Saint Paul, Minnesota, Monday, March 11, 1996
On this day in 1871, the City of Brainerd was established. It
was formerly known as "The Crossing" because the Northern Pacific
Railroad crossed the Mississippi River there.
The House of Representatives convened at 9:00 a.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Pastor Cindy Bullock, St. Stephen's
Lutheran Church, West St. Paul, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Rice was excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Winter moved that further reading of the Journal be
suspended and that the Journal be approved as corrected by the
Chief Clerk. The motion prevailed.
Abrams Farrell Knight Ness Smith
Anderson, B. Finseth Knoblach Olson, E. Solberg
Anderson, R. Frerichs Koppendrayer Olson, M. Stanek
Bakk Garcia Kraus Onnen Sviggum
Bertram Girard Krinkie Opatz Swenson, D.
Bettermann Goodno Larsen Orenstein Swenson, H.
Bishop Greenfield Leighton Orfield Sykora
Boudreau Greiling Leppik Osskopp Tomassoni
Bradley Gunther Lieder Osthoff Tompkins
Broecker Haas Lindner Ostrom Trimble
Brown Hackbarth Long Otremba Tuma
Carlson, L. Harder Lourey Ozment Tunheim
Carlson, S. Hasskamp Luther Paulsen Van Dellen
Carruthers Hausman Lynch Pawlenty Van Engen
Clark Holsten Macklin Pellow Vickerman
Commers Huntley Mahon Pelowski Wagenius
Cooper Jaros Mares Perlt Warkentin
Daggett Jefferson Mariani Peterson Weaver
Dauner Jennings Marko Pugh Wejcman
Davids Johnson, A. McCollum Rest Wenzel
Dawkins Johnson, R. McElroy Rhodes Winter
Dehler Johnson, V. McGuire Rostberg Wolf
Delmont Kahn Milbert Rukavina Worke
Dempsey Kalis Molnau Sarna Workman
Dorn Kelley Mulder Schumacher Sp.Anderson,I
Entenza Kelso Munger Seagren
Erhardt Kinkel Murphy Skoglund
A quorum was present.
S. F. No. 840 and H. F. No. 667, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Long moved that the rules be so far suspended that S. F. No. 840 be substituted for H. F. No. 667 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2054 and H. F. No. 2930, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Farrell moved that the rules be so far suspended that S. F. No. 2054 be substituted for H. F. No. 2930 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2342 and H. F. No. 2587, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Schumacher moved that the rules be so far suspended that S. F. No. 2342 be substituted for H. F. No. 2587 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2499 and H. F. No. 2065, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Hackbarth moved that the rules be so far suspended that S. F. No. 2499 be substituted for H. F. No. 2065 and that the House File be indefinitely postponed. The motion prevailed.
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 2229, A bill for an act relating to public safety; providing for response to state emergencies; making technical and style changes; amending Minnesota Statutes 1994, sections 12.01; 12.02; 12.03; 12.04; 12.11; 12.13; 12.14; 12.21, as amended; 12.22; 12.221; 12.23; 12.24; 12.25; 12.26; 12.27; 12.28; 12.29; 12.301; 12.31; 12.32; 12.33; 12.34; 12.35; 12.36; 12.37; 12.42; 12.43; 12.44; 12.45; and 12.46; proposing coding for new law in Minnesota Statutes, chapter 12; repealing Minnesota Statutes 1994, sections 12.06; 12.07; and 12.08.
Reported the same back without recommendation.
The report was adopted.
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 2264, A bill for an act relating to parks and recreation; adding to and deleting from state parks.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means without further recommendation.
The report was adopted.
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 2704, A bill for an act relating to transportation; abolishing transportation regulation board and transferring duties and powers to commissioner of transportation; modifying laws governing motor carriers; clarifying definition of warehouse operator; making technical changes; appropriating money; amending Minnesota Statutes 1994, sections 168.013, subdivision 1e; 174.02, subdivision 5; 174.03, by adding a subdivision; 218.031, subdivisions 1, 2,
and 8; 218.041, subdivisions 2, 4, and 5; 221.011, subdivisions 7, 8, 9, 14, and by adding subdivisions; 221.021; 221.022; 221.025; 221.041; 221.051, subdivision 1, and by adding a subdivision; 221.061; 221.071, subdivision 2; 221.081; 221.111; 221.121, subdivisions 1 and 4; 221.122, subdivision 1; 221.124, subdivision 2; 221.141, subdivision 1; 221.151, subdivisions 1 and 2; 221.161, subdivision 1; 221.171, subdivision 1; 221.172, subdivisions 3 and 9; 221.185, subdivisions 1, 2, 4, 5a, and 9; 221.281; 221.291, subdivisions 4 and 5; and 231.01, subdivision 5; Minnesota Statutes 1995 Supplement, sections 15A.081, subdivision 1; 221.131, subdivision 3; and 221.132; proposing coding for new law in Minnesota Statutes, chapters 174; and 221; repealing Minnesota Statutes 1994, sections 174A.01; 174A.02; 174A.03; 174A.04; 174A.05; 174A.06; 218.011, subdivision 7; 218.021; 218.025; 218.031, subdivision 7; 218.041, subdivision 7; 221.011, subdivisions 2b, 10, 12, 24, 25, 28, 35, 36, 38, 39, 40, 41, and 46; 221.072; 221.101; 221.121, subdivisions 3, 5, 6, 6c, 6d, 6e, 6f, and 6g; 221.151, subdivision 3; 221.152; 221.153; 221.172, subdivisions 4, 5, 6, 7, and 8; 221.296; 221.54; and 221.55.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means without further recommendation.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 3012, A bill for an act relating to metropolitan government; modifying a certain levy limitation for the metropolitan council; allowing for distribution of funds from the tax base revitalization account to development authorities; authorizing the metropolitan council to issue bonds; requiring a transfer between certain accounts of the council; amending Minnesota Statutes 1994, section 473.167, subdivision 2a; Minnesota Statutes 1995 Supplement, sections 473.167, subdivisions 2 and 3; and 473.252; Laws 1989, chapter 279, section 7, subdivision 6; repealing Minnesota Statutes 1994, section 473.167, subdivision 5; Minnesota Statutes 1995 Supplement, section 473.167, subdivision 3a.
Reported the same back with the following amendments:
Page 9, line 17, delete "any" and insert "qualifying"
Page 9, line 19, delete "any" and insert "the" and after "proposed" insert "north-south runway"
Page 9, line 20, after the period, insert "For purposes of this subdivision, "qualifying real property" means all or part of (1) the met center property as identified in Minnesota Statutes, section 473.551, subdivision 12; or (2) property located in the tax increment financing district designated as tax increment financing district No. 1-G with boundaries consisting of a 31.9 acre parcel known as the Kelly property."
With the recommendation that when so amended the bill pass.
The report was adopted.
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
S. F. No. 368, A bill for an act relating to agriculture; clarifying the employment status of certain farm crisis assistance personnel; amending Minnesota Statutes 1994, section 17.03, subdivision 9.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
H. F. Nos. 2229 and 3012 were read for the second time.
S. F. Nos. 840, 2054, 2342, 2499 and 368 were read for the second time.
The following House File was introduced:
Solberg, for the Committee on Ways and Means, introduced:
H. F. No. 3271, A bill for an act relating to corrections; authorizing settlement of a lawsuit for age discrimination; transferring appropriations.
The bill was read for the first time and laid over one day.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1998, A bill for an act relating to trusts; regulating the investment and management of trust assets; providing standards; amending Minnesota Statutes 1994, sections 48.38, subdivision 6; 48.84; 317A.161, subdivision 24; 525.56, subdivision 4; and 529.06; proposing coding for new law in Minnesota Statutes, chapter 501B; repealing Minnesota Statutes 1994, sections 501B.10; and 501B.11.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2154, A bill for an act relating to manufactured homes; adding certain conditions for park owners to recover possession of land; amending Minnesota Statutes 1994, section 327C.09, subdivision 8.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2377, A bill for an act relating to state government; repealing obsolete laws; repealing Minnesota Statutes 1994, sections 1.17; 1.25; 1.331; 3.85, subdivision 7; 4.02; 4.45; 6.26; 10.05; 10.38; 15.07; 15.09; 15.14; 15.15; 15.793; 15A.083, subdivisions 2 and 3; 15A.15; 17.14, subdivision 2; 17.351, subdivision 2; 17.47, subdivision 5; 17.53, subdivisions 4 and 11; 17.693, subdivisions 3 and 7; 17.81, subdivision 6; 17.981; 17A.03, subdivision 4; 18.46, subdivision 14; 18.58; 18.77, subdivision 2; 18B.01, subdivision 16; 18B.065, subdivision 6; 18B.08, subdivision 5; 18C.105; 18C.531, subdivisions 6, 11, 19, 20, and 27; 19.50, subdivision 16; 19.64, subdivision 5; 21.72, subdivision 2; 21.81, subdivision 18; 24.135, subdivisions 6 and 7; 24.165; 25.33, subdivision 2; 25.44; 25.46; 27.01, subdivisions 1, 3,
6, and 9; 27.137, subdivisions 2, 3, 4, 6, and 8; 27.15; 29.21, subdivision 2; 30.01, subdivision 2; 31.51, subdivisions 10 and 12; 31.782, subdivision 2; 31.92, subdivision 1a; 31A.02, subdivision 3; 31A.30; 32.01, subdivisions 3 and 4; 32.077; 32.101; 32.201; 32.205; 32.207; 32.398, subdivision 2; 32.401, subdivision 4; 32.411, subdivision 6; 32.471, subdivision 2; 32.485; 32.531, subdivisions 2, 3, and 4; 35.01; 35.73; 42.02, subdivision 2; 42.06, subdivision 4; 42.09, subdivision 3; 43A.082; 43A.27, subdivision 6; 43A.317, subdivision 11; 43A.47; 47.202; 62D.12, subdivision 12; 84.024; 84.083, subdivision 2; 87.01; 89.013; 89.014; 90.005, subdivisions 1, 4, and 5; 115A.06, subdivision 4; 115A.08; 115A.09; 115A.14, subdivisions 1, 2, and 3; 115A.201; 115A.21; 115A.22; 115A.241; 115A.25; 115A.26; 115A.27; 115A.28, subdivision 1; 115A.29; 115A.291; 115A.97, subdivision 4; 116J.974; 116J.981; 116J.986; 118.02; 118.08; 119.04, subdivision 4; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; 136A.179; 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; 137.33; 137.34, subdivision 2; 141.33; 141.34; 148B.34; 152.151; 161.041; 161.086; 166.01; 166.02; 166.03; 166.05; 166.06; 166.07; 166.08; 166.09; 166.10; 169.72, subdivision 3; 175.001, subdivision 5; 175.002; 175.003; 175.004; 175.005; 175.006, subdivision 4; 175.34; 176.1011; 177.34; 186.01; 186.02; 186.03; 186.04; 186.05; 186.06; 186.07; 186.08; 190.10; 191.09; 193.145, subdivision 1; 196.06, subdivision 2; 196.10; 196.11; 196.14; 196.15; 197.971; 197.972; 197.973; 197.974; 197.975; 197.976; 197.977; 197.978; 197.979; 197.98; 197.981; 197.982; 197.983; 197.984; 197.985; 197.986; 198.002, subdivision 4; 202A.17; 216C.19, subdivisions 10, 11, and 12; 216C.21; 216C.22; 216C.23; 216C.24; 246.44; 246.45; 246.46; 251.011, subdivisions 1, 4, 4a, 7, and 8; 254.02; 256B.56; 256B.57; 256B.58; 256B.59; 256B.60; 256B.61; 256B.62; 256B.63; 256E.07, subdivision 1a; 256E.08, subdivision 9; 261.251; 275.064; 280.12; 280.13; 280.25; 280.26; 281.15; 281.26; 281.27; 295.01; 298.226; 298.244; 299D.01, subdivision 5; 299F.01, subdivision 3; 345.20, subdivision 6; 352B.265; 353.011; 367.411; 367.43; 373.013; 373.045; 374.03; 374.04; 374.06; 374.07; 374.22; 374.23; 375.24; 375.383; 375.435; 377.01; 377.03; 377.05; 383A.07, subdivisions 11, 21, 22, and 25; 383A.09; 383A.10; 383A.15; 383A.34; 383A.44; 383B.227; 383B.233; 383B.69; 383C.054; 383C.057; 383C.058; 383D.15; 383D.34; 383D.67; 386.375, subdivision 6; 388.19, subdivision 2; 390.26; 397.05; 397.06; 397.07; 397.08; 397.09; 397.10; 397.101; 397.102; 412.015, subdivision 1; 412.018, subdivision 2; 412.023, subdivision 4; 412.092; 441.01; 441.02; 441.03; 441.04; 441.05; 441.06; 441.07; 441.08; 441.09; 446A.10; 457.13; 458.1931; 458D.13; 465.681; 466.10; 466.12, subdivision 4; 471.74, subdivisions 1 and 3; 471.9975; 471.998; 471A.07; 473.204; 473.418; 473.608, subdivision 20; 473.855; 474.22; 475.75; 477A.011, subdivision 2; 477A.012, subdivisions 1, 3, 4, 7, and 8; 477A.013, subdivision 6; 477A.014, subdivision 1a; 487.12; 515B.1-110; 515B.1-111; 557.022; 611A.07, subdivision 2; 611A.23; 611A.42; 611A.44; 626.559, subdivision 4; 626.563, as amended; 626.855; and 641.111; Minnesota Statutes 1995 Supplement, sections 17A.091, subdivision 2; 115A.14, subdivision 4; 124B.01; 124B.03; 124B.20, subdivision 1; 135A.10, subdivision 1; 136A.043; 471.74, subdivision 2; 474.191; and 477A.012, subdivision 2.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 3162, A bill for an act relating to local government; permitting the city of Cohasset to own and operate a gas utility.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 3243, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 116G.151; 138.664, by adding a subdivision; 138.763, subdivision 1; 168.33, subdivision 2; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, sections 2, subdivision 2; and 5, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5.
The Senate has appointed as such committee:
Messrs. Kroening; Novak; Ms. Anderson; Mr. Dille, and Ms. Lesewski.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2580, A bill for an act relating to game and fish; modifying restrictions for nonresident fish houses; amending Minnesota Statutes 1994, section 97C.355, subdivision 6.
Patrick E. Flahaven, Secretary of the Senate
Wenzel moved that the House refuse to concur in the Senate amendments to H. F. No. 2580, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2420, A bill for an act relating to cities; authorizing the cities of Duluth, Proctor, Cloquet, Hermantown, Scanlon, and Thomson to establish a program to prevent the inflow and infiltration of storm water into each city's sanitary sewer system; authorizing each city to make loans and grants to property owners in connection with the program; providing for financing of the program.
Patrick E. Flahaven, Secretary of the Senate
Huntley moved that the House concur in the Senate amendments to H. F. No. 2420 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2420, A bill for an act relating to cities; authorizing cities to establish a program to prevent the inflow and infiltration of storm water into a city's sanitary sewer system; authorizing cities to make loans and grants to property owners in connection with the program; providing for financing of the program; proposing coding for new law in Minnesota Statutes, chapter 471.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 120 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kinkel Opatz Sviggum Anderson, R. Farrell Knoblach Orenstein Swenson, D. Bakk Finseth Kraus Orfield Swenson, H. Bertram Garcia Larsen Osskopp Sykora Bettermann Girard Leighton Osthoff Tomassoni Bishop Goodno Leppik Ostrom Trimble Boudreau Greenfield Lieder Otremba Tuma Bradley Greiling Lindner Ozment Tunheim Broecker Gunther Long Pawlenty Van Dellen Brown Haas Lourey Pellow Van Engen Carlson, L. Harder Luther Pelowski Vickerman Carlson, S. Hasskamp Macklin Perlt Wagenius Carruthers Hausman Mahon Peterson Warkentin Clark Holsten Mares Pugh Weaver Commers Huntley Mariani Rest Wejcman Cooper Jaros Marko Rhodes Wenzel Daggett Jefferson McCollum Rostberg Winter Dauner Jennings McGuire Rukavina Wolf Davids Johnson, A. Milbert Sarna Worke Dawkins Johnson, R. Mulder Schumacher Sp.Anderson,I Dehler Johnson, V. Munger Seagren Delmont Kahn Murphy Skoglund Dempsey Kalis Ness SmithThose who voted in the negative were:
JOURNAL OF THE HOUSE - 95th Day - Top of Page 8139
Dorn Kelley Olson, E. Solberg Entenza Kelso Onnen Stanek
Anderson, B. Krinkie Molnau Tompkins Hackbarth Lynch Olson, M. Workman Knight McElroy PaulsenThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2558, A bill for an act relating to professions; modifying provisions governing the practice of nursing; amending Minnesota Statutes 1994, section 148.231, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 148.
Patrick E. Flahaven, Secretary of the Senate
Cooper moved that the House concur in the Senate amendments to H. F. No. 2558 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2558, A bill for an act relating to professions; modifying provisions governing the practice of nursing; amending Minnesota Statutes 1994, section 148.231, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 148.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Olson, E. Solberg Anderson, B. Finseth Koppendrayer Olson, M. Stanek Anderson, R. Garcia Kraus Onnen Sviggum Bakk Girard Krinkie Opatz Swenson, D. Bertram Goodno Larsen Orenstein Swenson, H. Bettermann Greenfield Leighton Orfield Sykora Bishop Greiling Leppik Osskopp Tomassoni Boudreau Gunther Lieder Osthoff Tompkins Bradley Haas Lindner Ostrom Trimble Broecker Hackbarth Long Otremba Tuma Brown Harder Lourey Ozment Tunheim Carlson, L. Hasskamp Luther Paulsen Van Dellen Carlson, S. Hausman Lynch Pawlenty Van Engen Carruthers Holsten Macklin Pellow Vickerman Clark Huntley Mahon Pelowski Wagenius Commers Jaros Mares Perlt Warkentin Cooper Jefferson Mariani Peterson Weaver Daggett Jennings Marko Pugh Wejcman Dauner Johnson, A. McCollum Rest Wenzel Davids Johnson, R. McElroy Rhodes Winter Dawkins Johnson, V. McGuire Rostberg Wolf Dehler Kahn Milbert Rukavina Worke Delmont Kalis Molnau Sarna Workman Dempsey Kelley Mulder Schumacher Sp.Anderson,I Dorn Kelso Munger Seagren Entenza Kinkel Murphy Skoglund Erhardt Knight Ness SmithThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2846, A bill for an act relating to tax-forfeited lands; authorizing the conveyance of certain tax-forfeited land in Faribault county; authorizing public sale of certain tax-forfeited land that borders public water in Hubbard county.
Patrick E. Flahaven, Secretary of the Senate
Kalis moved that the House concur in the Senate amendments to H. F. No. 2846 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2846, A bill for an act relating to state funds; authorizing the sale of certain tax-forfeited lands in Aitkin, Anoka, Crow Wing, Faribault, Hubbard, St. Louis, and Wadena counties; requiring the conveyance of certain state land to the city of Hastings; authorizing the sale of certain trust lands in Crow Wing county.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abrams Erhardt Knight Ness Skoglund Anderson, B. Farrell Knoblach Olson, E. Smith Anderson, R. Finseth Koppendrayer Olson, M. Solberg Bakk Garcia Kraus Onnen Stanek Bertram Girard Krinkie Opatz Sviggum Bettermann Goodno Larsen Orenstein Swenson, D. Bishop Greenfield Leighton Orfield Swenson, H. Boudreau Greiling Leppik Osskopp Sykora Bradley Gunther Lieder Osthoff Tomassoni Broecker Haas Lindner Ostrom Tompkins Brown Hackbarth Long Otremba Tuma Carlson, L. Harder Lourey Ozment Tunheim Carlson, S. Hasskamp Luther Paulsen Van Dellen Carruthers Holsten Lynch Pawlenty Van Engen Clark Huntley Macklin Pellow Vickerman Commers Jaros Mahon Pelowski Wagenius Cooper Jefferson Mares Perlt Warkentin Daggett Jennings Mariani Peterson Weaver Dauner Johnson, A. Marko Pugh Wejcman Davids Johnson, R. McCollum Rest Wenzel Dawkins Johnson, V. McElroy Rhodes Winter Dehler Kahn McGuire Rostberg Wolf Delmont Kalis Milbert Rukavina Worke Dempsey Kelley Molnau Sarna Workman Dorn Kelso Mulder Schumacher Sp.Anderson,I Entenza Kinkel Murphy SeagrenThose who voted in the negative were:
TrimbleThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2285, A bill for an act relating to the metropolitan airports commission; clarifying and extending noise mitigation spending requirements; requiring a report; amending Minnesota Statutes 1994, section 473.661, subdivision 4.
Patrick E. Flahaven, Secretary of the Senate
Garcia moved that the House concur in the Senate amendments to H. F. No. 2285 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2285, A bill for an act relating to the metropolitan airports commission; clarifying and extending noise mitigation spending requirements; requiring a report; amending Minnesota Statutes 1994, section 473.661, subdivision 4.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Solberg Anderson, B. Frerichs Koppendrayer Olson, M. Stanek Anderson, R. Garcia Kraus Onnen Sviggum Bakk Girard Krinkie Opatz Swenson, D. Bertram Goodno Larsen Orenstein Swenson, H. Bettermann Greenfield Leighton Orfield Sykora Bishop Greiling Leppik Osskopp Tomassoni Boudreau Gunther Lieder Osthoff Tompkins Bradley Haas Lindner Ostrom Trimble Broecker Hackbarth Long Otremba Tuma Brown Harder Lourey Ozment Tunheim Carlson, L. Hasskamp Luther Paulsen Van Dellen Carlson, S. Hausman Lynch Pawlenty Van Engen Carruthers Holsten Macklin Pellow Vickerman Clark Huntley Mahon Pelowski Wagenius Commers Jaros Mares Perlt Warkentin Cooper Jefferson Mariani Peterson Weaver Daggett Jennings Marko Pugh Wejcman Dauner Johnson, A. McCollum Rest Wenzel Davids Johnson, R. McElroy Rhodes Winter Dawkins Johnson, V. McGuire Rostberg Wolf Dehler Kahn Milbert Rukavina Worke Delmont Kalis Molnau Sarna Workman Dempsey Kelley Mulder Schumacher Sp.Anderson,I Dorn Kelso Munger Seagren Entenza Kinkel Murphy Skoglund Erhardt Knight Ness SmithThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2322, A bill for an act relating to motor carriers; authorizing the transportation regulation board to issue charter carrier permits for operation within the city of St. Paul; amending Minnesota Statutes 1994, section 221.121, by adding a subdivision.
Patrick E. Flahaven, Secretary of the Senate
Mariani moved that the House concur in the Senate amendments to H. F. No. 2322 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2322, A bill for an act relating to motor carriers; authorizing the transportation regulation board to issue charter carrier permits for operation within Saint Paul; amending Minnesota Statutes 1994, section 221.121, by adding a subdivision.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 98 yeas and 32 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Frerichs Kinkel Olson, E. Skoglund Bakk Garcia Koppendrayer Opatz Solberg Bertram Goodno Kraus Orenstein Stanek Bishop Greenfield Leighton Orfield Sviggum Bradley Greiling Lieder Osthoff Swenson, D. Brown Gunther Long Ostrom Swenson, H. Carlson, L. Harder Lourey Otremba Tomassoni Carlson, S. Hasskamp Luther Ozment Tompkins Carruthers Hausman Lynch Paulsen Trimble Clark Huntley Mahon Pellow Tunheim Cooper Jaros Mares Perlt Wagenius Dauner Jefferson Mariani Peterson Weaver Dawkins Jennings Marko Pugh Wejcman Dehler Johnson, A. McCollum Rest Wenzel Delmont Johnson, R. McElroy Rhodes Winter Dempsey Johnson, V. McGuire Rostberg Wolf Dorn Kahn Milbert Rukavina Worke Entenza Kalis Mulder Sarna Sp.Anderson,I Farrell Kelley Munger Schumacher Finseth Kelso Murphy SeagrenThose who voted in the negative were:
Abrams Davids Knoblach Olson, M. Van Engen Anderson, B. Erhardt Krinkie Onnen Vickerman Bettermann Girard Larsen Pawlenty Warkentin Boudreau Haas Leppik Smith Workman Broecker Hackbarth Lindner Sykora Commers Holsten Macklin Tuma Daggett Knight Molnau Van DellenThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2509, A bill for an act relating to public nuisance; clarifying definition of acts constituting a nuisance; amending Minnesota Statutes 1995 Supplement, section 617.81, subdivision 2.
Patrick E. Flahaven, Secretary of the Senate
Wagenius moved that the House concur in the Senate amendments to H. F. No. 2509 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2509, A bill for an act relating to public nuisance; clarifying definition of acts constituting a nuisance; amending Minnesota Statutes 1995 Supplement, section 617.81, subdivision 2.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knight Ness Smith Anderson, B. Finseth Knoblach Olson, E. Solberg Anderson, R. Frerichs Koppendrayer Olson, M. Stanek Bakk Garcia Kraus Onnen Sviggum Bertram Girard Krinkie Opatz Swenson, D. Bettermann Goodno Larsen Orenstein Swenson, H. Bishop Greenfield Leighton Orfield Sykora Boudreau Greiling Leppik Osskopp Tomassoni Bradley Gunther Lieder Osthoff Tompkins Broecker Haas Lindner Ostrom Trimble Brown Hackbarth Long Otremba Tuma Carlson, L. Harder Lourey Ozment Tunheim Carlson, S. Hasskamp Luther Paulsen Van Dellen Carruthers Hausman Lynch Pawlenty Van Engen Clark Holsten Macklin Pellow Vickerman Commers Huntley Mahon Pelowski Wagenius Cooper Jaros Mares Perlt Warkentin Daggett Jefferson Mariani Peterson Weaver Dauner Jennings Marko Pugh Wejcman Davids Johnson, A. McCollum Rest Wenzel Dawkins Johnson, R. McElroy Rhodes WinterThe bill was repassed, as amended by the Senate, and its title agreed to.
JOURNAL OF THE HOUSE - 95th Day - Top of Page 8143
Dehler Johnson, V. McGuire Rostberg Wolf Delmont Kahn Milbert Rukavina Worke Dempsey Kalis Molnau Sarna Workman Dorn Kelley Mulder Schumacher Sp.Anderson,I Entenza Kelso Munger Seagren Erhardt Kinkel Murphy Skoglund
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2788, A bill for an act relating to liquor; modifying restrictions for temporary on-sale licenses; amending Minnesota Statutes 1995 Supplement, sections 340A.404, subdivision 10; and 340A.410, subdivision 10.
Patrick E. Flahaven, Secretary of the Senate
Frerichs moved that the House concur in the Senate amendments to H. F. No. 2788 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2788, A bill for an act relating to liquor; modifying restrictions for temporary on-sale licenses; amending Minnesota Statutes 1995 Supplement, section 340A.410, subdivision 10.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knight Murphy Smith Anderson, B. Finseth Knoblach Ness Solberg Bakk Frerichs Koppendrayer Olson, E. Stanek Bertram Garcia Kraus Olson, M. Sviggum Bettermann Girard Krinkie Opatz Swenson, D. Bishop Goodno Larsen Orenstein Swenson, H. Boudreau Greenfield Leighton Orfield Sykora Bradley Greiling Leppik Osskopp Tomassoni Broecker Gunther Lieder Osthoff Tompkins Brown Haas Lindner Ostrom Trimble Carlson, L. Hackbarth Long Otremba Tuma Carlson, S. Harder Lourey Ozment Tunheim Carruthers Hasskamp Luther Paulsen Van Dellen Clark Hausman Lynch Pawlenty Van Engen Commers Holsten Macklin Pellow Vickerman Cooper Huntley Mahon Pelowski Wagenius Daggett Jaros Mares Perlt Warkentin Dauner Jefferson Mariani Peterson Weaver Davids Jennings Marko Pugh Wejcman Dawkins Johnson, A. McCollum Rest WenzelThose who voted in the negative were:
JOURNAL OF THE HOUSE - 95th Day - Top of Page 8144
Dehler Johnson, R. McElroy Rhodes Winter Delmont Johnson, V. McGuire Rostberg Wolf Dempsey Kahn Milbert Rukavina Worke Dorn Kalis Molnau Sarna Workman Entenza Kelley Mulder Schumacher Sp.Anderson,I Erhardt Kinkel Munger Seagren
Anderson, R. Onnen SkoglundThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2167, A bill for an act relating to the organization and operation of state government; appropriating money and modifying provisions relating to the environment, natural resources, and agriculture; supplementing, reducing, and modifying earlier appropriations; establishing a board; establishing an off-highway vehicle recreation area; authorizing and modifying state trails; providing for reports and fees; amending Minnesota Statutes 1994, sections 17.117, subdivision 3; 17B.15, subdivision 1; 18E.02, subdivision 5; 85.015, by adding a subdivision; 85.052, subdivision 3; 85.054, by adding a subdivision; 85.055, subdivision 1; 94.16, subdivision 3; and 97A.028, subdivision 3; Minnesota Statutes 1995 Supplement, sections 85.015, subdivision 7; 103F.725, subdivision 1a; and 446A.07, subdivision 8; Laws 1995, chapters 207, article 1, section 2, subdivision 7; 220, section 19, subdivisions 4, 6, 10, and 19; and 254, article 1, section 93; proposing coding for new law in Minnesota Statutes, chapters 17 and 21; repealing Laws 1995, chapter 224, section 18, subdivision 4.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Morse; Merriam; Price; Ms. Johnson, J. B., and Mr. Laidig.
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
Brown moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 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. 2167. 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. 1872, A bill for an act relating to peace officer training; requiring peace officers to undergo training in community policing techniques; proposing coding for new law in Minnesota Statutes, chapter 626.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Ms. Berglin; Messrs. Kelly and Limmer.
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
Wejcman 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. 1872. 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. 2856, A bill for an act relating to criminal justice; appropriating money for the judicial branch, public safety, corrections, criminal justice, crime prevention programs, and other related purposes; providing for community notification of the release of certain sex offenders, expanding the sex offender registration act; reconciling various provisions on criminal history background checks; implementing, clarifying, and modifying certain criminal and juvenile provisions; prohibiting the possession or use of tobacco by inmates of state correctional facilities; implementing, clarifying, and modifying certain penalty provisions; establishing and expanding pilot programs, grant programs, task forces, committees, and studies; providing for the retention of consultants; amending Minnesota Statutes 1994, sections 8.01; 15.86, by adding a subdivision; 84.91, by adding a subdivision; 86B.331, by adding a subdivision; 144A.46, subdivision 5; 168.041, subdivision 6; 168.042, subdivisions 8, 12, and by adding a subdivision; 169.121, subdivisions 2, 3, and 4; 169.123, subdivision 4; 171.17, subdivision 1; 171.29, subdivision 1; 171.30, subdivisions 1 and 2a; 181.9412; 244.17, subdivision 2, and by adding a subdivision; 244.172, subdivision 2; 268.30, subdivision 2; 299A.35, as amended; 609.115, by adding a subdivision; 609.52, subdivision 2; 611.271; 611A.25, subdivision 3; and 611A.361, subdivision 3; Minnesota Statutes 1995 Supplement, sections 16B.181; 144.057, subdivisions 1, 3, and 4; 171.29, subdivision 2; 243.166, subdivisions 1 and 7; 245A.04, subdivision 3; 299A.326, subdivision 1; 299C.67, subdivision 5; 299C.68, subdivisions 2, 5, and 6; and 609.2325, subdivision 3; Laws 1995, chapter 229, article 3, section 17; proposing coding for new law in Minnesota Statutes, chapters 15; 168; 168A; 243; 244; 299A; and 609.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Beckman; Spear; Ms. Ranum and Messrs. Kelly and Neuville.
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
Murphy moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 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. 2856. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2517 and 2571.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 2517, A bill for an act relating to education; changing candidate advisory council membership; changing council on vocational technical education membership; amending Minnesota Statutes 1994, section 137.0245, subdivision 2; and Minnesota Statutes 1995 Supplement, sections 136F.03, subdivision 2; and 136F.56, subdivisions 1, 2, 6, 7, and by adding a subdivision.
The bill was read for the first time.
Kinkel moved that S. F. No. 2517 and H. F. No. 2829, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2571, A bill for an act relating to drivers' licenses; allowing owners of residences to identify who may use the residence address on a driver's license; proposing coding for new law in Minnesota Statutes, chapter 171.
The bill was read for the first time.
Carlson, L., moved that S. F. No. 2571 and H. F. No. 2780, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
The following Conference Committee Report was received:
A bill for an act relating to insurance; health; regulating childbirth and postpartum care benefits; proposing coding for new law in Minnesota Statutes, chapter 62A.
March 6, 1996
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 2008, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2008 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [62A.0411] [MATERNITY CARE.]
Every health plan as defined in section 62Q.01, subdivision 3, that provides maternity benefits must, consistent with other coinsurance, copayment, deductible, and related contract terms, provide coverage of a minimum of 48 hours of inpatient care following a vaginal delivery and a minimum of 96 hours of inpatient care following a caesarean section for a mother and her newborn. The health plan shall not provide any compensation or other nonmedical remuneration to encourage a mother and newborn to leave inpatient care before the duration minimums specified in this section.
The health plan must also provide coverage for postdelivery care to a mother and her newborn if the duration of inpatient care is less than the minimums provided in this section.
Postdelivery care consists of a minimum of one home visit by a registered nurse. Services provided by the registered nurse include, but are not limited to, parent education, assistance and training in breast and bottle feeding, and conducting any necessary and appropriate clinical tests. The home visit must be conducted within four days following the discharge of the mother and her child.
Sec. 2. [EFFECTIVE DATE; APPLICATION.]
Section 1 is effective the day following final enactment and applies to health plans issued or renewed to provide coverage to a Minnesota resident on or after that date."
Delete the title and insert:
"A bill for an act relating to insurance; health; regulating childbirth and postpartum care benefits; proposing coding for new law in Minnesota Statutes, chapter 62A."
We request adoption of this report and repassage of the bill.
House Conferees: Joe Opatz, Betty McColllum and Gregory M. Davids.
Senate Conferees: Don Betzold, Deanna Wiener and Warren Limmer.
Opatz moved that the report of the Conference Committee on H. F. No. 2008 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2008, A bill for an act relating to insurance; health; regulating childbirth and postpartum care benefits; proposing coding for new law in Minnesota Statutes, chapter 62A.
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 114 yeas and 18 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kelley Munger Schumacher Anderson, R. Farrell Kelso Murphy Seagren Bakk Finseth Kinkel Ness Skoglund Bertram Garcia Knight Olson, E. Smith Bettermann Girard Knoblach Opatz Solberg Boudreau Goodno Krinkie Orenstein Stanek Broecker Greenfield Larsen Orfield Swenson, D. Brown Greiling Leighton Osskopp Swenson, H. Carlson, L. Gunther Leppik Osthoff Tomassoni Carlson, S. Haas Lieder Ostrom Trimble Carruthers Hackbarth Long Otremba Tuma Clark Hasskamp Lourey Ozment Tunheim Commers Hausman Luther Pawlenty Wagenius Cooper Holsten Lynch Pellow Warkentin Daggett Huntley Macklin Pelowski Weaver Dauner Jaros Mahon Perlt Wejcman Davids Jefferson Mares Peterson Wenzel Dawkins Jennings Mariani Pugh Winter Dehler Johnson, A. Marko Rest Wolf Delmont Johnson, R. McCollum Rhodes Worke Dempsey Johnson, V. McElroy Rostberg Workman Dorn Kahn McGuire Rukavina Sp.Anderson,I Entenza Kalis Milbert SarnaThose who voted in the negative were:
Anderson, B. Harder Molnau Paulsen Van Engen Bishop Koppendrayer Mulder Sviggum Vickerman Bradley Kraus Olson, M. Sykora Frerichs Lindner Onnen Van DellenThe bill was repassed, as amended by Conference, and its title agreed to.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2580:
Wenzel, Sarna and Pellow.
S. F. No. 2418 was reported to the House.
Rest moved to amend S. F. No. 2418 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 3.97, subdivision 4, is amended to read:
Subd. 4. The legislative auditor is the executive secretary of the commission. The legislative auditor shall be appointed by the commission for a six-year term and serve in the unclassified service. Before making an appointment, the commission shall establish procedures for the appointment process. The procedures must include, but need not
be limited to, provisions defining how and when public notices will be given, how and when applications will be received and reviewed, and how and when the appointment will be made. The legislative auditor shall not at any time while in office hold any other public office. The legislative auditor shall not be removed from office before the expiration of the term of service except for cause after public hearing.
Sec. 2. Minnesota Statutes 1994, section 3.97, subdivision 5, is amended to read:
Subd. 5. The legislative auditor shall establish a financial
audits division and a program evaluation division to fulfill the
duties prescribed in this section. Each division shall be
supervised by a deputy auditor, appointed by the legislative
auditor, with the approval of the commission, for a term
coterminous with the legislative auditor's term. With the
prior approval of the commission, the legislative auditor may
remove deputy auditors may be removed before the
expiration of their terms only for cause. The legislative
auditor and deputy auditors may each appoint a confidential
secretary to serve at pleasure. The commission shall fix the
salaries of the deputy auditors and confidential secretaries.
The deputy auditors may perform and exercise the powers, duties
and responsibilities imposed by law on the legislative auditor
when authorized by the legislative auditor. The deputy auditors
and the confidential secretaries serve in the unclassified civil
service, but all other employees of the legislative auditor are
in the classified civil service. While in office, an
individual appointed deputy for the financial audit division
shall hold an active license as a certified public
accountant.
Sec. 3. Minnesota Statutes 1994, section 3.97, subdivision 9, is amended to read:
Subd. 9. The legislative auditor is subject to the government data practices act, chapter 13, and shall protect from unlawful disclosure data classified by law as not public. If data provided by the legislative auditor to the commission is disseminated by the commission or its members or agents in violation of section 13.05, subdivision 4, the commission is subject to liability under section 13.08, subdivisions 1 and 3.
Sec. 4. Minnesota Statutes 1994, section 3.97, subdivision 11, is amended to read:
Subd. 11. "Audit" as used in this subdivision means a
financial audit, a program evaluation, a best practices review,
or an investigation. Data relating to an audit are not public or
with respect to data on individuals are confidential until the
final report of the audit has been published released
by the legislative auditor or the audit is no longer being
actively pursued. Upon release of a final report by the
legislative auditor, data relating to an audit are public, except
data otherwise classified by law as not public. Data that
support the conclusions of the report and relating to an
audit that the legislative auditor reasonably believes will
result be used in litigation are not public and
with respect to data on individuals are confidential until the
litigation has been completed or is no longer being actively
pursued. Data on individuals that could reasonably be used to
determine the identity of an individual supplying data
that was not government data before it was supplied to the
legislative auditor for an audit are private or
nonpublic if the data supplied by the individual were
needed for an audit and the individual they would
not have been provided the data to the legislative
auditor without an assurance that the individual's
identity data would remain private or
nonpublic, or the legislative auditor reasonably believes
that the subject would not have person provided the
data expecting they would remain private or nonpublic. If,
before releasing an audit report, the legislative auditor
provides an individual with data relating to the audit for the
purpose of review and verification of the data, the individual
must protect the data from unlawful disclosure and be subject to
the penalties and liabilities provided in sections 13.08 and
13.09. The definitions of terms provided in section 13.02
apply for purposes of this subdivision.
Sec. 5. Minnesota Statutes 1994, section 3.971, is amended to read:
3.971 [POWERS AND DUTIES OF LEGISLATIVE AUDITOR.]
Subdivision 1. To perform financial audits The
legislative auditor shall postaudit and make a complete
examination and verification of all accounts, records,
inventories, vouchers, receipts, funds, securities, and other
assets of annually audit the financial statements required
by section 16A.50 and, as resources permit, shall also audit
the University of Minnesota, the Minnesota state colleges and
universities, all state departments, boards, commissions,
courts, and other state agencies at least once a year,
if money and personnel permit, and oftener if deemed necessary or
as directed by the legislature or the legislative audit
commission. The legislative auditor shall also audit the
state agricultural society, Minnesota Technology, Inc., the
agricultural utilization research institute, the Minnesota
historical society, the labor interpretive center, the Minnesota
state armory building commission, the metropolitan sports
facilities commission, the metropolitan airports commission, and
the metropolitan mosquito control commission. The legislative
auditor may also audit the financial records of any corporation,
firm, or organization that are related to the receipt, custody,
or disbursement of public funds subject to audit by the
legislative auditor. Financial audits shall be
conducted according to generally accepted government auditing
standards and may include detailed checking of every
transaction or test checking as the legislative auditor deems
best. The books of the state treasurer and commissioner of
finance may be examined monthly at any time.
Subd. 1a. The legislative auditor shall see that
all determine whether provisions of law respecting the
appropriate and economic use of public funds are complied with by
all departments and agencies of the state government and by
any other organization subject to audit by the legislative
auditor.
A copy of all postaudits, reports, and results of
examinations made by the legislative auditor shall be deposited
with the legislative reference library.
Subd. 1b. When the legislative auditor receives information indicating that money, property, or other resources of a public entity subject to audit by the legislative auditor may not have been used in compliance with the law or that a violation of section 43A.39, subdivision 2, may have occurred, the legislative auditor shall review the information and determine whether an investigation by the legislative auditor is needed. If the information being reviewed under this subdivision was provided to the legislative auditor by a complainant and the complainant's identity is known by the legislative auditor, the legislative auditor shall report in writing to the complainant the decision, and the basis for the decision, on whether the legislative auditor will conduct an investigation. If the legislative auditor conducts an investigation, the written report must be filed according to section 3.974. If the legislative auditor receives information relating to the misuse of money, property, or other resources of a public entity subject to audit by the state auditor, the legislative auditor shall refer the information to the state auditor, who shall review the information and determine whether an investigation by the state auditor is needed.
Subd. 1c. If the head of an agency reports to the legislative auditor evidence of possible misconduct within the agency and requests an audit or investigation and the legislative auditor decides not to conduct an audit or investigation, the legislative auditor shall inform the legislative audit commission of the decision.
Subd. 2. To perform program evaluation, The legislative
auditor shall conduct program evaluations to determine the
degree to which the activities and programs entered into or
funded by the state are accomplishing their goals and objectives,
including a critical analysis of goals and objectives,
measurement of program results and effectiveness, alternative
means of achieving the same results, and efficiency in the
allocation of resources. The legislative auditor shall recommend
ways to reduce the cost of providing state services and to
eliminate services of one agency that overlap with or duplicate
the services performed by another agency. At the direction of
the commission the legislative auditor may perform program
evaluations of any state department, board, commission, or
agency and, or any other organization in the executive
or judicial branches of state government; the University of
Minnesota; any metropolitan agency, board, or commission
created under chapter 473; or any program or activity funded
in whole or part by the state.
Subd. 3. The legislative auditor, on a biennial schedule, shall review agency performance reports to review and comment on the appropriateness, validity, and reliability of the outcome measures and data collection efforts. The legislative auditor shall report the findings to agencies, the governor, the speaker of the house of representatives, and the president of the senate.
Subd. 4. (a) To perform best practices reviews, the legislative auditor through the program evaluation division shall examine the procedures and practices used to deliver local government services, including municipalities and counties, determine the methods of local government service delivery, identify variations in cost and effectiveness, and identify practices to save money or provide more effective service delivery. The legislative auditor shall recommend to local governments, service delivery methods and practices to improve the cost-effectiveness of services. The legislative auditor and the board of government innovation and cooperation shall notify each other of projects being conducted relating to improving local government services.
(b) The commission shall identify local government services to be reviewed with advice from an advisory council whose membership shall consist of:
(1) three representatives from the Association of Minnesota Counties;
(2) three representatives from the League of Minnesota Cities;
and
(3) two representatives from the Association of Metropolitan Municipalities; and
(4) three representatives from the Minnesota Association of Townships.
(c) This subdivision expires June 30, 1999.
Sec. 6. Minnesota Statutes 1994, section 3.972, is amended to read:
3.972 [AGENCIES; AUDITS; DEFINITIONS AUDIT
CONTRACTS.]
Subdivision 1. [PUBLIC ACCOUNTANT.] For the purposes of
this section, "public accountant" means a certified public
accountant, certified public accounting firm, or a licensed
public accountant licensed by the board of accountancy under
sections 326.17 to 326.229.
Subd. 2. [AUDITS OF STATE AND SEMISTATE AGENCIES.] To
ensure accountability of public money, the legislative
auditor shall make a constant audit of all financial affairs
of all departments and agencies of the state, and of the
financial records and transactions of public boards,
associations, and societies supported, wholly or in part, by
state funds. Once in each year, if funds and personnel permit,
without previous notice, the legislative auditor shall visit each
state department and agency, association or society and, so far
as practicable, may, for any department, agency, board,
commission, court, or other organization being audited:
(1) inspect the premises;
(2) thoroughly examine its books and financial
records for all accounts, verifying the funds,
securities, and other assets, and for all liabilities
and debt;
(3) check the items of receipts and disbursements with its
voucher records supporting documentation for all revenue
collections and expenditures;
(4) ascertain the character of the official bonds for its
officers and the financial ability of the bonding
institution;
(5) inspect its sources of revenue and the use
and their disposition of state appropriations and
property;
(6) (5) investigate the methods of
purchase and sale and the character of contracts on public
account;
(7) (6) ascertain proper custody and depository
for its funds and securities;
(8) (7) verify the inventory of public property
and other assets held in trust; and
(9) (8) ascertain that all financial transactions
and operations involving the public funds and property
of the state comply with the spirit and purpose of the
law applicable laws, are sound by modern
adhere to appropriate and reasonable standards of
financial management and are for the best protection of the
public interest;
(9) examine the financial records of an organization or individual authorized to raise money or collect a tax, fee, or other revenue for the department, agency, board, commission, court, or other organization being audited; and
(10) examine the financial records of any business or individual paid with public money to provide goods or services to the department, agency, board, commission, court, or other organization being audited.
Subd. 3. [AUDIT CONTRACTS.] For the purposes of this
subdivision, "public accountant" means a certified public
accountant, a certified public accounting firm, or a licensed
public accountant licensed by the board of accountancy under
sections 326.17 to 326.229. Notwithstanding any other law,
a state department, board, commission, or other state
agency an organization or individual in the executive
branch of state government shall not negotiate a contract
with a public accountant for an audit, except a contract
negotiated by the state auditor for an audit of a local
government, unless the contract has been reviewed by
submitted to the legislative auditor for review at
least ten working days before the contract's effective date.
The legislative auditor shall not participate in the selection of
the public accountant but shall may review and
submit written comments on the proposed contract within seven
days of its receipt. Upon completion of the audit, the
legislative auditor shall be given a copy of the final report.
Sec. 7. Minnesota Statutes 1994, section 3.974, is amended to read:
3.974 [TO FILE WRITTEN REPORTS.]
For each audit done, evaluation, or review
completed, the legislative auditor shall file a written
report with the department, agency, society, or association
concerned, and organization or individual that was
audited, evaluated, or reviewed, the legislative audit
commission for its consideration and action, and the
legislative reference library.
Each audit report shall set forth:
(1) whether all funds have been expended for the purposes
authorized in their appropriation;
(2) whether all receipts have been accounted for and paid
into the state treasury as required by law;
(3) all illegal and unbusinesslike practices, if any;
(4) an assessment of the financial control practices used in
the agency, a measurement of performance, and recommendations for
improved effectiveness; and
(5) other data, information, and recommendations as the
legislative auditor may deem advisable and necessary.
Sec. 8. Minnesota Statutes 1994, section 3.975, is amended to read:
3.975 [DUTIES WHEN VIOLATIONS ARE DISCOVERED.]
If a legislative auditor's examination discloses malfeasance,
misfeasance, or nonfeasance in office on the part of an
a public officer or employee or indicates that any
individual or business may have committed an illegal act,
a copy of the report shall be signed and verified, and it
shall be the duty of the legislative auditor to file the
report with it to the legislative audit commission
and, the attorney general, and the appropriate
county attorney. It shall be the duty of The attorney
general to institute and prosecute civil proceedings against
the delinquent officer or employee, or upon the officer's or
employee's official bond, or both, as appropriate to secure to
the state the shall obtain recovery of funds or other
assets misappropriated through civil proceeding, if
necessary. The attorney general shall cause county
attorney shall bring criminal proceedings to be instituted
by the proper authorities as the evidence may warrant.
Sec. 9. Minnesota Statutes 1994, section 3.978, is amended to read:
3.978 [LEGISLATIVE AUDITOR; SUBPOENA POWERS; PENALTIES.]
Subdivision 1. In all matters relating to official duties, the legislative auditor has the powers possessed by courts of law to issue and have subpoenas served.
Subd. 2. All public officials and their deputies and employees, and all corporations, firms, and individuals having business involving the receipt, disbursement, or custody of public funds shall at all times afford reasonable facilities for examinations by the legislative auditor, make returns and reports required by the legislative auditor, attend and answer under oath the legislative auditor's lawful inquiries, produce and exhibit all books, accounts, documents, and property that the legislative auditor may desire to inspect, and in all things aid the legislative auditor in the performance of duties. If a person refuses or neglects to obey any lawful direction of the legislative auditor, a deputy or assistant, or withholds any information, book, record, paper or other document called for by the legislative auditor for the purpose of examination, after having been lawfully required by order or subpoena, upon application by the auditor, a judge of the district court in the county where the order or subpoena was made returnable shall compel obedience or punish disobedience as for contempt, as in the case of a similar order or subpoena issued by the court.
Subd. 3. Before taking a sworn statement from an individual, the legislative auditor shall give the individual written notice that the statement will be taken under oath and that the individual may have an attorney or union representative, or both, present during the statement, if the attorney or union representative agrees to protect the statement and all other not public data disclosed during the statement from unlawful disclosure and be subject to the penalties and liabilities provided for in sections 13.02 and 13.09. A person who swears falsely to the legislative auditor, a deputy, or assistant, concerning any matter stated under oath is guilty of a gross misdemeanor.
Sec. 10. Minnesota Statutes 1994, section 10.48, is amended to read:
10.48 [EXPENSE REPORTS.]
The house of representatives and senate shall by rule require
detailed quarterly reports of expenditures by the house of
representatives and senate to their respective committees on
rules and legislative administration. Each constitutional
officer, the district courts, court of appeals, and supreme court
shall submit detailed quarterly reports of their expenditures to
the legislative auditor. These reports are public
information.
Sec. 11. Minnesota Statutes 1995 Supplement, section 16B.42, subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The intergovernmental
information systems advisory council is composed of (1) two
members from each of the following groups: counties outside of
the seven-county metropolitan area, cities of the second and
third class outside the metropolitan area, cities of the second
and third class within the metropolitan area, and cities of the
fourth class; (2) one member from each of the following groups:
the metropolitan council, an outstate regional body, counties
within the metropolitan area, cities of the first class, school
districts in the metropolitan area, school districts outside the
metropolitan area, and public libraries; (3) one member each
appointed by the state departments of children, families, and
learning, human services, revenue, and economic security,
and the office of strategic and long-range planning,
and the legislative auditor; (4) one member from the office
of the state auditor, appointed by the auditor; (5) the assistant
commissioner of administration for the information policy office;
(6) one member appointed by each of the following organizations:
league of Minnesota cities, association of Minnesota counties,
Minnesota association of township officers, and Minnesota
association of school administrators; and (7) one member of the
house of representatives appointed by the speaker and one member
of the senate appointed by the subcommittee on committees of the
committee on rules and administration. The legislative members
appointed under clause (7) are nonvoting members. The
commissioner of administration shall appoint members under
clauses (1) and (2). The terms, compensation, and removal of the
appointed members of the advisory council are as provided in
section 15.059, but the council does not expire until June 30,
1997.
Sec. 12. Minnesota Statutes 1994, section 37.06, is amended to read:
37.06 [SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.]
The secretary shall keep a complete record of the proceedings of the annual meetings of the state agricultural society and all meetings of the board of managers and any committee of the board, keep all accounts of the society other than those kept by the treasurer of the society, and perform other duties as directed by the board of managers. On or before December 31 each year, the secretary shall report to the governor for the fiscal year ending October 31 all the proceedings of the society during the current year and its financial condition as appears from its books. This report must contain a full, detailed statement of all receipts and expenditures during the year.
The books and accounts of the society for the fiscal year must
be examined and audited annually by the legislative auditor. The
cost of the examination must be paid by the society to the
state legislative auditor and credited to the
legislative auditor's revolving general fund.
A summary of this examination, certified by the legislative auditor, must be appended to the secretary's report, along with the legislative auditor's recommendations and the proceedings of the first annual meeting of the society held following the secretary's report, including addresses made at the meeting as directed by the board of managers. The summary, recommendations, and proceedings must be printed in the same manner as the reports of state officers. Copies of the report must be printed annually and distributed as follows: to each society or association entitled to membership in the society, to each newspaper in the state, and the remaining copies as directed by the board of managers.
Sec. 13. Minnesota Statutes 1994, section 37.07, is amended to read:
37.07 [MONTHLY STATEMENTS BY SECRETARY; PURCHASES, EXPENDITURES.]
The secretary of the state agricultural society shall prepare a signed statement each month summarizing receipts and expenditures for the preceding month, which must be approved by the president or a vice-president of the board of managers. The secretary's affidavit must be attached to this statement. The affidavit must state:
(1) that all articles were purchased by or under the secretary's direction, and that to the secretary's best information and belief, all articles purchased by the board of managers were purchased at a fair cash market value and received by the society, and that all services charged for were actually provided;
(2) that neither the secretary nor any person in the secretary's behalf, or the board of managers, to the secretary's best information and belief, had any pecuniary or other interest in any purchase made or services rendered, or received any pecuniary or other benefit from the purchases or services, directly or indirectly, by commission, percentage, deduction, or otherwise; and
(3) that the articles specified conformed in every respect to the goods ordered, in both quality and quantity.
The report must also show the amount of money in the hands of the treasurer of the society.
Copies of the secretary's monthly report must be furnished to
the commissioner of finance and the office of the legislative
auditor and to each member of the board of managers no later
than the tenth of the month following the month's activities
reported.
The board of managers shall designate one or more national or state banks, or trust companies authorized to do a banking business, as official depositories for the society's money, and shall then require the treasurer to deposit all or part of that money in the designated bank or banks. The designation must be in writing and must set forth all the terms and conditions upon which the deposits are made, and it must be signed by the president and secretary and made a part of the minutes of the board. Any bank or trust company designated must qualify as a depository by furnishing a corporate surety bond or collateral as required by section 118.01, and must, as long as any of the society's money is on deposit with it, maintain the bond or collateral in the amounts required by that section. No bond or collateral is required to secure any deposit if it is insured under federal law, as provided in section 118.10.
Sec. 14. Minnesota Statutes 1994, section 85A.02, subdivision 5c, is amended to read:
Subd. 5c. [FINANCIAL REPORT.] The board shall employ a
certified public accountant to audit and examine its financial
records each year. The board shall submit to the legislative
auditor a report of the accountant's examination or audit.
The legislative auditor shall review the report and accept it
or may make additional examinations if these would be
in the public interest. The working papers of the certified
public accountant relating to the board must be made available to
the legislative auditor on request.
Sec. 15. Minnesota Statutes 1994, section 192.551, is amended to read:
192.551 [ARMY REGULATIONS TO APPLY.]
All money and property received from any source for the
military forces shall be kept, disbursed, and accounted for as
prescribed by army regulations, where applicable, otherwise as
prescribed by state rules. All such accounts shall be examined
and audited at least once annually by officers of the military
forces detailed by the adjutant general as military auditors.
The adjutant general shall file a copy of the report of every
such examination with the legislative auditor. This shall
not preclude other examinations of such accounts by the
legislative auditor as authorized by law. The legislative
auditor may appoint any military auditor as an assistant
examiner, with all the powers incident thereto, in connection
with the examination of such accounts. The provisions of the
state civil service act shall not be applicable to such
appointments.
Sec. 16. Minnesota Statutes 1994, section 256E.05, subdivision 3a, is amended to read:
Subd. 3a. [DEMONSTRATION PROJECT.] (a) The commissioner may establish demonstration projects to test alternatives to existing state requirements.
(b) At least one demonstration project may be developed to demonstrate alternative methods of social services planning. For the purposes of this demonstration project, the commissioner:
(1) shall allow participating counties to combine all social services plans into one comprehensive plan unless a separate plan is necessary to comply with federal regulations or maintain federal financial participation;
(2) may waive social service program maintenance of effort requirements not required to comply with federal regulations or maintain federal financial participation, at the request of a county or counties participating in the planning process;
(3) may exempt counties participating in the planning demonstration from fiscal sanctions for noncompliance with social services requirements in state statute, provided the county proposal includes a schedule of fines for noncompliance approved by the commissioner;
(4) may establish a county match requirement for social services. If the county has spent or obligated all of its state and federal social services funds and the required matching funds, the county must be considered to be making reasonable efforts to comply with all state social services requirements as required in section 256E.081, subdivision 2, and is not required to provide social services beyond the services included in the county's amended community social services plan; and
(5) shall require participating counties to describe the system to be used to evaluate performance under the combined county plan.
(c) At least one demonstration project may be developed to test alternative methods of delivering services to persons with developmental disabilities or persons with mental illness.
(d) Up to six demonstration projects may be established to test alternatives to existing requirements that maintain or enhance services but reduce administrative burdens, eliminate unnecessary or excessive paperwork, simplify or consolidate requirements, or otherwise reduce administrative costs and complexity of social services programs.
(e) The commissioner shall consult with county staff, service providers, and service recipients or their advocates in the selection of the proposals for the demonstration projects.
(f) In selecting the demonstration projects, the commissioner may give preference to proposals submitted by two or more counties.
(g) During the duration of the demonstration projects, the commissioner may waive administrative rule requirements in the demonstration counties if the proposal demonstrates that the needs the requirements were developed to address can be met using an alternative approach. The commissioner shall not waive rule requirements which affect an individual's eligibility for services or right to due process.
(h) If the county fails to meet the conditions in the demonstration project proposal as approved by the commissioner, the commissioner may rescind the waiver of the rule requirements.
(i) The demonstration projects must be completed by July 1, 1995.
(j) The legislative auditor shall evaluate the results of
the demonstration projects.
(k) If the results of the demonstration projects
indicate that the needs the administrative rule requirements were
developed to address can be met by means that are less costly and
less prescriptive, and that give counties greater flexibility
when providing social services, the commissioner may amend or
repeal the appropriate social services rule requirement under
chapter 14. If the requirement is specified in statute, the
commissioner shall recommend legislative changes in the biennial
state plan under section 256E.04, subdivision 1.
Sec. 17. Minnesota Statutes 1994, section 268.12, subdivision 8, is amended to read:
Subd. 8. [RECORDS; REPORTS.] (1) Each employing unit shall keep true and accurate records for such periods of time and containing such information as the commissioner may prescribe. For the purpose of determining compliance with this chapter, or for the purpose of collection of any amounts due under this chapter, the commissioner or any authorized representative of the commissioner has the power to examine, or cause to be examined or copied, any books, correspondence, papers, records, or memoranda which are relevant to making these determinations, whether the books, correspondence, papers, records, or memoranda are the property of or in the possession of the employing unit or any other person or corporation at any reasonable time and as often as may be necessary.
(2) The commissioner or any other duly authorized representative of the commissioner may cause to be made such summaries, compilations, photographs, duplications, or reproductions of any records, reports, or transcripts thereof as the commissioner may deem advisable for the effective and economical preservation of the information contained therein, and such summaries, compilations, photographs, duplications or reproductions, duly authenticated, shall be admissible in any proceeding under this chapter, if the original record or records would have been admissible therein. Notwithstanding any restrictions contained in section 16B.50, except restrictions as to quantity, the commissioner is hereby authorized to duplicate, on equipment furnished by the federal government or purchased with funds furnished for that purpose by the federal government, records, reports, summaries, compilations, instructions, determinations, or any other written matter pertaining to the administration of the Minnesota economic security law.
(3) Notwithstanding any inconsistent provisions elsewhere, the commissioner may provide for the destruction or disposition of any records, reports, transcripts, or reproductions thereof, or other papers in the commissioner's custody, which are more than two years old, the preservation of which is no longer necessary for the establishment of contribution liability or benefit rights or for any purpose necessary to the proper administration of this chapter, including any required audit thereof, provided, that the commissioner may provide for the destruction or disposition of any record, report, or transcript, or other paper in the commissioner's custody which has been photographed, duplicated, or reproduced.
(4) Notwithstanding the provisions of the Minnesota State
Archives Act the commissioner shall with the approval of the
legislative auditor destroy all benefit checks and benefit
check authorization cards that are more than two years old and no
person shall make any demand, bring any suit or other proceeding
to recover from the state of Minnesota any sum alleged to be due
on any claim for benefits after the expiration of two years from
the date of filing such claim.
Sec. 18. Minnesota Statutes 1994, section 352.03, subdivision 6, is amended to read:
Subd. 6. [DUTIES AND POWERS OF EXECUTIVE DIRECTOR.] The management of the system is vested in the director, who is the executive and administrative head of the system. The director shall be advisor to the board on matters pertaining to the system and shall also act as the secretary of the board. The director shall:
(1) attend meetings of the board;
(2) prepare and recommend to the board appropriate rules to carry out this chapter;
(3) establish and maintain an adequate system of records and accounts following recognized accounting principles and controls;
(4) designate an assistant director with the approval of the board;
(5) appoint any employees, both permanent and temporary, that are necessary to carry out the provisions of this chapter;
(6) organize the work of the system as the director deems necessary to fulfill the functions of the system, and define the duties of its employees and delegate to them any powers or duties, subject to the control of the director and under conditions the director may prescribe. Appointments to exercise delegated power must be by written order and shall be filed with the secretary of state;
(7) with the advice and consent of the board, contract for the
services of an approved actuary, professional management
services, and any other consulting services as necessary and fix
the compensation for those services. The contracts are not
subject to competitive bidding under chapter 16B. Any approved
actuary retained by the executive director shall function as the
actuarial advisor of the board and the executive director, and
may perform actuarial valuations and experience studies to
supplement those performed by the actuary retained by the
legislative commission on pensions and retirement. Any
supplemental actuarial valuations or experience studies shall be
filed with the executive director of the legislative commission
on pensions and retirement. Professional management services may
not be contracted for more often than once in six years. Copies
of professional management survey reports must be transmitted to
the secretary of the senate, the chief clerk of the house of
representatives, and the legislative reference library as
provided by section 3.195, and to the executive director
of the commission and to the legislative auditor at the
time as reports are furnished to the board. Only management
firms experienced in conducting management surveys of federal,
state, or local public retirement systems are qualified to
contract with the director;
(8) with the advice and consent of the board provide in-service training for the employees of the system;
(9) make refunds of accumulated contributions to former state employees and to the designated beneficiary, surviving spouse, legal representative, or next of kin of deceased state employees or deceased former state employees, as provided in this chapter;
(10) determine the amount of the annuities and disability benefits of employees covered by the system and authorize payment of the annuities and benefits beginning as of the dates on which the annuities and benefits begin to accrue, in accordance with the provisions of this chapter;
(11) pay annuities, refunds, survivor benefits, salaries, and necessary operating expenses of the system;
(12) certify funds available for investment to the state board of investment;
(13) with the advice and approval of the board request the state board of investment to sell securities when the director determines that funds are needed for the system;
(14) prepare and submit to the board and the legislature an annual financial report covering the operation of the system, as required by section 356.20;
(15) prepare and submit biennial and annual budgets to the board and with the approval of the board submit the budgets to the department of finance; and
(16) with the approval of the board, perform other duties required to administer the retirement and other provisions of this chapter and to do its business.
Sec. 19. Minnesota Statutes 1994, section 353.03, subdivision 3a, is amended to read:
Subd. 3a. [EXECUTIVE DIRECTOR.] (a) [APPOINTMENT.] The board shall appoint, with the advice and consent of the senate, an executive director on the basis of education, experience in the retirement field, and leadership ability. The executive director shall have had at least five years' experience in an executive level management position, which has included responsibility for pensions, deferred compensation, or employee benefits. The executive director serves at the pleasure of the board. The salary of the executive director is as provided by section 15A.081, subdivision 1.
(b) [DUTIES.] The management of the association is vested in the executive director who shall be the executive and administrative head of the association. The executive director shall act as adviser to the board on all matters pertaining to the association and shall also act as the secretary of the board. The executive director shall:
(1) attend all meetings of the board;
(2) prepare and recommend to the board appropriate rules to carry out the provisions of this chapter;
(3) establish and maintain an adequate system of records and accounts following recognized accounting principles and controls;
(4) designate, with the approval of the board, up to two persons who shall serve in the unclassified service and whose salary is set in accordance with section 43A.18, subdivision 3, appoint a confidential secretary in the unclassified service, and appoint employees to carry out this chapter, who are subject to chapters 43A and 179A in the same manner as are executive branch employees;
(5) organize the work of the association as the director deems necessary to fulfill the functions of the association, and define the duties of its employees and delegate to them any powers or duties, subject to the control of, and under such conditions as, the executive director may prescribe;
(6) with the approval of the board, contract for the services
of an approved actuary, professional management services, and any
other consulting services as necessary to fulfill the purposes of
this chapter. All contracts are subject to chapter 16B. The
commissioner of administration shall not approve, and the
association shall not enter into, any contract to provide
lobbying services or legislative advocacy of any kind. Any
approved actuary retained by the executive director shall
function as the actuarial advisor of the board and the executive
director and may perform actuarial valuations and experience
studies to supplement those performed by the actuary retained by
the legislative commission on pensions and retirement. Any
supplemental actuarial valuations or experience studies shall be
filed with the executive director of the legislative commission
on pensions and retirement. Copies of professional management
survey reports shall be transmitted to the secretary of the
senate, the chief clerk of the house of representatives, and the
legislative reference library as provided by section 3.195,
and to the executive director of the commission and to
the legislative auditor at the same time as reports are
furnished to the board. Only management firms experienced in
conducting management surveys of federal, state, or local public
retirement systems shall be qualified to contract with the
director hereunder;
(7) with the approval of the board provide in-service training for the employees of the association;
(8) make refunds of accumulated contributions to former members and to the designated beneficiary, surviving spouse, legal representative or next of kin of deceased members or deceased former members, as provided in this chapter;
(9) determine the amount of the annuities and disability benefits of members covered by the association and authorize payment of the annuities and benefits beginning as of the dates on which the annuities and benefits begin to accrue, in accordance with the provisions of this chapter;
(10) pay annuities, refunds, survivor benefits, salaries, and necessary operating expenses of the association;
(11) prepare and submit to the board and the legislature an annual financial report covering the operation of the association, as required by section 356.20;
(12) prepare and submit biennial and annual budgets to the board for its approval and submit the approved budgets to the department of finance for approval by the commissioner;
(13) reduce all or part of the accrued interest payable under section 353.27, subdivisions 12, 12a, and 12b, or 353.28, subdivision 5, upon receipt of proof by the association of an unreasonable processing delay or other extenuating circumstances of the employing unit. The executive director shall prescribe and submit for approval by the board the conditions under which such interest may be reduced; and
(14) with the approval of the board, perform such other duties as may be required for the administration of the association and the other provisions of this chapter and for the transaction of its business.
Sec. 20. Minnesota Statutes 1994, section 353A.05, subdivision 1, is amended to read:
Subdivision 1. [COMMISSION ACTIONS.] Upon initiation of consolidation as provided in section 353A.04, the executive director of the commission shall direct the actuary retained by the commission to undertake the preparation of the actuarial calculations necessary to complete the consolidation.
These actuarial calculations shall include for each active member, each deferred former member, each retired member, and each current beneficiary the computation of the present value of future benefits, the future normal costs, if any, and the actuarial accrued liability on the basis of the existing relief association benefit plan and on the basis of the public employees police and fire fund benefit plan. These actuarial calculations shall also include for the total active, deferred, retired, and benefit recipient membership the sum of the present value of future benefits, the future normal costs, if any, and the actuarial accrued liability on the basis of the existing relief association benefit plan, on the basis of the public employees police and fire fund benefit plan, and on the basis of the benefit plan which produced the largest present value of future benefits for each person. The actuarial calculations shall be prepared using the entry age actuarial cost method for all components of the benefit plan and using the actuarial assumptions applicable to the fund for the most recent actuarial valuation prepared under section 356.215, except that the actuarial calculations on the basis of the existing relief association benefit plan shall be prepared using an interest rate actuarial assumption during the postretirement period which is in the same amount as the interest rate actuarial assumption applicable to the preretirement period. The actuarial calculations shall include the computation of the present value of the initial postretirement adjustment anticipated by the executive director of the state board as payable after the effective date of the consolidation from the Minnesota postretirement investment fund under section 11A.18.
The chief administrative officer of the relief association shall, upon request, provide in a timely manner to the executive director of the commission and to the actuary retained by the commission the most current available information or documents, whichever applies, regarding the demographics of the active, deferred, retired, and benefit recipient membership of the relief association, the financial condition of the relief association, and the existing benefit plan of the relief association.
Upon completion of the actuarial calculations required by this
subdivision, the actuary retained by the commission shall issue a
report in the form of an appropriate summary of the actuarial
calculations and shall provide a copy of that report to the
executive director of the commission, the executive director of
the public employees retirement association, the chief
administrative officer of the relief association, the chief
administrative officer of the municipality in which the relief
association is located, and the state auditor, and the
legislative auditor.
Sec. 21. Minnesota Statutes 1994, section 354.06, subdivision 2a, is amended to read:
Subd. 2a. [DUTIES OF EXECUTIVE DIRECTOR.] The management of the association is vested in the executive director who shall be the executive and administrative head of the association. The executive director shall act as advisor to the board on all matters pertaining to the association and shall also act as the secretary of the board. The executive director shall:
(1) attend all meetings of the board;
(2) prepare and recommend to the board appropriate rules to carry out the provisions of this chapter;
(3) establish and maintain an adequate system of records and accounts following recognized accounting principles and controls;
(4) designate an assistant executive director in the unclassified service and two assistant executive directors in the classified service with the approval of the board, and appoint such employees, both permanent and temporary, as are necessary to carry out the provisions of this chapter;
(5) organize the work of the association as the director deems necessary to fulfill the functions of the association, and define the duties of its employees and delegate to them any powers or duties, subject to the director's control and under such conditions as the director may prescribe;
(6) with the approval of the board, contract and set the
compensation for the services of an approved actuary,
professional management services, and any other consulting
services. These contracts are not subject to the competitive
bidding procedure prescribed by chapter 16B. An approved actuary
retained by the executive director shall function as the
actuarial advisor of the board and the executive director and may
perform actuarial valuations and experience studies to supplement
those performed by the actuary retained by the legislative
commission on pensions and retirement. Any supplemental
actuarial valuations or experience studies shall be filed with
the executive director of the legislative commission on pensions
and retirement. Copies of professional management survey reports
must be transmitted to the secretary of the senate, the chief
clerk of the house of representatives, and the legislative
reference library as provided by section 3.195, and to the
executive director of the commission and to the legislative
auditor at the same time as reports are furnished to the
board. Only management firms experienced in conducting
management surveys of federal, state, or local public retirement
systems are qualified to contract with the executive director;
(7) with the approval of the board, provide in-service training for the employees of the association;
(8) make refunds of accumulated contributions to former members and to the designated beneficiary, surviving spouse, legal representative, or next of kin of deceased members or deceased former members, under this chapter;
(9) determine the amount of the annuities and disability benefits of members covered by the association and authorize payment of the annuities and benefits beginning as of the dates on which the annuities and benefits begin to accrue, under this chapter;
(10) pay annuities, refunds, survivor benefits, salaries, and necessary operating expenses of the association;
(11) prepare and submit to the board and the legislature an annual financial report covering the operation of the association, as required by section 356.20;
(12) certify funds available for investment to the state board of investment;
(13) with the advice and approval of the board, request the state board of investment to sell securities on determining that funds are needed for the purposes of the association;
(14) prepare and submit biennial and annual budgets to the board and with the approval of the board submit those budgets to the department of finance; and
(15) with the approval of the board, perform such other duties as may be required for the administration of the association and the other provisions of this chapter and for the transaction of its business. The executive director may:
(i) reduce all or part of the accrued interest and fines payable by an employing unit for reporting requirements under section 354.52, based on an evaluation of any extenuating circumstances of the employing unit;
(ii) assign association employees to conduct field audits of an employing unit to ensure compliance with the provisions of this chapter; and
(iii) recover overpayments, if not repaid to the association, by suspending or reducing the payment of a retirement annuity, refund, disability benefit, survivor benefit, or optional annuity under this chapter until the overpayment, plus interest, has been recovered.
Sec. 22. Minnesota Statutes 1994, section 360.015, subdivision 19, is amended to read:
Subd. 19. [KEEP BOOKS AND RECORDS.] The commissioner shall
keep accurate and complete books of account of such character
as may be prescribed by the legislative auditor, the same to
show in detail itemized receipts and disbursements of the
airports fund. The books shall show, and it shall be the duty
of the legislative auditor to so prescribe, the following
facts, among others:
(a) The expenses of maintaining the department, including the salaries and expenses of the individual members thereof;
(b) The amounts of money expended in each county of the state for the construction or maintenance of airports or restricted landing areas, when, where, and upon what airport or restricted landing area expended, so that the cost for each such airport or restricted landing area can be easily ascertained;
(c) The amount of equipment and materials purchased and when, where, and from whom purchased; these books shall show the price paid for each item; the original invoice shall form a part of the permanent files and records in the department and shall be open to public inspection.
Sec. 23. Minnesota Statutes 1994, section 609.456, is amended to read:
609.456 [REPORTING TO STATE AUDITOR REQUIRED.]
Subdivision 1. [STATE AUDITOR.] Whenever a public
employee or public officer of a political subdivision discovers
evidence of theft, embezzlement, or unlawful use of public funds
or property, the employee or elected official
officer shall, except when to do so would knowingly impede
or otherwise interfere with an ongoing criminal investigation,
promptly report in writing to the state auditor a detailed
description of the alleged incident or incidents.
Subd. 2. [LEGISLATIVE AUDITOR.] Whenever a public employee or public officer of the state, the University of Minnesota, or any other public entity subject to audit by the legislative auditor discovers evidence of theft, embezzlement, or unlawful use of public funds or property, the employee or officer shall, except when to do so would knowingly impede or otherwise interfere with an ongoing criminal investigation, promptly report in writing to the legislative auditor a detailed description of the alleged incident or incidents.
Sec. 24. [REPEALER.]
Minnesota Statutes 1994, sections 3.973; 136A.29, subdivision 19; 256B.04, subdivision 11; 469.207, subdivision 1; 574.02; and 574.03, are repealed."
The motion prevailed and the amendment was adopted.
Rest moved to amend S. F. No. 2418, as amended, as follows:
Page 3, delete lines 1 to 31, and insert:
"Subd. 11. "Audit" as used in this subdivision means a
financial audit, a program evaluation, a best practices review,
or an investigation. Data relating to an audit are not public
or with respect to data on individuals are confidential
until the final report of the audit has been published
released by the legislative auditor or the audit is no
longer being actively pursued. Upon release of a final report
by the legislative auditor, data relating to an audit are public,
except data otherwise classified by state statute or federal law
as not public.
(a) Data that support the conclusions of the report
and relating to an audit that the legislative auditor
reasonably believes will result be used in
litigation are not public and with respect to data on
individuals are confidential until the litigation has been
completed or is no longer being actively pursued.
(b) Data on individuals that could reasonably be used to
determine the identity of an individual supplying data for an
audit are private if the data supplied by the individual
were needed for an audit and the individual would not have
provided the data to the legislative auditor without an assurance
that the individual's identity would remain private, or the
legislative auditor reasonably believes that the subject would
not have provided the data expecting the subject's
identity would remain private.
(c) For purposes of this subdivision "proprietary data" means the following data supplied to the legislative auditor if public disclosure of the data would harm the economic interests of the subject of the data:
(1) data on individuals who are not government employees or officials; or
(2) data on organizations that are not agencies of the state, a statewide system, or a political subdivision.
"Proprietary data" excludes data directly related to financial transactions involving public money.
(d) Proprietary data are classified as private or nonpublic. If, before releasing an audit report, the legislative auditor provides an individual with data relating to the audit for the purpose of review and verification of the data, the individual must protect the data from unlawful disclosure and be subject to the penalties and liabilities provided in sections 13.08 and 13.09.
(e) The definitions of terms provided in section 13.02 apply for purposes of this subdivision."
The motion prevailed and the amendment was adopted.
Sviggum offered an amendment to S. F. No. 2418, as amended.
Carruthers raised a point of order pursuant to rule 3.09 that the Sviggum amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
S. F. No. 2418, A bill for an act relating to the legislative auditor; requiring procedures for the appointment process; clarifying audit jurisdiction; protecting privacy of certain audit data; clarifying responsible officers to prosecute violations of law and recover public money; granting rights to witnesses in audit investigations; amending Minnesota Statutes 1994, sections 3.97, subdivisions 4, 5, 9, and 11; 3.971; 3.972; 3.974; 3.975; 3.978; 10.48; 37.06; 37.07; 85A.02, subdivision 5c; 192.551; 256E.05, subdivision 3a; 268.12, subdivision 8; 352.03, subdivision 6; 353.03, subdivision 3a; 353A.05, subdivision 1; 354.06, subdivision 2a; 360.015, subdivision 19; and 609.456; Minnesota Statutes 1995 Supplement, section 16B.42, subdivision 1; repealing Minnesota Statutes 1994, sections 3.973; 136A.29, subdivision 19; 256B.04, subdivision 11; 469.207, subdivision 1; 574.02; and 574.03.
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 126 yeas and 7 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Olson, E. StanekThose who voted in the negative were:
JOURNAL OF THE HOUSE - 95th Day - Top of Page 8161
Anderson, R. Finseth Koppendrayer Opatz Sviggum Bakk Frerichs Kraus Orenstein Swenson, D. Bertram Garcia Larsen Orfield Swenson, H. Bettermann Girard Leighton Osskopp Sykora Bishop Goodno Leppik Osthoff Tomassoni Boudreau Greenfield Lieder Ostrom Tompkins Bradley Greiling Lindner Otremba Trimble Broecker Gunther Long Ozment Tunheim Brown Haas Lourey Paulsen Van Dellen Carlson, L. Harder Luther Pawlenty Van Engen Carlson, S. Hasskamp Lynch Pellow Vickerman Carruthers Hausman Macklin Pelowski Wagenius Clark Holsten Mahon Perlt Warkentin Commers Huntley Mares Peterson Weaver Cooper Jaros Mariani Pugh Wejcman Daggett Jefferson Marko Rest Wenzel Dauner Jennings McCollum Rhodes Winter Davids Johnson, A. McElroy Rostberg Wolf Dawkins Johnson, R. McGuire Rukavina Worke Dehler Johnson, V. Milbert Sarna Workman Delmont Kahn Molnau Schumacher Sp.Anderson,I Dempsey Kalis Mulder Seagren Dorn Kelley Munger Skoglund Entenza Kelso Murphy Smith Erhardt Kinkel Ness Solberg
Anderson, B. Knight Olson, M. Tuma Hackbarth Krinkie OnnenThe bill was passed, as amended, and its title agreed to.
S. F. No. 2624 was reported to the House.
Lourey moved to amend S. F. No. 2624, the unofficial engrossment, as follows:
Page 1, line 13, after "under" insert "a day care provider's"
Page 1, after line 18, insert:
"For purposes of this section, "day care" means "family day care" and "group family day care" as defined in Minnesota Rules, part 9502.0315. "Day care" does not include care provided by an individual who is related, as defined in Minnesota Rules, part 9502.0315, to the person being cared for or care provided by an unrelated individual to persons from a single family of persons related to each other."
The motion prevailed and the amendment was adopted.
S. F. No. 2624, A bill for an act relating to insurance; clarifying coverage under homeowner's insurance for day care services; amending Minnesota Statutes 1994, section 65A.27, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 65A.
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 72 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Goodno Leighton Opatz Skoglund Bakk Greenfield Lieder Orenstein Solberg Bertram Greiling Long Orfield Swenson, D. Brown Hasskamp Lourey Osthoff Tomassoni Carlson, L. Hausman Luther Ostrom Tompkins Carruthers Huntley Mahon Otremba Trimble Clark Jaros Mares Ozment Tunheim Cooper Jefferson Mariani Pelowski Wagenius Davids Johnson, A. Marko Perlt Wejcman Dawkins Johnson, R. McCollum Peterson Wenzel Delmont Kahn McGuire Pugh Winter Dorn Kalis Milbert Rest Sp.Anderson,I Entenza Kelley Munger Rukavina Farrell Kelso Murphy Sarna Garcia Kinkel Olson, E. SchumacherThose who voted in the negative were:
Abrams Erhardt Koppendrayer Onnen Tuma Anderson, B. Finseth Kraus Osskopp Van Dellen Bettermann Frerichs Krinkie Paulsen Van Engen Bishop Girard Larsen Pawlenty Vickerman Boudreau Gunther Leppik Pellow Warkentin Bradley Haas Lindner Rhodes Weaver Broecker Hackbarth Lynch Rostberg Wolf Carlson, S. Harder Macklin Seagren WorkeThe bill was passed, as amended, and its title agreed to.
JOURNAL OF THE HOUSE - 95th Day - Top of Page 8162
Commers Holsten McElroy Smith Workman Daggett Jennings Molnau Stanek Dauner Johnson, V. Mulder Sviggum Dehler Knight Ness Swenson, H. Dempsey Knoblach Olson, M. Sykora
S. F. No. 1902 was reported to the House.
Entenza moved to amend S. F. No. 1902 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 3.922, subdivision 3, is amended to read:
Subd. 3. [COMPENSATION; EXPENSES; EXPIRATION.]
Compensation of nonlegislator members is as provided in section
15.059, but the expiration dates provided in that section do
not apply. Expenses of the council shall must
be approved by two of any three members of the council designated
by the council and then be paid in the same manner as other state
expenses. The executive secretary shall inform the commissioner
of finance in writing of the names of the persons authorized to
approve expenses.
Sec. 2. Minnesota Statutes 1994, section 3.922, subdivision 8, is amended to read:
Subd. 8. [ADVISORY COUNCIL.] An advisory council on urban
Indians is created to shall advise the board on the
unique problems and concerns of Minnesota Indians who reside in
urban areas of the state. The council shall must
be appointed by the board and consist of five Indians residing in
the vicinity of Minneapolis, St. Paul, and Duluth. At least one
member of the council shall must be a resident of
each city. The terms, compensation, and removal of members are
as provided in section 15.059, but the expiration dates
provided in that section do not apply.
Sec. 3. Minnesota Statutes 1994, section 3.9223, is amended to read:
3.9223 [COUNCIL ON AFFAIRS OF SPANISH-SPEAKING
CHICANO/LATINO PEOPLE.]
Subdivision 1. [MEMBERSHIP.] A The state council
on affairs of Spanish-speaking Chicano/Latino
people is created to consist consists of
seven 11 members appointed by the governor,
including eight members representing each of the state's
congressional districts and three members appointed at large.
The demographic composition of the council members shall
must accurately reflect the demographic composition of
Minnesota's Spanish-speaking Chicano/Latino
community, including migrant workers, as determined by the state
demographer. Membership, terms, compensation, removal of
members, and filling of vacancies are as provided in
section 15.0575. Compensation of members is as provided in
section 15.059, subdivision 3. Two members of the house
of representatives appointed by the speaker and two members of
the senate appointed by the subcommittee on committees of the
committee on rules and administration shall serve as nonvoting
members of the council. The council shall annually elect
from its membership a chair and other officers it deems
necessary.
Subd. 2. [SPANISH-SPEAKING CHICANO/LATINO
PEOPLE.] For purposes of subdivisions 3 to 7, the term
"Spanish-speaking Chicano/Latino person" means a
person who uses Spanish as a primary method of communication
or who is a spouse of a person who does was born in, or
whose ancestors are from, Argentina, Bolivia, Brazil, Chile,
Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El
Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Panama,
Paraguay, Puerto Rico, Uruguay, or Venezuela.
Subd. 3. [DUTIES.] The council shall:
(a) (1) advise the governor and the legislature
on the nature of the issues and disabilities confronting
Spanish-speaking Chicano/Latino people in this
state, including the unique problems encountered by
Spanish-speaking Chicano/Latino migrant
agricultural workers;
(b) (2) advise the governor and the legislature
on statutes or rules necessary to ensure Spanish-speaking
Chicano/Latino people access to benefits and services
provided to people in this state;
(c) (3) recommend to the governor and the
legislature legislation to improve the economic and social
condition of Spanish-speaking Chicano/Latino people
in this state;
(d) (4) serve as a conduit to state government
for organizations of Spanish-speaking
Chicano/Latino people in the state;
(e) (5) serve as a referral agency to assist
Spanish-speaking Chicano/Latino people to secure
access to state agencies and programs;
(f) (6) serve as a liaison with the federal
government, local government units, and private organizations on
matters relating to the Spanish-speaking
Chicano/Latino people of this state;
(g) (7) perform or contract for the performance
of studies designed to suggest solutions to problems of
Spanish-speaking Chicano/Latino people in the areas
of education, employment, human rights, health, housing, social
welfare, and other related programs;
(h) (8) implement programs designed to solve
problems of Spanish-speaking Chicano/Latino people
when authorized by other statute, rule, or order; and
(i) review data provided by the commissioner of human
services under section 257.072, subdivision 5, and present
recommendations on the out-of-home placement of children of
Hispanic people. Recommendations must be presented to the
commissioner and the legislature by February 1, 1990; November 1,
1990; and November 1 of each year thereafter; and
(j) (9) publicize the accomplishments of
Spanish-speaking Chicano/Latino people and their
contributions to this state.
Subd. 4. [REVIEW AND RECOMMENDATION AUTHORITY.] All
applications for the receipt of federal money and proposed rules
of a state agency which that will have their
primary effect on Spanish-speaking Chicano/Latino
people shall must be submitted to the council for
review and recommendation at least 15 days before submission to a
federal agency or initial publication in the State Register.
Subd. 5. [POWERS.] The council may contract in its own name.
Contracts shall must be approved by a majority of
the members of the council and executed by the chair and the
executive director. The council may apply for, receive, and
expend in its own name grants and gifts of money consistent with
the power and duties specified in this section.
The council shall appoint, subject to the approval of the
governor, an executive director who is experienced in
administrative activities and familiar with the problems and
needs of Spanish-speaking Chicano/Latino people.
The council may delegate to the executive director powers and
duties under this section which that do not require
council approval. The executive director and council staff serve
in the unclassified service. The executive director may be
removed at any time by a majority vote of the entire council.
The executive director shall recommend to the council the
appropriate staffing necessary to carry out its duties. The
commissioner of administration shall provide the council with
necessary administrative services.
Subd. 6. [STATE AGENCY ASSISTANCE.] Other state agencies shall supply the council upon request with advisory staff services on matters relating to the jurisdiction of the council. The council shall cooperate and coordinate its activities with other state agencies to the highest possible degree.
Subd. 7. [REPORT.] The council shall prepare and distribute a
report to the governor and legislature by November 15 of each
even-numbered year. The report shall summarize the activities of
the council since its last report, list receipts and
expenditures, identify the major problems and issues confronting
Spanish-speaking Chicano/Latino people, and list
the specific objectives which that the council
seeks to attain during the next biennium.
Sec. 4. Minnesota Statutes 1994, section 3.9225, subdivision 1, is amended to read:
Subdivision 1. [CREATION.] A state council on Black Minnesotans consists of 11 members appointed by the governor. The members of the council must be broadly representative of the Black community of the state and include at least five males and at least five females. Membership terms, compensation, removal of members, and filling of
vacancies for nonlegislative members are as provided in section
15.059 15.0575. Two members of the house of
representatives appointed by the speaker and two members of the
senate appointed by the subcommittee on committees of the
committee on rules and administration shall serve as nonvoting
members of the council. The council shall annually elect from
its membership a chair and other officers it deems necessary.
Sec. 5. Minnesota Statutes 1994, section 3.9226, subdivision 1, is amended to read:
Subdivision 1. [CREATION MEMBERSHIP.] The state
council on Asian-Pacific Minnesotans consists of 15
23 members. Eleven Nineteen members are
appointed by the governor and must be broadly representative of
the Asian-Pacific community of the state. The governor shall
appoint two additional members in 1992, one each representing the
communities of people from Malaysia and Sri Lanka, and six more
additional members in 1993, one each representing the communities
of people from Afghanistan, Bangladesh, Myanmar, Pakistan,
Singapore, and Tibet, so that after 1993 the council consists of
23 members with 19 appointed by the governor. Each
Asian-Pacific ethnic community from the area described in
subdivision 2 may be represented by no more than one council
member. In making appointments, the governor shall consider an
appointee's proven dedication and commitment to the Asian-Pacific
community and any special skills possessed by the appointee that
might be beneficial to the council, including at a minimum
experience in public policy, legal affairs, social work,
business, management, or economics. Terms, compensation,
removal, and filling of vacancies for appointed members
are as provided in section 15.059 15.0575. Two
members of the house of representatives appointed under the rules
of the house of representatives and two members of the senate
appointed under the rules of the senate shall serve as nonvoting
members of the council. In making legislative appointments,
the speaker of the house of representatives and the subcommittee
on committees of the committee on rules and administration of the
senate shall consult with the council in an effort to select
appointees knowledgeable and interested in the affairs of the
Asian-Pacific community. The council shall annually elect
from its membership a chair and other officers it deems
necessary. The council shall encourage Asian-Pacific ethnic
communities and organizations to designate persons to serve as
liaisons with the council. Liaisons may participate in council
meetings, but may not vote, and may serve on council
committees.
The council shall adopt rules to implement designation of Asian-Pacific ethnic communities to be represented with seats on the council.
Sec. 6. Minnesota Statutes 1994, section 3.9226, subdivision 2, is amended to read:
Subd. 2. [DEFINITION.] For the purpose of this section, the term Asian-Pacific means a person whose ethnic heritage is from any of the countries in Asia east of, and including, Afghanistan, or the Pacific Islands.
Sec. 7. Minnesota Statutes 1994, section 3.9226, subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The council shall:
(1) advise the governor and the legislature on issues confronting Asian-Pacific people in this state, including the unique problems of non-English-speaking immigrants and refugees;
(2) advise the governor and the legislature of administrative and legislative changes necessary to ensure that Asian-Pacific people have access to benefits and services provided to people in this state;
(3) recommend to the governor and the legislature any revisions in the state's affirmative action program and other steps that are necessary to eliminate underutilization of Asian-Pacific people in the state's work force;
(4) recommend to the governor and the legislature legislation to improve the economic and social condition of Asian-Pacific people in this state;
(5) serve as a conduit to state government for organizations of Asian-Pacific people in the state;
(6) serve as a referral agency to assist Asian-Pacific people to secure access to state agencies and programs;
(7) serve as a liaison with the federal government, local government units, and private organizations on matters relating to the Asian-Pacific people of this state;
(8) perform or contract for the performance of studies designed to suggest solutions to the problems of Asian-Pacific people in the areas of education, employment, human rights, health, housing, social welfare, and other related areas;
(9) implement programs designed to solve the problems of Asian-Pacific people when authorized by other law;
(10) publicize the accomplishments of Asian-Pacific people and their contributions to this state;
(11) work with other state and federal agencies and organizations to develop small business opportunities and promote economic development for Asian-Pacific Minnesotans;
(12) supervise development of an Asian-Pacific trade primer, outlining Asian and Pacific customs, cultural traditions, and business practices, including language usage, for use by Minnesota's export community;
(13) cooperate with other state and federal agencies and organizations to develop improved state trade relations with Asian and Pacific countries; and
(14) review data provided by the commissioner of human
services under section 257.072, subdivision 5, and present
recommendations on the out-of-home placement of Asian-Pacific
children. Recommendations must be presented to the commissioner
and the legislature by February 1, 1990; November 1, 1990; and
November 1 of each year thereafter assist recent
immigrants in adaptation into the culture and promote the study
of English as a second language.
Sec. 8. Minnesota Statutes 1994, section 3.9226, subdivision 5, is amended to read:
Subd. 5. [POWERS.] (a) The council may contract in its own name but may not accept or receive a loan or incur indebtedness except as otherwise provided by law. Contracts must be approved by a majority of the members of the council and executed by the chair and the executive director. The council may apply for, receive, and expend in its own name grants and gifts of money consistent with the powers and duties specified in this section.
(b) The council shall appoint an executive director who is
experienced in administrative activities and familiar with the
problems and needs of Asian-Pacific people. The council may
delegate to the executive director powers and duties under this
section that do not require council approval. The executive
director serves in the unclassified service and may be removed at
any time by the council. The executive director shall
recommend to the council, and the council may appoint the
appropriate staff necessary to carry out the duties of the
council. All staff members serve in the unclassified service.
The commissioner of administration shall provide the council with
necessary administrative services.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 8 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to state councils; changing provisions governing the Indian affairs council, the councils on Black Minnesotans and Asian-Pacific Minnesotans, and the council on affairs of Spanish-speaking people; amending Minnesota Statutes 1994, sections 3.922, subdivisions 3 and 8; 3.9223; 3.9225, subdivision 1; and 3.9226, subdivisions 1, 2, 3, and 5."
The motion prevailed and the amendment was adopted.
Knight moved to amend S. F. No. 1902, as amended, as follows:
Page 8, after line 30, insert:
"Sec. 9. [3.9228] [VOTER REGISTRATION.]
The councils created in sections 3.922, 3.9223, 3.9225, and 3.9226 may not engage in voter registration activities except those required by section 201.162."
Page 8, line 31, delete "9" and insert "10"
Page 8, line 32, delete "8" and insert "9"
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Knight amendment and the roll was called. There were 4 yeas and 125 nays as follows:
Those who voted in the affirmative were:
Knight Krinkie Lindner Olson, M.Those who voted in the negative were:
Abrams Erhardt Knoblach Opatz Swenson, D. Anderson, B. Farrell Koppendrayer Orenstein Swenson, H. Anderson, R. Finseth Kraus Orfield Sykora Bakk Frerichs Larsen Osskopp Tomassoni Bertram Garcia Leighton Osthoff Tompkins Bettermann Girard Leppik Ostrom Trimble Bishop Goodno Lieder Otremba Tuma Boudreau Greenfield Long Paulsen Tunheim Bradley Greiling Lourey Pawlenty Van Dellen Broecker Gunther Luther Pellow Van Engen Brown Haas Lynch Pelowski Vickerman Carlson, L. Hackbarth Macklin Perlt Wagenius Carlson, S. Harder Mahon Peterson Warkentin Carruthers Hasskamp Mariani Pugh Weaver Clark Hausman Marko Rest Wejcman Commers Holsten McCollum Rhodes Wenzel Cooper Huntley McElroy Rostberg Winter Daggett Jefferson McGuire Rukavina Wolf Dauner Jennings Milbert Sarna Worke Davids Johnson, A. Molnau Schumacher Workman Dawkins Johnson, R. Mulder Seagren Sp.Anderson,I Dehler Johnson, V. Munger Skoglund Delmont Kahn Murphy Smith Dempsey Kalis Ness Solberg Dorn Kelley Olson, E. Stanek Entenza Kinkel Onnen SviggumThe motion did not prevail and the amendment was not adopted.
Frerichs moved to amend S. F. No. 1902, as amended, as follows:
Page 8, line 8, after "English" delete "as"
Page 8, line 9, delete everything before the period
The motion prevailed and the amendment was adopted.
Goodno moved to amend S. F. No. 1902, as amended, as follows:
Page 2, line 12, delete "11" and insert "nine"
Page 2, line 14, delete "three members" and insert "one member"
The motion prevailed and the amendment was adopted.
S. F. No. 1902, A bill for an act relating to the council on affairs of Spanish-speaking people, the council on Asian-Pacific Minnesotans, the council on Black Minnesotans, and the Indian affairs council; changing the name of the council on affairs of Spanish-speaking people; changing the composition and certain powers of the councils on affairs of Spanish-speaking people and Asian-Pacific Minnesotans; providing for appointments; changing statutory references; eliminating an expiration date; amending Minnesota Statutes 1994, sections 3.922, subdivisions 3 and 8; 3.9223; 3.9225, subdivision 1; and 3.9226, subdivisions 1, 2, 3, and 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 118 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Erhardt Kelley Munger Skoglund Bakk Farrell Kelso Murphy Smith Bertram Finseth Kinkel Ness Solberg Bettermann Frerichs Knoblach Olson, E. Stanek Bishop Garcia Koppendrayer Opatz Swenson, D. Boudreau Girard Kraus Orenstein Swenson, H. Bradley Goodno Larsen Orfield Tomassoni Broecker Greenfield Leighton Osthoff Tompkins Brown Greiling Leppik Ostrom Trimble Carlson, L. Gunther Lieder Otremba Tuma Carlson, S. Haas Long Ozment Tunheim Carruthers Harder Lourey Pawlenty Van Engen Clark Hasskamp Luther Pellow Vickerman Commers Hausman Lynch Pelowski Wagenius Cooper Holsten Macklin Perlt Warkentin Daggett Huntley Mahon Peterson Weaver Dauner Jaros Mares Pugh Wejcman Davids Jefferson Mariani Rest Wenzel Dawkins Jennings Marko Rhodes Winter Dehler Johnson, A. McCollum Rostberg Wolf Delmont Johnson, R. McElroy Rukavina Worke Dempsey Johnson, V. McGuire Sarna Sp.Anderson,I Dorn Kahn Milbert Schumacher Entenza Kalis Molnau SeagrenThose who voted in the negative were:
Abrams Krinkie Onnen Sykora Anderson, B. Lindner Osskopp Van Dellen Hackbarth Mulder Paulsen Workman Knight Olson, M. SviggumThe bill was passed, as amended, and its title agreed to.
S. F. No. 2116 was reported to the House.
Bertram moved to amend S. F. No. 2116 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 340A.301, subdivision 2, is amended to read:
Subd. 2. [PERSONS ELIGIBLE.] Licenses under this section may be issued only to a person who:
(1) is a citizen of the United States or a resident
alien;
(2) is of good moral character and repute;
(3) (2) is 21 years of age or older;
(4) (3) has not had a license issued under this
chapter revoked within five years of the date of license
application, or to any person who at the time of the violation
owns any interest, whether as a holder of more than five
percent
of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; and
(5) (4) has not been convicted within five years
of the date of license application of a felony, or of a willful
violation of a federal or state law, or local ordinance governing
the manufacture, sale, distribution, or possession for sale or
distribution of alcoholic beverages.
Sec. 2. Minnesota Statutes 1995 Supplement, section 340A.401, is amended to read:
340A.401 [LICENSE REQUIRED.]
Except as provided in this chapter, no person may directly or
indirectly, on any pretense or by any device, sell, barter, keep
for sale, charge for possession, or otherwise dispose of
alcoholic beverages as part of a commercial transaction without
having obtained a the required license or
permit.
Sec. 3. [340A.4011] [BED AND BREAKFAST FACILITIES; WHEN LICENSE NOT REQUIRED.]
Subdivision 1. [DEFINITION.] For purposes of this section "bed and breakfast facility" means a place of lodging that (1) provides not more than eight rooms for rent to no more than 20 guests at a time, (2) is the owner's personal residence and is occupied by the owner at the time of rental, (3) provides no meals, other than breakfast served to persons who rent rooms, and (4) was originally built and occupied as, or was converted to, a single-family residence prior to being used as a place of lodging.
Subd. 2. [LICENSE NOT REQUIRED.] (a) Notwithstanding section 340A.401, no license under this chapter is required for a bed and breakfast facility to provide at no additional charge to a person renting a room at the facility not more than two glasses per day each containing not more than four fluid ounces of wine. Wine so furnished may be consumed only on the premises of the bed and breakfast facility.
(b) A bed and breakfast facility may furnish wine under paragraph (a) only if the facility is registered with the commissioner. Application for such registration must be on a form the commissioner provides. The commissioner may revoke registration under this paragraph for any violation of this chapter or a rule adopted under this chapter.
Sec. 4. Minnesota Statutes 1994, section 340A.404, subdivision 8, is amended to read:
Subd. 8. [LAKE SUPERIOR, ST. CROIX RIVER, AND MISSISSIPPI RIVER TOUR BOATS.] (a) The commissioner may issue an on-sale intoxicating liquor license to a person regularly engaged, on an annual or seasonal basis, in the business of offering tours by boat on Lake Superior and adjacent bays, the St. Croix river, and the Mississippi river. The license shall authorize the sale of intoxicating liquor between May 1 and October 1 for consumption on the boat while underway or attached to a dock or other mooring. No license may be issued unless each boat used in the tour business regularly sells meals in the place where intoxicating liquor is sold.
(b) All sales of intoxicating liquor made on a boat while it is attached to a dock or other mooring are subject to any restrictions on the sale of liquor prescribed by the governing body of the city where the boat is attached, or of a county when it is attached outside a city. A governing body may prohibit liquor sales within its jurisdiction but may not require an additional license, or require a fee or occupation tax, for the sales.
(c) If a boat is moored for a period of at least three
consecutive months, the city may require the boat to obtain an
on-sale intoxicating liquor license from the city, and the fee
charged for the license must not exceed one-half the fee charged
for a comparable annual on-sale intoxicating liquor
license.
Sec. 5. Minnesota Statutes 1994, section 340A.408, subdivision 2, is amended to read:
Subd. 2. [INTOXICATING LIQUOR; ON-SALE.] (a) The license fee
for a retail on-sale intoxicating liquor license is the fee set
by the city or county issuing the license subject to the
limitations imposed under this subdivision. The license fee is
intended to cover the costs of (1) issuing and
inspecting and other directly related costs of enforcement
the license, (2) conducting an annual inspection of the
licensed premises, and (3) investigating alleged violations of
law or rule at the licensed premises where a reasonable belief of
a violation exists.
(b) The annual license fee for an on-sale intoxicating liquor license issued by a municipality to a club must be no greater than:
(1) $300 for a club with under 200 members;
(2) $500 for a club with between 201 and 500 members;
(3) $650 for a club with between 501 and 1,000 members;
(4) $800 for a club with between 1,001 and 2,000 members;
(5) $1,000 for a club with between 2,001 and 4,000 members;
(6) $2,000 for a club with between 4,001 and 6,000 members; or
(7) $3,000 for a club with over 6,000 members.
(c) The license fee for the issuance of a wine license may not exceed one-half of the license fee charged for an on-sale intoxicating liquor license, or $2,000, whichever is less.
(d) The town board of a town in which an on-sale establishment has been licensed by a county may impose an additional license fee on each such establishment in an amount not to exceed 20 percent of the county license fee.
Sec. 6. Minnesota Statutes 1994, section 340A.408, subdivision 4, is amended to read:
Subd. 4. [LAKE SUPERIOR, ST. CROIX RIVER, AND MISSISSIPPI RIVER TOUR BOATS; COMMON CARRIERS.] (a) The annual license fee for licensing of Lake Superior, St. Croix river, and Mississippi river tour boats under section 340A.404, subdivision 8, shall be $1,000. The commissioner shall transmit one-half of this fee to the governing body of the city that is the home port of the tour boat, or to the county in which the home port is located if the home port is outside a city.
(b) The annual license fee for common carriers licensed under section 340A.407 is:
(1) $50 for 3.2 percent malt liquor, and $20 for a duplicate license; and
(2) $200 for intoxicating liquor, and $20 for a duplicate license.
Sec. 7. Minnesota Statutes 1994, section 340A.410, is amended by adding a subdivision to read:
Subd. 4b. [NOTICE POSTING.] (a) A premises licensed for the retail sale of alcoholic beverages and a municipal liquor store must post and maintain in a conspicuous place within the licensed premises clearly visible to consumers: one sign 14-1/2 inches wide by 8 inches high as designed by the commissioners of health and public safety, which incorporates the following information: (1) the penalties of driving while under the influence of alcohol; (2) penalties for serving alcoholic beverages to a person who is obviously intoxicated or under 21 years of age; and (3) a warning statement regarding drinking alcohol while pregnant.
(b) The commissioners of health and public safety shall design a sign that complies with this subdivision and shall make the sign available for reproduction. A retail licensee or municipal liquor store may not modify the sign design, but may modify the color.
Sec. 8. Minnesota Statutes 1994, section 340A.411, subdivision 1, is amended to read:
Subdivision 1. [ON-SALE LICENSES.] On-sale
nonintoxicating 3.2 percent malt liquor licenses
may only be issued to drugstores, restaurants, hotels, clubs,
bowling centers, and establishments used exclusively for the sale
of 3.2 percent malt liquor with the incidental sale of tobacco
and soft drinks.
Sec. 9. Minnesota Statutes 1994, section 340A.411, is amended by adding a subdivision to read:
Subd. 3. [TERMINOLOGY.] A political subdivision may not issue a 3.2 percent malt liquor license that includes the term "nonintoxicating liquor."
Sec. 10. Minnesota Statutes 1994, section 340A.413, subdivision 4, is amended to read:
Subd. 4. [EXCLUSIONS FROM LICENSE LIMITS.] On-sale intoxicating liquor licenses may be issued to the following entities by a city, in addition to the number authorized by this section:
(1) clubs, or congressionally chartered veterans organizations;
(2) restaurants located at a racetrack licensed under chapter 240;
(3) establishments that are issued licenses to sell wine under section 340A.404, subdivision 5; and
(4) Lake Superior tour boats that are issued licenses under
section 340A.404, subdivision 8; and
(5) theaters that are issued licenses under section
340A.404, subdivision 2.
Sec. 11. Minnesota Statutes 1994, section 340A.418, subdivision 2, is amended to read:
Subd. 2. [TASTINGS AUTHORIZED.] (a) A charitable, religious, or other nonprofit organization may conduct a wine tasting on premises the organization owns or leases or has use donated to it, or on the licensed premises of a holder of an on-sale intoxicating liquor license that is not a temporary license, if the organization holds a temporary on-sale intoxicating liquor license under section 340A.404, subdivision 10, and complies with this section. An organization holding a temporary license may be assisted in conducting the wine tasting by another nonprofit organization.
(b) An organization that conducts a wine tasting under this section may use the net proceeds from the wine tasting only for:
(1) the organization's primary nonprofit purpose; or
(2) donation to another nonprofit organization assisting in the wine tasting, if the other nonprofit organization uses the donation only for that organization's primary nonprofit purpose.
(c) No wine at a wine tasting under this section may be sold,
or orders taken, for off-premise off-premises
consumption.
(d) Notwithstanding any other law, an organization may purchase or otherwise obtain wine for a wine tasting conducted under this section from a wholesaler licensed to sell wine, and the wholesaler may sell or give wine to an organization for a wine tasting conducted under this section and may provide personnel to assist in the wine tasting. A wholesaler who sells or gives wine to an organization for a wine tasting under this section must deliver the wine directly to the location where the wine tasting is conducted.
(e) This section does not prohibit or restrict a wine tasting that is:
(1) located on on-sale premises where no charitable organization is participating; or
(2) located on on-sale premises where the proceeds are for a designated charity but where the tasting is primarily for educational purposes.
Sec. 12. Minnesota Statutes 1994, section 340A.510, is amended to read:
340A.510 [SAMPLES.]
Subdivision 1. [SAMPLES AUTHORIZED.] Off-sale licenses
and municipal liquor stores may provide samples of malt liquor,
wine, liqueurs, and cordials, and distilled spirits
which the licensee or municipal liquor store currently has in
stock and is offering for sale to the general public without
obtaining an additional license, provided the wine, liqueur, and
cordial samples are dispensed at no charge and consumed on the
licensed premises during the permitted hours of off-sale in a
quantity less than 100 milliliters of malt liquor per variety per
customer, 50 milliliters of wine per variety per customer
and, 25 milliliters of liqueur or cordial, and
15 milliliters of distilled spirits per variety
per customer.
Subd. 2. [MALT LIQUOR FURNISHED FOR SAMPLING.] (a) Notwithstanding section 340A.308, with respect only to sampling authorized under subdivision 1, a brewer may furnish at no cost to an off-sale retailer malt liquor the brewer manufactures if:
(1) the malt liquor is dispensed by the retailer only for tastings authorized under subdivision 1;
(2) the retailer makes available for return to the brewer any unused malt liquor and empty containers;
(3) the samples are dispensed by an employee of the retailer, or by a sampling service retained by the retailer and not affiliated directly or indirectly with a brewer or malt liquor wholesaler;
(4) the brewer furnishes not more than three cases of malt liquor to the retailer for each sampling;
(5) each sampling continues for not more than eight hours;
(6) the brewer has furnished malt liquor for not more than five samplings for any retailer in any calendar year;
(7) the brewer delivers the malt liquor for the sampling to its exclusive wholesaler for that malt liquor;
(8) the brewer has at least seven days before the sampling filed with the commissioner, on a form the commissioner prescribes, written notice of intent to furnish malt liquor for the sampling, which contains (i) the name and address of the retailer conducting the sampling, (ii) the amount of malt liquor being furnished by the brewer, (iii) the number of times the brewer has furnished malt liquor to the retailer in the calendar year in which the notice is filed, (iv) the date and time of the sampling, (v) the exclusive wholesaler to whom the brewer will deliver the malt liquor, and (vi) a statement by the brewer to the effect that to the brewer's knowledge all requirements of this section have been or will be complied with; and
(9) the commissioner has not notified the brewer filing the notice under clause (8) that the commissioner disapproves the notice.
(b) For purposes of this subdivision "retailer" means a licensed off-sale retailer of alcoholic beverages and a municipal liquor store that sells at off-sale.
Sec. 13. [340A.511] [CERTAIN SIZES MAY BE SOLD.]
Notwithstanding any rule of the commissioner of public safety, an off-sale retailer of intoxicating liquor may sell distilled spirits in bottles of 50 milliliters.
Sec. 14. [340A.512] [CONTAINERS BROUGHT INTO PREMISES.]
A licensed retailer of alcoholic beverages may prohibit any person from bringing into the licensed premises any container of alcoholic beverages, or from consuming from such a container on the licensed premises, without the licensee's permission.
Sec. 15. Minnesota Statutes 1994, section 340A.601, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] A city having a population of not
more than 10,000 may establish, own, and operate a municipal
liquor store which may sell at retail intoxicating liquor, 3.2
percent malt liquor, tobacco products, ice, soft drinks,
beverages for mixing intoxicating liquor, and food for
consumption on the premises alcoholic beverages and (1) in
the case of a municipal liquor store that sells at off-sale only,
all items that may lawfully be sold in an exclusive liquor store
under section 340A.412, subdivision 14, or (2) in the case of a
municipal liquor store that sells at on-sale only, or at on- and
off-sale, any item that may lawfully be sold in an establishment
with an on-sale intoxicating liquor license. A municipal
liquor store may also offer recorded or live entertainment and
make available coin-operated amusement devices.
Sec. 16. [WEST ST. PAUL; LICENSES AUTHORIZED.]
Notwithstanding any other law, the city of West St. Paul may issue not more than 18 on-sale intoxicating liquor licenses. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the licenses authorized by this section.
Sec. 17. [WADENA; SEASONAL LICENSES.]
Notwithstanding any other law, the city of Wadena may issue one seasonal on-sale intoxicating liquor license in addition to the number of on-sale intoxicating liquor licenses authorized by law. The license authorized by this section is valid for a period to be determined by the city, not to exceed nine months. Not more than one license may be issued under this section for any one premise during any consecutive 12-month period. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the license authorized by this section.
Sec. 18. [EAGAN; LICENSES AUTHORIZED.]
Notwithstanding any other law, the city of Eagan may issue not more than 26 on-sale intoxicating liquor licenses. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the licenses authorized by this section.
Sec. 19. [REPEALER.]
Minnesota Statutes 1994, sections 144.3871; and 340A.410, subdivision 4a, are repealed. Laws 1974, chapter 452, is repealed.
Sec. 20. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the words "nonintoxicating liquor" to "3.2 percent malt liquor" wherever they appear in Minnesota Statutes and Minnesota Rules.
Sec. 21. [EFFECTIVE DATE.]
Sections 3, 12, 13, 14, and 15 are effective the day following final enactment. Section 5 is effective June 1, 1996. Section 16 is effective on approval by the West St. Paul city council and compliance with Minnesota Statutes, section 645.021. Section 17 is effective on approval by the Wadena city council and compliance with Minnesota Statutes, section 645.021. Section 18 is effective on approval by the Eagan city council and compliance with Minnesota Statutes, section 645.021."
Delete the title and insert:
"A bill for an act relating to alcoholic beverages; modifying eligibility for manufacturer and wholesaler licenses; clarifying requirements for selling or furnishing alcoholic beverages; allowing bed and breakfast facilities to furnish wine to guests without a license under certain circumstances; regulating on-sale intoxicating liquor license fees; exempting certain types of wine tastings from statutory restrictions; allowing off-sale retailers to offer samples of distilled spirits; allowing brewers to furnish beer directly to retailers for tastings; allowing off-sale retailers to sell distilled spirits in 50 milliliter bottles; allowing on-sale retailers to prohibit the carrying of alcoholic beverages onto the licensed premises; specifying items that may be sold in municipal liquor stores; removing references to nonintoxicating malt liquor from statute, rules, and local licenses; authorizing on-sale licenses for tour boats on the St. Croix and Mississippi rivers; requiring establishments selling alcoholic beverages to post certain signs; directing commissioners of public safety and health to design the signs; providing for division of tour boat license fees; authorizing additional on-sale licenses in West St. Paul and Eagan; authorizing seasonal on-sale license in Wadena; repealing special law restricting on-sale licenses in Thief River Falls; amending Minnesota Statutes 1994, sections 340A.301, subdivision 2; 340A.404, subdivision 8; 340A.408, subdivisions 2 and 4; 340A.410, by adding a subdivision; 340A.411, subdivision 1, and by adding a subdivision; 340A.413, subdivision 4; 340A.418, subdivision 2; 340A.510; and 340A.601, subdivision 1; Minnesota Statutes 1995 Supplement, section 340A.401; proposing coding for new law in Minnesota Statutes, chapter 340A; repealing Minnesota Statutes 1994, sections 144.3871; and 340A.410, subdivision 4a; Laws 1974, chapter 452."
The motion prevailed and the amendment was adopted.
Bertram moved to amend S. F. No. 2116, as amended, as follows:
Page 2, after line 18, insert:
"Sec. 2. Minnesota Statutes 1994, section 340A.316, is amended to read:
340A.316 [SACRAMENTAL WINE.]
The commissioner may issue licenses for the importation and
sale of wine exclusively for sacramental purposes. The holder of
a sacramental wine license may sell wine only to a rabbi, priest,
or minister of a church, or other established religious
organization, or individual members of a religious organization
who conduct ceremonies in their homes, if the purchaser certifies
in writing that the wine will be used exclusively for sacramental
purposes in religious ceremonies. The annual fee for a
sacramental wine license is $50.
A rabbi, priest, or minister of a church or other established religious organization may import wine exclusively for sacramental purposes without a license."
Page 4, line 13, delete "an annual inspection" and insert "two semi-annual inspections"
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Bertram moved to amend S. F. No. 2116, as amended, as follows:
Page 10, after line 19, insert:
"Sec. 20. [LOCAL LICENSE FEES.]
Nothing in section 5 may be construed to require any city to reduce any license fee it charges under Minnesota Statutes, section 340A.408, subdivision 2, paragraph (a) below the fee it charged for such a license on February 1, 1996."
Renumber sections and correct internal references
The motion prevailed and the amendment was adopted.
Greiling; Sykora; Seagren; McElroy; Long; Broecker; Knight; Larsen; Harder; Pugh; Trimble; Mariani; Mahon; Stanek; Huntley; Lynch; Carlson, S.; Pawlenty; Molnau; Haas; Marko; Luther; Wejcman; Lourey; Entenza; Delmont; Wagenius; Perlt; McCollum; Van Dellen; Kelley; Tompkins; Carruthers; Skoglund; Anderson, R.; Milbert and Mares moved to amend S. F. No. 2116, as amended, as follows:
Page 4, delete section 5
Renumber 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 Greiling et al amendment and the roll was called. There were 115 yeas and 16 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Olson, M. Swenson, D. Anderson, B. Frerichs Larsen Onnen Swenson, H. Anderson, R. Garcia Leighton Opatz Sykora Bakk Girard Leppik Orenstein Tompkins Bettermann Goodno Lieder Orfield Trimble Bishop Greenfield Lindner Osskopp Tuma Boudreau Greiling Long Ostrom Tunheim Bradley Gunther Lourey Otremba Van Dellen Broecker Haas Luther Ozment Van Engen Carlson, L. Harder Lynch Paulsen Vickerman Carlson, S. Hausman Macklin Pawlenty Warkentin Carruthers Holsten Mahon Pelowski Weaver Clark Huntley Mares Perlt Wejcman Commers Jaros Mariani Peterson Wenzel Cooper Jefferson Marko Rest Winter Daggett Johnson, A. McCollum Rhodes Wolf Dauner Johnson, V. McElroy Rostberg Worke Davids Kahn McGuire Rukavina Workman Delmont Kalis Molnau Schumacher Sp.Anderson,I Dempsey Kelley Mulder Seagren Dorn Kelso Munger SkoglundThose who voted in the negative were:
JOURNAL OF THE HOUSE - 95th Day - Top of Page 8174
Entenza Kinkel Murphy Smith Erhardt Knight Ness Stanek Farrell Knoblach Olson, E. Sviggum
Bertram Hackbarth Krinkie Pugh Brown Jennings Milbert Sarna Dawkins Johnson, R. Osthoff Solberg Dehler Koppendrayer Pellow TomassoniThe motion prevailed and the amendment was adopted.
Sykora and Greiling moved to amend S. F. No. 2116, as amended, as follows:
Page 2, line 31, delete "eight" and insert "ten"
Page 2, line 32, delete everything after the first "is" and insert "located on the same property as the owner's personal residence"
Page 2, line 33, delete "occupied by the owner" and after the comma insert "and"
Page 2, line 34, delete the second comma and insert a period
Page 2, delete lines 35 and 36
Page 3, delete line 1
The motion prevailed and the amendment was adopted.
Dehler offered an amendment to S. F. No. 2116, as amended.
Osthoff raised a point of order pursuant to rule 3.09 that the Dehler amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
S. F. No. 2116, A bill for an act relating to liquor; allowing persons holding either the proper license or permit to charge for possession; exempting certain types of wine tastings from authorized testings; regulating malt liquor furnished for sampling; providing for authority of the cities of Wadena, Eagan, and West St. Paul to issue on-sale licenses; authorizing certain cities to issue a temporary license for a certain wine auction; amending Minnesota Statutes 1994, sections 340A.418, subdivision 2; and 340A.510; Minnesota Statutes 1995 Supplement, sections 340A.401; and 340A.404, subdivision 10; Laws 1994, chapter 611, section 32; proposing coding for new law in Minnesota Statutes, chapter 340A; repealing Laws 1974, chapter 452.
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 11 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Knoblach Olson, E. Stanek Anderson, R. Garcia Koppendrayer Opatz Sviggum Bakk Girard Kraus Orenstein Swenson, D. Bertram Goodno Krinkie Orfield Swenson, H. Bettermann Greenfield Larsen Osskopp Sykora Bishop Greiling Leighton Osthoff Tomassoni Boudreau Gunther Leppik Ostrom Tompkins Bradley Haas Lieder Otremba Trimble Broecker Hackbarth Long Ozment Tunheim Carlson, L. Harder Lourey Paulsen Van Dellen Carlson, S. Hasskamp Luther Pawlenty Van Engen Commers Hausman Lynch Pellow Vickerman Cooper Holsten Macklin Pelowski Warkentin Daggett Huntley Mahon Perlt Weaver Dauner Jaros Mares Peterson Wenzel Davids Jennings Mariani Pugh Winter Dawkins Johnson, A. Marko Rest Wolf Dehler Johnson, R. McCollum Rhodes Worke Delmont Johnson, V. McElroy Rostberg Workman Dempsey Kahn McGuire Rukavina Sp.Anderson,I Dorn Kalis Molnau Sarna Entenza Kelley Mulder Schumacher Erhardt Kelso Munger Seagren Farrell Kinkel Murphy Smith Finseth Knight Ness SolbergThose who voted in the negative were:
Anderson, B. Lindner Onnen Wagenius Brown Milbert Skoglund Wejcman Clark Olson, M. TumaThe bill was passed, as amended, and its title agreed to.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2625:
Wenzel, Farrell and Knoblach.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1872:
Wejcman, Clark and Stanek.
Ostrom moved that the bills on General Orders for today be continued. The motion prevailed.
Kraus moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Friday, March 8, 1996, when the vote was taken on the final passage of H. F. No. 1800, as amended." The motion prevailed.
Bishop moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 8, 1996, when the vote was taken on the final passage of H. F. No. 2256." The motion prevailed.
Bishop moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 8, 1996, when the vote was taken on the final passage of H. F. No. 2588." The motion prevailed.
Harder moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Friday, March 8, 1996, when the vote was taken on the final passage of S. F. No. 1872." The motion prevailed.
Bishop moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 8, 1996, when the vote was taken on the final passage of S. F. No. 1981, as amended." The motion prevailed.
McCollum moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 8, 1996, when the vote was taken on the final passage of S. F. No. 2317." The motion prevailed.
Cooper moved that S. F. No. 2319 be recalled from the Committee on Rules and Legislative Administration and together with H. F. No. 2229, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
Carruthers moved that when the House adjourns today it adjourn until 10:30 a.m., Tuesday, March 12, 1996. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:30 a.m., Tuesday, March 12, 1996.
Edward A. Burdick, Chief Clerk, House of Representatives
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