EIGHTY-FIRST SESSION 2000
__________________
ONE HUNDRED FIRST DAY
Saint Paul, Minnesota, Tuesday, April 4, 2000
This Journal as a PDF document
The House of Representatives convened at 9:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.
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 | Dorn | Howes | Mahoney | Paymar | Sykora | |
| Abrams | Entenza | Huntley | Mares | Pelowski | Tingelstad | |
| Anderson, B. | Erhardt | Jaros | Mariani | Peterson | Tomassoni | |
| Anderson, I. | Erickson | Jennings | Marko | Pugh | Trimble | |
| Bakk | Finseth | Johnson | McCollum | Rest | Tuma | |
| Biernat | Folliard | Juhnke | McElroy | Reuter | Tunheim | |
| Bishop | Fuller | Kahn | McGuire | Rhodes | Van Dellen | |
| Boudreau | Gerlach | Kalis | Milbert | Rifenberg | Vandeveer | |
| Bradley | Gleason | Kelliher | Molnau | Rostberg | Wagenius | |
| Broecker | Goodno | Kielkucki | Mulder | Rukavina | Wejcman | |
| Buesgens | Gray | Knoblach | Mullery | Schumacher | Wenzel | |
| Carlson | Greenfield | Koskinen | Murphy | Seagren | Westerberg | |
| Carruthers | Greiling | Krinkie | Ness | Seifert, J. | Westfall | |
| Cassell | Gunther | Kubly | Nornes | Seifert, M. | Westrom | |
| Chaudhary | Haake | Kuisle | Olson | Skoe | Wilkin | |
| Clark, J. | Haas | Larsen, P. | Opatz | Skoglund | Winter | |
| Clark, K. | Hackbarth | Larson, D. | Orfield | Smith | Wolf | |
| Daggett | Harder | Leighton | Osskopp | Solberg | Workman | |
| Davids | Hasskamp | Lenczewski | Osthoff | Stanek | Spk. Sviggum | |
| Dawkins | Hausman | Leppik | Otremba | Stang | ||
| Dehler | Hilty | Lieder | Ozment | Storm | ||
| Dempsey | Holberg | Lindner | Paulsen | Swapinski | ||
| Dorman | Holsten | Luther | Pawlenty | Swenson | ||
A quorum was present.
The Chief Clerk proceeded to read the Journal of the preceding day. Hasskamp moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF CHIEF CLERK
S. F. No. 2456 and H. F. No. 3786, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Anderson, B., moved that the rules be so far suspended that S. F. No. 2456 be substituted for H. F. No. 3786 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2484 and H. F. No. 3091, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Tomassoni moved that the rules be so far suspended that S. F. No. 2484 be substituted for H. F. No. 3091 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2655 and H. F. No. 3075, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Paulsen moved that the rules be so far suspended that S. F. No. 2655 be substituted for H. F. No. 3075 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2877 and H. F. No. 3328, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Hackbarth moved that S. F. No. 2877 be substituted for H. F. No. 3328 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3107 and H. F. No. 3301, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Goodno moved that the rules be so far suspended that S. F. No. 3107 be substituted for H. F. No. 3301 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3178 and H. F. No. 3550, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Hilty moved that the rules be so far suspended that S. F. No. 3178 be substituted for H. F. No. 3550 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3346 and H. F. No. 3424, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Pawlenty moved that the rules be so far suspended that S. F. No. 3346 be substituted for H. F. No. 3424 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3387 and H. F. No. 3652, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Goodno moved that the rules be so far suspended that S. F. No. 3387 be substituted for H. F. No. 3652 and that the House File be indefinitely postponed. The motion prevailed.
The following communication was received:
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 2000 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time and
S.F. H.F. Session Laws Date Approved Date Filed
No. No. Chapter No. 2000 2000
2903 300 2:40 p.m. March 31 March 31
2193 301 2:40 p.m. March 31 March 31
2821 302 2:42 p.m. March 31 March 31
2579 303 2:43 p.m. March 31 March 31
2569 304 2:44 p.m. March 31 March 31
3145 305 2:45 p.m. March 31 March 31
2326 306 2:45 p.m. March 31 March 31
Sincerely,
Mary Kiffmeyer
Secretary of State
REPORTS OF STANDING COMMITTEES
Abrams from the Committee on Taxes to which was referred:
H. F. No. 2352, A bill for an act relating to taxation; reenacting certain provisions of Laws 1997, chapter 231, relating to tax classification provisions for certain housing facilities, tax increment financing, and tax abatement and providing for retroactive application.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Abrams from the Committee on Taxes to which was referred:
H. F. No. 2673, A bill for an act relating to local government; establishing standards for the creation of corporations by political subdivisions; providing for the continuation of existing corporations created by political subdivisions; amending Minnesota Statutes 1998, section 238.08, subdivision 3; proposing coding for new law in Minnesota Statutes 1998, chapter 465; repealing Minnesota Statutes 1998, section 465.715, subdivisions 1, 2, and 3; Minnesota Statutes 1999 Supplement, section 465.715, subdivision 1a.
Reported the same back with the following amendments:
Page 2, line 16, after "for" insert "appointed officials of the political subdivision or"
Page 2, line 17, after "subdivision" insert "or both"
With the recommendation that when so amended the bill pass.
The report was adopted.
Abrams from the Committee on Taxes to which was referred:
H. F. No. 3345, A bill for an act relating to family law; changing certain child support enforcement provisions; amending Minnesota Statutes 1998, sections 256.979, by adding a subdivision; 270A.10; 518.64, subdivision 5; 518.68, subdivision 2; 552.01, subdivision 3, and by adding a subdivision; 552.03; and 552.04, subdivisions 4, 6, 11, and 16; Minnesota Statutes 1999 Supplement, section 13B.06, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 552; repealing Minnesota Statutes 1998, section 552.05, subdivisions 1, 2, 3, 6, 7, 8, and 9; Minnesota Statutes 1999 Supplement, section 552.05, subdivisions 4, 5, and 10; Minnesota Rules, parts 9500.1800; 9500.1805; 9500.1810; 9500.1811; 9500.1812; 9500.1815; 9500.1817; 9500.1820; and 9500.1821.
Reported the same back with the following amendments:
Page 3, delete section 3
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 5, delete "270A.10;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Abrams from the Committee on Taxes to which was referred:
H. F. No. 3668, A bill for an act relating to education finance; dampening the annual changes in the sales ratio study; amending Minnesota Statutes 1998, section 127A.48, subdivision 1.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Abrams from the Committee on Taxes to which was referred:
H. F. No. 3758, A bill for an act relating to taxation; economic development abatements; allowing abatement agreements for parcels in tax increment financing districts; allowing extended time periods under certain circumstances; amending Minnesota Statutes 1998, section 469.1813, subdivision 4; Minnesota Statutes 1999 Supplement, section 469.1813, subdivision 6.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Abrams from the Committee on Taxes to which was referred:
H. F. No. 3896, A bill for an act relating to taxes; sales and use tax; expanding the exemption for materials consumed in production; amending Minnesota Statutes 1999 Supplement, section 297A.25, subdivision 9.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Abrams from the Committee on Taxes to which was referred:
H. F. No. 4102, A bill for an act relating to taxation; authorizing the commissioner of revenue to enter into agreements with other states to develop a multistate system for sales and use tax collection.
Reported the same back with the recommendation that the bill pass.
Abrams from the Committee on Taxes to which was referred:
S. F. No. 2968, A bill for an act relating to lake improvement districts; modifying provisions relating to lake improvement districts; amending Minnesota Statutes 1998, sections 103B.535; 103B.545, subdivision 1; 103B.551, subdivision 1; 103B.555, subdivision 1; and 103B.571, subdivision 3.
Reported the same back with the following amendments:
Page 3, after line 23, insert:
"Sec. 6. Minnesota Statutes 1999 Supplement, section 275.70, subdivision 5, is amended to read:
Subd. 5. [SPECIAL LEVIES.] "Special levies" means those portions of ad valorem taxes levied by a local governmental unit for the following purposes or in the following manner:
(1) to pay the costs of the principal and interest on bonded indebtedness or to reimburse for the amount of liquor store revenues used to pay the principal and interest due on municipal liquor store bonds in the year preceding the year for which the levy limit is calculated;
(2) to pay the costs of principal and interest on certificates of indebtedness issued for any corporate purpose except for the following:
(i) tax anticipation or aid anticipation certificates of indebtedness;
(ii) certificates of indebtedness issued under sections 298.28 and 298.282;
(iii) certificates of indebtedness used to fund current expenses or to pay the costs of extraordinary expenditures that result from a public emergency; or
(iv) certificates of indebtedness used to fund an insufficiency in tax receipts or an insufficiency in other revenue sources;
(3) to provide for the bonded indebtedness portion of payments made to another political subdivision of the state of Minnesota;
(4) to fund payments made to the Minnesota state armory building commission under section 193.145, subdivision 2, to retire the principal and interest on armory construction bonds;
(5) for unreimbursed expenses related to flooding that occurred during the first half of calendar year 1997, as allowed by the commissioner of revenue under section 275.74, paragraph (b);
(6) for local units of government located in an area designated by the Federal Emergency Management Agency pursuant to a major disaster declaration issued for Minnesota by President Clinton after April 1, 1997, and before June 11, 1997, for the amount of tax dollars lost due to abatements authorized under section 273.123, subdivision 7, and Laws 1997, chapter 231, article 2, section 64, to the extent that they are related to the major disaster and to the extent that neither the state or federal government reimburses the local government for the amount lost;
(7) property taxes approved by voters which are levied against the referendum market value as provided under section 275.61;
(8) to fund matching requirements needed to qualify for federal or state grants or programs to the extent that either (i) the matching requirement exceeds the matching requirement in calendar year 1997, or (ii) it is a new matching requirement that didn't exist prior to 1998;
(9) to pay the expenses reasonably and necessarily incurred in preparing for or repairing the effects of natural disaster including the occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from natural causes, in accordance with standards formulated by the emergency services division of the state department of public safety, as allowed by the commissioner of revenue under section 275.74, paragraph (b);
(10) for the amount of tax revenue lost due to abatements authorized under section 273.123, subdivision 7, for damage related to the tornadoes of March 29, 1998, to the extent that neither the state or federal government provides reimbursement for the amount lost;
(11) pay amounts required to correct an error in the levy certified to the county auditor by a city or county in a levy year, but only to the extent that when added to the preceding year's levy it is not in excess of an applicable statutory, special law or charter limitation, or the limitation imposed on the governmental subdivision by sections 275.70 to 275.74 in the preceding levy year;
(12) to pay an abatement under section 469.1815;
(13) to pay the employer contribution to the local government correctional service retirement plan under
section 353E.03, subdivision 2, to the extent that the employer contribution exceeds 5.49 percent of total salary;
and
(14) to pay the operating or maintenance costs of a county jail as authorized in section 641.01 or 641.262, or of a correctional facility as defined in section 241.021, subdivision 1, paragraph (5), to the extent that the county can demonstrate to the commissioner of revenue that the amount has been included in the county budget as a direct result of a rule, minimum requirement, minimum standard, or directive of the department of corrections. If the county utilizes this special levy, any amount levied by the county in the previous levy year for the purposes specified under this clause and included in the county's previous year's levy limitation computed under section 275.71, shall be deducted from the levy limit base under section 275.71, subdivision 2, when determining the county's current year levy limitation. The county shall provide the necessary information to the commissioner of revenue for making this determination; and
(15) to pay for operation of a lake improvement district, as authorized under section 103B.555. If the county utilizes this special levy, any amount levied by the county in the previous levy year for the purposes specified under this clause and included in the county's previous year's levy limitation computed under section 275.71 shall be deducted from the levy limit base under section 275.71, subdivision 2, when determining the county's current year levy limitation. The county shall provide the necessary information to the commissioner of revenue for making this determination.
Sec. 7. [EFFECTIVE DATE.]
Section 6 is effective beginning with taxes levied in 2000, payable in 2001 and thereafter, providing that the levy limits provisions in Minnesota Statutes, sections 275.70 to 275.74 are extended to taxes levied in 2000."
Amend the title as follows:
Page 1, line 6, before the period, insert "; Minnesota Statutes 1999 Supplement, section 275.70, subdivision 5"
With the recommendation that when so amended the bill pass.
The report was adopted.
H. F. Nos. 2352, 2673, 3345, 3668, 3758, 3896 and 4102 were read for the second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 2456, 2484, 2655, 2877, 3107, 3178, 3346, 3387 and 2968 were read for the second time.
The following House File was introduced:
Hackbarth, Smith, Stanek, Molnau and Erickson introduced:
H. F. No. 4136, A bill for an act relating to crimes; authorizing imposition of the death penalty for committing first degree murder by causing death of a human being while committing criminal sexual conduct in the first or second degree with force or violence under aggravating circumstances; providing a statutory framework, including procedures and criteria, consistent with due process for determining when the imposition of the death penalty is appropriate; providing for automatic appellate review of death penalty cases; providing an administrative framework for implementing the death penalty; amending Minnesota Statutes 1998, sections 243.05, subdivision 1; 609.10, subdivision 1; 609.12, subdivision 1; 609.135, subdivision 1; and 609.185; proposing coding for new law as Minnesota Statutes, chapter 244A.
The bill was read for the first time and referred to the Committee on Crime Prevention.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2683, A bill for an act relating to game and fish; exempting archery bows used for bow fishing from casing requirement; authorizing disability permits for taking rough fish and hunting small game with a crossbow; amending Minnesota Statutes 1998, sections 97B.051; 97B.055, subdivision 2; and 97B.106.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Samuelson, Lessard and Pariseau.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Hackbarth moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2683. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 3169, A bill for an act relating to family law; providing for parenting plans; changing certain terminology; appropriating money; amending Minnesota Statutes 1998, sections 15.87; 119A.37; 124D.23, subdivision 8; 256L.01, subdivision 3a; 257.541; 257.75, subdivision 3; 257A.01, subdivision 2; 257A.03, subdivision 2; 480.30, subdivision 1; 494.015, subdivision 1; 517.08, subdivision 1c; 518.003, subdivision 3, and by adding a subdivision; 518.131, subdivisions 1, 2, 3, 7, and by adding a subdivision; 518.156; 518.157, subdivisions 1 and 3; 518.165, subdivision 1; 518.17, subdivision 1; 518.175, subdivisions 1, 1a, 2, 3, 5, 6, and 8; 518.1751; 518.176, subdivision 2; 518.177; 518.179, subdivision 1; 518.18; 518.612; 518.619, subdivision 1; 518.68, subdivisions 1 and 2; 518B.01, subdivisions 4, 6, and 8; 519.11, subdivision 1a; 609.26, subdivision 2; 629.341, subdivision 3; and 631.52, subdivision 1; Minnesota Statutes 1999 Supplement, sections 119A.45; 257.66, subdivision 3; 494.03; 518.155; 518.165, subdivision 2; 518.178; 518.551, subdivision 5; and 609.26, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 518.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Kiscaden, Betzold and Foley.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Dawkins moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3169. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 3272, A bill for an act relating to the building code; modifying requirements of bleacher safety; amending Minnesota Statutes 1999 Supplement, section 16B.616, subdivisions 3 and 4.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Wiener, Kinkel and Olson.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Bradley moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3272. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2397.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2397
A bill for an act relating to occupational health and safety; establishing standards for employer activities to reduce occupational exposure to bloodborne pathogens through sharps injuries; proposing coding for new law in Minnesota Statutes, chapter 182.
March 29, 2000
The Honorable Allan H. Spear
President of the Senate
The Honorable Steve Sviggum
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2397, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 2397 be further amended as follows:
Page 1, line 26, after "make" insert "advisory"
Page 2, line 1, after the period, insert "The recommendations are not binding on the employer."
Page 2, line 14, delete "may" and insert "does"
We request adoption of this report and repassage of the bill.
Senate Conferees: Linda I. Higgins, Dave Johnson and Arlene J. Lesewski.
House Conferees: Dennis Ozment, Jim Abeler and Darlene Luther.
Ozment moved that the report of the Conference Committee on S. F. No. 2397 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 2397, A bill for an act relating to occupational health and safety; establishing standards for employer activities to reduce occupational exposure to bloodborne pathogens through sharps injuries; proposing coding for new law in Minnesota Statutes, chapter 182.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 123 yeas and 4 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Holsten | Lieder | Paymar | Sykora | |
| Abrams | Entenza | Howes | Lindner | Pelowski | Tingelstad | |
| Anderson, I. | Erhardt | Huntley | Luther | Peterson | Tomassoni | |
| Bakk | Erickson | Jaros | Mares | Pugh | Trimble | |
| Biernat | Finseth | Jennings | Marko | Reuter | Tuma | |
| Bishop | Folliard | Johnson | McCollum | Rhodes | Tunheim | |
| Boudreau | Fuller | Juhnke | McElroy | Rostberg | Vandeveer | |
| Bradley | Gerlach | Kahn | McGuire | Rukavina | Wagenius | |
| Broecker | Gleason | Kalis | Milbert | Schumacher | Wejcman | |
| Buesgens | Goodno | Kelliher | Molnau | Seagren | Wenzel | |
| Carlson | Greenfield | Kielkucki | Mullery | Seifert, J. | Westerberg | |
| Carruthers | Greiling | Knoblach | Murphy | Seifert, M. | Westfall | |
| Cassell | Gunther | Koskinen | Ness | Skoe | Westrom | |
| Chaudhary | Haake | Krinkie | Nornes | Skoglund | Wilkin | |
| Clark, J. | Haas | Kubly | Opatz | Smith | Winter | |
| Daggett | Hackbarth | Kuisle | Osskopp | Solberg | Wolf | |
| Davids | Harder | Larsen, P. | Osthoff | Stanek | Workman | |
| Dawkins | Hasskamp | Larson, D. | Otremba | Stang | Spk. Sviggum | |
| Dehler | Hausman | Leighton | Ozment | Storm | ||
| Dempsey | Hilty | Lenczewski | Paulsen | Swapinski | ||
| Dorman | Holberg | Leppik | Pawlenty | Swenson | ||
Those who voted in the negative were:
| Anderson, B. | Mulder | Olson | Rifenberg | |
The bill was repassed, as amended by Conference, 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. 2686, 2956, 3439, 953 and 2893.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 2686, A bill for an act relating to health; establishing requirements for the sale of funeral goods and services and preneed funeral arrangements; modifying the enforcement authority of the commissioner of health; modifying licensing requirements for funeral establishments; prohibiting certain solicitations of sales by funeral providers; requiring certain disclosures by funeral providers; prohibiting certain deceptive acts and practices for funeral providers; establishing requirements for preneed funeral agreements; amending Minnesota Statutes 1998, sections 149A.02, subdivision 22, and by adding subdivisions; 149A.08, subdivisions 1, 3, 4, and by adding a subdivision; 149A.70, by adding subdivisions; 149A.71, subdivisions 1, 2, 3, and 4; 149A.72, subdivisions 5, 6, 7,
9, 10, 11, 12, and 13; 149A.73, subdivisions 1, 3, 4, and by adding a subdivision; 149A.75; and 149A.97, subdivisions 1, 2, 3, 6, 9, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 149A.
The bill was read for the first time.
Rest moved that S. F. No. 2686 and H. F. No. 2713, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2956, A bill for an act relating to transportation; adopting Midwest Interstate Passenger Rail Compact; amending Minnesota Statutes 1998, section 218.011, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 218.
The bill was read for the first time.
Molnau moved that S. F. No. 2956 and H. F. No. 3688, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3439, A bill for an act relating to energy conservation; providing for replacement heating systems and related energy conservation measures in cities discontinuing district heating systems; proposing coding for new law in Minnesota Statutes, chapter 451.
The bill was read for the first time and referred to the Committee on Taxes.
S. F. No. 953, A bill for an act relating to health; providing for certain patient rights and protections; regulating coverages and the classification of treatment; specifying the duties of certain carriers and providers; providing remedies; amending Minnesota Statutes 1998, sections 62A.60; 62J.71, subdivision 3; 62J.72, by adding a subdivision; 62J.80; 62M.09, subdivisions 2 and 6; and 62Q.58, by adding subdivisions; Minnesota Statutes 1999 Supplement, sections 62M.07; and 62M.09, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 62Q; proposing coding for new law as Minnesota Statutes, chapter 62U.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
S. F. No. 2893, A bill for an act relating to business subsidies; providing clarification to the obligation of government agencies and businesses related to certain business subsidies; amending Minnesota Statutes 1999 Supplement, sections 116J.993, subdivision 3; 116J.994, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, and by adding a subdivision; and 116J.995.
The bill was read for the first time and referred to the Committee on Taxes.
LEGISLATIVE ADMINISTRATION
Pawlenty from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day, immediately following the remaining bills on the Calendar for the Day, for Tuesday, April 4, 2000:
S. F. Nos. 1126, 3234 and 2725; H. F. No. 3901; S. F. Nos. 2949, 2870, 2865, 2858, 2789, 83, 3290, 2547, 2987, 2655, 1038 and 3178; H. F. Nos. 3278, 3481 and 3501; S. F. Nos. 1870, 2723 and 76; H. F. No. 3497; and S. F. Nos. 2500, 3428, 3198, 2785, 3533, 1288 and 3348.
CALENDAR FOR THE DAY
S. F. No. 2951 was reported to the House.
Larsen, P., moved to amend S. F. No. 2951 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 3586, the second engrossment:
"Section 1. Minnesota Statutes 1999 Supplement, section 414.12, is amended to read:
414.12 [DIRECTOR'S POWERS.]
Subdivision 1. [ALTERNATIVE DISPUTE RESOLUTION.] Notwithstanding anything to the contrary in sections 414.01 to 414.11, the director of the office of strategic and long-range planning, upon consultation with affected parties and considering the procedures and principles established in sections 414.01 to 414.11, and Laws 1997, chapter 202, article 4, sections 1 to 13, may require that disputes over proposed boundary adjustments be resolved by means of alternative dispute resolution processes in place of hearings that would otherwise be required pursuant to sections 414.01 to 414.09, including those provided in chapter 14, in the execution of the office's duties under this chapter. Alternative dispute resolution processes that may be required include:
(1) the contested case procedures provided by sections 14.57 to 14.62;
(2) the mediation and arbitration process provided by sections 572A.015 to 572A.03; or
(3) another mediation and arbitration process ordered by the director.
Subd. 2. [DELEGATION OF AUTHORITY.] The director may, with the agreement of the chief administrative law judge, delegate to the office of administrative hearings, in any individual case or group of cases, the director's authority and responsibility to conduct hearings and issue final orders under sections 414.01 to 414.09. In the case of detachment of lands from a municipality, if the parties do not agree to resolve a boundary adjustment matter by mediation or arbitration, then the case shall be referred to an administrative law judge to conduct hearings and issue final orders under sections 414.01 to 414.09.
Subd. 3. [COST OF PROCEEDINGS.] The parties to any matter directed to alternative dispute resolution under subdivision 1 or delegated to the office of administrative hearings under subdivision 2 must pay the costs of the alternative dispute resolution process or hearing in the proportions that they agree to. Notwithstanding section 14.53 or other law, the office of strategic and long-range planning is not liable for the costs. If the parties do not agree to a division of the costs before the commencement of mediation, arbitration, or hearing, the costs must be allocated on an equitable basis by the mediator, arbitrator, or chief administrative law judge.
Subd. 4. [PARTIES.] In this section, "party" means:
(1) a property owner, group of property owners, municipality, or township that files an initiating document or timely objection under this chapter;
(2) the municipality or township within which the subject area is located;
(3) a municipality abutting the subject area; and
(4) any other person, group of persons, or governmental agency residing in, owning property in, or exercising jurisdiction over the subject area that files with the director a notice of appearance within 14 days of publication of the notice required by section 414.09.
Sec. 2. [414.13] [REFERENDUM ON IMPLEMENTATION WHEN ANNEXING AN ENTIRE TOWN.]
Subdivision 1. [APPLICATION.] Notwithstanding any other provision to the contrary, this section applies if the final order, decision, or award in a boundary adjustment matter under this chapter provides for the annexation of over 90 percent of the area of a town.
Subd. 2. [RESOLUTIONS FOR IMPLEMENTATION.] Within 60 days of a final order, decision, or award, the city and the town shall each prepare a plan for transition to and for the final city council structure and membership. If either the city or the town does not prepare a plan, the director of the office of strategic and long-range planning must prepare a plan for the city or town. The maximum amount of time the transition may take is no longer than the longest remaining term of any city council member or town board officer in office at the time the final order, award, or decision is made.
Subd. 3. [NO ELECTION REQUIRED.] If the two plans are identical, they must be implemented according to the plan without an election. If neither the city nor town prepare a plan, the director of the office of strategic and long-range planning shall prepare the plan and it must be implemented without an election.
Subd. 4. [ELECTION REQUIRED.] Within 180 days of a final order, decision, or award, an election must be held to determine which of the two plans will be implemented. Both plans must be put before the voters in both the city and the area of the town being annexed and the plan that receives the majority of the votes must be implemented, beginning immediately after the election.
Sec. 3. [REPORT TO LEGISLATURE.]
The director of the office of strategic and long-range planning must report to the senate committee on local and metropolitan government and the house of representatives committee on local government and metropolitan affairs by February 1, 2002, on the effect of the transfer to the office of authority and duties under Minnesota Statutes, chapter 414. The report must describe the successes and failures of the processes in resolving disputes, and include the comments, suggestions, and criticisms of the processes from local governments that have participated in the processes, interested associations representing local governments, administrative law judges that have presided over boundary adjustment matters, private property protection organizations, and the office of administrative hearings. The office of strategic and long-range planning may adopt or amend rules governing use of mediation and arbitration in boundary adjustment disputes. Until May 1, 2002, these rules are exempt from chapter 14.
Sec. 4. [REVISOR INSTRUCTION.]
The revisor of statutes is directed to prepare legislation for the 2001 legislative session that makes changes to Minnesota Statutes, chapter 414, to reflect the transfer of powers and duties from the Minnesota municipal board, now abolished, to the office of strategic and long-range planning. In preparing the legislation, the revisor may consult with any interested person. The revisor shall provide the preliminary draft legislation to the chairs of the house local government and metropolitan affairs committee and the senate local and metropolitan government committee.
Sec. 5. [REPEALER.]
Minnesota Statutes 1998, section 414.10, is repealed.
Sec. 6. [EFFECTIVE DATES.]
Subdivision 1. [PROCEEDINGS.] Section 1, subdivisions 1, 2, and 4, are effective retroactive to June 1, 1999, and apply to all matters pending on or commenced on or after that date. Section 3 is effective the day following final enactment.
Subd. 2. [COSTS.] Section 1, subdivision 3, is effective retroactive to June 1, 1999, and applies only to boundary adjustment matters commenced on or after June 1, 1999, except for the city of St. Cloud which is responsible for its costs as provided in section 1, subdivision 3, in the boundary adjustment matter with the town of St. Augusta. For all other boundary adjustment matters commenced before June 1, 1999, all costs must be allocated as provided in law and rule prior to the abolition of the Minnesota municipal board, and the maximum total amount the parties may be charged by the office of strategic and long-range planning, the office of administrative hearings, or as part of an arbitration is no more than the Minnesota municipal board could have charged if the matter had been heard and decided by the board. Costs that exceed what the municipal board could have charged must be paid by the office of strategic and long-range planning."
Delete the title and insert:
"A bill for an act relating to municipalities; clarifying the use of alternative dispute resolution in certain proceedings; requiring special procedures to implement annexation of substantially all of a town; instructing the revisor; requiring a report; providing for retroactive effect, with an exception; allocating certain costs; repealing a certain alternative dispute procedure; amending Minnesota Statutes 1999 Supplement, section 414.12; proposing coding for new law in Minnesota Statutes, chapter 414; repealing Minnesota Statutes 1998, section 414.10."
The motion prevailed and the amendment was adopted.
Anderson, B., moved to amend S. F. No. 2951, as amended, as follows:
Page 4, line 12, after the period, insert "The report must consider the desirability of involving the secretary of state, the attorney general, or other state-elected officials in the dispute resolution process."
The motion prevailed and the amendment was adopted.
Knoblach and Opatz moved to amend S. F. No. 2951, as amended, as follows:
Page 4, line 36, delete everything after "1999" and insert a period
Page 5, delete lines 1 and 2
Page 5, line 3, delete everything before "For" and delete "other"
The motion prevailed and the amendment was adopted.
S. F. No. 2951, A bill for an act relating to municipalities; clarifying the use of alternative dispute resolution in certain proceedings; requiring a report to the legislature; exempting the office of strategic and long-range planning from adopting rules until a certain date; providing instructions to the revisor of statutes; amending Minnesota Statutes 1999 Supplement, section 414.12; repealing Minnesota Statutes 1998, section 414.10.
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 128 yeas and 4 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Howes | Mares | Pelowski | Sykora | |
| Abrams | Entenza | Huntley | Mariani | Peterson | Tingelstad | |
| Anderson, I. | Erhardt | Jaros | Marko | Pugh | Tomassoni | |
| Bakk | Erickson | Jennings | McCollum | Rest | Trimble | |
| Biernat | Finseth | Johnson | McElroy | Reuter | Tuma | |
| Bishop | Folliard | Juhnke | McGuire | Rhodes | Tunheim | |
| Boudreau | Fuller | Kahn | Milbert | Rifenberg | Vandeveer | |
| Bradley | Gerlach | Kalis | Molnau | Rostberg | Wagenius | |
| Broecker | Goodno | Kelliher | Mullery | Rukavina | Wejcman | |
| Buesgens | Gray | Kielkucki | Murphy | Schumacher | Wenzel | |
| Carlson | Greenfield | Knoblach | Ness | Seagren | Westerberg | |
| Carruthers | Greiling | Koskinen | Nornes | Seifert, J. | Westfall | |
| Cassell | Gunther | Kubly | Olson | Seifert, M. | Westrom | |
| Chaudhary | Haake | Kuisle | Opatz | Skoe | Wilkin | |
| Clark, J. | Haas | Larsen, P. | Orfield | Skoglund | Winter | |
| Clark, K. | Hackbarth | Larson, D. | Osskopp | Smith | Wolf | |
| Daggett | Harder | Leighton | Osthoff | Solberg | Workman | |
| Davids | Hasskamp | Lenczewski | Otremba | Stanek | Spk. Sviggum | |
| Dawkins | Hausman | Leppik | Ozment | Stang | ||
| Dehler | Hilty | Lieder | Paulsen | Storm | ||
| Dempsey | Holberg | Lindner | Pawlenty | Swapinski | ||
| Dorman | Holsten | Luther | Paymar | Swenson | ||
Those who voted in the negative were:
| Anderson, B. | Gleason | Krinkie | Mulder | |
The bill was passed, as amended, and its title agreed to.
S. F. No. 2200 was reported to the House.
Ozment moved that S. F. No. 2200 be continued on the Calendar for the Day. The motion prevailed.
S. F. No. 2850, A bill for an act relating to human services; extending participation in the prepayment demonstration project for Itasca county; amending Minnesota Statutes 1998, section 256B.69, 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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
S. F. No. 3354, A bill for an act relating to manufactured homes; clarifying the requirements for a limited dealer license; amending Minnesota Statutes 1998, section 327B.04, subdivision 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 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
The Speaker called Rukavina to the Chair.
Solberg was excused between the hours of 10:35 a.m. and 11:20 a.m.
S. F. No. 3002 was reported to the House.
Bakk moved to amend S. F. No. 3002 as follows:
Page 6, after line 15, insert:
"Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE PARK.]
(a) Notwithstanding Minnesota Statutes, section 85.012, subdivision 1, the commissioner of natural resources shall not cancel a lease, except for noncompliance with the lease agreement, for any of the 149 boathouse lots located at Stuntz Bay in the Soudan Underground Mine state park and shall offer each lease for renewal to the leaseholder at the time of expiration.
(b) When a lease described under paragraph (a) is transferred, the transferee shall pay to the department of natural resources an annual lease fee."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 3002, A bill for an act relating to natural resources; adding to and deleting from state parks; amending Minnesota Statutes 1998, section 85.012, subdivision 32a.
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 117 yeas and 16 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Anderson, B. | Gerlach | Knoblach | Mulder | Rifenberg | Workman | |
| Buesgens | Holberg | Krinkie | Olson | Westerberg | ||
| Erickson | Kielkucki | Marko | Reuter | Wilkin | ||
The bill was passed, as amended, and its title agreed to.
S. F. No. 2742 was reported to the House.
Biernat moved to amend S. F. No. 2742 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 3517, the first engrossment:
"Section 1. Minnesota Statutes 1998, section 542.16, subdivision 1, is amended to read:
Subdivision 1. [INITIAL DISQUALIFICATION.] Any party, or the party's attorney, to a cause pending in a
district court, within one day after it is ascertained which judge is to preside at the trial or hearing thereof, or
at the hearing of any motion or order to show cause, except for a proceeding under section 484.702,
may make and file with the court administrator in which the action is pending and serve on the opposite party a
notice to remove. The notice must be served and filed within ten days after the party receives notice of which
judge or judicial officer is to preside at the trial or hearing, or, if no notice of a hearing is served with the summons,
then within the time to answer the summons, whichever is later. Thereupon without any further act or proof,
the chief judge of the judicial district shall assign any other judge of any court within the district to preside at the
trial of the cause or the hearing of the motion or order to show cause, and the cause shall be continued on the
calendar, until the assigned judge can be present. In criminal actions the notice to remove shall be made and filed
with the court administrator by the defendant, or the defendant's attorney, not less than two days before the expiration
of the time allowed by law to prepare for trial and in any of those cases the presiding judge shall be incapacitated
to try the cause. In criminal cases, the chief judge, for the purpose of securing a speedy trial, may change the place
of trial to another county.
Sec. 2. [MEDICAL SUPPORT RECOMMENDATIONS.]
The commissioner of human services, in consultation with the commissioner's advisory committee, shall study
and make recommendations for changes to the medical support statutes under Minnesota Statutes, chapter 518. The
commissioner shall consider the medical support recommendations from the federal medical support workgroup created in the Federal Child Support Performance and Incentive Act of 1998, Public Law Number 105-200, section 401.
The commissioner shall submit legislative recommendations to the chairs of the senate judiciary committee and the house civil law committee by January 15, 2001.
Sec. 3. [REPEALER.]
Minnesota Statutes 1998, sections 144.224; 518.147; and 518.583, are repealed."
Delete the title and insert:
"A bill for an act relating to family law; changing the time for filing a notice to remove; requiring a study of medical support statutes; eliminating certain requirements; amending Minnesota Statutes 1998, section 542.16, subdivision 1; repealing Minnesota Statutes 1998, sections 144.224; 518.147; and 518.583."
The motion prevailed and the amendment was adopted.
S. F. No. 2742, A bill for an act relating to family law; changing the time for filing a notice to remove; requiring a study of medical support statutes; eliminating certain requirements; amending Minnesota Statutes 1998, sections 518.55, subdivision 4; and 542.16, subdivision 1; Minnesota Statutes 1999 Supplement, section 518.6111, subdivision 5; repealing Minnesota Statutes 1998, sections 144.224; 518.147; and 518.583.
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 99 yeas and 33 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Anderson, B. | Dempsey | Holsten | Mulder | Rostberg | Westrom | |
| Buesgens | Dorman | Kielkucki | Nornes | Seifert, M. | Wilkin | |
| Cassell | Erickson | Knoblach | Olson | Stang | Workman | |
| Clark, J. | Gerlach | Krinkie | Ozment | Vandeveer | ||
| Davids | Harder | Kuisle | Reuter | Westerberg | ||
| Dehler | Holberg | Molnau | Rifenberg | Westfall | ||
The bill was passed, as amended, and its title agreed to.
H. F. No. 2610 was reported to the House.
Boudreau moved to amend H. F. No. 2610, the first engrossment, as follows:
Page 1, line 11, before the period, insert ", as defined in section 169.01, subdivision 10"
Page 1, delete lines 17 to 19
Page 1, line 20, delete "(e)" and insert "(d)"
The motion prevailed and the amendment was adopted.
Kubly offered an amendment to H. F. No. 2610, the first engrossment, as amended.
Boudreau raised a point of order pursuant to rule 3.21 that the Kubly amendment was not in order. Speaker pro tempore Rukavina ruled the point of order well taken and the Kubly amendment out of order.
H. F. No. 2610, A bill for an act relating to crime prevention; adding definitions to the criminal vehicular operation law; amending Minnesota Statutes 1998, section 609.21, subdivision 5.
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 61 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Anderson, I. | Erickson | Juhnke | Molnau | Reuter | Tomassoni | |
| Bakk | Finseth | Kahn | Mulder | Rifenberg | Trimble | |
| Bradley | Folliard | Kielkucki | Mullery | Rostberg | Tunheim | |
| Buesgens | Gerlach | Krinkie | Murphy | Rukavina | Van Dellen | |
| Carlson | Haake | Kubly | Ness | Schumacher | Vandeveer | |
| Cassell | Hausman | Kuisle | Nornes | Seifert, J. | Wejcman | |
| Chaudhary | Hilty | Larsen, P. | Olson | Seifert, M. | Westfall | |
| Clark, J. | Holberg | Lieder | Osskopp | Skoe | Westrom | |
| Daggett | Holsten | Lindner | Otremba | Solberg | Wilkin | |
| Davids | Huntley | Luther | Pelowski | Stang | Winter | |
| Dehler | Jaros | Mares | Peterson | Swapinski | Wolf | |
| Dempsey | Jennings | Marko | Pugh | Swenson | Workman | |
The bill was not passed, as amended.
S. F. No. 3455, A bill for an act relating to crime prevention; limiting the liability of financial institutions that provide information in good faith on stolen, forged, or fraudulent checks in the course of an investigation; making it a crime to falsely report stolen checks to a financial institution or to possess, sell, receive, or transfer stolen or counterfeit checks; providing criminal penalties and forfeiture remedies for such conduct; expanding the racketeering crime to include organized criminal activity involving stolen or counterfeit checks; making technical corrections to certain penalties; amending Minnesota Statutes 1998, section 299A.61, subdivision 3; Minnesota Statutes 1999 Supplement, sections 609.527, subdivision 3; 609.531, subdivision 1; and 609.902, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 609.
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 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
S. F. No. 3423 was reported to the House.
Abrams moved to amend S. F. No. 3423 as follows:
Page 1, line 8, after "VICTIMS" insert "INSURANCE"
Page 6, line 14, after "may" insert ", in accordance with section 60A.052,"
Page 7, line 18, after "Victims" insert "Insurance"
The motion prevailed and the amendment was adopted.
S. F. No. 3423, A bill for an act relating to insurance; requiring the commissioner of commerce to assist Holocaust victims to settle claims and recover proceeds from applicable insurance policies; proposing coding for new law in Minnesota Statutes, chapter 60A.
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 133 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
Van Dellen
The bill was passed, as amended, and its title agreed to.
H. F. No. 3491 was reported to the House.
Davids moved that H. F. No. 3491 be continued on the Calendar for the Day. The motion prevailed.
S. F. No. 2989, A bill for an act relating to state government; the office of administrative hearings; authorizing the chief administrative law judge to establish a system of training in additional areas for judges; providing ethical standards for the chief administrative law judge, administrative law judges, and compensation judges; amending Minnesota Statutes 1998, sections 14.48; and 14.50.
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 119 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Anderson, B. | Gerlach | Larsen, P. | Reuter | Westerberg | Wilkin | |
| Buesgens | Holberg | Molnau | Rifenberg | Westrom | ||
| Clark, J. | Krinkie | Mulder | Storm | |||
The bill was passed and its title agreed to.
Speaker pro tempore Rukavina called Abrams to the Chair.
S. F. No. 3701 was reported to the House.
Mahoney and Osthoff moved to amend S. F. No. 3701 as follows:
Page 1, line 20, delete everything after "contractors"
Page 1, line 21, delete "and contractors,"
A roll call was requested and properly seconded.
The Speaker resumed the Chair.
The question was taken on the Mahoney and Osthoff amendment and the roll was called. There were 81 yeas and 52 nays as follows:
Those who voted in the affirmative were:
| Abeler | Entenza | Jaros | Luther | Otremba | Swapinski | |
| Anderson, I. | Folliard | Jennings | Mahoney | Ozment | Swenson | |
| Bakk | Fuller | Johnson | Mares | Paymar | Tomassoni | |
| Biernat | Gleason | Juhnke | Mariani | Pelowski | Trimble | |
| Bishop | Goodno | Kahn | Marko | Peterson | Tuma | |
| Boudreau | Gray | Kalis | McCollum | Pugh | Tunheim | |
| Carlson | Greenfield | Kelliher | McGuire | Rest | Vandeveer | |
| Carruthers | Greiling | Koskinen | Milbert | Rukavina | Wagenius | |
| Chaudhary | Hackbarth | Kubly | Mullery | Schumacher | Wejcman | |
| Clark, K. | Hasskamp | Larsen, P. | Murphy | Seifert, J. | Wenzel | |
| Daggett | Hausman | Larson, D. | Opatz | Skoe | Winter | |
| Dawkins | Hilty | Leighton | Orfield | Skoglund | ||
| Dempsey | Holsten | Lenczewski | Osskopp | Smith | ||
| Dorn | Huntley | Lieder | Osthoff | Solberg | ||
Those who voted in the negative were:
| Abrams | Dorman | Holberg | Molnau | Rostberg | Westerberg | |
| Anderson, B. | Erhardt | Howes | Mulder | Seagren | Westfall | |
| Bradley | Erickson | Kielkucki | Ness | Seifert, M. | Westrom | |
| Broecker | Finseth | Knoblach | Nornes | Stanek | Wilkin | |
| Buesgens | Gerlach | Krinkie | Olson | Stang | Wolf | |
| Cassell | Gunther | Kuisle | Paulsen | Storm | Workman | |
| Clark, J. | Haake | Leppik | Pawlenty | Sykora | Spk. Sviggum | |
| Davids | Haas | Lindner | Reuter | Tingelstad | ||
| Dehler | Harder | McElroy | Rhodes | Van Dellen | ||
The motion prevailed and the amendment was adopted.
S. F. No. 3701, A bill for an act relating to state government; adding members to the designer selection board; providing the designation of at least two designers for projects at the University of Minnesota or the state colleges and universities; amending Minnesota Statutes 1998, section 16B.33, subdivisions 2 and 3a.
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 120 yeas and 12 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holsten | Lindner | Paulsen | Stang | |
| Abrams | Dorn | Howes | Luther | Pawlenty | Storm | |
| Anderson, I. | Entenza | Huntley | Mahoney | Paymar | Swapinski | |
| Bakk | Erhardt | Jaros | Mares | Pelowski | Swenson | |
| Biernat | Erickson | Jennings | Mariani | Peterson | Sykora | |
| Bishop | Finseth | Johnson | Marko | Pugh | Tingelstad | |
| Boudreau | Folliard | Juhnke | McCollum | Rest | Tomassoni | |
| Bradley | Fuller | Kalis | McElroy | Rhodes | Trimble | |
| Broecker | Gleason | Kelliher | Milbert | Rifenberg | Tuma | |
| Carlson | Goodno | Kielkucki | Molnau | Rostberg | Van Dellen | |
| Carruthers | Gray | Knoblach | Mullery | Rukavina | Vandeveer | |
| Cassell | Greenfield | Koskinen | Murphy | Schumacher | Wejcman | |
| Chaudhary | Gunther | Kubly | Ness | Seagren | Wenzel | |
| Clark, J. | Haake | Kuisle | Nornes | Seifert, J. | Westerberg | |
| Clark, K. | Haas | Larsen, P. | Opatz | Seifert, M. | Westfall | |
| Daggett | Hackbarth | Larson, D. | Orfield | Skoe | Westrom | |
| Davids | Harder | Leighton | Osskopp | Skoglund | Winter | |
| Dawkins | Hasskamp | Lenczewski | Osthoff | Smith | Wolf | |
| Dehler | Hausman | Leppik | Otremba | Solberg | Workman | |
| Dempsey | Hilty | Lieder | Ozment | Stanek | Spk. Sviggum | |
Those who voted in the negative were:
| Anderson, B. | Gerlach | Holberg | Krinkie | Olson | Wagenius | |
| Buesgens | Greiling | Kahn | Mulder | Reuter | Wilkin | |
The bill was passed, as amended, and its title agreed to.
S. F. No. 551 was reported to the House.
Skoglund and Biernat moved to amend S. F. No. 551, the unofficial engrossment, as follows:
Page 13, after line 12, insert:
"Sec. 17. Minnesota Statutes 1998, section 624.712, subdivision 5, is amended to read:
Subd. 5. [CRIME OF VIOLENCE.] "Crime of violence" includes murder in the first, second, and third degrees,
manslaughter in the first and second degrees, aiding suicide, aiding attempted suicide, felony violations of assault
in the first, second, third, and fourth, and fifth degrees, assaults motivated by bias under section
609.2231, subdivision 4, felony-level domestic assaults under section 609.2242, drive-by shootings,
terroristic threats, use of drugs to injure or to facilitate crime, crimes committed for the benefit of a gang, commission
of a crime while wearing or possessing a bullet-resistant vest, simple robbery, aggravated robbery, kidnapping, false
imprisonment, criminal sexual conduct in the first, second, third, and fourth degrees, theft of a firearm, felony theft
involving the intentional taking or driving of a motor vehicle without the consent of the owner or the authorized
agent of the owner, felony theft involving the taking of property from a burning, abandoned, or vacant building, or
from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle, felony theft involving
the theft of a controlled substance, an explosive, or an incendiary device, arson in the first and second degrees, riot,
burglary in the first, second, third, and fourth degrees, harassment and stalking, shooting at a public transit vehicle
or facility, reckless use of a gun or dangerous weapon, intentionally pointing a gun at or towards a human being,
setting a spring gun, and unlawfully owning, possessing, operating a machine gun or short-barreled shotgun, and
an attempt to commit any of these offenses, as each of those offenses is defined in chapter 609. "Crime of violence"
also includes felony violations of the following: malicious punishment of a child; neglect or endangerment of a
child; and chapter 152."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Skoglund and Biernat amendment and the roll was called. There were 61 yeas and 72 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Gleason | Juhnke | Mahoney | Otremba | Tomassoni | |
| Bakk | Gray | Kahn | Mariani | Paymar | Trimble | |
| Biernat | Greenfield | Kalis | Marko | Pelowski | Tunheim | |
| Carlson | Greiling | Kelliher | McCollum | Peterson | Wagenius | |
| Carruthers | Hasskamp | Koskinen | McGuire | Pugh | Wejcman | |
| Chaudhary | Hausman | Kubly | Milbert | Rest | Winter | |
| Clark, K. | Hilty | Larson, D. | Mullery | Rukavina | ||
| Dawkins | Huntley | Leighton | Murphy | Schumacher | ||
| Dorn | Jaros | Lenczewski | Opatz | Skoglund | ||
| Entenza | Jennings | Lieder | Orfield | Solberg | ||
| Folliard | Johnson | Luther | Osthoff | Swapinski | ||
Those who voted in the negative were:
| Abeler | Dehler | Hackbarth | Mares | Rhodes | Sykora | |
| Abrams | Dempsey | Harder | McElroy | Rifenberg | Tingelstad | |
| Anderson, B. | Dorman | Holberg | Molnau | Rostberg | Tuma | |
| Bishop | Erhardt | Holsten | Mulder | Seagren | Van Dellen | |
| Boudreau | Erickson | Howes | Ness | Seifert, J. | Wenzel | |
| Bradley | Finseth | Kielkucki | Nornes | Seifert, M. | Westerberg | |
| Broecker | Fuller | Knoblach | Olson | Skoe | Westfall | |
| Buesgens | Gerlach | Krinkie | Osskopp | Smith | Westrom | |
| Cassell | Goodno | Kuisle | Ozment | Stanek | Wilkin | |
| Clark, J. | Gunther | Larsen, P. | Paulsen | Stang | Wolf | |
| Daggett | Haake | Leppik | Pawlenty | Storm | Workman | |
| Davids | Haas | Lindner | Reuter | Swenson | Spk. Sviggum | |
The motion did not prevail and the amendment was not adopted.
Dawkins moved to amend S. F. No. 551, the unofficial engrossment, as follows:
Page 2, line 4, before the period, insert "which continuance shall be granted unless there are compelling reasons not to"
The motion prevailed and the amendment was adopted.
S. F. No. 551, A bill for an act relating to domestic abuse; requiring battered women programs to coordinate services with child protection agencies; authorizing service of short form notification in lieu of personal service for orders for protection; expanding the definition of first degree murder in situations involving domestic abuse; providing enhanced penalties based upon a previous conviction or adjudication for malicious punishment of a child and other laws; adding assault in the fifth degree and domestic assault to definition of "crimes of violence"; increasing the cash bail for individuals charged with malicious punishment of a child; clarifying when evidence of similar prior conduct of an accused related to domestic abuse is admissible; changing a definition in the law related to the order of disposition of issues on a court's calendar; providing criminal penalties; amending Minnesota Statutes 1998, sections 260.133, subdivisions 1 and 2; 260.191, subdivision 1b; 518B.01, subdivisions 5, 8, and by adding subdivisions; 609.185; 609.224, subdivisions 2 and 4; 609.2242, subdivisions 2 and 4; 609.342, subdivision 3; 609.343, subdivision 3; 609.344, subdivision 3; 609.345, subdivision 3; 609.377; 609.749, subdivisions 3 and 4; 611A.32, subdivision 2; 611A.34, subdivision 3; 624.712, subdivision 5; 626.556, subdivision 2; 626.558, subdivision 1; 629.471, subdivision 3; 630.36; and 634.20.
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 131 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| CassellRostberg | ||
The bill was passed, as amended, and its title agreed to.
S. F. No. 3478, A bill for an act relating to the city of Rochester; modifying probationary period rules for city of Rochester firefighters.
The bill was read for the 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 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
S. F. No. 3566 was reported to the House.
Entenza moved to amend S. F. No. 3566 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 3303, the first engrossment:
"Section 1. Minnesota Statutes 1998, section 297B.10, is amended to read:
297B.10 [PENALTIES.]
(1) Any person, including persons other than the purchaser, who prepares, completes, or submits a false or fraudulent motor vehicle purchaser's certificate with intent to defeat or evade the tax imposed under this chapter or any purchaser who fails to complete or submit a motor vehicle purchaser's certificate with intent to defeat or evade the tax or who attempts to defeat or evade the tax in any manner, is guilty of a gross misdemeanor unless the tax involved exceeds $300, in which event the person is guilty of a felony. The term "person" as used in this section includes any officer or employee of a corporation or a member or employee of a partnership who as an officer, member, or employee is under a duty to perform the act with respect to which the violation occurs. Notwithstanding the provisions of section 628.26 or any other provision of the criminal laws of this state, an indictment may be found and filed, or a complaint filed, upon any criminal offense specified in this section, in the proper court within six years after the commission of the offense.
(2) Any person who collects the tax imposed under this chapter from a purchaser and willfully fails to remit the tax is guilty of a felony.
(3) Any person who violates any of the provisions of this chapter, unless the violation be of the type referred to in clause (1) or (2), is guilty of a misdemeanor.
(3) (4) When two or more offenses in clause (1) or (2) are committed by the same person
within six months, the offenses may be aggregated; further, if the offenses are committed in more than one county,
the accused may be prosecuted for all the offenses aggregated under this clause in any county in which one of the
offenses was committed.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment and applies to crimes committed on or after that date."
The motion prevailed and the amendment was adopted.
S. F. No. 3566, A bill for an act relating to crime prevention; creating a new criminal penalty for failure to pay over sales tax on motor vehicles collected from a purchaser; amending Minnesota Statutes 1998, section 297B.10.
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 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Howes | Mahoney | Paymar | Sykora | |
| Abrams | Entenza | Huntley | Mares | Pelowski | Tingelstad | |
| Anderson, B. | Erhardt | Jaros | Mariani | Peterson | Tomassoni | |
| Anderson, I. | Erickson | Jennings | Marko | Pugh | Trimble | |
| Bakk | Finseth | Johnson | McCollum | Rest | Tuma | |
| Biernat | Folliard | Juhnke | McElroy | Reuter | Tunheim | |
| Bishop | Fuller | Kahn | McGuire | Rhodes | Van Dellen | |
| Boudreau | Gerlach | Kalis | Milbert | Rifenberg | Vandeveer | |
| Bradley | Gleason | Kelliher | Molnau | Rostberg | Wagenius | |
| Broecker | Goodno | Kielkucki | Mulder | Rukavina | Wejcman | |
| Buesgens | Gray | Knoblach | Mullery | Schumacher | Wenzel | |
| Carlson | Greenfield | Koskinen | Murphy | Seagren | Westerberg | |
| Carruthers | Greiling | Krinkie | Ness | Seifert, J. | Westfall | |
| Cassell | Gunther | Kubly | Nornes | Seifert, M. | Westrom | |
| Chaudhary | Haake | Kuisle | Olson | Skoe | Wilkin | |
| Clark, J. | Haas | Larsen, P. | Opatz | Skoglund | Winter | |
| Clark, K. | Hackbarth | Larson, D. | Orfield | Smith | Wolf | |
| Daggett | Harder | Leighton | Osskopp | Solberg | Workman | |
| Davids | Hasskamp | Lenczewski | Osthoff | Stanek | Spk. Sviggum | |
| Dawkins | Hausman | Leppik | Otremba | Stang | ||
| Dehler | Hilty | Lieder | Ozment | Storm | ||
| Dempsey | Holberg | Lindner | Paulsen | Swapinski | ||
| Dorman | Holsten | Luther | Pawlenty | Swenson | ||
The bill was passed, as amended, and its title agreed to.
S. F. No. 1126 was reported to the House.
Pawlenty moved that S. F. No. 1126 be temporarily laid over on the Calendar for the Day. The motion prevailed.
McCollum was excused between the hours of 1:05 p.m. and 1:25 p.m.
S. F. No. 3234 was reported to the House.
Greiling moved to amend S. F. No. 3234, the unofficial engrossment, as follows:
Page 5, line 32, after "budget" insert "and any loss of benefits to citizens of the state resulting from such a repeal"
The motion prevailed and the amendment was adopted.
Greiling moved to amend S. F. No. 3234, the unofficial engrossment, as amended, as follows:
Page 6, delete lines 5 to 36
Page 7, delete lines 1 to 4
Page 7, line 18, after "[SCHEDULE.]" insert "(a) Rules of the administration department, agriculture department, children, families, and learning department, commerce department, and corrections department will be reviewed in 2002.
(b) Rules of the accountancy board, administrative hearings office, animal health board, architecture, engineering, land surveying, landscape architecture, geoscience, and interior design board, and arts board will be reviewed in 2003."
Page 7, line 18, delete "(a)" and insert "(c)"
Page 7, line 23, delete "(b)" and insert "(d)"
Page 7, line 27, delete "(c)" and insert "(e)"
Page 7, line 31, delete "(d)" and insert "(f)"
Page 8, line 3, delete "(e)" and insert "(g)"
Page 8, line 13, delete "(f)" and insert "(h)"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Greiling amendment and the roll was called. There were 56 yeas and 77 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Folliard | Jennings | Lieder | Osthoff | Swapinski | |
| Bakk | Gleason | Johnson | Luther | Otremba | Tomassoni | |
| Biernat | Gray | Juhnke | Mahoney | Paymar | Trimble | |
| Carlson | Greenfield | Kahn | Marko | Peterson | Tunheim | |
| Carruthers | Greiling | Kelliher | McGuire | Pugh | Wagenius | |
| Chaudhary | Hasskamp | Koskinen | Milbert | Rest | Winter | |
| Clark, K. | Hausman | Kubly | Mullery | Rukavina | ||
| Dawkins | Hilty | Larson, D. | Murphy | Schumacher | ||
| Dorn | Huntley | Leighton | Opatz | Skoglund | ||
| Entenza | Jaros | Lenczewski | Orfield | Solberg | ||
Those who voted in the negative were:
The motion did not prevail and the amendment was not adopted.
The Speaker called Leppik to the Chair.
S. F. No. 3234, A bill for an act relating to state government; authorizing legislative governmental operations committees to formally object to administrative rules; modifying the review of proposed rules; creating a rules task force; providing appointments; amending Minnesota Statutes 1998, sections 3.842, subdivision 4a; and 14.15, subdivision 4; Minnesota Statutes 1999 Supplement, section 14.26, subdivision 3.
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 97 yeas and 36 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Juhnke | Mulder | Rukavina | Tunheim | |
| Abrams | Dorn | Kalis | Ness | Schumacher | Van Dellen | |
| Anderson, B. | Erhardt | Kielkucki | Nornes | Seagren | Vandeveer | |
| Anderson, I. | Erickson | Knoblach | Olson | Seifert, J. | Wenzel | |
| Bakk | Finseth | Krinkie | Opatz | Seifert, M. | Westerberg | |
| Bishop | Fuller | Kubly | Osskopp | Skoe | Westfall | |
| Boudreau | Gerlach | Kuisle | Otremba | Smith | Westrom | |
| Bradley | Goodno | Larsen, P. | Ozment | Solberg | Wilkin | |
| Broecker | Gunther | Larson, D. | Paulsen | Stanek | Winter | |
| Buesgens | Haake | Lenczewski | Pawlenty | Stang | Wolf | |
| Carlson | Haas | Leppik | Pelowski | Storm | Workman | |
| Cassell | Hackbarth | Lindner | Peterson | Swenson | Spk. Sviggum | |
| Clark, J. | Harder | Mares | Rest | Sykora | ||
| Daggett | Hasskamp | Marko | Reuter | Tingelstad | ||
| Davids | Holberg | McElroy | Rhodes | Tomassoni | ||
| Dehler | Holsten | Milbert | Rifenberg | Trimble | ||
| Dempsey | Howes | Molnau | Rostberg | Tuma | ||
Those who voted in the negative were:
The bill was passed, as amended, and its title agreed to.
S. F. No. 2725, A bill for an act relating to public defense; limiting representation by public defenders and court-appointed counsel to minors who are ten years of age or older; amending Minnesota Statutes 1998, section 611.26, subdivision 6; Minnesota Statutes 1999 Supplement, sections 260C.163, subdivision 3; and 611.14.
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 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Howes | Mahoney | Paymar | Sykora | |
| Abrams | Entenza | Huntley | Mares | Pelowski | Tingelstad | |
| Anderson, B. | Erhardt | Jaros | Mariani | Peterson | Tomassoni | |
| Anderson, I. | Erickson | Jennings | Marko | Pugh | Trimble | |
| Bakk | Finseth | Johnson | McCollum | Rest | Tuma | |
| Biernat | Folliard | Juhnke | McElroy | Reuter | Tunheim | |
| Bishop | Fuller | Kahn | McGuire | Rhodes | Van Dellen | |
| Boudreau | Gerlach | Kalis | Milbert | Rifenberg | Vandeveer | |
| Bradley | Gleason | Kelliher | Molnau | Rostberg | Wagenius | |
| Broecker | Goodno | Kielkucki | Mulder | Rukavina | Wejcman | |
| Buesgens | Gray | Knoblach | Mullery | Schumacher | Wenzel | |
| Carlson | Greenfield | Koskinen | Murphy | Seagren | Westerberg | |
| Carruthers | Greiling | Krinkie | Ness | Seifert, J. | Westfall | |
| Cassell | Gunther | Kubly | Nornes | Seifert, M. | Westrom | |
| Chaudhary | Haake | Kuisle | Olson | Skoe | Wilkin | |
| Clark, J. | Haas | Larsen, P. | Opatz | Skoglund | Winter | |
| Clark, K. | Hackbarth | Larson, D. | Orfield | Smith | Wolf | |
| Daggett | Harder | Leighton | Osskopp | Solberg | Workman | |
| Davids | Hasskamp | Lenczewski | Osthoff | Stanek | Spk. Sviggum | |
| Dawkins | Hausman | Leppik | Otremba | Stang | ||
| Dehler | Hilty | Lieder | Ozment | Storm | ||
| Dempsey | Holberg | Lindner | Paulsen | Swapinski | ||
| Dorman | Holsten | Luther | Pawlenty | Swenson | ||
The bill was passed and its title agreed to.
H. F. No. 3901, A bill for an act relating to housing; housing finance agency; authorizing agency to enter into interest rate exchange agreements; authorizing agency to make grants or loans under the community rehabilitation fund account to for-profit organizations; amending Minnesota Statutes 1998, section 462A.206, subdivision 4; Minnesota Statutes 1999 Supplement, section 462A.206, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 462A.
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 1 nay as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holberg | Lieder | Otremba | Stanek | |
| Abrams | Dorn | Holsten | Lindner | Ozment | Stang | |
| Anderson, B. | Entenza | Howes | Luther | Paulsen | Storm | |
| Anderson, I. | Erhardt | Huntley | Mahoney | Pawlenty | Swapinski | |
| Bakk | Erickson | Jaros | Mares | Paymar | Swenson | |
| Biernat | Finseth | Jennings | Mariani | Pelowski | Sykora | |
| Bishop | Folliard | Johnson | Marko | Peterson | Tingelstad | |
| Boudreau | Fuller | Juhnke | McCollum | Pugh | Tomassoni | |
| Bradley | Gerlach | Kahn | McElroy | Rest | Tuma | |
| Broecker | Gleason | Kalis | McGuire | Reuter | Tunheim | |
| Buesgens | Goodno | Kelliher | Milbert | Rhodes | Vandeveer | |
| Carlson | Gray | Kielkucki | Molnau | Rifenberg | Wagenius | |
| Carruthers | Greenfield | Knoblach | Mulder | Rostberg | Wejcman | |
| Cassell | Greiling | Koskinen | Mullery | Rukavina | Wenzel | |
| Chaudhary | Gunther | Krinkie | Murphy | Schumacher | Westerberg | |
| Clark, J. | Haake | Kubly | Ness | Seagren | Westfall | |
| Clark, K. | Haas | Kuisle | Nornes | Seifert, J. | Westrom | |
| Daggett | Hackbarth | Larsen, P. | Olson | Seifert, M. | Wilkin | |
| Davids | Harder | Larson, D. | Opatz | Skoe | Winter | |
| Dawkins | Hasskamp | Leighton | Orfield | Skoglund | Wolf | |
| Dehler | Hausman | Lenczewski | Osskopp | Smith | Workman | |
| Dempsey | Hilty | Leppik | Osthoff | Solberg | Spk. Sviggum | |
Those who voted in the negative were:
Trimble
The bill was passed and its title agreed to.
Van Dellen was excused between the hours of 1:45 p.m. and 4:45 p.m.
S. F. No. 2949 was reported to the House.
Boudreau moved to amend S. F. No. 2949 as follows:
Page 4, after line 29, insert:
"Subd. 5. [HIGHWAYS.] The establishment of a heritage forest shall not, by itself, impose any additional restrictions upon the commissioner of transportation or a local road authority, to construct, improve, or maintain a highway, as defined in section 160.02, subdivision 7."
The motion prevailed and the amendment was adopted.
Olson moved to amend S. F. No. 2949, as amended, as follows:
Page 3, line 1, after "requirements" insert "and uses authorized"
The motion prevailed and the amendment was adopted.
Rukavina; Solberg; Tomassoni; Anderson, I., and Kahn moved to amend S. F. No. 2949, as amended, as follows:
Page 4, delete lines 27 to 31 and insert:
"Subd. 5. [MOTORIZED VEHICLES.] Motorized vehicles may not be operated in a heritage forest established under subdivision 1."
The motion did not prevail and the amendment was not adopted.
Olson moved to amend S. F. No. 2949, as amended, as follows:
Page 4, after line 29, insert:
"Subd. 5. [STATE REGULATION AND CONTROL.] Nothing in this chapter shall be used to authorize the acceptance of grants or agreements that would preempt state regulation and control of state lands."
The motion prevailed and the amendment was adopted.
S. F. No. 2949, A bill for an act relating to natural resources; providing for the establishment of heritage forest areas in specified counties; amending Minnesota Statutes 1998, section 84.944, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 89.
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 106 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Anderson, B. | Erickson | Krinkie | Paulsen | Solberg | Workman | |
| Anderson, I. | Gerlach | Lindner | Reuter | Tomassoni | ||
| Bakk | Holberg | Molnau | Rifenberg | Westrom | ||
| Buesgens | Kielkucki | Mulder | Rukavina | Wilkin | ||
| Dehler | Knoblach | Otremba | Seifert, M. | |||
The bill was passed, as amended, and its title agreed to.
S. F. No. 1126 which was temporarily laid over earlier today on the Calendar for the Day was again reported to the House.
Carruthers moved to amend S. F. No. 1126 as follows:
Page 2, delete lines 12 to 14
The motion did not prevail and the amendment was not adopted.
S. F. No. 1126, A bill for an act relating to civil actions; clarifying the economic loss doctrine; providing for a comprehensive statute governing economic loss; proposing coding for new law in Minnesota Statutes, chapter 604.
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 1 nay as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
Krinkie
The bill was passed and its title agreed to.
The Speaker resumed the Chair.
S. F. No. 2870 was reported to the House.
Davids moved to amend S. F. No. 2870 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 2973, the first engrossment:
"Section 1. Minnesota Statutes 1999 Supplement, section 47.52, is amended to read:
47.52 [AUTHORIZATION.]
(a) With the prior approval of the commissioner, any bank doing business in this state may establish and maintain detached facilities provided the facilities are located within: (1) the municipality in which the principal office of the applicant bank is located; or (2) 5,000 feet of its principal office measured in a straight line from the closest points of the closest structures involved; or (3) a municipality in which no bank is located at the time of application; or (4) a municipality having a population of more than 10,000; or (5) a municipality having a population of 10,000 or less, as determined by the commissioner from the latest available data from the state demographer, or for municipalities located in the seven-county metropolitan area from the metropolitan council, and all the banks having a principal office in the municipality have consented in writing to the establishment of the facility.
(b) A detached facility shall not be closer than 50 feet to a detached facility operated by any other bank and shall not be closer than 100 feet to the principal office of any other bank, the measurement to be made in the same manner as provided above. This paragraph shall not be applicable if the proximity to the facility or the bank is waived in writing by the other bank and filed with the application to establish a detached facility.
(c) A bank is allowed, in addition to other facilities, part-time deposit-taking locations at elementary and secondary schools located within the municipality in which the main banking house or a detached facility is located if they are established in connection with student education programs approved by the school administration and consistent with safe, sound banking practices.
(d) In addition to other facilities, a bank may operate part-time locations at nursing homes and senior citizen housing facilities located within the municipality in which the main banking house or a detached facility is located, or within the seven-county metropolitan area if the bank's main banking facility or a detached facility is located within the seven-county metropolitan area, if they are operated in a manner consistent with safe, sound banking practices.
Sec. 2. Minnesota Statutes 1998, section 47.59, subdivision 7, is amended to read:
Subd. 7. [ADVANCES TO PERFORM COVENANTS OF BORROWER OR PURCHASER.] (a) If the agreement
with respect to a loan or credit sale contract contains covenants by the borrower or purchaser to perform certain
duties pertaining to insuring or preserving collateral and the financial institution according to the agreement pays
for performance of the duties on behalf of the borrower or purchaser, the financial institution may add to the debt
or contract balance the amounts so advanced. Before or within a reasonable time not less more than
30 days after advancing any sums, the financial institution shall state to the borrower or purchaser in writing the
amount of sums advanced or to be advanced, any charges with respect to this amount, and any revised payment
schedule and, if the duties of the borrower or purchaser performed by the financial institution pertain to insurance,
a brief description of the insurance paid for or to be paid for by the financial institution including the type and
amount of coverages. Additional information need not be given. The actions of the financial institution pursuant
to this subdivision shall not be deemed to cure the borrower's failure to perform covenants in the loan or credit sale
contract, unless the loan or credit sale contract expressly provides otherwise.
(b) A finance charge equal to that specified in the loan agreement or credit sale contract may be made for sums advanced under paragraph (a).
Sec. 3. Minnesota Statutes 1998, section 47.59, is amended by adding a subdivision to read:
Subd. 9a. [PROMPT CREDITING OF PAYMENTS.] (a) A financial institution shall credit a payment to the consumer's account as of the date of receipt except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph (b).
(b) If a financial institution, in the loan agreement or, in the case of open-end credit, on or with a periodic statement or similar document, specifies requirements for the consumer to follow in making payments, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within five days of receipt.
(c) If a financial institution fails to credit a payment, as required by paragraph (a) or (b) in time to avoid the imposition of finance or other charges, the financial institution shall adjust the consumer's account so that the charges imposed are credited to the consumer's account promptly or, in the case of open-end credit, no later than during the next billing cycle.
Sec. 4. Minnesota Statutes 1998, section 47.59, subdivision 10, is amended to read:
Subd. 10. [CREDIT INSURANCE.] (a) The sale of credit insurance or mortgage insurance is subject to
chapters 61A, 62A, and 62B, as applicable, and the rules adopted under those chapters, if any. In case there are
multiple consumers obligated under a transaction subject to this chapter, no policy or certificate of insurance
providing credit life insurance may be procured by or through a financial institution or person described in
subdivision 2 upon more than two of the consumers, in which case they may be insured jointly.
(b) A financial institution that provides credit insurance in relation to open-end credit may calculate the charge to the borrower in each billing cycle by applying the current premium rate to the balance in the manner permitted with respect to finance charges by the provisions on finance charge in this section.
(c) Upon prepayment in full of a consumer loan or credit sale contract by the proceeds of credit insurance or mortgage insurance, the consumer or the consumer's estate is entitled to a refund of any portion of a separate charge for insurance that by reason of prepayment is retained by the financial institution or returned to it by the insurer, unless the charge was computed from time to time on the basis of the balances of the consumer's loan or credit sale contract.
(d) This section does not require a financial institution to grant a refund to the consumer if all refunds due to the consumer under paragraph (c) amount to less than $5 and, except as provided in paragraph (c), does not require the financial institution to account to the consumer for any portion of a separate charge for insurance because:
(1) the insurance is terminated by performance of the insurer's obligation;
(2) the financial institution pays or accounts for premiums to the insurer in amounts and at times determined by the agreement between them; or
(3) the financial institution receives directly or indirectly under a policy of insurance a gain or advantage not prohibited by law.
(e) Except as provided in paragraph (d), the financial institution shall promptly make or cause to be made an appropriate refund to the consumer with respect to a separate charge made to the consumer for insurance if:
(1) the insurance is not provided or is provided for a shorter term than for which the charge to the borrower for insurance was computed; or
(2) the insurance terminates before the end of the term for which it was written because of prepayment in full or otherwise.
(f) If a financial institution requires insurance, upon notice to the borrower, the borrower has the option of providing the required insurance through an existing policy of insurance owned or controlled by the borrower, or through a policy to be obtained and paid for by the borrower, but the financial institution for reasonable cause may decline the insurance provided by the borrower.
Sec. 5. Minnesota Statutes 1998, section 47.60, subdivision 2, is amended to read:
Subd. 2. [AUTHORIZATION, TERMS, CONDITIONS, AND PROHIBITIONS.] (a) In lieu of the interest, finance charges, or fees in any other law, a consumer small loan lender may charge the following:
(1) on any amount up to and including $50, a charge of $5.50 may be added;
(2) on amounts in excess of $50, but not more than $100, a charge may be added equal to ten percent of the loan proceeds plus a $5 administrative fee;
(3) on amounts in excess of $100, but not more than $250, a charge may be added equal to seven percent of the loan proceeds with a minimum of $10 plus a $5 administrative fee;
(4) for amounts in excess of $250 and not greater than the maximum in subdivision 1, paragraph (a), a charge may be added equal to six percent of the loan proceeds with a minimum of $17.50 plus a $5 administrative fee.
(b) The term of a loan made under this section shall be for no more than 30 calendar days.
(c) After maturity, the contract rate must not exceed 2.75 percent per month of the remaining loan proceeds after the maturity date calculated at a rate of 1/30 of the monthly rate in the contract for each calendar day the balance is outstanding.
(d) No insurance charges or other charges must be permitted to be charged, collected, or imposed on a consumer small loan except as authorized in this section.
(e) On a loan transaction in which cash is advanced in exchange for a personal check, a return check charge may
be charged as authorized by section 332.50, subdivision 2, paragraph (d) (a).
(f) A loan made under this section must not be repaid by the proceeds of another loan made under this section by the same lender or related interest. The proceeds from a loan made under this section must not be applied to another loan from the same lender or related interest. No loan to a single borrower made pursuant to this section shall be split or divided and no single borrower shall have outstanding more than one loan with the result of collecting a higher charge than permitted by this section or in an aggregate amount of principal exceed at any one time the maximum of $350.
Sec. 6. Minnesota Statutes 1998, section 48.56, is amended to read:
48.56 [BANKING INSTITUTIONS MAY USE FEDERAL BANKING ACT LAWS.]
Any banking institution now or hereafter organized under the laws of this state is hereby empowered, on the
authority of its board of directors, or a majority thereof, to enter into such contracts, incur such obligations and
generally to do and perform any and all such acts and things as may be necessary or appropriate in order to take
advantage of any and all memberships, loans, subscriptions, contracts, grants, rights, or privileges which may at any
time be available or enure to banking institutions or to their depositors, creditors, stockholders, receivers, or
liquidators, by virtue of those provisions of Section 8 of the federal "Banking Acts of 1933" (Section 12B of the
Federal Reserve Act, as amended (Mason's United States Code Annotated, title 12, s 264)), which establish the
Federal Deposit Insurance Corporation and provide for the insurance of deposits, or of any other provisions of that
or of any other act or resolution of Congress to aid, regulate, or safeguard banking institutions and their depositors,
including any amendments of the same or any substitutions therefor; and to subscribe for and acquire any stock,
debentures, bonds, or other types of securities of the Federal Deposit Insurance Corporation, and to comply with the
lawful regulations and requirements from time to time issued or made by such corporation. Subdivision
1. [GENERAL POWERS.] The board of directors of a banking institution may enter into a contract, incur
an obligation, or generally do what is necessary or appropriate to make use of United States Code, Title 12,
section 1811, or any act or resolution of Congress enacted or resolved to aid, regulate, or safeguard banking
institutions and their depositors.
Subd. 2. [GENERAL RIGHTS AND PRIVILEGES.] Memberships, loans, subscriptions, contracts, grants, rights, or privileges that, under the act or resolution, are available to or enure to banking institutions, or their depositors, creditors, stockholders, receivers, or liquidators may be taken advantage of under this section.
Subd. 3. [PURCHASE OF FDIC SECURITIES.] The board may subscribe for and acquire securities of the Federal Deposit Insurance Corporation.
Subd. 4. [COMPLYING WITH FDIC REQUIREMENTS.] The board may comply with the corporation's requirements.
Sec. 7. Minnesota Statutes 1998, section 52.04, subdivision 1, is amended to read:
Subdivision 1. A credit union has the following powers:
(1) to offer its members and other credit unions various classes of shares, share certificates, deposits, or deposit certificates;
(2) to receive the savings of its members either as payment on shares or as deposits, including the right to conduct Christmas clubs, vacation clubs, and other thrift organizations within its membership. Trust funds received by a real estate broker or the broker's salespersons in trust may be deposited in a credit union;
(3) to make loans to members for provident or productive purposes as provided in section 52.16;
(4) to make loans to a cooperative society or other organization having membership in the credit union;
(5) to deposit in state and national banks and trust companies authorized to receive deposits;
(6) to invest in any investment legal for savings banks or for trust funds in the state and, notwithstanding clause (3), to invest in and make loans of unsecured days funds (federal funds or similar unsecured loans) to financial institutions insured by an agency of the federal government and a member of the Federal Reserve System or required to maintain reserves at the Federal Reserve;
(7) to borrow money as hereinafter indicated;
(8) to adopt and use a common seal and alter the same at pleasure;
(9) to make payments on shares of and deposit with any other credit union chartered by this or any other state or operating under the provisions of the Federal Credit Union Act, in amounts not exceeding in the aggregate 25 percent of its unimpaired assets. However, payments on shares of and deposit with credit unions chartered by other states are restricted to credit unions insured by the National Credit Union Administration. The restrictions imposed by this clause do not apply to share accounts and deposit accounts of the Minnesota corporate credit union in United States central credit union or to share accounts and deposit accounts of credit unions in the Minnesota corporate credit union;
(10) to contract with any licensed insurance company or society to insure the lives of members to the extent of their share accounts, in whole or in part, and to pay all or a portion of the premium therefor;
(11) to indemnify each director, officer, or committee member, or former director, officer, or committee member against all expenses, including attorney's fees but excluding amounts paid pursuant to a judgment or settlement agreement, reasonably incurred in connection with or arising out of any action, suit, or proceeding to which that person is a party by reason of being or having been a director, officer, or committee member of the credit union, except with respect to matters as to which that person is finally adjudged in the action, suit, or proceeding to be liable for negligence or misconduct in the performance of duties. The indemnification is not exclusive of any other rights to which that person may be entitled under any bylaw, agreement, vote of members, or otherwise;
(12) upon written authorization from a member, retained at the credit union, to make payments to third parties by withdrawals from the member's share or deposit accounts or through proceeds of loans made to such member, or by permitting the credit union to make those payments from the member's funds prior to deposit; to permit draft withdrawals from member accounts, but a credit union proposing to permit draft withdrawals shall notify the commissioner of commerce, in the form prescribed, of its intent not less than 90 days prior to authorizing draft withdrawals. The board of directors of a credit union may restrict one class of shares to the extent that it may not be redeemed, withdrawn, or transferred except upon termination of membership in the credit union;
(13) to inform its members as to the availability of various group purchasing plans which are related to the promotion of thrift or the borrowing of money for provident and productive purposes by means of informational materials placed in the credit union's office, through its publications, or by direct mailings to members by the credit union;
(14) to facilitate its members' voluntary purchase of types of insurance incidental to promotion of thrift or the borrowing of money for provident and productive purposes including, but not limited to the following types of group or individual insurance: Fire, theft, automobile, life and temporary disability; to be the policy holder of a group insurance plan or a subgroup under a master policy plan and to disseminate information to its members concerning the insurance provided thereunder; to remit premiums to an insurer or the holder of a master policy on behalf of a credit union member, if the credit union obtains written authorization from the member for remittance by share or deposit withdrawals or through proceeds of loans made by the members, or by permitting the credit union to make
the payments from the member's funds prior to deposit; and to accept from the insurer reimbursement for expenses incurred or in the case of credit life, accident and health, and involuntary unemployment insurance within the meaning of chapter 62B commissions for the handling of the insurance. The amount reimbursed or the commissions received may constitute the general income of the credit union. The directors, officers, committee members and employees of a credit union shall not profit on any insurance sale facilitated through the credit unions;
(15) to contract with another credit union to furnish services which either could otherwise perform. Contracted services under this clause are subject to regulation and examination by the commissioner of commerce like other services;
(16) in furtherance of the twofold purpose of promoting thrift among its members and creating a source of credit for them at legitimate rates of interest for provident purposes, and not in limitation of the specific powers hereinbefore conferred, to have all the powers enumerated, authorized, and permitted by this chapter, and such other rights, privileges and powers incidental to, or necessary for, the accomplishment of the objectives and purposes of the credit union;
(17) to rent safe deposit boxes to its members if the credit union obtains adequate insurance or bonding coverage for losses which might result from the rental of safe deposit boxes;
(18) notwithstanding the provisions of section 52.05, to accept deposits of public funds in an amount secured by insurance or other means pursuant to chapter 118 or section 9.031 or other applicable law and to receive deposits of trust funds provided that either the provider or the beneficial owner of the funds is a member of the credit union accepting the deposit;
(19) to accept and maintain treasury tax and loan accounts of the United States and to pledge collateral to secure the treasury tax or loan accounts, in accordance with the regulations of the Department of Treasury of the United States;
(20) to accept deposits pursuant to section 149A.97, subdivision 5, notwithstanding the provisions of section 52.05, if the deposits represent funding of prepaid funeral plans of members;
(21) to sell, in whole or in part, real estate secured loans provided that:
(a) the loan is secured by a first lien;
(b) the board of directors approves the sale;
(c) if the sale is partial, the agreement to sell a partial interest shall, at a minimum:
(i) identify the loan or loans covered by the agreement;
(ii) provide for the collection, processing, remittance of payments of principal and interest, taxes and insurance premiums and other charges or escrows, if any;
(iii) define the responsibilities of each party in the event the loan becomes subject to collection, loss or foreclosure;
(iv) provide that in the event of loss, each owner shall share in the loss in proportion to its interest in the loan or loans;
(v) provide for the distribution of payments of principal to each owner proportionate to its interest in the loan or loans;
(vi) provide for loan status reports;
(vii) state the terms and conditions under which the agreement may be terminated or modified; and
(d) the sale is without recourse or repurchase unless the agreement:
(i) requires repurchase of a loan because of any breach of warranty or misrepresentation;
(ii) allows the seller to repurchase at its discretion; or
(iii) allows substitution of one loan for another;
(22) in addition to the sale of loans secured by a first lien on real estate, to sell, pledge, discount, or otherwise dispose of, in whole or in part, to any source, a loan or group of loans, other than a self-replenishing line of credit; provided, that within a calendar year beginning January 1 the total dollar value of loans sold, other than loans secured by real estate or insured by a state or federal agency, shall not exceed 25 percent of the dollar amount of all loans and participating interests in loans held by the credit union at the beginning of the calendar year, unless otherwise authorized in writing by the commissioner;
(23) to designate the par value of the shares of the credit union by board resolution;
(24) to exercise by resolution the powers set forth in United States Code, title 12, section 1757, as amended
through December 31, 1992. Before exercising each power, the board must submit a plan to the commissioner
of commerce detailing implementation of the power to be used;
(25) to offer self-directed individual retirement accounts and Keogh accounts and act as custodian and trustee of these accounts if:
(1) all contributions of funds are initially made to a deposit, share or share certificate account in the credit union;
(2) any subsequent transfer of funds to other assets is solely at the direction of the member and the credit union exercises no investment discretion and provides no investment advice with respect to plan assets; and
(3) the member is clearly notified of the fact that National Credit Union Share Insurance Fund coverage is limited to funds held in deposit, share or share certificate accounts of National Credit Union Share Insurance Fund-insured credit unions.
Sec. 8. Minnesota Statutes 1998, section 56.131, subdivision 4, is amended to read:
Subd. 4. [ADJUSTMENT OF DOLLAR AMOUNTS.] The dollar amounts in subdivisions 2 and 6,
sections 53.04, subdivision 3a, paragraph (c), 56.01, 56.12, and 56.125 shall change periodically,
as provided in section 47.59, subdivision 3.
Sec. 9. Minnesota Statutes 1998, section 58.02, subdivision 10, is amended to read:
Subd. 10. [FINANCIAL INSTITUTION.] "Financial institution" means a bank, bank and trust, trust company
with banking powers, savings bank, savings association, or credit union, organized under the laws of this state,
any other state, or the United States; a Minnesota host state branch of an out-of-state state-chartered bank
as provided for in section 49.411; an industrial loan and thrift under chapter 53; or a regulated lender under
chapter 56. The term "financial institution" also includes a subsidiary or operating subsidiary of a financial
institution or of a bank holding company as defined in the federal Bank Holding Company Act, United States Code,
title 12, section 1841 et seq., if the subsidiary or operating subsidiary can demonstrate to the satisfaction of the
commissioner that it is regulated and subject to active and ongoing oversight and supervision by a federal banking
agency, as defined in the Federal Deposit Insurance Act, United States Code, title 12, section 1811 et seq., or the
commissioner.
Sec. 10. Minnesota Statutes 1999 Supplement, section 58.04, subdivision 1, is amended to read:
Subdivision 1. [RESIDENTIAL MORTGAGE ORIGINATOR LICENSING REQUIREMENTS.] (a) Beginning August 1, 1999, no person shall act as a residential mortgage originator, or make residential mortgage loans without first obtaining a license from the commissioner according to the licensing procedures provided in this chapter.
(b) The following persons are exempt from the residential mortgage originator licensing requirements:
(1) an employee of one mortgage originator licensee or one person holding a certificate of exemption;
(2) a person engaged solely in commercial mortgage activities;
(3) a person licensed as a real estate broker under chapter 82, and who is not licensed to
another real estate broker;
(3) an individual real estate licensee who is licensed to the a real estate broker
as described in clause (2) if:
(i) the individual licensee acts only under the name, authority, and supervision of the broker to whom the licensee is licensed;
(ii) the broker to whom the licensee is licensed obtains a certificate of exemption according to section 58.05, subdivision 2;
(iii) the broker does not collect an advance fee for its residential mortgage-related activities; and
(iv) the residential mortgage origination activities are incidental to the real estate licensee's primary activities as a real estate broker or salesperson;
(4) an individual licensed as a property/casualty or life/health insurance agent under chapter 60K if:
(i) the insurance agent acts on behalf of only one residential mortgage originator, which is in compliance with chapter 58;
(ii) the insurance agent has entered into a written contract with the mortgage originator under the terms of which the mortgage originator agrees to accept responsibility for the insurance agent's residential mortgage-related activities;
(iii) the insurance agent obtains a certificate of exemption under section 58.05, subdivision 2; and
(iv) the insurance agent does not collect an advance fee for the insurance agent's residential mortgage-related activities;
(5) a person making who is not in the business of making residential mortgage loans and who
makes no more than five residential mortgage three such loans, with its own funds,
during any 12-month period;
(6) a financial institution as defined in section 58.02, subdivision 10;
(7) an agency of the federal government, or of a state or municipal government;
(8) an employee or employer pension plan making loans only to its participants;
(9) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result of a specific order issued by a court of competent jurisdiction; or
(10) a person exempted by order of the commissioner.
Sec. 11. Minnesota Statutes 1998, section 58.04, subdivision 2, is amended to read:
Subd. 2. [RESIDENTIAL MORTGAGE SERVICER LICENSING REQUIREMENTS.] (a) Beginning August 1, 1999, no person shall engage in activities or practices that fall within the definition of "servicing a residential mortgage loan" under section 58.02, subdivision 22, without first obtaining a license from the commissioner according to the licensing procedures provided in this chapter.
(b) The following persons are exempt from the residential mortgage servicer licensing requirements:
(1) a person licensed as a residential mortgage originator;
(2) an employee of one licensee or one person holding a certificate of exemption based on an exemption under this subdivision;
(3) a person engaged solely in commercial mortgage activities;
(4) a person servicing loans made with its own funds, if no more than five three such
loans are made in any 12-month period;
(5) (4) a financial institution as defined in section 58.02, subdivision 10;
(6) (5) an agency of the federal government, or of a state or municipal government;
(7) (6) an employee or employer pension plan making loans only to its participants;
(8) (7) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result of a
specific order issued by a court of competent jurisdiction; or
(9) (8) a person exempted by order of the commissioner.
Sec. 12. Minnesota Statutes 1998, section 58.04, subdivision 3, is amended to read:
Subd. 3. [CONDUCTING BUSINESS UNDER LICENSE.] No person required to be licensed under this chapter may, without a license, do business under a name or title or circulate or use advertising or make representations or give information to a person, that indicates or reasonably implies activity within the scope of this chapter.
No person licensed under this chapter may do business under more than one name or title.
Sec. 13. Minnesota Statutes 1998, section 58.05, is amended by adding a subdivision to read:
Subd. 3. [CERTIFICATE OF EXEMPTION.] A person must obtain a certificate of exemption from the commissioner to qualify as an exempt person under section 58.04, subdivision 1, paragraph (b), as a real estate broker under clause (2), an insurance agent under clause (4), a financial institution under clause (6), or by order of the commissioner under clause (10); or under section 58.04, subdivision 2, paragraph (b), as a financial institution under clause (4), or by order of the commissioner under clause (8).
Sec. 14. Minnesota Statutes 1998, section 58.08, as amended by Laws 1999, chapter 151, section 36, is amended to read:
58.08 [BONDS; LETTERS OF CREDIT.]
Subdivision 1. [REQUIREMENT OF RESIDENTIAL MORTGAGE ORIGINATORS.] A residential mortgage originator licensee engaging in servicing a residential mortgage loan shall continuously maintain a surety bond or irrevocable letter of credit in an amount not less than $50,000 in a form approved by the commissioner, issued by
an insurance company or bank authorized to do so in this state. The bond or irrevocable letter of credit must be available for the recovery of expenses, fines, and fees levied by the commissioner under this chapter relating to servicing, and for losses or damages incurred by borrowers as the result of a licensee's servicing-related noncompliance with the requirements of this chapter, sections 325D.43 to 325D.48, and 325F.67 to 325F.69, or breach of contract.
The bond or irrevocable letter of credit must be submitted with the originator's license application, and evidence of continued coverage must be submitted with each renewal. Any change in the bond or letter of credit must be submitted for approval by the commissioner, within ten days of its execution.
Subd. 2. [REQUIREMENT OF RESIDENTIAL MORTGAGE SERVICERS.] A residential mortgage servicer licensee shall continuously maintain a surety bond or irrevocable letter of credit in an amount not less than $100,000 in a form approved by the commissioner, issued by an insurance company or bank authorized to do so in this state. The bond or irrevocable letter of credit must be available for the recovery of expenses, fines, and fees levied by the commissioner under this chapter, and for losses or damages incurred by borrowers or other aggrieved parties as the result of a licensee's noncompliance with the requirements of this chapter, sections 325D.43 to 325D.48, and 325F.67 to 325F.69, or breach of contract relating to activities regulated by this chapter.
The bond or irrevocable letter of credit must be submitted with the servicer's license application and evidence of continued coverage must be submitted with each renewal. Any change in the bond or letter of credit must be submitted for approval by the commissioner, within ten days of its execution.
Subd. 3. [EXEMPTION.] Subdivisions 1 and 2 do not apply to mortgage originators or mortgage servicers who are approved as seller/servicers by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation.
Subd. 4. [IRREVOCABLE LETTER OF CREDIT.] As used in this chapter, an irrevocable letter of credit must be accepted only if it is clean, irrevocable, and contains an evergreen clause.
(a) "Clean" means a letter of credit that is not conditioned on the delivery of any other documents or materials.
(b) "Irrevocable" means a letter of credit that cannot be modified or revoked without the consent of the beneficiary once the beneficiary is established.
(c) "Evergreen clause" means one that specifically states the expiration of a letter of credit will not take place without a 60-day notice by the issuer and one that allows the issuer to conduct an annual review of the account party's financial condition. If prior notice of expiration is not given by the issuer, the letter of credit is automatically extended for one year.
A clean irrevocable letter of credit must be accepted only if it is issued by a financial institution that is authorized to engage in banking in any of the 50 states or under the laws of the United States, and whose business is substantially confined to banking and supervised by the state commissioner of commerce or similar official, and that has a long-term debt rating by a recognized national rating agency of investment grade or better. If no long-term debt rating is available, the financial institution must have the equivalent investment grade financial characteristics.
Sec. 15. Minnesota Statutes 1998, section 58.10, subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] The following fees must be paid to the commissioner:
(1) for an initial residential mortgage originator license, $800;
(2) for a renewal license, $400;
(3) for an initial residential mortgage servicer's license, $1,000;
(4) for a renewal license, $500; and
(5) license service fees as set forth in chapter 45; and
(6) for a certificate of exemption, $100.
Sec. 16. [58.135] [RATES AND CHARGES.]
Subdivision 1. [FIRST LIEN MORTGAGES.] A residential mortgage originator making first lien residential mortgage loans must comply with the applicable limits on residential mortgage loan rates, fees, and charges as found in sections 47.20 and 47.204.
Nothing in this subdivision prevents a financial institution under section 47.59, subdivision 1, paragraph (k), from making first lien residential mortgage loans under section 47.59 or other provisions of law available to financial institutions under that section.
Subd. 2. [JUNIOR LIEN MORTGAGES.] (a) A residential mortgage originator that is a bank, bank and trust, trust company with banking powers, savings bank, savings association, or credit union organized under the laws of this or any other state or the United States, or an industrial loan and thrift company under chapter 53 or a regulated lender under chapter 56 or an entity in another state subject to regulation substantially similar to chapter 53 or 56, making junior lien residential loans, must comply with the limits on residential mortgage loan rates, fees, and charges as found in section 47.59.
Nothing in this subdivision authorizes a mortgage originator to make loans on terms and conditions that would not be available to it in the absence of this section.
(b) A residential mortgage originator other than an entity designated in paragraph (a) making junior lien residential loans, must comply with the limits on residential mortgage loan rates, fees, and charges as found in section 47.20.
Sec. 17. Minnesota Statutes 1998, section 168.72, is amended by adding a subdivision to read:
Subd. 1a. [PROMPT CREDITING OF PAYMENTS.] (a) A contract holder shall credit a payment to the customer's account as of the date of receipt except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph (b).
(b) If a retail installment contract or other instructions specify requirements for the consumer to follow in making payments, but the contract holder accepts a payment that does not conform to the requirements, the contract holder shall credit the payment within five days of receipt.
(c) If a contract holder fails to credit a payment, as required by paragraphs (a) and (b), in time to avoid the imposition of finance or other charges, the contract holder shall adjust the consumer's account so that the charges imposed are credited to the consumer's account promptly.
Sec. 18. [COMMERCE DEPARTMENT EXAMINATION; FOUNDATION LOAN PORTFOLIO PILOT PROJECT.]
(a) Any nonprofit charitable organization recognized as exempt from federal income taxation under section 501(c) (3) of the federal Internal Revenue Code of 1986, as amended, participating as a regional organization under the challenge grant program established under Minnesota Statutes, section 116J.415, and serving the counties of Aitkin, Cook, Lake, St. Louis, Carlton, Itasca, and Koochiching as of the effective date of this section, may enter into an agreement with the commissioner of commerce to facilitate the charitable organization's participation in the United States Small Business Administration guaranteed lender program.
(b) The agreement referred to in paragraph (a) shall provide for a level of examination and supervision by the department of commerce necessary for the charitable organization to meet United States Small Business Administration requirements for guaranteed lender status, including an annual examination of the books, accounts, records, and files related to the charitable organization's portfolio of guaranteed loans. Reports of the commissioner's annual examination shall be made available to the United States Small Business Administration upon request.
(c) The charitable organization shall pay the department's cost, as determined by the commissioner of commerce, of the supervision and examination required under an agreement entered into pursuant to this section. The charitable organization shall also pay the department's cost, as determined by the commissioner, of negotiating the agreement. Money received by the department under this subdivision must be deposited in the state treasury and credited to an account in the special revenue fund. Money in this account is annually appropriated to the commissioner for purposes of administering this section.
(d) This section expires December 31, 2003.
Sec. 19. [VASA TOWNSHIP; DETACHED BANKING FACILITY.]
With the prior approval of the commissioner of commerce, a bank operating its principal office in Cannon Falls may establish and maintain not more than one detached facility in Vasa township. A bank desiring to establish such a detached facility must follow the approval procedure prescribed in Minnesota Statutes, section 47.54. The establishment of a detached facility under this section is subject to Minnesota Statutes, sections 47.51 to 47.57, except to the extent those sections are inconsistent with this section.
Sec. 20. [REPEALER.]
(a) Minnesota Statutes 1998, sections 58.02, subdivision 15; and 58.05, subdivision 2, are repealed.
(b) Minnesota Rules, part 2675.4180, is repealed.
(c) Minnesota Rules, part 2675.6141, subpart 1, is repealed effective the day following final enactment.
Sec. 21. [EFFECTIVE DATES.]
Sections 1, 2, 4 to 15, 18, and 20 are effective the day after final enactment. Sections 3 and 17 are effective July 1, 2000. Section 19 is effective the day after compliance by the governing body of Vasa township with Minnesota Statutes, section 645.021, subdivision 3."
Delete the title and insert:
"A bill for an act relating to financial institutions; regulating certain loan charges and payments; establishing a foundation loan portfolio pilot project; making various technical changes; appropriating money; amending Minnesota Statutes 1998, sections 47.59, subdivisions 7, 10, and by adding a subdivision; 47.60, subdivision 2; 48.56; 52.04, subdivision 1; 56.131, subdivision 4; 58.02, subdivision 10; 58.04, subdivisions 2 and 3; 58.05, by adding a subdivision; 58.08, as amended; 58.10, subdivision 1; and 168.72, by adding a subdivision; Minnesota Statutes 1999 Supplement, sections 47.52; and 58.04, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 58; repealing Minnesota Statutes 1998, sections 58.02, subdivision 15; and 58.05, subdivision 2; Minnesota Rules, parts 2675.4180; and 2675.6141, subpart 1."
The motion prevailed and the amendment was adopted.
Davids moved to amend S. F. No. 2870, as amended, as follows:
Page 2, after line 28, insert:
"Sec. 2. Minnesota Statutes 1998, section 47.59, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section, the following definitions shall apply.
(a) "Actuarial method" has the meaning given the term in the Code of Federal Regulations, title 12, part 226, and appendix J thereto.
(b) "Annual percentage rate" has the meaning given the term in the Code of Federal Regulations, title 12, part 226, but using the definition of "finance charge" used in this section.
(c) "Borrower" means a debtor under a loan or a purchaser or debtor under a credit sale contract.
(d) "Business purpose" means a purpose other than a personal, family, household, or agricultural purpose.
(e) "Cardholder" means a person to whom a credit card is issued or who has agreed with the financial institution to pay obligations arising from the issuance to or use of the card by another person.
(f) "Consumer loan" means a loan made by a financial institution in which:
(1) the debtor is a person other than an organization;
(2) the debt is incurred primarily for a personal, family, or household purpose; and
(3) the debt is payable in installments or a finance charge is made.
(g) "Credit" means the right granted by a financial institution to a borrower to defer payment of a debt, to incur debt and defer its payment, or to purchase property or services and defer payment.
(h) "Credit card" means a card or device issued under an arrangement pursuant to which a financial institution gives to a cardholder the privilege of obtaining credit from the financial institution or other person in purchasing or leasing property or services, obtaining loans, or otherwise. A transaction is "pursuant to a credit card" only if credit is obtained according to the terms of the arrangement by transmitting information contained on the card or device orally, in writing, by mechanical or electronic methods, or in any other manner. A transaction is not "pursuant to a credit card" if the card or device is used solely in that transaction to:
(1) identify the cardholder or evidence the cardholder's creditworthiness and credit is not obtained according to the terms of the arrangement;
(2) obtain a guarantee of payment from the cardholder's deposit account, whether or not the payment results in a credit extension to the cardholder by the financial institution; or
(3) effect an immediate transfer of funds from the cardholder's deposit account by electronic or other means, whether or not the transfer results in a credit extension to the cardholder by the financial institution.
(i) "Credit sale contract" means a contract evidencing a credit sale. "Credit sale" means a sale of goods or services, or an interest in land, in which:
(1) credit is granted by a seller who regularly engages as a seller in credit transactions of the same kind; and
(2) the debt is payable in installments or a finance charge is made.
(j) "Finance charge" has the meaning given in the Code of Federal Regulations, title 12, part 226, except that the following will not in any event be considered a finance charge:
(1) a charge as a result of default or delinquency under subdivision 6 if made for actual unanticipated late payment, delinquency, default, or other similar occurrence, and a charge made for an extension or deferment under subdivision 5, unless the parties agree that these charges are finance charges;
(2) an additional charge under subdivision 6;
(3) a discount, if a financial institution purchases a loan at less than the face amount of the obligation or purchases or satisfies obligations of a cardholder pursuant to a credit card and the purchase or satisfaction is made at less than the face amount of the obligation;
(4) fees paid by a borrower to a broker, provided the financial institution or a person described in subdivision 4 does not require use of the broker to obtain credit; or
(5) a commission, expense reimbursement, or other sum received by a financial institution or a person described in subdivision 4 in connection with insurance described in subdivision 6.
(k) "Financial institution" means a state or federally chartered bank, a state or federally chartered bank and trust,
a trust company with banking powers, a state or federally chartered saving bank, a state or federally chartered
savings association, an industrial loan and thrift company, or a regulated lender, or an operating
subsidiary of any such institution.
(l) "Loan" means:
(1) the creation of debt by the financial institution's payment of money to the borrower or a third person for the account of the borrower;
(2) the creation of debt pursuant to a credit card in any manner, including a cash advance or the financial institution's honoring a draft or similar order for the payment of money drawn or accepted by the borrower, paying or agreeing to pay the borrower's obligation, or purchasing or otherwise acquiring the borrower's obligation from the obligee or the borrower's assignee;
(3) the creation of debt by a cash advance to a borrower pursuant to an overdraft line of credit arrangement;
(4) the creation of debt by a credit to an account with the financial institution upon which the borrower is entitled to draw immediately;
(5) the forbearance of debt arising from a loan; and
(6) the creation of debt pursuant to open-end credit.
"Loan" does not include the forbearance of debt arising from a sale or lease, a credit sale contract, or an overdraft from a person's deposit account with a financial institution which is not pursuant to a written agreement to pay overdrafts with the right to defer repayment thereof.
(m) "Official fees" means:
(1) fees and charges which actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, terminating, or satisfying a security interest or mortgage relating to a loan or credit sale, and any separate fees or charges which actually are or will be paid to public officials for recording a notice described in section 580.032, subdivision 1; and
(2) premiums payable for insurance in lieu of perfecting a security interest or mortgage otherwise required by a financial institution in connection with a loan or credit sale, if the premium does not exceed the fees and charges described in clause (1), which would otherwise be payable.
(n) "Organization" means a corporation, government, government subdivision or agency, trust, estate, partnership, joint venture, cooperative, limited liability company, limited liability partnership, or association.
(o) "Person" means a natural person or an organization.
(p) "Principal" means the total of:
(1) the amount paid to, received by, or paid or repayable for the account of, the borrower; and
(2) to the extent that payment is deferred:
(i) the amount actually paid or to be paid by the financial institution for additional charges permitted under this section; and
(ii) prepaid finance charges."
Page 21, line 33, after the period, insert "Section 2 is effective the day following final enactment."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Ness and Davids moved to amend S. F. No. 2870, as amended, as follows:
Page 1, after line 18, insert:
"Section 1. [47.22] [REQUIRED DISCLOSURE TO THIRD-PARTY DEBTORS.]
Subdivision 1. [WRITTEN DISCLOSURE REQUIRED.] A financial institution may not obtain the signature of a third party on a debt instrument relating to farm real estate, farm equipment, farm supplies, or a farm operating loan without first giving the third party a clear written disclosure of the nature and extent of the obligations that the third party would be assuming by signing the debt instrument.
Subd. 2. [REMEDY.] A financial institution or its assignee or successor may not enforce a debt instrument against a third party whose signature was obtained in violation of subdivision 1.
Subd. 3. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.
(b) "Debt instrument" means a promissory note, mortgage, security agreement, bond, or guaranty.
(c) "Farm loan" means a loan for the purpose of financing or refinancing the purchase of a farm or for farm operating expenses made to a borrower engaged in farming as defined in section 500.24, subdivision 2, or the raising of poultry, whether the borrower is a family farm, family farm corporation, authorized farm corporation, authorized livestock farm corporation, family farm partnership, or authorized farm partnership, as those terms are defined in section 500.24, subdivision 2.
(d) "Financial institution" means a bank, bank and trust, trust company with banking powers, savings bank, savings association, or credit union organized under the laws of this state or the United States; a Minnesota host state branch of an out-of-state state-chartered bank as provided for in section 49.411; an industrial loan and thrift under chapter 53; a regulated lender under chapter 56; an insurance company; the rural finance authority; a federal farm service agency; a farm implement dealer; a grain elevator; a supplier of farm-related building and other supplies; a supplier of feed, seed, or fertilizer; a mortgage banker; farm credit services; or any other entity extending credit for farm-related purposes.
(e) "Clear written disclosure of the nature and extent of the obligations" means the "notice to guarantor" required for certain loans under Federal Reserve Board Regulation AA, Code of Federal Regulations, title 12, section 227, provided in a manner that complies with that regulation. A financial institution other than a bank may replace the word "bank" in the notice with a term appropriate to that financial institution."
Page 21, line 31, after the period, insert "The third-party debtor disclosure requirement of section 1 is effective for debt instruments signed after July 30, 2000."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Clark, K.; Winter; Dorn; Marko; Solberg; Luther; Leighton; Chaudhary; Orfield; Kelliher; Mahoney; Swapinski; Mariani; Osskopp; McCollum; Tomassoni; Carlson; Dawkins; Osthoff; Murphy; Kahn; Trimble; Wenzel; Greenfield; Carruthers; Entenza; Abeler; Wagenius; Gray; Bakk; Wejcman; Greiling; Hausman; Smith; Pugh; Hilty and Jennings moved to amend S. F. No. 2870, as amended, as follows:
Page 4, after line 2, insert:
"Sec. 4. Minnesota Statutes 1998, section 47.59, is amended by adding a subdivision to read:
Subd. 9b. [ORDERLY DEBITING OF CHECKS.] Checks received during a banking day must be charged to the indicated account in sequence by check number, unless the bank has offered the customer the choice of having checks charged by that method or by another method, and the customer has affirmatively selected the other method. If a bank processes checks more than once during a banking day, the bank may comply with this requirement separately for each period for which it processes checks."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Clark, K., et al amendment and the roll was called. There were 52 yeas and 80 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Abrams | Erhardt | Huntley | McElroy | Rifenberg | Tunheim | |
| Anderson, B. | Erickson | Juhnke | Milbert | Rostberg | Vandeveer | |
| Bishop | Finseth | Kalis | Molnau | Schumacher | Wenzel | |
| Boudreau | Fuller | Kielkucki | Mulder | Seagren | Westerberg | |
| Bradley | Gerlach | Knoblach | Ness | Seifert, J. | Westfall | |
| Broecker | Goodno | Krinkie | Nornes | Seifert, M. | Westrom | |
| Buesgens | Gunther | Kubly | Olson | Skoe | Wilkin | |
| Cassell | Haake | Kuisle | Ozment | Stanek | Wolf | |
| Clark, J. | Haas | Larsen, P. | Paulsen | Stang | Workman | |
| Daggett | Hackbarth | Larson, D. | Pawlenty | Storm | Spk. Sviggum | |
| Davids | Harder | Lenczewski | Pelowski | Swenson | ||
| Dehler | Holberg | Lieder | Rest | Sykora | ||
| Dempsey | Holsten | Lindner | Reuter | Tingelstad | ||
| Dorman | Howes | Mares | Rhodes | Tuma | ||
The motion did not prevail and the amendment was not adopted.
Larson, D.; Pugh; Entenza and Koskinen offered an amendment to S. F. No. 2870, as amended.
Pawlenty raised a point of order pursuant to rule 3.21 that the Larson, D., et al amendment was not in order. The Speaker ruled the point of order well taken and the Larson, D., et al amendment out of order.
Larson, D., appealed the decision of the Speaker.
A roll call was requested and properly seconded.
Pawlenty moved to lay the Larson, D., appeal of the decision of the Speaker on the table.
A roll call was requested and properly seconded.
The question was taken on the Pawlenty motion and the roll was called. There were 69 yeas and 63 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dehler | Hackbarth | Mares | Rhodes | Tuma | |
| Abrams | Dempsey | Harder | McElroy | Rifenberg | Vandeveer | |
| Anderson, B. | Dorman | Holberg | Molnau | Rostberg | Westerberg | |
| Bishop | Erhardt | Holsten | Mulder | Seagren | Westfall | |
| Boudreau | Erickson | Howes | Ness | Seifert, J. | Westrom | |
| Bradley | Finseth | Kielkucki | Nornes | Seifert, M. | Wilkin | |
| Broecker | Fuller | Knoblach | Olson | Smith | Wolf | |
| Buesgens | Gerlach | Krinkie | Osskopp | Stang | Workman | |
| Cassell | Goodno | Kuisle | Ozment | Storm | Spk. Sviggum | |
| Clark, J. | Gunther | Larsen, P. | Paulsen | Swenson | ||
| Daggett | Haake | Leppik | Pawlenty | Sykora | ||
| Davids | Haas | Lindner | Reuter | Tingelstad | ||
Those who voted in the negative were:
| Anderson, I. | Gleason | Juhnke | Mahoney | Otremba | Swapinski | |
| Bakk | Gray | Kahn | Mariani | Paymar | Tomassoni | |
| Biernat | Greenfield | Kalis | Marko | Pelowski | Trimble | |
| Carlson | Greiling | Kelliher | McCollum | Peterson | Tunheim | |
| Carruthers | Hasskamp | Koskinen | McGuire | Pugh | Wagenius | |
| Chaudhary | Hausman | Kubly | Milbert | Rest | Wejcman | |
| Clark, K. | Hilty | Larson, D. | Mullery | Rukavina | Wenzel | |
| Dawkins | Huntley | Leighton | Murphy | Schumacher | Winter | |
| Dorn | Jaros | Lenczewski | Opatz | Skoe | ||
| Entenza | Jennings | Lieder | Orfield | Skoglund | ||
| Folliard | Johnson | Luther | Osthoff | Solberg | ||
The motion prevailed and the appeal of the decision of the Speaker was laid on the table.
S. F. No. 2870, A bill for an act relating to financial institutions; regulating certain loan charges and payments; making various technical changes; amending Minnesota Statutes 1998, sections 47.59, subdivisions 7, 10, and by adding a subdivision; 47.60, subdivision 2; 48.56; 52.04, subdivision 1; 56.131, subdivision 4; 58.02, subdivision 10; 58.04, subdivisions 2 and 3; 58.05, by adding a subdivision; 58.08, as amended; 58.10, subdivision 1; and 168.72, by adding a subdivision; Minnesota Statutes 1999 Supplement, sections 47.52; and 58.04, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 58; repealing Minnesota Statutes 1998, sections 58.02, subdivision 15; and 58.05, subdivision 2; Minnesota Rules, part 2675.4180.
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:
The bill was passed, as amended, and its title agreed to.
Bradley, Wilkin and Luther.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2683:
Hackbarth, Abeler and Bakk.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3169:
Dawkins, Bishop and Biernat.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3272:
Bradley, Juhnke and Smith.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3412:
Paulsen, Davids and Gunther.
CALENDAR FOR THE DAY, Continued
S. F. No. 2865 was reported to the House.
Tingelstad moved that S. F. No. 2865 be continued on the Calendar for the Day. The motion prevailed.
The Speaker called Dempsey to the Chair.
S. F. No. 2858, A bill for an act relating to human services and corrections; transfer to correctional facility; requiring a report; amending Minnesota Statutes 1998, section 253B.185, subdivision 2.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holberg | Lieder | Otremba | Stang | |
| Abrams | Dorn | Holsten | Lindner | Ozment | Storm | |
| Anderson, B. | Entenza | Howes | Luther | Paulsen | Swapinski | |
| Anderson, I. | Erhardt | Huntley | Mahoney | Pawlenty | Swenson | |
| Bakk | Erickson | Jaros | Mares | Paymar | Sykora | |
| Biernat | Finseth | Jennings | Mariani | Pelowski | Tingelstad | |
| Bishop | Folliard | Johnson | Marko | Peterson | Tomassoni | |
| Boudreau | Fuller | Juhnke | McCollum | Pugh | Trimble | |
| Bradley | Gerlach | Kahn | McElroy | Rest | Tuma | |
| Broecker | Gleason | Kalis | McGuire | Reuter | Tunheim | |
| Buesgens | Goodno | Kelliher | Milbert | Rhodes | Vandeveer | |
| Carlson | Gray | Kielkucki | Molnau | Rifenberg | Wagenius | |
| Carruthers | Greenfield | Knoblach | Mulder | Rostberg | Wejcman | |
| Cassell | Greiling | Koskinen | Mullery | Rukavina | Wenzel | |
| Chaudhary | Gunther | Krinkie | Murphy | Schumacher | Westerberg | |
| Clark, J. | Haake | Kubly | Ness | Seagren | Westfall | |
| Clark, K. | Haas | Kuisle | Nornes | Seifert, J. | Westrom | |
| Daggett | Hackbarth | Larsen, P. | Olson | Seifert, M. | Wilkin | |
| Davids | Harder | Larson, D. | Opatz | Skoe | Winter | |
| Dawkins | Hasskamp | Leighton | Orfield | Skoglund | Wolf | |
| Dehler | Hausman | Lenczewski | Osskopp | Smith | Workman | |
| Dempsey | Hilty | Leppik | Osthoff | Solberg | Spk. Sviggum | |
The bill was passed and its title agreed to.
S. F. No. 2789, A bill for an act relating to counties; authorizing certain compensation to coroner, deputy coroner, coroner's investigator, or medical examiner; amending Minnesota Statutes 1998, section 382.18.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holberg | Lieder | Otremba | Stang | |
| Abrams | Dorn | Holsten | Lindner | Ozment | Storm | |
| Anderson, B. | Entenza | Howes | Luther | Paulsen | Swapinski | |
| Anderson, I. | Erhardt | Huntley | Mahoney | Pawlenty | Swenson | |
| Bakk | Erickson | Jaros | Mares | Paymar | Sykora | |
| Biernat | Finseth | Jennings | Mariani | Pelowski | Tingelstad | |
| Bishop | Folliard | Johnson | Marko | Peterson | Tomassoni | |
| Boudreau | Fuller | Juhnke | McCollum | Pugh | Trimble | |
| Bradley | Gerlach | Kahn | McElroy | Rest | Tuma | |
| Broecker | Gleason | Kalis | McGuire | Reuter | Tunheim | |
| Buesgens | Goodno | Kelliher | Milbert | Rhodes | Vandeveer | |
| Carlson | Gray | Kielkucki | Molnau | Rifenberg | Wagenius | |
| Carruthers | Greenfield | Knoblach | Mulder | Rostberg | Wejcman | |
| Cassell | Greiling | Koskinen | Mullery | Rukavina | Wenzel | |
| Chaudhary | Gunther | Krinkie | Murphy | Schumacher | Westerberg | |
| Clark, J. | Haake | Kubly | Ness | Seagren | Westfall | |
| Clark, K. | Haas | Kuisle | Nornes | Seifert, J. | Westrom | |
| Daggett | Hackbarth | Larsen, P. | Olson | Seifert, M. | Wilkin | |
| Davids | Harder | Larson, D. | Opatz | Skoe | Winter | |
| Dawkins | Hasskamp | Leighton | Orfield | Skoglund | Wolf | |
| Dehler | Hausman | Lenczewski | Osskopp | Smith | Workman | |
| Dempsey | Hilty | Leppik | Osthoff | Solberg | Spk. Sviggum | |
The bill was passed and its title agreed to.
S. F. No. 83 was reported to the House.
Ozment moved that S. F. No. 83 be temporarily laid over on the Calendar for the Day. The motion prevailed.
S. F. No. 3290, A bill for an act relating to environment; providing grants for certain agreements made under the Environment Response and Liability Act; extending landfill cleanup eligibility for the Western Lake Superior Sanitary District; amending Minnesota Statutes 1998, section 115B.17, subdivision 19.
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 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
The Speaker resumed the Chair.
S. F. No. 2547 was reported to the House.
McCollum, Rhodes, Hackbarth and Luther moved to amend S. F. No. 2547 as follows:
Page 1, after line 16, insert:
"Sec. 2. [MEMORIAL PLAQUE; COMBAT WOUNDED VETERANS.]
A memorial plaque to honor combat wounded veterans may be placed in the court of honor on the capitol grounds. The plaque must be furnished by other than the department of veterans affairs and approved by the commissioner and the capitol area architectural and planning board."
Amend the title as follows:
Page 1, line 6, before the period, insert "and to place a plaque in the court of honor on the capitol grounds to honor combat wounded veterans"
The motion prevailed and the amendment was adopted.
S. F. No. 2547, A bill for an act relating to the capitol area; requiring the capitol area architectural and planning board to select a site in the capitol area for installation of the memorial to Minnesota firefighters that is now installed at Minneapolis-St. Paul International Airport.
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 131 yeas and 1 nay as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holberg | Lindner | Paulsen | Swapinski | |
| 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 | Jennings | Marko | Pugh | Trimble | |
| Bishop | Folliard | Johnson | McCollum | Rest | Tuma | |
| Boudreau | Fuller | Juhnke | McElroy | Reuter | Tunheim | |
| Bradley | Gerlach | Kahn | McGuire | Rhodes | Van Dellen | |
| Broecker | Gleason | Kalis | Milbert | Rifenberg | Vandeveer | |
| Buesgens | Goodno | Kelliher | Molnau | Rostberg | Wagenius | |
| Carlson | Gray | Kielkucki | Mulder | Rukavina | Wejcman | |
| Carruthers | Greenfield | Knoblach | Mullery | Schumacher | Wenzel | |
| Cassell | Greiling | Koskinen | Murphy | Seagren | Westerberg | |
| Chaudhary | Gunther | Kubly | Ness | Seifert, J. | Westfall | |
| Clark, J. | Haake | Kuisle | Nornes | 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 | Stang | Spk. Sviggum | |
| Dempsey | Hilty | Lieder | Ozment | Storm | ||
Those who voted in the negative were:
Krinkie
The bill was passed, as amended, and its title agreed to.
S. F. No. 2987 was reported to the House.
Westrom moved to amend S. F. No. 2987 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 3903:
"Section 1. Minnesota Statutes 1999 Supplement, section 80A.15, subdivision 2, is amended to read:
Subd. 2. The following transactions are exempted from sections 80A.08 and 80A.16:
(a) Any sales, whether or not effected through a broker-dealer, provided that:
(1) no person shall make more than ten sales of securities of the same issuer pursuant to this exemption, exclusive of sales according to clause (2), during any period of 12 consecutive months; provided further, that in the case of sales by an issuer, except sales of securities registered under the Securities Act of 1933 or exempted by section 3(b) of that act, (i) the seller reasonably believes that all buyers are purchasing for investment, and (ii) the securities are
not advertised for sale to the general public in newspapers or other publications of general circulation or otherwise, or by radio, television, electronic means or similar communications media, or through a program of general solicitation by means of mail or telephone; and
(2) no issuer shall make more than 25 sales of its securities according to this exemption, exclusive of sales pursuant to clause (1), during any period of 12 consecutive months; provided further, that the issuer meets the conditions in clause (1) and, in addition meets the following additional conditions: (i) files with the commissioner, ten days before a sale according to this clause, a statement of issuer on a form prescribed by the commissioner; and (ii) no commission or other remuneration is paid or given directly or indirectly for soliciting any prospective buyers in this state in connection with a sale according to this clause except reasonable and customary commissions paid by the issuer to a broker-dealer licensed under this chapter.
(b) Any nonissuer distribution of an outstanding security if (1) either Moody's, Fitch's, or Standard & Poor's Securities Manuals, or other recognized manuals approved by the commissioner contains the names of the issuer's officers and directors, a balance sheet of the issuer as of a date not more than 18 months prior to the date of the sale, and a profit and loss statement for the fiscal year preceding the date of the balance sheet, and (2) the issuer or its predecessor has been in active, continuous business operation for the five-year period next preceding the date of sale, and (3) if the security has a fixed maturity or fixed interest or dividend provision, the issuer has not, within the three preceding fiscal years, defaulted in payment of principal, interest, or dividends on the securities.
(c) The execution of any orders by a licensed broker-dealer for the purchase or sale of any security, pursuant to an unsolicited offer to purchase or sell; provided that the broker-dealer acts as agent for the purchaser or seller, and has no direct material interest in the sale or distribution of the security, receives no commission, profit, or other compensation from any source other than the purchaser and seller and delivers to the purchaser and seller written confirmation of the transaction which clearly itemizes the commission, or other compensation.
(d) Any nonissuer sale of notes or bonds secured by a mortgage lien if the entire mortgage, together with all notes or bonds secured thereby, is sold to a single purchaser at a single sale.
(e) Any judicial sale, exchange, or issuance of securities made pursuant to an order of a court of competent jurisdiction.
(f) The sale, by a pledge holder, of a security pledged in good faith as collateral for a bona fide debt.
(g) Any offer or sale to a bank, savings institution, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, or other financial institution or institutional buyer, or to a broker-dealer, whether the purchaser is acting for itself or in some fiduciary capacity.
(h) An offer or sale of securities by an issuer made in reliance on the exemptions provided by Rule 505 or 506 of Regulation D promulgated by the Securities and Exchange Commission, Code of Federal Regulations, title 17, sections 230.501 to 230.508, subject to the conditions and definitions provided by Rules 501 to 503 of Regulation D, if the offer and sale also satisfies the conditions and limitations in clauses (1) to (10).
(1) The exemption under this paragraph is not available for the securities of an issuer if any of the persons described in Rule 252(c) to (f) of Regulation A promulgated by the Securities and Exchange Commission, Code of Federal Regulations, title 17, sections 230.251 to 230.263:
(i) has filed a registration statement that is the subject of a currently effective order entered against the issuer, its officers, directors, general partners, controlling persons, or affiliates, according to any state's law within five years before the filing of the notice required under clause (5), denying effectiveness to, or suspending or revoking the effectiveness of, the registration statement;
(ii) has been convicted, within five years before the filing of the notice required under clause (5), of a felony or misdemeanor in connection with the offer, sale, or purchase of a security or franchise, or a felony involving fraud or deceit, including but not limited to forgery, embezzlement, obtaining money under false pretenses, larceny, or conspiracy to defraud;
(iii) is subject to an effective administrative order or judgment entered by a state securities administrator within five years before the filing of the notice required under clause (5), that prohibits, denies, or revokes the use of an exemption from securities registration, that prohibits the transaction of business by the person as a broker-dealer or agent, or that is based on fraud, deceit, an untrue statement of a material fact, or an omission to state a material fact; or
(iv) is subject to an order, judgment, or decree of a court entered within five years before the filing of the notice required under clause (5), temporarily, preliminarily, or permanently restraining or enjoining the person from engaging in or continuing any conduct or practice in connection with the offer, sale, or purchase of a security, or the making of a false filing with a state.
A disqualification under paragraph (h) involving a broker-dealer or agent is waived if the broker-dealer or agent is or continues to be licensed in the state in which the administrative order or judgment was entered against the person or if the broker-dealer or agent is or continues to be licensed in this state as a broker-dealer or agent after notifying the commissioner of the act or event causing disqualification.
The commissioner may waive a disqualification under paragraph (h) upon a showing of good cause that it is not necessary under the circumstances that use of the exemption be denied.
A disqualification under paragraph (h) may be waived if the state securities administrator or agency of the state that created the basis for disqualification has determined, upon a showing of good cause, that it is not necessary under the circumstances that an exemption from registration of securities under the state's laws be denied.
It is a defense to a violation of paragraph (h) based upon a disqualification if the issuer sustains the burden of proof to establish that the issuer did not know, and in the exercise of reasonable care could not have known, that a disqualification under paragraph (h) existed.
(2) This exemption must not be available to an issuer with respect to a transaction that, although in technical compliance with this exemption, is part of a plan or scheme to evade registration or the conditions or limitations explicitly stated in paragraph (h).
(3) No commission, finder's fee, or other remuneration shall be paid or given, directly or indirectly, for soliciting a prospective purchaser, unless the recipient is appropriately licensed, or exempt from licensure, in this state as a broker-dealer.
(4) Nothing in this exemption is intended to or should be in any way construed as relieving issuers or persons acting on behalf of issuers from providing disclosure to prospective investors adequate to satisfy the antifraud provisions of the securities law of Minnesota.
(5) The issuer shall file with the commissioner a notice on form D as adopted by the Securities and Exchange Commission according to Regulation D, Code of Federal Regulations, title 17, section 230.502. The notice must be filed not later than 15 days after the first sale in this state of securities in an offering under this exemption. Every notice on form D must be manually signed by a person duly authorized by the issuer and must be accompanied by a consent to service of process on a form prescribed by the commissioner.
(6) A failure to comply with a term, condition, or requirement of paragraph (h) will not result in loss of the exemption for an offer or sale to a particular individual or entity if the person relying on the exemption shows that: (i) the failure to comply did not pertain to a term, condition, or requirement directly intended to protect that particular individual or entity, and the failure to comply was insignificant with respect to the offering as a whole;
and (ii) a good faith and reasonable attempt was made to comply with all applicable terms, conditions, and requirements of paragraph (h), except that, where an exemption is established only through reliance upon this provision, the failure to comply shall nonetheless constitute a violation of section 80A.08 and be actionable by the commissioner.
(7) The issuer, upon request by the commissioner, shall, within ten days of the request, furnish to the commissioner a copy of any and all information, documents, or materials furnished to investors or offerees in connection with the offer and sale according to paragraph (h).
(8) Neither compliance nor attempted compliance with the exemption provided by paragraph (h), nor the absence of an objection or order by the commissioner with respect to an offer or sale of securities undertaken according to this exemption, shall be considered to be a waiver of a condition of the exemption or considered to be a confirmation by the commissioner of the availability of this exemption.
(9) The commissioner may, by rule or order, increase the number of purchasers or waive any other condition of this exemption.
(10) The determination whether offers and sales made in reliance on the exemption set forth in paragraph (h) shall be integrated with offers and sales according to other paragraphs of this subdivision shall be made according to the integration standard set forth in Rule 502 of Regulation D promulgated by the Securities and Exchange Commission, Code of Federal Regulations, title 17, section 230.502. If not subject to integration according to that rule, offers and sales according to paragraph (h) shall not otherwise be integrated with offers and sales according to other exemptions set forth in this subdivision.
(i) Any offer (but not a sale) of a security for which a registration statement has been filed under sections 80A.01 to 80A.31, if no stop order or refusal order is in effect and no public proceeding or examination looking toward an order is pending; and any offer of a security if the sale of the security is or would be exempt under this section. The commissioner may by rule exempt offers (but not sales) of securities for which a registration statement has been filed as the commissioner deems appropriate, consistent with the purposes of sections 80A.01 to 80A.31.
(j) The offer and sale by a cooperative organized under chapter 308A or under the laws of another state, of its
securities when the securities are offered and sold only to its members, or when the purchase of the securities is
necessary or incidental to establishing membership in the cooperative, or when such securities are issued as
patronage dividends. This paragraph applies to a cooperative organized under the laws of another state only if the
cooperative has filed with the commissioner a consent to service of process under section 80A.27, subdivision 7, and
has, not less than ten days prior to the issuance or delivery, furnished the commissioner with a written general
description of the transaction and any other information that the commissioner requires by rule or otherwise. This
exemption only applies when the issuing cooperative is seeking to raise up to $1,000,000.
(l) The issuance and delivery of any securities of one corporation to another corporation or its security holders in connection with a merger, exchange of shares, or transfer of assets whereby the approval of stockholders of the other corporation is required to be obtained, provided, that the commissioner has been furnished with a general description of the transaction and with other information as the commissioner by rule prescribes not less than ten days prior to the issuance and delivery.
(m) Any transaction between the issuer or other person on whose behalf the offering is made and an underwriter or among underwriters.
(n) The distribution by a corporation of its or other securities to its own security holders as a stock dividend or as a dividend from earnings or surplus or as a liquidating distribution; or upon conversion of an outstanding convertible security; or pursuant to a stock split or reverse stock split.
(o) Any offer or sale of securities by an affiliate of the issuer thereof if: (1) a registration statement is in effect with respect to securities of the same class of the issuer and (2) the offer or sale has been exempted from registration by rule or order of the commissioner.
(p) Any transaction pursuant to an offer to existing security holders of the issuer, including persons who at the time of the transaction are holders of convertible securities, nontransferable warrants, or transferable warrants exercisable within not more than 90 days of their issuance, if: (1) no commission or other remuneration (other than a standby commission) is paid or given directly or indirectly for soliciting any security holder in this state; and (2) the commissioner has been furnished with a general description of the transaction and with other information as the commissioner may by rule prescribe no less than ten days prior to the transaction.
(q) Any nonissuer sales of any security, including a revenue obligation, issued by the state of Minnesota or any of its political or governmental subdivisions, municipalities, governmental agencies, or instrumentalities.
(r) Any transaction as to which the commissioner by rule or order finds that registration is not necessary in the public interest and for the protection of investors.
(s) An offer or sale of a security issued in connection with an employee's stock purchase, savings, option, profit sharing, pension, or similar employee benefit plan, if the following conditions are met:
(1) the issuer, its parent corporation or any of its majority-owned subsidiaries offers or sells the security according to a written benefit plan or written contract relating to the compensation of the purchaser; and
(2) the class of securities offered according to the plan or contract, or if an option or right to purchase a security, the class of securities to be issued upon the exercise of the option or right, is registered under section 12 of the Securities Exchange Act of 1934, or is a class of securities with respect to which the issuer files reports according to section 15(d) of the Securities Exchange Act of 1934; or
(3) the issuer fully complies with the provisions of Rule 701 as adopted by the Securities and Exchange Commission, Code of Federal Regulations, title 12, section 230.701.
The issuer shall file not less than ten days before the transaction, a general description of the transaction and any other information that the commissioner requires by rule or otherwise or, if applicable, a Securities and Exchange Form S-8. Annually, within 90 days after the end of the issuer's fiscal year, the issuer shall file a notice as provided with the commissioner.
(t) Any sale of a security of an issuer that is a pooled income fund, a charitable remainder trust, or a charitable lead trust that has a qualified charity as the only charitable beneficiary.
(u) Any sale by a qualified charity of a security that is a charitable gift annuity if the issuer has a net worth, otherwise defined as unrestricted fund balance, of not less than $300,000 and either: (1) has been in continuous operation for not less than three years; or (2) is a successor or affiliate of a qualified charity that has been in continuous operation for not less than three years.
Sec. 2. Minnesota Statutes 1998, section 308A.705, subdivision 3, is amended to read:
Subd. 3. [DIVIDENDS.] Dividends may be paid on capital stock and nonstock units of equity only if the net income of the cooperative for the previous fiscal year is sufficient. Unless otherwise provided in the articles of incorporation, the dividends are not cumulative.
Sec. 3. [REPEALER.]
Minnesota Statutes 1998, sections 308A.031; and 308A.161, are repealed.
Sec. 4. [EFFECTIVE DATE.]
Section 1 is effective retroactively from July 1, 1999."
Delete the title and insert:
"A bill for an act relating to cooperatives; amending provisions on the financing and distribution of income for cooperatives; amending Minnesota Statutes 1998, section 308A.705, subdivision 3; Minnesota Statutes 1999 Supplement, section 80A.15, subdivision 2; repealing Minnesota Statutes 1998, sections 308A.031; and 308A.161."
The motion prevailed and the amendment was adopted.
Westrom moved to amend S. F. No. 2987, as amended, as follows:
Page 9, line 31, strike "capital" and insert "common"
The motion prevailed and the amendment was adopted.
S. F. No. 2987, A bill for an act relating to cooperatives; amending provisions on the financing and distribution of income for cooperatives; amending Minnesota Statutes 1998, section 308A.705, subdivision 3; Minnesota Statutes 1999 Supplement, section 80A.15, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 308A; repealing Minnesota Statutes 1998, sections 308A.031; and 308A.161.
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:
The bill was passed, as amended, and its title agreed to.
S. F. No. 1038, A bill for an act relating to health occupations; establishing licensing requirements for occupational therapists and occupational therapy assistants; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Rules, parts 4666.0010; 4666.0020; 4666.0030; 4666.0040; 4666.0050; 4666.0060; 4666.0070; 4666.0080; 4666.0090; 4666.0100; 4666.0200; 4666.0300; 4666.0400; 4666.0500; 4666.0600; 4666.0700; 4666.0800; 4666.0900; 4666.1000; 4666.1100; 4666.1200; 4666.1300; and 4666.1400.
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 3 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Holsten | Luther | Paulsen | Swapinski | |
| Abrams | Entenza | Howes | Mahoney | Pawlenty | Swenson | |
| Anderson, B. | Erhardt | Huntley | Mares | Paymar | Sykora | |
| Anderson, I. | Erickson | Jaros | Mariani | Pelowski | Tingelstad | |
| Bakk | Finseth | Jennings | Marko | Peterson | Tomassoni | |
| Biernat | Folliard | Johnson | McCollum | Pugh | Trimble | |
| Bishop | Fuller | Juhnke | McElroy | Rest | Tuma | |
| Bradley | Gerlach | Kahn | McGuire | Reuter | Tunheim | |
| Broecker | Gleason | Kalis | Milbert | Rhodes | Van Dellen | |
| Buesgens | Goodno | Kelliher | Molnau | Rifenberg | Vandeveer | |
| Carlson | Gray | Kielkucki | Mulder | Rostberg | Wagenius | |
| Carruthers | Greenfield | Knoblach | Mullery | Rukavina | Wejcman | |
| Cassell | Greiling | Koskinen | 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 | Winter | |
| Davids | 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 | ||
Those who voted in the negative were:
| Boudreau | Krinkie | Wilkin | |
The bill was passed and its title agreed to.
H. F. No. 3278, A bill for an act relating to human services; modifying the administration of the congregate housing services projects; amending Minnesota Statutes 1998, section 256.9751.
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 | Storm | |
| Abrams | Dorn | Holsten | Luther | Paulsen | Swapinski | |
| Anderson, B. | Entenza | Howes | Mahoney | Pawlenty | Swenson | |
| Anderson, I. | Erhardt | Huntley | Mares | Paymar | Sykora | |
| Bakk | Erickson | Jaros | Mariani | Pelowski | Tingelstad | |
| Biernat | Finseth | Jennings | Marko | Peterson | Tomassoni | |
| Bishop | Folliard | Johnson | McCollum | Pugh | Trimble | |
| Boudreau | Fuller | Juhnke | McElroy | Rest | Tuma | |
| Bradley | Gerlach | Kahn | 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 | Stang | Spk. Sviggum | |
The bill was passed and its title agreed to.
H. F. No. 3481 was reported to the House.
Larsen, P.; Marko; Holsten; Vandeveer and Seifert, J., moved to amend H. F. No. 3481, the first engrossment, as follows:
Page 3, after line 20, insert:
"Sec. 5. [WASHINGTON COUNTY HRA INCREASED TO SEVEN.]
Notwithstanding Minnesota Statutes, section 469.006, subdivision 1, the Washington county housing and
redevelopment authority has seven members. The county board must appoint one member from each county
commissioner district after receiving a recommendation for the position from the district's county commissioner.
One housing and redevelopment commissioner must be appointed by the county board to represent the county at
large. One authority member must be appointed by the county board from among county residents who are directly
assisted by the public housing agency as defined in Code of Federal Regulations, title 24, part 964. The first
appointee to an at-large position serves for two years; thereafter the term is three years. The first appointee to the position requiring one directly assisted by the public housing agency serves for one year; thereafter the term is three years.
Sec. 6. [EFFECTIVE DATE; LOCAL APPROVAL.]
Section 5 is effective the day after the governing body of Washington county and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3."
Amend the title as follows:
Page 1, line 4, after the second semicolon, insert "increasing the Washington county redevelopment authority to seven members;"
The motion prevailed and the amendment was adopted.
H. F. No. 3481, A bill for an act relating to local government; changing the authorized number of members of housing and redevelopment authorities; increasing a member per diem limit; increasing the Washington county redevelopment authority to seven members; amending Minnesota Statutes 1998, sections 469.003, subdivision 5; 469.006, subdivisions 1 and 2; and 469.011, subdivision 4.
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 122 yeas and 10 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Holsten | Luther | Paymar | Sykora | |
| Abrams | Entenza | Howes | Mahoney | Pelowski | Tingelstad | |
| Anderson, I. | Erhardt | Huntley | Mares | Peterson | Tomassoni | |
| Bakk | Erickson | Jaros | Mariani | Pugh | Trimble | |
| Biernat | Finseth | Jennings | Marko | Rest | Tuma | |
| Bishop | Folliard | Johnson | McCollum | Rhodes | Tunheim | |
| Boudreau | Fuller | Juhnke | McElroy | Rifenberg | Van Dellen | |
| Bradley | Gleason | Kahn | McGuire | Rostberg | Vandeveer | |
| Broecker | Goodno | Kalis | Milbert | Rukavina | Wagenius | |
| Carlson | Gray | Kelliher | Molnau | Schumacher | Wejcman | |
| Carruthers | Greenfield | Kielkucki | Mullery | Seagren | Wenzel | |
| Cassell | Greiling | Knoblach | Murphy | Seifert, J. | Westerberg | |
| Chaudhary | Gunther | Koskinen | Ness | Seifert, M. | Westrom | |
| Clark, J. | Haake | Kubly | Nornes | Skoe | Winter | |
| Clark, K. | Haas | Kuisle | Opatz | Skoglund | Wolf | |
| Daggett | Hackbarth | Larsen, P. | Orfield | Smith | Workman | |
| Davids | Harder | Larson, D. | Osthoff | Solberg | Spk. Sviggum | |
| Dawkins | Hasskamp | Leighton | Otremba | Stang | ||
| Dehler | Hausman | Lenczewski | Ozment | Storm | ||
| Dempsey | Hilty | Leppik | Paulsen | Swapinski | ||
| Dorman | Holberg | Lieder | Pawlenty | Swenson | ||
Those who voted in the negative were:
| Anderson, B. | Gerlach | Lindner | Olson | Reuter | Wilkin | |
| Buesgens | Krinkie | Mulder | Osskopp | |||
The bill was passed, as amended, and its title agreed to.
H. F. No. 3501, A bill for an act relating to labor; modifying a provision governing exchange of information between the departments of labor and industry and revenue; amending Minnesota Statutes 1998, section 270B.14, subdivision 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 117 yeas and 16 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Hilty | Lieder | Paulsen | Swenson | |
| Abrams | Dorn | Holsten | Luther | Pawlenty | Sykora | |
| Anderson, I. | Entenza | Howes | Mahoney | Paymar | Tingelstad | |
| Bakk | Erhardt | Huntley | Mares | Pelowski | Tomassoni | |
| Biernat | Erickson | Jaros | Mariani | Peterson | Trimble | |
| Bishop | Finseth | Jennings | Marko | Pugh | Tunheim | |
| Boudreau | Folliard | Johnson | McCollum | Rest | Van Dellen | |
| Bradley | Fuller | Juhnke | McElroy | Rhodes | Vandeveer | |
| Broecker | Gleason | Kahn | McGuire | Rifenberg | Wagenius | |
| Carlson | Goodno | Kalis | Milbert | Rostberg | Wejcman | |
| Carruthers | Gray | Kelliher | Molnau | Rukavina | Wenzel | |
| Cassell | Greenfield | Knoblach | Mullery | Schumacher | Westerberg | |
| Chaudhary | Greiling | Koskinen | Murphy | Seagren | Westfall | |
| Clark, J. | Gunther | Kubly | Ness | Seifert, J. | Westrom | |
| Clark, K. | Haake | Kuisle | Nornes | Skoe | Winter | |
| Daggett | Haas | Larsen, P. | Opatz | Skoglund | Wolf | |
| Davids | Hackbarth | Larson, D. | Orfield | Solberg | Spk. Sviggum | |
| Dawkins | Harder | Leighton | Osthoff | Stang | ||
| Dehler | Hasskamp | Lenczewski | Otremba | Storm | ||
| Dempsey | Hausman | Leppik | Ozment | Swapinski | ||
Those who voted in the negative were:
| Anderson, B. | Holberg | Lindner | Osskopp | Smith | Workman | |
| Buesgens | Kielkucki | Mulder | Reuter | Tuma | ||
| Gerlach | Krinkie | Olson | Seifert, M. | Wilkin | ||
The bill was passed and its title agreed to.
S. F. No. 1870 was reported to the House.
Haas moved that S. F. No. 1870 be continued on the Calendar for the Day. The motion prevailed.
S. F. No. 2723, A bill for an act relating to property; making certain appeal periods consistent; changing provisions of the Uniform Probate Code; amending Minnesota Statutes 1998, sections 501B.21; 524.2-513; 524.3-1203, subdivision 5; and 525.712.
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 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Howes | Mahoney | Paymar | Tingelstad | |
| Abrams | Entenza | Huntley | Mares | Pelowski | Tomassoni | |
| Anderson, B. | Erhardt | Jaros | Mariani | Peterson | Trimble | |
| Anderson, I. | Erickson | Jennings | Marko | Pugh | Tuma | |
| Bakk | Finseth | Johnson | McCollum | Rest | Tunheim | |
| Biernat | Folliard | Juhnke | McElroy | Reuter | Van Dellen | |
| Bishop | Fuller | Kahn | McGuire | Rhodes | Vandeveer | |
| Boudreau | Gerlach | Kalis | Milbert | Rifenberg | Wagenius | |
| Bradley | Gleason | Kelliher | Molnau | Rostberg | Wejcman | |
| Broecker | Goodno | Kielkucki | Mulder | Rukavina | Wenzel | |
| Buesgens | Gray | Knoblach | Mullery | Schumacher | Westerberg | |
| Carlson | Greenfield | Koskinen | Murphy | Seagren | Westfall | |
| Carruthers | Greiling | Krinkie | Ness | Seifert, J. | Westrom | |
| Cassell | Gunther | Kubly | Nornes | Seifert, M. | Wilkin | |
| Chaudhary | Haake | Kuisle | Olson | Skoe | Winter | |
| Clark, J. | Haas | Larsen, P. | Opatz | Skoglund | Wolf | |
| Clark, K. | Hackbarth | Larson, D. | Orfield | Smith | Workman | |
| Daggett | Harder | Leighton | Osskopp | Solberg | Spk. Sviggum | |
| Davids | Hasskamp | Lenczewski | Osthoff | Stang | ||
| Dawkins | Hausman | Leppik | Otremba | Storm | ||
| Dehler | Hilty | Lieder | Ozment | Swapinski | ||
| Dempsey | Holberg | Lindner | Paulsen | Swenson | ||
| Dorman | Holsten | Luther | Pawlenty | Sykora | ||
The bill was passed and its title agreed to.
S. F. No. 76, A bill for an act relating to crime prevention; eliminating requirement to hold DWI-related vehicle forfeiture proceeding at same time as implied consent hearing; amending Minnesota Statutes 1998, section 169.1217, subdivision 7a.
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 128 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Buesgens | Krinkie | Olson | Wilkin | |
The bill was passed and its title agreed to.
Greenfield and Osthoff were excused for the remainder of today's session.
Pawlenty moved that the House recess subject to the call of the Chair. The motion prevailed.
RECONVENED
The House reconvened and was called to order by the Speaker.
H. F. No. 3497 was reported to the House.
Tuma moved to amend H. F. No. 3497, the first engrossment, as follows:
Pages 1 and 2, delete sections 2 and 3
Page 3, line 5, after "contested" insert "case"
Page 3, line 16, delete everything after "organization"
Page 3, line 17, delete "$7,000,000"
Page 3, line 19, before the semicolon, insert ", whose annual revenues did not exceed $7,000,000 at the time the civil action was filed or the contested case proceeding was initiated"
Page 3, line 24, after "5" insert a comma
Page 3, line 25, before the period, insert "at the time the civil action was filed or the contested case proceeding was initiated"
Page 3, lines 29 to 31, delete the new language
Page 3, line 32, delete "(d)"
Page 4, delete sections 6 and 7
Page 4, delete lines 22 to 31 and insert:
"(a) If a prevailing party other than the state, in a civil action or contested case proceeding other than a tort action, brought by or against the state, shows that the position of the state was not substantially justified, the court or administrative law judge shall award fees and other expenses to the party unless special circumstances make an award unjust."
Page 5, delete lines 6 to 16
Page 5, line 17, delete the new language and strike the old language
Page 5, strike line 18
Page 5, line 19, delete "(d)" and insert "(c)"
Page 5, delete lines 27 to 31
Page 5, line 32, delete "(f)" and insert "(d)"
Pages 5 and 6, delete section 9
Page 6, line 4, delete "pending on,"
Page 6, line 5, delete the first "or" and delete the comma
Renumber the remaining sections
Amend the title as follows:
Page 1, delete lines 10 to 12 and insert "sections 15.471, subdivisions 4, 5, and 6; and 15.472."
The motion prevailed and the amendment was adopted.
H. F. No. 3497, A bill for an act relating to state government; regulating the recovery of costs and attorney fees from the state of Minnesota; conforming certain provisions of state law to analogous federal law; clarifying existing law; establishing specific procedures for application of fees; correcting miscellaneous noncontroversial oversights, inconsistencies, ambiguities, and technical errors; amending Minnesota Statutes 1998, sections 15.471, subdivisions 4, 5, and 6; and 15.472.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Holsten | Lindner | Paulsen | Swapinski | |
| Abrams | Dorn | Howes | Luther | Pawlenty | Swenson | |
| Anderson, B. | Entenza | Huntley | Mahoney | Paymar | Sykora | |
| Anderson, I. | Erhardt | Jaros | Mares | Pelowski | Tingelstad | |
| Bakk | Erickson | Jennings | 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 | Milbert | Rifenberg | Vandeveer | |
| Buesgens | Goodno | Kielkucki | Molnau | Rostberg | Wagenius | |
| Carlson | Gray | Knoblach | Mulder | Rukavina | Wejcman | |
| Carruthers | Greiling | Koskinen | Mullery | Schumacher | Wenzel | |
| Cassell | Gunther | Krinkie | Murphy | Seagren | Westerberg | |
| Chaudhary | Haake | Kubly | Ness | Seifert, J. | Westfall | |
| Clark, J. | Haas | Kuisle | Nornes | Seifert, M. | Westrom | |
| Clark, K. | Hackbarth | Larsen, P. | Olson | Skoe | Wilkin | |
| Daggett | Harder | Larson, D. | Opatz | Skoglund | Winter | |
| Davids | Hasskamp | Leighton | Orfield | Smith | Wolf | |
| Dawkins | Hausman | Lenczewski | Osskopp | Solberg | Workman | |
| Dehler | Hilty | Leppik | Otremba | Stang | Spk. Sviggum | |
| Dempsey | Holberg | Lieder | Ozment | Storm | ||
The bill was passed, as amended, and its title agreed to.
S. F. No. 83, which was temporarily laid over earlier today on the Calendar for the Day, was again reported to the House.
Ozment moved to amend S. F. No. 83, the unofficial engrossment, as follows:
Page 3, line 29, after the period, insert "If the commissioner receives an objection from a party required to receive the notice, the reclassification is not effective."
The motion prevailed and the amendment was adopted.
S. F. No. 83, A bill for an act relating to natural resources; simplifying and consolidating wetland regulation; amending Minnesota Statutes 1998, sections 103G.005, subdivisions 15 and 19; 103G.201; 103G.2242, subdivision 2; 103G.2372; 103G.2373; and 645.44, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103G.
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 120 yeas and 8 nays as follows:
Those who voted in the affirmative were:
| Abeler | Erhardt | Howes | Luther | Paulsen | Storm | |
| Biernat | Erickson | Huntley | Mahoney | Pawlenty | Swapinski | |
| Boudreau | Finseth | Jennings | Mares | Paymar | Swenson | |
| Bradley | Folliard | Johnson | Mariani | Pelowski | Sykora | |
| Broecker | Fuller | Juhnke | Marko | Peterson | Tingelstad | |
| Buesgens | Gerlach | Kahn | McCollum | Pugh | Tomassoni | |
| Carlson | Gleason | Kalis | McElroy | Rest | Trimble | |
| Carruthers | Goodno | Kelliher | McGuire | Rhodes | Tuma | |
| Cassell | Gray | Knoblach | Milbert | Rifenberg | Van Dellen | |
| Chaudhary | Greiling | Koskinen | Molnau | Rostberg | Vandeveer | |
| Clark, J. | Gunther | Krinkie | Mulder | Rukavina | Wagenius | |
| Clark, K. | Haake | Kubly | Mullery | Schumacher | Wejcman | |
| Daggett | Haas | Kuisle | Murphy | Seagren | Wenzel | |
| Davids | Hackbarth | Larsen, P. | Ness | Seifert, J. | Westerberg | |
| Dawkins | Harder | Larson, D. | Nornes | Seifert, M. | Westfall | |
| Dehler | Hasskamp | Leighton | Opatz | Skoe | Wilkin | |
| Dempsey | Hausman | Lenczewski | Orfield | Skoglund | Winter | |
| Dorman | Hilty | Leppik | Osskopp | Smith | Wolf | |
| Dorn | Holberg | Lieder | Otremba | Solberg | Workman | |
| Entenza | Holsten | Lindner | Ozment | Stang | Spk. Sviggum | |
Those who voted in the negative were:
| Anderson, B. | Bakk | Olson | Tunheim | Westrom | |
| Anderson, I. | Kielkucki | Reuter | |||
The bill was passed, as amended, and its title agreed to.
S. F. No. 2500 was reported to the House.
Van Dellen moved to amend S. F. No. 2500 as follows:
Page 3, line 16, after the period, insert "Any organization or an affiliate of an organization which provides abortions, promotes abortions, or directly refers for abortions, shall be ineligible to receive funds under this section."
A roll call was requested and properly seconded.
Luther raised a point of order pursuant to rule 3.21 that the Van Dellen amendment was not in order. The Speaker ruled the point of order not well taken and the Van Dellen amendment in order.
Luther appealed the decision of the Speaker.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 88 yeas and 39 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorman | Juhnke | Mulder | Rest | Tuma | |
| Abrams | Erickson | Kalis | Murphy | Reuter | Tunheim | |
| Anderson, B. | Finseth | Kielkucki | Ness | Rifenberg | Van Dellen | |
| Anderson, I. | Fuller | Knoblach | Nornes | Rostberg | Vandeveer | |
| Bishop | Gerlach | Krinkie | Olson | Schumacher | Wenzel | |
| Boudreau | Goodno | Kubly | Opatz | Seagren | Westerberg | |
| Bradley | Gunther | Kuisle | Orfield | Seifert, J. | Westfall | |
| Broecker | Haake | Larsen, P. | Osskopp | Seifert, M. | Westrom | |
| Buesgens | Haas | Lenczewski | Otremba | Skoe | Wilkin | |
| Cassell | Hackbarth | Lieder | Ozment | Smith | Winter | |
| Clark, J. | Harder | Lindner | Paulsen | Stang | Wolf | |
| Daggett | Hasskamp | Mares | Pawlenty | Storm | Workman | |
| Davids | Holberg | McElroy | Pelowski | Swenson | Spk. Sviggum | |
| Dehler | Holsten | Milbert | Peterson | Sykora | ||
| Dempsey | Howes | Molnau | Pugh | Tingelstad | ||
Those who voted in the negative were:
| Bakk | Entenza | Huntley | Leighton | McGuire | Tomassoni | |
| Biernat | Erhardt | Jaros | Leppik | Mullery | Trimble | |
| Carlson | Folliard | Jennings | Luther | Paymar | Wagenius | |
| Chaudhary | Gleason | Johnson | Mahoney | Rhodes | Wejcman | |
| Clark, K. | Gray | Kelliher | Mariani | Rukavina | ||
| Dawkins | Greiling | Koskinen | Marko | Skoglund | ||
| Dorn | Hausman | Larson, D. | McCollum | Swapinski | ||
So it was the judgment of the House that the decision of the Speaker should stand.
The Speaker called Abrams to the Chair.
Holsten moved to amend the Van Dellen amendment to S. F. No. 2500 as follows:
Page 1, line 5, delete "for" and insert "to"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and the roll was called. There were 42 yeas and 89 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Abeler | Dorn | Juhnke | Mullery | Rest | Tingelstad | |
| Anderson, B. | Erickson | Kalis | Murphy | Reuter | Tuma | |
| Anderson, I. | Finseth | Kielkucki | Ness | Rifenberg | Tunheim | |
| Biernat | Fuller | Knoblach | Nornes | Rostberg | Van Dellen | |
| Boudreau | Gerlach | Krinkie | Olson | Schumacher | Vandeveer | |
| Bradley | Goodno | Kubly | Opatz | Seagren | Wenzel | |
| Broecker | Gunther | Kuisle | Orfield | Seifert, J. | Westerberg | |
| Buesgens | Haake | Larsen, P. | Osskopp | Seifert, M. | Westfall | |
| Cassell | Haas | Lenczewski | Otremba | Skoe | Westrom | |
| Chaudhary | Hackbarth | Lieder | Ozment | Smith | Wilkin | |
| Clark, J. | Harder | Lindner | Paulsen | Solberg | Winter | |
| Daggett | Hasskamp | Mares | Pawlenty | Stang | Wolf | |
| Davids | Hilty | Milbert | Pelowski | Storm | Workman | |
| Dehler | Holberg | Molnau | Peterson | Swenson | Spk. Sviggum | |
| Dempsey | Howes | Mulder | Pugh | Sykora | ||
The motion did not prevail and the amendment to the amendment was not adopted.
Luther moved to amend the Van Dellen amendment to S. F. No. 2500 as follows:
Page 1, line 4, after the first "organization" delete "or an affiliate of an organization"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and the roll was called. There were 51 yeas and 81 nays as follows:
Those who voted in the affirmative were:
| Abrams | Dorn | Holsten | Leighton | McGuire | Skoglund | |
| Bakk | Entenza | Huntley | Lenczewski | Mullery | Swapinski | |
| Biernat | Erhardt | Jaros | Leppik | Opatz | Tomassoni | |
| Bishop | Folliard | Jennings | Lieder | Orfield | Trimble | |
| Carlson | Gleason | Johnson | Luther | Paymar | Wagenius | |
| Carruthers | Gray | Kahn | Mahoney | Rest | Wejcman | |
| Chaudhary | Greiling | Kelliher | Mariani | Rhodes | ||
| Clark, K. | Hausman | Koskinen | Marko | Rukavina | ||
| Dawkins | Hilty | Larson, D. | McCollum | Skoe | ||
Those who voted in the negative were:
The motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Van Dellen amendment and the roll was called. There were 83 yeas and 49 nays as follows:
Those who voted in the affirmative were:
| Abeler | Erickson | Juhnke | Mulder | Rifenberg | Tuma | |
| Anderson, B. | Finseth | Kalis | Murphy | Rostberg | Tunheim | |
| Anderson, I. | Fuller | Kielkucki | Ness | Schumacher | Van Dellen | |
| Boudreau | Gerlach | Knoblach | Nornes | Seagren | Vandeveer | |
| Bradley | Goodno | Krinkie | Olson | Seifert, J. | Wenzel | |
| Broecker | Gunther | Kubly | Osskopp | Seifert, M. | Westerberg | |
| Buesgens | Haake | Kuisle | Otremba | Smith | Westfall | |
| Cassell | Haas | Larsen, P. | Ozment | Solberg | Westrom | |
| Clark, J. | Hackbarth | Lenczewski | Paulsen | Stanek | Wilkin | |
| Daggett | Harder | Lieder | Pawlenty | Stang | Winter | |
| Davids | Hasskamp | Lindner | Pelowski | Storm | Wolf | |
| Dehler | Holberg | Mares | Peterson | Swenson | Workman | |
| Dempsey | Holsten | Milbert | Pugh | Sykora | Spk. Sviggum | |
| Dorman | Howes | Molnau | Reuter | Tingelstad | ||
Those who voted in the negative were:
| Abrams | Dorn | Huntley | Leppik | Opatz | Tomassoni | |
| Bakk | Entenza | Jaros | Luther | Orfield | Trimble | |
| Biernat | Erhardt | Jennings | Mahoney | Paymar | Wagenius | |
| Bishop | Folliard | Johnson | Mariani | Rest | Wejcman | |
| Carlson | Gleason | Kahn | Marko | Rhodes | ||
| Carruthers | Gray | Kelliher | McCollum | Rukavina | ||
| Chaudhary | Greiling | Koskinen | McElroy | Skoe | ||
| Clark, K. | Hausman | Larson, D. | McGuire | Skoglund | ||
| Dawkins | Hilty | Leighton | Mullery | Swapinski | ||
The motion prevailed and the amendment was adopted.
S. F. No. 2500, A bill for an act relating to charitable organizations; changing definitions; amending Minnesota Statutes 1998, section 309.501, 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 92 yeas and 40 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Juhnke | Mulder | Rifenberg | Tunheim | |
| Anderson, B. | Erickson | Kalis | Mullery | Rostberg | Van Dellen | |
| Anderson, I. | Finseth | Kielkucki | Murphy | Schumacher | Vandeveer | |
| Boudreau | Fuller | Knoblach | Ness | Seagren | Wenzel | |
| Bradley | Gerlach | Krinkie | Nornes | Seifert, J. | Westerberg | |
| Broecker | Goodno | Kubly | Olson | Seifert, M. | Westfall | |
| Buesgens | Gunther | Kuisle | Opatz | Skoe | Westrom | |
| Carlson | Haake | Larsen, P. | Osskopp | Smith | Wilkin | |
| Carruthers | Haas | Lenczewski | Otremba | Solberg | Winter | |
| Cassell | Hackbarth | Lieder | Ozment | Stanek | Wolf | |
| Clark, J. | Harder | Lindner | Paulsen | Stang | Workman | |
| Daggett | Hasskamp | Luther | Pawlenty | Storm | Spk. Sviggum | |
| Davids | Hilty | Mares | Pelowski | Swenson | ||
| Dehler | Holberg | Marko | Peterson | Sykora | ||
| Dempsey | Holsten | McCollum | Pugh | Tingelstad | ||
| Dorman | Howes | Molnau | Reuter | Tuma | ||
Those who voted in the negative were:
| Abrams | Entenza | Huntley | Larson, D. | Milbert | Swapinski | |
| Bakk | Erhardt | Jaros | Leighton | Orfield | Tomassoni | |
| Biernat | Folliard | Jennings | Leppik | Paymar | Trimble | |
| Bishop | Gleason | Johnson | Mahoney | Rest | Wagenius | |
| Chaudhary | Gray | Kahn | Mariani | Rhodes | Wejcman | |
| Clark, K. | Greiling | Kelliher | McElroy | Rukavina | ||
| Dawkins | Hausman | Koskinen | McGuire | Skoglund | ||
The bill was passed, as amended, and its title agreed to.
S. F. No. 3428, A bill for an act relating to professions; modifying supervisory and disciplinary requirements for psychologists; amending Minnesota Statutes 1998, sections 148.89, by adding subdivisions; and 148.925, subdivisions 1, 2, 3, 5, and 6; Minnesota Statutes 1999 Supplement, section 148.941, 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:
The bill was passed and its title agreed to.
S. F. No. 3198 was reported to the House.
McCollum offered an amendment to S. F. No. 3198.
Bradley raised a point of order pursuant to rule 3.21 that the McCollum amendment was not in order. Speaker pro tempore Abrams ruled the point of order well taken and the McCollum amendment out of order.
S. F. No. 3198, A bill for an act relating to human services; establishing a process to close nursing facilities and reallocate the savings to other facilities; requiring budget neutrality; proposing coding for new law in Minnesota Statutes, chapter 256B.
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 1 nay as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
Olson
The bill was passed and its title agreed to.
S. F. No. 2785 was reported to the House.
Workman moved to amend S. F. No. 2785 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 3274, the first engrossment:
"Section 1. Minnesota Statutes 1998, section 169.825, is amended by adding a subdivision to read:
Subd. 17. [APPLICATION TO UTILITY VEHICLE.] This section does not apply to a utility vehicle that does not exceed a weight of 20,000 pounds per axle and is owned by (1) a public utility, as defined in section 216B.02, (2) a municipality or municipal utility that operates the vehicle for its municipal electric, gas, or water system, or (3) a cooperative electric association organized under chapter 308A.
Sec. 2. Minnesota Statutes 1998, section 169.87, is amended by adding a subdivision to read:
Subd. 5. [UTILITY VEHICLES.] Weight restrictions imposed by the commissioner under subdivision 1 do not apply to a two-axle or three-axle utility vehicle that does not exceed a weight of 20,000 pounds per single axle and 36,000 pounds gross vehicle weight for a two-axle vehicle or 48,000 pounds gross vehicle weight for a three-axle vehicle, if the vehicle is owned by (1) a public utility as defined in section 216B.02, (2) a municipality or municipal utility that operates the vehicle for its municipal electric, gas, or water system, or (3) a cooperative electric association organized under chapter 308A. The exemption in this subdivision applies only when the vehicle is performing service restoration or other work necessary to prevent an imminent loss of service.
Sec. 3. Minnesota Statutes 1998, section 169.87, is amended by adding a subdivision to read:
Subd. 6. [RECYCLING VEHICLES.] Weight restrictions imposed under subdivisions 1 and 2 do not apply to a vehicle that does not exceed 20,000 pounds per single axle while engaged in recycling.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day after final enactment and are repealed June 1, 2003."
Delete the title and insert:
"A bill for an act relating to motor vehicles; exempting utility-owned vehicles from certain weight restrictions; amending Minnesota Statutes 1998, sections 169.825, by adding a subdivision; and 169.87, by adding subdivisions."
The motion prevailed and the amendment was adopted.
The Speaker resumed the Chair.
Lieder and Kalis moved to amend S. F. No. 2785, as amended, as follows:
Page 2, delete section 3
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Lieder and Kalis amendment and the roll was called. There were 60 yeas and 72 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Entenza | Johnson | Luther | Otremba | Solberg | |
| Bakk | Folliard | Kahn | Mahoney | Paymar | Swapinski | |
| Biernat | Gleason | Kalis | Mariani | Pelowski | Tomassoni | |
| Carlson | Greiling | Kelliher | Marko | Peterson | Trimble | |
| Carruthers | Hasskamp | Koskinen | McCollum | Pugh | Tunheim | |
| Chaudhary | Hausman | Kubly | McGuire | Rest | Wagenius | |
| Clark, K. | Hilty | Larson, D. | Milbert | Rukavina | Wejcman | |
| Dawkins | Huntley | Leighton | Mullery | Schumacher | Wenzel | |
| Dehler | Jaros | Lenczewski | Murphy | Skoe | Winter | |
| Dorn | Jennings | Lieder | Opatz | Skoglund | Wolf | |
Those who voted in the negative were:
The motion did not prevail and the amendment was not adopted.
Kubly, Peterson and Trimble offered an amendment to S. F. No. 2785, as amended.
Molnau raised a point of order pursuant to rule 3.21 that the Kubly et al amendment was not in order. The Speaker ruled the point of order well taken and the Kubly et al amendment out of order.
Kubly appealed the decision of the Speaker.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 74 yeas and 58 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dempsey | Harder | Milbert | Rifenberg | Van Dellen | |
| Abrams | Dorman | Holberg | Molnau | Rostberg | Vandeveer | |
| Anderson, B. | Dorn | Holsten | Mulder | Seagren | Westerberg | |
| Bishop | Erhardt | Howes | Ness | Seifert, J. | Westfall | |
| Boudreau | Erickson | Kielkucki | Nornes | Seifert, M. | Westrom | |
| Bradley | Finseth | Knoblach | Olson | Smith | Wilkin | |
| Broecker | Fuller | Krinkie | Osskopp | Stanek | Wolf | |
| Buesgens | Gerlach | Kuisle | Ozment | Stang | Workman | |
| Cassell | Goodno | Larsen, P. | Paulsen | Storm | Spk. Sviggum | |
| Clark, J. | Gunther | Leppik | Pawlenty | Swenson | ||
| Daggett | Haake | Lindner | Rest | Sykora | ||
| Davids | Haas | Mares | Reuter | Tingelstad | ||
| Dehler | Hackbarth | McElroy | Rhodes | Tuma | ||
Those who voted in the negative were:
So it was the judgment of the House that the decision of the Speaker should stand.
Bakk moved to amend S. F. No. 2785, as amended, as follows:
Page 1, line 14, delete the second "or"
Page 1, line 15, before the period, insert ", or (4) a truck transporting raw sewage from an individual septic treatment system"
Page 2, line 1, delete the second "or"
Page 2, line 5, before the period, insert ", or (4) a truck transporting raw sewage from an individual septic treatment system"
The motion prevailed and the amendment was adopted.
Kubly moved to amend S. F. No. 2785, as amended, as follows:
Page 1, line 14, delete the second "or"
Page 1, line 15, delete the period and insert ", or (4) a milk hauler."
Page 2, line 1, delete the second "or"
Page 2, line 2, delete the period and insert ", or (4) a milk hauler."
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Kubly amendment and the roll was called. There were 73 yeas and 56 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Abrams | Dorman | Howes | Mares | Rhodes | Westfall | |
| Anderson, B. | Erhardt | Juhnke | McElroy | Seagren | Westrom | |
| Bishop | Fuller | Kalis | Molnau | Seifert, J. | Wilkin | |
| Boudreau | Gerlach | Kielkucki | Mulder | Smith | Wolf | |
| Bradley | Goodno | Knoblach | Ness | Sykora | Workman | |
| Broecker | Gunther | Krinkie | Olson | Tingelstad | Spk. Sviggum | |
| Buesgens | Haas | Kuisle | Ozment | Tuma | ||
| Daggett | Hackbarth | Larsen, P. | Paulsen | Van Dellen | ||
| Davids | Holberg | Leppik | Pawlenty | Vandeveer | ||
| Dempsey | Holsten | Lindner | Reuter | Westerberg | ||
The motion prevailed and the amendment was adopted.
S. F. No. 2785, A bill for an act relating to motor vehicles; exempting utility-owned vehicles from certain weight restrictions; amending Minnesota Statutes 1998, sections 169.825, by adding a subdivision; and 169.87, by adding a subdivision.
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 115 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
| Clark, K. | Gray | Kahn | Mullery | Trimble | Wejcman | |
| Entenza | Greiling | Kalis | Orfield | Wagenius | ||
| Folliard | Hausman | Koskinen | Skoglund | |||
The bill was passed, as amended, and its title agreed to.
S. F. No. 3533, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 2 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Huntley | Mares | Peterson | Tingelstad | |
| Abrams | Entenza | Jaros | Mariani | Pugh | Tomassoni | |
| Anderson, B. | Erhardt | Jennings | Marko | Rest | Trimble | |
| Anderson, I. | Erickson | Johnson | McCollum | Reuter | Tuma | |
| Bakk | Folliard | Juhnke | McElroy | Rhodes | Tunheim | |
| Biernat | Fuller | Kahn | McGuire | Rifenberg | Van Dellen | |
| Bishop | Gerlach | Kalis | Milbert | Rostberg | Vandeveer | |
| Boudreau | Gleason | Kelliher | Molnau | Rukavina | Wagenius | |
| Bradley | Goodno | Kielkucki | Mulder | Schumacher | Wejcman | |
| Broecker | Gray | Knoblach | Mullery | Seagren | Wenzel | |
| Carlson | Greiling | Koskinen | Murphy | Seifert, J. | Westerberg | |
| Carruthers | Gunther | Kubly | Nornes | Seifert, M. | Westfall | |
| Cassell | Haake | Kuisle | Olson | Skoe | Westrom | |
| Chaudhary | Haas | Larsen, P. | Opatz | Skoglund | Wilkin | |
| Clark, J. | Hackbarth | Larson, D. | Orfield | Smith | Winter | |
| Clark, K. | Harder | Leighton | Osskopp | Solberg | Wolf | |
| Daggett | Hasskamp | Lenczewski | Otremba | Stanek | Workman | |
| Davids | Hausman | Leppik | Ozment | Stang | Spk. Sviggum | |
| Dawkins | Hilty | Lieder | Paulsen | Storm | ||
| Dehler | Holberg | Lindner | Pawlenty | Swapinski | ||
| Dempsey | Holsten | Luther | Paymar | Swenson | ||
| Dorman | Howes | Mahoney | Pelowski | Sykora | ||
Those who voted in the negative were:
| BuesgensKrinkie | ||
The bill was passed and its title agreed to.
S. F. No. 1288 was reported to the House.
Huntley; Wagenius; McCollum; Larsen, P.; Hausman; Jennings and Greiling moved to amend S. F. No. 1288, the third unofficial engrossment, as follows:
Pages 1 to 5, delete sections 1 through 4
A roll call was requested and properly seconded.
The Speaker called Paulsen to the Chair.
The question was taken on the Huntley et al amendment and the roll was called. There were 63 yeas and 68 nays as follows:
Those who voted in the affirmative were:
| Abrams | Gerlach | Kelliher | Marko | Paymar | Sykora | |
| Biernat | Gleason | Koskinen | McCollum | Pelowski | Trimble | |
| Carlson | Gray | Larsen, P. | McElroy | Pugh | Van Dellen | |
| Chaudhary | Greiling | Larson, D. | McGuire | Rest | Vandeveer | |
| Clark, J. | Hausman | Leighton | Milbert | Reuter | Wagenius | |
| Clark, K. | Hilty | Lenczewski | Mullery | Rhodes | Wejcman | |
| Dawkins | Huntley | Leppik | Murphy | Seagren | Westerberg | |
| Dorn | Jaros | Lieder | Opatz | Seifert, J. | Winter | |
| Entenza | Jennings | Luther | Orfield | Skoglund | ||
| Erhardt | Johnson | Mares | Paulsen | Storm | ||
| Folliard | Kahn | Mariani | Pawlenty | Swapinski | ||
Those who voted in the negative were:
| Abeler | Dehler | Hasskamp | Mahoney | Rukavina | Tunheim | |
| Anderson, B. | Dempsey | Holberg | Molnau | Schumacher | Wenzel | |
| Anderson, I. | Dorman | Holsten | Mulder | Seifert, M. | Westfall | |
| Bakk | Erickson | Howes | Ness | Skoe | Westrom | |
| Bishop | Finseth | Juhnke | Nornes | Smith | Wilkin | |
| Boudreau | Fuller | Kalis | Olson | Solberg | Wolf | |
| Bradley | Goodno | Kielkucki | Osskopp | Stanek | Workman | |
| Broecker | Gunther | Knoblach | Otremba | Stang | Spk. Sviggum | |
| Buesgens | Haake | Krinkie | Ozment | Swenson | ||
| Cassell | Haas | Kubly | Peterson | Tingelstad | ||
| Daggett | Hackbarth | Kuisle | Rifenberg | Tomassoni | ||
| Davids | Harder | Lindner | Rostberg | Tuma | ||
The motion did not prevail and the amendment was not adopted.
Hackbarth offered an amendment to S. F. No. 1288, the third unofficial engrossment.
POINT OF ORDER
Entenza raised a point of order pursuant to rule 3.21 that the Hackbarth amendment was not in order. Speaker pro tempore Paulsen ruled the point of order well taken and the Hackbarth amendment out of order.
Swapinski moved to amend S. F. No. 1288, the third unofficial engrossment, as follows:
Page 9, after line 30, insert:
"Sec. 10. Minnesota Statutes 1998, section 97A.445, subdivision 1, is amended to read:
Subdivision 1. [ANGLING; TAKE A KID FISHING WEEKEND.] A resident over age 18 may take fish by
angling without a license during one Saturday and Sunday three-day consecutive period of the
angling season designated by rule of the commissioner if accompanied by a child who is under age 16. The
commissioner shall publicize the Saturday and Sunday three-day period as "Take a Kid Fishing
Weekend.""
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Rukavina moved to amend S. F. No. 1288, the third unofficial engrossment, as amended, as follows:
Page 25, after line 35, insert:
"Sec. 39. [EXEMPTIONS FROM HUNTING RESTRICTIONS.]
(a) Hunting is permitted in accordance with state law and local government regulations in:
(1) the off-highway vehicle recreation area established under Laws 1996, chapter 407, section 32, and Laws 1999, chapter 231, section 99; and
(2) the state recreation area established under Laws 1993, chapter 172, section 34.
(b) The commissioner of natural resources shall amend any rules that do not conform with this section."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Bakk moved to amend S. F. No. 1288, the third unofficial engrossment, as amended, as follows:
Page 5, line 31, delete "(6)" and insert "(9)"
Page 5, line 32, after the period, insert "A deer license issued under section 97A.475, subdivision 2, clause (11), means the dollar amount in paragraphs (b) and (c) are tripled for deer management."
The motion prevailed and the amendment was adopted.
Bakk moved to amend S. F. No. 1288, the third unofficial engrossment, as amended, as follows:
Page 25, after line 23, insert:
"Sec. 37. Minnesota Statutes 1998, section 97C.355, is amended by adding a subdivision to read:
Subd. 1a. [FISH HOUSE RESTRICTIONS.] Where fish houses are left on the ice overnight, they must have an affixed reflector no less than two square inches on each side at least four feet above the surface of the ice."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Kahn moved to amend S. F. No. 1288, the third unofficial engrossment, as amended, as follows:
Page 26, after line 6, insert:
"Sec. 40. [SUNSET PROVISION.]
Sections 1 to 4 sunset on August 1, 2002."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Kahn amendment and the roll was called. There were 40 yeas and 89 nays as follows:
Those who voted in the affirmative were:
| Abrams | Folliard | Jaros | Lenczewski | Murphy | Skoglund | |
| Biernat | Gerlach | Jennings | Mares | Orfield | Swapinski | |
| Chaudhary | Gray | Johnson | Mariani | Pawlenty | Sykora | |
| Clark, K. | Greiling | Kahn | Marko | Paymar | Wagenius | |
| Dawkins | Hausman | Kelliher | McCollum | Seagren | Wejcman | |
| Dorn | Hilty | Koskinen | McGuire | Seifert, J. | ||
| Entenza | Huntley | Larsen, P. | Mullery | Seifert, M. | ||
Those who voted in the negative were:
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Skoglund moved to amend S. F. No. 1288, the third unofficial engrossment, as amended, as follows:
Page 6, after line 18, insert:
"Sec. 7. Minnesota Statutes 1998, section 97A.405, is amended by adding a subdivision to read:
Subd. 1a. [CERTIFICATION OF ELIGIBILITY TO POSSESS FIREARM.] (a) Every license to take game by firearm shall have the following statement printed on it: "I certify that I am not prohibited by my criminal record from possessing a firearm under state or federal law" and shall have a space next to it for the license applicant to sign or initial. No license to take game by firearm may be issued by the commissioner unless the applicant has signed or initialed this certification.
(b) The commissioner of natural resources shall perform random criminal background checks of licensees who have signed or initialed the certification described in paragraph (a) to determine whether the licensee's criminal record prohibits the licensee from possessing a firearm. The commissioner of public safety shall assist the commissioner of natural resources in performing these random checks."
Page 26, line 8, delete "5 to 8" and insert "5, 6, 8, 9"
Page 26, line 14, after the first period, insert "Section 7 is effective August 1, 2000, and applies to licenses issued on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Dehler moved to amend the Skoglund amendment to S. F. No. 1288, the third unofficial engrossment, as amended, as follows:
Page 1, line 9, delete "my" and insert "a"
The motion prevailed and the amendment to the amendment was adopted.
POINT OF ORDER
Knoblach raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Skoglund amendment, as amended, was not in order. The Speaker ruled the point of order not well taken and the Skoglund amendment, as amended, in order.
The question recurred on the Skoglund amendment, as amended, and the roll was called. There were 50 yeas and 81 nays as follows:
Those who voted in the affirmative were:
| Biernat | Gray | Kahn | Mahoney | Opatz | Stanek | |
| Broecker | Greiling | Kelliher | Mariani | Orfield | Swapinski | |
| Carlson | Hasskamp | Koskinen | Marko | Paymar | Trimble | |
| Chaudhary | Hausman | Larsen, P. | McCollum | Pelowski | Wagenius | |
| Clark, K. | Hilty | Larson, D. | McGuire | Pugh | Wejcman | |
| Dawkins | Huntley | Leighton | Milbert | Rest | ||
| Entenza | Jaros | Lenczewski | Mullery | Rhodes | ||
| Folliard | Jennings | Leppik | Murphy | Seifert, J. | ||
| Gleason | Johnson | Luther | Olson | Skoglund | ||
Those who voted in the negative were:
| Abeler | Dempsey | Holberg | Molnau | Schumacher | Van Dellen | |
| Abrams | Dorman | Holsten | Mulder | Seagren | Vandeveer | |
| Anderson, B. | Dorn | Howes | Ness | Seifert, M. | Wenzel | |
| Anderson, I. | Erhardt | Juhnke | Nornes | Skoe | Westerberg | |
| Bakk | Erickson | Kalis | Osskopp | Smith | Westfall | |
| Bishop | Finseth | Kielkucki | Otremba | Solberg | Westrom | |
| Boudreau | Fuller | Knoblach | Ozment | Stang | Wilkin | |
| Bradley | Gerlach | Krinkie | Paulsen | Storm | Winter | |
| Buesgens | Goodno | Kubly | Pawlenty | Swenson | Wolf | |
| Cassell | Gunther | Kuisle | Peterson | Sykora | Workman | |
| Clark, J. | Haake | Lieder | Reuter | Tingelstad | Spk. Sviggum | |
| Daggett | Haas | Lindner | Rifenberg | Tomassoni | ||
| Davids | Hackbarth | Mares | Rostberg | Tuma | ||
| Dehler | Harder | McElroy | Rukavina | Tunheim | ||
The motion did not prevail and the amendment, as amended, was not adopted.
Tomassoni moved to amend S. F. No. 1288, the third unofficial engrossment, as amended, as follows:
Page 26, after line 6, insert:
"Sec. 40. [DEER BAITING.]
Deer baiting is not prohibited."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
S. F. No. 1288, A bill for an act relating to natural resources; exempting trappers from blaze orange requirements; providing that for certain turkey license applicants qualifying land may be noncontiguous; increasing hunting and fishing license fees; appropriating money; amending Minnesota Statutes 1998, sections 97A.435, subdivision 4; 97A.475, subdivisions 2, 3, 6, 7, 8, 11, 12, 13, and 20; 97A.485, subdivision 12; and 97B.071.
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 100 yeas and 31 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Juhnke | Marko | Rest | Tingelstad | |
| Anderson, B. | Erickson | Kalis | Milbert | Reuter | Tomassoni | |
| Anderson, I. | Finseth | Kielkucki | Molnau | Rhodes | Trimble | |
| Bakk | Fuller | Knoblach | Mulder | Rifenberg | Tuma | |
| Bishop | Gerlach | Krinkie | Murphy | Rostberg | Tunheim | |
| Boudreau | Goodno | Kubly | Ness | Rukavina | Vandeveer | |
| Bradley | Gunther | Kuisle | Nornes | Schumacher | Wenzel | |
| Broecker | Haake | Larsen, P. | Olson | Seagren | Westerberg | |
| Buesgens | Haas | Larson, D. | Opatz | Seifert, M. | Westfall | |
| Carlson | Hackbarth | Leighton | Osskopp | Skoe | Westrom | |
| Cassell | Harder | Lenczewski | Otremba | Smith | Wilkin | |
| Clark, J. | Hasskamp | Leppik | Ozment | Solberg | Winter | |
| Daggett | Hilty | Lieder | Paulsen | Stanek | Wolf | |
| Davids | Holberg | Lindner | Pawlenty | Stang | Workman | |
| Dehler | Holsten | Luther | Pelowski | Storm | Spk. Sviggum | |
| Dempsey | Howes | Mahoney | Peterson | Swenson | ||
| Dorman | Jennings | Mares | Pugh | Sykora | ||
Those who voted in the negative were:
| Abrams | Erhardt | Huntley | Mariani | Paymar | Wejcman | |
| Biernat | Folliard | Jaros | McCollum | Seifert, J. | ||
| Chaudhary | Gleason | Johnson | McElroy | Skoglund | ||
| Clark, K. | Gray | Kahn | McGuire | Swapinski | ||
| Dawkins | Greiling | Kelliher | Mullery | Van Dellen | ||
| Entenza | Hausman | Koskinen | Orfield | Wagenius | ||
The bill was passed, as amended, and its title agreed to.
S. F. No. 3348 was reported to the House.
Knoblach moved to amend S. F. No. 3348 as follows:
Page 2, line 11, delete everything after the period
Page 2, delete lines 12 and 13
Page 2, line 14, delete everything before "Licensed"
The motion prevailed and the amendment was adopted.
S. F. No. 3348, A bill for an act relating to health; modifying requirements for potluck events sponsored by organizations; amending Minnesota Statutes 1998, section 157.22.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abeler | Dorn | Howes | Luther | Pawlenty | Swapinski | |
| Abrams | Entenza | Huntley | Mahoney | Paymar | Swenson | |
| Anderson, B. | Erhardt | Jaros | Mares | Pelowski | Sykora | |
| Anderson, I. | Erickson | Jennings | Mariani | Peterson | Tingelstad | |
| Bakk | Finseth | Johnson | Marko | Pugh | Tomassoni | |
| Biernat | Folliard | Juhnke | McCollum | Rest | Trimble | |
| Bishop | Fuller | Kahn | McElroy | Reuter | Tuma | |
| Boudreau | Gerlach | Kalis | McGuire | Rhodes | Tunheim | |
| Bradley | Gleason | Kelliher | Milbert | Rifenberg | Van Dellen | |
| Broecker | Goodno | Kielkucki | Molnau | Rostberg | Vandeveer | |
| Buesgens | Gray | Knoblach | Mulder | Rukavina | Wagenius | |
| Carlson | Greiling | Koskinen | Mullery | Schumacher | Wejcman | |
| Cassell | Gunther | Krinkie | Murphy | Seagren | Wenzel | |
| Chaudhary | Haake | Kubly | Ness | Seifert, J. | Westerberg | |
| Clark, J. | Haas | Kuisle | Nornes | Seifert, M. | Westfall | |
| Clark, K. | Hackbarth | Larsen, P. | Olson | Skoe | Westrom | |
| Daggett | Harder | Larson, D. | Opatz | Skoglund | Wilkin | |
| Davids | Hasskamp | Leighton | Orfield | Smith | Winter | |
| Dawkins | Hausman | Lenczewski | Osskopp | Solberg | Wolf | |
| Dehler | Hilty | Leppik | Otremba | Stanek | Workman | |
| Dempsey | Holberg | Lieder | Ozment | Stang | Spk. Sviggum | |
| Dorman | Holsten | Lindner | Paulsen | Storm | ||
The bill was passed, as amended, and its title agreed to.
Pawlenty moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.
Jennings moved that H. F. No. 3708 be returned to its author. The motion prevailed.
Anderson, B., moved that H. F. No. 4028 be returned to its author. The motion prevailed.
Rest moved that S. F. No. 2521 be recalled from the Committee on Taxes and together with H. F. No. 2673, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
Molnau moved that S. F. No. 2826 be recalled from the Committee on State Government Finance and be re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.
Entenza moved that S. F. No. 3016 be recalled from the Committee on Taxes and together with H. F. No. 3345, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
McElroy moved that S. F. No. 3768 be recalled from the Committee on Taxes and together with H. F. No. 4102, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
REPORT FROM THE CHAIR OF THE
COMMITTEE ON WAYS AND MEANS
March 31, 2000
Edward A. Burdick
Chief Clerk of the House of Representatives
The State of Minnesota
Dear Mr. Burdick:
House Rule 4.03 requires the Chair of the Committee on Ways and Means to certify to the House of Representatives that the Committee has reconciled any finance and revenue bills with the budget resolution and targets.
Please accept this letter as certification that H. F. No. 3516 and S. F. Nos. 884, 1288, 1495, 3036, 3234 and 3290 reconcile with the budget resolution and targets.
Sincerely,
Representative Dave Bishop
Chair, House Ways and Means Committee
There being no objection, the order of business reverted to Petitions and Communications.
The following communication was received:
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Sviggum:
I have vetoed and am returning Chapter Number 310, H. F. No. 2809, a bill relating to the Ah-Gwah-Ching Nursing Center.
I am vetoing this bill for two reasons. First, this bill seeks to clarify that the Ah-Gwah-Ching Center will continue operation in Walker, Minnesota as a provider of nursing care. This new language is unnecessary. According to Chapter 251.011, subdivision 3, "the Commissioner shall not decrease the number of nursing home beds nor close
Ah-Gwah-Ching Center without specific approval by the legislature." Second, this bill attempts to add additional admission criteria. This language is not necessary and will not change the current pattern of operation at this facility.
For these reasons, I am vetoing this bill.
Sincerely,
Jesse Ventura
Governor
MOTION TO OVERRIDE VETO
Howes moved that H. F. No. 2809, Chapter No. 310, be now reconsidered and repassed, the objections of the Governor notwithstanding, pursuant to Article IV, Section 23, of the Constitution of the State of Minnesota.
The question was taken on the Howes motion to reconsider and repass H. F. No. 2809, Chapter No. 310, the objections of the Governor notwithstanding, pursuant to Article IV, Section 23, of the Constitution of the State of Minnesota and the roll was called.
There were 125 yeas and 5 nays as follows:
Those who voted in the affirmative were:
| Abeler | Entenza | Howes | Lindner | Paymar | Swapinski | |
| Abrams | Erhardt | Huntley | Luther | Pelowski | Swenson | |
| Anderson, B. | Erickson | Jaros | Mahoney | Peterson | Sykora | |
| Anderson, I. | Finseth | Jennings | Mares | Pugh | Tingelstad | |
| Bakk | Folliard | Johnson | Mariani | Rest | Tomassoni | |
| Biernat | Fuller | Juhnke | Marko | Reuter | Trimble | |
| Bishop | Gerlach | Kahn | McCollum | Rhodes | Tuma | |
| Boudreau | Gleason | Kalis | McElroy | Rifenberg | Tunheim | |
| Bradley | Goodno | Kelliher | McGuire | Rostberg | Vandeveer | |
| Broecker | Gray | Kielkucki | Molnau | Rukavina | Wagenius | |
| Buesgens | Greiling | Knoblach | Mullery | Schumacher | Wejcman | |
| Carlson | Gunther | Koskinen | Murphy | Seagren | Wenzel | |
| Cassell | Haake | Krinkie | Ness | Seifert, J. | Westerberg | |
| Chaudhary | Haas | Kubly | Nornes | Seifert, M. | Westfall | |
| Clark, J. | Hackbarth | Kuisle | Olson | Skoe | Westrom | |
| Daggett | Harder | Larsen, P. | Opatz | Skoglund | Wilkin | |
| Davids | Hasskamp | Larson, D. | Orfield | Smith | Winter | |
| Dehler | Hausman | Leighton | Osskopp | Solberg | Wolf | |
| Dempsey | Hilty | Lenczewski | Otremba | Stanek | Workman | |
| Dorman | Holberg | Leppik | Paulsen | Stang | Spk. Sviggum | |
| Dorn | Holsten | Lieder | Pawlenty | Storm | ||
Those who voted in the negative were:
| Dawkins | Milbert | Mulder | Ozment | Van Dellen | |
Having received the constitutionally required two-thirds vote, the bill was reconsidered and repassed, the objections of the Governor notwithstanding.
ADJOURNMENT
Pawlenty moved that when the House adjourns today it adjourn until 10:00 a.m., Wednesday, April 5, 2000. The motion prevailed.
Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Wednesday, April 5, 2000.
Edward A. Burdick, Chief Clerk, House of Representatives