Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7929

STATE OF MINNESOTA

EIGHTY-FIRST SESSION 2000

__________________

NINETY-SIXTH DAY

Saint Paul, Minnesota, Monday, March 27, 2000

This Journal as a PDF document

The House of Representatives convened at 11:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.

Prayer was offered by the Reverend Lonnie E. Titus, House Chaplain.

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

The roll was called and the following members were present:

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

A quorum was present.

Leighton and Wejcman were excused.

Osthoff was excused until 11:45 a.m.

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


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7930

REPORTS OF CHIEF CLERK

S. F. No. 3455 and H. F. No. 2751, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Stanek moved that the rules be so far suspended that S. F. No. 3455 be substituted for H. F. No. 2751 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 23, 2000

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 2723, relating to McLeod county; extending the authority to temporarily office in Glencoe township.

H. F. No. 3236, relating to health; modifying provisions for issuing certified copies of vital records.

H. F. No. 979, relating to landlords and tenants; providing that landlords may apportion utility payments among residential units.

H. F. No. 1865, relating to courts; requesting the jury reform task force to consider issues related to nursing mothers.

H. F. No. 2815, relating to crime; providing for the distribution of certain fine proceeds in Hennepin county; repealing an expiration date.

H. F. No. 2927, relating to local government associations; authorizing group insurance protection for metropolitan intercounty association.


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H. F. No. 3766, relating to pawnbrokers; requiring pawnbrokers who provide law enforcement agencies with electronic records of transactions to use a specified interchange file specification format.

H. F. No. 2873, relating to local government; clarifying the time requirements for processing instruments presented to certain county offices; clarifying the effect of certain requirements on an appointed department head in Anoka county.

Sincerely,

Jesse Ventura

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2000 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2000 2000

2723 266 10:38 a.m. March 23 March 23

3236 267 10:40 a.m. March 23 March 23

979 268 10:40 a.m. March 23 March 23

1865 269 10:41 a.m. March 23 March 23

2815 270 10:42 a.m. March 23 March 23

2776 271 10:43 a.m. March 23 March 23

3355 272 10:43 a.m. March 23 March 23

2927 273 10:44 a.m. March 23 March 23

3766 274 10:45 a.m. March 23 March 23

2873 275 10:45 a.m. March 23 March 23

Sincerely,

Mary Kiffmeyer
Secretary of State


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7932

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 24, 2000

The Honorable Steve Sviggum

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Sviggum:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 3113, relating to health occupations; permitting an additional pharmacy technician in a pharmacy if the technician is nationally certified.

H. F. No. 2505, relating to natural resources; modifying effective period of state park permits.

H. F. No. 2502, relating to highways; designating Brainerd bypass as C. Elmer Anderson Memorial Highway.

H. F. No. 2824, relating to motor vehicles; providing for one or two license plates on collector and similar vehicles at the owner's discretion.

H. F. No. 3156, relating to highways; designating trunk highway No. 390, and marked as interstate highway I-35, the 34th Infantry (Red Bull) Division Highway.

H. F. No. 3132, relating to landlords and tenants; providing for interest rates on security deposits.

Sincerely,

Jesse Ventura

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Steve Sviggum

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2000 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7933

preservation, pursuant to the State Constitution, Article IV, Section 23:

Time and

S.F. H.F. Session Laws Date Approved Date Filed

No. No. Chapter No. 2000 2000

3113 276 10:40 a.m. March 24 March 24

2505 278 10:42 a.m. March 24 March 24

2502 279 10:43 a.m. March 24 March 24

2824 280 10:45 a.m. March 24 March 24

3156 281 10:45 a.m. March 24 March 24

3132 282 10:47 a.m. March 24 March 24

Sincerely,

Mary Kiffmeyer
Secretary of State

REPORTS OF STANDING COMMITTEES

Pawlenty from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 3465, A bill for an act relating to crime prevention; providing criminal penalties for persons who threaten to harm a school official; amending Minnesota Statutes 1998, section 609.713, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 10, delete "to harm a" and insert "to inflict bodily harm on a" and after "official" insert ", knowing that the victim is a school official and"

With the recommendation that when so amended the bill pass.

The report was adopted.

Pawlenty from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 3597, A bill for an act relating to state government; regulating investments; modifying investment options for the medical education endowment fund and the tobacco use prevention and local public health endowment fund; amending Minnesota Statutes 1998, section 11A.24, subdivisions 5 and 6; Minnesota Statutes 1999 Supplement, sections 62J.694, subdivisions 1 and 2; and 144.395, subdivisions 1 and 2.

Reported the same back with the following amendments:

Page 3, line 16, reinstate the stricken "The"

Page 3, line 17, reinstate the stricken language and before the period, insert ", except that the principal may be used to make expenditures from the fund for the purposes specified in this section when the market value of the fund falls below 105 percent of the cumulative total of the tobacco settlement payments received by the state and credited


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7934

to the tobacco settlement fund under section 16A.87, subdivision 2. For purposes of this section, "principal" means an amount equal to the cumulative total of the tobacco settlement payments received by the state and credited to the tobacco settlement fund under section 16A.87, subdivision 2"

Page 4, line 20, reinstate the stricken language

Page 4, line 21, reinstate the stricken "inviolate." and before the period, insert ", except that the principal may be used to make expenditures from the fund for the purposes specified in this section when the market value of the fund falls below 105 percent of the cumulative total of the tobacco settlement payments received by the state and credited to the tobacco settlement fund under section 16A.87, subdivision 2. For purposes of this section, "principal" means an amount equal to the cumulative total of the tobacco settlement payments received by the state and credited to the tobacco settlement fund under section 16A.87, subdivision 2"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 3465 and 3597 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 3455 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Seifert, M.; Mulder; Harder and Workman introduced:

H. F. No. 4130, A bill for an act relating to state government; abolishing the office of environmental assistance and transferring responsibilities; requiring the revisor to make technical conforming changes to Minnesota Statutes.

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

Wolf, Jennings, Davids and Gunther introduced:

H. F. No. 4131, A bill for an act relating to telecommunications; modifying, recodifying, reorganizing, and clarifying laws relating to telecommunications; amending Minnesota Statutes 1998, sections 16A.124, subdivision 8; 18.205; 115B.02, subdivision 14; 256.978, subdivision 2; 308A.210, subdivision 8; 325E.021; 325F.692, subdivision 3; 325F.693, subdivision 2; 326.242, subdivision 12; 326.2421, subdivision 2; 403.09; 403.11, subdivision 1; 412.014; and 609.892, subdivision 1; Minnesota Statutes 1999 Supplement, sections 16B.465,


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subdivision 1; 221.031, subdivision 2; and 270B.14, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 237A; repealing Minnesota Statutes 1998, sections 237.01; 237.011; 237.02; 237.03; 237.035; 237.04; 237.05; 237.06; 237.065; 237.067; 237.068; 237.069; 237.07; 237.071; 237.072; 237.075; 237.076; 237.081; 237.082; 237.09; 237.10; 237.11; 237.115; 237.12; 237.121; 237.14; 237.15; 237.16; 237.162; 237.163; 237.164; 237.17; 237.18; 237.19; 237.20; 237.21; 237.22; 237.23; 237.231; 237.24; 237.25; 237.26; 237.27; 237.28; 237.295; 237.30; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 237.44; 237.45; 237.46; 237.461, subdivision 1; 237.47; 237.49; 237.50; 237.51, subdivisions 1 and 5; 237.52; 237.53; 237.54; 237.55; 237.56; 237.57; 237.58; 237.59; 237.60; 237.61; 237.62; 237.625; 237.626; 237.63; 237.64; 237.65; 237.66; 237.661; 237.662; 237.663; 237.67; 237.68; 237.69; 237.70, subdivisions 1, 2, 3, 5, 6, and 7; 237.701; 237.71; 237.711; 237.73; 237.74; 237.75; 237.76; 237.761; 237.762; 237.763; 237.764; 237.765; 237.766; 237.767; 237.768; 237.769; 237.770; 237.771; 237.772; 237.773; 237.774; 237.775; 237.79; 237.80; and 237.81; Minnesota Statutes 1999 Supplement, sections 237.036; 237.066; 237.461, subdivisions 2, 3, and 4; 237.462; 237.51, subdivision 5a; 237.5799; and 237.70, subdivision 4a; Minnesota Rules, parts 7810.0300; 7810.0400; 7810.0700; 7810.0800; 7810.0900; 7810.1200; 7810.1300; 7810.1500; 7810.1600; 7810.1700; 7810.1900; 7810.2000; 7810.2100; 7810.2200; 7810.2300; 7810.2400; 7810.2500; 7810.2600; 7810.2700; 7810.2800; 7810.3000; 7810.3100; 7810.3200; 7810.3300; 7810.3400; 7810.3500; 7810.3600; 7810.3700; 7810.3800; 7810.3900; 7810.4000; 7810.4200; 7810.4300; 7810.4400; 7810.4500; 7810.4600; 7810.4700; 7810.4800; 7810.5100; 7810.5500; 7810.5600; 7810.5700; 7810.6100; 7810.6200; 7810.6300; 7810.6400; 7810.6500; 7810.6600; 7810.6700; 7810.6800; 7810.6900; 7810.7000; 7810.7100; 7810.7200; 7810.7300; 7810.7400; 7810.7500; 7810.7600; 7810.7700; 7810.7800; 7810.7900; 7810.8000; 7810.8100; 7810.8200; 7810.8300; 7810.8400; 7810.8500; 7810.8600; 7810.8605; 7810.8610; 7810.8615; 7810.8620; 7810.8625; 7810.8630; 7810.8635; 7810.8640; 7810.8645; 7810.8650; 7810.8655; 7810.8660; 7810.8665; 7810.8670; 7810.8675; 7810.8680; 7810.8685; 7810.8690; 7810.8700; 7810.8705; 7810.8710; 7810.8715; 7810.8720; 7810.8725; 7810.8730; 7810.8735; 7810.8740; 7810.8745; 7810.8750; 7810.8755; 7810.8760; 7810.8800; 7810.8805; 7810.8810; 7810.8815; 7810.8900; 7810.8905; 7810.8910; 7810.8915; 7810.8920; 7810.8925; 7810.8930; 7810.8935; 7810.8940; 7813.0100; 7813.0200; 7813.0300; 7813.0400; 7813.0500; 7813.0600; 7813.0700; 7813.0800; 7813.0900; 7813.1000; 7813.1100; 7817.0100; 7817.0200; 7817.0300; 7817.0400; 7817.0500; 7817.0600; 7817.0700; 7817.0800; 7817.0900; 7817.1000; 7827.0100; 7827.0200; 7827.0300; 7827.0400; 7827.0500; 7827.0600; 7829.0100; 7829.0200; 7829.0300; 7829.0400; 7829.0500; 7829.0600; 7829.0700; 7829.0800; 7829.0900; 7829.1000; 7829.1100; 7829.1200; 7829.1300; 7829.1400; 7829.1500; 7829.1600; 7829.1700; 7829.1800; 7829.1900; 7829.2000; 7829.2100; 7829.2200; 7829.2300; 7829.2400; 7829.2500; 7829.2600; 7829.2700; 7829.2800; 7829.2900; 7829.3000; 7829.3100; 7829.3200; 7831.0100; 7831.0200; 7831.0300; 7831.0400; 7831.0500; 7831.0600; 7831.0700; and 7831.0800.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 3209, A bill for an act relating to health care; modifying the major commitment expenditure report requirements; amending Minnesota Statutes 1998, section 62J.17, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7936

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2699, A bill for an act relating to public administration; appropriating money for health and human services, agriculture, environment and natural resources, criminal justice, state government, and economic development; establishing and modifying certain programs; providing for regulation of certain activities and practices; providing for accounts, assessments, and fees; providing penalties; amending Minnesota Statutes 1998, sections 13.82, subdivision 3b; 15.0591, subdivision 2; 15A.0815, subdivisions 2 and 3; 16A.10, by adding a subdivision; 16A.11, subdivision 3; 16A.124, by adding a subdivision; 16A.126, subdivision 2; 16B.052; 16B.31, by adding a subdivision; 16B.335, subdivision 5; 16B.42, subdivisions 2 and 3; 16B.48, subdivision 4; 16B.485; 17A.03, subdivision 5; 18E.04, subdivision 4; 41A.09, subdivision 3a; 41B.03, subdivisions 1 and 2; 41B.039, subdivision 2; 41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 2; 41B.045, subdivision 2; 43A.38, subdivision 1; 60H.03, by adding a subdivision; 80A.122, by adding a subdivision; 80A.28, subdivision 1; 85A.02, subdivision 5a; 103E.011, by adding a subdivision; 115B.17, subdivision 19; 119A.05, subdivision 1; 119A.37, subdivision 4; 120B.22, subdivision 1; 121A.15, subdivisions 4 and 10; 125A.74, subdivisions 1 and 2; 138.17, subdivision 10; 144.551, subdivision 1; 144A.071, by adding a subdivision; 169.01, subdivision 37; 169.121, subdivision 3b; 169.129, by adding a subdivision; 169.21, subdivisions 2 and 3; 169.89, subdivision 2; 179A.18, subdivision 1; 181.932, subdivision 1; 182.661, subdivision 1; 182.666, subdivision 2, and by adding a subdivision; 193.143; 198.03, subdivision 1; 221.173; 242.41; 242.43; 242.44; 254B.03, subdivision 1; 256.01, by adding a subdivision; 256.011, subdivision 3; 256.741, by adding a subdivision; 256.955, subdivisions 1 and 2; 256.9753, subdivision 3; 256.995, subdivision 1; 256B.431, by adding subdivisions; 256B.69, subdivision 5d; 256J.08, by adding a subdivision; 256J.15, by adding a subdivision; 256J.32, by adding a subdivision; 256J.40; 256J.45, subdivision 3; 256J.46, by adding subdivisions; 256J.47, subdivision 1; 256J.49, subdivision 13; 256J.50, subdivisions 5 and 7; 256J.52, by adding a subdivision; 256L.05, subdivision 5; 257.75, subdivision 6; 268.362, subdivision 2; 345.31, by adding a subdivision; 345.39, subdivision 1; 349A.02, subdivision 1; 352.91, subdivision 3c, and by adding subdivisions; 352D.02, subdivision 1; 352D.04, subdivision 2; 356.30, subdivision 1; 383B.225, subdivision 2; 390.005, subdivision 3; 390.33, subdivision 1; 422A.101, subdivision 3; 471.345, by adding a subdivision; 490.121, subdivision 4, and by adding a subdivision; 490.123, subdivisions 1a and 1b; 490.124, subdivision 1; 518B.01, subdivision 21; 609.02, subdivisions 3 and 4a; 609.03; 609.033; 609.0331; 609.0332, subdivision 1; 609.034; 609.135, by adding a subdivision; 609.2231, subdivision 1; 609.378, subdivision 1; 611A.07, subdivision 1; 611A.32, subdivisions 1, 2, 3, and 5; 611A.33; 611A.34, subdivisions 1, 2, and 3; 611A.345; 611A.35; 611A.36, subdivisions 1 and 2; 626.556, by adding a subdivision; 629.342, subdivision 2; and 629.72, subdivision 6; Minnesota Statutes 1999 Supplement, sections 3.971, subdivision 8; 10A.01, subdivisions 2 and 21; 13.99, subdivision 108, and by adding a subdivision; 15.059, subdivision 5a; 16A.103, subdivision 1; 16A.129, subdivision 3; 16B.616, subdivisions 3 and 4; 62J.535, subdivision 2; 62J.694, subdivision 2; 116.073, subdivision 1; 116J.421, subdivision 2; 119B.011, subdivision 15; 119B.02, subdivision 1; 125B.21, subdivision 1; 144.395, by adding a subdivision; 144.396, subdivisions 11 and 12; 144A.04, subdivision 5; 147.09; 169.121, subdivisions 3, 3d, and 3f; 169.1217, subdivision 7; 169.129, subdivision 1; 179A.04, subdivision 3; 181.932, subdivision 2; 214.01, subdivision 2; 241.272, subdivision 6; 242.192; 256.01, subdivision 2; 256.019; 256.955, subdivisions 4, 8, and 9; 256B.0916, subdivision 1; 256B.69, subdivision 5b; 256D.03, subdivision 4; 256J.02, subdivision 2; 256J.08, subdivision 86; 256J.21, subdivision 2; 256J.26, subdivision 1; 256J.33, subdivision 4; 256J.34, subdivisions 1 and 4; 256J.46, subdivisions 1, 2, and 2a; 256J.52, subdivisions 3 and 5; 256J.56; 256L.07, subdivision 1; 326.105; 473.3993, subdivision 3; 609.135, subdivision 2; 626.556, subdivision 2; and 626.558, subdivision 1; Laws 1997, chapter 200, article 1, section 5, subdivision 3; Laws 1997, chapter 225, article 4, section 4, as amended; Laws 1998, chapter 389, article 16, section 31, subdivision 2, as amended; Laws 1999, chapter 216, article 1, sections 2, subdivision 3; 9; 14; Laws 1999, chapter 223, article 1, section 6, subdivision 1; article 2, section 81, as amended; article 3, section 8; Laws 1999, chapter 231, sections 2, subdivision 2; 6, as amended; 11, subdivision 3; Laws 1999, chapter 245, article 1, section 2, subdivisions 3, 5, and 10; article 4, section 121; and Laws 1999, chapter 250, article 1, sections 11; 14, subdivision 3; 18; and 116; proposing coding for new law in Minnesota Statutes, chapters 3; 5; 10A; 16A; 41B; 43A; 85; 136F; 144; 145; 169; 181; 182; 198; 242; 252; 256J; 256K; 260B; 326; 345; 473; and 611A; proposing coding for new law as Minnesota Statutes, chapter 146A; repealing Minnesota Statutes


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1998, sections 16B.37, subdivisions 1, 2, and 3; 16B.88; 16E.01, subdivisions 2 and 3; 16E.03, subdivisions 1 and 3; 16E.04, subdivision 1; 16E.05; 16E.06; 16E.07, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, and 11; 136F.59, subdivision 3; 168A.40, subdivisions 1 and 3; 184A.01; 184A.02; 184A.03; 184A.04; 184A.05; 184A.06; 184A.07; 184A.08; 184A.09; 184A.10; 184A.11; 184A.12; 184A.13; 184A.14; 184A.15; 184A.16; 184A.17; 184A.18; 184A.19; 184A.20; 241.41; 241.42; 241.43; 241.44; 241.441; 241.45; 256J.46, subdivision 1a; 352.91, subdivision 4; 465.795; 465.796; 465.797, subdivisions 2, 3, 4, 5, 6, and 7; 465.7971; 465.798; 465.799; 465.801; 465.802; 465.803; 465.81; 465.82, subdivisions 1, 2, and 3; 465.83; 465.84; 465.85; 465.86; 465.87; and 465.88; Minnesota Statutes 1999 Supplement, sections 16E.01, subdivision 1; 16E.02; 16E.03, subdivisions 2, 4, 5, 6, 7, and 8; 16E.04, subdivision 2; 16E.07, subdivision 4; 16E.08; 43A.318; 144.396, subdivision 13; 168A.40, subdivision 2; 465.797, subdivisions 1 and 5a; and 465.82, subdivision 4; Laws 1997, chapter 203, article 7, section 27; Laws 1999, chapter 135, section 9; Laws 1999, chapter 245, article 5, section 24; and Laws 1999, chapter 250, article 1, section 15, subdivision 4; Minnesota Rules, parts 3800.3810; 7672.0100; 7672.0200; 7672.0300; 7672.0400; 7672.0500; 7672.0600; 7672.0700; 7672.0800; 7672.0900; 7672.1000; 7672.1100; 7672.1200; 7672.1300; 7674.0100; 7674.0200; 7674.0300; 7674.0400; 7674.0500; 7674.0600; 7674.0700; 7674.0800; 7674.0900; 7674.1000; 7674.1100; and 7674.1200.

The Senate has appointed as such committee:

Senators Samuelson, Krentz, Price, Janezich and Kiscaden.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 2397, A bill for an act relating to occupational health and safety; establishing standards for employer activities to reduce occupational exposure to bloodborne pathogens through sharps injuries; proposing coding for new law in Minnesota Statutes, chapter 182.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Higgins; Johnson, D. H., and Lesewski.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Ozment moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2397. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 3581, A bill for an act relating to liquor; authorizing the city of Minneapolis to issue an on-sale wine and malt liquor license for the Illusion Theatre and the Hollywood Theatre; authorizing winemaking on premises stores; authorizing the city of St. Paul to issue an on-sale wine and malt liquor license to the Great American History


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Theater; exempting an on-sale intoxicating liquor license in Bemidji from statutory restrictions on proximity to a state university; authorizing the cities of Duluth, Springfield, and Eveleth, to issue on-sale intoxicating liquor licenses; authorizing the city of Anoka to issue an on-sale wine license; amending Minnesota Statutes 1999 Supplement, section 340A.404, subdivisions 2 and 2b; Laws 1999, chapter 202, section 15; proposing coding for new law in Minnesota Statutes, chapter 340A.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Solon, Metzen and Larson.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Paulsen moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3581. The motion prevailed.

Mr. Speaker:

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

H. F. No. 4078, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions and directions; establishing the Red River State Recreation Area and the Mill Towns Trail; establishing a working group on effects of increased activity in the DM&E railroad corridor; providing for certain surcharge forgiveness for a time for Gillette Children's Hospital, with certain conditions; authorizing the sale of state bonds; appropriating money; amending Minnesota Statutes 1998, sections 85.015, by adding a subdivision; 136F.36, subdivisions 1, 3, and by adding a subdivision; 136F.60, by adding a subdivision; and 136F.64, subdivision 1; Minnesota Statutes 1999 Supplement, sections 119A.45; and 124D.88, subdivision 3; Laws 1998, chapter 404, sections 3, subdivision 24; 5, subdivision 11, as amended; 7, subdivision 23, as amended; and 23, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 240A.

Patrick E. Flahaven, Secretary of the Senate

` Knoblach moved that the House refuse to concur in the Senate amendments to H. F. No. 4078, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 1590

A bill for an act relating to peace officers; clarifying warrant authority of alcohol and gambling agents; amending Minnesota Statutes 1998, section 626.11.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7939

March 23, 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. 1590, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendment.

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

House Conferees: Tim Mahoney and Tom Osthoff.

Senate Conferees: Charles A. Berg, David L. Knutson and Jim Vickerman.

Mahoney moved that the report of the Conference Committee on H. F. No. 1590 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 1590, A bill for an act relating to peace officers; clarifying warrant authority of alcohol and gambling agents; amending Minnesota Statutes 1998, section 626.11.

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 81 yeas and 46 nays as follows:

Those who voted in the affirmative were:

Abeler Folliard Jennings Mahoney Pawlenty Storm
Abrams Fuller Johnson Mares Paymar Swapinski
Anderson, I. Gleason Juhnke Marko Pelowski Tingelstad
Biernat Goodno Kahn McCollum Peterson Trimble
Bishop Gray Kalis Milbert Pugh Van Dellen
Bradley Greiling Kelliher Molnau Rest Wagenius
Broecker Gunther Koskinen Mulder Rhodes Wejcman
Carlson Haake Kubly Mullery Schumacher Wenzel
Carruthers Haas Larsen, P. Murphy Seifert, J. Westfall
Chaudhary Hackbarth Larson, D. Ness Skoe Winter
Dawkins Hasskamp Lenczewski Opatz Skoglund Spk. Sviggum
Dorn Hausman Leppik Orfield Smith
Entenza Hilty Lieder Otremba Solberg
Erhardt Howes Luther Ozment Stanek

Those who voted in the negative were:

Anderson, B. Dehler Holsten Nornes Seagren Vandeveer
Bakk Dempsey Huntley Olson Seifert, M. Westerberg

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7940
Boudreau Dorman Jaros Osskopp Stang Westrom
Buesgens Erickson Kielkucki Paulsen Swenson Wilkin
Cassell Finseth Knoblach Reuter Sykora Wolf
Clark, J. Gerlach Kuisle Rifenberg Tomassoni Workman
Daggett Harder Lindner Rostberg Tuma
Davids Holberg McElroy Rukavina Tunheim

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

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the following change in membership of the Conference Committee on H. F. No. 2699:

Delete the name of Osthoff and add the name of Skoe.

FISCAL CALENDAR

Pursuant to rule 1.22, Abrams requested immediate consideration of H. F. No. 4127.

H. F. No. 4127 was reported to the House.

Abrams moved to amend H. F. No. 4127, the first engrossment, as follows:

Page 6, line 6, delete "before the later of" and insert "by" and delete everything after "2000"

Page 6, line 7, delete everything before the period

Page 12, line 29, delete "throughout the state" and insert "in the qualified counties"

Page 28, line 10, strike "and"

Page 28, line 15, after the semicolon, insert "and"

Page 71, line 6, delete "ten" and insert "15"

Page 81, line 21, after "classified" insert "as the owner's"

Page 104, line 13, after "hangar" insert "not exempt under section 272.01, subdivision 2,"

Page 104, line 18, delete "other"

Page 104, line 21, delete "the"

Page 104, line 22, delete "effective date of this act" and insert "June 30, 2000"

Page 127, line 18, delete "of the"


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7941

Page 127, line 19, delete "applicant" and after "services" insert "levied within the city or town, whether by the city or town itself or by the metropolitan council,"

Page 127, line 29, after "473.446" insert "and the opt-out municipalities under section 473.388"

Page 127, lines 29 and 30, delete "the council's"

Page 142, lines 12, 16 and 33, delete "act" and insert "section"

Page 165, line 34, delete "20" and insert "15"

Pages 217 and 218, move section 12 to page 220, after line 3

Page 328, line 14, delete "act" and insert "article"

Page 328, line 15, delete "act's" and insert "article's"

Page 418, line 12, delete "act" and insert "article"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Pugh moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 39, lines 4, 15, and 23, delete "5" and insert "4.9"

Page 39, lines 6, 17, and 25, delete "6.5" and insert "6.3"

Page 39, lines 7, 18, and 26, reinstate the stricken "8" and delete "7.5"

Page 51, delete lines 7 to 36

Page 52, delete lines 1 to 21 and insert:

"$14,250 - $15,249 $5 $0

$15,250 - $16,249 $19 $0

$16,250 - $17,249 $33 $0

$17,250 - $18,249 $47 $0

$18,250 - $19,249 $61 $0

$19,250 - $20,249 $75 $0

$20,250 - $21,249 $89 $0

$21,250 - $22,249 $103 $0

$22,250 - $23,249 $117 $0

$23,250 - $24,249 $131 $0

$24,250 - $25,249 $132 $0

$25,250 - $26,249 $132 $0

$26,250 - $27,249 $132 $0

$27,250 - $28,249 $132 $0


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7942

$28,250 - $29,249 $132 $0

$29,250 - $30,249 $132 $0

$30,250 - $31,249 $132 $0

$31,250 - $32,249 $132 $0

$32,250 - $33,249 $132 $0

$33,250 - $34,249 $132 $0

$34,250 - $35,249 $132 $0

$35,250 - $36,249 $132 $0

$36,250 - $37,249 $132 $0

$37,250 - $38,249 $132 $0

$38,250 - $39,249 $132 $0

$39,250 - $40,249 $132 $0

$40,250 - $41,249 $132 $0

$41,250 - $42,249 $132 $0

$42,250 - $43,249 $132 $0

$43,250 - $44,249 $132 $8

$44,250 - $45,249 $132 $25

$45,250 - $46,249 $132 $42

$46,250 - $47,249 $132 $59

$47,250 - $48,249 $132 $76

$48,250 - $49,249 $132 $93

$49,250 - $50,249 $132 $110

$50,250 - $51,249 $132 $127

$51,250 - $52,249 $132 $144

$52,250 - $53,249 $132 $161

$53,250 - $54,249 $132 $178

$54,250 - $55,249 $132 $195

$55,250 - $56,249 $132 $212

$56,250 - $57,249 $132 $229

$57,250 - $58,249 $132 $246

$58,250 - $59,249 $132 $263

$59,250 - $60,249 $132 $280

$60,250 - $61,249 $132 $297

$61,250 - $62,249 $132 $314

$62,250 - $63,249 $132 $331

$63,250 - $64,249 $132 $348

$64,250 and over $132 $360"

A roll call was requested and properly seconded.

The question was taken on the Pugh amendment and the roll was called. There were 65 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Abeler Folliard Jaros Lieder Orfield Skoglund
Anderson, I. Fuller Jennings Luther Osthoff Solberg
Bakk Gleason Johnson Mahoney Otremba Swapinski
Biernat Gray Juhnke Mariani Paymar Tomassoni
Carlson Greenfield Kahn Marko Pelowski Trimble
Carruthers Greiling Kalis McCollum Peterson Tunheim
Chaudhary Hasskamp Kelliher McGuire Pugh Wagenius
Clark, K. Hausman Koskinen Milbert Rest Wenzel
Dawkins Hilty Kubly Mullery Rukavina Westerberg

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7943
Dorn Howes Larson, D. Murphy Schumacher Winter
Entenza Huntley Lenczewski Opatz Skoe

Those who voted in the negative were:

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

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

Van Dellen and Milbert moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 72, line 31, delete "seven" and insert "five"

A roll call was requested and properly seconded.

CALL OF THE HOUSE

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

Abeler Dorn Holsten Luther Paulsen Storm
Abrams Entenza Howes Mahoney Pawlenty Swapinski
Anderson, B. Erhardt Huntley Mares Paymar Swenson
Anderson, I. Erickson Jaros Mariani Pelowski Sykora

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7944
Bakk Finseth Jennings Marko Peterson Tingelstad
Biernat Folliard Johnson McCollum Pugh Tomassoni
Bishop Fuller Juhnke McElroy Rest Trimble
Boudreau Gerlach Kahn McGuire Reuter Tuma
Bradley Gleason Kalis Milbert Rhodes Tunheim
Broecker Goodno Kelliher Molnau Rifenberg Van Dellen
Buesgens Gray Kielkucki Mulder Rostberg Vandeveer
Carlson Greenfield Knoblach Mullery Rukavina Wagenius
Carruthers Greiling Koskinen Murphy Schumacher Wenzel
Cassell Gunther Krinkie Ness Seagren Westerberg
Chaudhary Haake Kubly Nornes Seifert, J. Westfall
Clark, J. Haas Kuisle Olson Seifert, M. Westrom
Clark, K. Hackbarth Larsen, P. Opatz Skoe Wilkin
Daggett Harder Larson, D. Orfield Skoglund Winter
Davids Hasskamp Lenczewski Osskopp Smith Wolf
Dawkins Hausman Leppik Osthoff Solberg Workman
Dehler Hilty Lieder Otremba Stanek Spk. Sviggum
Dempsey Holberg Lindner Ozment Stang

Pawlenty moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

The question recurred on the Van Dellen and Milbert amendment and the roll was called.

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

There were 61 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Abeler Finseth Jaros McCollum Reuter Tunheim
Anderson, B. Fuller Jennings McGuire Rukavina Van Dellen
Bakk Greenfield Johnson Milbert Seifert, J. Westerberg
Biernat Haake Kalis Mullery Skoe Westrom
Carlson Haas Koskinen Murphy Skoglund Workman
Carruthers Hackbarth Krinkie Olson Smith Spk. Sviggum
Chaudhary Hausman Larsen, P. Osskopp Solberg
Dempsey Hilty Larson, D. Paulsen Stanek
Dorn Holsten Lieder Pawlenty Swapinski
Erhardt Howes Luther Paymar Tomassoni
Erickson Huntley Marko Pugh Tuma

Those who voted in the negative were:

Abrams Dawkins Hasskamp Mahoney Ozment Swenson
Anderson, I. Dehler Holberg Mares Pelowski Sykora
Bishop Dorman Juhnke Mariani Peterson Tingelstad
Boudreau Entenza Kahn McElroy Rest Trimble
Bradley Folliard Kelliher Molnau Rhodes Vandeveer
Broecker Gerlach Kielkucki Mulder Rifenberg Wagenius
Buesgens Gleason Knoblach Ness Rostberg Wenzel
Cassell Goodno Kubly Nornes Schumacher Westfall
Clark, J. Gray Kuisle Opatz Seagren Wilkin
Clark, K. Greiling Lenczewski Orfield Seifert, M. Winter
Daggett Gunther Leppik Osthoff Stang Wolf
Davids Harder Lindner Otremba Storm

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

Jennings moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 28, after line 20, insert:

"(14) an amount equal to $450 for each of the taxpayer's personal exemptions, as defined in section 151 of the Internal Revenue Code, and allowed on the taxpayer's federal tax return for the tax year without regard to the phase-out under section 151(d)(3) of the Internal Revenue Code. For taxable years beginning after


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7945

December 31, 2000, the commissioner shall adjust the subtraction amount by the percentage determined under section 290.06, subdivision 2d, for the taxable year; and

(15) an amount equal to $450 for each of the taxpayer's dependent exemptions, as defined in section 152 of the Internal Revenue Code, and allowed on the taxpayer's federal tax return for the tax year without regard to the phase-out under section 151(d)(3) of the Internal Revenue Code. For taxable years beginning after December 31, 2000, the commissioner shall adjust the subtraction amount by the percentage determined under section 290.06, subdivision 2d, for the taxable year. The subtraction in this clause is not allowed to taxpayers who claim the credit in section 290.0676."

Page 28, line 23, delete "Clauses (4), (11), and (13)" and insert "The rest" and delete "are" and insert "is"

Page 39, lines 7, 18, and 26, reinstate the stricken "8" and delete "7.5"

Page 51, delete lines 7 to 36

Page 52, delete lines 1 to 21 and insert:

"$14,250 - $15,249 $6 $0

$15,250 - $16,249 $21 $0

$16,250 - $17,249 $36 $0

$17,250 - $18,249 $51 $0

$18,250 - $19,249 $66 $0

$19,250 - $20,249 $81 $0

$20,250 - $21,249 $96 $0

$21,250 - $22,249 $111 $0

$22,250 - $23,249 $126 $0

$23,250 - $24,249 $141 $0

$24,250 - $25,249 $141 $0

$25,250 - $26,249 $141 $0

$26,250 - $27,249 $141 $0

$27,250 - $28,249 $141 $0

$28,250 - $29,249 $141 $0

$29,250 - $30,249 $141 $0

$30,250 - $31,249 $141 $0

$31,250 - $32,249 $141 $0

$32,250 - $33,249 $141 $0

$33,250 - $34,249 $141 $0

$34,250 - $35,249 $141 $0

$35,250 - $36,249 $141 $0

$36,250 - $37,249 $141 $0

$37,250 - $38,249 $141 $0

$38,250 - $39,249 $141 $0

$39,250 - $40,249 $141 $0

$40,250 - $41,249 $141 $0

$41,250 - $42,249 $141 $2

$42,250 - $43,249 $141 $17

$43,250 - $44,249 $141 $32

$44,250 - $45,249 $141 $47

$45,250 - $46,249 $141 $62

$46,250 - $47,249 $141 $77

$47,250 - $48,249 $141 $92

$48,250 - $49,249 $141 $107

$49,250 - $50,249 $141 $122


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7946

$50,250 - $51,249 $141 $137

$51,250 - $52,249 $141 $152

$52,250 - $53,249 $141 $167

$53,250 - $54,249 $141 $182

$54,250 - $55,249 $141 $197

$55,250 - $56,249 $141 $212

$56,250 - $57,249 $141 $227

$57,250 - $58,249 $141 $242

$58,250 - $59,249 $141 $257

$59,250 - $60,249 $141 $272

$60,250 - $61,249 $141 $287

$61,250 - $62,249 $141 $302

$62,250 - $63,249 $141 $317

$63,250 - $64,249 $141 $332

$64,250 and over $141 $343"

Page 52, line 33, delete "5.9" and insert "6.0"

Page 54, line 20, delete "5.9" and insert "6.0"

Page 55, line 20, delete "5.9" and insert "6.0"

Pages 59 to 61, delete sections 29 and 30

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Jennings amendment and the roll was called. There were 64 yeas and 68 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams Dempsey Holsten Mulder Rostberg Van Dellen
Anderson, B. Dorman Kielkucki Ness Seagren Vandeveer
Bishop Erhardt Knoblach Nornes Seifert, J. Westfall
Boudreau Erickson Krinkie Olson Seifert, M. Westrom
Bradley Finseth Kuisle Opatz Smith Wilkin
Broecker Gerlach Larsen, P. Ozment Stanek Wolf

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7947
Buesgens Goodno Lenczewski Paulsen Stang Workman
Cassell Gunther Leppik Pawlenty Storm Spk. Sviggum
Clark, J. Haake Lindner Rest Swenson
Daggett Haas Mares Reuter Sykora
Davids Harder McElroy Rhodes Tingelstad
Dehler Holberg Molnau Rifenberg Tuma

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

The Speaker called Boudreau to the Chair.

Kubly, Tunheim, Wenzel, Peterson, Otremba, Schumacher, Chaudhary, Hilty, Kelliher, Lieder, Juhnke and Skoe offered an amendment to H. F. No. 4127, the first engrossment, as amended.

POINT OF ORDER

McElroy raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Kubly et al amendment was not in order. Speaker pro tempore Boudreau ruled the point of order well taken and the Kubly et al amendment out of order.

Kubly appealed the decision of Speaker pro tempore Boudreau.

A roll call was requested and properly seconded.

LAY ON THE TABLE

Pawlenty moved to lay the Kubly appeal of the decision of Speaker pro tempore Boudreau on the table.

A roll call was requested and properly seconded.

The question was taken on the Pawlenty motion and the roll was called. There were 70 yeas and 62 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7948
Abeler Dehler Hackbarth Mares Rifenberg Tuma
Abrams Dempsey Harder McElroy Van Dellen
Anderson, B. Dorman Holberg Molnau Vandeveer
Bishop Erhardt Holsten Mulder Westerberg
Boudreau Erickson Howes Ness Westfall
Bradley Finseth Kielkucki Nornes Westrom
Broecker Fuller Knoblach Osskopp Wilkin
Buesgens Gerlach Krinkie Ozment Wolf
Cassell Goodno Kuisle Paulsen Workman
Clark, J. Gunther Larsen, P. Pawlenty Spk. Sviggum
Daggett Haake Leppik Reuter
Davids Haas Lindner Rhodes
Rostberg
Seagren
Seifert, J.
Seifert, M.
Smith
Stanek
Stang
Storm
Swenson
Sykora
Tingelstad

Those who voted in the negative were:

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

The motion prevailed and the appeal of the decision of Speaker pro tempore Boudreau was laid on the table.

Jennings, Dawkins and Hausman moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 28, line 10, strike "and"

Page 28, line 20, before the period, insert "; and

(14) an amount equal to child support payments made under chapter 518 during the taxable year, but not to exceed $1,500 for each child, provided that this subtraction is only available if the taxpayer did not have custody of the child and has made all child support payments due by the close of the taxable year"

Page 39, line 7, reinstate the stricken "8" and delete "7.5"

Page 39, line 18, reinstate the stricken "8" and delete "7.5"

Page 39, line 26, reinstate the stricken "8" and delete "7.5"

Page 45, after line 6, insert:

"Sec. 16. Minnesota Statutes 1999 Supplement, section 290.067, subdivision 1, is amended to read:

Subdivision 1. [AMOUNT OF CREDIT.] (a) A taxpayer may take as a credit against the tax due from the taxpayer and a spouse, if any, under this chapter an amount equal to the dependent care credit for which the taxpayer is eligible pursuant to the provisions of section 21 of the Internal Revenue Code subject to the limitations provided in subdivision 2 except that:

(1) in determining whether the child qualified as a dependent, income received as a Minnesota family investment program grant or allowance to or on behalf of the child must not be taken into account in determining whether the child received more than half of the child's support from the taxpayer, and the provisions of section 32(b)(1)(D) of the Internal Revenue Code do not apply; and


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7949

(2) a dollar limit of $5,000 is substituted for the $2,400 limit under section 21(c)(1) of the Internal Revenue Code and a dollar limit of $10,000 is substituted for the $4,800 limit under section 21(c)(2) of Internal Revenue.

(b) If a child who has not attained the age of six years at the close of the taxable year is cared for at a licensed family day care home operated by the child's parent, the taxpayer is deemed to have paid employment-related expenses. If the child is 16 months old or younger at the close of the taxable year, the amount of expenses deemed to have been paid equals the maximum limit for one qualified individual under section 21(c) and (d) of the Internal Revenue Code. If the child is older than 16 months of age but has not attained the age of six years at the close of the taxable year, the amount of expenses deemed to have been paid equals the amount the licensee would charge for the care of a child of the same age for the same number of hours of care.

(c) If a married couple:

(1) has a child who has not attained the age of one year at the close of the taxable year;

(2) files a joint tax return for the taxable year; and

(3) does not participate in a dependent care assistance program as defined in section 129 of the Internal Revenue Code, in lieu of the actual employment related expenses paid for that child under paragraph (a) or the deemed amount under paragraph (b), the lesser of (i) the combined earned income of the couple or (ii) $2,400 will be deemed to be the employment related expense paid for that child. The earned income limitation of section 21(d) of the Internal Revenue Code shall not apply to this deemed amount. These deemed amounts apply regardless of whether any employment-related expenses have been paid.

(d) If the taxpayer is not required and does not file a federal individual income tax return for the tax year, no credit is allowed for any amount paid to any person unless:

(1) the name, address, and taxpayer identification number of the person are included on the return claiming the credit; or

(2) if the person is an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a) of the Internal Revenue Code, the name and address of the person are included on the return claiming the credit.

In the case of a failure to provide the information required under the preceding sentence, the preceding sentence does not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information required.

In the case of a nonresident, part-year resident, or a person who has earned income not subject to tax under this chapter, the credit determined under section 21 of the Internal Revenue Code must be allocated based on the ratio by which the earned income of the claimant and the claimant's spouse from Minnesota sources bears to the total earned income of the claimant and the claimant's spouse.

Sec. 17. Minnesota Statutes 1998, section 290.067, subdivision 2, is amended to read:

Subd. 2. [LIMITATIONS.] The credit for expenses incurred for the care of each dependent shall not exceed $720 $1,500 in any taxable year, and the total credit for all dependents of a claimant shall not exceed $1,440 $3,000 in a taxable year. The maximum total credit shall be reduced according to the amount of the income of the claimant and a spouse, if any, as follows:

income up to $13,350, $720 $50,000, $1,500 maximum for one dependent, $1,440 $3,000 for all dependents;

income over $13,350 $50,000, the maximum credit for one dependent shall be reduced by $18 $7.50 for every $350 of additional income, $36 $15 for all dependents.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7950

The commissioner shall construct and make available to taxpayers tables showing the amount of the credit at various levels of income and expenses. The tables shall follow the schedule contained in this subdivision, except that the commissioner may graduate the transitions between expenses and income brackets."

Page 45, line 12, after "must" insert "(i)"

Page 45, line 13, before the period, insert "or (ii) file a married joint return, and meet all the qualifications for the credit under section 32 of the Internal Revenue Code except that the earned income of the lesser-earning spouse makes the taxpayer ineligible for the credit under the credit phaseout provisions."

Page 45, line 17, strike "earned income or modified adjusted gross income" and insert "(i) earned income minus the earned income of the lesser-earning spouse or (ii) modified adjusted gross income minus the earned income of the lesser-earning spouse."

Page 45, line 23, strike "earned income or"

Page 45, line 24, strike "modified adjusted gross income" and insert "(i) earned income minus the earned income of the lesser-earning spouse or (ii) modified adjusted gross income minus the earned income of the lesser-earning spouse"

Page 45, line 30, strike "earned income or modified adjusted gross income" and insert "(i) earned income minus the earned income of the lesser-earning spouse or (ii) modified adjusted gross income minus the earned income of the lesser-earning spouse."

Page 46, after line 12, insert:

"Sec. 17. Minnesota Statutes 1998, section 290.0671, subdivision 1a, is amended to read:

Subd. 1a. [DEFINITIONS.] (a) For purposes of this section, the following terms have the meanings given.

(b) "Qualifying child," "earned income," and "modified adjusted gross income" have the meanings given in section 32(c) of the Internal Revenue Code.

(c) "Earned income of the lesser-earning spouse" means the earned income of the spouse with the lesser amount of earned income as defined in paragraph (b) for the taxable year."

Page 51, delete lines 7 to 36

Page 52, delete lines 1 to 21 and insert:

"$14,250 - $15,249 $6 $0

$15,250 - $16,249 $21 $0

$16,250 - $17,249 $36 $0

$17,250 - $18,249 $51 $0

$18,250 - $19,249 $66 $0

$19,250 - $20,249 $81 $0

$20,250 - $21,249 $96 $0

$21,250 - $22,249 $111 $0

$22,250 - $23,249 $126 $0

$23,250 - $24,249 $141 $0

$24,250 - $25,249 $141 $0

$25,250 - $26,249 $141 $0

$26,250 - $27,249 $141 $0

$27,250 - $28,249 $141 $0


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7951

$28,250 - $29,249 $141 $0

$29,250 - $30,249 $141 $0

$30,250 - $31,249 $141 $0

$31,250 - $32,249 $141 $0

$32,250 - $33,249 $141 $0

$33,250 - $34,249 $141 $0

$34,250 - $35,249 $141 $0

$35,250 - $36,249 $141 $0

$36,250 - $37,249 $141 $0

$37,250 - $38,249 $141 $0

$38,250 - $39,249 $141 $0

$39,250 - $40,249 $141 $7

$40,250 - $41,249 $141 $19

$41,250 - $42,249 $141 $32

$42,250 - $43,249 $141 $44

$43,250 - $44,249 $141 $57

$44,250 - $45,249 $141 $69

$45,250 - $46,249 $141 $82

$46,250 - $47,249 $141 $94

$47,250 - $48,249 $141 $107

$48,250 - $49,249 $141 $119

$49,250 - $50,249 $141 $132

$50,250 - $51,249 $141 $144

$51,250 - $52,249 $141 $157

$52,250 - $53,249 $141 $169

$53,250 - $54,249 $141 $182

$54,250 - $55,249 $141 $194

$55,250 - $56,249 $141 $207

$56,250 - $57,249 $141 $219

$57,250 - $58,249 $141 $232

$58,250 - $59,249 $141 $244

$59,250 - $60,249 $141 $257

$60,250 - $61,249 $141 $269

$61,250 - $62,249 $141 $282

$62,250 - $63,249 $141 $294

$63,250 - $64,249 $141 $307

$64,250 and over $141 $309"

Page 52, line 33, delete "5.9" and insert "6.0"

Page 54, line 20, delete "5.9" and insert "6.0"

Page 55, line 20, delete "5.9" and insert "6.0"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7952

The question was taken on the Jennings et al amendment and the roll was called. There were 64 yeas and 68 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Milbert and Luther offered an amendment to H. F. No. 4127, the first engrossment, as amended.

POINT OF ORDER

Abrams raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Milbert and Luther amendment was not in order. Speaker pro tempore Boudreau ruled the point of order well taken and the Milbert and Luther amendment out of order.

Milbert appealed the decision of Speaker pro tempore Boudreau.

A roll call was requested and properly seconded.

LAY ON THE TABLE

Molnau moved to lay the Milbert appeal of the decision of Speaker pro tempore Boudreau on the table.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7953

A roll call was requested and properly seconded.

The question was taken on the Molnau motion and the roll was called. There were 70 yeas and 62 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion prevailed and the appeal of the decision of Speaker pro tempore Boudreau was laid on the table.

Juhnke and Skoe moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 39, lines 7, 18, 26, delete "7.5" and insert "7.525"

Page 63, after line 29, insert:

"Sec. 35. Minnesota Statutes 1998, section 424A.10, is amended to read:

424A.10 [STATE SUPPLEMENTAL BENEFIT; VOLUNTEER FIREFIGHTERS; AMBULANCE SERVICE PERSONNEL.]

Subdivision 1. [DEFINITION.] For purposes of this section, "qualified recipient" means an individual who receives a lump sum distribution of pension or retirement benefits from a firefighters' relief association for service performed as a volunteer firefighter or a qualified ambulance service person under section 144E.46.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7954

Subd. 2. [PAYMENT OF SUPPLEMENTAL BENEFIT.] (a) Upon the payment by a firefighters' relief association of a lump sum distribution to a qualified recipient, the association must pay a supplemental benefit to the qualified recipient. Notwithstanding any law to the contrary, the relief association may pay the supplemental benefit out of its special fund. The amount of this benefit equals ten 20 percent of the regular lump sum distribution that is paid on the basis of service as a volunteer firefighter. In no case may the amount of the supplemental benefit exceed $1,000 $2,000.

(b) Upon the payment by the emergency medical services regulatory board of a longevity award to a qualified recipient, the board must pay a supplemental benefit to the qualified recipient. The amount of this benefit equals 20 percent of the amount of the lump sum longevity award that is paid to a recipient under section 144C.46, but not to exceed $2,000.

Subd. 3. [STATE REIMBURSEMENT.] (a) By February 15 of each year, the relief association shall apply to the commissioner of revenue for state reimbursement of the amount of supplemental benefits paid under subdivision 2 during the preceding calendar year. By March 15 the commissioner shall reimburse the relief association for the amount of the supplemental benefits paid to qualified recipients. The commissioner of revenue shall prescribe the form of and supporting information that must be supplied as part of the application for state reimbursement. The reimbursement payment must be deposited in the special fund of the relief association.

(b) To pay the supplemental benefit to qualified ambulance service personnel, the commissioner shall transfer the necessary amounts to the emergency medical services regulatory board upon the request of the board.

(c) A sum sufficient to make the payments is appropriated from the general fund to the commissioner of revenue.

Subd. 4. [IN LIEU OF INCOME TAX EXCLUSION.] The supplemental benefit provided by this section is in lieu of the state income tax exclusion for lump sum distributions of retirement benefits paid to volunteer firefighters. If the law is modified to exclude or exempt volunteer firefighters' lump sum distributions or longevity awards of ambulance service personnel from state income taxation, the supplemental benefits under this section may no longer be paid beginning with the first calendar year in which the exclusion or exemption is effective. This subdivision does not apply to exemption of all or part of a lump sum distribution under section 290.032 or 290.0802."

Pages 183 to 186, delete sections 5 and 6

Pages 193 to 194, delete section 13

Page 213, line 8, delete "8.25" and insert "7.5"

Page 213, line 33, delete "1.65" and insert "1.5"

Page 215, line 14, delete "1.65" and insert "1.5"

Page 215, line 16, delete "1.725" and insert "1.65"

Page 216, line 5, delete "1.65" and insert "1.5"

Page 216, line 9, delete "$3,300" and insert "$3,000"

Page 216, line 10, delete "3.3" and insert "3"

Page 216, line 13, delete "$9,900" and insert "$9,000"

Page 216, line 14, delete "4.95" and insert "4.5"

Renumber the sections in sequence and correct internal references

Amend the title accordingly


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7955

A roll call was requested and properly seconded.

The question was taken on the Juhnke and Skoe amendment and the roll was called. There were 65 yeas and 67 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Carlson moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 39, lines 7, 18, and 26, delete "7.5" and insert "7.63"

Page 51, delete lines 7 to 36

Page 52, delete lines 1 to 21 and insert:

"$14,250 - $15,249 $6 $0

$15,250 - $16,249 $21 $0

$16,250 - $17,249 $36 $0

$17,250 - $18,249 $51 $0

$18,250 - $19,249 $66 $0

$19,250 - $20,249 $81 $0

$20,250 - $21,249 $96 $0


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7956

$21,250 - $22,249 $111 $0

$22,250 - $23,249 $126 $0

$23,250 - $24,249 $141 $0

$24,250 - $25,249 $141 $0

$25,250 - $26,249 $141 $0

$26,250 - $27,249 $141 $0

$27,250 - $28,249 $141 $0

$28,250 - $29,249 $141 $0

$29,250 - $30,249 $141 $0

$30,250 - $31,249 $141 $0

$31,250 - $32,249 $141 $0

$32,250 - $33,249 $141 $0

$33,250 - $34,249 $141 $0

$34,250 - $35,249 $141 $0

$35,250 - $36,249 $141 $0

$36,250 - $37,249 $141 $0

$37,250 - $38,249 $141 $0

$38,250 - $39,249 $141 $3

$39,250 - $40,249 $141 $14

$40,250 - $41,249 $141 $25

$41,250 - $42,249 $141 $37

$42,250 - $43,249 $141 $48

$43,250 - $44,249 $141 $59

$44,250 - $45,249 $141 $70

$45,250 - $46,249 $141 $82

$46,250 - $47,249 $141 $93

$47,250 - $48,249 $141 $104

$48,250 - $49,249 $141 $116

$49,250 - $50,249 $141 $127

$50,250 - $51,249 $141 $138

$51,250 - $52,249 $141 $150

$52,250 - $53,249 $141 $161

$53,250 - $54,249 $141 $172

$54,250 - $55,249 $141 $183

$55,250 - $56,249 $141 $195

$56,250 - $57,249 $141 $206

$57,250 - $58,249 $141 $217

$58,250 - $59,249 $141 $229

$59,250 - $60,249 $141 $240

$60,250 - $61,249 $141 $251

$61,250 - $62,249 $141 $263

$62,250 - $63,249 $141 $274

$63,250 - $64,249 $141 $285

$64,250 and over $141 $293"

Page 52, after line 27, insert:

"Sec. 25. [290.0676] [MINNESOTA HIGHER EDUCATION CREDIT.]

Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given.

(a) "Qualifying higher education expenses" means tuition and fees of an eligible student for the student's first or second year of post-secondary education, net of (i) any refunds of tuition and fees received from the institution; and (ii) employer reimbursement of post-secondary tuition, grants, and scholarships, to the extent the total of these


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7957

items exceeds the cost of attendance, as defined in section 136A.121, subdivision 6, after subtracting actual tuition and fees and any federal HOPE scholarship and lifetime learning credits under section 25A of the Internal Revenue Code for which the student is eligible, net of tuition and fees paid for the third year of the student's post-secondary education, if applicable.

(b) "Eligible student" means the (i) taxpayer or spouse, if not claimed as a dependent by another taxpayer; or (ii) person claimed as a dependent of the taxpayer under section 152 of the Internal Revenue Code. An "eligible student" must also be a Minnesota resident enrolled at least half-time in an eligible institution.

(c) "Eligible institution" means any of the following post-secondary institutions located in Minnesota:

(1) a two-year public community college, technical college, or consolidated community/technical college;

(2) a state university;

(3) the University of Minnesota;

(4) a private two- or four-year liberal arts college or university; or

(5) a private nonprofit, degree-granting, two-year vocational technical school.

(d) "Income" means the federal adjusted gross income as defined in section 62 of the Internal Revenue Code.

Subd. 2. [CREDIT ALLOWED.] An individual is allowed a credit against the tax imposed by this chapter equal to 100 percent of qualifying higher education expenses for an eligible student. Only one credit per year is allowed for each eligible student and the maximum credit is $1,000. For married couples filing joint returns, the maximum credit is reduced by five percent for each $1,000 of income over a threshold. For all other taxpayers, the maximum credit is reduced by ten percent for each $1,000 of income over a threshold. For married couples filing joint returns, the threshold is $80,000. For all other taxpayers, the threshold is $40,000. In no case is the credit less than zero. The credit is allowed for two taxable years with respect to each eligible student.

The credit in this section is subtracted from liability before the refundable credits in sections 290.067, 290.0671, and 290.0674 are subtracted.

For a nonresident or part-year resident, the credit determined under this section must be allocated based on the percentage calculated under section 290.06, subdivision 2c, paragraph (e).

Subd. 3. [INFLATION ADJUSTMENT.] The maximum credit amount and the thresholds at which the credit begins to be reduced under subdivision 2 must be adjusted for inflation. The commissioner shall adjust the maximum credit and the threshold amounts by the percentage determined under section 290.06, subdivision 2d, for the taxable year.

EFFECTIVE DATE: This section, subdivisions 1 and 2, are effective for tax years beginning after December 31, 1999. This section, subdivision 3, is effective for tax years beginning after December 31, 2001."

Page 52, line 33, delete "5.9" and insert "6.0"

Page 54, line 20, delete "5.9" and insert "6.0"

Page 55, line 20, delete "5.9" and insert "6.0"

A roll call was requested and properly seconded.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7958

The Speaker resumed the Chair.

The question was taken on the Carlson amendment and the roll was called. There were 66 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Pugh, Luther, Koskinen and Huntley moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 39, line 7, reinstate the stricken "8" and delete "7.5"

Page 39, line 18, reinstate the stricken "8" and delete "7.5"

Page 39, line 26, reinstate the stricken "8" and delete "7.5"

Page 51, delete lines 7 to 36

Page 52, delete lines 1 to 21 and insert:

"$14,250 - $15,249 $6 $0

$15,250 - $16,249 $21 $0

$16,250 - $17,249 $36 $0


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7959

$17,250 - $18,249 $51 $0

$18,250 - $19,249 $66 $0

$19,250 - $20,249 $81 $0

$20,250 - $21,249 $96 $0

$21,250 - $22,249 $111 $0

$22,250 - $23,249 $126 $0

$23,250 - $24,249 $141 $0

$24,250 - $25,249 $141 $0

$25,250 - $26,249 $141 $0

$26,250 - $27,249 $141 $0

$27,250 - $28,249 $141 $0

$28,250 - $29,249 $141 $0

$29,250 - $30,249 $141 $0

$30,250 - $31,249 $141 $0

$31,250 - $32,249 $141 $0

$32,250 - $33,249 $141 $0

$33,250 - $34,249 $141 $0

$34,250 - $35,249 $141 $0

$35,250 - $36,249 $141 $0

$36,250 - $37,249 $141 $0

$37,250 - $38,249 $141 $0

$38,250 - $39,249 $141 $0

$39,250 - $40,249 $141 $0

$40,250 - $41,249 $141 $0

$41,250 - $42,249 $141 $2

$42,250 - $43,249 $141 $17

$43,250 - $44,249 $141 $32

$44,250 - $45,249 $141 $47

$45,250 - $46,249 $141 $62

$46,250 - $47,249 $141 $77

$47,250 - $48,249 $141 $92

$48,250 - $49,249 $141 $107

$49,250 - $50,249 $141 $122

$50,250 - $51,249 $141 $137

$51,250 - $52,249 $141 $152

$52,250 - $53,249 $141 $167

$53,250 - $54,249 $141 $182

$54,250 - $55,249 $141 $197

$55,250 - $56,249 $141 $212

$56,250 - $57,249 $141 $227

$57,250 - $58,249 $141 $242

$58,250 - $59,249 $141 $257

$59,250 - $60,249 $141 $272

$60,250 - $61,249 $141 $287

$61,250 - $62,249 $141 $302

$62,250 - $63,249 $141 $317

$63,250 - $64,249 $141 $332

$64,250 and over $141 $343"

Page 52, line 33, delete "5.9" and insert "6.0"

Page 54, line 20, delete "5.9" and insert "6.0"

Page 55, line 20, delete "5.9" and insert "6.0"


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7960

Pages 203 to 207, delete section 1 and insert:

"Section 1. [16A.725] [TOBACCO SETTLEMENT REVENUES.]

Beginning with the payment due December 31, 2003, the commissioner shall credit to the health care access fund all ongoing payments due December 31 of each year that are received by the state as a result of the settlement of the lawsuit styled as State v. Philip Morris Inc., No. C1-94-8565 (Minnesota District Court, Second Judicial District).

Sec. 2. Minnesota Statutes 1998, section 60A.15, subdivision 1, is amended to read:

Subdivision 1. [DOMESTIC AND FOREIGN COMPANIES.] (a) On or before April 1, June 1, and December 1 of each year, every domestic and foreign company, including town and farmers' mutual insurance companies, domestic mutual insurance companies, marine insurance companies, health maintenance organizations, community integrated service networks, and nonprofit health service plan corporations, shall pay to the commissioner of revenue installments equal to one-third of the insurer's total estimated tax for the current year. Except as provided in paragraphs (d), (e), (h), and (i), installments must be based on a sum equal to two percent of the premiums described in paragraph (b).

(b) Installments under paragraph (a), (d), or (e) are percentages of gross premiums less return premiums on all direct business received by the insurer in this state, or by its agents for it, in cash or otherwise, during such year.

(c) Failure of a company to make payments of at least one-third of either (1) the total tax paid during the previous calendar year or (2) 80 percent of the actual tax for the current calendar year shall subject the company to the penalty and interest provided in this section, unless the total tax for the current tax year is $500 or less.

(d) For health maintenance organizations, nonprofit health service plan corporations, and community integrated service networks, the installments must be based on an amount determined under paragraph (h) or, (i), or (k).

(e) For purposes of computing installments for town and farmers' mutual insurance companies and for mutual property casualty companies with total assets on December 31, 1989, of $1,600,000,000 or less, the following rates apply:

(1) for all life insurance, two percent;

(2) for town and farmers' mutual insurance companies and for mutual property and casualty companies with total assets of $5,000,000 or less, on all other coverages, one percent; and

(3) for mutual property and casualty companies with total assets on December 31, 1989, of $1,600,000,000 or less, on all other coverages, 1.26 percent.

(f) If the aggregate amount of premium tax payments under this section and the fire marshal tax payments under section 299F.21 made during a calendar year is equal to or exceeds $120,000, all tax payments in the subsequent calendar year must be paid by means of a funds transfer as defined in section 336.4A-104, paragraph (a). The funds transfer payment date, as defined in section 336.4A-401, must be on or before the date the payment is due. If the date the payment is due is not a funds transfer business day, as defined in section 336.4A-105, paragraph (a), clause (4), the payment date must be on or before the funds transfer business day next following the date the payment is due.

(g) Premiums under medical assistance, general assistance medical care, the MinnesotaCare program, and the Minnesota comprehensive health insurance plan and all payments, revenues, and reimbursements received from the federal government for Medicare-related coverage as defined in section 62A.31, subdivision 3, paragraph (e), are not subject to tax under this section.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7961

(h) For calendar years 1997, 1998, and 1999, the installments for health maintenance organizations, community integrated service networks, and nonprofit health service plan corporations must be based on an amount equal to one percent of premiums described under paragraph (b). Health maintenance organizations, community integrated service networks, and nonprofit health service plan corporations that have met the cost containment goals established under section 62J.04 in the individual and small employer market for calendar year 1996 are exempt from payment of the tax imposed under this section for premiums paid after March 30, 1997, and before April 1, 1998. Health maintenance organizations, community integrated service networks, and nonprofit health service plan corporations that have met the cost containment goals established under section 62J.04 in the individual and small employer market for calendar year 1997 are exempt from payment of the tax imposed under this section for premiums paid after March 30, 1998, and before April 1, 1999. Health maintenance organizations, community integrated service networks, and nonprofit health service plan corporations that have met the cost containment goals established under section 62J.04 in the individual and small employer market for calendar year 1998 are exempt from payment of the tax imposed under this section for premiums paid after March 30, 1999, and before January 1, 2000.

(i) For calendar years after 1999 year 2000, the commissioner of finance shall determine the balance of the health care access fund on September 1 of each year beginning September 1, 1999. If the commissioner determines that there is no structural deficit for the next fiscal year, no tax shall be imposed under paragraph (d) for the following calendar year. If the commissioner determines that there will be a structural deficit in the fund for the following fiscal year, then the commissioner, in consultation with the commissioner of revenue, shall determine the amount needed to eliminate the structural deficit and a tax shall be imposed under paragraph (d) for the following calendar year. The commissioner shall determine the rate of the tax as either one-quarter of one percent, one-half of one percent, three-quarters of one percent, or one percent of premiums described in paragraph (b), whichever is the lowest of those rates that the commissioner determines will produce sufficient revenue to eliminate the projected structural deficit. The commissioner of finance shall publish in the State Register by October 1 of each year the amount of tax to be imposed for the following calendar year. In determining the structural balance of the health care access fund for fiscal years 2000 and 2001, the commissioner shall disregard the transfer amount from the health care access fund to the general fund for expenditures associated with the services provided to pregnant women and children under the age of two enrolled in the MinnesotaCare program.

(j) In approving the premium rates as required in sections 62L.08, subdivision 8, and 62A.65, subdivision 3, the commissioners of health and commerce shall ensure that any exemption from the tax as described in paragraphs (h) and (i) is reflected in the premium rate.

(k) The commissioner of finance shall establish premium tax rates under paragraph (d) for calendar years beginning on or after January 1, 2001, based upon determinations made by the commissioner regarding the balance of the health care access fund. The commissioner of finance shall, on September 1 of each year, beginning September 1, 2000, determine the balance of the health care access fund for the fiscal year that begins the following July 1. If the commissioner determines on September 1 that there is no deficit for the following fiscal year, no tax shall be imposed under paragraph (d) for the calendar year that begins immediately following that September 1. If the commissioner determines on September 1 that there will be a deficit in the fund for the following fiscal year, then the commissioner, in consultation with the commissioner of revenue, shall determine the amount needed to eliminate the deficit and a tax shall be imposed under paragraph (d) for the calendar year that begins immediately following that September 1. The commissioner shall determine the rate of the tax as either one-quarter of one percent, one-half of one percent, three-quarters of one percent, or one percent of the premiums described in paragraph (b), whichever is the lowest of those rates that the commissioner determines will produce sufficient revenue to eliminate the projected deficit. The commissioner of finance shall publish in the State Register by October 1 of each year, beginning October 1, 2000, the amount of tax to be imposed for the following calendar year. In determining the balance of the health care access fund under this paragraph, the commissioner of finance shall not count revenues resulting from any increase in taxes under section 295.52.

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

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


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7962

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

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

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

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

Sec. 4. Minnesota Statutes 1998, section 290.62, is amended to read:

290.62 [DISTRIBUTION OF REVENUES.]

(a) All revenues derived from the taxes, interest, penalties and charges under this chapter shall, notwithstanding any other provisions of law, be paid into the state treasury and credited to the general fund, and be distributed as follows:

(1) There shall, notwithstanding any other provision of the law, be paid from this general fund all refunds of taxes erroneously collected from taxpayers under this chapter as provided herein;

(2) There is hereby appropriated to the persons entitled to payment herein, from the fund or account in the state treasury to which the money was credited, an amount sufficient to make the refund and payment.

(b) Notwithstanding paragraph (a), the commissioner shall deposit 2 percent of net revenues from taxes, interest, penalties and charges in the health care access fund.

EFFECTIVE DATE: This section is effective for revenues received after June 30, 2000."

Pages 207 and 208, delete section 3 and insert:

"Sec. 6. Minnesota Statutes 1999 Supplement, section 295.52, subdivision 7, is amended to read:

Subd. 7. [TAX REDUCTION.] Notwithstanding subdivisions 1, 1a, 2, 3, and 4, the tax imposed under this section equals for calendar years 1998, 1999, and 2000, and 2001, 1.5 percent of the gross revenues received on or after January 1, 1998, and before January 1, 2002 2001.

Sec. 7. Minnesota Statutes 1998, section 295.52, is amended by adding a subdivision to read:

Subd. 8. [CONTINGENT ELIMINATION OF TAX.] The commissioner shall establish tax rates for calendar years beginning on or after January 1, 2001, based upon determinations made by the commissioner of finance regarding the balance of the health care access fund. The commissioner of finance shall, on September 1 of each year, beginning September 1, 2000, determine the balance of the health care access fund for the fiscal year that begins the following July 1. If the commissioner of finance determines on September 1 that there is no deficit for the following fiscal year, no taxes shall be imposed under subdivisions 1, 1a, 2, 3, and 4, for the calendar year that begins immediately following that September 1. If the commissioner of finance determines on September 1 that there will be a deficit in the fund for the following fiscal year, then the commissioner, in consultation with the


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7963

commissioner of finance, shall determine the amount needed to eliminate the deficit and shall impose taxes under subdivisions 1, 1a, 2, 3, and 4 for the calendar year that begins immediately following that September 1. The commissioner shall determine the rate of the tax to the nearest one-quarter of one percent up to two percent, using the lowest of the rates that the commissioner determines will produce sufficient revenue to eliminate the projected deficit. The commissioner shall publish in the State Register by October 1 of each year, beginning October 1, 2000, the amount of the tax to be imposed for the following calendar year. In determining the balance of the health care access fund under this subdivision, the commissioner of finance shall count revenues resulting from any increase in the one percent premium tax under section 60A.15, subdivision 1, paragraphs (d), (h), (i), and (k)."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Pugh et al amendment and the roll was called. There were 66 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7964

Kelliher moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 39, line 4, delete "5" and insert "5.2"

Page 39, line 6, delete "6.5" and insert "6.7"

Page 39, line 7, delete "7.5" and insert "7.7"

Page 39, line 15, delete "5" and insert "5.2"

Page 39, line 17, delete "6.5" and insert "6.7"

Page 39, line 18, delete "7.5" and insert "7.7"

Page 39, line 23, delete "5" and insert "5.2"

Page 39, line 25, delete "6.5" and insert "6.7"

Page 39, line 26, delete "7.5" and insert "7.7"

Page 52, line 33, delete "5.9" and insert "6.2"

Page 54, line 20, delete "5.9" and insert "6.2"

Page 55, line 20, delete "5.9" and insert "6.2"

Pages 105 and 106, delete sections 19 to 21 and insert:

"Sec. 19. Minnesota Statutes 1999 Supplement, section 273.1382, is amended to read:

273.1382 [GENERAL EDUCATION HOMESTEAD CREDIT; EDUCATION, AGRICULTURAL CREDIT, AND SEASONAL RECREATIONAL EXEMPTION.]

Subdivision 1. [GENERAL EDUCATION CREDIT TAX RATE.] Each year, the respective county auditors shall determine the initial tax rate for each school district for the general education levy certified under section 126C.13, subdivision 2 or 3. That rate plus the school district's general education homestead credit tax rate adjustment under section 275.08, subdivision 1e, shall be the general education credit tax rate for the district.

Subd. 1a. [GENERAL EDUCATION HOMESTEAD CREDIT, AGRICULTURAL, AND SEASONAL RECREATIONAL EXEMPTION.] Each county auditor shall determine a general education homestead credit exemption amount for each homestead qualifying property within the county equal to 66.2 percent for taxes payable in 1999 and 83 percent for taxes payable in 2000 and thereafter of the general education credit tax rate times the net tax capacity of the homestead property for the taxes payable year. The amount of general education homestead credit for a homestead may not exceed $320 for taxes payable in 1999 and $390 for taxes payable in 2000 and thereafter. In the case of an agricultural homestead, only the net tax capacity of the house, garage, and surrounding one acre of land shall be used in determining the property's education homestead credit. For the purposes of this section, qualifying property means property classified under section 273.13 as class 1, class 2, or class 4c noncommercial seasonal residential recreational.

Subd. 1b. [EDUCATION AGRICULTURAL CREDIT.] Property classified as class 2a agricultural homestead or class 2b agricultural nonhomestead or timberland is eligible for education agricultural credit. The credit is equal to 54 percent, in the case of agricultural homestead property, or 50 percent, in the case of agricultural nonhomestead property or timberland, of the property's net tax capacity times the education credit tax rate determined in subdivision 1. The net tax capacity of class 2a property attributable to the house, garage, and surrounding one acre of land is not eligible for the credit under this subdivision.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7965

Subd. 2. [CREDIT REIMBURSEMENTS.] (a) The commissioner of revenue shall determine the tax reductions allowed under this section for each taxes payable year, and for each school district based upon a review of the abstracts of tax lists submitted by the county auditors under section 275.29, and from any other information which the commissioner deems relevant. The commissioner of revenue shall generally compute the tax reductions at the unique taxing jurisdiction level, however the commissioner may compute the tax reductions at a higher geographic level if that would have a negligible impact, or if changes in the composition of unique taxing jurisdictions do not permit computation at the unique taxing jurisdiction level. The commissioner's determinations under this paragraph are not rules.

(b) The commissioner of revenue shall certify the total of the tax reductions granted under this section for each taxes payable year within each school district to the commissioner of children, families, and learning after July 1 and on or before August 1 of the taxes payable year. The commissioner of children, families, and learning shall reimburse each affected school district for the amount of the property tax reductions allowed under this section as provided in section 273.1392. The commissioner of children, families, and learning shall treat the reimbursement payments as entitlements for the same state fiscal year as certified, including with each district's initial payment all amounts that would have been paid up to that date, computed as if 90 percent of the annual reimbursement amount for the district were being paid one-twelfth in each month of the fiscal year.

Subd. 3. [APPROPRIATION.] An amount sufficient to make the payments required by this section is annually appropriated from the general fund to the commissioner of children, families, and learning.

Sec. 20. [273.1387] [HOMESTEAD CREDIT.]

Subdivision 1. [DETERMINATION OF CREDIT AMOUNT.] Each county auditor shall determine a homestead credit amount for each property classified as class 1 residential homestead or class 2a agricultural homestead within the county equal to six percent of the net tax capacity of the first tier of market value of the homestead. In the case of an agricultural homestead, only the net tax capacity of the house, garage, and surrounding one acre of land shall be used in determining the property's homestead credit amount. The credit may not exceed the net tax on the property after subtraction of all other credits under section 273.1393.

Subd. 2. [CREDIT APPLICATION.] The homestead credit shall be used to proportionately reduce the property tax payable to all taxing jurisdictions on the homestead, after subtraction of all other credits under section 273.1393.

Subd. 3. [CREDIT REIMBURSEMENT.] The county auditor shall certify the amount of tax reductions granted under this section to the commissioner of revenue on the abstracts of tax lists submitted under section 275.29. The commissioner of revenue shall verify the credit amounts reported, and shall make payments directly to the affected taxing jurisdictions other than school districts in two equal installments on September 15 and December 26 each year. The commissioner of revenue shall certify the total of the tax reductions granted under this section for each school district to the commissioner of children, families, and learning before September 1 of each taxes payable year. The commissioner of children, families, and learning shall reimburse each affected school district for the amount of the property tax reductions allowed under this section as provided in section 273.1392.

Subd. 4. [APPROPRIATION.] An amount sufficient to pay the credit reimbursements provided under this section for school districts, intermediate school districts, or any group of school districts levying as a single taxing entity, is annually appropriated from the general fund to the commissioner of children, families, and learning. An amount sufficient to pay the credit reimbursements provided under this section for counties, cities, towns, and special taxing districts is annually appropriated from the general fund to the commissioner of revenue. A jurisdiction's aid amount may be increased or decreased based on any prior year adjustments for homestead credit or other property tax credit or aid programs.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7966

Sec. 21. Minnesota Statutes 1998, section 273.1393, is amended to read:

273.1393 [COMPUTATION OF NET PROPERTY TAXES.]

Notwithstanding any other provisions to the contrary, "net" property taxes are determined by subtracting the credits in the order listed from the gross tax:

(1) disaster credit as provided in section 273.123;

(2) powerline credit as provided in section 273.42;

(3) agricultural preserves credit as provided in section 473H.10;

(4) enterprise zone credit as provided in section 469.171;

(5) disparity reduction credit;

(6) conservation tax credit as provided in section 273.119;

(7) general education homestead credit, agricultural, and seasonal recreational exemption as provided in section 273.1382;

(8) taconite homestead credit as provided in section 273.135; and

(9) supplemental homestead credit as provided in section 273.1391; and

(10) homestead credit under section 273.1387.

The combination of all property tax credits must not exceed the gross tax amount."

Page 109, line 35, after "the" insert "general"

Page 109, line 36, strike "credit" and insert ", agricultural, and seasonal recreational exemption amounts"

Page 110, line 2, before the colon, insert ", in all cases net of the homestead credit amount determined under section 273.1387"

Page 113, after line 26, insert:

"Sec. 27. Minnesota Statutes 1998, section 275.08, subdivision 1e, is amended to read:

Subd. 1e. [GENERAL EDUCATION HOMESTEAD CREDIT TAX RATE ADJUSTMENT.] The amounts certified under section 126C.48, subdivision 1, paragraph (b), shall be divided by the total net tax capacity of all taxable properties within a school district's taxing jurisdiction. The resulting ratio is a school district's general education homestead credit tax rate adjustment.

Sec. 28. Minnesota Statutes 1998, section 276.04, subdivision 2, is amended to read:

Subd. 2. [CONTENTS OF TAX STATEMENTS.] (a) The treasurer shall provide for the printing of the tax statements. The commissioner of revenue shall prescribe the form of the property tax statement and its contents. The statement must contain a tabulated statement of the dollar amount due to each taxing authority and the amount of the state determined school tax from the parcel of real property for which a particular tax statement is prepared. The dollar amounts attributable to the county, the state determined school tax, the voter approved school tax, the other local school tax, the township or municipality, and the total of the metropolitan special taxing districts as


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7967

defined in section 275.065, subdivision 3, paragraph (i), must be separately stated. The amounts due all other special taxing districts, if any, may be aggregated. The amount of the tax on homesteads qualifying under the senior citizens' property tax deferral program under chapter 290B is the total amount of property tax before subtraction of the deferred property tax amount. The amount of the tax on contamination value imposed under sections 270.91 to 270.98, if any, must also be separately stated. The dollar amounts, including the dollar amount of any special assessments, may be rounded to the nearest even whole dollar. For purposes of this section whole odd-numbered dollars may be adjusted to the next higher even-numbered dollar. The amount of market value excluded under section 273.11, subdivision 16, if any, must also be listed on the tax statement. The statement shall include the following sentences, printed in upper case letters in boldface print: "EVEN THOUGH THE STATE OF MINNESOTA DOES NOT RECEIVE ANY PROPERTY TAX REVENUES, IT SETS THE AMOUNT OF THE STATE-DETERMINED SCHOOL TAX LEVY. THE STATE OF MINNESOTA REDUCES YOUR PROPERTY TAX BY PAYING CREDITS AND REIMBURSEMENTS TO LOCAL UNITS OF GOVERNMENT."

(b) The property tax statements for manufactured homes and sectional structures taxed as personal property shall contain the same information that is required on the tax statements for real property.

(c) Real and personal property tax statements must contain the following information in the order given in this paragraph. The information must contain the current year tax information in the right column with the corresponding information for the previous year in a column on the left:

(1) the property's estimated market value under section 273.11, subdivision 1;

(2) the property's taxable market value after reductions under section 273.11, subdivisions 1a and 16;

(3) the property's gross tax, calculated by adding the property's total property tax to the sum of the aids enumerated in clause (4);

(4) a total of the following aids:

(i) education aids payable under chapters 122A, 123A, 123B, 124D, 125A, 126C, and 127A;

(ii) local government aids for cities, towns, and counties under chapter 477A;

(iii) disparity reduction aid under section 273.1398; and

(iv) homestead and agricultural credit aid under section 273.1398;

(5) for homestead residential and agricultural properties, the general education homestead credit, agricultural, and seasonal recreational exemption amount under section 273.1382;

(6) any credits received under sections 273.119; 273.123; 273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 473H.10, except that the amount of credit received under section 273.135 must be separately stated and identified as "taconite tax relief"; and

(7) the property's homestead credit amount under section 273.1387; and

(8) the net tax payable in the manner required in paragraph (a).

(d) If the county uses envelopes for mailing property tax statements and if the county agrees, a taxing district may include a notice with the property tax statement notifying taxpayers when the taxing district will begin its budget deliberations for the current year, and encouraging taxpayers to attend the hearings. If the county allows notices to be included in the envelope containing the property tax statement, and if more than one taxing district relative to a given property decides to include a notice with the tax statement, the county treasurer or auditor must coordinate the process and may combine the information on a single announcement.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7968

The commissioner of revenue shall certify to the county auditor the actual or estimated aids enumerated in clause (4) that local governments will receive in the following year. The commissioner must certify this amount by January 1 of each year."

Page 143, line 20, delete "$763,315,000" and insert "$487,815,000"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The Speaker called Boudreau to the Chair.

The question was taken on the Kelliher amendment and the roll was called. There were 66 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7969

Marko moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 39, line 7, reinstate the stricken "8" and delete "7.5"

Page 39, line 18, reinstate the stricken "8" and delete "7.5"

Page 39, line 26, reinstate the stricken "8" and delete "7.5"

Page 51, delete lines 7 to 36

Page 52, delete lines 1 to 21 and insert:

"$14,250 - $15,249 $6 $0

$15,250 - $16,249 $21 $0

$16,250 - $17,249 $36 $0

$17,250 - $18,249 $51 $0

$18,250 - $19,249 $66 $0

$19,250 - $20,249 $81 $0

$20,250 - $21,249 $96 $0

$21,250 - $22,249 $111 $0

$22,250 - $23,249 $126 $0

$23,250 - $24,249 $141 $0

$24,250 - $25,249 $141 $0

$25,250 - $26,249 $141 $0

$26,250 - $27,249 $141 $0

$27,250 - $28,249 $141 $0

$28,250 - $29,249 $141 $0

$29,250 - $30,249 $141 $0

$30,250 - $31,249 $141 $0

$31,250 - $32,249 $141 $0

$32,250 - $33,249 $141 $0

$33,250 - $34,249 $141 $0

$34,250 - $35,249 $141 $0

$35,250 - $36,249 $141 $0

$36,250 - $37,249 $141 $0

$37,250 - $38,249 $141 $0

$38,250 - $39,249 $141 $0

$39,250 - $40,249 $141 $0

$40,250 - $41,249 $141 $0

$41,250 - $42,249 $141 $2

$42,250 - $43,249 $141 $17

$43,250 - $44,249 $141 $32

$44,250 - $45,249 $141 $47

$45,250 - $46,249 $141 $62

$46,250 - $47,249 $141 $77

$47,250 - $48,249 $141 $92

$48,250 - $49,249 $141 $107

$49,250 - $50,249 $141 $122

$50,250 - $51,249 $141 $137

$51,250 - $52,249 $141 $152

$52,250 - $53,249 $141 $167

$53,250 - $54,249 $141 $182

$54,250 - $55,249 $141 $197

$55,250 - $56,249 $141 $212


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7970

$56,250 - $57,249 $141 $227

$57,250 - $58,249 $141 $242

$58,250 - $59,249 $141 $257

$59,250 - $60,249 $141 $272

$60,250 - $61,249 $141 $287

$61,250 - $62,249 $141 $302

$62,250 - $63,249 $141 $317

$63,250 - $64,249 $141 $332

$64,250 and over $141 $343"

Page 52, line 33, delete "5.9" and insert "6.0"

Page 54, line 20, delete "5.9" and insert "6.0"

Page 55, line 20, delete "5.9" and insert "6.0"

Page 201, after line 14, insert:

"Sec. 26. Minnesota Statutes 1998, section 297B.09, subdivision 1, is amended to read:

Subdivision 1. [GENERAL FUND SHARE.] (a) Money collected and received under this chapter must be deposited in the state treasury and credited to the general fund. The amounts collected and received shall be credited as provided in this subdivision, and transferred from the general fund on July 15 and February 15 of each fiscal year. The commissioner of finance must make each transfer based upon the actual receipts of the preceding six calendar months and include the interest earned during that six-month period. The commissioner of finance may establish a quarterly or other schedule providing for more frequent payments to the transit assistance fund if the commissioner determines it is necessary or desirable to provide for the cash flow needs of the recipients of money from the transit assistance fund.

(b) Twenty-five percent of the money collected and received under this chapter after June 30, 1990, and before July 1, 1991, must be transferred to the highway user tax distribution fund and the transit assistance fund for apportionment as follows: 75 percent must be transferred to the highway user tax distribution fund for apportionment in the same manner and for the same purposes as other money in that fund, and the remaining 25 percent of the money must be transferred to the transit assistance fund to be appropriated to the commissioner of transportation for transit assistance within the state and to the metropolitan council.

(c) The distributions under this subdivision to the highway user tax distribution fund until June 30, 1991, and to the trunk highway fund thereafter, must be reduced by the amount necessary to fund the appropriation under section 41A.09, subdivision 1. For the fiscal years ending June 30, 1988, and June 30, 1989, the commissioner of finance, before making the transfers required on July 15 and January 15 of each year, shall estimate the amount required to fund the appropriation under section 41A.09, subdivision 1, for the six-month period for which the transfer is being made. The commissioner shall then reduce the amount transferred to the highway user tax distribution fund by the amount of that estimate. The commissioner shall reduce the estimate for any six-month period by the amount by which the estimate for the previous six-month period exceeded the amount needed to fund the appropriation under section 41A.09, subdivision 1, for that previous six-month period. If at any time during a six-month period in those fiscal years the amount of reduction in the transfer to the highway user tax distribution fund is insufficient to fund the appropriation under section 41A.09, subdivision 1, for that period, the commissioner shall transfer to the general fund from the highway user tax distribution fund an additional amount sufficient to fund the appropriation for that period, but the additional amount so transferred to the general fund in a six-month period may not exceed the amount transferred to the highway user tax distribution fund for that six-month period as follows:

(1) 73 percent to the general fund; and

(2) 27 percent to the highway user tax distribution fund.

EFFECTIVE DATE: This section is effective July 1, 2000."


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7971

Page 212, after line 5, insert:

"Sec. 2. Minnesota Statutes 1998, section 168.013, subdivision 1a, is amended to read:

Subd. 1a. [PASSENGER AUTOMOBILE; HEARSE.] (a) On passenger automobiles as defined in section 168.011, subdivision 7, and hearses, except as otherwise provided, the tax shall be $10 plus an additional tax equal to 1.25 percent of the base value.

(b) Subject to the classification provisions herein, "base value" means the manufacturer's suggested retail price of the vehicle including destination charge using list price information published by the manufacturer or determined by the registrar if no suggested retail price exists, and shall not include the cost of each accessory or item of optional equipment separately added to the vehicle and the suggested retail price.

(c) If the manufacturer's list price information contains a single vehicle identification number followed by various descriptions and suggested retail prices, the registrar shall select from those listings only the lowest price for determining base value.

(d) If unable to determine the base value because the vehicle is specially constructed, or for any other reason, the registrar may establish such value upon the cost price to the purchaser or owner as evidenced by a certificate of cost but not including Minnesota sales or use tax or any local sales or other local tax.

(e) The registrar shall classify every vehicle in its proper base value class as follows:

FROM TO

$ 0 $199.99

200 399.99

and thereafter a series of classes successively set in brackets having a spread of $200 consisting of such number of classes as will permit classification of all vehicles.

(f) The base value for purposes of this section shall be the middle point between the extremes of its class.

(g) The registrar shall establish the base value, when new, of every passenger automobile and hearse registered prior to the effective date of Extra Session Laws 1971, chapter 31, using list price information published by the manufacturer or any nationally recognized firm or association compiling such data for the automotive industry. If unable to ascertain the base value of any registered vehicle in the foregoing manner, the registrar may use any other available source or method. The tax on all previously registered vehicles shall be computed upon the base value thus determined taking into account the depreciation provisions of paragraph (h).

(h) Except as provided in paragraph (i), the annual additional tax computed upon the base value as provided herein, during the first and second years of vehicle life shall be computed upon 100 percent of the base value; for the third and fourth years, 90 percent of such value; for the fifth and sixth years, 75 percent of such value; for the seventh year, 60 percent of such value; for the eighth year, 40 percent of such value; for the ninth year, 30 percent of such value; for the tenth year, ten percent of such value; for the 11th and each succeeding year, the sum of $25.

In no event shall the annual additional tax be less than $25 or greater than $155.

(i) The annual additional tax under paragraph (h) on a motor vehicle on which the first annual tax was paid before January 1, 1990, must not exceed the tax that was paid on that vehicle the year before.

EFFECTIVE DATE: This section is effective for registration due on or after July 1, 2000."

Renumber the sections in sequence and correct internal references

Amend the title accordingly


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7972

A roll call was requested and properly seconded.

The question was taken on the Marko amendment and the roll was called. There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

MOTION FOR RECONSIDERATION

Wenzel moved that the vote whereby the Van Dellen and Milbert amendment to H. F. No. 4127, the first engrossment, as amended, was not adopted earlier today be now reconsidered.

A roll call was requested and properly seconded.

The question was taken on the Wenzel motion and the roll was called.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7973

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

There were 30 yeas and 102 nays as follows:

Those who voted in the affirmative were:

Bakk Dempsey Hausman Koskinen Olson Solberg
Broecker Finseth Hilty Larsen, P. Otremba Tomassoni
Carlson Goodno Holsten Larson, D. Reuter Van Dellen
Carruthers Hackbarth Howes Mares Rukavina Wenzel
Chaudhary Hasskamp Jaros Milbert Skoe Workman

Those who voted in the negative were:

Abeler Dorn Jennings Mariani Pawlenty Storm
Abrams Entenza Johnson Marko Paymar Swapinski
Anderson, B. Erhardt Juhnke McCollum Pelowski Swenson
Anderson, I. Erickson Kahn McElroy Peterson Sykora
Biernat Folliard Kalis McGuire Pugh Tingelstad
Bishop Fuller Kelliher Molnau Rest Trimble
Boudreau Gerlach Kielkucki Mulder Rhodes Tuma
Bradley Gleason Knoblach Mullery Rifenberg Tunheim
Buesgens Gray Krinkie Murphy Rostberg Vandeveer
Cassell Greenfield Kubly Ness Schumacher Wagenius
Clark, J. Greiling Kuisle Nornes Seagren Westerberg
Clark, K. Gunther Lenczewski Opatz Seifert, J. Westfall
Daggett Haake Leppik Orfield Seifert, M. Westrom
Davids Haas Lieder Osskopp Skoglund Wilkin
Dawkins Harder Lindner Osthoff Smith Winter
Dehler Holberg Luther Ozment Stanek Wolf
Dorman Huntley Mahoney Paulsen Stang Spk. Sviggum

The motion did not prevail.

Pawlenty, Holberg, Fuller, Gerlach, Haas, Van Dellen, Sykora, Paulsen, Molnau, Seagren, Haake, Krinkie, Wilkin, Buesgens and Hackbarth moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 143, after line 18, insert:

"Sec. 60. [VOTER APPROVAL FOR LRT SPENDING REQUIRED.]

(a) Notwithstanding Minnesota Statutes, section 398A.04, subdivisions 2 and 8, or any other law to the contrary, neither Hennepin county nor the Hennepin county regional railroad authority may levy for or spend any public funds for light rail transit (LRT) design or construction in the Hiawatha corridor unless the voters have approved the levy and expenditures at the November 2000 general election.

(b) If the voters do not approve the spending for LRT design or construction in the Hiawatha corridor as provided in paragraph (a), all unspent state appropriations for that purpose in the Hiawatha corridor cancel to the state general fund and the legislature must not appropriate any more money for LRT design or construction in the Hiawatha corridor.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7974

(c) To the extent approved by the voters under this section, the levy prohibition under section 45 does not apply.

(d) This section is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

POINT OF ORDER

Skoglund raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Pawlenty et al amendment was not in order. Speaker pro tempore Boudreau ruled the point of order not well taken and the Pawlenty et al amendment in order.

POINT OF ORDER

Skoglund raised a point of order pursuant to rule 3.21 that the Pawlenty et al amendment was not in order. Speaker pro tempore Boudreau ruled the point of order not well taken and the Pawlenty et al amendment in order.

The Speaker resumed the Chair.

Orfield moved to amend the Pawlenty et al amendment to H. F. No. 4127, the first engrossment, as amended, as follows:

Page 1, line 9, after "corridor" insert "or any county roads"

A roll call was requested and properly seconded.

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

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

There were 58 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Folliard Jennings Lieder Orfield Skoglund
Bakk Gleason Johnson Luther Otremba Solberg

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7975
Biernat Gray Juhnke Mahoney Paymar Swapinski
Carlson Greenfield Kahn Mariani Pelowski Tomassoni
Carruthers Greiling Kalis McCollum Peterson Trimble
Chaudhary Hasskamp Kelliher McGuire Pugh Tunheim
Clark, K. Hausman Koskinen Milbert Rest Wagenius
Dawkins Hilty Kubly Mullery Rukavina Winter
Dorn Huntley Larson, D. Murphy Schumacher
Entenza Jaros Lenczewski Opatz Skoe

Those who voted in the negative were:

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

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

The question recurred on the Pawlenty et al amendment and the roll was called.

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

There were 87 yeas and 44 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I. Entenza Huntley Mahoney Pelowski Tunheim
Bakk Folliard Jaros Mariani Rukavina Wagenius
Biernat Gleason Johnson McCollum Skoe Wenzel
Carruthers Gray Kahn McGuire Skoglund Winter
Chaudhary Greenfield Kalis Mullery Solberg
Clark, K. Greiling Kelliher Murphy Swapinski

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7976
Dawkins Hausman Koskinen Orfield Tomassoni
Dorn Hilty Lieder Paymar Trimble

The motion prevailed and the amendment was adopted.

Krinkie, Holberg, Molnau, Reuter, Workman, Buesgens and Gerlach moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 122, after line 4, insert:

"Sec. 38. [428A.30] [LIGHT RAIL SPECIAL SERVICE DISTRICTS.]

Subdivision 1. [CREATION; HENNEPIN COUNTY.] The governing body of Hennepin county shall establish a light rail special service district to pay for the cost of operating light rail transit facilities and equipment located in the county to the extent federal grants, state grants and other payments, and fare revenues are insufficient to cover those costs.

Subd. 2. [AREA OF DISTRICT.] The geographic area of the light rail special services district created under subdivision 1 consists of all parcels of property located within one mile of the light rail transit facility.

Subd. 3. [APPLICATION.] The provisions of sections 428A.30 to 428A.36 apply to special service districts established under this section.

Sec. 39. [428A.31] [DEFINITIONS.]

Subdivision 1. [APPLICATION.] The terms defined in this section apply to sections 428A.30 through 428A.36, unless the context clearly requires otherwise.

Subd. 2. [FACILITY.] "Facility" means the light rail transit facility, equipment, and related improvements located within the district.

Subd. 3. [MEASURABLE BENEFIT.] "Measurable benefit" means the fair market value of property, using generally accepted methods of appraisal, is estimated to increase as a result of construction and operation of the facility to be financed.

Subd. 4. [NET TAX CAPACITY.] "Net tax capacity" means net tax capacity as defined in sections 428A.01 and 428A.03, subdivision 1.

Sec. 40. [428A.32] [PROCEDURES.]

The county must establish the light rail transit special service district by ordinance, after providing notice and holding hearings as provided under section 428A.02, subdivisions 1 and 2. For a light rail transit special service district established under section 428A.30 an owner of property proposed to be included in a special service district may file an objection to inclusion in the district and appeal, following the procedures provided by section 428A.02, subdivision 4 and 5, on the grounds that the property derives no measurable benefit from the construction and operation of the light rail transit facility to be financed.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7977

Sec. 41. [428A.33] [AUTHORITY TO IMPOSE CHARGES.]

Subdivision 1. [SERVICE CHARGES.] (a) The county shall impose annual service charges equal to the amount that the metropolitan council requests for the year, but not to exceed the estimated amount that the operating costs of the facility will exceed operating revenues for the calendar year, plus the amount of any carryover of an operating deficit from a previous year for the facility.

(b) The service charge must be imposed as a uniform percentage of net tax capacity of the district.

Subd. 2. [PROCEDURE.] To impose a service charge under this section, the county must hold a hearing and follow the procedures provided in section 428A.03, except the six-month period in section 428A.03, subdivision 1, is reduced to 30 days.

Subd. 3. [APPLICATION OF OTHER LAW.] The provisions of section 428A.03, subdivisions 2 to 4, apply to a light rail transit special service district.

Subd. 4. [COLLECTION OF SERVICE CHARGES.] Service charges imposed under this section must be collected as provided in section 428A.05."

Page 131, after line 6, insert:

"This section does not apply to a service charge imposed by a light rail special service district under section 428A.30."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie et al amendment and the roll was called. There were 49 yeas and 83 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erickson Holberg Mulder Storm Wilkin
Broecker Finseth Holsten Olson Swenson Wolf
Buesgens Fuller Juhnke Osskopp Tingelstad Workman
Cassell Gerlach Kielkucki Paulsen Tuma Spk. Sviggum
Clark, J. Goodno Knoblach Pawlenty Van Dellen
Davids Haake Krinkie Reuter Vandeveer
Dehler Hackbarth Larsen, P. Rostberg Westerberg
Dorman Harder Lindner Seifert, J. Westfall
Dorn Hasskamp Molnau Stang Westrom

Those who voted in the negative were:

Abeler Dempsey Jaros Mahoney Osthoff Skoe
Abrams Entenza Jennings Mares Otremba Skoglund

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7978
Anderson, I. Erhardt Johnson Mariani Ozment Smith
Bakk Folliard Kahn Marko Paymar Solberg
Biernat Gleason Kalis McCollum Pelowski Stanek
Bishop Gray Kelliher McElroy Peterson Swapinski
Boudreau Greenfield Koskinen McGuire Pugh Sykora
Bradley Greiling Kubly Milbert Rest Tomassoni
Carlson Gunther Kuisle Mullery Rhodes Trimble
Carruthers Haas Larson, D. Murphy Rifenberg Tunheim
Chaudhary Hausman Lenczewski Ness Rukavina Wagenius
Clark, K. Hilty Leppik Nornes Schumacher Wenzel
Daggett Howes Lieder Opatz Seagren Winter
Dawkins Huntley Luther Orfield Seifert, M.

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

Erhardt moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 69, line 33, after "2001" insert ", except as otherwise provided in this subdivision"

Page 70, line 1, after "2000," insert "or any referendum for which the commissioner of children, families, and learning did not receive notification before July 1, 2000,"

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

Pugh moved to amend H. F. No. 4127, the first engrossment, as amended, as follows:

Page 40, line 18, before the period, insert "except that the rate in clauses (a)(3), (b)(3), and (c)(3) is increased to 8.0 percent if the federal Temporary Assistance for Needy Families (TANF) block grant to Minnesota for federal fiscal year 2003 is less than 95 percent of the annual block grant amount to Minnesota for federal fiscal years 1998 to 2002"

A roll call was requested and properly seconded.

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

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

There were 62 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Fuller Johnson Mahoney Otremba Tomassoni
Bakk Gleason Juhnke Mariani Paymar Trimble
Biernat Gray Kahn Marko Pelowski Tunheim
Carlson Greenfield Kalis McCollum Peterson Wagenius

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7979
Carruthers Greiling Kelliher McGuire Pugh Wenzel
Chaudhary Hasskamp Koskinen Milbert Rest Westerberg
Clark, K. Hausman Kubly Mullery Rukavina Winter
Dawkins Hilty Larson, D. Murphy Schumacher
Dorn Huntley Lenczewski Opatz Skoe
Entenza Jaros Lieder Orfield Skoglund
Folliard Jennings Luther Osthoff Swapinski

Those who voted in the negative were:

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

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

H. F. No. 4127, as amended, was read for the third time.

POINT OF ORDER

Haas raised a point of order pursuant to section 124 of "Mason's Manual of Legislative Procedure," relating to Personalities Not Permitted in Debate. The Speaker ruled the point of order not well taken.

POINT OF ORDER

Kahn raised a point of order pursuant to rule 2.31 relating to Offensive Words in Debate. The Speaker ruled the point of order not well taken.

H. F. No. 4127, A bill for an act relating to financing state and local government; providing a sales tax rebate; extending the time to qualify for and making certain other changes to the 1999 sales tax rebate; providing agricultural assistance; reducing individual income tax rates; making changes to income, franchise, withholding, sales and use, property, motor vehicle sales and registration, mortgage registry, health care provider, motor fuels, cigarette and tobacco, liquor, insurance premiums, lawful gambling, taconite production, solid waste, estate, and special taxes; changing and allowing tax credits, subtractions, and exemptions; conforming with changes in federal income tax provisions; providing for allocation and apportionment of income; changing property tax valuation, assessment, levy, classification, homestead, credit, aid, exemption, deferral, review, appeal, abatement, and distribution provisions; extending levy limits and changing levy authority; authorizing certain light rail transit spending if approved by the voters; reducing rates of health care provider taxes; reducing rates on lawful gambling and solid waste management taxes; changing tax increment financing provisions; providing special authority for certain political subdivisions; changing and clarifying tax administration, collection, enforcement, interest, and penalty provisions; changing revenue recapture provisions; freezing the taconite production tax; regulating state and local business subsidies; modifying certain aids to local units of government; recodifying sales and use taxes; recodifying insurance tax laws; establishing a legislative budget office; validating corporations established by


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7980

political subdivisions and regulating their financing; changing county reporting requirements; providing certain duties and powers to the commissioner of revenue, the state auditor, and to the attorney general; defining terms; classifying data; requiring studies; providing for the transfer of excess surplus in the workers' compensation assigned risk plan; appropriating money; amending Minnesota Statutes 1998, sections 3.98, subdivision 3; 8.30; 16A.46; 37.13; 43A.316, subdivision 9; 43A.317, subdivision 8; 60A.15, subdivision 1; 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, subdivision 4; 79.34, subdivision 1a; 115A.557, subdivision 3; 115A.69, subdivision 6; 116A.25; 126C.01, by adding a subdivision; 126C.17, subdivision 10; 176A.08; 238.08, subdivision 3; 270.063, by adding a subdivision; 270.072, subdivision 2, and by adding a subdivision; 270A.03, subdivision 7; 270A.07, subdivision 1; 273.111, subdivision 3; 273.124, by adding a subdivision; 273.125, subdivision 8; 273.37, subdivision 3; 275.065, subdivisions 3, 6, 8, and by adding a subdivision; 275.07, subdivision 1; 275.08, subdivision 1b; 275.70, by adding a subdivision; 275.72, subdivisions 1 and 3; 276.19, subdivision 1; 289A.08, by adding a subdivision; 289A.20, subdivision 2; 289A.26, subdivision 1; 289A.31, subdivision 7; 289A.35; 289A.60, subdivisions 1 and 14; 290.01, subdivisions 19c and 19d; 290.015, subdivisions 1, 3, and 4; 290.06, subdivision 22, and by adding subdivisions; 290.0671, subdivision 6; 290.0672, subdivisions 1 and 2; 290.0673, subdivision 8; 290.17, subdivision 2; 290.35, subdivisions 2, 3, and 6; 290.92, subdivisions 3, 28, and 29; 290B.04, by adding a subdivision; 290B.05, subdivision 3; 290B.07; 290B.08, subdivisions 1 and 2; 290B.09, subdivision 2; 295.50, subdivision 9b; 295.58; 296A.03, subdivision 5; 296A.21, subdivisions 2 and 3; 296A.22, subdivision 6; 297A.01, subdivisions 13, 15, 16, and by adding a subdivision; 297A.15, by adding a subdivision; 297A.25, subdivisions 5, 16, 34, 62, 76, and by adding subdivisions; 297B.01, subdivision 7; 297B.03; 297E.02, by adding a subdivision; 297F.01, subdivisions 7, 14, 17, and by adding subdivisions; 297F.08, subdivisions 2, 5, 8, and 9; 297F.13, subdivision 4; 297F.21, subdivisions 1 and 3; 297G.01, by adding a subdivision; 297G.03, subdivision 1; 297H.02, subdivision 2; 297H.03, subdivision 2; 297H.04, subdivision 2; 297H.13, subdivisions 2, 4, and by adding a subdivision; 360.035; 424.165; 429.011, subdivisions 2a and 5; 429.021, subdivision 1; 429.031, subdivision 1; 458A.09; 458A.30; 458D.23; 469.040, by adding a subdivision; 469.115; 469.127; 469.1734, subdivision 4; 469.174, subdivisions 9, 10, 11, 12, 14, and 22; 469.175, subdivisions 1a, 2, 2a, 3, 4, 5, and 6; 469.176, subdivisions 1b and 4d; 469.1761, subdivision 4; 469.1763, subdivision 2, and by adding a subdivision; 469.177, subdivision 1; 469.1813, subdivision 4; 473.388, subdivisions 4 and 7; 473.446, subdivision 1, and by adding a subdivision; 473.448; 473.545; 473.608, subdivision 2; and 477A.06, subdivision 3; Minnesota Statutes 1999 Supplement, sections 16D.09, subdivision 2; 43A.23, subdivision 1; 60A.19, subdivision 6; 116J.993, subdivision 3; 116J.994, subdivisions 1, 3, 4, 5, 6, 7, 8, and 9; 116J.995; 168.012, subdivision 1; 270.65; 270A.03, subdivision 2; 270A.07, subdivision 2; 272.02, subdivision 39, and by adding a subdivision; 273.11, subdivision 1a; 273.124, subdivisions 1, 8, and 14; 273.13, subdivisions 22, 23, 24, 25, and 31; 273.1382, subdivisions 1, 1a, and 1b; 273.1398, subdivisions 1a and 4a; 275.065, subdivision 5a; 275.70, subdivision 5; 275.71, subdivisions 2, 3, and 4; 287.01, subdivision 2; 289A.02, subdivision 7; 289A.20, subdivision 4; 289A.55, subdivision 9; 290.01, subdivisions 19, 19b, and 31; 290.06, subdivisions 2c and 2d; 290.0671, subdivision 1; 290.0674, subdivision 2; 290.0675, subdivisions 1, 2, and 3; 290.091, subdivisions 1, 2, and 6; 290.191, subdivisions 2 and 3; 290.9725; 290A.03, subdivision 15; 290B.03, subdivision 1; 290B.05, subdivision 1; 291.005, subdivision 1; 295.52, subdivision 7; 295.53, subdivision 1; 297A.25, subdivisions 9 and 11; 297E.02, subdivisions 1, 4, and 6; 297F.08, subdivision 8a; 297H.05; 298.24, subdivision 1; 383D.74, subdivision 2; 469.101, subdivision 2; 469.1771, subdivision 1; 469.1813, subdivisions 1 and 6; 477A.011, subdivision 36; 477A.03, subdivision 2; 477A.06, subdivision 1; and 505.08, subdivision 3; Laws 1987, chapter 402, section 2, subdivisions 1, 4, and 5; Laws 1988, chapter 645, section 3, as amended; Laws 1995, First Special Session chapter 3, article 15, section 25; Laws 1997, chapter 231, article 1, section 19, subdivisions 1, as amended, and 3, as amended; Laws 1999, chapter 112, section 1, subdivision 1; Laws 1999, chapter 243, article 1, section 2; article 6, section 18; proposing coding for new law in Minnesota Statutes, chapters 3; 273; 278; 297A; 465; and 473; 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; 270.072, subdivision 5; 270.075, subdivisions 3 and 4; 270.083; 273.127; 273.13, subdivision 24a; 273.1316; 297A.01; 297A.02; 297A.022; 297A.023; 297A.03; 297A.04; 297A.041; 297A.06; 297A.065; 297A.07; 297A.09; 297A.10; 297A.11; 297A.12; 297A.13; 297A.135; 297A.14; 297A.141; 297A.15; 297A.16; 297A.17; 297A.18; 297A.21; 297A.211; 297A.213; 297A.22; 297A.23; 297A.24; 297A.25; 297A.2531; 297A.2545; 297A.255; 297A.256; 297A.2571; 297A.2572; 297A.2573; 297A.259; 297A.26; 297A.28; 297A.33,


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7981

subdivision 2; 297A.44, subdivision 1; 297A.46; 297A.47; 297A.48; 299F.21; 299F.22; 299F.23; 299F.24; 299F.25; 299F.26; 465.715, subdivisions 1, 2, and 3; 469.055, subdivision 5; 469.101, subdivision 21; 469.135; 469.136; 469.137; 469.138; 469.139; 469.140; 469.174, subdivision 13; 469.175, subdivision 6a; and 469.176, subdivision 4a; Minnesota Statutes 1999 Supplement, sections 290.06, subdivision 26; 290.9726, subdivision 7; and 465.715, subdivision 1a; Minnesota Rules, parts 2765.1500, subpart 6; and 8160.0300, subpart 4.

The bill, as amended, was placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 85 yeas and 47 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I. Folliard Jaros Mahoney Orfield Skoglund
Bakk Gleason Jennings Mariani Otremba Solberg
Biernat Gray Johnson Marko Paymar Swapinski
Carruthers Greenfield Juhnke McCollum Peterson Tomassoni
Clark, K. Greiling Kahn McGuire Pugh Trimble
Dawkins Hausman Koskinen Milbert Reuter Wagenius
Dorn Hilty Kubly Mullery Rukavina Winter
Entenza Huntley Lieder Murphy Skoe

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

CALL OF THE HOUSE LIFTED

McElroy moved that the call of the House be suspended. The motion prevailed and it was so ordered.

There being no objection, the order of business reverted to Messages from the Senate.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7982

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

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

H. F. No. 2688, 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; clarifying the scope of the community notification law; authorizing release of information about sex offenders residing in treatment facilities; providing for criminal justice information systems technology; changing the membership of the criminal and juvenile justice information policy group; authorizing the purchase and distribution of criminal justice technology infrastructure; appropriating money; amending Minnesota Statutes 1998, sections 13.54, subdivision 6; 243.166, subdivisions 3, 5, 7, and by adding subdivisions; 244.052, as amended; 244.10, subdivision 2a; 259.11; 299C.65, subdivision 1, and by adding a subdivision; 517.08, subdivisions 1a and 1b; 518.27; 609.035, by adding a subdivision; 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 299C.65, subdivisions 2 and 8; proposing coding for new law in Minnesota Statutes, chapters 176; 243; 259; 299C; and 609.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Broecker moved that the House concur in the Senate amendments to H. F. No. 2688 and that the bill be repassed as amended by the Senate. The motion prevailed.

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

H. F. No. 2688, A bill for an act relating to crime prevention; making numerous changes to the predatory offender registration law including lengthening the registration period for certain offenders, requiring additional offenders to register, requiring that additional information be reported, authorizing disclosure of information about offenders, and increasing the criminal penalty for predatory offenders who fail to comply with the law and imposing a mandatory minimum prison sentence on those offenders; requiring the bureau of criminal apprehension to maintain a computerized database for predatory offenders; expanding and clarifying the scope of the community notification law; requiring that certain information regarding level III predatory offenders be posted on the Internet; placing restrictions on persons with felony convictions who are seeking name changes; clarifying that harassment crimes prohibit harassment by electronic means; modifying the expungement law; expanding the solicitation of a child to engage in sexual conduct crime; authorizing the prosecution of certain sex offenses in the jurisdiction where they originate or terminate; eliminating the statute of limitations for certain offenses; making certain data about sex offenders available to law enforcement; changing the membership of the criminal and juvenile justice information policy group; authorizing the purchase and distribution of criminal justice technology infrastructure improvements; increasing the presumptive sentence for first degree criminal sexual conduct; requiring reports; imposing criminal


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7983

penalties; appropriating money; amending Minnesota Statutes 1998, sections 13.54, subdivision 6; 243.166, subdivisions 3, 5, 7, and by adding subdivisions; 244.052, as amended; 244.10, subdivision 2a; 259.11; 299C.65, subdivision 1, and by adding a subdivision; 517.08, subdivisions 1a and 1b; 518.27; 609.035, by adding a subdivision; 609.342, subdivision 2; 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 299C.65, subdivisions 2 and 8; proposing coding for new law in Minnesota Statutes, chapters 176; 243; 259; 299C; and 609.

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

The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

KahnKrinkie

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

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 4078:

Knoblach, Bishop, Leppik, Kalis and Osthoff.


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CALENDAR FOR THE DAY

H. F. No. 3708 was reported to the House.

Jennings moved that H. F. No. 3708 be continued on the Calendar for the Day.

Pursuant to rule 1.21, H. F. No. 3708 was returned to the General Register.

H. F. No. 3497 was reported to the House.

Tuma moved that H. F. No. 3497 be temporarily laid over on the Calendar for the Day. The motion prevailed.

The Speaker called Tuma to the Chair.

S. F. No. 3023 was reported to the House.

Workman moved to amend S. F. No. 3023 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2953, the first engrossment:

"Section 1. Minnesota Statutes 1998, section 168.012, subdivision 7, is amended to read:

Subd. 7. [VEHICLE NOT USED; DOMICILED IN ANOTHER STATE.] The owner of a motor vehicles which vehicle that during any calendar year, or in the case of a vehicle registered pursuant to under section 168.017, during the registration period there provided for in that section, are is not operated on a public highway shall be is exempt from the provisions of this chapter requiring registration, payment of tax, and penalties for tax nonpayment thereof, provided that but only if the owner of any such the vehicle shall first file files a verified written application with the commissioner of public safety registrar, correctly describing the vehicle and certifying that it has not been and will not be operated upon a public highway.

Motor vehicles whose domicile is A motor vehicle domiciled in a foreign state and are, legally licensed in that state, and owned by a Minnesota resident shall be is exempt from the provisions of this chapter and; except that it is subject to the provisions of section 168.181, subdivision 3., provided, that this exemption does not conflict with any existing reciprocal agreement with the state in which the vehicle is domiciled.

Sec. 2. Minnesota Statutes 1998, section 168.017, subdivision 3, is amended to read:

Subd. 3. [EXCEPTIONS.] All vehicles subject to registration under the monthly series system shall be registered by the registrar for a period of 12 consecutive calendar months, except as follows:

(a) if the application is an original rather than renewal application; or

(b) if the applicant is a licensed motor vehicle lessor under section 168.27, in which case the applicant may apply for original or renewal registration of a vehicle for a period of four or more months, the month of expiration to be designated by the applicant at the time of registration. However, to qualify for this exemption, the applicant must present the application to the registrar at St. Paul, or at deputy registrar offices as the registrar may designate.

In any instance except that of a licensed motor vehicle lessor, the registrar may register the vehicle which is the subject of the application for a period of not less than three nor more than 15 calendar months, when the registrar determines that to do so will help to equalize the registration and renewal work load of the department.


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Sec. 3. Minnesota Statutes 1998, section 168.09, subdivision 6, is amended to read:

Subd. 6. [SEMITRAILER.] On semitrailers For a semitrailer, as defined in section 168.011, subdivision 14, a number plate must be assigned to the registered owner as identification for the vehicle and correlate with the certificate of title documentation on file with the department. This number plate shall must not display a year designator. The registration card must indicate the number plate for the number plate to be valid.

Sec. 4. Minnesota Statutes 1998, section 168.1235, subdivision 1, is amended to read:

Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On payment of a fee of $10 for each set of two license plates, or for a single plate in the case of a motorcycle plate, payment of the registration tax required by law, and compliance with other laws relating to the registration and licensing of a passenger automobile, pickup truck, van, or self-propelled recreational equipment, or motorcycle vehicle, as applicable, the registrar shall issue a special license plate sticker for each plate to an applicant who is a member of a congressionally chartered veterans service organization and is an owner or joint owner of a passenger automobile, pickup truck, van, or self-propelled recreational equipment, or motorcycle vehicle.

(b) The additional fee of $10 is payable at the time of initial application for the special license plate stickers and when the license plates must be replaced or renewed. An applicant must not be issued more than two sets of special license plate stickers for vehicles listed in paragraph (a) and owned or jointly owned by the applicant.

(c) The commissioner of veterans affairs shall determine what documentation is required by each applicant to show that the applicant is a member of a congressionally chartered veterans service organization and is entitled to the special license plate stickers.

Sec. 5. Minnesota Statutes 1998, section 168.1235, subdivision 4, is amended to read:

Subd. 4. [PLATES TRANSFER.] Notwithstanding section 168.12 or other law to the contrary, on payment of a fee of $5, the special plate stickers issued under subdivision 1, may be transferred to other license plates on a passenger automobile, pickup truck, van, motorcycle, or self-propelled recreational equipment vehicle owned or jointly owned by the person to whom the stickers were issued.

Sec. 6. Minnesota Statutes 1998, section 168.1291, is amended to read:

168.1291 [SPECIAL LICENSE PLATES; DESIGN.]

Subdivision 1. [DEFINITION.] For purposes of this section "special license plates" means license plates issued under sections 168.12, subdivisions 2b to 2e; 168.123; 168.1235; and 168.129; and 168.1292.

Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The commissioner shall design a single special license plate that will contain a unique number and a space for a unique symbol. The commissioner shall design a unique symbol related to the purpose of each special license plate. Any provision of sections 168.12, subdivisions 2b to 2e; 168.123; and 168.129; and 168.1292 that requires the placement of a specified letter or letters on a special license plate applies to those license plates only to the extent that the commissioner includes the letter or letters in the design. Where a law authorizing a special license plate contains a specific requirement for graphic design of that license plate, that requirement applies to the appropriate unique symbol the commissioner designs.

Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 168.123; or 168.129; or 168.1292, beginning with special license plates issued in calendar year 1996 the commissioner shall issue each class of special license plates permanently marked with specific designs under those laws only until the commissioner's supply of those license plates is exhausted. Thereafter the commissioner shall issue under those laws only the license plate authorized under subdivision 2, with the appropriate unique symbol attached.


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Subd. 4. [FEES.] Notwithstanding section 168.12, subdivisions 2b to 2e; 168.123; or 168.129; or 168.1292, the commissioner shall charge a fee of $10 for each set of license plates issued under this section.

Subd. 5. [APPLICATION.] This section does not apply to a special motorcycle license plate designed by the registrar under section 168.123, subdivision 1, clause (2).

Sec. 7. Minnesota Statutes 1998, section 168.13, is amended to read:

168.13 [PROOF OF OWNERSHIP.]

(a) The registrar shall not approve no an application and shall not issue no number plates for any motor vehicle, unless and until the title certificate theretofore issued under chapter 168A, or registration certificate if not titled, is delivered to the registrar, who shall. The registrar must be satisfied from the records that all taxes and fees due hereunder shall have been paid, and that endorsements upon the certificate are in writing and have been signed by the seller and purchaser.

(b) The registrar shall not register and shall not issue number plates for a motor vehicles vehicle brought into Minnesota from other states shall not be registered or have number plates issued therefor another state until such:

(1) a registration certificate or other evidence of title as may reasonably be required from the registrant within that state be is surrendered to the registrar in the same manner as certificates of this state,; or in lieu thereof, such view and

(2) the registrar receives evidence of the chain of ownership be had as will assure the payment of the proper tax so long as the motor vehicle shall be is in the state.

Sec. 8. Minnesota Statutes 1999 Supplement, section 168.15, subdivision 1, is amended to read:

Subdivision 1. [TRANSFER OF OWNERSHIP.] (a) Upon the transfer of ownership, destruction, theft, dismantling as such, or the permanent removal by the owner thereof from this state of any motor vehicle registered in accordance with the provisions of this chapter, the right of the owner of such the vehicle to use the registration certificate and number plates assigned such to the vehicle shall expire, and such certificate and any existing plates shall be, by such owner, forthwith returned, with transportation prepaid, to the registrar with a signed notice of the date and manner of termination of ownership, giving the name and post office address, with street and number, if in a city, of the person to whom transferred. No fee may be charged for a return of plates under this section expires.

(b) When the ownership of a motor vehicle shall be is transferred to another who shall forthwith register the same in the other's name, the registrar may permit the manual delivery of such plates to the new owner of such vehicle resident of this state, the transferor shall surrender the registration plates, unless otherwise provided for in this chapter, and assign the registration tax paid to the credit of the transferee.

(c) When seeking to become the owner by gift, trade, or purchase of any vehicle for which a registration certificate has been theretofore issued under the provisions of this chapter, a person shall join with the registered owner in transmitting with the application the registration certificate, with the assignment and notice of sale duly executed upon the reverse side thereof, or, in case of loss of such the certificate, with such proof of loss by sworn statement, in writing, as shall be and satisfactory to the registrar. Upon the transfer of any motor vehicle by a manufacturer or dealer, for use within the state, whether by sale, lease, or otherwise, such the manufacturer or dealer shall, within ten days after such the transfer, file with the registrar a notice or report containing the date of such transfer, a description of such the motor vehicles vehicle, and the transferee's name, street and number of residence, if in a city, and the post office address of the transferee, and shall also transmit therewith with it the transferee's application for registration thereof.


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Sec. 9. Minnesota Statutes 1999 Supplement, section 168.16, is amended to read:

168.16 [REFUND; APPROPRIATION.]

After the tax upon any motor vehicle shall have has been paid for any year, refund shall must be made for errors made in computing the tax or fees and for the error on the part of an owner who may in error have registered a motor vehicle that was not before, nor at the time of registration, nor at any time thereafter during the current past year, subject to tax in this state as provided by section 168.012. Unless otherwise provided in this chapter, a claim for a refund of an overpayment of registration tax must be filed within 3-1/2 years from the date of payment. The refundment shall refund must be made from any fund in possession of the registrar and shall be deducted from the registrar's monthly report to the commissioner of finance. A detailed report of the refundment shall refund must accompany the report. The former owner of a transferred vehicle, by an assignment in writing endorsed upon the registration certificate and delivered to the registrar within the time provided herein may sell and in this subdivision, shall assign, except for vehicles registered under section 168.187, to the new owner thereof the right to have the tax paid by the former owner accredited to the owner who duly registers the vehicle. Any owner at the time of such occurrence, whose vehicle shall be is declared by an insurance company to be a total loss due to flood or tornado damage, permanently destroyed, or sold to the federal government, the state, or a political subdivision thereof of the state, shall upon filing a verified claim be entitled to a refund of the unused portion of the tax paid upon the vehicle, computed as follows:

(1) if the vehicle is registered under the calendar year system of registration, the refund is computed pro rata by the month, 1/12 of the annual tax paid for each month of the year remaining after the month in which the plates and certificate were returned to the registrar;

(2) in the case of a if the vehicle is registered under the monthly series system of registration, the amount of the refund is equal to the sum of the amounts of the license fee attributable to those months remaining in the licensing period after the month in which the plates and certificate were returned to the registrar.

There is hereby appropriated to the persons entitled to a refund, from the fund or account in the state treasury to which the money was credited, an amount sufficient to make the refund and payment.

Sec. 10. Minnesota Statutes 1998, section 168.187, subdivision 8, is amended to read:

Subd. 8. [BASE STATE RECIPROCITY.] (1) Any agreement, arrangement, or declaration made under the authority of this section may contain provisions authorizing the registration or licensing in another state of vehicles based in such the other state, which vehicles otherwise would be required to be registered or licensed in this state, except that such those provisions shall not apply to passenger cars.

(2) For the purpose of this section, a vehicle shall be deemed to be based in the state where it is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.

(3) For the purpose of this section, the owner of a vehicle shall declare the state in which it is based, but the commissioner of public safety shall make the final determination of the state in which a the vehicle is based shall be made by the commissioner of public safety of this state for the purpose of determining liability for registration and other fees and penalties due this state. To the extent possible, The commissioner of public safety shall be is governed, to the extent possible, by the criteria specified in this section, and agreement with the administrator of any other interested state.

(4) (3) Any agreement, arrangement, or declaration made under this section may grant exemptions, benefits, and privileges for vehicles in accordance with the its terms thereof.

Sec. 11. Minnesota Statutes 1998, section 168.31, subdivision 4, is amended to read:

Subd. 4. [INSTALLMENTS.] If the tax for a vehicle assessed under section 168.013, subdivision 1c, 1d, 1e,


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or 1g, amounts to more than $400, the owner may pay such the tax by installments. The owner shall tender with the application for registration one-third of the annual tax due or $400, whichever is greater, plus any penalties or arrears, plus a fee of $10. Instead of this fee, the applicant may furnish a bond, bank letter of credit, or certificate of deposit approved by the registrar of motor vehicles, for the total of the tax still due. The amount of the bond, letter of credit, or certificate of deposit may include any penalties which are assessed. The bond, letter of credit, or certificate of deposit shall must be for the benefit of the state for monetary loss caused by failure of the vehicle owner to pay delinquent license fees and penalties. The remainder of the tax due shall must be paid in two equal installments; the due date of the first installment shall be is the first day of the fifth month of the registration period for which the tax is assessed and the second installment shall be is due on the first day of the ninth month of the registration period for which the tax is assessed. When the applicant elects to pay the administrative fee, the registrar shall issue to the applicant distinctive validation stickers for the installment paid. When the applicant elects to furnish a bond, bank letter, or letter of deposit, the registrar shall issue regular validation stickers for the registration year. If an owner of a vehicle fails to pay an installment on or before the its due date thereof, the vehicle shall must not use be used on the public streets or highways in this state until the installment or installments of the tax remaining due on such the vehicle shall have been paid in full for the licensed year together with a penalty at the rate of $1 per day for the remainder of the month in which the balance of the tax becomes due and $4 a month for each succeeding month or fraction thereof of a month during which the balance of the tax remains unpaid. Upon the payment of the balance of the tax and the penalties, the registrar shall issue a registration certificate to the owner of the vehicle in the manner provided by law. The registrar shall deny installment payment privileges provided in this subdivision in the subsequent year to any owner on any or all vehicles of such the owner who during the current year fails to pay any installment due within one month after the due date.

Sec. 12. Minnesota Statutes 1998, section 168.33, subdivision 7, is amended to read:

Subd. 7. [FILING FEE.] In addition to all other statutory fees and taxes, a filing fee of $3.50 is imposed on every application; except that a filing fee may not be charged for a document returned for a refund or for a correction of an error made by the department or a deputy registrar. The filing fee shall be shown as a separate item on all registration renewal notices sent out by the department of public safety. No filing fee or other fee may be charged for the permanent surrender of a certificate of title and license plates for a motor vehicle. Filing fees collected under this subdivision by the registrar must be paid into the state treasury and credited to the highway user tax distribution fund, except fees for registrations of new motor vehicles. Filing fees collected for registrations of new motor vehicles in conjunction with a title transfer or first application in this state must be paid into the state treasury with 50 percent of the money credited to the general fund and 50 percent credited to the highway user tax distribution fund.

Sec. 13. Minnesota Statutes 1998, section 168.54, subdivision 5, is amended to read:

Subd. 5. [PROCEEDS TO GENERAL FUND.] The registrar shall collect the proceeds of the fee imposed under the provisions of this section shall be collected by the commissioner of public safety and paid into deposit them in the general fund pursuant to section 168A.31.

Sec. 14. Minnesota Statutes 1998, section 168.54, subdivision 6, is amended to read:

Subd. 6. [BALANCE TO GENERAL FUND.] The unobligated balances in excess of $4,000 in said the transfer of ownership revolving fund as of June 30 of each fiscal year shall be canceled into cancel to the general fund.

Sec. 15. Minnesota Statutes 1998, section 168A.03, is amended to read:

168A.03 [EXEMPT VEHICLES.]

No The registrar shall not issue a certificate of title need be obtained for:

(1) a vehicle owned by the United States, unless it is registered in this state;


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(2) a vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used pursuant to section 168.27 or 168.28, or a vehicle used by a manufacturer solely for testing;

(3) a vehicle owned by a nonresident and not required by law to be registered in this state;

(4) a vehicle owned by a nonresident and regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;

(5) a vehicle moved solely by animal power;

(6) an implement of husbandry;

(7) special mobile equipment;

(8) a self-propelled wheelchair or invalid tricycle;

(9) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party holds an interest in the trailer or a certificate of title was previously issued by this state or any other state or a trailer (ii) designed primarily for agricultural purposes except recreational equipment or a manufactured home, both as defined in section 168.011, subdivisions 8 and 25;

(10) a snowmobile.

Sec. 16. Minnesota Statutes 1998, section 168A.04, subdivision 5, is amended to read:

Subd. 5. [SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLE.] Except as provided in subdivision 6, if the application refers to a specially constructed vehicle or a reconstructed vehicle, the application shall so state and shall contain or be accompanied by:

(1) Any information and documents the department reasonably requires to establish the ownership of the vehicle and the existence or nonexistence and priority of security interests in it;

(2) The certificate of a person authorized by the department that the identifying number of the vehicle has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vehicle the department reasonably requires.

Sec. 17. Minnesota Statutes 1998, section 168A.04, is amended by adding a subdivision to read:

Subd. 6. [ASSEMBLED MOTORCYCLES.] (a) If the application refers to an assembled motorcycle, the application must so state and be accompanied by:

(1) a manufacturer's statement or certificate of origin from a recognized motorcycle manufacturer for the frame, complete engine or engine cases, provided that if a statement or certificate of origin is submitted for engine cases it must also be accompanied by copies of original documentation for cylinder heads, cylinders, flywheels, and piston and rod assemblies; and

(2) vendor receipts or copies of the receipts from suppliers on the transmission assembly, engine assembly, fork assembly, and front and rear wheel assemblies. If the applicant is a motorcycle assembler, the applicant must also provide copies of original vendor receipts for the assemblies listed in this clause.

(b) An assembled motorcycle for which the documentation required under paragraph (a), clauses (1) and (2), has been submitted is not subject to the filing requirement of section 168A.07, subdivision 1, clause (2).


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Sec. 18. Minnesota Statutes 1998, section 168A.06, is amended to read:

168A.06 [DELIVERY OF CERTIFICATE.]

The certificate of title shall must be mailed delivered to the owner named in it. Secured parties, if any, shall must be mailed notification of their security interest filed.

Sec. 19. Minnesota Statutes 1998, section 168A.13, is amended to read:

168A.13 [FEE ACCOMPANIES APPLICATION; DELIVERY OF REGISTRATION CARD AND PLATES.]

Subdivision 1. [FEE ACCOMPANIES APPLICATION FOR CERTIFICATE.] An application for a certificate of title shall must be accompanied by the required fee fees when mailed or delivered to the department.

Subd. 2. [FEE ACCOMPANIES APPLICATION FOR NAMING SECURED PARTY.] An application for the naming of a secured party or the party's assignee on a certificate of title shall must be accompanied by the required fee fees when mailed or delivered to the department.

Subd. 3. [DELIVERY OF REGISTRATION CARD AND PLATES.] A transferor of a vehicle, other than a dealer transferring a new vehicle, shall deliver to the transferee at the time of the delivery of possession of the vehicle the registration card and license plates for the vehicle.

Sec. 20. Minnesota Statutes 1998, section 168A.14, is amended to read:

168A.14 [NEW CERTIFICATES ISSUED, OLD CERTIFICATES SURRENDERED.]

Subdivision 1. [NEW CERTIFICATE AFTER ASSIGNMENT.] The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fees and taxes, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and list any secured party named on it and mail deliver it to the owner. The secured party or parties shall must be issued a notification that the security interest has been filed.

Subd. 1a. [NEW CERTIFICATE AFTER SECURITY INTEREST FILED.] The department, upon receipt of an affidavit as provided in section 524.3-1201(a), an application for a new certificate of title, and any required fee, shall issue a new certificate of title in the name of the successor as owner, listing any secured party on it. The department shall mail deliver the certificate to the successor and shall issue any secured party a notification that the security interest has been filed.

Subd. 2. [NEW CERTIFICATE AFTER NONVOLUNTARY TRANSFER.] The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fees and taxes, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to it, the department shall make demand therefor from the holder thereof.

Subd. 3. [SURRENDERED CERTIFICATE.] The department shall file and retain for seven years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated therein.

Sec. 21. Minnesota Statutes 1998, section 168A.31, subdivision 1, is amended to read:

Subdivision 1. [PAID TO GENERAL FUND.] All fees prescribed by sections 168A.01 to 168A.31 and 168.54 collected by the department shall must be paid into the general fund.


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Sec. 22. Minnesota Statutes 1999 Supplement, section 171.05, subdivision 2, is amended to read:

Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a) Notwithstanding any provision in subdivision 1 to the contrary, the department, upon application therefor, may issue an instruction permit to an applicant who is 15, 16, or 17 years of age and the applicant:

(1) has completed a course of driver education in another state, has a previously issued valid license from another state, or is enrolled in one of the following types of driver education programs:

(i) a driver education program offered through the public schools that includes classroom and behind-the-wheel training and that has been approved by the commissioner of children, families, and learning;

(ii) a course offered by a private, commercial driver education school or institute that includes classroom and behind-the-wheel training and that has been approved by the department of public safety; or

(iii) an approved behind-the-wheel driver education program when the student is receiving full-time instruction in a home school within the meaning of sections 120A.22 and 120A.24, the student is working toward a home-school diploma, the student's status as a home-school student has been certified by the superintendent of the school district in which the student resides, and the student is taking home-classroom driver training with classroom materials approved by the commissioner of public safety;

(2) has completed the a nonconcurrent classroom phase of instruction in the driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a test of the applicant's knowledge of traffic laws, which test must be administered by the department;

(5) has completed the required application, which must be approved by (i) either parent when both reside in the same household as the minor applicant or, if otherwise, then (ii) the parent or spouse of the parent having custody or, in the event there is no court order for custody, then (iii) the parent or spouse of the parent with whom the minor is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or, in the event a person under the age of 18 has no living father, mother, or guardian, then (v) the applicant's employer; provided, that the approval required by this clause contains a verification of the age of the applicant and the identity of the parent, guardian, or employer; and

(6) has paid the fee required in section 171.06, subdivision 2.

(b) The instruction permit is valid for one year from the date of application and may be renewed upon payment of a fee equal to the fee for issuance of an instruction permit under section 171.06, subdivision 2.

(c) A driver education program that offers concurrent classroom and laboratory class D instruction shall issue a certificate of enrollment to a student who has completed a minimum of 15 hours of classroom instruction in motor vehicle operation. The certificate must state that the student is enrolled in a program of concurrent classroom and laboratory instruction. The department may issue an instruction permit to a student who presents the certificate and who otherwise satisfies the requirements of this subdivision. A driver education program shall notify the department of the name and address of a student who does not complete the classroom portion of the program within six months after issuance of the certificate. On receipt of notification, the department may withdraw the student's instruction permit and mail notice to the student of the withdrawal.

Sec. 23. Minnesota Statutes 1998, section 171.20, subdivision 4, is amended to read:

Subd. 4. [REINSTATEMENT FEE.] Before the license is reinstated, a person whose driver's license has been suspended under section 171.16, subdivision 2; 171.18, except subdivision 1, clause (10); or 171.182, or who has been disqualified from holding a commercial driver's license under section 171.165, must pay a fee of $25 until


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7992

June 30, 1999, and $20 thereafter. When fees are collected by a county-operated office of deputy registrar licensing agent appointed under section 171.061, a handling charge is imposed in the amount specified under section 168.33 171.061, subdivision 7 4. The handling charge must be deposited in the treasury of the place for which the deputy registrar was appointed and the reinstatement fee and surcharge must be deposited in an approved state depository as directed under section 168.33 171.061, subdivision 2 4. A suspension may be rescinded without fee for good cause.

Sec. 24. Minnesota Statutes 1999 Supplement, section 171.29, subdivision 2, is amended to read:

Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's license has been revoked as provided in subdivision 1, except under section 169.121 or 169.123, shall pay a $30 fee before the driver's license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1 under section 169.121 or 169.123 shall pay a $250 fee plus a $40 surcharge before the driver's license is reinstated. The $250 fee is to be credited as follows:

(1) Twenty percent shall must be credited to the trunk highway fund.

(2) Fifty-five percent shall must be credited to the general fund.

(3) Eight percent shall must be credited to a separate account to be known as the bureau of criminal apprehension account. Money in this account may be appropriated to the commissioner of public safety and the appropriated amount shall must be apportioned 80 percent for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Twelve percent shall must be credited to a separate account to be known as the alcohol-impaired driver education account. Money in the account is appropriated as follows:

(i) the first $200,000 in a fiscal year is to the commissioner of children, families, and learning for programs for elementary and secondary school students.; and

(ii) the remainder credited in a fiscal year is appropriated to the commissioner of transportation to be spent as grants to the Minnesota highway safety center at St. Cloud State University for programs relating to alcohol and highway safety education in elementary and secondary schools.

(5) Five percent shall must be credited to a separate account to be known as the traumatic brain injury and spinal cord injury account. The money in the account is annually appropriated to the commissioner of health to be used as follows: 35 percent for a contract with a qualified community-based organization to provide information, resources, and support to assist persons with traumatic brain injury and their families to access services, and 65 percent to maintain the traumatic brain injury and spinal cord injury registry created in section 144.662. For the purposes of this clause, a "qualified community-based organization" is a private, not-for-profit organization of consumers of traumatic brain injury services and their family members. The organization must be registered with the United States Internal Revenue Service under the provisions of section 501(c)(3) as a tax-exempt organization and must have as its purposes:

(i) the promotion of public, family, survivor, and professional awareness of the incidence and consequences of traumatic brain injury;

(ii) the provision of a network of support for persons with traumatic brain injury, their families, and friends;

(iii) the development and support of programs and services to prevent traumatic brain injury;

(iv) the establishment of education programs for persons with traumatic brain injury; and

(v) the empowerment of persons with traumatic brain injury through participation in its governance.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7993

No patient's name, identifying information or identifiable medical data will be disclosed to the organization without the informed voluntary written consent of the patient or patient's guardian, or if the patient is a minor, of the parent or guardian of the patient.

(c) The $40 surcharge shall must be credited to a separate account to be known as the remote electronic alcohol monitoring program account. The commissioner shall transfer the balance of this account to the commissioner of finance on a monthly basis for deposit in the general fund.

(d) When these fees are collected by a county-operated office of deputy registrar licensing agent, appointed under section 171.061, a handling charge is imposed in the amount specified under section 168.33 171.061, subdivision 7 4. The handling charge must be deposited in the treasury of the place for which the deputy registrar was appointed and the reinstatement fees and surcharge must be deposited in an approved state depository as directed under section 168.33 171.061, subdivision 2 4.

Sec. 25. Laws 1995, chapter 264, article 2, section 44, as amended by Laws 1996, chapter 471, article 2, section 27, and Laws 1998, chapter 389, article 8, section 33, is amended to read:

Sec. 44. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment.

Sections 3 and 4 are effective June 1, 1995. Section 4 is repealed June 1, 2000.

Sections 5 to 21 and 43, paragraph (a), are effective July 1, 1995.

Sections 23, 28, 33, 40, 42, and the part of section 22 amending language in paragraph (i), clause (vii), are effective the day following final enactment.

Sections 24 and 34 are effective for sales made after December 31, 1996.

Section 25 is effective beginning with leases or rentals made after June 30, 1995.

Section 26 is effective retroactively for sales after May 31, 1992.

Section 27 is effective for sales made after June 30, 1995.

Section 29 and the part of section 22 striking the language after paragraph (h) are effective for sales after June 30, 1995.

Section 32 is effective for sales made after June 30, 1995, and before July 1, 1999.

Sections 35 and 36 are effective for sales or transfers made after June 30, 1995.

Section 38 is effective the day after the governing body of the city of Winona complies with Minnesota Statutes, section 645.021, subdivision 3.

Section 39 is effective upon compliance by the Minneapolis city council with Minnesota Statutes, section 645.021, subdivision 3.

Section 43, paragraph (b), is effective for sales of 900 information services made after June 30, 1995.

Sec. 26. [REPEALER.]

Minnesota Statutes 1998, section 168.1292, is repealed.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7994

Sec. 27. [EFFECTIVE DATE.]

Section 25 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to motor vehicles; modifying vehicle registration and titling provisions; modifying interstate commercial vehicle registration provisions to conform to interstate registration plan; modifying requirements for driver education programs; making technical and clarifying changes; amending Minnesota Statutes 1998, sections 168.012, subdivision 7; 168.017, subdivision 3; 168.09, subdivision 6; 168.1235, subdivisions 1 and 4; 168.1291; 168.13; 168.187, subdivision 8; 168.31, subdivision 4; 168.33, subdivision 7; 168.54, subdivisions 5 and 6; 168A.03; 168A.04, subdivision 5, and by adding a subdivision; 168A.06; 168A.13; 168A.14; 168A.31, subdivision 1; and 171.20, subdivision 4; Minnesota Statutes 1999 Supplement, sections 168.15, subdivision 1; 168.16; 171.05, subdivision 2; and 171.29, subdivision 2; Laws 1995, chapter 264, article 2, section 44, as amended; repealing Minnesota Statutes 1998, section 168.1292."

The motion prevailed and the amendment was adopted.

Rukavina moved to amend S. F. No. 3023, as amended, as follows:

Page 5, after line 4, insert:

"Sec. 7. [168.1294] [SPECIAL PLATES TO ENCOURAGE SPAYING AND NEUTERING OF PETS.]

Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) The registrar shall issue special license plates or stickers to an applicant who:

(1) is an owner or joint owner of a passenger automobile, pickup truck, or van;

(2) pays a one-time fee of $10 to cover the costs of handling and manufacturing the plates and stickers;

(3) pays the registration tax required under section 168.013;

(4) pays the fees required under this chapter;

(5) contributes a minimum of $30 annually to the account established in subdivision 5; and

(6) complies with laws and rules governing registration and licensing of vehicles and drivers.

(b) The license application form must clearly indicate that the annual contribution specified under paragraph (a), clause (5), is a minimum contribution to receive the special license plates or stickers and that the applicant may make an additional contribution to the account.

Subd. 2. [DESIGN.] After consultation with humane societies and animal shelters, the board of animal health and the registrar shall jointly select a suitable symbol or slogan, or both, for use by the registrar to design the special plates or, alternatively, special stickers for the plates.

Subd. 3. [NO REFUND.] Contributions under this section are not refundable.

Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 168.12, subdivision 1, on payment of a transfer fee of $5, plates issued under this section may be transferred to another passenger automobile, pickup truck, or van owned or jointly owned by the person to whom the special plates were issued.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7995

Subd. 5. [CONTRIBUTION AND FEES CREDITED; APPROPRIATION.] (a) Contributions under subdivision 1, clause (5), must be paid to the registrar and credited to a special account created in the general fund. The commissioner of finance, at the request and direction of the board of animal health, shall disburse money in the account as grants to county humane societies and animal shelters, on a proportional, as needed basis, for subsidizing the costs of spaying or neutering stray or abandoned dogs and cats before the animals are purchased by, or otherwise transferred to, new owners. The commissioner shall also disburse money to the board of animal health for its direct and necessary costs to administer this subdivision.

(b) The fees collected under this section must be deposited in the highway user tax distribution fund.

Subd. 6. [RECORD.] The registrar shall maintain a record of the number of special plates issued under this section."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

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

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

Workman moved to amend S. F. No. 3023, as amended, as follows:

Page 16, line 5, after the period, insert "A student driving with a permit issued as a result of enrollment in a concurrent classroom and laboratory instructional program is restricted to driving with a parent, legal guardian, licensed instructor, or licensed driver over the age of 35, until completion of the concurrent program."

A roll call was requested and properly seconded.

The question was taken on the Workman amendment and the roll was called. There were 34 yeas and 94 nays as follows:

Those who voted in the affirmative were:

Boudreau Dehler Holsten Kuisle Opatz Van Dellen
Bradley Dorman Howes Larson, D. Osskopp Wenzel
Cassell Erhardt Johnson Lieder Ozment Workman
Chaudhary Fuller Juhnke Lindner Skoe Spk. Sviggum
Clark, J. Goodno Kalis Murphy Swenson
Daggett Hackbarth Krinkie Olson Tuma

Those who voted in the negative were:

Abeler Erickson Huntley Marko Peterson Storm
Abrams Finseth Jaros McCollum Pugh Swapinski
Anderson, B. Folliard Jennings McElroy Rest Tingelstad
Anderson, I. Gerlach Kahn McGuire Reuter Tomassoni

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7996
Bakk Gleason Kelliher Milbert Rhodes Trimble
Biernat Gray Kielkucki Molnau Rifenberg Tunheim
Bishop Greenfield Knoblach Mulder Rostberg Vandeveer
Broecker Greiling Koskinen Mullery Rukavina Wagenius
Buesgens Gunther Kubly Ness Schumacher Westerberg
Carlson Haake Larsen, P. Nornes Seifert, J. Westfall
Carruthers Haas Lenczewski Orfield Seifert, M. Westrom
Clark, K. Harder Leppik Otremba Skoglund Wilkin
Dawkins Hasskamp Luther Paulsen Smith Winter
Dempsey Hausman Mahoney Pawlenty Solberg Wolf
Dorn Hilty Mares Paymar Stanek
Entenza Holberg Mariani Pelowski Stang

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

S. F. No. 3023, as amended, was read for the third time.

MOTION FOR RECONSIDERATION

Knoblach moved that the action whereby S. F. No. 3023, as amended, was given its third reading be now reconsidered. The motion prevailed.

Larsen, P., moved to amend S. F. No. 3023, as amended, as follows:

Pages 14 to 16, delete section 22

Renumber the remaining sections

A roll call was requested and properly seconded.

Workman moved that S. F. No. 3023, as amended, be temporarily laid over on the Calendar for the Day. The motion prevailed.

S. F. No. 2896 was reported to the House.

Luther and Huntley moved to amend S. F. No. 2896 as follows:

Page 4, delete section 3

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7997

The question was taken on the Luther and Huntley amendment and the roll was called. There were 64 yeas and 65 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Huntley and Luther moved to amend S. F. No. 2896 as follows:

Page 5, delete line 1

Amend the title accordingly

A roll call was requested and properly seconded.

The Speaker resumed the Chair.

The question was taken on the Huntley and Luther amendment and the roll was called. There were 60 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Folliard Jennings Mariani Otremba Skoglund
Bakk Gleason Juhnke Marko Paymar Solberg
Biernat Gray Kahn McCollum Pelowski Swapinski
Carlson Greenfield Kelliher McGuire Peterson Tomassoni
Carruthers Greiling Koskinen Milbert Pugh Trimble
Chaudhary Hasskamp Kubly Mullery Rest Tunheim
Clark, K. Hausman Larson, D. Murphy Rukavina Vandeveer
Dawkins Hilty Lenczewski Opatz Schumacher Wagenius

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7998
Dorn Huntley Luther Orfield Seifert, J. Wenzel
Entenza Jaros Mahoney Osthoff Skoe Winter

Those who voted in the negative were:

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

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

S. F. No. 2896, A bill for an act relating to health; requiring the commissioner to develop procedures for the nursing home survey process; allowing nursing homes to train and employ resident assistants to assist residents with eating and drinking; requiring various studies and reports; amending Laws 1999, chapter 245, article 3, section 45; proposing coding for new law in Minnesota Statutes, chapter 144A; repealing Minnesota Statutes 1998, section 144A.103; Minnesota Rules, part 4658.0515.

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 107 yeas and 23 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 7999

Abeler Dorman Holberg Mares PaulsenStorm
Abrams Dorn Holsten Marko Pawlenty
Anderson, B. Entenza Howes McCollum Paymar
Biernat Erhardt Jennings McElroy Pelowski
Bishop Erickson Johnson McGuire Peterson
Boudreau Finseth Kalis Milbert Pugh
Bradley Folliard Kelliher Molnau Rest
Broecker Fuller Kielkucki Mulder Reuter
Buesgens Gerlach Knoblach Murphy Rhodes
Carlson Gleason Krinkie Ness Rifenberg
Carruthers Goodno Kubly Nornes Rostberg
Cassell Gunther Kuisle Olson Schumacher
Chaudhary Haake Larsen, P. Opatz Seagren
Clark, J. Haas Larson, D. Orfield Seifert, J.
Daggett Hackbarth Lenczewski Osskopp Seifert, M.
Dawkins Harder Leppik Osthoff Skoe
Dehler Hasskamp Lieder Otremba Stanek
Dempsey Hilty Lindner Ozment Stang
Swapinski
Swenson
Tingelstad
Tuma
Tunheim
Van Dellen
Vandeveer
Wagenius
Westerberg
Westfall
Westrom
Wilkin
Winter
Wolf
Workman
Spk. Sviggum

Those who voted in the negative were:

Anderson, I. Greenfield Jaros Luther Rukavina Tomassoni
Bakk Greiling Juhnke Mahoney Skoglund Trimble
Clark, K. Hausman Kahn Mariani Smith Wenzel
Gray Huntley Koskinen Mullery Solberg

The bill was passed and its title agreed to.

S. F. No. 2748, A bill for an act relating to health; modifying ambulance service and EMT requirements; amending Minnesota Statutes 1999 Supplement, sections 144E.101, subdivision 9; 144E.28, subdivisions 5 and 7; 144E.285, subdivisions 1 and 4; 144E.29; 144E.305, subdivisions 1 and 2; and 144E.50, subdivision 6; repealing Minnesota Rules, parts 4690.0100, subpart 28; 4690.3500; 4690.7900, subpart 2; and 4735.5100.

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

The bill was passed and its title agreed to.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8000

S. F. No. 2734 was reported to the House.

Solberg moved to amend S. F. No. 2734 as follows:

Page 1, line 8, delete "Minnesota home care association" and insert "commissioner of human services"

Page 1, line 9, delete "commissioner of human services" and insert "Minnesota home care association"

Page 1, line 9, delete "shall" and insert "may"

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Solberg amendment and the roll was called. There were 64 yeas and 65 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8001

S. F. No. 2734, A bill for an act relating to human services; directing the Minnesota home care association to study reimbursing home care and personal care providers for transportation expenses.

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 114 yeas and 16 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I. Hausman Koskinen Olson Peterson Wagenius
Greenfield Huntley McCollum Orfield Skoglund
Greiling Kahn Mullery Otremba Trimble

The bill was passed and its title agreed to.

S. F. No. 2868, A bill for an act relating to human services; providing time lines for the transition to a new case-mix system based upon the federal minimum data set; requiring education and training programs and a report to the legislature; amending Minnesota Statutes 1999 Supplement, section 256B.435, by adding a subdivision.

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

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

Those who voted in the affirmative were:

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

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8002
Dawkins Hasskamp Lenczewski Osskopp Smith Workman
Dehler Hausman Leppik Osthoff Solberg Spk. Sviggum
Dempsey Hilty Lieder Otremba Stanek
Dorman Holberg Lindner Ozment Stang

The bill was passed and its title agreed to.

S. F. No. 2348, A resolution memorializing the President and Congress of the United States to take whatever action is necessary to obtain the release of Americans who may be held against their will in North Korea, China, Russia, and Vietnam.

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 1 nay as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Luther Paulsen Swapinski
Abrams Entenza Howes Mahoney Pawlenty Swenson
Anderson, B. Erhardt Huntley Mares Pelowski Tingelstad
Anderson, I. Erickson Jaros Mariani Peterson Tomassoni

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8003
Bakk Finseth Jennings Marko Pugh Trimble
Biernat Folliard Johnson McCollum Rest Tuma
Bishop Fuller Juhnke McElroy Reuter Tunheim
Boudreau Gerlach Kahn McGuire Rhodes Van Dellen
Bradley Gleason Kalis Milbert Rifenberg Vandeveer
Broecker Goodno Kelliher Molnau Rostberg Wagenius
Buesgens Gray Kielkucki Mulder Rukavina Wenzel
Carlson Greenfield Knoblach Mullery Schumacher Westerberg
Carruthers Greiling Koskinen Murphy Seagren Westfall
Cassell Gunther Krinkie Ness Seifert, J. Westrom
Chaudhary Haake Kubly Nornes Seifert, M. Wilkin
Clark, J. Haas Kuisle Olson Skoe Winter
Clark, K. Hackbarth Larsen, P. Opatz Skoglund Workman
Daggett Harder Larson, D. Orfield Smith Spk. Sviggum
Dawkins Hasskamp Lenczewski Osskopp Solberg
Dehler Hausman Leppik Osthoff Stanek
Dempsey Hilty Lieder Otremba Stang
Dorman Holberg Lindner Ozment Storm

Those who voted in the negative were:

Wolf

The bill was passed and its title agreed to.

S. F. No. 2634, A bill for an act relating to civil law; civil commitment; providing for notice to certain relatives of patients receiving or hospitalized for psychiatric or mental health care; modifying consent provisions for voluntary mental health treatment for certain minors; amending Minnesota Statutes 1999 Supplement, section 253B.04, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 144.

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

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

Those who voted in the affirmative were:

Abeler Dorn Holsten Luther Paulsen Storm
Abrams Entenza Howes Mahoney Pawlenty Swapinski
Anderson, B. Erhardt Huntley Mares Paymar Swenson
Anderson, I. Erickson Jaros Mariani Pelowski Tingelstad
Bakk Finseth Jennings Marko Peterson Tomassoni
Biernat Folliard Johnson McCollum Pugh Trimble
Bishop Fuller Juhnke McElroy Rest Tuma
Boudreau Gerlach Kahn McGuire Reuter Tunheim
Bradley Gleason Kalis Milbert Rhodes Van Dellen
Broecker Goodno Kelliher Molnau Rifenberg Vandeveer
Buesgens Gray Kielkucki Mulder Rostberg Wagenius
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
Dawkins Hasskamp Lenczewski Osskopp Smith Workman
Dehler Hausman Leppik Osthoff Solberg Spk. Sviggum
Dempsey Hilty Lieder Otremba Stanek
Dorman Holberg Lindner Ozment Stang

The bill was passed and its title agreed to.

H. F. No. 2731 was reported to the House.

Wolf moved that H. F. No. 2731 be continued on the Calendar for the Day. The motion prevailed.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8004

H. F. No. 2506, A bill for an act relating to game and fish; modifying blaze orange requirements; amending Minnesota Statutes 1998, section 97B.071.

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 125 yeas and 5 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Clark, K. Folliard Osthoff Trimble Wagenius

The bill was passed and its title agreed to.

S. F. No. 2827 was reported to the House.

Holberg moved that S. F. No. 2827 be returned to the General Register. The motion prevailed.

H. F. No. 3576 was reported to the House.

Osskopp moved to amend H. F. No. 3576, the first engrossment, as follows:

Page 9, line 21, after "sections" insert "115A.929;"


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8005

Amend the title accordingly

The motion prevailed and the amendment was adopted.

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

H. F. No. 3576, as amended, was read for the third time.

MOTION FOR RECONSIDERATION

Abrams moved that the action whereby H. F. No. 3576, as amended, was given its third reading be now reconsidered. The motion prevailed.

Wagenius, Biernat, Bakk, Kelliher and Mullery moved to amend H. F. No. 3576, the first engrossment, as amended, as follows:

Page 9, delete section 3

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

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

The question was taken on the Wagenius et al amendment and the roll was called. There were 69 yeas and 57 nays as follows:

Those who voted in the affirmative were:

Abeler Gleason Juhnke Mariani Peterson Swapinski
Bakk Gray Kahn Marko Pugh Tomassoni
Biernat Greenfield Kalis McCollum Rest Trimble
Carlson Greiling Kelliher McGuire Rhodes Tunheim
Carruthers Hasskamp Koskinen Mullery Rukavina Vandeveer
Chaudhary Hausman Kubly Murphy Schumacher Wagenius

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8006
Clark, K. Hilty Larson, D. Opatz Seifert, J. Wenzel
Dawkins Howes Lenczewski Orfield Skoe Westerberg
Dorman Huntley Leppik Osthoff Skoglund Winter
Dorn Jaros Lieder Otremba Solberg
Entenza Jennings Luther Paymar Stanek
Folliard Johnson Mahoney Pelowski Storm

Those who voted in the negative were:

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

The motion prevailed and the amendment was adopted.

H. F. No. 3576, A bill for an act relating to the environment; modifying reporting requirements for solid waste and wastewater treatment facilities; extending exemption period for certain toxics in packaging; requiring a report; amending Minnesota Statutes 1998, sections 115.03, subdivision 1; and 115A.965, subdivision 3; repealing Minnesota Statutes 1998, sections 115A.929; 115A.981; and 297H.13, subdivision 6.

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

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

Those who voted in the affirmative were:

Abeler Dorn Holsten Luther Pawlenty Swenson
Abrams Entenza Howes Mahoney Paymar Tingelstad
Anderson, B. Erhardt Huntley Mares Pelowski Tomassoni
Anderson, I. Erickson Jaros Mariani Peterson Trimble

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8007
Bakk Finseth Jennings Marko Pugh Tuma
Biernat Folliard Johnson McCollum Rest Tunheim
Bishop Fuller Juhnke McElroy Rhodes Van Dellen
Boudreau Gerlach Kahn McGuire Rifenberg Vandeveer
Bradley Gleason Kalis Molnau Rostberg Wagenius
Broecker Goodno Kelliher Mulder Rukavina Wenzel
Buesgens Gray Kielkucki Mullery Schumacher Westerberg
Carlson Greenfield Knoblach Murphy Seagren Westfall
Carruthers Greiling Koskinen Ness Seifert, J. Westrom
Cassell Gunther Krinkie Nornes Seifert, M. Wilkin
Chaudhary Haake Kubly Olson Skoe Winter
Clark, J. Haas Kuisle Opatz Skoglund Wolf
Clark, K. Hackbarth Larsen, P. Orfield Smith Workman
Daggett Harder Larson, D. Osskopp Solberg Spk. Sviggum
Dawkins Hasskamp Lenczewski Osthoff Stanek
Dehler Hausman Leppik Otremba Stang
Dempsey Hilty Lieder Ozment Storm
Dorman Holberg Lindner Paulsen Swapinski

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

S. F. No. 3023, as amended, which was temporarily laid over earlier today on the Calendar for the Day, was again reported to the House.

Larsen, P., moved to amend S. F. No. 3023, as amended, as follows:

Pages 14 to 16, delete section 22

A roll call was requested and properly seconded.

The question was taken on the Larsen, P., amendment and the roll was called. There were 111 yeas and 16 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Clark, J. Hilty Mulder Skoe Swenson Westrom
Dorman Kielkucki Rifenberg Stang Tunheim
Harder Kuisle Seifert, M. Storm Westfall

The motion prevailed and the amendment was adopted.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8008

S. F. No. 3023, A bill for an act relating to motor vehicles; modifying vehicle registration and titling provisions; modifying interstate commercial vehicle registration provisions to conform to interstate registration plan; conforming state open bottle law to federal law; allowing exception to requirement of school bus drivers to activate school bus stop signals; adopting federal odometer regulations; modifying provisions to conform to federal standards for emergency vehicle siren; extending allowable length of recreational vehicle combinations; modifying fee provisions; making technical and clarifying changes; amending Minnesota Statutes 1998, sections 168.012, subdivision 7; 168.017, subdivision 3; 168.09, subdivision 6; 168.1235, subdivisions 1 and 4; 168.1291; 168.13; 168.187, subdivision 8; 168.31, subdivision 4; 168.33, subdivision 7; 168.54, subdivisions 5 and 6; 168A.03; 168A.06; 168A.13; 168A.14; 168A.31, subdivision 1; 169.122, subdivisions 1, 2, and 3; 169.443, subdivision 3; 169.68; 169.781, subdivision 3; 169.81, subdivision 3c; 171.20, subdivision 4; and 325E.15; Minnesota Statutes 1999 Supplement, sections 168.15, subdivision 1; 168.16; and 171.29, subdivision 2; Laws 1995, chapter 264, article 2, section 44, as amended; repealing Minnesota Statutes 1998, section 168.1292.

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

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

Those who voted in the affirmative were:

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

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

S. F. No. 2363 was reported to the House.

Larsen, P., moved that S. F. No. 2363 be continued on the Calendar for the Day. The motion prevailed.


Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8009

S. F. No. 3549, A bill for an act relating to health; modifying the residential hospice program requirements; amending Minnesota Statutes 1998, section 144A.48, subdivision 1; repealing Minnesota Statutes 1998, section 144A.48, subdivision 6.

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

The bill was passed and its title agreed to.

S. F. No. 2701, A bill for an act relating to crime prevention; creating the crime of gambling fraud; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 609.

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

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

Those who voted in the affirmative were:

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

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8010
Chaudhary Haake Kubly Olson Skoe Winter
Clark, J. Haas Kuisle Opatz Skoglund Wolf
Clark, K. Hackbarth Larsen, P. Orfield Smith Workman
Daggett Harder Larson, D. Osskopp Solberg Spk. Sviggum
Dawkins Hasskamp Lenczewski Osthoff Stanek
Dehler Hausman Leppik Otremba Stang
Dempsey Hilty Lieder Ozment Storm
Dorman Holberg Lindner Paulsen Swapinski

The bill was passed and its title agreed to.

S. F. No. 2941, A bill for an act relating to vulnerable adults; modifying provisions concerning medical errors and neglect; requiring health licensing boards to make determinations regarding employment disqualifications; amending Minnesota Statutes 1998, section 626.5572, subdivision 17; Minnesota Statutes 1999 Supplement, section 245A.04, subdivision 3d; proposing coding for new law in Minnesota Statutes, chapter 214.

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 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Howes Mahoney Paymar Tingelstad
Abrams Entenza Huntley Mares Pelowski Tomassoni
Anderson, B. Erhardt Jaros Mariani Peterson Trimble
Anderson, I. Erickson Jennings Marko Pugh Tuma

Journal of the House - 96th Day - Monday, March 27, 2000 - Top of Page 8011
Bakk Finseth Johnson McCollum Rest Tunheim
Biernat Folliard Juhnke McElroy Rhodes Van Dellen
Bishop Fuller Kahn McGuire Rifenberg Vandeveer
Boudreau Gerlach Kalis Molnau Rostberg Wagenius
Bradley Gleason Kelliher Mulder Rukavina Wenzel
Broecker Goodno Kielkucki Mullery Schumacher Westerberg
Buesgens Greenfield Knoblach Murphy Seagren Westfall
Carlson Greiling Koskinen Ness Seifert, J. Westrom
Carruthers Gunther Krinkie Nornes Seifert, M. Wilkin
Cassell Haake Kubly Olson Skoe Winter
Chaudhary Haas Kuisle Opatz Skoglund Wolf
Clark, J. Hackbarth Larsen, P. Orfield Smith Workman
Clark, K. Harder Larson, D. Osskopp Solberg Spk. Sviggum
Daggett Hasskamp Lenczewski Osthoff Stanek
Dawkins Hausman Leppik Otremba Stang
Dehler Hilty Lieder Ozment Storm
Dempsey Holberg Lindner Paulsen Swapinski
Dorman Holsten Luther Pawlenty Swenson

The bill was passed and its title agreed to.

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

MOTIONS AND RESOLUTIONS

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

Wolf moved that H. F. No. 2996 be returned to its author. The motion prevailed.

Bradley moved that S. F. No. 3259 be recalled from the Committee on Governmental Operations and Veterans Affairs Policy and together with H. F. No. 2570, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2397:

Ozment, Abeler and Luther.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3286:

Ness, Kielkucki and Otremba.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, March 28, 2000. The motion prevailed.

Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Tuesday, March 28, 2000.

Edward A. Burdick, Chief Clerk, House of Representatives


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