal system proposed by the report is consistent with the agency's rules governing facilities plans and is the most cost-effective alternative or innovative technology for meeting the municipality's wastewater needs.

(c) The agency may only accept an application for a permit under subdivision 1 for a municipal disposal system which the agency has certified as being the most cost-effective alternative or innovative technology to meet the municipality's wastewater treatment needs. Any application for a disposal system for which certification has not been granted must be rejected as incomplete.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 838

(d) "Most cost-effective alternative or innovative technology" means the most effective technology, system, or method or process for treating wastewater to meet or exceed applicable water quality standards, including nondegradation rules, effluent limitations, and all other narrative standards at the least cost eligible under the water pollution control program in sections 116.16 to 116.19."

Delete page 3, line 29 to page 4, line 2, and insert:

"Subd. 3b. [WAIVER OF PLANS AND SPECIFICATIONS REQUIREMENTS.] The agency has authority to approve by general or areawide permit on a watershed or watershed-basin-wide basis any patented, modular, or standard manufactured alternative sewage treatment system, the total maximum daily loading into the limited water segments of the watershed or watershed basin. The agency may waive the filing of plans and specifications for any standard or manufactured wastewater treatment disposal technology or component thereof which is authorized by a general or areawide permit."

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.

Davids from the Committee on Commerce to which was referred:

H. F. No. 1303, A bill for an act relating to health; establishing a uniform complaint resolution process for health plan companies; establishing an external appeal process; appropriating money; amending Minnesota Statutes 1998, sections 62D.11, subdivision 1; 62M.01; 62M.02, subdivisions 3, 4, 5, 6, 7, 9, 10, 11, 12, 17, 20, 21, and by adding a subdivision; 62M.03, subdivisions 1 and 3; 62M.04, subdivisions 1, 2, 3, and 4; 62M.05; 62M.06; 62M.07; 62M.09, subdivision 3; 62M.10, subdivisions 2, 5, and 7; 62M.12; 62M.15; 62Q.106; 62Q.19, subdivision 5a; 62T.04; 72A.201, subdivisions 4 and 4a; and 256B.692, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 1998, sections 62D.11, subdivisions 1b and 2; 62Q.105; 62Q.11; and 62Q.30; Minnesota Rules, parts 4685.0100, subparts 4 and 4a; and 4685.1700.

Reported the same back with the following amendments:

Page 3, line 14, strike "in"

Page 3, line 15, strike everything before the period

Page 14, line 6, delete "62M.03" and insert "62M.06"

Page 21, line 6, after the comma, insert "or the oral complaint is not resolved by the health plan company within ten days of receiving the complaint,"

Pages 24 to 26, delete section 38 and insert:

"Sec. 38. [62Q.73] [EXTERNAL REVIEW OF ADVERSE DETERMINATIONS.]

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the term defined in this subdivision has the meaning given it.

(b) An adverse determination means:

(1) a complaint decision relating to a health care service or claim made in accordance with section 62Q.67 or an appeal decision made in accordance with section 62Q.68 that is partially or wholly adverse to the complainant; or


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 839

(2) any initial determination not to certify made in accordance with section 62M.05 or an appeal made in accordance with section 62M.06 that does not reverse an initial determination not to certify.

An adverse determination does not include complaints relating to fraudulent marketing practices or agent misrepresentation.

Subd. 2. [RIGHT TO EXTERNAL REVIEW.] (a) Any enrollee or anyone acting on behalf of an enrollee who has received an adverse determination may submit a written request for an external review of the adverse determination.

(b) If an enrollee requests an external review, the health plan company must participate in the external review.

Subd. 3. [CONTRACT.] Pursuant to a request for proposal, the commissioner of administration, in consultation with the commissioners of health and commerce, shall contract with an organization or business entity to provide independent external reviews of all adverse determinations submitted for external review.

Subd. 4. [CRITERIA.] The request for proposal must require that the entity be affiliated with an institution of higher learning and demonstrate:

(1) no conflicts of interest in that it is not owned, a subsidiary of, or affiliated with a health plan company or utilization review organization;

(2) an expertise in dispute resolution;

(3) an expertise in health related law;

(4) an ability to conduct reviews using a variety of procedures depending upon the nature of the dispute;

(5) an ability to provide data to the commissioners of health and commerce on the resolution of reviews; and

(6) an ability to ensure confidentiality of medical records and other enrollee information.

Subd. 5. [PROCESS.] (a) Upon receiving a request for an external review, the joint interagency must provide immediate notice of the review to the enrollee and to the health plan company. Within ten business days of receiving notice of the review, the health plan company and the enrollee must provide the external review entity with any information that they wish to be considered. Each party shall be provided an opportunity to present its version of the facts and arguments. An enrollee may be assisted or represented by a person of the enrollee's choice.

(b) As part of the external review process, an independent medical opinion may be sought or a medical review panel may be established to provide additional technical expertise.

(c) An external review shall be made as soon as practical but in no case later than 40 days after receiving the request for an external review and must promptly send written notice of the decision and the reasons for it to the enrollee and the health plan company.

Subd. 6. [EFFECTS OF EXTERNAL REVIEW.] A decision rendered under this section shall be nonbinding on the enrollee and binding on the health plan company. The health plan company may seek judicial review of the decision on the grounds that the decision was arbitrary and capricious or involved an abuse of discretion.

Subd. 7. [IMMUNITY FROM CIVIL LIABILITY.] A person who participates in an external review by investigating, reviewing materials, providing technical expertise, or rendering a decision shall not be civilly liable for any action that is taken in good faith, that is within the scope of the person's duties, and that does not constitute willful or reckless misconduct.


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Subd. 8. [ATTORNEY FEES.] The commissioner may award attorney fees to the enrollee if the commissioner determines such an award is warranted.

Subd. 9. [DATA PRIVACY.] Any medical record provided for the purpose of conducting an external review shall remain confidential and shall be used only for the purpose of rendering a decision under this section.

Subd. 10. [DATA REPORTING.] (a) The entity conducting the external review must provide the commissioner with the number of reviews heard and a summary of each decision rendered, including its disposition.

(b) The commissioners shall make available to the public, upon request, summary data on the decisions rendered under this section, including the number of reviews heard and decided and the final outcomes."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Policy.

The report was adopted.

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

H. F. No. 1415, A bill for an act relating to natural resources; providing for wolf management; providing criminal penalties; amending Minnesota Statutes 1998, sections 97A.331, by adding a subdivision; and 97B.645; proposing coding for new law in Minnesota Statutes, chapter 97B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 97A.331, is amended by adding a subdivision to read:

Subd. 7. [GRAY WOLF.] (a) A person who takes a gray wolf in violation of the game and fish laws is guilty of a gross misdemeanor.

(b) The restitution value for a gray wolf under section 97A.345 is $250. This amount may be amended by rule.

Sec. 2. Minnesota Statutes 1998, section 97B.645, is amended to read:

97B.645 [GRAY WOLVES.]

Subdivision 1. [USE OF DOGS AND HORSES PROHIBITED; USE OF GUARD ANIMALS.] A person may not use a dog or horse to take a timber gray wolf. A person may use a guard animal to harass, repel, or destroy wolves only as allowed under subdivisions 3, 4, 5, and 6.

Subd. 2. [PERMIT REQUIRED TO SNARE.] A person may not use a snare to take a gray wolf except under a permit from the commissioner.

Subd. 3. [DESTROYING GRAY WOLVES IN DEFENSE OF HUMAN LIFE.] A person may, at any time and without a permit, take a gray wolf in defense of the person's own life or the life of another. A person who destroys a gray wolf under this subdivision must protect all evidence and report the taking to a conservation officer within 48 hours after the gray wolf is killed.

Subd. 4. [HARASSMENT OF GRAY WOLVES.] To discourage gray wolves from contact or association with people and domestic animals, a person may, at any time and without a permit, harass a gray wolf that is within 500 yards of people, buildings, dogs, livestock, or other domestic animals. A gray wolf may not be purposely attracted, tracked, or searched out for the purpose of harassment.


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Subd. 5. [DESTROYING GRAY WOLVES THREATENING LIVESTOCK OR GUARD ANIMALS.] An owner of livestock and guard animals, and the owner's agents, may, at any time and without a permit, shoot a gray wolf when the gray wolf is posing a threat to livestock or a guard animal on property owned, leased, or occupied by the owner. A person who destroys a gray wolf under this subdivision must protect all evidence and report the taking to a conservation officer within 48 hours after the gray wolf is killed.

Subd. 6. [DESTROYING GRAY WOLVES THREATENING DOMESTIC PETS.] An owner of a domestic pet may, at any time and without a permit, shoot a gray wolf when the gray wolf is posing a threat to a domestic pet under the supervision of the owner. A person who destroys a gray wolf under this subdivision must protect all evidence and report the taking to a conservation officer within 48 hours after the gray wolf is killed.

Subd. 7. [INVESTIGATION OF REPORTED GRAY WOLF TAKINGS.] (a) In response to a reported gray wolf taking under subdivision 3, 5, or 6, the commissioner shall:

(1) investigate the reported taking;

(2) collect written and photographic documentation of the circumstances and site of the taking, including but not limited to documentation of animal husbandry practices;

(3) confiscate the remains of the gray wolf killed; and

(4) dispose of any salvageable gray wolf pelt confiscated under this subdivision by sale or donation for educational purposes.

(b) The commissioner shall produce monthly reports of activities under this subdivision.

(c) In response to a verified gray wolf taking under subdivision 5, the commissioner shall notify the county extension agent of the county where the taking occurred. The county extension agent shall recommend what, if any, livestock best management practices and nonlethal wolf depredation controls are needed to prevent future wolf depredation and shall work with the owner to develop a written and signed plan with a reasonable time frame for its implementation. Any best management practices recommended by the county extension agent must be consistent with the best management practices developed by the commissioner of agriculture under section 3.737, subdivision 5.

Subd. 8. [RELEASE OF WOLF-DOG HYBRIDS AND CAPTIVE GRAY WOLVES.] A person may not release wolf-dog hybrids or captive gray wolves.

Subd. 9. [DEFINITIONS.] (a) For purposes of this section, the terms used have the meanings given.

(b) "Guard animal" means a donkey, llama, dog, or other domestic animal specifically bred, trained, and used to protect livestock from gray wolf depredation.

(c) "Threat" means observing a gray wolf in the act of stalking, pursuing, or attacking livestock, a guard animal, or a dog under the supervised control of the owner. A wolf that returns to feed on the carcass of agricultural livestock or a domestic pet previously killed by the wolf or other wolves continues to meet the definition of "threat." Baiting with a carcass other than the carcass of an animal killed by the wolf or other wolves is prohibited.

(d) "Stalking" means to pursue or approach livestock in such a manner as to cause the livestock to be alarmed, take flight, or otherwise alter their normal behavior with respect to feeding, resting, birthing, or breeding.

Sec. 3. [97B.646] [GRAY WOLF MANAGEMENT PLAN.]

The commissioner, in close consultation with the commissioner of agriculture, shall adopt a gray wolf management plan that includes goals to ensure the long-term survival of the gray wolf population in Minnesota at a maximum of 1,600 wolves and manages the wolf population in a manner intended to minimize conflicts between


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humans and gray wolves and the depredation of livestock and domestic pets. If the wolf population exceeds 1,600 wolves, the commissioner must establish trapping and/or hunting procedures to reduce the population by licensed hunters and trappers. A wolf taken by trapping or hunting must be properly tagged and registered with the commissioner within 48 hours of the taking. No trapping of wolves is allowed in the federally designated Boundary Waters Canoe Area Wilderness, except as authorized under section 2, subdivision 3.

Sec. 4. [REPORT TO LEGISLATURE.]

The commissioners of natural resources and agriculture shall jointly submit a report to the chairs of the senate and house environment and natural resources policy and funding committees by May 15, 1999. The report must provide recommendations on appropriations needed to accomplish the gray wolf management plan.

Sec. 5. [REVISOR INSTRUCTION.]

The revisor of statutes shall change the phrase "timber wolf" wherever it appears in Minnesota Statutes and Minnesota Rules to "gray wolf."

Sec. 6. [EFFECTIVE DATE.]

Sections 3 and 4 are effective the day following final enactment. Sections 1, 2, and 5 are effective August 1, 1999."

Delete the title and insert:

"A bill for an act relating to natural resources; providing for gray wolf management; providing criminal penalties; amending Minnesota Statutes 1998, sections 97A.331, by adding a subdivision; and 97B.645; proposing coding for new law in Minnesota Statutes, chapter 97B."

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

The report was adopted.

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

S. F. No. 117, A bill for an act relating to crime; limiting the time period during which a defendant may challenge a restitution request; amending Minnesota Statutes 1998, section 611A.045, subdivision 3.

Reported the same back with the following amendments:

Page 2, line 2, after "receiving" insert "written"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 757, A resolution memorializing Congress to enact legislation to prohibit federal recoupment of the state tobacco settlement recoveries.

Reported the same back with the following amendments:


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Page 2, line 15, delete "Hutchinson" and insert "Hutchison"

Page 2, line 17, delete "H351" and insert "HR351"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 165, 441, 640 and 973 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 117 and 757 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Ness; Carlson; Cassell; Mullery; Seifert, M.; Storm; Kubly; Pelowski; Huntley; Juhnke; Stang; Knoblach; Dehler; Dorman; Seagren; Ozment; Mares; Daggett; Fuller; Tuma; Murphy; Lieder; Tomassoni; Solberg; Jaros; Biernat; Entenza; Jennings; Abeler; Dorn; Trimble; Winter; Chaudhary; Mariani and Schumacher introduced:

H. F. No. 1811, A bill for an act relating to education; distinguishing among types of credentials awarded in technical colleges; limiting the use of standardized assessment; amending Minnesota Statutes 1998, section 136F.32, subdivision 2, and by adding a subdivision.

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

Erhardt introduced:

H. F. No. 1812, A bill for an act relating to taxation; local sales taxes; providing for accurate determination of sales that occur within a political subdivision; amending Minnesota Statutes 1998, section 297A.48, by adding a subdivision.

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

Van Dellen introduced:

H. F. No. 1813, A bill for an act relating to tax increment financing; expanding the definition of a qualified housing district to include certain owner-occupied housing for purposes of the state aid offset; amending Minnesota Statutes 1998, section 273.1399, subdivision 1.

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


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Clark, K., introduced:

H. F. No. 1814, A bill for an act relating to courts; providing for implementation of recommendations of the Minnesota task force on gender fairness in the courts; appropriating money.

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

Fuller introduced:

H. F. No. 1815, A bill for an act relating to beaver damage; clarifying authorized beaver damage control program activities; appropriating money; amending Minnesota Statutes 1998, section 17.110, subdivision 1.

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

Larsen, P.; Mares; Seifert, J.; Johnson and Greiling introduced:

H. F. No. 1816, A bill for an act relating to retirement; increasing the income limit for retired teachers; amending Minnesota Statutes 1998, sections 354.44, subdivision 5; and 354A.31, subdivision 3.

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

Kahn, Skoglund, Mullery and Wagenius introduced:

H. F. No. 1817, A bill for an act relating to urban redevelopment; appropriating money for a federal empowerment zone designation grant.

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

Mares introduced:

H. F. No. 1818, A bill for an act relating to traffic regulations; allowing additional recreational vehicle combinations to be operated with a permit; making technical, conforming changes; amending Minnesota Statutes 1998, sections 169.01, subdivisions 10 and 78; and 169.81, subdivision 3c, and by adding a subdivision.

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

Ness, Tunheim, Nornes, Tomassoni, Otremba and Dehler introduced:

H. F. No. 1819, A bill for an act relating to the environment; requiring inventory and ranking of dumps by counties; providing grants for cleanup of dumps by counties; appropriating money; amending Minnesota Statutes 1998, section 115B.42, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 115B.

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


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Ness introduced:

H. F. No. 1820, A bill for an act relating to appropriations; appropriating money for wastewater treatment to the city of Dassel.

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

Harder, Swenson and Clark, J., introduced:

H. F. No. 1821, A bill for an act relating to property taxes; providing a property tax credit for property damaged by tornado; appropriating money.

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

Erhardt introduced:

H. F. No. 1822, A bill for an act relating to taxation; property; reducing the class rate on the second tier of residential homestead property; providing a homestead and agricultural credit aid adjustment; amending Minnesota Statutes 1998, sections 273.13, subdivision 22; and 273.1398, subdivision 1a.

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

Erhardt and Ozment introduced:

H. F. No. 1823, A bill for an act relating to taxation; modifying definition of native prairie; modifying property tax exemption for property maintained as native prairie; creating a credit for costs of land management activities completed for conservation purposes; amending Minnesota Statutes 1998, sections 84.96, subdivision 2; and 272.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Fuller and Juhnke introduced:

H. F. No. 1824, A bill for an act relating to health; modifying standards for ambulance services; modifying provisions for first responders; providing for certification of emergency medical technicians; providing for certification of medical response units; providing for emergency medical technician instructor certification; requiring approval of training programs; setting fees; providing for reports of misconduct; providing criminal and civil penalties; amending Minnesota Statutes 1998, sections 13.99, subdivision 38a, and by adding a subdivision; 144E.001, by adding subdivisions; 144E.10, subdivision 1; 144E.11, by adding a subdivision; 144E.16, subdivision 4; 144E.18; 144E.27, by adding subdivisions; and 145A.02, subdivision 10; proposing coding for new law in Minnesota Statutes, chapter 144E; repealing Minnesota Statutes 1998, sections 144E.16, subdivisions 1, 2, 3, and 6; 144E.17; 144E.25; and 144E.30, subdivisions 1, 2, and 6; Minnesota Rules, parts 4690.0100, subparts 4, 13, 15, 19, 20, 21, 22, 23, 24, 26, 27, and 29; 4690.0300; 4690.0400; 4690.0500; 4690.0600; 4690.0700; 4690.0800, subparts 1 and 2; 4690.0900; 4690.1000; 4690.1100; 4690.1200; 4690.1300; 4690.1600; 4690.1700; 4690.2100; 4690.2200, subparts 1, 3, 4, and 5; 4690.2300; 4690.2400, subparts 1, 2, and 3; 4690.2500; 4690.2900; 4690.3000; 4690.3700; 4690.3900; 4690.4000; 4690.4100; 4690.4200; 4690.4300; 4690.4400; 4690.4500; 4690.4600; 4690.4700; 4690.4800; 4690.4900; 4690.5000; 4690.5100; 4690.5200; 4690.5300; 4690.5400; 4690.5500; 4690.5700; 4690.5800; 4690.5900; 4690.6000; 4690.6100; 4690.6200; 4690.6300; 4690.6400; 4690.6500; 4690.6600; 4690.6700; 4690.6800; 4690.7000; 4690.7100; 4690.7200; 4690.7300; 4690.7400; 4690.7500; 4690.7600; 4690.7700; 4690.7800; 4690.8300, subparts 1, 2, 3, 4, and 5; and 4735.5000.

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


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Osskopp; Kahn; Dehler; Anderson, B., and Rostberg introduced:

H. F. No. 1825, A bill for an act relating to lawful gambling; expanding the use of pull-tab dispensing machines; making technical changes; modifying progressive bingo prizes; specifying maximum tipboard prizes; amending Minnesota Statutes 1998, sections 349.151, subdivision 4b; 349.165, subdivisions 1 and 3; and 349.211, subdivision 2, 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.

Dorman, Leighton and Mares introduced:

H. F. No. 1826, A bill for an act relating to education; providing funding to promote student success in kindergarten through grade 12; appropriating money.

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

Storm introduced:

H. F. No. 1827, A bill for an act relating to education; providing for declining pupil unit aid for independent school district No. 508, St. Peter.

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

Howes introduced:

H. F. No. 1828, A bill for an act relating to capital improvements; authorizing bonds and appropriating money for purchase of Minnesota Power building.

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

Erhardt introduced:

H. F. No. 1829, A bill for an act relating to health; authorizing an exception to the nursing home moratorium; amending Minnesota Statutes 1998, section 144A.071, subdivision 3.

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

Stanek and Wenzel introduced:

H. F. No. 1830, A bill for an act relating to retirement; modifying authorized disbursements for the Minneapolis police relief association; amending Minnesota Statutes 1998, section 423B.07.

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


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Swenson introduced:

H. F. No. 1831, A bill for an act relating to agriculture; authorizing ethanol producer payments for a new ethanol plant operated using heat from a municipal cogeneration facility; appropriating money; amending Minnesota Statutes 1998, section 41A.09, subdivision 3a.

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

Swenson and Seifert, M., introduced:

H. F. No. 1832, A bill for an act relating to education; increasing the pupil weight for kindergarten students who are enrolled in all day kindergarten; amending Minnesota Statutes 1998, section 126C.05, subdivision 1.

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

Krinkie, Rhodes, Reuter, Osskopp, Kahn and Hilty introduced:

H. F. No. 1833, A bill for an act relating to state government; modifying provisions relating to the office of technology; amending Minnesota Statutes 1998, sections 16E.01, subdivision 3; 16E.03, subdivision 3; and 16E.04, subdivision 2.

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

Reuter, Rhodes, Osskopp, Kahn and Hilty introduced:

H. F. No. 1834, A bill for an act relating to state government; authorizing payment by electronic means; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

Boudreau, Nornes, Storm, Kuisle, Otremba, Huntley and Greenfield introduced:

H. F. No. 1835, A bill for an act relating to health; establishing a suicide prevention program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Fuller introduced:

H. F. No. 1836, A bill for an act relating to taxation; eliminating liability for tax on certain manufactured homes located on real property purchased under contracts for deed; proposing coding for new law in Minnesota Statutes, chapter 278.

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


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Fuller and Wenzel introduced:

H. F. No. 1837, A bill for an act relating to public safety; appropriating money for automatic external defibrillators and a study of the need for these defibrillators.

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

Davids introduced:

H. F. No. 1838, A bill for an act relating to retirement; expanding the number of investments available for certain public supplemental pension or deferred compensation plans; amending Minnesota Statutes 1998, section 356.24, subdivision 1.

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

Van Dellen, Paulsen, Leighton, Rest and Kuisle introduced:

H. F. No. 1839, A bill for an act relating to taxation; exempting certain printing activities from the sales and use tax; amending Minnesota Statutes 1998, section 297A.25, by adding a subdivision.

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

Fuller, Otremba and Juhnke introduced:

H. F. No. 1840, A bill for an act relating to health; appropriating money to investigate complaints regarding emergency medical services.

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

Davids and Jennings introduced:

H. F. No. 1841, A bill for an act relating to insurance; establishing an insurance compliance self-audit privilege; proposing coding for new law in Minnesota Statutes, chapter 60A.

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

Swenson introduced:

H. F. No. 1842, A bill for an act relating to retirement; Glencoe area health center; providing special retirement benefit coverage for certain employees who discontinue public employment by privatization.

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

Olson, Kielkucki, Dehler and Tuma introduced:

H. F. No. 1843, A bill for an act relating to education; prohibiting enrollment in fourth grade for students unable to read by the end of third grade; amending Minnesota Statutes 1998, sections 120B.30, subdivision 1; and 126C.05, subdivision 1.

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


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Clark, J., introduced:

H. F. No. 1844, A bill for an act relating to taxation; authorizing the city of New Ulm to impose certain sales and use taxes; requiring voter approval; providing bonding authority.

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

Seifert, M., introduced:

H. F. No. 1845, A bill for an act relating to school boards; a person convicted of a sex offense who is required to be registered under the predatory offender law is not eligible to be a candidate for the office of school board member; amending Minnesota Statutes 1998, sections 123B.09, by adding a subdivision; and 205A.06, by adding a subdivision.

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

Osskopp introduced:

H. F. No. 1846, A bill for an act relating to natural resources; authorizing an extension of the Goodhue-Pioneer trail to the city of Bellechester in Goodhue county; amending Minnesota Statutes 1998, section 85.015, subdivision 4.

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

Cassell, Dorn, Opatz, Carlson, Stang and Folliard introduced:

H. F. No. 1847, A bill for an act relating to education; higher education; combining student associations for community and technical colleges into one association; modifying membership composition of student advisory council to the higher education services office and board of trustees of state colleges and universities; amending Minnesota Statutes 1998, sections 136A.031, subdivision 3; 136F.04, subdivision 1; and 136F.22, subdivision 1.

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

Goodno and Stanek introduced:

H. F. No. 1848, A bill for an act relating to crime prevention; repealing provisions and striking language related to the enhanced gross misdemeanor DWI crime; expanding the gross misdemeanor DWI crime and mandatory sentencing provisions; amending Minnesota Statutes 1998, sections 169.121, subdivisions 3 and 3d; 169.129, subdivision 1; 609.02, subdivision 2; 609.105, subdivisions 1 and 3; 609.135, subdivision 2; and 609.15, subdivision 2; repealing Minnesota Statutes 1998, sections 169.121, subdivision 3e; 169.129, subdivision 2; and 609.02, subdivision 2a.

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

Entenza, Stang, Jennings and Workman introduced:

H. F. No. 1849, A bill for an act relating to financial institutions; prohibiting a certain type of fee charged for the use of automated teller machines; amending Minnesota Statutes 1998, sections 47.61, by adding a subdivision; and 47.64, by adding a subdivision.

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


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Tomassoni; Anderson, I., and Rukavina introduced:

H. F. No. 1850, A bill for an act relating to retirement; teachers retirement association; authorizing the purchase of certain unrequested leave periods.

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

Larsen, P.; Chaudhary; Broecker; Smith; Haake; Anderson, B.; Goodno; Gray; Mariani; Dawkins; Skoglund; Mullery and McGuire introduced:

H. F. No. 1851, A bill for an act relating to crime; appropriating money for a weekend camp program at Camp Ripley for first- or second-time juvenile offenders and youth at risk.

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

Stanek introduced:

H. F. No. 1852, A bill for an act relating to human services; appropriating money for Asian-American juvenile crime intervention and prevention.

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

Mares, Murphy, Rhodes and Lenczewski introduced:

H. F. No. 1853, A bill for an act relating to retirement; public employees police and fire plan and local police and fire consolidation accounts; providing for the merger of local consolidation accounts into the public employees police and fire plan and fund; revising member and employer contribution rates; transferring certain assets to certain municipalities; authorizing new benefit plan coverage elections; revising actuarial valuation calculations; limiting certain state aid amounts; amending Minnesota Statutes 1998, sections 3.85, subdivision 12; 69.021, subdivision 10; 69.031, subdivision 5; 353.01, subdivisions 2b, 10, and 16; 353.64, subdivision 1; 353.65, subdivisions 2, 3, and 3a; 356.215, subdivision 4g; and 423A.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 353.

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

Wejcman; Greenfield; Clark, K., and Dorn introduced:

H. F. No. 1854, A bill for an act relating to health; directing the commissioner of health to provide grants for targeted case management, outreach, and prevention services for AIDS and sexually transmitted diseases; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Gray, Mariani, Kelliher, Mares and Mahoney introduced:

H. F. No. 1855, A bill for an act relating to children; requiring the commissioner of children, families, and learning to encourage businesses and other organizations to donate materials for families to help their children develop skills to succeed in reading and school.

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


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Jennings, Paulsen and Gunther introduced:

H. F. No. 1856, A bill for an act relating to commerce; regulating certain fees charged by currency exchanges; amending Minnesota Statutes 1998, section 53A.09, subdivision 1.

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

McGuire, Nornes, Sykora, Mariani and Boudreau introduced:

H. F. No. 1857, A bill for an act relating to child care; funding child care resource and referral programs and child care development grants; appropriating money.

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

Rhodes, Boudreau, Greenfield, Trimble and Mullery introduced:

H. F. No. 1858, A bill for an act relating to health; appropriating money to establish a crisis intervention hotline.

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

Mullery introduced:

H. F. No. 1859, A bill for an act relating to financial institutions; regulating fees and charges imposed on account holders and others; requiring lifeline checking accounts; amending Minnesota Statutes 1998, sections 9.031, subdivision 13; 47.61, by adding a subdivision; 47.64, by adding a subdivision; 47.76; 48.512, subdivision 7; 50.17, subdivision 11; 51A.21, subdivision 28; 118A.02, subdivision 1; 427.01; and 427.02; proposing coding for new law in Minnesota Statutes, chapters 427; and 469.

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

Mullery and Skoglund introduced:

H. F. No. 1860, A bill for an act relating to crime; allowing consecutive sentencing when an offender commits one or more additional crimes between the time of the commission of one crime and the time of sentencing on that crime; directing the sentencing guidelines commission to make the guidelines consistent; amending Minnesota Statutes 1998, section 609.15, subdivision 1.

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

Mullery introduced:

H. F. No. 1861, A bill for an act relating to employment; extending parenting leave requirements; amending Minnesota Statutes 1998, section 181.941, subdivisions 1 and 2.

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


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 852

Mullery, Skoglund and Smith introduced:

H. F. No. 1862, A bill for an act relating to crime; extending enhanced penalties for illegally carrying a pistol to juveniles who are adjudicated delinquent for this offense; amending Minnesota Statutes 1998, section 624.714, subdivision 1.

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

Johnson, Tomassoni, Mullery and Mares introduced:

H. F. No. 1863, A bill for an act relating to education; providing for substitute teacher state-paid medical benefits; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 122A.

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

McGuire and Mariani introduced:

H. F. No. 1864, A bill for an act relating to children; consolidating the MFIP and basic sliding fee child care assistance programs; requiring projected costs of the consolidated child care assistance program to be forecasted and recognized in the fund balance; amending Minnesota Statutes 1998, sections 119B.01, subdivisions 12 and 15; 119B.02; 119B.03, subdivisions 1, 2, 3, 5, 10, and by adding a subdivision; 119B.04, subdivision 1; 119B.05, subdivision 5; 119B.061, subdivisions 1, 2, 3, and 4; 119B.07; 119B.08, subdivisions 2 and 3; 119B.09, subdivisions 1, 2, 7, and by adding a subdivision; 119B.11, subdivision 1; and 119B.15; proposing coding for new law in Minnesota Statutes, chapter 119B; repealing Minnesota Statutes 1998, sections 119B.01, subdivision 16; 119B.03, subdivisions 4, 6, 7, 8, and 9; 119B.05, subdivisions 1, 6, and 7; 119B.075; 119B.09, subdivisions 3 and 4; and 119B.10.

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

Pawlenty and Mulder introduced:

H. F. No. 1865, A bill for an act relating to courts; jury service; excusing from service certain nursing mothers; proposing coding for new law in Minnesota Statutes, chapter 593.

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

Kubly, Greenfield, Koskinen, Huntley and McCollum introduced:

H. F. No. 1866, A bill for an act relating to human services; expanding participation in the senior citizen drug program to disabled persons; amending Minnesota Statutes 1998, section 256.955, subdivisions 2 and 9; Laws 1997, chapter 225, article 4, section 4.

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

Holsten, Osthoff, Ozment and Wolf introduced:

H. F. No. 1867, A bill for an act relating to natural resources; establishing a stream protection and improvement loan program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103G.

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


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 853

Van Dellen, Lindner and Seagren introduced:

H. F. No. 1868, A bill for an act relating to education; allowing school district residents to participate in shared time, cocurricular and extracurricular activities sponsored by the resident school district; amending Minnesota Statutes 1998, sections 123B.49, subdivisions 2 and 4; and 126C.01, subdivision 8.

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

Van Dellen, Paulsen, McElroy, Erhardt, Abrams and Holberg introduced:

H. F. No. 1869, A bill for an act relating to taxation; establishing a minimum per capita aid amount for city local government aid; amending Minnesota Statutes 1998, sections 477A.013, subdivision 9; and 477A.03, subdivision 2.

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

Ozment, Schumacher and Opatz introduced:

H. F. No. 1870, A bill for an act relating to natural resources; appropriating money to maintain and update the Minnesota land use map.

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

Lieder introduced:

H. F. No. 1871, A bill for an act relating to education; appropriating money for independent school district No. 600, Fisher.

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

Harder and Gunther introduced:

H. F. No. 1872, A bill for an act relating to economic development; providing for a grant to Martin county for a wastewater treatment project by the Fox Lake improvement district; appropriating money.

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

Mullery, Skoglund and Stanek introduced:

H. F. No. 1873, A bill for an act relating to public safety; prohibiting the possession of firearms by persons who have been admitted or held for emergency care due to imminent risk of suicide or attempted suicide; authorizing peace officers to take temporary custody of any firearms owned by the person; permitting such persons to possess firearms after they have recovered from this disability; amending Minnesota Statutes 1998, sections 253B.05, by adding a subdivision; and 624.713, subdivision 1.

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


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 854

Mullery, Rhodes and Gray introduced:

H. F. No. 1874, A bill for an act relating to state government; requiring the commissioner of administration to place a bust of Nellie Stone Johnson in the state capitol.

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

Abeler and Entenza introduced:

H. F. No. 1875, A bill for an act relating to education; reinstating the state board of education; providing for the election of members to the state board; amending Minnesota Statutes 1998, section 127A.60, subdivisions 1, 2, 3, and by adding a subdivision; repealing Laws 1998, chapter 398, articles 5, sections 55 and 56; and 6, sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 38, paragraph (a).

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

Kelliher and Stanek introduced:

H. F. No. 1876, A bill for an act relating to retirement; city of Minneapolis; authorizing at city option long service active police officers to terminate active service and be rehired with public employees police and fire retirement plan coverage; amending Minnesota Statutes 1998, sections 353.64, subdivision 1; 423B.01, subdivision 2; and 423B.14; proposing coding for new law in Minnesota Statutes, chapter 423B.

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

Molnau, Bishop, Knoblach, Solberg and Rest introduced:

H. F. No. 1877, A bill for an act relating to public employees; ratifying certain labor agreements and compensation plans; providing for transfer of vacation and sick leave for certain employees; modifying per diem provision for special mediators; modifying procedures for the listing of arbitrators; making technical changes; amending Minnesota Statutes 1998, sections 3.096; 179.02, subdivision 2; 179A.04, subdivision 3; 179A.10, subdivision 1; and 179A.16, subdivision 2.

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

Mares, Skoglund and Bishop introduced:

H. F. No. 1878, A bill for an act relating to criminal justice; providing for community notification of the release of certain high risk juvenile sex offenders; requiring end-of-confinement review committees to assess risk for sexual reoffense and assign juvenile sex offenders to low and high risk levels; specifying sexual risk reoffense factors; providing guidelines to structure law enforcement agency disclosure of juvenile sex offender release information; requiring commissioner of corrections to send written notice to law enforcement agencies and certain other individuals before certain juvenile sex offenders are released; requiring the peace officer standards and training board to develop a model policy for law enforcement agencies to follow when disclosing information on juvenile sex offenders; requiring local law enforcement agencies to adopt a disclosure policy substantially similar to the model policy; proposing coding for new law in Minnesota Statutes, chapter 244.

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


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 855

Dawkins introduced:

H. F. No. 1879, A bill for an act relating to economic development; appropriating money; imposing conditions.

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

Paulsen, Seagren, Workman and Wolf introduced:

H. F. No. 1880, A bill for an act relating to state lands; authorizing conveyance of certain tax-forfeited land that borders public water and wetland in Hennepin county.

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

Wolf introduced:

H. F. No. 1881, A bill for an act relating to education; providing for an optional form of school district organization; providing for school boards to contract for school district services; amending Minnesota Statutes 1998, section 123B.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 123A.

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

Hausman and Paymar introduced:

H. F. No. 1882, A bill for an act relating to traffic regulations; prescribing the display period for "Walk" and "Don't Walk" signals at intersections with pedestrian-control traffic signals; amending Minnesota Statutes 1998, section 169.06, subdivision 6.

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

Jennings introduced:

H. F. No. 1883, A bill for an act relating to state government; permitting state appointing authorities to grant state employees paid time off for volunteer firefighting duties; proposing coding for new law in Minnesota Statutes, chapter 43A.

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

Pugh and Wilkin introduced:

H. F. No. 1884, A bill for an act relating to education; increasing the maximum referendum revenue allowance; increasing state aid for voter-approved referenda; appropriating money; amending Minnesota Statutes 1998, section 126C.17, subdivisions 2 and 5.

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


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 856

Kuisle introduced:

H. F. No. 1885, A bill for an act relating to state government; transferring authority for feedlots from the pollution control agency to the department of agriculture.

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

Krinkie, Vandeveer, Rifenberg, Kuisle and Juhnke introduced:

H. F. No. 1886, A bill for an act relating to railroads; abolishing regional rail authorities in the seven-county metropolitan area; amending Minnesota Statutes 1998, sections 10A.01, subdivision 26; 174.03, subdivision 6a; 275.065, subdivision 3; 398A.03, subdivision 1; 473.399, subdivisions 1 and 1a; 473.3994, subdivisions 2, 3, 10, and 12; and 473.3997; Laws 1998, chapter 404, section 17, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 398A; repealing Minnesota Statutes 1998, section 473.3998.

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

Solberg; Anderson, I., and Westfall introduced:

H. F. No. 1887, A bill for an act relating to liability protection; providing certain liability protections for sport shooting ranges that comply with generally accepted operation practices; proposing coding for new law in Minnesota Statutes, chapter 561.

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

Jennings introduced:

H. F. No. 1888, A bill for an act relating to civil actions; prohibiting certain actions by the state or a political subdivision against firearms or ammunition manufacturers; proposing coding for new law in Minnesota Statutes, chapter 604.

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

Mullery, Smith, Bakk and Mahoney introduced:

H. F. No. 1889, A bill for an act relating to employment; barring certain employers from bidding on state contracts; requiring construction employers to develop and implement written safety and health plans for each construction project; providing civil and criminal penalties; amending Minnesota Statutes 1998, sections 182.651, by adding subdivisions; 182.66, subdivision 1; 182.666, subdivisions 1, 2, and 3; and 182.667, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16B; and 182.

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

Mahoney, Skoglund, Stanek and Seifert, J., introduced:

H. F. No. 1890, A bill for an act relating to offender rehabilitation; exempting the licensing of certain taxicab drivers from the requirements of chapter 364; amending Minnesota Statutes 1998, section 364.09.

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


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 857

Mullery and Smith introduced:

H. F. No. 1891, A bill for an act relating to drivers' licenses; allowing limited driver's license to be issued without waiting period under limiting conditions; modifying, conforming, and reorganizing provisions governing limited driver's license waiting periods; amending Minnesota Statutes 1998, section 171.30, subdivisions 2 and 4; repealing Minnesota Statutes 1998, section 171.30, subdivisions 2a, 2b, and 2c.

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

Mullery introduced:

H. F. No. 1892, A bill for an act relating to community development; appropriating money for summer youth employment.

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

McGuire and Broecker introduced:

H. F. No. 1893, A bill for an act relating to public safety; appropriating money for a crosswalk safety awareness campaign.

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

McGuire introduced:

H. F. No. 1894, A bill for an act relating to food safety; revising the definition of perishable food for purposes of open dating; amending Minnesota Statutes 1998, section 31.782, subdivision 3.

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

Boudreau, Ozment and Rhodes introduced:

H. F. No. 1895, A bill for an act relating to education; establishing a grant program for Asian-Pacific American mental health professionals at the graduate school level; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136A.

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

Van Dellen, Holsten, Rukavina and Workman introduced:

H. F. No. 1896, A bill for an act relating to public safety; regulating fireworks; modifying the definition of the term fireworks; permitting sale and distribution of certain fireworks; amending Minnesota Statutes 1998, section 624.20, subdivision 1, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 624.

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


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 858

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 453, A bill for an act relating to local government; directing the city of Minneapolis to authorize participation by certain workers and apprentices in deferred compensation plan; amending Laws 1988, chapter 471, section 1, subdivision 1, as amended.

H. F. No. 157, A bill for an act relating to highways; modifying route of Laura Ingalls Wilder Historic Highway; amending Minnesota Statutes 1998, section 161.14, subdivision 29.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 454, A bill for an act relating to health; modifying requirements for nursing home administrators; amending Minnesota Statutes 1998, section 144A.04, subdivisions 5 and 7a.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Seifert, M., moved that the House concur in the Senate amendments to H. F. No. 454 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 454, A bill for an act relating to health; modifying requirements for nursing home administrators; amending Minnesota Statutes 1998, section 144A.04, subdivisions 5 and 7a.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Entenza Huntley Mariani Pelowski Tingelstad
Abrams Erhardt Jaros Marko Peterson Tomassoni
Anderson, B. Erickson Johnson McCollum Pugh Trimble
Anderson, I. Finseth Juhnke McElroy Rest Tuma
Bakk Folliard Kahn McGuire Reuter Tunheim
Biernat Fuller Kalis Milbert Rhodes Vandeveer
Bishop Gerlach Kelliher Molnau Rifenberg Wagenius
Boudreau Gleason Kielkucki Mulder Rostberg Wejcman
Bradley Goodno Knoblach Mullery Rukavina Wenzel
Broecker Gray Koskinen Murphy Schumacher Westerberg
Buesgens Greenfield Krinkie Ness Seagren Westfall
Carlson Greiling Kubly Nornes Seifert, J. Westrom
Carruthers Gunther Kuisle Olson Seifert, M. Wilkin
Cassell Haake Larsen, P. Opatz Skoe Winter

Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 859
Clark, J. Haas Larson, D. Orfield Skoglund Wolf
Daggett Hackbarth Leighton Osskopp Smith Workman
Davids Harder Lenczewski Osthoff Solberg Spk. Sviggum
Dawkins Hasskamp Leppik Otremba Stanek
Dehler Hausman Lieder Ozment Stang
Dempsey Hilty Luther Paulsen Storm
Dorman Holberg Mahoney Pawlenty Swenson
Dorn Howes Mares Paymar Sykora

The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

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

S. F. Nos. 519, 257, 663 and 184.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 519, A bill for an act relating to elections; requiring certain special primaries and elections to be conducted by mail; changing certain election schedules; amending Minnesota Statutes 1998, sections 204D.19, subdivisions 1 and 2; 204D.20, subdivision 1; 204D.21, subdivisions 2 and 3; 204D.22, subdivision 3; and 204D.23, subdivision 2; repealing Minnesota Statutes 1998, section 204D.19, subdivision 3.

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

S. F. No. 257, A bill for an act relating to statutory cities; permitting special elections in cases of certain vacancies; amending Minnesota Statutes 1998, sections 205.10, subdivision 2; and 412.02, subdivision 2a.

The bill was read for the first time.

Buesgens moved that S. F. No. 257 and H. F. No. 182, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 663, A bill for an act relating to speed limits; establishing 25-mile per hour speed limit in school zones; amending Minnesota Statutes 1998, sections 169.01, by adding a subdivision; and 169.14, subdivisions 2, 5, and 5a.

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


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 860

S. F. No. 184, A bill for an act relating to juvenile justice; recodifying, clarifying, and relocating provisions relating to juvenile delinquency and child protection; providing separate areas of law dealing with child protection and delinquency; amending Minnesota Statutes 1998, section 260.011, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 260; proposing coding for new law as Minnesota Statutes, chapters 260B; and 260C; repealing Minnesota Statutes 1998, sections 257.069; 257.071; 257.0711; 257.072; 257.35; 257.351; 257.352; 257.353; 257.354; 257.355; 257.356; 257.3571; 257.3572; 257.3573; 257.3574; 257.3575; 257.3576; 257.3577; 257.3578; 257.3579; 257.40; 257.41; 257.42; 257.43; 257.44; 257.45; 257.46; 257.47; 257.48; 260.011, subdivision 2; 260.013; 260.015; 260.092; 260.094; 260.096; 260.101; 260.111; 260.115; 260.121; 260.125; 260.126; 260.131; 260.132; 260.133; 260.135; 260.141; 260.145; 260.151; 260.155; 260.157; 260.161; 260.162; 260.165; 260.171; 260.172; 260.173; 260.1735; 260.174; 260.181; 260.185; 260.191; 260.192; 260.193; 260.195; 260.211; 260.215; 260.221; 260.241; 260.242; 260.245; 260.251; 260.255; 260.261; 260.271; 260.281; 260.291; 260.301; 260.315; 260.35; 260.36; 260.39; and 260.40.

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

CONSENT CALENDAR

S. F. No. 649, A bill for an act relating to health; modifying the definition of public water supply; amending Minnesota Statutes 1998, section 144.382, subdivision 4.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 861

S. F. No. 914, A bill for an act relating to electric utilities; revising the house chairs appointed to the legislative electric energy task force; amending Minnesota Statutes 1998, section 216C.051, 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 Lindner Ozment Stang
Abrams Dorn Holsten Luther Paulsen Storm
Anderson, B. Entenza Howes Mahoney Pawlenty Swenson
Anderson, I. Erhardt Huntley Mares Paymar Sykora
Bakk Erickson Jaros Mariani Pelowski Tingelstad
Biernat Finseth Johnson Marko Peterson Tomassoni
Bishop Folliard Juhnke McCollum Pugh Trimble
Boudreau Fuller Kahn McElroy Rest Tuma
Bradley Gerlach Kalis McGuire Reuter Tunheim
Broecker Gleason Kelliher Milbert Rhodes Van Dellen
Buesgens Goodno Kielkucki Molnau Rifenberg Vandeveer
Carlson Gray Knoblach Mulder Rostberg Wagenius
Carruthers Greenfield Koskinen Mullery Rukavina Wejcman
Cassell Greiling Krinkie Murphy Schumacher Wenzel
Chaudhary Gunther Kubly Ness Seagren Westerberg
Clark, J. Haake Kuisle Nornes Seifert, J. Westfall
Clark, K. Haas Larsen, P. Olson Seifert, M. Westrom
Daggett Hackbarth Larson, D. Opatz Skoe Wilkin
Davids Harder Leighton Orfield Skoglund Winter
Dawkins Hasskamp Lenczewski Osskopp Smith Wolf
Dehler Hausman Leppik Osthoff Solberg Workman
Dempsey Hilty Lieder Otremba Stanek Spk. Sviggum

The bill was passed and its title agreed to.

H. F. No. 232, A bill for an act relating to courts; providing for the size of petit juries in civil and criminal cases; proposing coding for new law in Minnesota Statutes, chapter 593.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 862
Dehler Hausman Leppik Otremba Stanek Spk. Sviggum
Dempsey Hilty Lieder Ozment Stang

The bill was passed and its title agreed to.

H. F. No. 492, A bill for an act relating to education; authorizing building on a state university campus.

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

The bill was passed and its title agreed to.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 863

H. F. No. 911, A bill for an act relating to education; clarifying the method of payment of wages by school districts and public school entities; amending Minnesota Statutes 1998, section 181.101.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

H. F. No. 1132, A bill for an act relating to courts; eliminating filing of duplicate documents; updating the law governing court administrators; amending Minnesota Statutes 1998, sections 279.13; 485.018, subdivision 2; repealing Minnesota Statutes 1998, sections 357.07; and 485.018, subdivisions 1 and 4.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lindner Paulsen Storm
Abrams Dorn Holsten Luther Pawlenty Swenson
Anderson, B. Entenza Howes Mares Paymar Sykora
Anderson, I. Erhardt Huntley Mariani Pelowski Tingelstad
Bakk Erickson Jaros Marko Peterson Tomassoni
Biernat Finseth Johnson McCollum Pugh Trimble
Bishop Folliard Juhnke McElroy Rest Tuma
Boudreau Fuller Kahn McGuire Reuter Tunheim
Bradley Gerlach Kalis Milbert Rhodes Van Dellen
Broecker Gleason Kelliher Molnau Rifenberg Vandeveer
Buesgens Goodno Kielkucki Mulder Rostberg Wagenius
Carlson Gray Knoblach Mullery Rukavina Wejcman
Carruthers Greenfield Koskinen Murphy Schumacher Wenzel
Cassell Greiling Krinkie Ness Seagren Westerberg

Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 864
Chaudhary Gunther Kubly Nornes Seifert, J. Westfall
Clark, J. Haake Kuisle Olson Seifert, M. Westrom
Clark, K. Haas Larsen, P. Opatz Skoe Wilkin
Daggett Hackbarth Larson, D. Orfield Skoglund Winter
Davids Harder Leighton Osskopp Smith Wolf
Dawkins Hasskamp Lenczewski Osthoff Solberg Workman
Dehler Hausman Leppik Otremba Stanek Spk. Sviggum
Dempsey Hilty Lieder Ozment Stang

The bill was passed and its title agreed to.

S. F. No. 593, A bill for an act relating to capital improvements; correcting the name of a grant recipient to that of the project owner; amending Laws 1998, chapter 404, section 23, subdivision 17.

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

The bill was passed and its title agreed to.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 865

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

RECESS

RECONVENED

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

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 bill on the Calendar for the Day, for Thursday, March 11, 1999:

S. F. No. 50; and H. F. Nos. 463, 872, 905, 766, 741, 837, 836 and 92.

CALENDAR FOR THE DAY

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

MOTIONS AND RESOLUTIONS

Smith moved that the name of Olson be added as an author on H. F. No. 1338. The motion prevailed.

Howes moved that the name of Stanek be added as an author on H. F. No. 1485. The motion prevailed.

Rhodes moved that the name of Paymar be added as an author on H. F. No. 1502. The motion prevailed.

Howes moved that the name of Erickson be added as an author on H. F. No. 1506. The motion prevailed.

Ozment moved that his name be stricken and the name of Holberg be added as chief author on H. F. No. 1550. The motion prevailed.

Ozment moved that his name be stricken and the name of Workman be added as chief author on H. F. No. 1551. The motion prevailed.

Ozment moved that his name be stricken and the name of McGuire be added as chief author and the name of Mahoney be added as an author on H. F. No. 1553. The motion prevailed.

Ozment moved that his name be stricken and the name of Westerberg be added as chief author on H. F. No. 1554. The motion prevailed.

Ozment moved that his name be stricken and the name of Broecker be added as chief author on H. F. No. 1555. The motion prevailed.

Ozment moved that his name be stricken and the name of Westfall be added as chief author on H. F. No. 1558. The motion prevailed.

Ozment moved that his name be stricken and the name of Rhodes be added as chief author on H. F. No. 1560. The motion prevailed.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 866

Goodno moved that his name be stricken and the name of Bradley be added as chief author on H. F. No. 1562. The motion prevailed.

Goodno moved that his name be stricken and the name of Mulder be added as chief author on H. F. No. 1608. The motion prevailed.

Goodno moved that his name be stricken and the name of Storm be added as chief author and the name of Bradley be added as an author on H. F. No. 1609. The motion prevailed.

Goodno moved that his name be stricken and the name of Fuller be added as chief author and the name of Bradley be added as an author on H. F. No. 1630. The motion prevailed.

Goodno moved that his name be stricken and the name of Boudreau be added as chief author on H. F. No. 1662. The motion prevailed.

Goodno moved that his name be stricken and the name of Tingelstad be added as chief author on H. F. No. 1687. The motion prevailed.

Goodno moved that his name be stricken and the name of Bradley be added as chief author on H. F. No. 1688. The motion prevailed.

Howes moved that H. F. No. 695 be recalled from the Committee on Jobs and Economic Development Policy and be re-referred to the Committee on Commerce. The motion prevailed.

Harder moved that H. F. No. 1285 be recalled from the Committee on Transportation Policy and be re-referred to the Committee on Transportation Finance. The motion prevailed.

Broecker moved that H. F. No. 1546 be recalled from the Committee on Family and Early Childhood Education Finance and be re-referred to the Committee on Judiciary Finance. The motion prevailed.

Knoblach moved that H. F. No. 1645 be recalled from the Committee on Education Policy and be re-referred to the Committee on Health and Human Services Policy. The motion prevailed.

Rostberg moved that H. F. No. 1699 be recalled from the Committee on Family and Early Childhood Education Finance and be re-referred to the Committee on Judiciary Finance. The motion prevailed.

Westfall moved that H. F. No. 1747 be recalled from the Committee on Agriculture Policy and be re-referred to the Committee on Agriculture and Rural Development Finance. The motion prevailed.

Howes moved that H. F. No. 1806 be recalled from the Committee on Environment and Natural Resources Policy and be re-referred to the Committee on Transportation Finance. The motion prevailed.

Stang moved that S. F. No. 460 be recalled from the Committee on Transportation Policy and together with H. F. No. 165, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

Bishop, for the Committee on Ways and Means, introduced:

House Resolution No. 5, A house resolution setting the maximum limit on general fund revenues and expenditures for the biennium.

Bishop moved that House Resolution No. 5 be now adopted.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 867

POINT OF ORDER

Pugh raised a point of order pursuant to rule 4.03 relating to the Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills that House Resolution No. 5 was not in proper form. The Speaker ruled the point of order well taken and House Resolution No. 5 out of order.

There being no objection, the order of business reverted to the Calendar for the Day.

CALENDAR FOR THE DAY

S. F. No. 174 was reported to the House.

Bishop and Skoglund moved to amend S. F. No. 174 as follows:

Page 3, line 32, after "1" insert "and except as provided in paragraphs (b) and (c)"

Page 4, after line 8, insert:

"(c) A person shall continue to comply with this section for the life of that person:

(i) if the person is convicted of or adjudicated delinquent for any offense for which registration is required under subdivision 1 during the time the person is required to register under paragraph (a) or (b); or

(ii) if the person is required to register based upon a conviction or adjudication of delinquency for an offense under section 609.185, clause (2), section 609.342, subdivision 1, paragraphs (a), (c), (d), (e), (f), and (h), or section 609.344, subdivision 1, paragraphs (a), (c), or (g); or

(iii) if the person is required to register under subdivision 1, paragraph (c), if the person was committed pursuant to a court commitment under section 253B.185."

Amend the title as follows:

Page 1, line 5, after the semicolon, insert "requiring lifetime registration for certain offenders;"

The motion prevailed and the amendment was adopted.

S. F. No. 174, A bill for an act relating to crime prevention; requiring certain persons committed as mentally ill and dangerous to the public to register as predatory sex offenders and to be subject to the community notification law; amending Minnesota Statutes 1998, sections 243.166, subdivisions 1, 2, and 6; and 244.052, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorman Holberg Lindner Ozment Stang
Abrams Dorn Holsten Luther Paulsen Storm

Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 868
Anderson, B. Entenza Howes Mahoney Pawlenty Swenson
Anderson, I. Erhardt Huntley Mares Paymar Sykora
Bakk Erickson Jaros Mariani Pelowski Tingelstad
Biernat Finseth Johnson Marko Peterson Tomassoni
Bishop Folliard Juhnke McCollum Pugh Trimble
Boudreau Fuller Kahn McElroy Rest Tuma
Bradley Gerlach Kalis McGuire Reuter Tunheim
Broecker Gleason Kelliher Milbert Rhodes Van Dellen
Buesgens Goodno Kielkucki Molnau Rifenberg Vandeveer
Carlson Gray Knoblach Mulder Rostberg Wagenius
Carruthers Greenfield Koskinen Mullery Rukavina Wejcman
Cassell Greiling Krinkie Murphy Schumacher Wenzel
Chaudhary Gunther Kubly Ness Seagren Westerberg
Clark, J. Haake Kuisle Nornes Seifert, J. Westfall
Clark, K. Haas Larsen, P. Olson Seifert, M. Westrom
Daggett Hackbarth Larson, D. Opatz Skoe Wilkin
Davids Harder Leighton Orfield Skoglund Winter
Dawkins Hasskamp Lenczewski Osskopp Smith Wolf
Dehler Hausman Leppik Osthoff Solberg Workman
Dempsey Hilty Lieder Otremba Stanek Spk. Sviggum

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

S. F. No. 50, A bill for an act relating to utilities; abolishing sunset provision repealing performance-based gas purchasing plans; repealing Minnesota Statutes 1998, section 216B.167, subdivisions 7 and 8.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 869

H. F. No. 463, A bill for an act relating to health; providing for review of ambulance services and first responders; amending Minnesota Statutes 1998, section 145.61, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 144E.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

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

The Speaker called Carruthers to the Chair.

H. F. No. 872, A bill for an act relating to contracts; regulating building and construction contracts; providing for the enforceability of certain agreements indemnifying against environmental liability; amending Minnesota Statutes 1998, section 337.02.

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


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 870

The question was taken on the passage of the bill and the roll was called. There were 99 yeas and 31 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Johnson Molnau Rhodes Tomassoni
Abrams Erhardt Kalis Mulder Rifenberg Tuma
Anderson, B. Erickson Kielkucki Murphy Rostberg Tunheim
Anderson, I. Finseth Knoblach Ness Rukavina Van Dellen
Bakk Fuller Krinkie Nornes Schumacher Vandeveer
Bishop Gerlach Kubly Olson Seagren Wenzel
Boudreau Goodno Kuisle Opatz Seifert, J. Westerberg
Bradley Gunther Larsen, P. Osskopp Seifert, M. Westfall
Broecker Haake Larson, D. Otremba Skoe Westrom
Buesgens Haas Lenczewski Ozment Smith Wilkin
Carlson Hackbarth Leppik Paulsen Solberg Winter
Cassell Harder Lieder Pawlenty Stanek Wolf
Clark, J. Hasskamp Lindner Pelowski Stang Workman
Daggett Hilty Mares Peterson Storm Spk. Sviggum
Dehler Holberg McCollum Pugh Swenson
Dempsey Holsten McElroy Rest Sykora
Dorman Howes Milbert Reuter Tingelstad

Those who voted in the negative were:

Biernat Folliard Huntley Leighton Mullery Wejcman
Carruthers Gleason Jaros Luther Orfield
Chaudhary Gray Juhnke Mahoney Paymar
Clark, K. Greenfield Kahn Mariani Skoglund
Dawkins Greiling Kelliher Marko Trimble
Entenza Hausman Koskinen McGuire Wagenius

The bill was passed and its title agreed to.

H. F. No. 905 was reported to the House and given its third reading.

Pawlenty moved that H. F. No. 905 be continued on the Calendar for the Day. The motion prevailed.

The Speaker resumed the Chair.

H. F. No. 766, A bill for an act relating to traffic regulations; authorizing blue lights on motorcycles as part of the rear brake light; amending Minnesota Statutes 1998, section 169.64, subdivision 4.

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

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

Those who voted in the affirmative were:

Abeler Dorn Holsten Mahoney Pawlenty Swenson
Abrams Entenza Howes Mares Paymar Sykora
Anderson, B. Erhardt Jaros Mariani Pelowski Tingelstad
Anderson, I. Erickson Johnson Marko Peterson Tomassoni
Bakk Finseth Juhnke McCollum Pugh Trimble
Biernat Folliard Kahn McElroy Rest Tuma
Bishop Fuller Kalis McGuire Reuter Tunheim
Boudreau Gerlach Kelliher Milbert Rhodes Van Dellen
Bradley Gleason Kielkucki Molnau Rifenberg Vandeveer
Broecker Goodno Knoblach Mulder Rostberg Wagenius
Buesgens Gray Koskinen Mullery Rukavina Wejcman
Carlson Greenfield Krinkie Murphy Schumacher Wenzel
Carruthers Greiling Kubly Ness Seagren Westerberg
Cassell Gunther Kuisle Nornes Seifert, J. Westfall
Chaudhary Haake Larsen, P. Olson Seifert, M. Westrom
Clark, J. Haas Larson, D. Opatz Skoe Wilkin
Clark, K. Hackbarth Leighton Orfield Skoglund Winter
Daggett Harder Lenczewski Osskopp Smith Wolf

Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 871
Dawkins Hasskamp Leppik Osthoff Solberg Workman
Dehler Hausman Lieder Otremba Stanek Spk. Sviggum
Dempsey Hilty Lindner Ozment Stang
Dorman Holberg Luther Paulsen Storm

The bill was passed and its title agreed to.

H. F. No. 741 was reported to the House.

Knoblach moved that H. F. No. 741 be continued on the Calendar for the Day. The motion prevailed.

H. F. No. 837 was reported to the House.

Paulsen moved that H. F. No. 837 be continued on the Calendar for the Day. The motion prevailed.

H. F. No. 836, A bill for an act relating to business organizations; regulating business corporations; defining terms; modifying the authority to grant restricted stock; regulating take-over offers; providing for name changes in certain circumstances; regulating mergers and exchanges; making clarifying and technical changes; removing ambiguities; regulating limited liability companies; eliminating unnecessary provisions; correcting terminology; regulating member control agreements and dissolutions; providing for the duration of certain companies; making conforming changes required by the enactment of the revised Uniform Partnership Act; amending Minnesota Statutes 1998, sections 302A.011, subdivisions 7 and 56; 302A.111, subdivision 5; 302A.181, subdivision 1; 302A.223, subdivision 3; 302A.402, subdivision 3; 302A.405, subdivision 1; 302A.417, subdivision 7; 302A.457, subdivisions 1 and 2; 302A.471, subdivision 1; 302A.613, subdivision 1; 302A.621, subdivisions 1 and 6; 302A.675, subdivision 2; 319B.02, subdivisions 10, 12, 21, and 22; 319B.04, subdivisions 2 and 3; 319B.08, subdivision 1; 319B.10, subdivision 2; 319B.11, subdivisions 3, 4, and 8; 322A.02; 322A.87; 322A.88; 322B.03, subdivisions 12, 30, 44, and 45; 322B.115, subdivisions 1, 2, and 3; 322B.155; 322B.20, subdivisions 1 and 2; 322B.30, subdivision 2; 322B.306; 322B.31, subdivision 3; 322B.313, subdivisions 2, 3, and 7; 322B.323, subdivision 2; 322B.326; 322B.33, subdivisions 1 and 4; 322B.333, subdivisions 1 and 3; 322B.336, subdivisions 1 and 3; 322B.34, subdivisions 2 and 3; 322B.343, subdivisions 1 and 2; 322B.346; 322B.35, subdivision 1; 322B.353; 322B.356, subdivisions 1, 2, and 3; 322B.363, subdivisions 2 and 3; 322B.366, subdivision 1; 322B.37; 322B.383, subdivision 1; 322B.386, subdivisions 1, 2, 4, and 5; 322B.40, subdivisions 1, 5, and 6; 322B.41, subdivisions 3 and 4; 322B.42, subdivision 5; 322B.43, subdivisions 1 and 3; 322B.50; 322B.51; 322B.52; 322B.54, subdivision 1; 322B.56, subdivision 1; 322B.603; 322B.606, subdivision 1; 322B.61; 322B.613; 322B.616; 322B.623; 322B.626; 322B.63, subdivision 1; 322B.636, subdivisions 1 and 3; 322B.64; 322B.643, subdivisions 1, 3, and 4; 322B.646; 322B.65; 322B.653; 322B.656, subdivision 1; 322B.66, subdivision 2; 322B.663, subdivision 4; 322B.666, subdivision 1; 322B.673,


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 872

subdivisions 1 and 2; 322B.676; 322B.686, subdivision 3; 322B.689; 322B.699, subdivision 4; 322B.72, subdivisions 1 and 2; 322B.80, subdivision 1; 322B.813, subdivision 3; 322B.816, subdivision 4; 322B.833, subdivisions 2, 5, and 6; 322B.843, subdivision 2; 322B.873, subdivisions 1 and 4; 323A.10-01; and 323A.11-02; repealing Minnesota Statutes 1998, sections 322B.03, subdivisions 4, 5, 9, and 16; 322B.363, subdivision 8; 322B.366, subdivision 2; 322B.816, subdivision 3; and 322B.873, subdivisions 2 and 3.

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

The bill was passed and its title agreed to.

H. F. No. 92, A bill for an act relating to drivers' licenses; modifying required content of petition for seeking judicial review of driver's license revocation for violating implied consent law; limiting scope of discovery in that proceeding under implied consent law; amending Minnesota Statutes 1998, section 169.123, subdivision 5c.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 873
Dawkins Hausman Leppik Otremba Stanek Spk. Sviggum
Dehler Hilty Lieder Ozment Stang
Dempsey Holberg Lindner Paulsen Storm
Dorman Holsten Luther Pawlenty Swenson

The bill was passed and its title agreed to.

MOTIONS AND RESOLUTIONS

Hasskamp moved that H. F. No. 1078 be recalled from the Committee on Jobs and Economic Development Policy and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, March 15, 1999. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, March 15, 1999.

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 26th Day - Thursday, March 11, 1999 - Top of Page 874