Prayer was offered by the Reverend Mary Farr, Children's Health Care, St. Paul, Minnesota.
The roll was called and the following members were present:
| Abrams | Erhardt | Juhnke | Mares | Pawlenty | Tingelstad |
| Anderson, B. | Evans | Kahn | Mariani | Paymar | Tomassoni |
| Anderson, I. | Farrell | Kalis | Marko | Pelowski | Tompkins |
| Bakk | Finseth | Kelso | McCollum | Peterson | Trimble |
| Bettermann | Folliard | Kielkucki | McElroy | Pugh | Tuma |
| Biernat | Garcia | Kinkel | McGuire | Reuter | Tunheim |
| Bishop | Goodno | Knight | Molnau | Rhodes | Van Dellen |
| Boudreau | Greenfield | Knoblach | Mulder | Rifenberg | Vickerman |
| Bradley | Greiling | Koppendrayer | Mullery | Rostberg | Wagenius |
| Broecker | Gunther | Koskinen | Munger | Rukavina | Weaver |
| Carlson | Haas | Kraus | Murphy | Schumacher | Wejcman |
| Chaudhary | Harder | Krinkie | Ness | Seagren | Wenzel |
| Clark | Hasskamp | Kubly | Nornes | Seifert | Westfall |
| Commers | Hausman | Kuisle | Olson, E. | Sekhon | Westrom |
| Daggett | Hilty | Larsen | Olson, M. | Skare | Winter |
| Davids | Holsten | Leighton | Opatz | Skoglund | Wolf |
| Dawkins | Huntley | Leppik | Orfield | Stanek | Workman |
| Dehler | Jaros | Lieder | Osskopp | Stang | Spk. Carruthers |
| Delmont | Jefferson | Lindner | Osthoff | Sviggum | |
| Dempsey | Jennings | Long | Otremba | Swenson, D. | |
| Dorn | Johnson, A. | Macklin | Ozment | Swenson, H. | |
| Entenza | Johnson, R. | Mahon | Paulsen | Sykora | |
A quorum was present.
Luther, Milbert, Rest, Slawik, Smith and Solberg were excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Kraus moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Jaros from the Committee on Economic Development and International Trade to which was referred:
H. F. No. 50, A bill for an act relating to economic development; providing for trade and economic development officers to be placed in tourism offices; amending Minnesota Statutes 1996, section 116J.01, subdivision 5.
Reported the same back with the following amendments:
Page 1, delete lines 24 and 25
Page 2, delete lines 1 to 3 and insert:
"(d) The commissioner shall ensure that there are at least three trade and economic development officers in state offices in nonmetropolitan areas of the state who will work with local units of government on developing local trade and economic development."
Amend the title as follows:
Page 1, line 4, delete "tourism" and insert "nonmetropolitan state"
With the recommendation that when so amended the bill pass.
The report was adopted.
Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:
H. F. No. 56, A bill for an act relating to commerce; providing for the use, validity, and security of electronic signatures and messages transmitted in commerce; prescribing penalties; proposing coding for new law as Minnesota Statutes, chapter 325K.
Reported the same back with the following amendments:
Page 1, after line 10, insert:
"Sec. 2. [325K.01] [PURPOSES AND CONSTRUCTION.]
This chapter shall be construed consistently with what is commercially reasonable under the circumstances and to effectuate the following purposes:
(1) to facilitate commerce by means of reliable electronic messages;
(2) to minimize the incidence of forged digital signatures and fraud in electronic commerce;
(3) to implement legally the general import of relevant standards, such as X.509 of the International Telecommunication Union, formerly known as the international telegraph and telephone consultative committee; and
(4) to establish, in coordination with multiple states, uniform rules regarding the authentication
and reliability of electronic messages."
Page 1, line 11, delete "2" and insert "3" and delete "325K.01" and insert "325K.02"
Page 5, line 23, delete "insurance" and after "commissioner" insert "of
commerce"
Page 7, delete section 3
Page 10, line 8, delete "LOCAL" and insert "OTHER"
Page 10, line 10, delete everything after "by"
Page 10, line 11, delete "entities" and insert "other governments"
Page 10, lines 13, 16, and 20, delete "governmental entity" and insert "government"
Page 10, line 30, delete "provision" and insert "provisions"
Page 20, line 9, delete "325K..." and insert "325K.10, subdivision 5."
Page 20, line 14, delete "or a county clerk"
Page 20, line 23, delete "or county clerk"
Page 20, line 29, delete "or county"
Page 20, line 30, delete "clerk"
Page 21, line 3, delete "325K..." and insert "325K.25"
Page 21, line 6, delete "or county clerk" and delete "or clerk"
Page 21, line 28, delete "or county clerk"
Page 26, line 32, delete "the"
Page 26, delete line 33
Page 26, line 34, delete "this section,"
Page 27, line 17, before the period, insert ", including any affected financial institution"
Page 29, line 6, delete "adopted" and insert "required"
Page 30, line 25, delete ", or court"
Page 30, line 26, delete "clerk,"
With the recommendation that when so amended the bill pass and be re-referred to the Committee
on Commerce, Tourism and Consumer Affairs.
The report was adopted.
Wagenius from the Committee on Transportation and Transit to which was referred:
H. F. No. 221, A bill for an act relating to traffic regulations; requiring all passengers between ages
three and 15 to wear seat belts, and making violation a primary offense; amending Minnesota Statutes 1996, section 169.686,
subdivision 1.
Reported the same back with the following amendments:
Page 1, line 18, delete "15" and insert "18"
Page 1, line 23, strike "15"
Page 1, line 24, after the stricken "11" insert "18"
Amend the title as follows:
Page 1, line 3, delete "15" and insert "18"
With the recommendation that when so amended the bill pass.
The report was adopted.
Long from the Committee on Taxes to which was referred:
H. F. No. 293, A bill for an act relating to taxation; making technical and administrative changes and
corrections; amending Minnesota Statutes 1996, sections 13.51, subdivision 3; 60A.15, subdivision 2a; 60E.04, subdivision
4; 69.021, subdivision 2; 270.07, subdivision 3; 272.02, subdivision 4; 272.04, subdivision 1; 272.16, by adding a
subdivision; 272.161; 273.032; 273.124, subdivision 1; 273.1392; 273.1398, subdivision 1; 275.011, subdivision 1;
275.065, subdivisions 3 and 6; 275.295, subdivision 3; 276A.01, subdivision 7; 277.21, subdivision 3; 287.05, subdivisions
2 and 3; 287.22; 289A.01; 289A.08, subdivision 11; 289A.09, subdivision 2; 289A.10, subdivision 1; 289A.11, subdivision
1; 289A.18, subdivision 2; 289A.19, subdivisions 1, 3, and 4; 289A.35; 289A.38, subdivision 7; 289A.65, subdivision 1;
290.01, subdivisions 2 and 4a; 290.06, subdivision 22; 290.17, subdivision 2; 290.92, subdivision 24; 290A.04,
subdivision 6; 295.50, subdivisions 3, 4, 7, 13, and by adding a subdivision; 295.51, subdivision 1; 295.52, subdivision 1b;
295.53, subdivisions 1, 3, and 5; 295.54, subdivision 1; 295.582; 297A.01, subdivision 1; 297A.09; 297A.12; 297A.14,
subdivision 4; 297A.22; 297A.23; 297A.25, subdivisions 1, 2, 3, 6, 8, 9, 11, 16, 17, 18, 19, 20, 21, 23, 26, 27, 28, 29, 30,
34, 35, 38, 39, 40, 41, 42, 43, 46, 49, 51, 52, 53, 56, 57, and 61; 297A.256, subdivision 1; 297A.44, subdivision 1;
297B.03; 297B.035, subdivision 3; 297B.11; 299F.21, subdivision 2; 414.033, subdivisions 7 and 12; 469.177,
subdivision 9; 473.388, subdivision 7; and 473F.02, subdivision 7; repealing Minnesota Statutes 1996, section 297A.21,
subdivision 4.
Reported the same back with the following amendments:
Page 5, line 1, delete "In the event" and insert "If" and delete "their" and
insert "the employer's"
Page 6, after line 26, insert:
"Sec. 8. Minnesota Statutes 1996, section 289A.19, subdivision 2, is amended to read:
Subd. 2. [CORPORATE FRANCHISE AND MINING COMPANY TAXES.]
(1)
Page 8, line 22, before the period insert ", or a federal savings bank holding company"
Page 8, lines 23 and 24, delete the new language
Page 12, lines 18 to 28, reinstate the stricken language and delete the new language
Page 12, line 36, reinstate the stricken language
Page 13, lines 1 to 10, reinstate the stricken language and delete the new language
Page 15, line 31, delete "9" and insert "10"
Page 15, line 34, delete "8" and insert "9"
Page 15, line 35, delete "10" and insert "11"
Page 15, line 36, delete "11" and insert "12"
Page 16, line 1, delete "12" and insert "13"
Page 16, line 2, delete "15" and insert "16"
Page 16, line 3, delete "16" and insert "17"
Page 16, line 4, delete "17" and insert "18"
Page 31, line 22, delete "(a) or"
Page 34, line 20, after "by" insert "or if the purchase was authorized by and for the use
of"
Page 34, line 29, after "belts," insert "optical or thermal imaging search devices,"
Page 41, delete section 53
Page 41, line 18, delete "53" and insert "52"
Page 41, delete section 1
Page 43, delete sections 4 and 5
Page 46, line 10, delete "6" and insert "9"
Page 48, after line 15, insert:
"Sec. 5. Minnesota Statutes 1996, section 273.124, subdivision 13, is amended to read:
Subd. 13. [HOMESTEAD APPLICATION.] (a) A person who meets the homestead requirements
under subdivision 1 must file a homestead application with the county assessor to initially obtain homestead classification.
(b) On or before January 2, 1993, each county assessor shall mail a homestead application to the
owner of each parcel of property within the county which was classified as homestead for the 1992 assessment year. The
format and contents of a uniform homestead application shall be prescribed by the commissioner of revenue. The
commissioner shall consult with the chairs of the house and senate tax committees on the contents of the homestead
application form. The application must clearly inform the taxpayer that this application must be signed by all owners who
occupy the property or by the qualifying relative and returned to the county assessor in order for the property to continue
receiving homestead treatment. The envelope containing the homestead application shall clearly identify its contents and
alert the taxpayer of its necessary immediate response.
(c) Every property owner applying for homestead classification must furnish to the county assessor
the social security number of each occupant who is listed as an owner of the property on the deed of record, the name and
address of each owner who does not occupy the property, and the name and social security number of each owner's spouse
who occupies the property. The application must be signed by each owner who occupies the property and by each owner's
spouse who occupies the property, or, in the case of property that qualifies as a homestead under subdivision 1, paragraph
(c), by the qualifying relative.
If a property owner occupies a homestead, the property owner's spouse may not claim another
property as a homestead unless the property owner and the property owner's spouse file with the assessor an affidavit or other
proof required by the assessor stating that the property qualifies as a homestead under subdivision 1, paragraph (e).
Owners or spouses occupying residences owned by their spouses and previously occupied with the
other spouse, either of whom fail to include the other spouse's name and social security number on the homestead application
or provide the affidavits or other proof requested, will be deemed to have elected to receive only partial homestead treatment
of their residence. The remainder of the residence will be classified as nonhomestead residential. When an owner or
spouse's name and social security number appear on homestead applications for two separate residences and only one
application is signed, the owner or spouse will be deemed to have elected to homestead the residence for which the
application was signed.
The social security numbers or affidavits or other proofs of the property owners and spouses are
private data on individuals as defined by section 13.02, subdivision 12, but, notwithstanding that section, the private data
may be disclosed to the commissioner of revenue, or, for purposes of proceeding under the revenue recapture act to recover
personal property taxes owing, to the county treasurer.
(d) If residential real estate is occupied and used for purposes of a homestead by a relative of the
owner and qualifies for a homestead under subdivision 1, paragraph (c), in order for the property to receive homestead status,
a homestead application must be filed with the assessor. The social security number of each relative occupying the property
and the social security number of each owner who is related to an occupant of the property shall be required on the
homestead application filed under this subdivision. If a different relative of the owner subsequently occupies the property,
the owner of the property must notify the assessor within 30 days of the change in occupancy. The social security number
of a relative occupying the property is private data on individuals as defined by section 13.02, subdivision 12, but may be
disclosed to the commissioner of revenue.
(e) The homestead application shall also notify the property owners that the application filed under
this section will not be mailed annually and that if the property is granted homestead status for the 1993 assessment, or any
assessment year thereafter, that same property shall remain classified as homestead until the property is sold or transferred
to another person, or the owners, the spouse of the owner, or the relatives no longer use the property as their homestead.
Upon the sale or transfer of the homestead property, a certificate of value must be timely filed with the county auditor as
provided under section 272.115. Failure to notify the assessor within 30 days that the property has been sold, transferred,
or that the owner, the spouse of the owner, or the relative is no longer occupying the property as a homestead, shall result
in the penalty provided under this subdivision and the property will lose its current homestead status.
(f) If the homestead application is not returned within 30 days, the county will send a second
application to the present owners of record. The notice of proposed property taxes prepared under section 275.065,
subdivision 3, shall reflect the property's classification. Beginning with assessment year 1993 for all properties, if a
homestead application has not been filed with the county by December 15, the assessor shall classify the property as
nonhomestead for the current assessment year for taxes payable in the following year, provided that the owner may be entitled
to receive the homestead classification by proper application under section 375.192.
(g) At the request of the commissioner, each county must give the commissioner a list that includes
the name and social security number of each property owner and the property owner's spouse occupying the property, or
relative of a property owner, applying for homestead classification under this subdivision. The commissioner shall use the
information provided on the lists as appropriate under the law, including for the detection of improper claims by owners,
or relatives of owners, under chapter 290A.
(h) If the commissioner finds that a property owner may be claiming a fraudulent homestead, the
commissioner shall notify the appropriate counties. Within 90 days of the notification, the county assessor shall investigate
to determine if the homestead classification was properly claimed. If the property owner does not qualify, the county assessor
shall notify the county auditor who will determine the amount of homestead benefits that had been improperly allowed. For
the purpose of this section, "homestead benefits" means the tax reduction resulting from the classification as a homestead
under section 273.13, the taconite homestead credit under section 273.135, and the supplemental homestead credit under
section 273.1391.
The county auditor shall send a notice to the person who owned the affected property at the time the
homestead application related to the improper homestead was filed, demanding reimbursement of the homestead benefits
plus a penalty equal to 100 percent of the homestead benefits. The person notified may appeal the county's determination
by serving copies of a petition for review with county officials as provided in section 278.01 and filing proof of service as
provided in section 278.01 with the Minnesota tax court within 60 days of the date of the notice from the county.
Procedurally, the appeal is governed by the provisions in chapter 271 which apply to the appeal of a property tax assessment
or levy, but without requiring any prepayment of the amount in controversy. If the amount of homestead benefits and penalty
is not paid within 60 days, and if no appeal has been filed, the county auditor shall certify the amount of taxes and penalty
to the county treasurer. The county treasurer will add interest to the unpaid homestead benefits and penalty amounts at the
rate provided
If the person notified is the current owner of the property, the treasurer may add the total amount of
benefits, penalty, interest, and costs to the
If the person notified is not the current owner of the property, the treasurer may collect the amounts
due under the revenue recapture act in chapter 270A, or use any of the powers granted in sections 277.20 and 277.21 without
exclusion, to enforce payment of the benefits, penalty, interest, and costs, as if those amounts were delinquent tax obligations
of the person who owned the property at the time the application related to the improperly allowed homestead was filed.
The treasurer may relieve a prior owner of personal liability for the benefits, penalty, interest, and costs, and instead extend
those amounts on the tax lists against the property
(i) Any amount of homestead benefits recovered by the county from the property owner shall be
distributed to the county, city or town, and school district where the property is located in the same proportion that each
taxing district's levy was to the total of the three taxing districts' levy for the current year. Any amount recovered attributable
to taconite homestead credit shall be transmitted to the St. Louis county auditor to be deposited in the taconite property tax
relief account. Any amount recovered that is attributable to supplemental homestead credit is to be transmitted to the
commissioner of revenue for deposit in the general fund of the state treasury. The total amount of penalty collected must be
deposited in the county general fund.
(j) If a property owner has applied for more than one homestead and the county assessors cannot
determine which property should be classified as homestead, the county assessors will refer the information to the
commissioner. The commissioner shall make the determination and notify the counties within 60 days.
(k) In addition to lists of homestead properties, the commissioner may ask the counties to furnish lists
of all properties and the record owners."
Page 56, delete section 12
Page 68, delete line 24 and insert "Sections 1, 2, 4 to 7, 9 to 15, and 18 to 20 are"
Page 68, line 25, delete everything after the period
Page 68, line 26, delete everything before "Sections" and delete "6 and 10" and
insert "3 and 8"
Page 68, line 28, delete "19 and 20" and insert "16 and 17"
Renumber the sections in sequence
Amend the title as follows:
Page 1, lines 4 and 5, delete "13.51, subdivision 3;"
Page 1, lines 7 and 8, delete "272.16, by adding a subdivision; 272.161;"
Page 1, line 9, delete the first "subdivision 1" and insert "subdivisions 1 and 13"
Page 1, line 10, delete "subdivisions 3 and 6" and insert "subdivision 3"
Page 1, line 16, after "1," insert "2,"
Page 1, line 32, delete "; repealing Minnesota"
Page 1, line 33, delete everything before the period
With the recommendation that when so amended the bill pass.
The report was adopted.
Jaros from the Committee on Economic Development and International Trade to which was referred:
H. F. No. 343, A bill for an act relating to housing; providing temporary authority for certain loans.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [HOME IMPROVEMENT LOANS TO PREVENT WEATHER DAMAGE.]
Notwithstanding any rule to the contrary, the Minnesota housing finance agency may make home
improvement loans that do not result in a permanent general improvement to the property provided such loans are for the
purpose of preventing damage to the property from severe weather conditions that cause a failure of plumbing, heating, or
electrical systems, or that cause a defect in the roof or foundation.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is in effect the day following its final enactment and is effective until July 1, 1997."
With the recommendation that when so amended the bill pass and be placed on the Consent
Calendar.
The report was adopted.
Munger from the Committee on Environment and Natural Resources to which was referred:
H. F. No. 406, A bill for an act relating to snowmobiles; modifying registration fees; requiring liability
insurance; providing criminal penalties; requiring safety education; amending Minnesota Statutes 1996, section 84.82,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 84.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 84.82, subdivision 3, is amended to read:
Subd. 3. [FEES FOR REGISTRATION.] (a) The fee for registration of each snowmobile, other than
those used for an agricultural purpose, as defined in section 84.92, subdivision 1c, or those registered by a dealer or
manufacturer pursuant to clause (b) or (c) shall be as follows: $30 for three years for a snowmobile with an engine
displacement of 335 cubic centimeters or less; $60 for a snowmobile with an engine displacement over 335 cubic
centimeters; and $4 for a duplicate or transfer.
(b) The total registration fee for all snowmobiles owned by a dealer and operated for demonstration
or testing purposes shall be $50 per year.
(c) The total registration fee for all snowmobiles owned by a manufacturer and operated for research,
testing, experimentation, or demonstration purposes shall be $150 per year. Dealer and manufacturer registrations are
not transferable.
Sec. 2. Minnesota Statutes 1996, section 84.86, subdivision 1, is amended to read:
Subdivision 1. With a view of achieving maximum use of snowmobiles consistent with protection
of the environment the commissioner of natural resources shall adopt rules in the manner provided by chapter 14, for the
following purposes:
(1) Registration of snowmobiles and display of registration numbers.
(2) Use of snowmobiles insofar as game and fish resources are affected.
(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.
(4) Uniform signs to be used by the state, counties, and cities, which are necessary or desirable to
control, direct, or regulate the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety education and training program, including
but not limited to the preparation and dissemination of snowmobile information and safety advice to the public, the training
of snowmobile operators, and the issuance of snowmobile safety certificates to snowmobile operators who successfully
complete the
snowmobile safety education and training course. For the purpose of administering such program and to defray a portion
of the expenses of training and certifying snowmobile operators, the commissioner shall collect a fee of not to exceed $5 from
each person who receives the training and shall deposit the fee in the snowmobile trails and enforcement account and the
amount thereof is appropriated annually to the commissioner of natural resources for the administration of such programs.
The commissioner shall cooperate with private organizations and associations, private and public corporations, and local
governmental units in furtherance of the program established under this clause. The commissioner shall consult with the
commissioner of public safety in regard to training program subject matter and performance testing that leads to the
certification of snowmobile operators.
(7) The operator of any snowmobile involved in an accident resulting in injury requiring medical
attention or hospitalization to or death of any person or total damage to an extent of $500 or more, shall forward a written
report of the accident to the commissioner on such form as the commissioner shall prescribe. If the operator is killed or is
unable to file a report due to incapacitation, any peace officer investigating the accident shall file the accident report within
ten business days.
(8) Safety standards on state and grant-in-aid trails, in conjunction with snowmobile clubs and
local units of government.
Sec. 3. [84.861] [LIABILITY INSURANCE REQUIRED.]
Subdivision 1. [REQUIREMENT.] An owner of a snowmobile must obtain and
maintain liability insurance that meets the requirements of this section. The liability insurance may be a separate snowmobile
policy or a rider to another type of policy. For purposes of this section, "policy" means coverage provided in either form.
Subd. 2. [REQUIRED PROVISIONS.] A snowmobile liability insurance policy
required under subdivision 1 shall, at a minimum:
(1) state the name and address of the named insured, the name and address of the insurer, the
policy number, the coverage provided by the policy, the premium charged, the term, the limits of liability, the snowmobile
maker's permanent identification number if the snowmobile has one, and the snowmobile's registration number;
(2) state that the coverage meets at least the minimum requirements of this section;
(3) have stated limits of liability, exclusive of interest and costs, with respect to each snowmobile
that the policy covers, of not less than $30,000 for bodily injury to one person in any one accident and, subject to that limit
for one person, of not less than $60,000 for bodily injury to two or more persons in any one accident; and
(4) obligate the insurer to pay, on behalf of the insured or anyone else using the snowmobile with
the owner's permission, amounts that the insured or other user is legally obligated to pay as damages for bodily injury arising
out of the ownership, maintenance, or use of a snowmobile if the injury occurs within the United States or Canada.
Subd. 3. [PROOF OF INSURANCE REQUIRED.] (a) A snowmobile registration or
title transfer shall not be granted unless the owner displays proof of insurance under this section at the time of
application.
(b) A snowmobile user shall have proof of insurance in possession at all times while using the
snowmobile and shall display it on demand of a conservation officer of the department of natural resources or other peace
officer as defined in section 626.84.
Subd. 4. [SEASONAL COVERAGE PERMITTED.] This section does not require
liability coverage to be in effect for the period between April 15 to October 15.
Subd. 5. [NONCONFORMING COVERAGE PROHIBITED.] No policy covering
a snowmobile, including a policy providing only property insurance, shall be issued or renewed to cover any period between
October 15 and April 15 unless the policy provides liability insurance as required under this section.
Subd. 6. [ENFORCEMENT.] This section shall be interpreted and enforced in the same
manner as the mandatory automobile and motorcycle liability insurance requirement to the maximum extent appropriate.
Subd. 7. [PENALTIES.] (a) Violation of subdivision 1 or of subdivision 3, paragraph
(b), is a misdemeanor.
(b) Upon conviction for a violation referred to in paragraph (a), the owner's registration shall be
revoked and the owner is ineligible to reregister any snowmobile for the next 60 days that fall between October 15 and April
15.
Sec. 4. [84.862] [SNOWMOBILE SAFETY CERTIFICATE REQUIRED.]
After June 1, 1997, an operator of a snowmobile must complete, or have completed before that
date, the safety education and training program established by rule under section 84.86 and must have in possession a
snowmobile safety certificate issued by the commissioner of natural resources.
Sec. 5. Minnesota Statutes 1996, section 84.87, subdivision 2, is amended to read:
Subd. 2. [OPERATION GENERALLY.] It shall be unlawful for any person to drive or operate any
snowmobile in the following unsafe or harassing ways:
(a) at a rate of speed greater than reasonable or proper under all the surrounding circumstances;
(b) at a rate of speed higher than 40 miles per hour between the hours of sunset and sunrise;
(c) in a careless, reckless, or negligent manner so as to endanger the person or
property of another or to cause injury or damage thereto;
Sec. 6. Minnesota Statutes 1996, section 84.872, subdivision 1, is amended to read:
Subdivision 1. [RESTRICTIONS ON OPERATION.] Notwithstanding anything in section 84.87
to the contrary, no person under 14 years of age shall make a direct crossing of a trunk, county state-aid, or county highway
as the operator of a snowmobile, or operate a snowmobile upon a street or highway within a municipality. A person 14 years
of age or older, but less than
Sec. 7. Minnesota Statutes 1996, section 84.872, is amended by adding a subdivision to read:
Subd. 1a. [HELMET REQUIRED.] By September 1, 1997, a person 18 years of age
or less may not operate a snowmobile without wearing a protective helmet.
Sec. 8. Minnesota Statutes 1996, section 84.872, subdivision 3, is amended to read:
Subd. 3. [REPORTING CONVICTIONS; SUSPENSIONS.] When the judge of a juvenile court,
or any of its duly authorized agents, shall determine that any person, while less than
Delete the title and insert:
"A bill for an act relating to snowmobiles; modifying registration fees; requiring liability insurance;
modifying rulemaking authority; establishing night speed limit; requiring a safety certificate; modifying youth restrictions;
providing civil and criminal penalties; amending Minnesota Statutes 1996, sections 84.82, subdivision 3; 84.86, subdivision
1; 84.87, subdivision 2; and 84.872, subdivisions 1, 3, and by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 84."
With the recommendation that when so amended the bill pass and be re-referred to the Committee
on Financial Institutions and Insurance.
The report was adopted.
Munger from the Committee on Environment and Natural Resources to which was referred:
H. F. No. 410, A bill for an act relating to natural resources; providing penalties for recreational
motor vehicle operators who attempt to flee a peace officer; providing criminal penalties; amending Minnesota Statutes
1996, sections 84.873; 84.88, subdivision 2; and 84.90, subdivisions 1, 7, and by adding a subdivision.
Reported the same back with the recommendation that the bill pass and be re-referred to the
Committee on Judiciary.
The report was adopted.
H. F. Nos. 50, 221, 293 and 343 were read for the second time.
The following House Files were introduced:
Kubly, Jennings, Seifert, Kielkucki and Juhnke introduced:
H. F. No. 689, A bill for an act relating to taxation; providing an exemption from sales and use taxes
for construction materials for an alfalfa processing facility; proposing coding for new law in Minnesota Statutes, chapter
297A.
The bill was read for the first time and referred to the Committee on Agriculture.
Rhodes, Skoglund, Wagenius, Leppik and Schumacher introduced:
H. F. No. 690, A bill for an act relating to motor vehicles; imposing minimum fine on persons who
violate compulsory insurance laws by operating on public streets or highways a motor vehicle registered under an insurance
waiver; amending Minnesota Statutes 1996, section 169.797, subdivision 4.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Wagenius and Skoglund introduced:
H. F. No. 691, A bill for an act relating to motor vehicles; authorizing sale by local units of
government of impounded junk vehicles that are less than three years old; amending Minnesota Statutes 1996, section
168B.051, subdivision 1.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Tingelstad, Workman, Delmont and Weaver introduced:
H. F. No. 692, A bill for an act relating to the city of Andover; appropriating funds for cleanup of
contaminated land.
The bill was read for the first time and referred to the Committee on Economic Development and
International Trade.
Bakk, Solberg, Munger, Finseth and Osthoff introduced:
H. F. No. 693, A bill for an act relating to natural resources; appropriating money to restore and
regenerate white pine forests.
The bill was read for the first time and referred to the Committee on Environment and Natural
Resources.
Koppendrayer, Krinkie, Jennings and Rukavina introduced:
H. F. No. 694, A bill for an act relating to employment; making technical and administrative changes
in the department of employee relations; modifying provisions governing state employment; amending Minnesota Statutes
1996, sections 13.67; 15.059, subdivision 5; 15.53, subdivision 2; 43A.04, subdivision 1; 43A.07, subdivision 5; 43A.08,
subdivision 1; 43A.15, subdivision 3; 43A.27, subdivision 3; 43A.30, subdivisions 4 and 5; and 43A.38, subdivision 6;
Laws 1995, chapter 248, article 13, sections 2, subdivisions 2, 5, and 6; and 3, subdivisions 1 and 2; proposing coding for
new law in Minnesota Statutes, chapters 15; and 43A; repealing Minnesota Statutes 1996, section 43A.182; Laws 1995,
chapter 248, article 10, section 12.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Entenza; Swenson, D.; Pugh; Rhodes and Leighton introduced:
H. F. No. 695, A bill for an act relating to human services; providing changes to child support
enforcement provisions; establishing a data match system for financial institutions; providing civil penalties; amending
Minnesota Statutes 1996, sections 13.46, subdivision 2; 13.99, by adding a subdivision; 144.223; 256.87, subdivisions 1,
1a, 3, 5, and by adding a subdivision; 256.978, subdivisions 1 and 2; 256.979, subdivision 8, and by adding a subdivision;
256.9791, subdivision 1; 256.9792, subdivisions 1 and 2; 256.998, subdivisions 1, 6, 7, and 9; 257.57, subdivision 2;
257.62, subdivisions 1 and 2; 257.66, subdivision 3, and by adding a subdivision; 257.70; 257.75, subdivisions 1a, 2, 3,
4, 5, and 7; 299C.46, subdivision 3; 518.005, by adding a subdivision; 518.10; 518.148, subdivision 2; 518.171,
subdivisions 1 and 4; 518.54, subdivision 6, and by adding a subdivision; 518.551, subdivisions 12 and 13; 518.5511,
subdivisions 1, 2, 3, 4, and by adding a subdivision; 518.5512, subdivisions 2, 3, and by adding subdivisions; 518.611,
subdivisions 2, 3, 4, 5, 6, 10, 12, and by adding subdivisions; 518.616, by adding a subdivision; 518.64, subdivision 2;
518.68, subdivision 2; 518C.101; 518C.204; 518C.205; 518C.207; 518C.301; 518C.304; 518C.305; 518C.310; 518C.401;
518C.501; 518C.603; 518C.605; 518C.608; 518C.611; and 518C.612; proposing coding for new law in Minnesota Statutes,
chapters 256; 518; and 518C; repealing Minnesota Statutes 1996, sections 8.35; 256.74; 256.979, subdivision 9; 518.5511,
subdivisions 5, 6, 7, 8, and 9; 518.611, subdivision 1; 518.613; 518C.502; and 518C.9011.
The bill was read for the first time and referred to the Committee on Judiciary.
Rukavina, Garcia, Delmont and Osskopp introduced:
H. F. No. 696, A bill for an act relating to administration; changing provisions governing the use of
professional and technical services; amending Minnesota Statutes 1996, section 16B.167.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Bettermann, Haas and Sviggum introduced:
H. F. No. 697, A bill for an act relating to state government; clarifying immunity for the state with
respect to certain tort claims; amending Minnesota Statutes 1996, section 3.736, subdivision 1.
The bill was read for the first time and referred to the Committee on Judiciary.
Rukavina and Tomassoni introduced:
H. F. No. 698, A bill for an act relating to St. Louis county; providing for a vote on its possible
division into two counties.
The bill was read for the first time and referred to the Committee on Local Government and
Metropolitan Affairs.
Dawkins, Paymar, Osthoff and Entenza introduced:
H. F. No. 699, A bill for an act relating to the city of St. Paul; reinstating the rental tax equity pilot
project; providing for property tax refunds for participants; appropriating money.
The bill was read for the first time and referred to the Committee on Economic Development and
International Trade.
Delmont; Ozment; Jennings; Olson, E., and Holsten introduced:
H. F. No. 700, A bill for an act relating to lawful gambling; increasing percentages of gross profit
from lawful gambling that may be expended on expenses directly related to lawful gambling; placing restrictions on rules
of the gambling control board relating to illegal gambling on premises where lawful gambling is permitted; removing limits
on number of paddletickets that may be included in a sealed grouping; removing certain restrictions on bingo prizes;
amending Minnesota Statutes 1996, sections 349.15, subdivision 1; 349.151, subdivision 13; 349.163, subdivision 8; and
349.211, subdivisions 1 and 2.
The bill was read for the first time and referred to the Committee on Regulated Industries and
Energy.
Dawkins introduced:
H. F. No. 701, A bill for an act relating to exemptions; conforming employee benefit exemptions to
judicial interpretation; amending Minnesota Statutes 1996, section 550.37, subdivision 24.
The bill was read for the first time and referred to the Committee on Judiciary.
Pugh, Rhodes, Bishop, Skoglund and Kahn introduced:
H. F. No. 702, A bill for an act relating to crime; increasing penalties for committing an assault while
unlawfully releasing an animal; expanding the scope of the stalking and harassment crime to include the unlawful interference
with activities of an entity that sells or provides services for animals or animal products; amending Minnesota Statutes 1996,
sections 609.552; and 609.749, subdivisions 2 and 5.
The bill was read for the first time and referred to the Committee on Judiciary.
Dawkins and McCollum introduced:
H. F. No. 703, A bill for an act relating to elections; precinct caucus; authorizing certain minors to
be elected a delegate or officer at the precinct caucus; amending Minnesota Statutes 1996, section 202A.16, subdivision
1.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans
Affairs and Elections.
Ozment introduced:
H. F. No. 704, A bill for an act relating to utilities; exempting large electric power generating plant
from certificate of need proceeding when selected by public utilities commission from a bidding process to select resources
to meet utility's projected energy demand; amending Minnesota Statutes 1996, section 216B.2422, subdivision 5.
The bill was read for the first time and referred to the Committee on Regulated Industries and
Energy.
Rifenberg, Seifert, Stang, Kraus and Tuma introduced:
H. F. No. 705, A bill for an act proposing an amendment to the Minnesota Constitution; adding a
section to Article IV; requiring a three-fifths vote for increases in taxes on income or sales.
The bill was read for the first time and referred to the Committee on Taxes.
Juhnke, Molnau, Kalis and Peterson introduced:
H. F. No. 706, A bill for an act relating to motor vehicles; allowing quarterly registration of trucks
that transport fertilizer or agricultural chemicals; amending Minnesota Statutes 1996, section 168.018.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Rukavina, Skare, Mares and Juhnke introduced:
H. F. No. 707, A bill for an act relating to the environment; modifying requirements relating to toxics
in products; amending Minnesota Statutes 1996, section 115A.9651.
The bill was read for the first time and referred to the Committee on Environment and Natural
Resources.
Skare; Anderson, I.; Slawik and Luther introduced:
H. F. No. 708, A bill for an act relating to insurance; requiring coverage of mastectomies on an
inpatient basis; proposing coding for new law in Minnesota Statutes, chapter 62Q.
The bill was read for the first time and referred to the Committee on Financial Institutions and
Insurance.
Rest, Macklin, Erhardt and Garcia introduced:
H. F. No. 709, A bill for an act relating to taxation; decreasing the class rate on certain seasonal
recreational residential property; amending Minnesota Statutes 1996, sections 273.13, subdivision 25; and 273.1398,
subdivision 1a.
The bill was read for the first time and referred to the Committee on Taxes.
Kalis, Solberg and Bishop introduced:
H. F. No. 710, A bill for an act relating to finance and appropriations; providing for the payment of
state bonds; appropriating money; amending Minnesota Statutes 1996, section 16A.6701, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Capital Investment.
Munger, Peterson, Wenzel, Sekhon and Westfall introduced:
H. F. No. 711, A bill for an act relating to environment; providing for an annual funding allocation
to soil and water conservation districts; amending Minnesota Statutes 1996, section 103C.401, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Environment and Natural
Resources.
Lieder; Winter; Mares; Olson, E., and Marko introduced:
H. F. No. 712, A bill for an act relating to taxes; increasing the aggregate material production tax;
amending Minnesota Statutes 1996, section 298.75, subdivisions 1, 2, 4, and by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Molnau, Koskinen, Rest and Paulsen introduced:
H. F. No. 713, A bill for an act relating to public administration; modifying ownership restrictions
for privatization of capital intensive public services; providing for the nonpublic status of internal competitive proposals;
amending Minnesota Statutes 1996, sections 13.37; 471A.02, subdivisions 6, 11, and 13; and 471A.03, subdivision 3.
The bill was read for the first time and referred to the Committee on Local Government and
Metropolitan Affairs.
Bakk, Tomassoni and Workman introduced:
H. F. No. 714, A bill for an act relating to the environment; repealing the transfer station grant
program; amending Minnesota Statutes 1996, section 115A.54, subdivision 2a.
The bill was read for the first time and referred to the Committee on Environment and Natural
Resources.
Bakk; Anderson, I.; Finseth and Holsten introduced:
H. F. No. 715, A bill for an act relating to recreational vehicles; requiring a permit to use state
snowmobile trails; proposing coding for new law in Minnesota Statutes, chapter 84.
The bill was read for the first time and referred to the Committee on Environment and Natural
Resources.
Sviggum introduced:
H. F. No. 716, A bill for an act relating to taxation; providing a franchise tax credit for jobs training;
increasing the subtraction for certain educational expenses and providing an education tax credit; providing for higher
education trusts and providing a subtraction for contributions to the trust; abolishing the corporate alternative minimum tax;
abolishing the Minnesota unfair cigarette sales act; exempting fuel used for certain purposes from the motor fuels tax;
providing for the exemption of capital equipment from the sales and use tax; exempting certain sales to hospitals and
veterans homes from the sales and use tax; dedicating tax receipts from ticket sales to athletic events sponsored by the
University of Minnesota; eliminating a local government aids inflation adjustment; appropriating money; amending
Minnesota Statutes 1996, sections 290.01, subdivisions 19a, 19b, and 19c; 290.091, subdivisions 2 and 6; 290.0921,
subdivision 8; 290.21, by adding a subdivision; 296.18, subdivision 1; 297A.01, subdivision 16; 297A.02, subdivision 5;
297A.25, subdivision 11, and by adding a subdivision; 297A.44, subdivision 1; 298.01, subdivision 4e; and 477A.03,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 11A; 136A; and 290; repealing Minnesota
Statutes 1996, sections 290.0921, subdivisions 1, 2, 3, 3a, 4, 5, 6, and 7; 297A.01, subdivision 20; 298.01, subdivisions
3c, 3d, and 4d; 325D.30; 325D.31; 325D.32; 325D.33; 325D.34; 325D.35; 325D.36; 325D.37; 325D.371; 325D.38;
325D.39; 325D.40; 325D.405; 325D.415; and 325D.42; Laws 1995, chapter 264, article 4, as amended.
The bill was read for the first time and referred to the Committee on Education.
Greenfield, Wejcman, Huntley, Vickerman and Tompkins introduced:
H. F. No. 717, A bill for an act relating to human services; changing provisions for nursing facility
reimbursement; amending Laws 1996, chapter 451, article 3, section 1.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Folliard introduced:
H. F. No. 718, A bill for an act relating to natural resources; modifying the provisions of the youth
corps advisory committee; authorizing the commissioner to make certain contracts and grants; amending Minnesota Statutes
1996, section 84.0887, subdivision 4, and by adding a subdivision.
The bill was read for the first time and referred to the Committee on Environment and Natural
Resources.
Rhodes, Skoglund, Wagenius, Leppik and Stanek introduced:
H. F. No. 719, A bill for an act relating to motor vehicles; authorizing suspension of a vehicle's
registration in certain circumstances; requiring a form to be provided in a vehicle's certificate of title and completed under
certain circumstances; amending Minnesota Statutes 1996, sections 168.17; 168A.05, subdivision 5; and 168A.10,
subdivisions 1, 2, and 5.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Westfall and Koppendrayer introduced:
H. F. No. 720, A bill for an act relating to education; permitting independent school district Nos. 24,
Lake Park, and 21, Audubon, to begin the 1997-1998 school year before Labor Day.
The bill was read for the first time and referred to the Committee on Education.
Paulsen, Tunheim and Commers introduced:
H. F. No. 721, A bill for an act relating to alcoholic beverages; allowing municipalities to authorize
on-sale of 3.2 percent malt liquor at 10 a.m. on Sundays; amending Minnesota Statutes 1996, section 340A.504, subdivision
3.
The bill was read for the first time and referred to the Committee on Regulated Industries and
Energy.
Dawkins, Long and Wagenius introduced:
H. F. No. 722, A bill for an act relating to taxation; property tax; allowing improvements made to
certain relocated residences eligible for a valuation exclusion; amending Minnesota Statutes 1996, section 273.11,
subdivision 16.
The bill was read for the first time and referred to the Committee on Taxes.
Marko; Lieder; Anderson, I.; Molnau and Workman introduced:
H. F. No. 723, A bill for an act relating to transportation; creating revolving loan accounts for trunk
highways, county state-aid highways, and municipal state-aid streets; creating transportation revolving loan fund for federally
eligible transportation projects, managed by public facilities authority; adding commissioner of transportation as member
of the
authority; creating transportation committee; providing for rulemaking; appropriating money; amending Minnesota Statutes
1996, sections 161.04, by adding a subdivision; 162.06, by adding a subdivision; 162.07, subdivision 1; 162.12, by adding
a subdivision; 162.13, subdivision 1; 446A.03, subdivision 1; and 446A.04, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapters 162; and 446A.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Molnau; Kelso; Koppendrayer; Johnson, R., and Tuma introduced:
H. F. No. 724, A bill for an act relating to education; appropriating money to establish a computerized
transportation routing system for special education students under the Minnesota river valley special education
cooperative.
The bill was read for the first time and referred to the Committee on Education.
Wagenius, Kinkel, Delmont and Sykora introduced:
H. F. No. 725, A bill for an act relating to education; creating an early childhood technology grant
program; appropriating money.
The bill was read for the first time and referred to the Committee on Education.
Rhodes, Skoglund, Wagenius and Stanek introduced:
H. F. No. 726, A bill for an act relating to motor vehicles; prescribing requirements for temporary
motor vehicle registration certificates; requiring certificates to be mounted where a rear license plate would be mounted;
amending Minnesota Statutes 1996, sections 168.09, subdivision 7; 168.091, subdivisions 1 and 2; and 168.092, subdivision
1.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
McGuire, Rest, Erhardt and Tuma introduced:
H. F. No. 727, A bill for an act relating to adoption; providing for release of birth information to
adopted persons; appropriating money; amending Minnesota Statutes 1996, section 259.89, subdivisions 1, 4, 5, and by
adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 259; repealing Minnesota Statutes 1996,
section 259.89, subdivisions 2 and 3.
The bill was read for the first time and referred to the Committee on Judiciary.
Juhnke, Otremba, Skare, Peterson and Wenzel introduced:
H. F. No. 728, A bill for an act relating to agriculture; exempting farmers from paying tax on gasoline
and special fuel received in on-farm bulk storage tanks, when used for tax-exempt purposes; amending Minnesota Statutes
1996, section 296.141, subdivision 4.
The bill was read for the first time and referred to the Committee on Agriculture.
Finseth, Tunheim, Westfall, Goodno and Olson, E., introduced:
H. F. No. 729, A bill for an act relating to agriculture; appropriating money for wheat and barley scab
research.
The bill was read for the first time and referred to the Committee on Agriculture.
Mulder introduced:
H. F. No. 730, A bill for an act proposing an amendment to the Minnesota Constitution, article I;
providing that the right of citizens to bear arms for certain purposes is fundamental and shall not be abridged.
The bill was read for the first time and referred to the Committee on Judiciary.
Mulder introduced:
H. F. No. 731, A bill for an act proposing an amendment to the Minnesota Constitution; adding a
section to article IV to provide for initiative and referendum; providing procedures for initiative and referendum; providing
penalties; amending Minnesota Statutes 1996, sections 10A.20, by adding a subdivision; 204C.19, subdivision 2; 204C.27;
204C.33; 204D.11, by adding a subdivision; 204D.15; 204D.16; and 204D.165; proposing coding for new law in Minnesota
Statutes, chapter 3B.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans
Affairs and Elections.
Rifenberg and Osskopp introduced:
H. F. No. 732, A bill for an act relating to taxation; providing a property tax deferral for senior
citizens who meet income requirements; appropriating money; amending Minnesota Statutes 1996, sections 270B.12, by
adding a subdivision; 275.065, subdivision 3; and 276.04, subdivision 2; proposing coding for new law as Minnesota
Statutes, chapter 290B.
The bill was read for the first time and referred to the Committee on Taxes.
Swenson, H.; Otremba; Molnau; Juhnke and Wenzel introduced:
H. F. No. 733, A bill for an act relating to agriculture; establishing the dairy development program;
appropriating money; proposing coding for new law in Minnesota Statutes, chapter 17.
The bill was read for the first time and referred to the Committee on Agriculture.
Stanek, Broecker, McGuire and Swenson, D., introduced:
H. F. No. 734, A bill for an act relating to state government; changing the appointment authority for
the executive director of the board of private detective and protective agents; amending Minnesota Statutes 1996, section
326.3321, subdivision 1.
The bill was read for the first time and referred to the Committee on Judiciary.
Entenza and Rhodes introduced:
H. F. No. 735, A bill for an act relating to civil commitment; allowing the designated agency to
consent to voluntary treatment for certain incompetent persons; creating a new standard for court-ordered early intervention
to provide less intrusive treatment; modifying standards and procedures for the administration of neuroleptic medications;
providing for access to records; amending the provisional discharge procedures; amending Minnesota Statutes 1996, sections
13.42, subdivision 3; 253B.02, subdivision 15, and by adding a subdivision; 253B.04; 253B.07, subdivisions 1, 2, and 7;
and 253B.15, subdivisions 1, 1a, 2, 3, 5, and by adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapter 253B; repealing Minnesota Statutes 1996, sections 253B.03, subdivision 6c; and 253B.15, subdivisions 4 and 6.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Orfield, Leighton, Seifert, Goodno and Carlson introduced:
H. F. No. 736, A bill for an act relating to education; stating intent to reduce tuition in public
post-secondary institutions; appropriating money.
The bill was read for the first time and referred to the Committee on Education.
Orfield; Leighton; Mullery; Anderson, I., and Rukavina introduced:
H. F. No. 737, A bill for an act relating to labor; establishing rights and duties in relation to union
organization; providing that certain acts are an unfair labor practice; providing penalties; amending Minnesota Statutes 1996,
sections 179.12; 179A.07, by adding a subdivision; and 179A.13, subdivision 2.
The bill was read for the first time and referred to the Committee on Labor-Management
Relations.
Wagenius, Opatz, Larsen, Rest and Garcia introduced:
H. F. No. 738, A bill for an act relating to the metropolitan council; establishing a moratorium on
extension of the metropolitan urban service area until the legislature approves a 2040 metropolitan area transportation
budget.
The bill was read for the first time and referred to the Committee on Local Government and
Metropolitan Affairs.
Mulder, Rifenberg and Davids introduced:
H. F. No. 739, A bill for an act relating to taxation; income; providing a credit for long-term care
insurance premiums; proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the Committee on Financial Institutions and
Insurance.
Juhnke; Anderson, I.; Davids; Abrams and Tomassoni introduced:
H. F. No. 740, A bill for an act relating to insurance; regulating companies and agents; providing
immunity from suit and indemnification for receivers and their employees; regulating coverages; providing certain notices
and filing requirements; providing for a study; making certain technical changes; amending Minnesota Statutes 1996,
sections 60A.02, by adding a subdivision; 60A.052, subdivision 2, and by adding a subdivision; 60A.06, subdivision 2;
60A.075, subdivisions 1, 8, and 9; 60A.077, subdivisions 1, 2, 3, 5, 7, 8, and 10; 60A.092, subdivision 6; 60A.10,
subdivision 1; 60A.111, subdivision 1; 60A.13, subdivision 1; 60A.19, subdivision 1; 60B.04, by adding a subdivision;
60B.21, subdivision 2; 60B.25; 60B.44, subdivisions 3, 4, and 6; 60D.20, subdivision 2; 60K.02, subdivision 1; 60K.03,
subdivisions 2 and 3; 60K.14, subdivision 4; 60K.19, subdivisions 7 and 8; 61A.28, subdivisions 6, 9a, and 12; 61A.60,
subdivision 1; 61B.19, subdivision 3; 62A.04, subdivision 3; 62A.135, subdivision 5; 62A.50, subdivision 3; 62B.04,
subdivision 2; 65A.01, subdivision 3, and by adding subdivisions; 65A.27, subdivision 4; 65B.48, subdivision 5; 67A.231;
72A.20, subdivision 34; 72B.04, subdivision 10; 79A.01, subdivision 10; 79A.02, subdivisions 1 and 4; 79A.03,
subdivisions 6, 7, 9, and by adding a subdivision; 79A.06, subdivision 5; 79A.20, subdivision 1; 79A.21, subdivision 2;
79A.22, subdivision 7, and by adding a subdivision; 79A.23, subdivisions 1 and 2; 79A.24, subdivisions 1, 2, and 4;
79A.26, subdivision 2; and 79A.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 60B; and
65B; repealing Minnesota Statutes 1996, sections 60B.36; and 79A.04, subdivision 8.
The bill was read for the first time and referred to the Committee on Financial Institutions and
Insurance.
McGuire, Skoglund and Macklin introduced:
H. F. No. 741, A bill for an act relating to information policy; establishing a legislative task force to
make recommendations on information policy issues; appropriating money.
The bill was read for the first time and referred to the Committee on Judiciary.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 1, A bill for an act relating to education; repealing the K-12 education appropriations caps;
appropriating money; amending Minnesota Statutes 1996, sections 124.17, subdivision 1; and 124A.22, subdivision 2;
repealing Laws 1995, First Special Session chapter 3, article 14, section 5, as amended.
The Senate has repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as
amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 13, A bill for an act relating to legislative enactments; providing for the correction of
miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors of a noncontroversial nature;
amending Minnesota Statutes 1996, sections 84.035, subdivision 5; 103G.005, subdivision 14a; 103G.2243; 119A.31,
subdivision 1; 124A.22, subdivision 13; 256B.431, subdivision 25; 256B.501, subdivision 5d; 366.125; 394.235; and
462.353, subdivision 5; and Laws 1996, chapter 408, article 2, section 8.
Patrick E. Flahaven, Secretary of the Senate
Skoglund moved that the House concur in the Senate amendments to H. F. No. 13 and that the bill
be repassed as amended by the Senate. The motion prevailed.
H. F. No. 13, A bill for an act relating to legislative enactments; providing for the correction of
miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors of a noncontroversial nature;
amending Minnesota Statutes 1996, sections 84.035, subdivision 5; 103G.005, subdivision 14a; 103G.2243; 119A.31,
subdivision 1; 124A.22, subdivision 13; 256B.431, subdivision 25; 366.125; 394.235; and 462.353, subdivision 5; and
Laws 1996, chapter 408, article 2, section 8.
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 125 yeas and
1 nay as follows:
Those who voted in the affirmative were:
The
commissioner may grant Corporations or mining companies shall receive an extension of up to seven
months for filing the return of a corporation subject to tax under chapter 290 or a mining company for filing the
return of a mining company subject to tax under chapter 298 if: the corporation or mining company files a tentative return when the regularly required return
is due; (2) the corporation or mining company pays the tax on the basis of the tentative return
and at least 90 percent of the amount of tax, determined without regard to any prepayment of tax, shown
on the tentative return, or the amount of tax paid on or before the regular due date of the return, is at least 90 percent
of the amount shown on the corporation's or mining company's regularly required return; (3) (2) the balance due shown on the regularly required return is paid on or before
the extended due date of the return; and (4) (3) interest on any balance due is paid at the rate specified in section 270.75 from
the regular due date of the return until the tax is paid." for delinquent personal property taxes in section 279.03 for real property taxes becoming
delinquent in the calendar year during which the amount remains unpaid. Interest may be assessed for the period
beginning 60 days after demand for payment was made until payment. real estate ad valorem taxes otherwise payable on the property
in the following year by including the amounts on the property tax statements under section 276.04, subdivision
3. The amounts added under this paragraph to the ad valorem taxes shall include interest accrued through December 31 of
the year preceding the taxes payable year for which the amounts are first added. These amounts, when added to the property
tax statement, become subject to all the laws for the enforcement of real or personal property taxes for that year, and for any
subsequent year. for taxes payable in the following year as provided in this
paragraph to the extent that the current owner agrees in writing. (c) (d) without a lighted head and taillight when required for safety; (d) (e) in any tree nursery or planting in a manner which damages or destroys
growing stock. 18 19 years of age, may make a direct crossing of a trunk, county state-aid,
or county highway only if the person has in immediate possession a valid snowmobile safety certificate issued by the
commissioner or a valid motor vehicle operator's license issued by the commissioner of public safety or the drivers license
authority of another state. No person under the age of 14 years shall operate a snowmobile on any public land, public
easements, or water or grant-in-aid trail unless accompanied by one of the following listed persons on the same or an
accompanying snowmobile, or on a device towed by the same or an accompanying snowmobile: the person's parent, legal
guardian, or other person 18 19 years of age or older. However, a person 12 years of age or older may
operate a snowmobile on public lands, public easements, and waters or a grant-in-aid trail if the person has in immediate
possession a valid snowmobile safety certificate issued by the commissioner. 18 19 years of age, has
violated the provisions of sections 84.81 to 84.88, or any other state or local law or ordinance regulating the operation of
snowmobiles, the judge, or duly authorized agent, shall immediately report this determination to the commissioner and may
recommend the suspension of the person's snowmobile safety certificate. The commissioner is hereby authorized to suspend
the certificate, without a hearing."
MESSAGES FROM THE SENATE
| Abrams | Entenza | Johnson, R. | Mahon | Paulsen | Swenson, H. |
| Anderson, B. | Erhardt | Juhnke | Mares | Pawlenty | Sykora |
| Anderson, I. | Evans | Kahn | Mariani | Paymar | Tingelstad |
Journal of the House - 13th Day - Top of Page 220 | |||||
| Bakk | Farrell | Kalis | Marko | Pelowski | Tomassoni |
| Bettermann | Finseth | Kelso | McCollum | Peterson | Tompkins |
| Biernat | Folliard | Kielkucki | McElroy | Pugh | Trimble |
| Bishop | Garcia | Kinkel | McGuire | Reuter | Tuma |
| Boudreau | Goodno | Knoblach | Molnau | Rhodes | Tunheim |
| Bradley | Greenfield | Koppendrayer | Mulder | Rifenberg | Van Dellen |
| Broecker | Greiling | Koskinen | Mullery | Rostberg | Vickerman |
| Carlson | Gunther | Kraus | Munger | Rukavina | Wagenius |
| Chaudhary | Haas | Krinkie | Murphy | Schumacher | Weaver |
| Clark | Harder | Kubly | Ness | Seagren | Wejcman |
| Commers | Hasskamp | Kuisle | Nornes | Seifert | Wenzel |
| Daggett | Hausman | Larsen | Olson, E. | Sekhon | Westfall |
| Davids | Hilty | Leighton | Olson, M. | Skare | Westrom |
| Dawkins | Huntley | Leppik | Opatz | Skoglund | Winter |
| Dehler | Jaros | Lieder | Osskopp | Stanek | Wolf |
| Delmont | Jefferson | Lindner | Osthoff | Stang | Workman |
| Dempsey | Jennings | Long | Otremba | Sviggum | Spk. Carruthers |
| Dorn | Johnson, A. | Macklin | Ozment | Swenson, D. | |
Those who voted in the negative were:
Knight
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 164, 45, 72, 35 and 264.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 164, A bill for an act relating to agriculture; conforming certain food rules with federal regulations; eliminating a requirement concerning llamas; regulating raising of bison; amending Minnesota Statutes 1996, sections 31.101; 31.102, subdivision 1; 31.103, subdivision 1; and 31.104; proposing coding for new law in Minnesota Statutes, chapter 17; repealing Minnesota Statutes 1996, section 17.456, subdivision 4.
The bill was read for the first time and referred to the Committee on Agriculture.
S. F. No. 45, A bill for an act relating to ethics in government; clarifying and simplifying the law related to lobbyist registration, conflicts of interest, and campaign finance; eliminating invalid provisions; amending Minnesota Statutes 1996, sections 10A.01; 10A.02; 10A.03; 10A.04; 10A.05; 10A.065, subdivisions 1 and 3; 10A.08; 10A.09; 10A.10; 10A.11; 10A.12; 10A.13; 10A.14; 10A.15; 10A.17; 10A.18; 10A.19; 10A.20; 10A.21, subdivision 3; 10A.22; 10A.23; 10A.24; 10A.241; 10A.25; 10A.255, subdivision 1; 10A.265; 10A.27; 10A.275, subdivision 1; 10A.28; 10A.29; 10A.30, subdivision 1; 10A.31; 10A.315; 10A.321; 10A.322; 10A.323; 10A.324, subdivisions 1 and 3; 10A.34; and 290.06, subdivision 23; Laws 1996, chapter 419, section 10; repealing Minnesota Statutes 1996, sections 10A.065, subdivision 5; 10A.255, subdivision 2; 10A.275, subdivisions 2 and 3; 10A.324, subdivisions 2 and 4; 10A.325; 10A.335; 10A.40; 10A.41; 10A.42; 10A.43; 10A.44; 10A.45; 10A.46; 10A.47; 10A.48; 10A.49; 10A.50; and 10A.51.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans
Affairs and Elections.
S. F. No. 72, A bill for an act relating to elections; changing and clarifying provisions of the
Minnesota election law; amending Minnesota Statutes 1996, sections 200.031; 201.061, subdivision 1; 201.071, subdivision
1; 201.081; 201.12, subdivision 2; 201.121, subdivision 1; 201.13, subdivisions 1 and 2; 201.15; 201.171; 203B.01, by
adding a subdivision; 203B.03, subdivision 1; 203B.04, subdivision 1; 203B.06, subdivision 3; 203B.08, subdivision 1;
203B.11, subdivision 1, and by adding a subdivision; 203B.12, subdivision 2, and by adding a subdivision; 203B.13,
subdivisions 1 and 2; 203B.16, by adding a subdivision; 203B.19; 204B.06, by adding a subdivision; 204B.146; 204B.15;
204B.16, subdivisions 1a and 3; 204B.22, subdivision 1; 204B.23; 204B.27, by adding a subdivision; 204B.31; 204B.36,
subdivision 2; 204C.08, by adding a subdivision; 204C.15, subdivision 1; 204C.31, subdivision 2; 204C.32; 204C.33,
subdivision 1; 205.10, subdivision 3; 205.13, subdivision 1; 205.17, by adding a subdivision; 205A.05, subdivision 1;
205A.08, by adding a subdivision; 206.55; 206.56, subdivisions 1, 3, 5, 8, and 9; 206.57; 206.58; 206.59; 206.61,
subdivisions 1, 3, and 5; 206.62; 206.64, subdivision 1; 206.66; 206.80; 206.81; 206.83; 206.84, subdivisions 3, 6, and 7;
206.86, subdivisions 1 and 2; 206.90, subdivisions 4 and 6; 207A.03, subdivision 2; 211B.14; 367.03, subdivision 1;
367.25, subdivision 1; 387.01; 388.01; and 626.846, subdivision 6; proposing coding for new law in Minnesota Statutes,
chapters 201; 203B; and 204B; repealing Minnesota Statutes 1996, sections 204D.15, subdivision 2; 206.065; 206.56,
subdivisions 4, 6, 10, 11, 12, 13, and 15; 206.60; 206.61, subdivisions 2, 6, 7, and 8; 206.63; 206.64, subdivision 2; 206.68;
206.685; 206.69; 206.70; 206.71; 206.72; 206.73; 206.74; 206.75; 206.76; 206.77; 206.84, subdivisions 2, 4, and 5; and
211B.11, subdivision 2.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans
Affairs and Elections.
S. F. No. 35, A bill for an act relating to elections; permitting the election of soil and water
conservation district supervisors from single-member districts in the counties of Ramsey and Washington; amending
Minnesota Statutes 1996, section 103C.311.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans
Affairs and Elections.
S. F. No. 264, A bill for an act relating to housing; providing temporary authority for certain loans.
The bill was read for the first time.
Kubly moved that S. F. No. 264 and H. F. No. 343, now on the Technical Consent Calendar, be
referred to the Chief Clerk for comparison. The motion prevailed.
Lieder moved that the name of Swenson, H., be added as an author on H. F. No. 19. The motion
prevailed.
Marko moved that the name of Lieder be added as an author on H. F. No. 337. The motion
prevailed.
Folliard moved that the name of Greiling be stricken and the name of Abrams be added as an author
on H. F. No. 345. The motion prevailed.
Sykora moved that the name of Paulsen be added as an author on H. F. No. 357. The motion
prevailed.
Holsten moved that the names of Tingelstad and Finseth be stricken as authors on H. F. No. 366.
The motion prevailed.
Kahn moved that the name of Farrell be stricken as an author on H. F. No. 384. The motion
prevailed.
Abrams moved that the name of Greiling be added as an author on H. F. No. 404. The motion
prevailed.
Skoglund moved that the name of Sekhon be added as an author on H. F. No. 410. The motion
prevailed.
Mulder moved that the name of Swenson, H., be added as an author on H. F. No. 549. The motion
prevailed.
Murphy moved that the name of Ness be added as an author on H. F. No. 633. The motion
prevailed.
Abrams moved that the name of Ness be added as an author on H. F. No. 638. The motion
prevailed.
Skoglund moved that the names of Winter, Sekhon and Koskinen be added as authors on
H. F. No. 644. The motion prevailed.
Van Dellen moved that the name of Leppik be added as an author on H. F. No. 654. The motion
prevailed.
Paymar moved that the names of Koskinen and Trimble be added as authors on H. F. No. 686. The
motion prevailed.
Juhnke moved that the name of Wenzel be stricken and the name of Kubly be added as an author on
H. F. No. 728. The motion prevailed.
Osskopp moved that H. F. No. 590 be returned to its author. The motion prevailed.
Germaneness
I will be adopting a strict interpretation of our rule on germaneness. You should not assume an
amendment to be germane if it merely relates in some small way to the same general subject of a bill. That is not a true test
of germaneness.
When a point of order is raised, I will evaluate the germaneness of the amendment based on three
questions. The primary question is:
1) Does the amendment substantially change or expand the scope or purpose of the bill?
Two additional (though less important) considerations will be:
2) Does the amendment introduce an independent issue to the bill?
3) Would the amendment require a substantial change in the bill title?
My strict interpretation of the germaneness rule is based on my strong desire to encourage public
participation in the legislative process. A non-germane amendment would introduce to a bill a new topic which did not
receive full and careful public input and testimony in the legislative process. That would violate the spirit of House Rule
6.13, as well as our strong custom within the House of inviting testimony from the public on proposed legislation.
Members who believe in a more liberal interpretation of germaneness often quote Section 402,
paragraph 3 of Mason's Manual, which says in part:
"To be germane, the amendment is required only to relate to the same subject. It may entirely change the
effect of the motion or measure and still be germane."
I disagree with this approach to germaneness. You should also note that paragraph 3 is inconsistent
with the previous paragraph in Section 402 as well as substantial custom and usage in the Minnesota House of
Representatives.
Legislation should be crafted through a process which encourages input from the public. Since public
testimony is not
allowed on the floor, a strict germaneness rule is justified. Most of the work of amending and debating legislation should
be done in committees.
When a point of order is raised on germaneness, the member proposing the amendment will receive
ample opportunity to provide advice to the Speaker. The burden of proof is on those advocating the germaneness of an
amendment.
I look forward to our work over the next several months.
Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, February 17,
1997. The motion prevailed.
Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House
stands adjourned until 2:30 p.m., Monday, February 17, 1997.
Edward A. Burdick, Chief Clerk, House of Representatives