Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 5981

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 2000

__________________

SEVENTY-SEVENTH DAY

Saint Paul, Minnesota, Thursday, February 24, 2000

This Journal as a PDF document

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

Prayer was offered by Father Lee Pich‚, Church of St. Joseph, 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:

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

A quorum was present.

Bakk, McElroy, Van Dellen and Wejcman were excused.

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


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REPORTS OF CHIEF CLERK

S. F. No. 2510 and H. F. No. 3220, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Smith moved that the rules be so far suspended that S. F. No. 2510 be substituted for H. F. No. 3220 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Davids from the Committee on Commerce to which was referred:

H. F. No. 562, A bill for an act relating to commerce; regulating collection agencies; exempting out-of-state agencies from regulation; providing an exception; amending Minnesota Statutes 1998, section 332.31, subdivisions 3, 6, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 332.31, is amended by adding a subdivision to read:

Subd. 7. [EXEMPT OUT-OF-STATE COLLECTION AGENCY.] "Exempt out-of-state collection agency" means a collection agency that has no physical presence in this state, that is engaged in the business of collecting claims on behalf of creditors that have no physical presence in this state, and that only conducts business within this state by means of interstate communications including telephone, mail, and facsimile transmission.

Sec. 2. [332.335] [EXEMPTION FROM LICENSURE.]

Subdivision 1. [EXEMPTION FROM LICENSURE.] An exempt out-of-state collection agency, as defined by section 332.31, subdivision 7, that has obtained a certificate of exemption under subdivision 2 is exempt from the collector and collection agency licensing requirements of this chapter, but is subject to all other provisions of sections 45.027 and 332.31 to 332.45.

Subd. 2. [CERTIFICATE OF EXEMPTION.] To qualify as an exempt out-of-state collection agency, a person, except for those excluded from the definition of collection agency under section 332.32, must, before initiating collection activity, obtain a certificate of exemption from the commissioner. A certificate of exemption must be issued upon the applicant's filing an application on a form approved by the commissioner if the applicant is found to be qualified under this chapter. The form must include:

(1) a signed statement that the exempt out-of-state collection agency holds a valid license to do business as a collection agency in another state whose requirements for licensing are similar to the requirements imposed under this chapter along with a copy of the licensing document from the other state;

(2) certification that the exempt out-of-state collection agency will not solicit or collect claims for any creditor who has a business presence in this state. A creditor has a business presence in this state if either the creditor or an affiliate or subsidiary of the creditor has an office in this state;


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(3) certification that the exempt out-of-state collection agency will not establish a physical presence in this state and that all collection activity in this state will be conducted exclusively by means of interstate communications including telephone, mail, or facsimile transmission;

(4) evidence of a corporate surety bond substantially similar, as determined by the commissioner, to the bond required under section 332.34;

(5) appointment of the commissioner as the exempt out-of-state collection agency's agent for service of process in this state; and

(6) written acknowledgment that the exempt out-of-state collection agency agrees to be subject to the jurisdiction of Minnesota courts and the Minnesota Administrative Procedures Act, chapter 14, in connection with the commissioner's enforcement of Minnesota law pertaining to collection activities in Minnesota, including compliance with this chapter and chapter 45.

Subd. 3. [NOTICE.] An exempt out-of-state collection agency must advise the commissioner of any material changes to the information submitted in the most recent application within ten days of the change.

Subd. 4. [LOSS OF EXEMPTION.] In addition to fines and other authorized sanctions, a certificate of exemption is considered revoked if the exempt out-of-state collection agency is found to be in violation of any provision of Minnesota Statutes, chapter 45 or 332, or the Fair Debt Collection Practices Act of 1977, United States Code, title 15, sections 1691 to 1693r."

Delete the title and insert:

"A bill for an act relating to commerce; regulating collection agencies; exempting out-of-state agencies from licensure under certain conditions; amending Minnesota Statutes 1998, section 332.31, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 332."

With the recommendation that when so amended the bill pass.

The report was adopted.

Davids from the Committee on Commerce to which was referred:

H. F. No. 1094, A bill for an act relating to commerce; providing that intangible property does not include gift certificates or layaway accounts; amending Minnesota Statutes 1998, section 345.39, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 2, after "property" insert "for services"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1201, A bill for an act relating to agriculture; expanding the definition of family farm partnership; amending Minnesota Statutes 1998, section 500.24, subdivision 2.

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1999 Supplement, section 500.24, subdivision 2, is amended to read:

Subd. 2. [DEFINITIONS.] The definitions in this subdivision apply to this section.

(a) "Farming" means the production of (1) agricultural products; (2) livestock or livestock products; (3) milk or milk products; or (4) fruit or other horticultural products. It does not include the processing, refining, or packaging of said products, nor the provision of spraying or harvesting services by a processor or distributor of farm products. It does not include the production of timber or forest products, the production of poultry or poultry products, or the feeding and caring for livestock that are delivered to a corporation for slaughter or processing for up to 20 days before slaughter or processing.

(b) "Family farm" means an unincorporated farming unit owned by one or more persons residing on the farm or actively engaging in farming.

(c) "Family farm corporation" means a corporation founded for the purpose of farming and the ownership of agricultural land in which the majority of the voting stock is held by and the majority of the stockholders are persons or the spouses of persons related to each other within the third degree of kindred according to the rules of the civil law, and at least one of said the related persons is residing on or actively operating the farm, and none of whose stockholders are corporations; provided that a family farm corporation shall not cease to qualify as such hereunder by reason of any devise or bequest of shares of voting stock.

(d) "Authorized farm corporation" means a corporation meeting the following standards:

(1) it has no more than five shareholders;

(2) all its shareholders, other than any estate, are natural persons;

(3) it does not have more than one class of shares;

(4) its revenue from rent, royalties, dividends, interest, and annuities does not exceed 20 percent of its gross receipts;

(5) shareholders holding 51 percent or more of the interest in the corporation reside on the farm or are actively engaging in farming;

(6) it does not, directly or indirectly, own or otherwise have an interest in any title to more than 1,500 acres of agricultural land; and

(7) none of its shareholders are shareholders in other authorized farm corporations that directly or indirectly in combination with the corporation own more than 1,500 acres of agricultural land.

(e) "Authorized livestock farm corporation" means a corporation formed for the production of livestock and meeting the following standards:

(1) it is engaged in the production of livestock other than dairy cattle;

(2) all its shareholders, other than any estate, are natural persons or family farm corporations;

(3) it does not have more than one class of shares;

(4) its revenue from rent, royalties, dividends, interest, and annuities does not exceed 20 percent of its gross receipts;


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(5) shareholders holding 75 percent or more of the control, financial, and capital investment in the corporation are farmers residing in Minnesota and at least 51 percent of the required percentage of farmers are actively engaged in livestock production;

(6) it does not, directly or indirectly, own or otherwise have an interest in any title to more than 1,500 acres of agricultural land; and

(7) none of its shareholders are shareholders in other authorized farm corporations that directly or indirectly in combination with the corporation own more than 1,500 acres of agricultural land.

(f) "Agricultural land" means real estate used for farming or capable of being used for farming in this state.

(g) "Pension or investment fund" means a pension or employee welfare benefit fund, however organized, a mutual fund, a life insurance company separate account, a common trust of a bank or other trustee established for the investment and reinvestment of money contributed to it, a real estate investment trust, or an investment company as defined in United States Code, title 15, section 80a-3.

(h) "Farm homestead" means a house including adjoining buildings that has been used as part of a farming operation or is part of the agricultural land used for a farming operation.

(i) "Family farm partnership" means a limited partnership formed for the purpose of farming and the ownership of agricultural land in which the majority of the interests in the partnership is held by and the majority of the partners are persons or the spouses of persons related to each other within the third degree of kindred according to the rules of the civil law, none of the partners are corporations, and:

(1) at least one of the related persons is residing on or the farm;

(2) at least one of the related persons is actively operating the farm, and none of the partners are corporations; or

(3) the agricultural land owned by the limited partnership was owned by one or more of the related persons for a period of five years before its transfer to the limited partnership. A family farm partnership does not cease to qualify as a family farm partnership because of a devise or bequest of interest in the partnership.

(j) "Authorized farm partnership" means a limited partnership meeting the following standards:

(1) it has been issued a certificate from the secretary of state or is registered with the county recorder and farming and ownership of agricultural land is stated as a purpose or character of the business;

(2) it has no more than five partners;

(3) all its partners, other than any estate, are natural persons;

(4) its revenue from rent, royalties, dividends, interest, and annuities do does not exceed 20 percent of its gross receipts;

(5) its general partners hold at least 51 percent of the interest in the land assets of the partnership and reside on the farm or are actively engaging in farming not more than 1,500 acres as a general partner in an authorized limited partnership;

(6) its limited partners do not participate in the business of the limited partnership including operating, managing, or directing management of farming operations;

(7) it does not, directly or indirectly, own or otherwise have an interest in any title to more than 1,500 acres of agricultural land; and


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(8) none of its limited partners are limited partners in other authorized farm partnerships that directly or indirectly in combination with the partnership own more than 1,500 acres of agricultural land.

(k) "Family farm limited liability company" means a limited liability company founded for the purpose of farming and the ownership of agricultural land in which the majority of the membership interests are held by and the majority of the members are persons or the spouses of persons related to each other within the third degree of kindred according to the rules of the civil law, at least one of the related persons is residing on or actively operating the farm, and none of the members are corporations or limited liability companies. A family farm limited liability company does not cease to qualify as such because of a devise or bequest of membership interests.

(l) "Authorized farm limited liability company" means a limited liability company meeting the following standards:

(1) it has no more than five members;

(2) all its members, other than any estate, are natural persons;

(3) it does not have more than one class of membership interests;

(4) its revenue from rent, royalties, dividends, interest, and annuities does not exceed 20 percent of its gross receipts;

(5) members holding 51 percent or more of both the governance rights and financial rights in the limited liability company reside on the farm or are actively engaged in farming;

(6) it does not, directly or indirectly, own or otherwise have an interest in any title to more than 1,500 acres of agricultural land; and

(7) none of its members are members in other authorized farm limited liability companies that directly or indirectly in combination with the authorized farm limited liability company own more than 1,500 acres of agricultural land.

(m) "Authorized livestock farm limited liability company" means a limited liability company formed for the production of livestock and meeting the following standards:

(1) it is engaged in the production of livestock other than dairy cattle;

(2) all its members, other than any estate, are natural persons or family farm corporations;

(3) it does not have more than one class of membership interests;

(4) its revenue from rent, royalties, dividends, interest, and annuities does not exceed 20 percent of its gross receipts;

(5) members holding 75 percent or more of both the governance rights and financial rights in the limited liability company are farmers residing in Minnesota and at least 51 percent of the required percentage of farmers are actively engaged in livestock production;

(6) it does not, directly or indirectly, own or otherwise have an interest in any title to more than 1,500 acres of agricultural land; and

(7) none of its members are members in other authorized farm limited liability companies that directly or indirectly in combination with the authorized livestock farm limited liability company own more than 1,500 acres of agricultural land.


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(k) (n) "Farmer" means a natural person who regularly participates in physical labor or operations management in the person's farming operation and files "Schedule F" as part of the person's annual Form 1040 filing with the United States Internal Revenue Service.

(l) (o) "Actively engaged in livestock production" means performing day-to-day physical labor or day-to-day operations management that significantly contributes to livestock production and the functioning of a livestock operation.

(m) (p) "Research or experimental farm" means a corporation, limited partnership, limited liability company, or pension or investment fund that owns or operates agricultural land for research or experimental purposes, provided that any commercial sales from the operation are incidental to the research or experimental objectives of the corporation. A corporation, limited partnership, limited liability company, or pension or investment fund seeking initial approval by the commissioner to operate agricultural land for research or experimental purposes must first submit to the commissioner a prospectus or proposal of the intended method of operation containing information required by the commissioner including a copy of any operational contract with individual participants.

(n) (q) "Breeding stock farm" means a corporation or, limited partnership, or limited liability company that owns land for the purpose of raising breeding stock, including embryos, for resale to farmers or for the purpose of growing seed, wild rice, nursery plants, or sod. An entity that is organized to raise livestock other than dairy cattle under this paragraph that does not qualify as an authorized farm corporation must:

(1) sell all castrated animals to be fed out or finished to farming operations that are neither directly nor indirectly owned by the business entity operating the breeding stock operation; and

(2) report its total production and sales annually to the commissioner.

(o) (r) "Aquatic farm" means a corporation or, limited partnership, or limited liability company that owns or leases agricultural land as a necessary part of an aquatic farm as defined in section 17.47, subdivision 3.

(p) (s) "Religious farm" means a corporation formed primarily for religious purposes whose sole income is derived from agriculture.

(q) (t) "Utility corporation" means a corporation regulated under Minnesota Statutes 1974, chapter 216B, that owns agricultural land for purposes described in that chapter, or an electric generation or transmission cooperative that owns agricultural land for use in its business if the land is not used for farming except under lease to a family farm unit, a family farm corporation, or a family farm partnership, or a family farm limited liability company.

(r) (u) "Benevolent trust" means a pension fund or family trust established by the owners of a family farm, authorized farm corporation, authorized livestock farm corporation, or family farm corporation, family farm limited liability company, authorized farm limited liability company, or authorized livestock farm limited liability company that holds an interest in title to agricultural land on which one or more of those owners or, shareholders, or members have resided or have been actively engaged in farming as required by paragraph (b), (c), (d), or (e), (k), (l), or (m).

(s) (v) "Development organization" means a corporation, limited partnership, limited liability company, or pension or investment fund that owns agricultural land for which the corporation, limited partnership, or pension or investment organization or fund has documented plans to use and subsequently uses the land within six years from the date of purchase for a specific nonfarming purpose, or if the land is zoned nonagricultural, or if the land is located within an incorporated area. A corporation, limited partnership, limited liability company, or pension or investment fund may hold agricultural land in the amount necessary for its nonfarm business operation; provided, however, that pending the development of agricultural land for nonfarm purposes, the land may not be used for farming except under lease to a family farm unit, a family farm corporation, an authorized farm corporation, an authorized livestock farm corporation, a family farm partnership, or an authorized farm partnership, a family farm limited liability company, an authorized farm limited liability company, or an authorized livestock farm limited liability company, or except when controlled through ownership, options, leaseholds, or other agreements by a


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corporation that has entered into an agreement with the United States under the New Community Act of 1968 (Title IV of the Housing and Urban Development Act of 1968, United States Code, title 42, sections 3901 to 3914) as amended, or a subsidiary or assign of such a corporation.

(t) (w) "Exempt land" means agricultural land owned or leased by a corporation as of May 20, 1973, agricultural land owned or leased by a pension or investment fund as of May 12, 1981, or agricultural land owned or leased by a limited partnership as of May 1, 1988, including the normal expansion of that ownership at a rate not to exceed 20 percent of the amount of land owned as of May 20, 1973, for a corporation; May 12, 1981, for a pension or investment fund; or May 1, 1988, for a limited partnership, measured in acres, in any five-year period, and including additional ownership reasonably necessary to meet the requirements of pollution control rules. A corporation, limited partnership, or pension or investment fund that is eligible to own or lease agricultural land under this section prior to May 1997 may continue to own or lease agricultural land subject to the same conditions and limitations as previously allowed.

(u) (x) "Gifted land" means agricultural land acquired as a gift, either by grant or devise, by an educational, religious, or charitable nonprofit corporation, limited partnership, limited liability company, or pension or investment fund if all land so acquired is disposed of within ten years after acquiring the title.

(v) (y) "Repossessed land" means agricultural land acquired by a corporation, limited partnership, limited liability company, or pension or investment fund by process of law in the collection of debts, or by any procedure for the enforcement of a lien or claim on the land, whether created by mortgage or otherwise if all land so acquired is disposed of within five years after acquiring the title. The five-year limitation is a covenant running with the title to the land against any grantee, assignee, or successor of the pension or investment fund, corporation, or limited partnership, or limited liability company. The land so acquired must not be used for farming during the five-year period, except under a lease to a family farm unit, a family farm corporation, an authorized farm corporation, an authorized livestock farm corporation, a family farm partnership, or an authorized farm partnership, a family farm limited liability company, an authorized farm limited liability company, or an authorized livestock farm limited liability company. Notwithstanding the five-year divestiture requirement under this paragraph, a financial institution may continue to own the agricultural land if the agricultural land is leased to the immediately preceding former owner, but must dispose of the agricultural land within ten years of acquiring the title. Livestock acquired by a pension or investment fund, corporation, or limited partnership, or limited liability company, in the collection of debts, or by a procedure for the enforcement of lien or claim on the livestock whether created by security agreement or otherwise after August 1, 1994, must be sold or disposed of within one full production cycle for the type of livestock acquired or 18 months after the livestock is acquired, whichever is later.

(w) (z) "Commissioner" means the commissioner of agriculture.

(x) (aa) "Demonstration corporation" means a nonprofit corporation organized under state nonprofit corporation law and primarily for the purpose of demonstrating historical farming practices.

Sec. 2. Minnesota Statutes 1999 Supplement, section 500.24, subdivision 3, is amended to read:

Subd. 3. [FARMING AND OWNERSHIP OF AGRICULTURAL LAND BY CORPORATIONS RESTRICTED.] No corporation, limited liability company, pension or investment fund, or limited partnership shall engage in farming; nor shall any corporation, limited liability company, pension or investment fund, or limited partnership, directly or indirectly, own, acquire, or otherwise obtain any interest, in agricultural land other than a bona fide encumbrance taken for purposes of security. This subdivision does not apply to general partnerships. This subdivision does not apply to any agricultural land, corporation, limited partnership, or pension or investment fund, or limited liability company that meet meets any of the definitions in subdivision 2, paragraphs (b) to (e), (i), (j), to (m), and (m) (p) to (v) (y), and (x) (aa), has a conservation plan prepared for the agricultural land, and reports as required under subdivision 4.


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Sec. 3. Minnesota Statutes 1998, section 500.24, subdivision 3a, is amended to read:

Subd. 3a. [LEASE AGREEMENT; CONSERVATION PRACTICE PROTECTION CLAUSE.] A corporation, pension or investment fund, or limited partnership, or limited liability company other than a family farm corporation, an authorized farm corporation, an authorized livestock farm corporation, a family farm partnership, or an authorized farm partnership those meeting any of the definitions in subdivision 2, paragraphs (c) to (e) or (i) to (m), when leasing farm land to a family farm unit, a family farm corporation, an authorized farm corporation, an authorized livestock farm corporation, a family farm partnership, or an authorized farm partnership, a family farm limited liability company, an authorized farm limited liability company, or an authorized livestock farm limited liability company, under provisions of subdivision 2, paragraph (v) (y), must include within the lease agreement a provision prohibiting intentional damage or destruction to a conservation practice on the agricultural land.

Sec. 4. Minnesota Statutes 1998, section 500.24, subdivision 3b, is amended to read:

Subd. 3b. [PROTECTION OF CONSERVATION PRACTICES.] A corporation, pension or investment fund, or limited partnership, or limited liability company other than a family farm corporation, an authorized farm corporation, an authorized livestock farm corporation, a family farm partnership, or authorized farm partnership those meeting any of the definitions in subdivision 2, paragraphs (c) to (e) or (i) to (m), which, during the period of time it holds agricultural land under subdivision 2, paragraph (v) (y), intentionally destroys a conservation practice as defined in section 103F.401, subdivision 3, to which the state has made a financial contribution, must pay the commissioner, for deposit in the general fund, an amount equal to the state's total contributions to that conservation practice plus interest from the time of investment in the conservation practice. Interest must be calculated at an annual percentage rate of 12 percent.

Sec. 5. Minnesota Statutes 1998, section 500.24, subdivision 4, is amended to read:

Subd. 4. [REPORTS.] (a) The chief executive officer of every pension or investment fund, corporation, or limited partnership, or limited liability company that holds any interest in agricultural land or land used for the breeding, feeding, pasturing, growing, or raising of livestock, dairy or poultry, or products thereof, or land used for the production of agricultural crops or fruit or other horticultural products, other than a bona fide encumbrance taken for purposes of security, or which is engaged in farming or proposing to commence farming in this state after May 20, 1973, shall file with the commissioner a report containing the following information and documents:

(1) the name of the pension or investment fund, corporation, or limited partnership, or limited liability company and its place of incorporation, certification, or registration;

(2) the address of the pension or investment plan headquarters or of the registered office of the corporation in this state, the name and address of its registered agent in this state and, in the case of a foreign corporation or, limited partnership, or limited liability company, the address of its principal office in its place of incorporation, certification, or registration;

(3) the acreage and location listed by quarter-quarter section, township, and county of each lot or parcel of agricultural land or land used for the keeping or feeding of poultry in this state owned or leased by the pension or investment fund, limited partnership, or corporation, or limited liability company;

(4) the names and addresses of the officers, administrators, directors, or trustees of the pension or investment fund, or of the officers, and shareholders owning more than ten percent of the stock, including the percent of stock owned by each such shareholder, and the members of the board of directors of the corporation, the members of the limited liability company, and the general and limited partners and the percentage of interest in the partnership by each partner;

(5) the farm products which the pension or investment fund, limited partnership, or corporation, or limited liability company produces or intends to produce on its agricultural land;


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(6) with the first report, a copy of the title to the property where the farming operations are or will occur indicating the particular exception claimed under subdivision 3; and

(7) with the first or second report, a copy of the conservation plan proposed by the soil and water conservation district, and with subsequent reports a statement of whether the conservation plan was implemented.

The report of a corporation an organization seeking to qualify hereunder as a family farm corporation, an authorized farm corporation, an authorized livestock farm corporation, a family farm partnership, or an authorized farm partnership, a family farm limited liability company, an authorized farm limited liability company, or an authorized livestock farm limited liability company shall contain the following additional information: the number of shares or the, partnership interests, or governance and financial rights owned by persons residing on the farm or actively engaged in farming, or their relatives within the third degree of kindred according to the rules of the civil law or their spouses; the name, address, and number of shares owned by each shareholder or, partnership interests owned by each partner;, or governance and financial rights owned by each member, and a statement as to percentage of gross receipts of the corporation derived from rent, royalties, dividends, interest, and annuities. No pension or investment fund, limited partnership, or corporation, or limited liability company shall commence farming in this state until the commissioner has inspected the report and certified that its proposed operations comply with the provisions of this section.

(b) Every pension or investment fund, limited partnership, or corporation, or limited liability company as described in paragraph (a) shall, prior to April 15 of each year, file with the commissioner a report containing the information required in paragraph (a), based on its operations in the preceding calendar year and its status at the end of the year. A pension or investment fund, limited partnership, or corporation, or limited liability company that does not file the report by April 15 must pay a $500 civil penalty. The penalty is a lien on the land being farmed under subdivision 3 until the penalty is paid.

(c) The commissioner may, for good cause shown, issue a written waiver or reduction of the civil penalty for failure to make a timely filing of the annual report required by this subdivision. The waiver or reduction is final and conclusive with respect to the civil penalty, and may not be reopened or modified by an officer, employee, or agent of the state, except upon a showing of fraud or malfeasance or misrepresentation of a material fact. The report required under paragraph (b) must be completed prior to a reduction or waiver under this paragraph. The commissioner may enter into an agreement under this paragraph only once for each corporation or partnership.

(d) Failure to file a required report or the willful filing of false information is a gross misdemeanor.

Sec. 6. Minnesota Statutes 1999 Supplement, section 500.245, subdivision 1, is amended to read:

Subdivision 1. [DISPOSAL OF LAND.] (a) A state or federal agency, limited partnership, or a corporation, or limited liability company may not lease or sell agricultural land or a farm homestead before offering or making a good faith effort to offer the land for sale or lease to the immediately preceding former owner at a price no higher than the highest price offered by a third party that is acceptable to the seller or lessor. The offer must be made on the notice to offer form under subdivision 2. The requirements of this subdivision do not apply to a sale or lease by a corporation that is a family farm corporation or an authorized farm corporation or to a sale or lease by the commissioner of agriculture of property acquired by the state under the family farm security program under chapter 41. This subdivision applies only to a sale or lease when the seller or lessor acquired the property by enforcing a debt against the agricultural land or farm homestead, including foreclosure of a mortgage, accepting a deed in lieu of foreclosure, terminating a contract for deed, or accepting a deed in lieu of terminating a contract for deed. Selling or leasing property to a third party at a price is prima facie evidence that the price is acceptable to the seller or lessor. The seller must provide written notice to the immediately preceding former owner that the agricultural land or farm homestead will be offered for sale at least 14 days before the agricultural land or farm homestead is offered for sale.


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(b) An immediately preceding former owner is the entity with record legal title to the agricultural land or farm homestead before acquisition by the state or federal agency or corporation except: if the immediately preceding former owner is a bankruptcy estate, the debtor in bankruptcy is the immediately preceding former owner; and if the agricultural land or farm homestead was acquired by termination of a contract for deed or deed in lieu of termination of a contract for deed, the immediately preceding former owner is the purchaser under the contract for deed. For purposes of this subdivision, only a family farm, family farm corporation, or family farm partnership, or family farm limited liability company can be an immediately preceding former owner.

(c) An immediately preceding former owner may elect to purchase or lease the entire property or an agreed to portion of the property. If the immediately preceding former owner elects to purchase or lease a portion of the property, the election must be reported in writing to the seller or lessor prior to the time the property is first offered for sale or lease. If election is made to purchase or lease a portion of the property, the portion must be contiguous and compact so that it does not unreasonably reduce access to or the value of the remaining property.

(d) For purposes of this subdivision, the term "a price no higher than the highest price offered by a third party" means the acceptable cash price offered by a third party or the acceptable time-price offer made by a third party. A cash price offer is one that involves simultaneous transfer of title for payment of the entire amount of the offer. If the acceptable offer made by a third party is a time-price offer, the seller or lessor must make the same time-price offer or an equivalent cash offer to the immediately preceding former owner. An equivalent cash offer is equal to the total of the payments made over a period of the time-price offer discounted by yield curve of the United States treasury notes and bonds of similar maturity on the first business day of the month in which the offer is personally delivered or mailed for time periods similar to the time period covered by the time-price offer, plus 2.0 percent. A time-price offer is an offer that is financed entirely or partially by the seller and includes an offer to purchase under a contract for deed or mortgage. An equivalent cash offer is not required to be made if the state participates in an offer to a third party through the rural finance authority.

(e) This subdivision applies to a seller when the property is sold and to a lessor each time the property is leased, for the time period specified in section 500.24, subdivision 2, paragraph (v), after the agricultural land is acquired except:

(1) an offer to lease to the immediately preceding former owner is required only until the immediately preceding owner fails to accept an offer to lease the property or the property is sold;

(2) an offer to sell to the immediately preceding former owner is required until the property is sold; and

(3) if the immediately preceding former owner elects to lease or purchase a portion of the property, this subdivision does not apply to the seller with regard to the balance of the property after the election is made under paragraph (c).

(f) The notice of an offer under subdivision 2 that is personally delivered with a signed receipt or sent by certified mail with a receipt of mailing to the immediately preceding former owner's last known address is a good faith offer.

(g) This subdivision does not apply to a sale or lease that occurs after the seller or lessor has held the property for the time period specified in section 500.24, subdivision 2, paragraph (v).

(h) For purposes of this subdivision, if the immediately preceding former owner is a bankruptcy estate the debtor in the bankruptcy is the immediately preceding owner.

(i) The immediately preceding former owner must exercise the right to lease all or a portion of the agricultural land or a homestead located on agricultural land in writing within 15 days after an offer to lease under this subdivision is mailed with a receipt of mailing or personally delivered. If election is made to lease only the homestead or a portion of the agricultural land, the portion to be leased must be clearly identified in writing. The immediately preceding former owner must exercise the right to buy the agricultural land, a portion of the agricultural land, or a farm homestead located on agricultural land, in writing, within 65 days after an offer to buy under this


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 5992

subdivision is mailed with a receipt of mailing or is personally delivered. Within ten days after exercising the right to lease or buy by accepting the offer, the immediately preceding owner must fully perform according to the terms of the offer including paying the amounts due. A seller may sell and a lessor may lease the agricultural land or farm homestead subject to this subdivision to the third party in accordance with their lease or purchase agreement if:

(1) the immediately preceding former owner does not accept an offer to lease or buy before the offer terminates; or

(2) the immediately preceding former owner does not perform the obligations of the offer, including paying the amounts due, within ten days after accepting the offer.

(j) A certificate indicating whether or not the property contains agricultural land or a farm homestead that is signed by the county assessor where the property is located and recorded in the office of the county recorder or the registrar of titles where the property is located is prima facie evidence of whether the property is agricultural land or a farm homestead.

(k) As prima facie evidence that an offer to sell or lease agricultural land or a farm homestead has terminated, a receipt of mailing the notice under subdivision 2 and an affidavit, signed by a person authorized to act on behalf of a state, federal agency, or corporation selling or leasing the agricultural land or a farm homestead may be filed in the office of the county recorder or registrar of titles of the county where the agricultural land or farm homestead is located. The affidavit must state that:

(1) notice of an offer to buy or lease the agricultural land or farm homestead was provided to the immediately preceding former owner at a price not higher than the highest price offered by a third party that is acceptable;

(2) the time during which the immediately preceding former owner is required to exercise the right to buy or lease the agricultural land or farm homestead has expired;

(3) the immediately preceding former owner has not exercised the right to buy or lease the agricultural land or farm homestead as provided in this subdivision or has accepted an offer and has not fully performed according to the terms of the offer; and

(4) the offer to the immediately preceding former owner has terminated.

(l) The right of an immediately preceding former owner to receive an offer to lease or purchase agricultural land under this subdivision or to lease or purchase at a price no higher than the highest price offered by a third party that is acceptable to the seller or lessor may be extinguished or limited by an express statement signed by the immediately preceding owner that complies with the plain language requirements of section 325G.31. The right may not be extinguished or limited except by:

(1) an express statement in a deed in lieu of foreclosure of the agricultural land;

(2) an express statement in a deed in lieu of a termination of a contract for deed for the agricultural land;

(3) an express statement conveying the right to the state or federal agency or corporation owning the agricultural land that is required to make an offer under this subdivision; however, the preceding former owner may rescind the conveyance by notifying the state or federal agency or corporation in writing within 20 calendar days after signing the express statement;

(4) to cure a title defect, an express statement conveying the right may be made to a person to whom the agricultural land has been transferred by the state or federal agency or corporation; or


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 5993

(5) an express statement conveying the right to a contract for deed vendee to whom the agricultural land or farm homestead was sold under a contract for deed by the immediately preceding former owner if the express statement and the contract for deed are recorded.

(m) The right of an immediately preceding former owner to receive an offer to lease or purchase agricultural land under this subdivision may not be assigned or transferred except as provided in paragraph (l), but may be inherited.

(n) An immediately preceding former owner, except a former owner who is actively engaged in farming as defined in section 500.24, subdivision 2, paragraph (a), and who agrees to remain actively engaged in farming on a portion of the agricultural land or farm homestead for at least one year after accepting an offer under this subdivision, may not sell agricultural land acquired by accepting an offer under this subdivision if the arrangement of the sale was negotiated or agreed to prior to the former owner accepting the offer under this subdivision. A person who sells property in violation of this paragraph is liable for damages plus reasonable attorney fees to a person who is damaged by a sale in violation of this paragraph. There is a rebuttable presumption that a sale by an immediately preceding former owner is in violation of this paragraph if the sale takes place within 270 days of the former owner accepting the offer under this subdivision. This paragraph does not apply to a sale by an immediately preceding former owner to the owner's spouse, the owner's parents, the owner's sisters and brothers, the owner's spouse's sisters and brothers, or the owner's children.

Sec. 7. Minnesota Statutes 1998, section 500.245, subdivision 2, is amended to read:

Subd. 2. [NOTICE OF OFFER.] (a) The state, a federal agency, limited partnership, or a corporation, or limited liability company subject to subdivision 1 must provide a notice of an offer to sell or lease agricultural land substantially as follows, after inserting the appropriate terms within the parentheses:

"NOTICE OF OFFER TO (LEASE, BUY) AGRICULTURAL LAND

TO: (. . . Immediately preceding former owner. . .)

FROM: (. . .The state, federal agency, limited

partnership, or corporation, or limited

liability company subject to

subdivision 1. . .)

DATE: (. . .date notice is mailed or personally

delivered. . .)

(. . .The state, federal agency, limited partnership, or corporation, or limited liability company. . .) HAS ACQUIRED THE AGRICULTURAL LAND DESCRIBED BELOW AND HAS RECEIVED AN ACCEPTABLE OFFER TO (LEASE, SELL) THE AGRICULTURAL LAND FROM ANOTHER PARTY. UNDER MINNESOTA STATUTES, SECTION 500.245, SUBDIVISION 1, AN OFFER FROM (. . .the state, federal agency, limited partnership, or corporation, or limited liability company. . .) MUST BE MADE TO YOU AT A PRICE NO HIGHER THAN THE HIGHEST OFFER MADE BY ANOTHER PARTY.

THE AGRICULTURAL LAND BEING OFFERED CONTAINS APPROXIMATELY (. . .approximate number of acres. . .) ACRES AND IS INFORMALLY DESCRIBED AS FOLLOWS:

(Informal description of the agricultural land being offered that reasonably describes the land. This description does not need to be a legal description.)


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 5994

(. . .The state, federal agency, limited partnership, or corporation, or limited liability company. . .) OFFERS TO (SELL, LEASE) THE AGRICULTURAL LAND DESCRIBED ABOVE FOR A CASH PRICE OF $(. . .cash price or equivalent cash price for lease and lease period, or cash price or equivalent cash price for sale of land. . .), WHICH IS NOT HIGHER THAN THE PRICE OFFERED BY ANOTHER PARTY. THE PRICE IS OFFERED ON THE FOLLOWING TERMS:

(Terms, if any, of acceptable offer)

IF YOU WANT TO ACCEPT THIS OFFER YOU MUST NOTIFY (. . .the state, federal agency, limited partnership, or corporation, or limited liability company. . .) IN WRITING THAT YOU ACCEPT THE OFFER OR SIGN UNDERNEATH THE FOLLOWING PARAGRAPH AND RETURN A COPY OF THIS NOTICE BY (15 for a lease, 65 for a sale) DAYS AFTER THIS NOTICE IS PERSONALLY DELIVERED OR MAILED TO YOU. THE OFFER IN THIS NOTICE TERMINATES ON (. . .date of termination - 15 days for lease and 65 days for sale after date of mailing or personal delivery. . .)

ACCEPTANCE OF OFFER

I ACCEPT THE OFFER TO (BUY, LEASE) THE AGRICULTURAL LAND DESCRIBED ABOVE AT THE PRICE OFFERED TO ME IN THIS NOTICE. AS PART OF ACCEPTING THIS OFFER I WILL PERFORM ACCORDING TO THE TERMS OF THE OFFER, INCLUDING MAKING PAYMENTS DUE UNDER THE OFFER, WITHIN TEN DAYS AFTER THE DATE I ACCEPT THIS OFFER. I UNDERSTAND THAT NEGOTIATING OR AGREEING TO AN ARRANGEMENT TO SELL THE AGRICULTURAL LAND TO ANOTHER PERSON PRIOR TO ACCEPTING THIS OFFER MAY BE A VIOLATION OF LAW AND I MAY BE LIABLE TO A PERSON DAMAGED BY THE SALE.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of Former Owner Accepting Offer

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date"

IMPORTANT NOTICE

ANY ACTION FOR THE RECOVERY OF THE AGRICULTURAL LAND DESCRIBED ABOVE OR ANY ACTION FOR DAMAGES, EXCEPT FOR DAMAGES FOR FRAUD, REGARDING THIS OFFER MUST BE COMMENCED BY A LAWSUIT BEFORE THE EXPIRATION OF THREE YEARS AFTER THIS LAND IS SOLD TO ANOTHER PARTY. UPON FILING A LAWSUIT, YOU MUST ALSO FILE A NOTICE OF LIS PENDENS WITH THE COUNTY RECORDER OR REGISTRAR OF TITLES IN THE COUNTY WHERE THE LAND IS LOCATED.

(b) For an offer to sell, a copy of the purchase agreement containing the price and terms of the highest offer made by a third party that is acceptable to the seller and a signed affidavit by the seller affirming that the purchase agreement is true, accurate, and made in good faith must be included with the notice under this subdivision. At the seller's discretion, reference to the third party's identity may be deleted from the copy of the purchase agreement.

(c) For an offer to lease, a copy of the lease containing the price and terms of the highest offer made by a third party that is acceptable to the lessor and a signed affidavit by the lessor affirming that the lease is true, accurate, and made in good faith must be included with the notice under this subdivision. At the lessor's discretion, reference to the third party's identity may be deleted from the copy of the lease agreement.

(d) The affidavit under paragraphs (b) and (c) is subject to section 609.48."


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 5995

Delete the title and insert:

"A bill for an act relating to agriculture; expanding the definition of a family farm partnership; removing limitations on ownership and use of agricultural lands by limited liability companies; amending Minnesota Statutes 1998, sections 500.24, subdivisions 3a, 3b, and 4; and 500.245, subdivision 2; Minnesota Statutes 1999 Supplement, sections 500.24, subdivisions 2 and 3; and 500.245, subdivision 1."

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

The report was adopted.

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

H. F. No. 2518, A bill for an act relating to state government; providing an income tax checkoff to fund a program for rewarding state employees whose suggestions improve government efficiency; appropriating money; amending Minnesota Statutes 1998, sections 181.932, subdivision 1; and 290.06, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 181.932, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 465.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 181.932, subdivision 1, is amended to read:

Subdivision 1. [PROHIBITED ACTION.] An employer shall not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:

(a) the employee, or a person acting on behalf of an employee, in good faith, reports a violation or suspected violation of any federal or state law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official;

(b) the employee is requested by a public body or office to participate in an investigation, hearing, inquiry;

(c) the employee refuses an employer's order to perform an action that the employee has an objective basis in fact to believe violates any state or federal law or rule or regulation adopted pursuant to law, and the employee informs the employer that the order is being refused for that reason; or

(d) the employee, in good faith, reports a situation in which the quality of health care services provided by a health care facility, organization, or health care provider violates a standard established by federal or state law or a professionally recognized national clinical or ethical standard and potentially places the public at risk of harm; or

(e) a state employee or former state employee submits a proposal to the board of government innovation and cooperation under section 465.7975.

Sec. 2. Minnesota Statutes 1999 Supplement, section 181.932, subdivision 2, is amended to read:

Subd. 2. [DISCLOSURE OF IDENTITY.] The identity of any employee making a report to a governmental body or law enforcement official under subdivision 1, clause (a) or (d), is private data on individuals as defined in section 13.02. The identity of a state employee or former state employee submitting a proposal under subdivision 1, clause (e), is private data on individuals to the extent provided in section 465.7975. The identity of an employee providing information under subdivision 1, clause (b), is private data on individuals if:


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 5996

(1) the employee would not have provided the information without an assurance that the employee's identity would remain private, because of a concern that the employer would commit an action prohibited under subdivision 1 or that the employee would be subject to some other form of retaliation; or

(2) the state agency, statewide system, or political subdivision reasonably believes that the employee would not have provided the data because of that concern.

If the disclosure is necessary for prosecution, the identity of the employee may be disclosed but the employee shall be informed prior to the disclosure.

Sec. 3. [465.7975] [PROPOSALS.]

Subdivision 1. [PROGRAM ESTABLISHMENT.] The board shall establish and promote a program to solicit proposals from state employees and former state employees for ways to reduce the cost of operating state government or for ways of providing the state better or more efficient service. The program must include potential for sharing savings with an employee, former employee, or group of current or former employees whose proposal results in a cost savings to the state. For purposes of this section, state "employee" has the meaning defined in section 43A.02, subdivision 21.

Subd. 2. [PROCESS.] (a) A state employee, former state employee, or a group of state employees or former state employees may submit a proposal to the board for reducing the cost of operating state government or for providing the state better or more efficient service. The board may develop a recommended form for submission of proposals.

(b) The board must decide how to act on each proposal. The board must determine which proposals warrant consideration for award of shared savings payments. In making its determination, the board must consider:

(1) the potential for significant, measurable savings;

(2) the extent to which the proposal goes beyond common ideas for reducing expenditures;

(3) the extent to which the proposal has the potential to reduce expenditures without reducing the quality or level of service that is contemplated by the law establishing the program;

(4) the extent to which people affected by the service are likely to support the proposal, and the potential for including input from affected people in the implementation of the proposal.

(c) If the board determines a proposal does not warrant consideration for a shared savings plan, the board shall forward the proposal to the appropriate state agency for its review and comment. If the board determines a proposal warrants further consideration for shared savings payments, it shall seek review and comments from the appropriate state agency to further analyze the feasibility of the proposal and the extent to which the potential savings could be measured.

Subd. 3. [SHARED SAVINGS PLANS.] (a) An approved shared savings plan must contain the following elements:

(1) a plan to reduce state government costs;

(2) a method of documenting reduction in costs attributable to the plan;

(3) an agreement that a specified percentage of documented net cost savings over a prescribed period of time will be shared, in the form of a one-time payment, with employees or former employees who suggested the plan.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 5997

(b) In approving a shared savings plan, the board shall use the following guidelines in determining the amount of net savings proposed to be shared:

Projected Annual Savings Amount to be shared

$0 to 1,000 20 percent, not to exceed $150

$1,001 to $10,000 15 percent, not to exceed $1,000

$10,001 to $100,000 10 percent, not to exceed $7,500

$100,001 to $500,000 7.5 percent, not to exceed $25,000

$500,001 to $1 million 5 percent, not to exceed $37,500

Over $1 million 3.75 percent, not to exceed $100,000

The percentage to be shared applies only to the first full year of net savings after the proposal has been fully implemented.

(c) A state employee who is represented by an exclusive representative may not receive payments under a shared savings plan except as provided in a collective bargaining agreement.

Subd. 4. [SHARED SAVINGS PAYMENTS.] (a) Shared savings payments may be made only when the board determines that a proposal has been implemented and that the projected savings under the shared savings plan have been realized. This determination, and the calculation of the amount of savings to be shared, is at the sole discretion of the board.

(b) Shared savings payments must be made from funds appropriated for the operation of the agency program that is the subject of the shared savings plan. Shared savings payments under this section are a permissible use of an appropriation for operation of an agency program.

(c) Shared savings payments may not be made to persons who are covered by the managerial plan established in section 43A.18, subdivision 3, or the excluded administrators plan established in section 43A.18, subdivision 3a, unless the board determines that the proposal involves matters that are outside the scope of the manager's normal job duties. A legislator, constitutional officer, judge, or commissioner of an agency listed in section 15.06, subdivision 1, may not make a shared savings proposal and may not receive shared savings payments, but persons who formerly served in these positions may make proposals and receive shared savings payments.

Subd. 5. [AGENCY COOPERATION.] Upon request of the board or its staff, a state agency must cooperate with the board in administration of the suggestion and shared savings program. Requested cooperation may include:

(1) assisting the board in analyzing the merits of a suggestion;

(2) explaining to the board how a suggestion has been implemented, or why it is not feasible or desirable to implement a suggestion, whether or not the suggestion results in a shared savings plan; and

(3) assisting the board in the design and implementation of a shared savings plan.

Subd. 6. [DATA PRACTICES.] The name of an employee or former employee submitting a suggestion to the board is private data on individuals. However, the person's name becomes public data when a shared savings plan is approved by the board. The board must notify affected people who wish to participate in a shared savings plan that their names will become public if the plan is approved.

Subd. 7. [REPORT.] The board shall report annually to the legislature on the implementation of this section. The reports must summarize the proposals submitted, the board's action on each proposal, and the affected state agency's action on each proposal.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 5998

Sec. 4. [LIMIT.]

Until June 30, 2001, the board may approve up to ten shared savings plans for implementation. The board shall forward other proposals to the appropriate agency for consideration.

Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 4 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to state government; creating a program under which state employees and former state employees make proposals to reduce the cost of operating state government or provide the state better or more efficient service; providing for sharing of savings; amending Minnesota Statutes 1998, section 181.932, subdivision 1; Minnesota Statutes 1999 Supplement, section 181.932, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 465."

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

The report was adopted.

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

H. F. No. 2591, A bill for an act relating to local government; creating the Koochiching county economic development commission; amending Minnesota Statutes 1998, section 298.17.

Reported the same back with the following amendments:

Page 3, after line 2, insert:

"Subd. 3. [CLOSED MEETINGS; RECORDING.] The commission may, by a majority vote in a public meeting, decide to hold a closed meeting for purposes of discussing data described in subdivision 4 or security information, trade secret information, or labor relations information, as defined in Minnesota Statutes, section 13.37, subdivision 1. The time and place of the closed meeting must be announced at the public meeting. A written roll of members present at the closed meeting must be made available to the public after the closed meeting. The proceedings of a closed meeting must be tape recorded. The data on the tape are nonpublic data or private data on individuals as defined in Minnesota Statutes, section 13.02, subdivision 9 or 12, whichever is applicable.

Subd. 4. [APPLICATION AND INVESTIGATIVE DATA.] Financial data, statistics, and information furnished to the commission in connection with assistance or proposed assistance, including credit reports; financial statements; statements of net worth; income tax returns, either personal or corporate; and any other business and personal financial records, are private data with regard to data on individuals under Minnesota Statutes, section 13.02, subdivision 12, or nonpublic data with regard to data not on individuals under Minnesota Statutes, section 13.02, subdivision 9."

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 5999

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

H. F. No. 2631, A bill for an act relating to education; increasing the school district levy for crime prevention; amending Minnesota Statutes 1999 Supplement, section 126C.44.

Reported the same back with the following amendments:

Page 1, line 13, delete the new language and reinstate the stricken language and after the period, insert "A school district that levies under this section is eligible for state aid equal to the lesser of two times the local levy or $3 multiplied by the population of the school district."

Page 1, line 16, after "levy" insert "and the state aid"

Page 2, line 1, after "schools;" insert "(4) to pay the costs for security in the districts' schools and on school property;" and strike "(4)" and insert "(5)"

Page 2, line 16, delete "levies for taxes"

Page 2, line 17, delete "payable in" and insert "fiscal year"

Amend the title as follows:

Page 1, line 2, delete "increasing" and insert "modifying"

With the recommendation that when so amended the bill be re-referred to the Committee on Crime Prevention without further recommendation.

The report was adopted.

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

H. F. No. 2838, A bill for an act relating to game and fish; requiring a selection of 20 percent of moose licenses each year to be made from previously unsuccessful applicants; amending Minnesota Statutes 1998, section 97A.431, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 20, delete "15" and insert "ten"

Page 1, line 22, delete everything after the period

Delete page 1, line 23 to page 2, line 2

Page 2, line 6, delete "15" and insert "ten"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6000

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

H. F. No. 2892, A bill for an act relating to crime prevention; authorizing disclosure of information about sex offenders; imposing additional registration requirements on sex offenders; establishing procedures for felony offenders who seek name changes; eliminating the statute of limitations for certain offenses; expanding the crime of solicitation to engage in sexual conduct; providing criminal penalties; clarifying the expungement law; making certain data about sex offenders available to law enforcement; appropriating money; amending Minnesota Statutes 1998, sections 13.54, subdivision 6; 243.166, subdivisions 3, 5, 7, and by adding subdivisions; 244.052, by adding a subdivision; 259.11; 517.08, subdivisions 1a and 1b; 518.27; 609.352, subdivisions 1 and 2; 609.749, subdivision 2; 609.795, subdivision 1; 609A.03; and 628.26; Minnesota Statutes 1999 Supplement, sections 13.46, subdivision 2; 243.166, subdivisions 1, 2, 4, and 6; and 244.052, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 176; 243; 259; 299C; and 609.

Reported the same back with the following amendments:

Page 7, line 18, delete "addresses" and insert "address"

Page 10, line 2, delete "subdivision" and insert "subdivisions" and after "7a" insert "and 10"

Page 11, after line 5, insert:

"Sec. 10. Minnesota Statutes 1998, section 243.166, is amended by adding a subdivision to read:

Subd. 10. [NOTICE TO DEPARTMENT OF PUBLIC SAFETY.] The superintendent of the bureau of criminal apprehension shall notify the commissioner of public safety about individuals who are required to register under this section. The notice must contain the registrant's name and current address and the time period that the registrant is required to comply with this section."

Page 15, line 19, delete "Subd." and insert "Subdivision"

Page 17, line 29, delete everything after "felony"

Page 17, line 30, delete everything before "in"

Page 20, line 18, delete everything before the second "the"

Renumber the sections in sequence

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

The report was adopted.

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

H. F. No. 2959, A bill for an act relating to child care licensing; establishing a new classification of child care worker for child care centers; amending Minnesota Statutes 1998, section 245A.14, by adding a subdivision.

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 245A.14, is amended by adding a subdivision to read:

Subd. 8. [EXPERIENCED AIDES; CHILD CARE CENTERS.] (a) An individual employed as an aide at a child care center may work with children without being directly supervised for up to 25 percent of the individual's daily work shift if:

(1) a teacher is in the building;

(2) the individual has received first aid training within the last three years; and

(3) the individual has at least 4,160 hours of child care experience as defined in Minnesota Statutes, section 245A.02, subdivision 6b.

(b) This subdivision sunsets June 30, 2003.

(c) The use of an experienced aide working without direct supervision under paragraph (a) is limited to 25 percent of each classroom's daily hours of operation.

(d) A child care center that utilizes experienced aides under this subdivision must notify the parents or guardians of the children cared for that it is doing so. The notification must indicate the approximate number of hours per classroom per month that this subdivision is utilized."

Delete the title and insert:

"A bill for an act relating to child care licensing; child care centers; permitting experienced aides to work without direct supervision for a portion of the day; amending Minnesota Statutes 1998, section 245A.14, by adding a subdivision."

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

The report was adopted.

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

H. F. No. 2969, A bill for an act relating to accountants; modifying licensing requirements; amending Minnesota Statutes 1998, section 326.19, subdivisions 1, 2, and by adding a subdivision.

Reported the same back with the following amendments:

Page 4, line 2, delete "and" and after "colleges" insert ", and private proprietary schools licensed under chapter 141"

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

The report was adopted.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6002

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

H. F. No. 3000, A bill for an act relating to state government; providing for sunset of administrative rules; authorizing legislative governmental operations committees to formally object to administrative rules; amending Minnesota Statutes 1998, section 3.842, subdivision 4a; proposing coding for new law in Minnesota Statutes, chapter 14.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1998, section 3.842, subdivision 4a, is amended to read:

Subd. 4a. [OBJECTIONS TO RULES.] (a) For purposes of this subdivision, "committee" means the house of representatives policy committee or senate policy committee with primary jurisdiction over state governmental operations. The commission or a committee may object to a rule as provided in this subdivision. If the commission or a committee objects to all or some portion of a rule because the commission or committee considers it to be beyond the procedural or substantive authority delegated to the agency, including a proposed rule submitted under section 14.15, subdivision 4, or 14.26, subdivision 3, paragraph (c), the commission or committee may file that objection in the office of the secretary of state. The filed objection must contain a concise statement of the commission's or committee's reasons for its action. An objection to a proposed rule submitted by the commission or a committee under section 14.15, subdivision 4, or 14.26, subdivision 3, paragraph (c), may not be filed before the rule is adopted.

(b) The secretary of state shall affix to each objection a certification of the date and time of its filing and as soon after the objection is filed as practicable shall transmit a certified copy of it to the agency issuing the rule in question and to the revisor of statutes. The secretary of state shall also maintain a permanent register open to public inspection of all objections by the commission or committee.

(c) The commission or committee shall publish and index an objection filed under this section in the next issue of the State Register. The revisor of statutes shall indicate the existence of the objection adjacent to the rule in question when that rule is published in Minnesota Rules.

(d) Within 14 days after the filing of an objection by the commission or committee to a rule, the issuing agency shall respond in writing to the commission objecting entity. After receipt of the response, the commission or committee may withdraw or modify its objection.

(e) After the filing of an objection by the commission or committee that is not subsequently withdrawn, the burden is upon the agency in any proceeding for judicial review or for enforcement of the rule to establish that the whole or portion of the rule objected to is valid.

(f) The failure of the commission or a committee to object to a rule is not an implied legislative authorization of its validity.

(g) In accordance with sections 14.44 and 14.45, the commission or a committee may petition for a declaratory judgment to determine the validity of a rule objected to by the commission or committee. The action must be started within two years after an objection is filed in the office of the secretary of state.

(h) The commission or a committee may intervene in litigation arising from agency action. For purposes of this paragraph, agency action means the whole or part of a rule, or the failure to issue a rule.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6003

Sec. 2. Minnesota Statutes 1998, section 14.15, subdivision 4, is amended to read:

Subd. 4. [NEED OR REASONABLENESS NOT ESTABLISHED.] If the chief administrative law judge determines that the need for or reasonableness of the rule has not been established pursuant to section 14.14, subdivision 2, and if the agency does not elect to follow the suggested actions of the chief administrative law judge to correct that defect, then the agency shall submit the proposed rule to the legislative coordinating commission and to the house of representatives and senate policy committees with primary jurisdiction over state governmental operations for the commission's advice and comment. The agency may not adopt the rule until it has received and considered the advice of the commission and committees. However, the agency is not required to wait for the commission's advice for more than 60 days after the commission has and committees have received the agency's submission.

Sec. 3. Minnesota Statutes 1999 Supplement, section 14.26, subdivision 3, is amended to read:

Subd. 3. [REVIEW.] (a) Within 14 days, the administrative law judge shall approve or disapprove the rule as to its legality and its form to the extent that the form relates to legality, including the issues of whether the rule if modified is substantially different, as determined under section 14.05, subdivision 2, from the rule as originally proposed, whether the agency has the authority to adopt the rule, and whether the record demonstrates a rational basis for the need for and reasonableness of the proposed rule. If the rule is approved, the administrative law judge shall promptly file three copies of it in the office of the secretary of state. The secretary of state shall forward one copy of each rule to the revisor of statutes and to the governor. If the rule is disapproved, the administrative law judge shall state in writing the reasons for the disapproval and make recommendations to overcome the defects.

(b) The written disapproval must be submitted to the chief administrative law judge for approval. If the chief administrative law judge approves of the findings of the administrative law judge, the chief administrative law judge shall send the statement of the reasons for disapproval of the rule to the agency, the legislative coordinating commission, the house of representatives and senate policy committees with primary jurisdiction over state governmental operations and the revisor of statutes and advise the agency and the revisor of statutes of actions that will correct the defects. The rule may not be filed in the office of the secretary of state, nor published, until the chief administrative law judge determines that the defects have been corrected or, if applicable, that the agency has satisfied the rule requirements for the adoption of a substantially different rule.

(c) If the chief administrative law judge determines that the need for or reasonableness of the rule has not been established, and if the agency does not elect to follow the suggested actions of the chief administrative law judge to correct that defect, then the agency shall submit the proposed rule to the legislative coordinating commission and to the house of representatives and senate policy committees with primary jurisdiction over state governmental operations for the commission's advice and comment. The agency may not adopt the rule until it has received and considered the advice of the commission and committees. However, the agency is not required to wait for the commission's advice for more than 60 days after the commission has and committees have received the agency's submission.

(d) The administrative law judge shall disregard any error or defect in the proceeding due to the agency's failure to satisfy any procedural requirements imposed by law or rule if the administrative law judge finds:

(1) that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process; or

(2) that the agency has taken corrective action to cure the error or defect so that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6004

Sec. 4. [RULES TASK FORCE.]

A rules task force of eight members is created. The governor must appoint four members. The task force also includes one member each from the minority and majority caucus in the house of representatives and the senate. House members must be appointed by the speaker. Senate members must be appointed by the committee on rules and administration. The task force must study and make recommendations to the governor and the legislature by January 15, 2001, on issues relating to review of agency rules. The recommendations must include, but are not limited to:

(1) a process to be used by agencies, the governor, and the legislature to identify and prioritize rules and related laws and programs that will be subject to legislative review;

(2) a process by which the legislature will review rules and related laws and programs identified under clause (1);

(3) the estimated agency and legislative time and resources required for review of rules and related laws and programs under the processes recommended under clauses (1) and (2);

(4) the effect of possible repeal of agency rules on the state budget; and

(5) the desirability of changes in the rulemaking requirements of the Administrative Procedure Act, given increased legislative scrutiny of rules.

In making its recommendations, the task force must consult with interested parties, and must consider relevant state and federal laws and commitments. The task force is subject to Minnesota Statutes, section 471.705.

Sec. 5. [14.369] [REPEAL OF RULES; SCHEDULE.]

Subdivision 1. [REPEAL.] Rules published in Minnesota Rules are repealed according to the schedule in subdivision 2, unless a law enacted before the effective date of the repeal authorizes the rules to continue in effect. However, a rule imposing fees, or a rule that is required by federal law, is repealed only if a law is enacted before the effective date of the repeal specifying the degree to which and the manner by which the affected agency is to implement the program supported by the fee or required by federal law. If a rule is repealed under subdivision 2, the agency may not adopt new rules on the same topic as the repealed rules unless specifically authorized to do so by subsequent law.

Subd. 2. [SCHEDULE.] (a) Rules of the administration department; agriculture department; children, families, and learning department; commerce department; corrections department; and economic security department are repealed July 1, 2002.

(b) Rules of the employee relations department; health department; housing finance agency; human rights department; human services department; and labor and industry department are repealed July 1, 2003.

(c) Rules of the mediation services bureau; natural resources department; pollution control agency; public safety department; and public service department are repealed July 1, 2004.

(d) Rules of the revenue department; state planning agency; trade and economic development department; transportation department; and veterans affairs department are repealed July 1, 2005.

(e) Rules of the accountancy board; administrative hearings office; animal health board; architecture, engineering, land surveying, landscape architecture, geoscience, and interior design board; arts board; Perpich center for arts education; assessors board; barber examiners board; boxing board; campaign finance and public disclosure board; capitol area architectural and planning board; chiropractic examiners board; dentistry board; designer selection board; dietetics and nutrition practice board; electricity board; emergency medical services regulatory board; and environmental assistance office are repealed July 1, 2006.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6005

(f) Rules of the environmental quality board; gambling control board; harmful substance compensation board; health licensing boards; higher education services office; Indian affairs council; lottery board; marriage and family therapy board; medical practice board; metropolitan council; metropolitan waste control commission; Minnesota state retirement system; municipal board; nursing board; nursing home administrators examiners board; optometry board; pardons board; and peace officer standards and training board are repealed July 1, 2007.

(g) Rules of the pharmacy board; podiatry board; psychology board; public employees retirement association; public utilities commission; racing commission; rural finance authority; secretary of state; sentencing guidelines commission; social work board; tax court; teaching board; telecommunication access for communication-impaired persons; transportation regulation board; veterans homes board of directors; veterinary medicine board; water and soil resources board; workers' compensation court of appeals; and zoological board, are repealed July 1, 2008.

Subd. 3. [EFFECT ON OTHER LAW.] This section does not extend the effective period of rules that are repealed at an earlier time by other law.

Subd. 4. [SUCCESSOR AGENCIES.] If an agency is renamed, its rules expire at the time indicated in subdivision 2 for the predecessor agency. If the duty to adopt rules on a topic is transferred from one agency to another agency, the rules expire at the time indicated in subdivision 2 for the successor agency.

Sec. 6. [REPORTS.]

An entity whose rules are repealed under section 5 must report to the appropriate committees of the legislature by January 15 of the year in which the entity's rules are scheduled for repeal. The speaker of the house of representatives and the senate committee on rules and administration shall designate the appropriate committees to receive these reports. The report must: (1) list rules that the entity recommends for repeal; and (2) list and briefly describe the rationale for reauthorization for rules that the entity believes should be reauthorized. Any costs of preparing this report must be absorbed within funds otherwise appropriated to the entity.

Sec. 7. [EFFECTIVE DATE.]

Sections 1 to 4 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to state government; providing for sunset of administrative rules; authorizing legislative governmental operations committees to formally object to administrative rules; modifying the review of proposed rules; creating a rules task force; providing appointments; amending Minnesota Statutes 1998, sections 3.842, subdivision 4a; and 14.15, subdivision 4; Minnesota Statutes 1999 Supplement, section 14.26, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 14."

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

The report was adopted.

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

H. F. No. 3075, A bill for an act relating to taxation; recodifying insurance tax laws; providing for civil and criminal penalties; appropriating money; amending Minnesota Statutes 1998, sections 43A.316, subdivision 9; 43A.317, subdivision 8; 60A.19, subdivision 8; 60A.198, subdivision 3; 60A.208, subdivision 8; 60A.209, subdivision 3; 60C.17; 60E.04, subdivision 4; 60E.095; 61B.30, subdivision 1; 62C.01, subdivision 3; 62E.10, subdivision 1; 62E.13, subdivision 10; 62L.13, subdivision 3; 62T.10; 64B.24; 71A.04, subdivision 1; 79.252,


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6006

subdivision 4; 79.34, subdivision 1a; 176A.08; 290.35, subdivisions 2, 3, and 6; 295.58; and 424.165; Minnesota Statutes 1999 Supplement, sections 43A.23, subdivision 1; and 60A.19, subdivision 6; proposing coding for new law as Minnesota Statutes, chapter 297I; repealing Minnesota Statutes 1998, sections 60A.15; 60A.152; 60A.198, subdivision 6; 60A.199, subdivisions 2, 3, 4, 5, 6, 6a, 7, 8, 9, 10, and 11; 60A.209, subdivisions 4 and 5; 69.54; 69.55; 69.56; 69.57; 69.58; 69.59; 69.60; 69.61; 71A.04, subdivision 2; 299F.21; 299F.22; 299F.23; 299F.24; 299F.25; and 299F.26; Minnesota Rules, part 2765.1500, subpart 6.

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

The report was adopted.

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

H. F. No. 3104, A bill for an act relating to child care licensing; allowing churches or religious organizations to operate child care programs under the rules governing family day care or group family day care; amending Minnesota Statutes 1998, section 245A.14, subdivision 4.

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

The report was adopted.

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

H. F. No. 3150, A bill for an act relating to human services; establishing a diversionary assistance pilot project; appropriating money.

Reported the same back with the following amendments:

Page 1, line 15, before the period, insert "and reduce the number of families who need ongoing MFIP assistance"

Page 1, line 16, delete "August" and insert "January"

Page 1, line 17, delete "2000" and insert "2001"

Page 2, line 3, after "services" insert "and programs"

Page 2, line 4, delete "documented need by"

Page 2, line 5, delete "agency" and insert "agency's documentation of need or determination of eligibility"

Page 2, line 6, delete "approved" and insert "pre-employment or"

Page 2, line 7, after "activities" insert "approved by the county in an employment plan. This may include child care costs related to accessing social services programs and activities"

Page 2, line 11, after "programs" insert "under Minnesota Statutes, sections 256J.49, subdivision 13, and 256J.53"

Page 2, line 12, after "activities" insert "under Minnesota Statutes, section 256J.49, subdivision 13"


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6007

Page 2, line 24, before "100" insert "sanction equal to a reduction of" and delete the second "sanction" and insert "of funding for basic needs"

Page 2, line 29, after "and" insert "not wanting or"

Page 2, line 31, delete everything after "119B" and insert ", and, for those families who were eligible for medical assistance during the 90 days, for extended medical assistance under Minnesota Statutes, section 256B.0635."

Page 3, line 4, after "project" insert "who were not under sanction during the pilot project"

Page 3, line 17, before the period, insert "for the purposes of the basic needs payments made on behalf of families during the 90 days that families are enrolled in the pilot project"

Page 3, line 18, before "The" insert "(a)"

Page 3, after line 26, insert:

"(b) When a participant receives a 100 percent sanction under subdivision 3, the county agency must monitor the well-being of the children in the household who are at risk of safety, health, or nutritional problems due to the lack of resources available to the family. The county agency must provide necessary services or resources to the family in order to protect the welfare of the children in the household.

(c) The county agency must report quarterly to the commissioner of human services, and to the chairs of the house health and human services policy committee and the senate health and family security committee, on the number of participants who have received a sanction under subdivision 3."

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

The report was adopted.

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

H. F. No. 3200, A bill for an act relating to drivers' licenses; allowing business access to driver's license photograph under certain conditions; amending Minnesota Statutes 1998, section 171.07, subdivision 1a.

Reported the same back with the following amendments:

Page 2, line 1, after the semicolon, insert "and

(iii) no further dissemination of the photo or image occurs;"

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

The report was adopted.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6008

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

H. F. No. 3205, A bill for an act relating to aids to local government; providing for increased low income housing aid for certain cities; amending Minnesota Statutes 1998, section 477A.06, subdivision 2; Minnesota Statutes 1999 Supplement, section 477A.06, subdivision 1.

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

The report was adopted.

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

H. F. No. 3232, A bill for an act relating to business organizations; business corporations and limited liability companies; regulating the rights of shareholders and members; clarifying notice of director and governor conflicts of interest; regulating the issuing of and right to purchase shares; regulating contribution allowance agreements; amending Minnesota Statutes 1998, sections 302A.135, subdivision 2; 302A.181, subdivision 3; 302A.255, subdivision 1; 302A.405, subdivision 3; 302A.409, subdivision 3; 302A.471, subdivision 3; 302A.521, subdivision 6; 302A.613, subdivision 2; and 322B.699, subdivision 6; Minnesota Statutes 1999 Supplement, sections 302A.471, subdivision 1; 322B.43, subdivision 1; 322B.666, subdivision 1; and 322B.72, subdivision 2.

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

The report was adopted.

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

H. F. No. 3236, A bill for an act relating to health; modifying provisions for issuing certified copies of vital records; amending Minnesota Statutes 1998, section 144.225, subdivision 7.

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

The report was adopted.

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

H. F. No. 3238, A bill for an act relating to trade regulations; regulating farm equipment manufacturers and dealers; amending Minnesota Statutes 1998, sections 325E.062, subdivision 1, and by adding subdivisions; and 325E.063.

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

The report was adopted.

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

H. F. No. 3240, A bill for an act relating to agriculture; establishing an agricultural land set aside and payment program; appropriating money.

Reported the same back with the following amendments:


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6009

Page 2, line 4, after "payment" insert "in a fiscal year prior to 2002"

Page 2, line 6, after the period, insert "In fiscal years 2000 and thereafter, payment is available for eligible agricultural land in any county under a presidential disaster declaration related to agriculture."

Page 2, line 10, before "Annual" insert "To the extent appropriated money is available for this purpose,"

Page 2, line 21, delete "fiscal year 2001 for"

Page 2, line 22, after the period, insert "This appropriation remains available until expended."

Page 2, line 25, delete "June 30, 2000" and insert "the day after final enactment"

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

The report was adopted.

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

H. F. No. 3327, A bill for an act relating to local government; removing the sunset on provisions for authorizing local governments to petition to amend or repeal a rule; amending Minnesota Statutes 1999 Supplement, section 14.091.

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

The report was adopted.

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

H. F. No. 3338, A bill for an act relating to Scott county; authorizing the county board to reorganize and delegate the duties of certain county offices; amending Laws 1997, chapter 90.

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

The report was adopted.

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

H. F. No. 3379, A bill for an act relating to education; authorizing the board of trustees of the Minnesota state colleges and universities to construct a campus security building and lease state property at Moorhead state university.

Reported the same back with the following amendments:

Pages 1 and 2, delete section 2

Page 2, line 6, delete "3" and insert "2"


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6010

Amend the title as follows:

Page 1, line 5, delete everything before the period

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

The report was adopted.

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

H. F. No. 3392, A bill for an act relating to courts; clarifying when fine and fee transfers occur and what proceeds apply.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Judiciary Finance without further recommendation.

The report was adopted.

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

H. F. No. 3399, A bill for an act relating to newspapers; providing priority for official publication for a public body to a newspaper with either a known office of issue or a secondary office; amending Minnesota Statutes 1998, section 331A.04, subdivision 2; repealing Minnesota Statutes 1998, section 331A.04, subdivision 3.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [MINNETONKA OFFICIAL NEWSPAPER DESIGNATION.]

Notwithstanding Minnesota Statutes, section 331A.04, subdivision 2, if the city of Minnetonka has one or more qualified newspapers with either a known office of issue or a secondary office within the city, the one if there is only one, or one of them if there are more than one, must be designated as the newspaper for publication of its official proceedings and public notices when designation is authorized or required by the city charter or by statute.

Sec. 2. [EFFECTIVE DATE; NO LOCAL APPROVAL.]

(a) Section 1 fits within Minnesota Statutes, section 645.023, subdivision 1, clause (a); thus, no local approval is required.

(b) This act is effective the day after its final enactment."

Delete the title and insert:

"A bill for an act relating to the city of Minnetonka; providing a variation from the general statutory priority for designation of a qualified newspaper for publication of its official proceedings and public notices."

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6011

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

H. F. No. 3436, A bill for an act relating to education; prohibiting the state board of teaching from adopting certain rules before September 1, 2002.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 1998, section 122A.18, subdivision 2, is amended to read:

Subd. 2. [TEACHER AND SUPPORT PERSONNEL QUALIFICATIONS.] (a) The board of teaching must issue licenses under its jurisdiction to persons the board finds to be qualified and competent for their respective positions.

(b) The board must require a person to successfully complete an examination of skills in reading, writing, and mathematics before being granted an initial teaching license to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special education programs. The board must require colleges and universities offering a board approved teacher preparation program to provide remedial assistance that includes a formal diagnostic component to persons enrolled in their institution who did not achieve a qualifying score on the skills examination, including those for whom English is a second language. The colleges and universities must provide assistance in the specific academic areas of deficiency in which the person did not achieve a qualifying score. School districts must provide similar, appropriate, and timely remedial assistance that includes a formal diagnostic component and mentoring to those persons employed by the district who completed their teacher education program outside the state of Minnesota, received a one-year license to teach in Minnesota and did not achieve a qualifying score on the skills examination, including those persons for whom English is a second language. The board of teaching shall report annually to the education committees of the legislature on the total number of teacher candidates during the most recent school year taking the skills examination, the number who achieve a qualifying score on the examination, the number who do not achieve a qualifying score on the examination, the distribution of all candidates' scores, the number of candidates who have taken the examination at least once before, and the number of candidates who have taken the examination at least once before and achieve a qualifying score. The data must be disaggregated to the level of the degree-granting institution.

(c) A person who has completed an approved teacher preparation program and obtained a one-year license to teach, but has not successfully completed the skills examination, may renew the one-year license for two additional one-year periods. Each renewal of the one-year license is contingent upon the licensee:

(1) providing evidence of participating in an approved remedial assistance program provided by a school district or post-secondary institution that includes a formal diagnostic component in the specific areas in which the licensee did not obtain qualifying scores; and

(2) attempting to successfully complete the skills examination during the period of each one-year license.

(d) The board of teaching must grant continuing licenses only to those persons who have met board criteria for granting a continuing license, which includes successfully completing the skills examination in reading, writing, and mathematics.

(e) All colleges and universities approved by the board of teaching to prepare persons for teacher licensure must include in their teacher preparation programs a common core of teaching knowledge and skills to be acquired by all persons recommended for teacher licensure. This common core shall meet the standards developed by the interstate new teacher assessment and support consortium in its 1992 "model standards for beginning teacher licensing and development." Amendments to standards adopted under this paragraph are covered by chapter 14. The board of teaching shall report annually to the education committees of the legislature on the performance of teacher candidates on common core assessments of knowledge and skills under this paragraph during the most recent school year."


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6012

Page 1, delete lines 7 to 10

Page 1, line 11, delete "repealing these rules," and insert:

"(a) The legislature intends that the implementation and enforcement of board of teaching rules relating to institution and teacher preparation program approval respect the rights of post-secondary faculty to teach in a manner the faculty deems most appropriate for student achievement, and that the program approval process involve the least amount of time and paperwork necessary to meet these rules.

(b)"

Page 1, line 13, delete "with approved" and insert "that have"

Page 1, line 17, delete "proposed by the board. Specifically, the board" and insert "implemented or enforced under paragraph (a)."

Page 1, delete lines 18 to 22

Page 1, line 24, delete "Section 1 is" and insert "Sections 1 and 2 are"

Renumber the sections in sequence

Correct internal references

Delete the title and insert:

"A bill for an act relating to education; ensuring input on board of teaching rules; providing for a report on the skills examination for teacher candidates; amending Minnesota Statutes 1998, section 122A.18, subdivision 2."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 3458, A bill for an act relating to local government; applying the amendments in Laws 1998, chapter 389, article 11, section 6, to the Brooklyn Park economic development authority's tax increment financing district No. 18.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes without further recommendation.

The report was adopted.

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

H. F. No. 3534, A bill for an act relating to agriculture; changing certain requirements and enforcement procedures for agricultural contracts; amending Minnesota Statutes 1998, sections 17.90, by adding a subdivision; and 17.91; proposing coding for new law in Minnesota Statutes, chapter 17.

Reported the same back with the following amendments:


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6013

Page 1, line 25, delete "and extent"

Page 2, line 1, after the period, insert "The statement may be in the form of a written statement or checklist and may be developed in cooperation with producers or producer organizations. A contractor may submit a sample risk disclosure statement to the commissioner for examination. If the commissioner approves of the statement or fails to respond within 30 days of receipt of the statement, the statement will be deemed to comply with this subdivision and with the plain language requirements of section 17.943."

Page 2, delete lines 3 to 12 and insert:

"A producer may cancel an agricultural contract by mailing a written cancellation notice to the contractor within three business days after the producer receives a copy of the signed contract, or before a later cancellation deadline if a later deadline is specified in the contract. The producer's right to cancel, the method by which the producer may cancel, and the deadline for canceling the contract shall be clearly disclosed in every agricultural contract."

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

Page 3, line 6, delete "options under" and insert "provisions subject to change in"

Page 3, line 12, delete "and" and insert a comma, and after "education" insert ", and experience within the industry"

Page 3, line 22, delete "ATTORNEY GENERAL" and insert "COMMISSIONER"

Page 3, after line 22, insert:

"Subdivision 1. [AGRICULTURAL CONTRACTS.] For purposes of this section and section 17.943, "agricultural contract" includes, where applicable, the cover sheet as defined in section 17.942 and the risk disclosure statement required by section 17.91, subdivision 2."

Page 3, line 23, delete "Subdivision 1." and insert "Subd. 2."

Page 3, line 24, delete "attorney general" and insert "commissioner"

Page 3, line 26, delete "attorney general" and insert "commissioner"

Page 3, line 35, delete "2" and insert "3"

Page 4, line 1, delete "attorney general" and insert "commissioner"

Page 4, line 15, delete "3" and insert "4" and delete "attorney"

Page 4, line 16, delete "general" and insert "commissioner"

Page 4, line 18, delete "4" and insert "5"

Page 4, line 22, after the period, insert "If the commissioner certifies a contractor or fails to respond within 30 days of receipt of the contract, the contractor will have complied with sections 17.91 and 17.943, and the remedies stated in subdivisions 7 and 8 are not available."

Page 4, line 23, delete "5" and insert "6"

Page 4, line 24, delete "attorney general" and insert "commissioner"


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6014

Page 4, line 27, delete "6" and insert "7"

Page 4, line 31, delete "7" and insert "8"

Page 6, after line 1, insert:

"Sec. 8. [17.9442] [APPLICABILITY OF CONTRACT REQUIREMENTS.]

The requirements for the written disclosure of risks under section 17.91, subdivision 2, the three-day review period under section 17.941, and the contract readability requirements under section 17.943, subdivision 1, do not apply to contracts which provide for:

(1) the sale and purchase of a fixed amount of a commodity for delivery at a set price;

(2) price-later grain contracts;

(3) contracts agreed to between a processor and an accredited bargaining organization under sections 17.691 to 17.703; or

(4) futures contracts which involve the sale or purchase of a standardized quantity of a commodity for future delivery on a regulated commodity exchange.

Sec. 9. [17.9443] [WAIVER OF CONTRACT PROVISIONS IS VOID.]

Any provision of an agricultural contract that waives or attempts to waive any provision of sections 17.90 to 17.97 is void."

Correct internal references

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 562, 1094, 2591, 2838, 3232, 3236, 3338, 3399 and 3436 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 2510 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Ness and Finseth introduced:

H. F. No. 3844, A bill for an act relating to agriculture; making the farmer-lender mediation program permanent; expanding eligibility for ethanol producer payments; creating an agroforestry loan program; providing funding for farm relief; appropriating money; amending Minnesota Statutes 1998, section 41A.09, subdivisions 2a,


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6015

3a, and by adding subdivisions; Laws 1999, chapter 231, section 11, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 17; repealing Minnesota Statutes 1998, section 583.21; Laws 1986, chapter 398, article 1, section 18, as amended.

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

Ness and Solberg introduced:

H. F. No. 3845, A bill for an act relating to education finance; modifying the definition of pupil unit to reflect days actually spent in school; increasing the general education formula allowance; amending Minnesota Statutes 1998, section 126C.05, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 126C.10, subdivision 2; repealing Laws 1999, chapter 241, article 1, section 64.

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

Bishop, Skoglund, Stanek, Broecker and Holberg introduced:

H. F. No. 3846, A bill for an act relating to crime prevention; clarifying the scope of the community notification law; amending Minnesota Statutes 1998, sections 244.052, as amended; and 244.10, subdivision 2a.

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

Clark, K.; Gray; Mullery; Solberg; Davids; Greiling; McCollum; Gunther and Dempsey introduced:

H. F. No. 3847, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money for air conditioning infrastructure for publicly owned high rise residences housing low-income elderly and disabled persons.

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

Ozment and Van Dellen introduced:

H. F. No. 3848, A bill for an act relating to taxation; sales and use; including machinery used to produce certain plants and nursery stock in the definition of farm machinery; amending Minnesota Statutes 1998, section 297A.01, subdivision 15.

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

Tingelstad; Johnson; Dempsey; Kuisle; Abeler; Seifert, J.; Marko; Chaudhary; Trimble and Mahoney introduced:

H. F. No. 3849, A bill for an act relating to taxation; providing that sales of diesel fuel used to operate commuter rail systems are exempt from the sales tax; appropriating money; amending Minnesota Statutes 1998, sections 297A.15, by adding a subdivision; and 297A.25, subdivision 7.

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


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McGuire, Dehler, Hasskamp, Rhodes, Wagenius, Greiling and Koskinen introduced:

H. F. No. 3850, A bill for an act relating to alcoholic beverages; requiring the commissioner of public safety to prescribe standards for identification of beer kegs; requiring retailers of beer to maintain records of sale of beer kegs and to record the identification number of each beer keg sold; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Ozment, Kalis, Murphy and Fuller introduced:

H. F. No. 3851, A bill for an act relating to fire safety; requiring the state fire marshal to adopt rules for fire retardant standards for cigarettes; proposing coding for new law in Minnesota Statutes, chapter 299F.

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

Westfall, Finseth, Skoe, Fuller, Westrom, Stang, Dehler, Nornes, Cassell, Harder, Gunther, Howes, Wenzel, Rukavina, Lieder, Solberg and Daggett introduced:

H. F. No. 3852, A bill for an act relating to state government; requiring decentralization of state government; proposing coding for new law in Minnesota Statutes, chapter 15.

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

Krinkie, Gerlach, Rhodes, Kahn and Gleason introduced:

H. F. No. 3853, A bill for an act relating to governmental operations; requiring certain budgetary information and reports on internal service funds; amending Minnesota Statutes 1998, sections 16A.11, subdivision 3; 16A.126, subdivision 2; 16B.052; 16B.48, subdivision 4; and 16B.485.

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

Gray; Chaudhary; Clark, K.; Mariani and McGuire introduced:

H. F. No. 3854, A bill for an act relating to child care; appropriating money for purposes of the basic sliding fee child care program.

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

Wenzel, Chaudhary, Huntley, Otremba, Swapinski, Koskinen, Greiling, Mahoney, Juhnke, Schumacher, Trimble, Dawkins, Tunheim, Carlson, Kahn, Lieder, Hasskamp, Opatz, Lenczewski and Mariani introduced:

H. F. No. 3855, A bill for an act relating to taxation; individual income; providing a subtraction for personal and dependent exemptions; amending Minnesota Statutes 1999 Supplement, section 290.01, subdivision 19b.

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


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Dorn, Storm, Gunther, Kalis and Swenson introduced:

H. F. No. 3856, A bill for an act relating to capital improvements; appropriating money for regional public safety training facilities; authorizing the sale of state bonds.

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

Workman introduced:

H. F. No. 3857, A bill for an act relating to traffic regulations; requiring strobe lights on school buses purchased after December 31, 2000; amending Minnesota Statutes 1998, sections 169.442, subdivision 5; and 169.4503, subdivision 16.

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

Davids introduced:

H. F. No. 3858, A bill for an act relating to education; altering the definition of marginal cost pupil units; amending Minnesota Statutes 1999 Supplement, section 126C.05, subdivisions 5 and 6.

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

Carruthers; Leighton; Skoglund; Mahoney; Mullery; Hausman; Dawkins; Larson, D.; Solberg; McCollum; Greiling; Gleason; Koskinen; Biernat; Rest; Carlson and Clark, K., introduced:

H. F. No. 3859, A bill for an act relating to education; increasing the general education formula allowance; appropriating money; amending Minnesota Statutes 1999 Supplement, section 126C.10, subdivision 2; repealing Laws 1999, chapter 241, article 1, section 64.

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

Carruthers; Leighton; Skoglund; Mahoney; Mullery; Luther; Hausman; Dawkins; Milbert; Larson, D.; Solberg; McCollum; Koskinen; Greiling; Gleason; Rest; Carlson; Clark, K., and Trimble introduced:

H. F. No. 3860, A bill for an act relating to employment; increasing and indexing the minimum wage; amending Minnesota Statutes 1998, section 177.24, subdivision 1.

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

Davids introduced:

H. F. No. 3861, A bill for an act relating to insurance; using tobacco settlement revenues to fund deficits of the Minnesota comprehensive health association; appropriating money; amending Minnesota Statutes 1998, section 62E.11, subdivision 5; repealing Minnesota Statutes 1998, section 62E.11, subdivision 6.

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


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Wenzel and Dehler introduced:

H. F. No. 3862, A bill for an act relating to reemployment compensation; providing additional benefits for certain individuals on layoff from a certain employer; providing an exemption from certain requirements.

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

Sykora introduced:

H. F. No. 3863, A bill for an act relating to education; providing for charter school districts; proposing coding for new law in Minnesota Statutes, chapter 124D.

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

Davids introduced:

H. F. No. 3864, A bill for an act relating to state government; requiring legislative and executive approval of proposed administrative rules; amending Minnesota Statutes 1998, sections 14.18, subdivision 1; 14.27; and 14.388; Minnesota Statutes 1999 Supplement, section 14.05, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 14.

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

Chaudhary, Greenfield, Gray and McGuire introduced:

H. F. No. 3865, A bill for an act relating to child care; providing funding for basic sliding fee child care assistance; transferring TANF funds to the department of children, families, and learning; appropriating money.

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

Rukavina introduced:

H. F. No. 3866, A bill for an act relating to human services; classifying semi-independent living services costs as remedial care costs; providing group residential housing payments for certain recipients of semi-independent living services; amending Minnesota Statutes 1998, sections 252.275, by adding a subdivision; 256I.03, subdivision 3; and 256I.04, subdivisions 1 and 2a.

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

Smith, Swenson and Clark, J., introduced:

H. F. No. 3867, A bill for an act relating to education; providing for aid for special education costs of students who open enroll; appropriating money; amending Minnesota Statutes 1998, section 125A.79 by adding a subdivision; Laws 1999, chapter 241, article 2, section 60, subdivision 14.

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


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Daggett, Cassell, Westfall, Peterson, Holsten and Finseth introduced:

H. F. No. 3868, A bill for an act relating to agriculture; amending certain requirements for licensed aquatic farms; amending Minnesota Statutes 1998, sections 17.4984, subdivisions 2, 6, and 7; 17.4985, subdivision 2; 17.4987; 17.4988, subdivision 2; 17.4992, subdivision 3; 97C.505, subdivision 6; and 97C.521.

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

Greiling, Opatz, Gray, Rukavina, Hausman, Entenza, Koskinen, Leighton, McGuire and Folliard introduced:

H. F. No. 3869, A bill for an act relating to employment; creating a voluntary paid parental leave program; providing for wage reimbursement; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Finseth and Lieder introduced:

H. F. No. 3870, A bill for an act relating to education; appropriating money to independent school district Nos. 595, East Grand Forks, and 2854, Ada-Borup, for interest paid on flood loans.

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

Smith introduced:

H. F. No. 3871, A bill for an act relating to taxation of aggregate material; clarifying the definition of importer; authorizing Wright county to impose a tax on the production of aggregate materials exported outside the county; amending Minnesota Statutes 1998, section 298.75, subdivision 1.

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

Mariani introduced:

H. F. No. 3872, A bill for an act relating to the MFIP child care program; amending Minnesota Statutes 1999 Supplement, section 119B.05, subdivision 1.

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

Luther; Hilty; McCollum; Larsen, P., and Otremba introduced:

H. F. No. 3873, A bill for an act relating to education; requiring lap and shoulder belts on new school buses; amending Minnesota Statutes 1998, section 169.447, by adding a subdivision.

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

Wenzel; Stanek; Anderson, I.; Larsen, P., and Howes introduced:

H. F. No. 3874, A bill for an act relating to crime prevention; increasing the penalties for a person who aids another after commission of a crime; increasing the limitations period for crimes that result in the death of a victim; providing that the limitations period for an offense does not apply to any time period during which the offender


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6020

concealed necessary evidence; instructing the sentencing guidelines commission to establish guidelines for sentencing an offender who aids another after commission of a crime; amending Minnesota Statutes 1998, sections 609.495, subdivision 3; and 628.26.

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

Krinkie; Pawlenty; Wilkin; Anderson, B.; Gerlach; Buesgens; Vandeveer; Haake; Kielkucki; Reuter and Abrams introduced:

H. F. No. 3875, A bill for an act relating to transportation; changing the purpose of appropriations and bond sale authorizations from light rail transit to relief of bottleneck congestion by addition of lanes.

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

Jennings, Osthoff, Rhodes, Osskopp and Dehler introduced:

H. F. No. 3876, A bill for an act relating to Internet gambling; requiring study of costs and benefits.

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

Kubly introduced:

H. F. No. 3877, A bill for an act relating to real estate; continuing a certain exemption on a certain land exchange.

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

Davids introduced:

H. F. No. 3878, A bill for an act relating to education; modifying debt service equalization program; modifying certain capital loan provisions; amending Minnesota Statutes 1998, sections 123B.53, by adding subdivisions; 126C.63, subdivision 7, and by adding a subdivision; 126C.69, subdivisions 3, 10, 11, 12, 13, and 15; 126C.71, subdivision 1, and by adding a subdivision; and 475.53, subdivision 4; Minnesota Statutes 1999 Supplement, sections 123B.53, subdivisions 4 and 6; 126C.63, subdivision 8; and 126C.69, subdivisions 2 and 9.

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

Trimble, Bishop, Sviggum and Pugh introduced:

H. F. No. 3879, A bill for an act relating to the Minnesota Historical Society; appropriating money for a bust of former United States Supreme Court Justice Harry A. Blackmun.

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


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Davids introduced:

H. F. No. 3880, A bill for an act relating to government data practices; providing that the workers' compensation reinsurance association is subject to government data practices requirements; amending Minnesota Statutes 1998, section 79.34, subdivision 1.

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

Trimble introduced:

H. F. No. 3881, A bill for an act relating to fees; repealing the state public water service connection fee; repealing Minnesota Statutes 1998, section 144.3831.

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

Trimble introduced:

H. F. No. 3882, A bill for an act relating to motor vehicles; abolishing certain department of public safety fee for motor vehicle titles; amending Minnesota Statutes 1998, section 168A.29, subdivision 1.

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

Trimble introduced:

H. F. No. 3883, A bill for an act relating to community development; providing funding for the Neighborhood Development Center, Inc.; appropriating money.

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

Trimble introduced:

H. F. No. 3884, A bill for an act relating to motor vehicles; abolishing vehicle registration filing fee; repealing Minnesota Statutes 1998, section 168.33, subdivision 7.

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

Rhodes introduced:

H. F. No. 3885, A bill for an act relating to state government; transferring duties of the state treasurer to the state auditor; amending Minnesota Statutes 1998, section 276.11, subdivision 1; and 354.52, subdivision 5; Minnesota Statutes 1999 Supplement, section 299D.03, subdivision 5.

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


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Krinkie; Vandeveer; Molnau; Anderson, B.; Haake; Kielkucki; Reuter; Wilkin; Buesgens; Hackbarth and Lindner introduced:

H. F. No. 3886, A bill for an act relating to transportation; canceling appropriations and reducing bond sale authorizations for light rail transit.

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

Vandeveer; Westrom; Krinkie; Jennings; Kuisle; Larsen, P., and Anderson, B., introduced:

H. F. No. 3887, A bill for an act relating to transportation; appropriating money for personal rapid transit systems.

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

Chaudhary, Paymar and Swapinski introduced:

H. F. No. 3888, A bill for an act relating to education; modifying and codifying certain portions of the state's high school graduation rule; amending Minnesota Statutes 1998, sections 120A.41; and 120B.03, subdivisions 1, 2, and by adding a subdivision; Minnesota Statutes 1999 Supplement, section 120B.02.

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

Knoblach introduced:

H. F. No. 3889, A bill for an act relating to state government; requiring accelerated implementation of certain governmental accounting standards.

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

Knoblach introduced:

H. F. No. 3890, A bill for an act relating to appropriations; providing for unexpended funds to be used for maintenance; amending Minnesota Statutes 1998, section 16A.28, by adding a subdivision.

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

Knoblach introduced:

H. F. No. 3891, A bill for an act relating to appropriations; providing for unexpended funds to be used for maintenance; amending Minnesota Statutes 1998, section 16A.28, by adding a subdivision.

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


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Opatz, Pelowski and Goodno introduced:

H. F. No. 3892, A bill for an act relating to higher education; revenue bonds; increasing aggregate principal amount of revenue bonds issued by the board of trustees of the Minnesota state colleges and universities; clarifying bond requirements; amending Minnesota Statutes 1998, section 136F.98, subdivision 1.

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

Seagren, Entenza, Kielkucki, Tuma and Johnson introduced:

H. F. No. 3893, A bill for an act relating to education; modifying special education base revenue; appropriating money; amending Minnesota Statutes 1999 Supplement, section 125A.76, subdivision 2; Laws 1999, chapter 241, article 2, section 60, subdivision 11.

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

Workman introduced:

H. F. No. 3894, A bill for an act relating to motor carriers; requiring certain exempt carriers of property to obtain certificate of registration from commissioner of transportation; amending Minnesota Statutes 1999 Supplement, sections 221.025; and 221.0251, by adding a subdivision.

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

Rest introduced:

H. F. No. 3895, A bill for an act relating to local government; modifying the authority to establish a housing improvement area; amending Minnesota Statutes 1998, sections 428A.11, by adding subdivisions; 428A.13, subdivisions 1 and 3; 428A.14, subdivision 1; 428A.15; 428A.16; 428A.17; and 428A.19; repealing Minnesota Statutes 1998, section 428A.21.

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

Abrams and Rest introduced:

H. F. No. 3896, A bill for an act relating to taxes; sales and use tax; expanding the exemption for materials consumed in production; amending Minnesota Statutes 1999 Supplement, section 297A.25, subdivision 9.

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

Rhodes introduced:

H. F. No. 3897, A bill for an act relating to state government; authorizing health-related boards to carry forward balances; amending Minnesota Statutes 1998, section 16A.28, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 214.

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


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6024

Clark, J., introduced:

H. F. No. 3898, A bill for an act relating to liquor; authorizing Springfield to authorize a holder of an on-sale intoxicating liquor license issued by the city to dispense intoxicating liquor at an event on December 31, 2000, and January 1, 2001, at a facility owned by the city.

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

Jennings, Rostberg and Hilty introduced:

H. F. No. 3899, A bill for an act relating to capital improvements; appropriating money for permanent exhibits at the North West Company Fur Post Interpretive Center; authorizing the sale of state bonds.

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

Abrams, Solberg, Davids, Rhodes, Leighton and Kelliher introduced:

H. F. No. 3900, A bill for an act relating to capital improvements; appropriating money to construct a new Guthrie theater in the city of Minneapolis; authorizing the sale of state bonds.

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

Storm introduced:

H. F. No. 3901, A bill for an act relating to housing; housing finance agency; authorizing agency to make grants or loans under the community rehabilitation fund account to for-profit organizations; amending Minnesota Statutes 1998, section 462A.206, subdivision 4; Minnesota Statutes 1999 Supplement, section 462A.206, subdivision 2.

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

Boudreau, Stanek, Broecker, Goodno and McGuire introduced:

H. F. No. 3902, A bill for an act relating to children and families; creating a state prevention council; appropriating money for home visiting programs; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Westrom, Finseth, Davids, Peterson, Kubly, Skoe, Juhnke, Gunther, Gray, Tunheim, Westfall and Ness introduced:

H. F. No. 3903, A bill for an act relating to cooperatives; amending provisions on the financing and distribution of income for cooperatives; amending Minnesota Statutes 1998, section 308A.705, subdivision 3; Minnesota Statutes 1999 Supplement, section 80A.15, subdivision 2; repealing Minnesota Statutes 1998, sections 308A.031; and 308A.161.

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


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MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 10, A senate concurrent resolution adopting deadlines for the 2000 regular session.

Patrick E. Flahaven, Secretary of the Senate

SUSPENSION OF RULES

Pawlenty moved that the rules be so far suspended that Senate Concurrent Resolution No. 10 be now considered and be placed upon its adoption. The motion prevailed.

SENATE CONCURRENT RESOLUTION NO. 10

A senate concurrent resolution adopting deadlines for the 2000 regular session.

Be It Resolved, by the Senate of the State of Minnesota, the House of Representatives concurring:

(a) In accordance with Joint Rule 2.03, the deadlines in this resolution apply to the 2000 regular session. They do not apply to the House committees on Capital Investment, Ways and Means, Taxes, or Rules and Legislative Administration, or to the Senate committees on Finance, Taxes, or Rules and Administration.

(1) The first deadline, Friday, March 3, is for committees to act favorably on bills in the house of origin.

(2) The second deadline, Friday, March 10, is for committees to act favorably on bills, or companions of bills, that met the first deadline in the other house.

A committee in the House has until the second deadline to act favorably on the companion of a bill that, by the first deadline, was referred to a budget division in the Senate. A committee in the Senate has until the second deadline to act favorably on the companion of a bill that, by the first deadline, was referred to a finance committee in the House.

(3) The omnibus appropriation bills are exempt from the first two deadlines. The deadline for committees to act favorably on omnibus appropriation bills is Friday, March 17. An omnibus bill in the House appropriating money for agriculture and rural development is subject to this deadline.

(b) The omnibus appropriation bills are the following:

(1) A bill appropriating money for education in kindergarten through grade 12;

(2) A bill appropriating money for higher education;


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(3) A bill appropriating money for family and early childhood education;

(4) A bill appropriating money for health and human services;

(5) A bill appropriating money for crime prevention and the judiciary;

(6) A bill appropriating money for economic development;

(7) A bill appropriating money for the general administrative expenses of state government;

(8) A bill appropriating money for the protection and improvement of the State's environment, natural resources, and agriculture;

(9) A bill appropriating money for the department of transportation and other agencies;

(10) A bill appropriating money for the payment of claims against the State of Minnesota that may have been allowed by the finance committees of the Senate or the Ways and Means Committee of the House; and

(11) A bill appropriating money for the acquisition and betterment of public lands and buildings and other public improvements of a capital nature.

The bills numbered (1) to (3) may be combined and the bills numbered (4) to (8) may be combined.

(c) When a committee in either house acts favorably on a bill after a deadline established in this resolution, the bill must be referred in the Senate to the Committee on Rules and Administration and in the House of Representatives to the Committee on Rules and Legislative Administration for disposition.

Pawlenty moved that Senate Concurrent Resolution No. 10 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 10 was adopted.

CONSENT CALENDAR

S. F. No. 2411, A bill for an act relating to Northern Itasca Hospital District; modifying the membership requirements for the district hospital board.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Entenza Howes Luther Pawlenty Swapinski
Abrams Erhardt Huntley Mahoney Paymar Swenson
Anderson, B. Erickson Jaros Mares Pelowski Sykora
Anderson, I. Finseth Jennings Mariani Peterson Tingelstad
Biernat Folliard Johnson Marko Pugh Tomassoni
Bishop Fuller Juhnke McCollum Rest Trimble
Boudreau Gerlach Kahn McGuire Reuter Tuma
Bradley Gleason Kalis Milbert Rhodes Tunheim
Broecker Goodno Kelliher Molnau Rifenberg Vandeveer
Buesgens Gray Kielkucki Mulder Rostberg Wagenius

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Carlson Greenfield Knoblach Mullery Rukavina Wenzel
Carruthers Greiling Koskinen Murphy Schumacher Westerberg
Cassell Gunther Krinkie Ness Seagren Westfall
Chaudhary Haake Kubly Nornes Seifert, J. Westrom
Clark, J. Haas Kuisle Olson Seifert, M. Wilkin
Clark, K. Hackbarth Larsen, P. Opatz Skoe Winter
Daggett Harder Larson, D. Orfield Skoglund Wolf
Davids Hasskamp Leighton Osskopp Smith Workman
Dehler Hausman Lenczewski Osthoff Solberg Spk. Sviggum
Dempsey Hilty Leppik Otremba Stanek
Dorman Holberg Lieder Ozment Stang
Dorn Holsten Lindner Paulsen Storm

The bill was passed and its title agreed to.

The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 2067

A bill for an act relating to juvenile justice; when an extended jurisdiction juvenile offender has stayed sentence executed for violation of stay no credit is granted for time in juvenile facility; amending Minnesota Statutes 1998, section 260.126, subdivision 5.

February 21, 2000

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 2067, 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. 2067 be further amended as follows:

Page 1, delete section 1 and insert:

"Section 1. Minnesota Statutes 1999 Supplement, section 260B.130, subdivision 5, is amended to read:

Subd. 5. [EXECUTION OF ADULT SENTENCE.] When it appears that a person convicted as an extended jurisdiction juvenile has violated the conditions of the stayed sentence, or is alleged to have committed a new offense, the court may, without notice, revoke the stay and probation and direct that the offender be taken into immediate custody. The court shall notify the offender in writing of the reasons alleged to exist for revocation of the stay of execution of the adult sentence. If the offender challenges the reasons, the court shall hold a summary hearing on the issue at which the offender is entitled to be heard and represented by counsel. After the hearing, if the court finds that reasons exist to revoke the stay of execution of sentence, the court shall treat the offender as an adult and order any of the adult sanctions authorized by section 609.14, subdivision 3, except that no credit shall be given for time served in juvenile facility custody prior to a summary hearing. If the offender was convicted of an offense described


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in subdivision 1, clause (2), and the court finds that reasons exist to revoke the stay, the court must order execution of the previously imposed sentence unless the court makes written findings regarding the mitigating factors that justify continuing the stay. Upon revocation, the offender's extended jurisdiction status is terminated and juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction, other than commitment to the commissioner of corrections, is with the adult court."

Amend the title as follows:

Page 1, line 6, delete "1998" and insert "1999 Supplement" and delete "260.126" and insert "260B.130"

We request adoption of this report and repassage of the bill.

House Conferees: Andrew Westerberg, Rich Stanek and Tim Mahoney.

Senate Conferees: Jane B. Ranum, Jane Krentz and David L. Knutson.

Westerberg moved that the report of the Conference Committee on H. F. No. 2067 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 2067, A bill for an act relating to juvenile justice; when an extended jurisdiction juvenile offender has stayed sentence executed for violation of stay no credit is granted for time in juvenile facility; amending Minnesota Statutes 1998, section 260.126, subdivision 5.

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 126 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6029

Those who voted in the negative were:

Hausman

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

CALENDAR FOR THE DAY

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

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

S. F. No. 2320, A bill for an act relating to towns; authorizing the Crow Wing county board to change the name of the township of Lake Edwards upon receipt of a resolution from the town board.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6030

H. F. No. 2613 was reported to the House.

Boudreau moved that H. F. No. 2613 be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

H. F. No. 3132, A bill for an act relating to landlords and tenants; providing for interest rates on security deposits; amending Minnesota Statutes 1999 Supplement, section 504B.178, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 93 yeas and 36 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Hasskamp Leppik Pelowski Sykora
Abrams Dorman Hilty Lieder Rest Tingelstad
Anderson, B. Dorn Holberg Lindner Reuter Tuma
Biernat Erhardt Holsten Mares Rhodes Tunheim
Bishop Erickson Howes McCollum Rifenberg Vandeveer
Boudreau Finseth Jennings Molnau Rostberg Wenzel
Bradley Fuller Johnson Mulder Seagren Westerberg
Broecker Gerlach Kahn Murphy Seifert, J. Westfall
Buesgens Goodno Kalis Ness Seifert, M. Westrom
Carlson Gray Kelliher Nornes Skoglund Wilkin
Cassell Greenfield Kielkucki Olson Smith Wolf
Clark, J. Gunther Knoblach Opatz Solberg Workman
Daggett Haake Krinkie Orfield Stanek Spk. Sviggum
Davids Haas Kubly Ozment Stang
Dawkins Hackbarth Kuisle Paulsen Storm
Dehler Harder Larsen, P. Pawlenty Swenson

Those who voted in the negative were:

Anderson, I. Gleason Koskinen Mariani Otremba Skoe
Carruthers Greiling Larson, D. Marko Paymar Swapinski
Chaudhary Hausman Leighton McGuire Peterson Tomassoni
Clark, K. Huntley Lenczewski Milbert Pugh Trimble
Entenza Jaros Luther Mullery Rukavina Wagenius
Folliard Juhnke Mahoney Osskopp Schumacher Winter

The bill was passed and its title agreed to.

S. F. No. 86 which was temporarily laid over earlier today on the Calendar for the Day was again reported to the House.


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S. F. No. 86, A bill for an act relating to education; providing for technical and other changes to kindergarten through grade 12 education provisions; amending Minnesota Statutes 1998, sections 120B.05; 120B.11, subdivision 5; 121A.25, subdivision 1; 123A.22, subdivisions 6 and 7; 123A.27; 123A.48, subdivision 19; 123A.485, subdivision 1; 123B.14, subdivision 5; 123B.31; 123B.70, subdivision 1; 123B.86, subdivision 1; 123B.88, subdivisions 1, 13, and 22; 123B.95, subdivision 2; 124D.11, subdivision 5; 124D.114; 124D.21; 124D.38, subdivision 9; 124D.40; 124D.41; 124D.42, subdivisions 4, 6, and 7; 124D.43; 124D.45, subdivisions 1 and 2; 124D.454, subdivision 8; 124D.53, subdivision 2; 124D.61; 124D.70; 124D.81, subdivision 1; 124D.83, subdivision 2; 124D.895; 124D.896; 125A.62, subdivision 1; 125A.77, subdivision 1; 125A.79, subdivision 1; 126C.05, subdivisions 4 and 5; 126C.10, subdivision 9; 126C.14; 126C.15, subdivision 3; 126C.16, subdivisions 1 and 2; 126C.22, subdivision 4; 126C.41, subdivision 1; 126C.44; 126C.48, subdivisions 2 and 5; 127A.41, subdivision 1; 127A.45, subdivision 13; and 127A.49, subdivisions 2 and 3; Laws 1998, chapter 398, article 5, section 50, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 120A; repealing Minnesota Statutes 1998, sections 123B.92, subdivision 10; 124D.128, subdivision 4; 124D.38, subdivision 10; and 124D.45, subdivision 3; Laws 1995, First Special Session chapter 3, article 5, section 9; Laws 1997, chapter 192, section 19.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

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


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6032

MOTIONS AND RESOLUTIONS

Jaros moved that the name of Swapinski be added as chief author on H. F. No. 1110. The motion prevailed.

Rifenberg moved that the name of Mulder be added as an author on H. F. No. 2499. The motion prevailed.

Rifenberg moved that the name of Mulder be added as an author on H. F. No. 2514. The motion prevailed.

Harder moved that the name of Mulder be added as an author on H. F. No. 2523. The motion prevailed.

Ness moved that the name of Mulder be added as an author on H. F. No. 2557. The motion prevailed.

Storm moved that the names of Stanek, Mahoney, Swenson, Dorn and Harder be added as authors on H. F. No. 2563. The motion prevailed.

Carruthers moved that the names of Haas and Luther be added as authors on H. F. No. 2676. The motion prevailed.

Juhnke moved that the names of Mulder and Otremba be added as authors on H. F. No. 2707. The motion prevailed.

Stanek moved that the name of Bishop be added as an author on H. F. No. 2751. The motion prevailed.

Greenfield moved that the name of Orfield be added as an author on H. F. No. 2853. The motion prevailed.

Seifert, M., moved that the name of Mulder be added as an author on H. F. No. 3125. The motion prevailed.

Dawkins moved that the name of Holberg be added as an author on H. F. No. 3311. The motion prevailed.

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

Otremba moved that the name of Tingelstad be added as an author on H. F. No. 3513. The motion prevailed.

Rostberg moved that the name of Tingelstad be added as an author on H. F. No. 3554. The motion prevailed.

Holsten moved that the names of Juhnke and Otremba be added as authors on H. F. No. 3582. The motion prevailed.

Kielkucki moved that the name of Westerberg be added as an author on H. F. No. 3608. The motion prevailed.

Sviggum moved that the names of Westerberg and Dempsey be added as authors on H. F. No. 3674. The motion prevailed.

Bakk moved that the names of Swapinski, Huntley and Jaros be added as authors on H. F. No. 3678. The motion prevailed.

Molnau moved that the names of Swenson, Knoblach and Mulder be added as authors on H. F. No. 3723. The motion prevailed.

Abeler moved that the name of Swapinski be added as an author on H. F. No. 3764. The motion prevailed.

Kielkucki moved that the name of Rifenberg be added as an author on H. F. No. 3768. The motion prevailed.


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6033

Clark, J., moved that the name of Harder be added as an author on H. F. No. 3787. The motion prevailed.

Molnau moved that the name of Mulder be added as an author on H. F. No. 3794. The motion prevailed.

Erickson moved that the name of Westrom be added as an author on H. F. No. 3801. The motion prevailed.

Westfall moved that the names of Nornes, Cassell and Harder be added as authors on H. F. No. 3802. The motion prevailed.

Dehler moved that the name of Harder be added as an author on H. F. No. 3805. The motion prevailed.

Nornes moved that the name of Cassell be added as an author on H. F. No. 3808. The motion prevailed.

Wagenius moved that the name of Nornes be added as an author on H. F. No. 3809. The motion prevailed.

Otremba moved that the name of Daggett be added as an author on H. F. No. 3818. The motion prevailed.

Ozment moved that H. F. No. 465 be recalled from the Committee on State Government Finance and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.

Tunheim moved that H. F. No. 2797 be recalled from the Committee on Agriculture Policy and be re- referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.

Molnau moved that H. F. No. 3548 be recalled from the Committee on Transportation Policy and be re- referred to the Committee on Transportation Finance. The motion prevailed.

Finseth moved that H. F. No. 3767 be recalled from the Committee on Environment and Natural Resources Policy and be re-referred to the Committee on Environment and Natural Resources Finance. The motion prevailed.

Molnau moved that H. F. No. 3794 be recalled from the Committee on Transportation Policy and be re- referred to the Committee on Transportation Finance. The motion prevailed.

Smith moved that S. F. No. 2692 be recalled from the Committee on Civil Law and together with H. F. No. 3232, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

ADJOURNMENT

Knoblach moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, February 28, 2000. The motion prevailed.

Knoblach moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, February 28, 2000.

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 77th Day - Thursday, February 24, 2000 - Top of Page 6034