Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8097

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

EIGHTY-EIGHTH DAY

Saint Paul, Minnesota, Tuesday, March 10, 1998

 

The House of Representatives convened at 9:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Reverend Larry Peterson, Administrator, Maranatha Care Center, Brooklyn Center, Minnesota.

The roll was called and the following members were present:

Abrams Entenza Johnson, A. Mahon Paulsen Stang
Anderson, B. Erhardt Johnson, R. Mares Pawlenty Sviggum
Anderson, I. Erickson Juhnke Mariani Paymar Swenson, H.
Bakk Evans Kahn Marko Pelowski Sykora
Bettermann Farrell Kalis McCollum Peterson Tingelstad
Biernat Finseth Kelso McGuire Pugh Tomassoni
Bishop Folliard Kielkucki Milbert Rest Tompkins
Boudreau Garcia Kinkel Molnau Reuter Trimble
Bradley Goodno Knight Mulder Rhodes Tuma
Broecker Greenfield Knoblach Mullery Rifenberg Tunheim
Carlson Greiling Koskinen Munger Rostberg Van Dellen
Chaudhary Gunther Kraus Murphy Rukavina Vandeveer
Clark, J. Haas Krinkie Ness Schumacher Wagenius
Clark, K. Harder Kubly Nornes Seagren Weaver
Commers Hasskamp Kuisle Olson, E. Seifert Wejcman
Daggett Hausman Larsen Olson, M. Sekhon Wenzel
Davids Hilty Leighton Opatz Skare Westfall
Dawkins Holsten Leppik Orfield Skoglund Westrom
Dehler Huntley Lieder Osskopp Slawik Winter
Delmont Jaros Lindner Osthoff Smith Wolf
Dempsey Jefferson Long Otremba, M. Solberg Workman
Dorn Jennings Macklin Ozment Stanek Spk. Carruthers

A quorum was present.

Luther and McElroy were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Slawik 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 - 88th Day - Tuesday, March 10, 1998 - Top of Page 8098

REPORTS OF CHIEF CLERK

S. F. No. 1378 and H. F. No. 1626, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

McGuire moved that the rules be so far suspended that S. F. No. 1378 be substituted for H. F. No. 1626 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1654 and H. F. No. 1882, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Murphy moved that S. F. No. 1654 be substituted for H. F. No. 1882 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1814 and H. F. No. 1116, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Sekhon moved that the rules be so far suspended that S. F. No. 1814 be substituted for H. F. No. 1116 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2068 and H. F. No. 2706, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Kahn moved that the rules be so far suspended that S. F. No. 2068 be substituted for H. F. No. 2706 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2207 and H. F. No. 2401, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Huntley moved that the rules be so far suspended that S. F. No. 2207 be substituted for H. F. No. 2401 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2256 and H. F. No. 2486, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Greiling moved that the rules be so far suspended that S. F. No. 2256 be substituted for H. F. No. 2486 and that the House File be indefinitely postponed. The motion prevailed.


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S. F. No. 2269 and H. F. No. 2686, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Munger moved that the rules be so far suspended that S. F. No. 2269 be substituted for H. F. No. 2686 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2274 and H. F. No. 2695, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Tunheim moved that the rules be so far suspended that S. F. No. 2274 be substituted for H. F. No. 2695 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2316 and H. F. No. 2665, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Juhnke moved that S. F. No. 2316 be substituted for H. F. No. 2665 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2346 and H. F. No. 2357, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Wejcman moved that the rules be so far suspended that S. F. No. 2346 be substituted for H. F. No. 2357 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2372 and H. F. No. 2681, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Slawik moved that S. F. No. 2372 be substituted for H. F. No. 2681 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2378 and H. F. No. 2641, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Rest moved that the rules be so far suspended that S. F. No. 2378 be substituted for H. F. No. 2641 and that the House File be indefinitely postponed. The motion prevailed.


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S. F. No. 2445 and H. F. No. 3324, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Ozment moved that the rules be so far suspended that S. F. No. 2445 be substituted for H. F. No. 3324 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2447 and H. F. No. 2786, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Wejcman moved that the rules be so far suspended that S. F. No. 2447 be substituted for H. F. No. 2786 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2489 and H. F. No. 2757, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Entenza moved that the rules be so far suspended that S. F. No. 2489 be substituted for H. F. No. 2757 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2493 and H. F. No. 3389, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

McGuire moved that the rules be so far suspended that S. F. No. 2493 be substituted for H. F. No. 3389 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2498 and H. F. No. 2734, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Bishop moved that the rules be so far suspended that S. F. No. 2498 be substituted for H. F. No. 2734 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2581 and H. F. No. 2508, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Bishop moved that S. F. No. 2581 be substituted for H. F. No. 2508 and that the House File be indefinitely postponed. The motion prevailed.


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S. F. No. 2595 and H. F. No. 3051, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Biernat moved that the rules be so far suspended that S. F. No. 2595 be substituted for H. F. No. 3051 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2725 and H. F. No. 3254, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Kahn moved that S. F. No. 2725 be substituted for H. F. No. 3254 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2730 and H. F. No. 2947, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Hilty moved that the rules be so far suspended that S. F. No. 2730 be substituted for H. F. No. 2947 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2751 and H. F. No. 3459, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Greiling moved that the rules be so far suspended that S. F. No. 2751 be substituted for H. F. No. 3459 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2861 and H. F. No. 3138, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Evans moved that the rules be so far suspended that S. F. No. 2861 be substituted for H. F. No. 3138 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2879 and H. F. No. 3194, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Wenzel moved that the rules be so far suspended that S. F. No. 2879 be substituted for H. F. No. 3194 and that the House File be indefinitely postponed. The motion prevailed.


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S. F. No. 2945 and H. F. No. 3442, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Wenzel moved that S. F. No. 2945 be substituted for H. F. No. 3442 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3016 and H. F. No. 3524, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Bakk moved that the rules be so far suspended that S. F. No. 3016 be substituted for H. F. No. 3524 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3032 and H. F. No. 3355, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Rest moved that the rules be so far suspended that S. F. No. 3032 be substituted for H. F. No. 3355 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3036 and H. F. No. 2507, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Macklin moved that S. F. No. 3036 be substituted for H. F. No. 2507 and that the House File be indefinitely postponed. The motion prevailed.

CALL OF THE HOUSE

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

Abrams Entenza Johnson, A. Mahon Pawlenty Sviggum
Anderson, B. Erhardt Johnson, R. Mares Paymar Swenson, H.
Anderson, I. Erickson Juhnke Mariani Pelowski Sykora
Bakk Evans Kahn Marko Peterson Tingelstad
Bettermann Farrell Kalis McCollum Pugh Tompkins
Biernat Finseth Kelso McGuire Rest Trimble
Bishop Folliard Kielkucki Milbert Reuter Tuma
Boudreau Garcia Kinkel Molnau Rhodes Tunheim
Bradley Goodno Knight Mulder Rifenberg Van Dellen
Broecker Greenfield Knoblach Mullery Rostberg Vandeveer
Carlson Greiling Koskinen Munger Rukavina Wagenius
Chaudhary Gunther Kraus Murphy Schumacher Weaver
Clark, J. Haas Krinkie Ness Seagren Wenzel
Clark, K. Harder Kubly Nornes Seifert Westfall
Commers Hasskamp Kuisle Olson, E. Sekhon Westrom
Daggett Hausman Larsen Opatz Skare Winter
Davids Hilty Leighton Orfield Skoglund Wolf
Dawkins Holsten Leppik Osskopp Slawik Spk. Carruthers
Dehler Huntley Lieder Osthoff Smith
Delmont Jaros Lindner Otremba, M. Solberg
Dempsey Jefferson Long Ozment Stanek
Dorn Jennings Macklin Paulsen Stang

Winter 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.


Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8103

REPORTS OF STANDING COMMITTEES

Solberg for the Committee on Ways and Means to which was referred:

H. F. No. 3840, A bill for an act relating to the financing and operation of government in this state; providing property tax rebates; providing property tax reform; making changes to property tax rates, levies, notices, hearings, assessments, exemptions, aids, and credits; providing bonding and levy authority, and other powers to certain political subdivisions; making changes to income, sales, excise, mortgage registry and deed, premiums, and solid waste tax provisions; authorizing the imposition of certain local sales, use, excise, and lodging taxes; modifying provisions relating to the budget reserve and other accounts; making changes to tax increment financing, regional development, housing, and economic development provisions; providing for the taxation of taconite and the distribution of taconite taxes; modifying provisions relating to the taxation and operation of gaming; making miscellaneous changes to state and local tax and administrative provisions; providing for calculation of rent constituting property taxes; changing the senior citizens' property tax deferral program; changing certain fiscal note requirements; establishing a tax study commission; providing for a land transfer; appropriating money; amending Minnesota Statutes 1996, sections 124.95, subdivisions 3, 4, and 5; 240.15, subdivision 1; 272.02, by adding a subdivision; 273.111, subdivision 9; 273.112, subdivision 7; 273.13, by adding subdivisions; 273.135, subdivision 2; 273.1391, subdivision 2; 273.1398, subdivision 2; 275.07, by adding a subdivision; 289A.08, subdivision 13; 290.06, subdivision 2c; 290.067, subdivisions 2 and 2a; 290.091, subdivision 2; 290.0921, subdivision 3a; 290.10; 290.21, subdivision 3; 290A.03, subdivision 3; 297A.01, subdivision 8; 297A.02, subdivisions 2 and 4; 297A.135, subdivision 4; 297A.25, by adding subdivisions; 297E.02, subdivisions 1, 4, and 6; 298.225, subdivision 1; 298.28, subdivisions 4, 6, 9, 10, and 11; 360.653; 462.396, subdivision 2; 469.091, subdivision 1; 469.101, subdivision 1; 469.169, by adding a subdivision; 469.174, by adding a subdivision; 469.175, subdivisions 5, 6, 6a, and by adding a subdivision; 469.176, subdivision 7; 469.177, by adding a subdivision; 469.1771, subdivision 5, and by adding a subdivision; 473.3915, subdivisions 2 and 3; 475.58, subdivision 1; 477A.0122, subdivision 6; 477A.03, subdivision 2; 477A.14; Minnesota Statutes 1997 Supplement, sections 3.986, subdivisions 2 and 4; 3.987, subdivisions 1 and 2; 3.988, subdivision 3; 3.989, subdivisions 1 and 2; 16A.152, subdivision 2; 16A.1521; 124.239, subdivisions 5a and 5b; 124.918, subdivision 8; 124.961; 270.67, subdivision 2; 272.02, subdivision 1; 272.115, subdivisions 4 and 5; 273.124, subdivision 14; 273.127, subdivision 3; 273.13, subdivisions 22, 23, 24, 25, as amended, and 31; 273.1382, subdivisions 1 and 3; 275.065, subdivisions 3 and 6; 275.70, subdivision 5, and by adding a subdivision; 275.71, subdivisions 2, 3, and 4; 287.08; 289A.02, subdivision 7; 289A.11, subdivision 1; 289A.19, subdivision 2; 290.01, subdivisions 19, 19a, 19b, 19c, 19f, and 31; 290.0671, subdivision 1; 290.0673, subdivision 2; 290.091, subdivision 6; 290.371, subdivision 2; 290A.03, subdivisions 11, 13, and 15; 290B.03, subdivision 1; 290B.04, subdivisions 1, 3, and by adding subdivisions; 290B.05, subdivisions 1, 2, and 4; 290B.06; 290B.07; 290B.08, subdivision 2; 290B.09, subdivision 1; 291.005, subdivision 1; 297A.01, subdivisions 4 and 16; 297A.14, subdivision 4; 297A.25, subdivisions 3, 9, and 11; 297A.256, subdivision 1; 297A.48, by adding a subdivision; 297B.03; 297G.01, by adding a subdivision; 297G.03, subdivision 1; 297H.04, by adding a subdivision; 462A.071, subdivisions 2, 4, and 8; and 477A.011, subdivision 36; Laws 1971, chapter 773, sections 1, as amended, and 2, as amended; Laws 1984, chapter 380, sections 1, as amended, and 2; Laws 1992, chapter 511, articles 2, section 52, as amended; and 8, section 33, subdivision 5; Laws 1994, chapter 587, article 11, by adding a section; Laws 1995, chapter 255, article 3, section 2, subdivisions 1, as amended, and 4, as amended; Laws 1997, chapter 231, articles 1, section 16, as amended; 2, sections 63, subdivision 1, and 68, subdivision 3; 5, section 20; 7, section 47; and 13, section 19; and Laws 1997, Second Special Session chapter 2, section 33; proposing coding for new law in Minnesota Statutes, chapters 16A; 273; 290; and 365A; repealing Minnesota Statutes 1996, sections 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; 124A.73; 289A.50, subdivision 6; and 365A.09; Minnesota Statutes 1997 Supplement, sections 3.987, subdivision 3; 14.431; 124A.711, subdivision 2; and 273.13, subdivision 32; Laws 1992, chapter 499, article 7, section 31.

Reported the same back with the following amendments:

Page 4, line 9, delete the colon

Page 4, line 10, delete "(1)"

Page 4, line 12, delete the semicolon and insert a period


Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8104

Page 4, delete lines 13 to 26

Page 10, line 27, delete "$40,190,000" and insert "$39,190,000"

Page 33, line 33, delete "years 2000 and 2001 are" and insert "year 2000 is"

Page 34, lines 27 to 34, delete the new language

Page 44, delete section 2

Page 54, line 33, delete everything after "section"

Page 54, line 34, delete "year,"

Page 54, line 36, after the period, insert "The maximum amount of the appropriation is limited to $1,700,000 for fiscal year 2000 and $1,500,000 per year for fiscal years 2001 and 2002. In addition, the amount of the appropriation under Laws 1997, Second Special Session chapter 2, section 9, that the commissioner determines will not be spent for the programs under that section is available to pay the aid amounts under this section."

Page 67, after line 12, insert:

"(c) The levy limit base for a local governmental unit for taxes levied in 1999 is limited to its adjusted levy limit base in the previous year, subject to adjustments under section 275.72."

Page 67, line 16, after "1998" insert "and 1999"

Page 68, line 2, strike "1997 and" and after "1998" insert "and 1999"

Page 84, after line 34, insert:

"Sec. 34. Laws 1997, chapter 231, article 3, section 9, is amended to read:

Sec. 9. [EFFECTIVE DATE.]

Sections 1 to 7 are effective for taxes levied in 1997 and, 1998, and 1999, payable in 1998 and, 1999, and 2000.

Upon compliance with Minnesota Statutes, section 645.021, subdivision 3, by the governing body of Faribault county or the city of Blue Earth, section 8 is effective for taxes levied in 1997 and, 1998, and 1999 in the county or city that approves it."

Page 90, line 29, before the period, insert "and taxes levied in 1999, payable in 2000"

Page 93, delete lines 17 to 28 and insert:

"As a part of the initial application process, the commissioner may require the applicant to submit:

(1) if the property is registered property under chapter 508 or 508A, a copy of the original certificate of title in the possession of the county registrar of titles, certified by the registrar of titles or a deputy. A copy of the owner's duplicate certificate of title is not acceptable; and

(2) if the property is abstract property, a copy of the tract index for the property in the office of the county recorder, certified by the county recorder or a deputy.


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The certified copies under clauses (1) and (2) need not include references to any documents filed or recorded more than 30 years prior to the certification date, if the certification so states. The certification date must not be more than 30 days prior to submission of the application. The county registrar of titles and county recorder may charge the fees they usually charge for certified copies. If the property is abstract property, the commissioner may also require the applicant to submit a copy of a credit report prepared by a credit reporting agency acceptable to the commissioner, or other document acceptable to the commissioner, listing all unsatisfied court judgments against the applicant, or stating that there are none."

Page 158, line 1, strike "Sections" and insert "Section" and strike "and 19 are" and insert "is"

Page 158, line 2, strike "1999" and insert "1998"

Page 158, after line 2, insert:

"Section 19 is effective for purchases and sales after June 30, 1999."

Page 177, delete lines 9 to 14

Page 177, line 16, after "9," insert "12,"

Page 204, line 22, delete "a grant is" and insert "matching funds are"

Page 207, delete lines 13 to 18

Page 207, line 19, delete "3" and insert "2"

Page 207, line 28, delete "4" and insert "3"

Page 207, line 34, delete "5" and insert "4"

Page 208, line 1, delete "6" and insert "5"

Page 208, line 6, delete "7" and insert "6"

Page 212, line 26, after "in" insert "or consisting of"

Page 217, after line 6, insert:

"Sec. 5. Minnesota Statutes 1997 Supplement, section 349.19, subdivision 2a, is amended to read:

Subd. 2a. [TAX REFUND OR CREDIT.] (a) Each organization that receives a refund or credit under section 297E.02, subdivision 4, paragraph (d), must within four business days of receiving a refund under that paragraph deposit the refund in the organization's gambling account.

(b) In addition, each organization must calculate 5.26 percent of the sum of the amount of tax it paid under:

(1) section 297E.02, subdivision 1, on gross receipts, less prizes paid, after July 1, 1998; and

(2) section 297E.02, subdivision 6, on combined receipts received after July 1, 1998.

(c) The organization may expend the tax refund or credit issued under section 297E.02, subdivision 4, paragraph (d), plus the amount calculated under paragraph (b), only for lawful purposes, other than lawful purposes described in section 349.12, subdivision 25, paragraph (a), clauses (8), (9), and (12). Amounts received as refunds or allowed as credits subject to this paragraph must be spent for qualifying lawful purposes no later than one year after the refund or credit is received or the tax savings calculated under paragraph (b)."


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Page 222, after line 25, insert:

"Sec. 8. Minnesota Statutes 1996, section 92.46, is amended by adding a subdivision to read:

Subd. 1b. {SALE OF LEASED PROPERTY.] A lessee holding a lease under subdivision 1 on the enactment date of this subdivision may request that the leased land be sold at public sale. The lessee must submit a written request for public sale to the commissioner of natural resources by August 1, 1998. The commissioner shall mail notice of this subdivision to each leaseholder within one month of the enactment date. Notwithstanding section 92.45, the commissioner of natural resources shall sell leased land at a public sale on a date determined by the commissioner, but in no event later than February 1, 1999. Notwithstanding section 92.14, notice of sale must be published in the State Register, in a newspaper of statewide circulation, and in the daily newspaper of the region where the leased land is located."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 26, after "sections" insert "92.46, by adding a subdivision;"

Page 1, line 27, delete everything after the semicolon

Page 1, line 28, delete "subdivision;"

Page 2, line 28, after the semicolon, insert "349.19, subdivision 2a;"

Page 2, line 38, after the first semicolon, insert "3, section 9; "

With the recommendation that when so amended the bill pass.

MINORITY REPORT

March 9, 1998

We, the undersigned, being a minority of the Committee on Ways and Means, recommend that H. F. No. 3840 do pass with the following amendments:

Pages 2 to 34, delete articles 1 and 2 and insert:

" ARTICLE 1

PROPERTY TAX REBATE

Section 1. [ADDITIONAL 1997 PROPERTY TAX REBATE.]

(a) For purposes of this section, "1997 rebate" means the credit allowed under Laws 1997, chapter 231, article 1, section 16, as amended.

(b) Each individual or married couple allowed a 1997 property tax rebate is entitled to a payment equal to 150 percent of the amount of the 1997 rebate allowed.


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(c) As soon as possible after July 1, 1998, but no later than October 15, 1998, the commissioner of revenue shall make the payments under this section to each individual who has filed a return properly claiming a 1997 rebate by August 15, 1998. For claims for a 1997 rebate filed after August 15, 1998, the commissioner shall make the payment under this section no later than 90 days after receipt of the return claiming the rebate. Interest accrues, as provided for refunds under Minnesota Statutes, chapter 290, beginning on October 15, 1998, for payments based on returns claiming 1997 rebates filed by August 15, 1998, and beginning 90 days after the receipt of the return for all other returns claiming 1997 rebates.

(d) An amount equal to payments required by this section is appropriated on July 1, 1998, to the commissioner of revenue from the general fund to make the payments required by this section.

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

Sec. 2. Laws 1997, chapter 231, article 1, section 16, as amended by Laws 1997, First Special Session chapter 5, section 35, and Laws 1997, Third Special Session chapter 3, section 11, is amended to read:

Sec. 16. [PROPERTY TAX REBATE.]

(a) A credit is allowed against the tax imposed under Minnesota Statutes, chapter 290, to an individual, other than as a dependent, as defined in sections 151 and 152 of the Internal Revenue Code, disregarding section 152(b)(3) of the Internal Revenue Code, equal to 20 percent of the qualified property tax paid in calendar year 1997 before January 1, 1998, for taxes assessed in 1996.

(b) For property owned and occupied by the taxpayer during 1997, qualified tax means property taxes payable as defined in Minnesota Statutes, section 290A.03, subdivision 13, assessed in 1996 and payable in 1997, except the requirement that the taxpayer own and occupy the property on January 2, 1997, does not apply. The credit is allowed only to the individual and spouse, if any, who paid the tax, whether directly, through an escrow arrangement, or under a contractual agreement for the purchase or sale of the property. In the case of agricultural land assessed as part of a homestead pursuant to Minnesota Statutes, section 273.13, subdivision 23, the owner is allowed to calculate the credit on all property taxes on the homestead, except to the extent the owner is required to furnish a rent certificate under Minnesota Statutes, section 290A.19, to a tenant leasing a part of the farm homestead.

(c) For a renter, the qualified property tax means the amount of rent constituting property taxes under Minnesota Statutes, section 290A.03, subdivision 11, based on rent paid in 1997. If two or more renters could be claimants under Minnesota Statutes, chapter 290A with regard to the rent constituting property taxes, the rules under Minnesota Statutes, section 290A.03, subdivision 8, paragraph (f), applies to determine the amount of the credit for the individual.

(d) For an individual who both owned and rented principal residences in calendar year 1997, qualified taxes are the sum of the amounts under paragraphs (a) and (b).

(e) If the amount of the credit under this subdivision exceeds the taxpayer's tax liability under this chapter, the commissioner shall refund the excess.

(f) To claim a credit under this subdivision, the taxpayer must attach a copy of the property tax statement and certificate of rent paid, as applicable, and provide any additional information the commissioner requires.

(g) An amount sufficient to pay refunds under this subdivision is appropriated to the commissioner from the general fund.

(h) This credit applies to taxable years beginning after December 31, 1996, and before January 1, 1998.

(i) Payment of the credit under this section is subject to Minnesota Statutes, chapter 270A, and any other provision applicable to refunds under Minnesota Statutes, chapter 290.


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Sec. 3. [TRANSFER TO GENERAL FUND.]

Notwithstanding the provisions of Minnesota Statutes, section 16A.1521, paragraph (b), $500,000,000 from the property tax reform account is available to the general fund in an amount equal to the rebates under section 1. This amount is available beginning July 1, 1998.

Sec. 4. [APPROPRIATION.]

Up to $1,000,000 of the amount available in section 3 is appropriated from the general fund to the commissioner of revenue to administer section 1. This amount is available July 1, 1998.

ARTICLE 2

PROPERTY TAX REFORM

Section 1. Minnesota Statutes 1997 Supplement, section 124.315, subdivision 4, is amended to read:

Subd. 4. [INTEGRATION LEVY.] A district may levy an amount equal to 46 28 percent of the district's integration revenue as defined in subdivision 3.

Sec. 2. Minnesota Statutes 1997 Supplement, section 124.315, subdivision 5, is amended to read:

Subd. 5. [INTEGRATION AID.] A district's integration aid equals 54 72 percent of the district's integration revenue as defined in subdivision 3.

Sec. 3. Minnesota Statutes 1997 Supplement, section 273.127, subdivision 3, is amended to read:

Subd. 3. [CLASS 4C PROPERTIES.] For the market value of properties that meet the criteria of subdivision 2, paragraph (a), and which no longer qualify as a result of the eligibility criteria specified in section 273.126, a class rate of 2.4 percent applies for taxes payable in 1999 and a class rate of 2.6 2.5 percent applies for taxes payable in 2000.

Sec. 4. Minnesota Statutes 1997 Supplement, section 273.13, subdivision 22, is amended to read:

Subd. 22. [CLASS 1.] (a) Except as provided in subdivision 23, real estate which is residential and used for homestead purposes is class 1. The market value of class 1a property must be determined based upon the value of the house, garage, and land.

For taxes payable in 1998 and thereafter, The first $75,000 of market value of class 1a property has a net class rate of one percent of its market value; and the market value of class 1a property that exceeds $75,000 has a class rate of 1.85 1.7 percent of its market value.

(b) Class 1b property includes homestead real estate or homestead manufactured homes used for the purposes of a homestead by

(1) any blind person, or the blind person and the blind person's spouse; or

(2) any person, hereinafter referred to as "veteran," who:

(i) served in the active military or naval service of the United States; and

(ii) is entitled to compensation under the laws and regulations of the United States for permanent and total service-connected disability due to the loss, or loss of use, by reason of amputation, ankylosis, progressive muscular dystrophies, or paralysis, of both lower extremities, such as to preclude motion without the aid of braces, crutches, canes, or a wheelchair; and


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(iii) has acquired a special housing unit with special fixtures or movable facililties made necessary by the nature of the veteran's disability, or the surviving spouse of the deceased veteran for as long as the surviving spouse retains the special housing unit as a homestead; or

(3) any person who:

(i) is permanently and totally disabled and

(ii) receives 90 percent or more of total income from

(A) aid from any state as a result of that disability; or

(B) supplemental security income for the disabled; or

(C) workers' compensation based on a finding of total and permanent disability; or

(D) social security disabililty, including the amount of a disability insurance benefit which is converted to an old age insurance benefit and any subsequent cost of living increases; or

(E) aid under the federal Railroad Retirement Act of 1937, United States Code Annotated, title 45, section 228b(a)5; or

(F) a pension from any local government retirement fund located in the state of Minnesota as a result of that disability; or

(G) pension, annuity, or other income paid as a result of that disability from a private pension or disability plan, including employer, employee, union, and insurance plans and

(iii) has household income as defined in section 290A.03, subdivision 5, of $50,000 or less; or

(4) any person who is permanently and totally disabled and whose household income as defined in section 290A.03, subdivision 5, is 275 percent or less of the federal poverty level.

Property is classified and assessed under clause (4) only if the government agency or income-providing source certifies, upon the request of the homestead occupant, that the homestead occupant satisfies the disability requirements of this paragraph.

Property is classified and assessed pursuant to clause (1) only if the commissioner of economic security certifies to the assessor that the homestead occupant satisfies the requirements of this paragraph.

Permanently and totally disabled for the purpose of this subdivision means a condition which is permanent in nature and totally incapacitates the person from working at an occupation which brings the person an income. The first $32,000 market value of class 1b property has a net class rate of .45 percent of its market value. The remaining market value of class 1b property has a net class rate using the rates for class 1 or class 2a property, whichever is appropriate, of similar market value.

(c) Class 1c property is commercial use real property that abuts a lakesjore line and is devoted to temporary and seasonal residential occupancy for recreational purposes but not devoted to commercial purposes for more than 250 days in the year preceding the year of assessment, and that includes a portion used as a homestad by the owner, which includes a dwelling occupied as a homestead by a shareholder of a corporation that owns the resort or a partner in a partnership that owns the resort, even if the title to the homestead is held by the corporation or partnership. For purposes of this clause, property is devoted to a commercial purpose on a specific day if any portion of the property, excluding the portion used exclusively as a homestead, is used for residential occupancy and a fee is charged for residential occupancy. In order for a property to be classified as class 1c, at least 40 percent of the annual gross lodging receipts related to the property must be from business conducted between Memorial Day weekend and Labor Day weekend, and at least 60 percent of all bookings by lodging guests during the year must be fir periods of at least two consecutive nights. Class 1c property has a class rate of one percent of total market value with the following limitation: the area of the property must not exceed 100 feet of lakeshore footage for each cabin or campsite located on the property up to a total of 800 feet and 500 feet in depth, measured away from the lakeshore.


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(d) Class 1d property includes structures that meet all of the following criteria:

(1) the structure is located on property that is classified as agricultural property under section 273.13, subdivision 23;

(2) the structure is occupied exclusively by seasonal farm workers during the time when they work on that farm, and the occupants are not charged rent for the privilege of occupying the property, provided that use of the structure for storage of farm equipment and produce does not disqualify the property from classification under this paragraph;

(3) the structure meets all applicable health and safety requirements for the appropriate season; and

(4) the structure is not saleable as residential property because it does not comply with local ordinances relating to location in relation to streets or road.

The market value of class 1d property has the same class rates as class 1a property under paragraph (a).

Sec. 5. Minnesota Statutes 1997 Supplement, section 273.13, subdivision 23, is amended to read:

Subd. 23. [CLASS 2.] (a) Class 2a property is agricultural land including any improvements that is homesteaded. The market value of the house and garage and immediately surrounding one acre of land has the same class rates as class 1a property under subdivision 22. The value if the remaining land including improvements up to $115,000 has a net class rate of 0.4 0.35 percent of market value. The remaining value of class 2a property over $115,000 of market value that does not exceed 320 acres has a net class rate of 0.9 0.8 percent of market value. The remaining property over the $115,000 market value in excess of 320 acres has a class rate of 1.4 1.3 percent of market value.

(b) Class 2b property is (1) real estate, rural in character and used exclusively for growing trees for timber, lumber, and wood and wood products; (2) real estate that is not improved with a structure and is used exclusively for growing trees for timber, lumber, and wood and wood products, if the owner has participated or is participating in a cost-sharing program for afforestation, reforestation, or timber stand improvement on that particular property, administered or coordinated by the commissioner of natural resources; (3) real estate that is nonhomestead agricultlural land; or (4) a landing area or public access area of a privately owned public use airport. Class 2b property has a net class rate of 1.4 1.3 percent of market value.

(c) Agricultural land as used in this section means contiguous acreage of ten acres or more, used during the preceding year for agricultural purposes. "Agricultural purposes" as used in this section meas the raising or cultivation of agricultural products or enrollment in the Reinvest in Minnesota program under sections 103F.501 to 103F.535 or the federal Conservation Reserve Program as contained in Public Law Number 99-198. Contiguous acreage on the same parcel, or contiguous acreage on an immediately adjacent parcel under the same ownership, may also qualify as agricultural land, but only if it is pasture, timber, waste, unusable wild land, or land included in state or federal farm programs. Agricultural classification for property shall be determined excluding the house, garage, and immediately surrounding one acre of land, and shall not be based upon the market value if any rsidential structures on the parcel or contiguous parcels under the same ownership.

(d) Real estate, excluding the house, garage, and immediately surrounding one acre of land, of less than ten acres whih is exclusively and intensively used for raising or cultivating agricultural products, shall be considered as agricultural land.

Land shall be classified as agricultural even if all or a portion of the agricultural use of that property is the leasing to, or use by another person for agricultural purposes.

Classification under this subdivision is not determinative for qualifying under section 273.111.

The property classification under this section supersedes, for property tax purposes only, any locally administered agricultural policies or land use restrictions that define minimum or maximum farm acreage.

(e) The term "agricultural products" as used in this subdivision includes production for sale of:

(1) livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing animals, horticultural and nursery stock described in sections 18.44 to 18.61, fruit of all kinds, vegetables, forage, grains, bees, and apiary products by the owner;


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(2) fish bred for sale and consumption if the fish breeding occurs on land zoned for agricultural use;

(3) the commercial boarding of horses if the boarding is done in conjunction with raising or cultivating agricultural products as defined in clause (1);

(4) property which is owned and operated by nonprofit organizations used for equestrian activities, excluding racing; and

(5) game birds and waterfowl bred and raised for use on a shooting preserve licensed under section 97A.115.

(f) If a parcel used for agricultural purposes is also used for commercial or industrial purposes, including but not limited to:

(1) wholesale and retail sales;

(2) processing of raw agricultural products or other goods;

(3) warehousing or storage of processed goods; and

(4) office facilities for the support of the activities enumerated in clauses (1), (2), and (3),

the assessor shall classify the part of the parcel used for agricultural purposes as class 1b, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its use. The grading, sorting, and packaging of raw agricultural products for first sale is considered an agricultural purpose. A greenhouse or other building where horticultural or nursery products are grown that is also used for the conduct of retail sales must be classified as agricultural if it is primarily used for the growing of horticultural or nursery products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of those products. Use of a greenhouse or building only for the display of already grown horticultural or nursery products does not qualify as an agricultural purpose.

The assessor shall determine and list separately on the records the market value of the homestead dwelling and the one acre of land on which that dwelling is located. If any farm buildings or structures are located on this homesteaded acre of land, their market value shall not be included in this separate determination.

(g) To qualify for classification under paragraph (b), clause (4), a privately owned public use airport must be licensed as a public airport under section 360.018. For purposes of paragraph (b), clause (4), "landing area" means that part of a privately owned public use airport properly cleared, regularly maintained, and made available to the public for use by aircraft and includes runways, taxiways, aprons, and sites upon which are situated landing or navigational aids. A landing area also includes land underlying both the primary surface and the approach surfaces that comply with all of the following:

(i) the land is properly cleared and regularly maintained for the primary purposes of the landing, taking off, and taxiing of aircraft; but that portion of the land that contains facilities for servicing, repair, or maintenance of aircraft is not included as a landing area;

(ii) the land is part of the airport property; and

(iii) the land is not used for commercial or residential purposes.

The land contained in a landing area under paragraph (b), clause (4), must be described and certified by the commissioner of transportation. The certification is effective until it is modified, or until the airport or landing area no longer meets the requirements of paragraph (b), clause (4). For the purposes of paragraph (b), clause (4), "public access area" means property used as an aircraft parking ramp, apron, or storage hangar, or an arrival and departure building in connection with the airport.

Sec. 6. Minnesota Statutes 1997 Supplement, section 273.13, subdivision 24, is amended to read:

Subd. 24. [CLASS 3.] (a) Commercial and industrial property and utility real and personal property, except class 5 property as identified in subdivision 31, clause (1), is class 3a. Each parcel has a class rate of 2.7 2.5 percent of the first tier of market value, and 4.0 3.5 percent of the remaining market value, except that in the case of contiguous parcels of


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commercial and industrial property owned by the same person or entity, only the value equal to the first-tier value of the contiguous parcels qualifies for the reduced class rate. For the purposes of this subdivision, the first tier means the first $150,000 of market value. In the case of utility property owned by one person or entity, only one parcel in each county has a reduced class rate on the first tier of market value.

For purposes of this paragraph, parcels are considered to be contiguous even if they are separated from each other by a road, street, vacant lot, waterway, or other similar intervening type of property.

(b) Employment property defined in section 469.166, during the period provided in section 469.170, shall constitute class 3b and has a class rate of 2.3 percent of the first $50,000 of market value and 3.6 3.5 percent of the remainder, except that for employment property located in a border city enterprise zone designated pursuant to section 469.168, subdivision 4, paragraph (c), the class rate of the first tier of market value and the class rate of the remainder is determined under paragraph (a), unless the governing body of the city designated as an enterprise zone determines that a specific parcel shall be assessed pursuant to the first clause of this sentence. The governing body may provide for assessment under the first clause of the preceding sentence only for property which is located in an area which has been designated by the governing body for the receipt of tax reductions authorized by section 469.171, subdivision 1.

(c) Structures which are (i) located on property classified as class 3a, (ii) constructed under an initial building permit issued after January 2, 1996, (iii) located in a transit zone as defined under section 473.3915, subdivision 3, (iv) located within the boundaries of a school district, and (v) not primarily used for retail or transient lodging purposes, shall have a class rate equal to 85 percent of the class rate of the second tier of the commercial property rate under paragraph (a) on any portion of the market value that does not qualify for the first tier class rate under paragraph (a). As used in item (v), a structure is primarily use for retail or transient lodging purposes if over 50 percent of its square footage is used for those purposes. The four percent rate A class rate equal to 85 percent of the class rate of the second tier of the commercial property rate under paragraph (a) shall also apply to improvements to existing structures that meet the requirements of items (i) to (v) if the improvements are constructed under an initial building permit issued after January 2, 1996, even if the remainder of the structure was constructed prior to January 2, 1996. For the purposes of this paragraph, a structure shall be considered to be located in a transit zone if any portion of the structure lies within the zone. If any property once eligible for treatment under this paragraph ceases to remain eligible due to revisions in transit zone boundaries, the property shall continue to receive treatment under this paragraph for a period of three years.

Sec. 7. Minnesota Statutes 1997 Supplement, section 273.13, subdivision 25, as amended by Laws 1997, Third Special Session chapter 3, section 28, is amended to read:

Subd. 25. [CLASS 4.] (a) Class 4a is residential real estate containing four or more units and used or held for use by the owner or by the tenants or lessees of the owner as a residence for rental periods of 30 days or more. Class 4a also includes hospitals licensed under sections 144.50 to 144.56, other than hospitals exempt under section 272.02, and contiguous property used for hospitals purposes, without regard to whether the property has been platted or subdivided. Class 4a property in a city with a population of 5,000 or less, that is (1) located outside of the metropolitan area, as defined in section 473.121, subdivision 2, or outside any county contiguous to the metropolitan area, and (2) whose city boundary is at least 15 miles from the boundary of any city with a population greater than 5,000 has a class rate of 2.3 2.15 percent of market value. All other class 4a property has a class rate of 2.9 2.5 percent of market value. For purposes of this paragraph, population has the same meaning given in section 477A.011, subdivision 3.

(b) Class 4b includes:

(1) residential real estate containing less than four units that does not qualify as class 4bb, other than seasonal residential, and recreational;

(2) manufactured homes not classified under any other provision;

(3) a dwelling, garage, and surrounding one acre of property on a nonhomestead farm classified under subdivision 23, paragraph (b) containing two or three units;

(4) unimproved property that is classified residential as determined under section 273.13, subdivision 33.


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Class 4b property has a class rate of 2.1 1.7 percent of market value.

(c) Class 4bb includes:

(1) nonhomestead residential real estate containing one unit, other than seasonal residential, and recreational; and

(2) a single family dwelling, garage, and surrounding one acre of property on a nonhomestead farm classified under subdivision 23, paragraph (b).

Class 4bb has a class rate of 1.9 1.25 percent on the first $75,000 of market value and a class rate of 2.1 1.7 percent of its market value that exceeds $75,000.

Property that has been classified as seasonal recreational residential property at any time during which it has been owned by the current owner or spouse of the current owner does not qualify for class 4bb.

(d) Class 4c property includes:

(1) except as provided in subdivision 22, paragraph (c) (b), real property devoted to temporary and seasonal residential occupancy for recreation purposes, including real property devoted to temporary and seasonal residential occupancy for recreation purposes and not devoted to commercial purposes for more than 250 days in the year preceding the year of assessment. For purposes of this clause, property is devoted to a commercial purpose on a specific day if any portion of the property is used for residential occupancy, and a fee is charged for residential occupancy. In order for a property to be classified as class 4c, seasonal recreational residential for commercial purposes, at least 40 percent of the annual gross lodging receipts related to the property must be from business conducted between Memorial Day weekend and Labor Day weekend and at least 60 percent of all bookings by lodging guests during the year must be for periods of at least two consecutive nights. Class 4c also includes commercial use real property used exclusively for recreational purposes in conjunction with class 4c property devoted to temporary and seasonal residential occupancy for recreational purposes, up to a total of two acres, provided the property is not devoted to commercial recreational use for more than 250 days in the year preceding the year of assessment and is located within two miles of the class 4c property with which it is used. Class 4c property classified in this clause also includes the remainder of class 1c resorts. Owners of real property devoted to temporary and seasonal residential occupancy for recreation purposes and all or a portion of which was devoted to commercial purposes for not more than 250 days in the year preceding the year of assessment desiring classification as class 1c or 4c, must submit a declaration to the assessor designating the cabins or units occupied for 250 days or less in the year preceding the year of assessment by January 15 of the assessment year. Those cabins or units and a proportionate share of the land on which they are located will be designated class 1c or 4c as otherwise provided. The remainder of the cabins or units and a proportionate share of the land on which they are located will be designated as class 3a. The owner of property desiring designation as class 1c or 4c property must provide guest registers or other records demonstrating that the units for which class 1c or 4c designation is sought were not occupied for more than 250 days in the year preceding the assessment if so requested. The portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, and (4) other nonresidential facility operated on a commercial basis not directly related to temporary and seasonal residential occupancy for recreation purposes shall not qualify for class 1c or 4c;

(2) qualified property used as a golf course if:

(i) any portion of the property is located within a county that has a population of less than 50,000, or within a county containing a golf course owned by a municipality, the county, or a special taxing district;

(ii) it is open to the public on a daily fee basis. It may charge membership fees or dues, but a membership fee may not be required in order to use the property for golfing, and its green fees for golfing must be comparable to green fees typically charged by municipal courses; and

(iii) it meets the requirements of section 273.112, subdivision 3, paragraph (d).

A structure used as a clubhouse, restaurant, or place of refreshment in conjunction with the golf course is classified as class 3a property.


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(3) real property up to a maximum of one acre of land owned by a nonprofit community service oriented organization; provided that the property is not used for a revenue-producing activity for more than six days in the calendar year preceding the year of assessment and the property is not used for residential purposes on either a temporary or permanent basis. For purposes of this clause, a "nonprofit community service oriented organization" means any corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, fraternal, civic, or educational purposes, and which is exempt from federal income taxation pursuant to section 501(c)(3), (10), or (19) of the Internal Revenue Code of 1986, as amended through December 31, 1990. For purposes of this clause, "revenue-producing activities" shall include but not be limited to property or that portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling alley, a retail store, gambling conducted by organizations licensed under chapter 349, an insurance business, or office or other space leased or rented to a lessee who conducts a for-profit enterprise on the premises. Any portion of the property which is used for revenue-producing activities for more than six days in the calendar year preceding the year of assessment shall be assessed as class 3a. The use of the property for social events open exclusively to members and their guests for periods of less than 24 hours, when an admission is not charged nor any revenues are received by the organization shall not be considered a revenue-producing activity;

(4) post-secondary student housing of not more than one acre of land that is owned by a nonprofit corporation organized under chapter 317A and is used exclusively by a student cooperative, sorority, or fraternity for on-campus housing or housing located within two miles of the border of a college campus; and

(5) manufactured home parks as defined in section 327.14, subdivision 3.

Class 4c property has a class rate of 2.1 percent of market value, except that (i) for each parcel of seasonal residential recreational property not used for commercial purposes the first $75,000 of market value has a class rate of 1.4 1.3 percent, and the market value that exceeds $75,000 has a class rate of 2.5 2.3 percent, and (ii) manufactured home parks assessed under clause (5) have a class rate of two percent.

(e) Class 4d property is qualifying low-income rental housing certified to the assessor by the housing finance agency under sections 273.126 and 462A.071. Class 4d includes land in proportion to the total market value of the building that is qualifying low-income rental housing. For all properties qualifying as class 4d, the market value determined by the assessor must be based on the normal approach to value using normal unrestricted rents.

Class 4d property has a class rate of one percent of market value.

(f) Class 4e property consists of the residential portion of any structure located within a city that was converted from nonresidential use to residential use, provided that:

(1) the structure had formerly been used as a warehouse;

(2) the structure was originally constructed prior to 1940;

(3) the conversion was done after December 31, 1995, but before January 1, 2003, and

(4) the conversion involved an investment of at least $25,000 per residential unit.

Class 4e property has a class rate of 2.3 percent, provided that a structure is eligible for class 4e classification only in the 12 assessment years immediately following the conversion.

Sec. 8. Minnesota Statutes 1997 Supplement, section 273.13, subdivision 31, is amended to read:

Subd. 31. [CLASS 5.] Class 5 property includes:

(1) tools, implements, and machinery of an electric generating, transmission, or distribution system or a pipeline system transporting or distributing water, gas, crude oil, or petroleum products or mains and pipes used in the distribution of steam or hot or chilled water for heating or cooling buildings, which are fixtures;


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(2) unmined iron ore and low-grade iron-bearing formations as defined in section 273.14; and

(3) all other property not otherwise classified.

Class 5 property as a class rate of 4.0 3.5 percent of market value for taxes payable in 1998 1999 and thereafter.

Sec. 9. Minnesota Statutes 1997 Supplement, section 273.13, subdivision 32, is amended to read:

Subd. 32. [TARGET CLASS RATES.] (a) All classes of property with a class rate of 4 four percent for taxes payable in 1998 have a target class rate of 3.5 three percent. Class 4a shall have a target class rate of 2.5 two percent. Class 4bb has a target class rate of 1.25 one percent of the first $75,000 of market value and a target class rate of 1.85 1.5 percent of the market value in excess of $75,000.

(b) By the fourth Tuesday in January of 1998 and at the time of submission of the biennial budget under section 16A.11 in each biennium thereafter, the governor must recommend the class rate schedule for all properties for taxes payable in 1999 for the schedule submitted in 1998 and for the following two calendar years in each biennium thereafter. The class rate schedule must include reductions in the class rates of the classes designated in paragraph (a) until such time as the target class rates are reached unless the governor recommends no change in the class rate schedule for all properties. As part of the recommendation, the governor shall recommend appropriation of monies from the property tax reform account under section 16A.1521 and include within the budget additional funding for the education homestead credit, the property tax refund under chapter 290A and education aids under chapters 124 and 124A to the extent those aids will be used to reduce property tax levies. The governor may propose alternative programs to prevent taxes of classes other than those designated in paragraph (a) from increasing as a result of the governor's recommended class rate schedule.

Sec. 10. Minnesota Statutes 1997 Supplement, section 273.1382, subdivision 1, is amended to read:

Subdivision 1. [EDUCATION HOMESTEAD CREDIT.] Each year, beginning with property taxes payable in 1998, the respective county auditors shall determine the initial tax rate for each school district for the general education levy certified under section 124A.23, subdivision 2 or 3. That rate plus the school district's education homestead credit tax rate adjustment under section 275.08, subdivision 1e, shall be the general education homestead credit local tax rate for the district. The auditor shall then determine a general education homestead credit for each homestead within the county equal to 32 52 percent of the general education homestead credit local tax rate times the net tax capacity of the homestead for the taxes payable year. The amount of general education homestead credit for a homestead may not exceed $225 $290. 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.

Sec. 11. Minnesota Statutes 1996, section 273.1398, subdivision 2, is amended to read:

Subd. 2. [HOMESTEAD AND AGRICULTURAL CREDIT AID.] Homestead and agricultural credit aid for each unique taxing jurisdiction equals the product of (1) the homestead and agricultural credit aid base, and (2) the growth adjustment factor, plus the net tax capacity adjustment and the fiscal disparity adjustment. Beginning with homestead and agricultural credit aid payable in 2000, each county that receives an amount in calendar year 2000 under section 477A.0122 as a result of the appropriation in section 477A.03, subdivision 2, paragraph (c), clause (3), shall have its homestead and agricultural credit aid permanently reduced by an equal amount.

Sec. 12. Minnesota Statutes 1997 Supplement, section 290A.03, subdivision 11, is amended to read:

Subd. 11. [RENT CONSTITUTING PROPERTY TAXES.] "Rent constituting property taxes" means 18 19 percent of the gross rent actually paid in cash, or its equivalent, or a portion of rent paid in lieu of property taxes, in any calendar year by a claimant for the right of occupancy of the claimant's Minnesota homestead in the calendar year, and which rent constitutes the basis, in the succeeding calendar year of a claim for relief under this chapter by the claimant.

Sec. 13. Minnesota Statutes 1997 Supplement, section 290A.03, subdivision 13, is amended to read:

Subd. 13. [PROPERTY TAXES PAYABLE.] "Property taxes payable" means the property tax exclusive of special assessments, penalties, and interest payable on a claimant's homestead after deductions made under sections 273.135, 273.1382, 273.1391, 273.42, subdivision 2, and any other state paid property tax credits in any calendar year. In the case


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of a claimant who makes ground lease payments, "property taxes payable" includes the amount of the payments directly attributable to the property taxes assessed against the parcel on which the house is located. No apportionment or reduction of the "property taxes payable" shall be required for the use of a portion of the claimant's homestead for a business purpose if the claimant does not deduct any business depreciation expenses for the use of a portion of the homestead in the determination of federal adjusted gross income. For homesteads which are manufactured homes as defined in section 273.125, subdivision 8, and for homesteads which are park trailers taxed as manufactured homes under section 168.012, subdivision 9, "property taxes payable" shall also include 18 19 percent of the gross rent paid in the preceding year for the site on which the homestead is located. When a homestead is owned by two or more persons as joint tenants or tenants in common, such tenants shall determine between them which tenant may claim the property taxes payable on the homestead. If they are unable to agree, the matter shall be referred to the commissioner of revenue whose decision shall be final. Property

taxes are considered payable in the year prescribed by law for payment of the taxes.

In the case of a claim relating to "property taxes payable," the claimant must have owned and occupied the homestead on January 2 of the year in which the tax is payable and (i) the property must have been classified as homestead property pursuant to section 273.124, on or before December 15 of the assessment year to which the"property taxes payable" relate; or (ii) the claimant must provide documentation from the local assessor that application for homestead classification has been made on or before December 15 of the year in which the "property taxes payable" were payable and that the assessor has approved the application.

Sec. 14. Minnesota Statutes 1996, section 477A.0122, subdivision 6, is amended to read:

Subd. 6. [REPORT.] On or before March 15 of the year following the year in which the distributions under this section are received, each county shall file with the commissioner of revenue and commissioner of human services a report on prior year expenditures for out-of-home placement and family preservation, including expenditures under this section. For the human services programs specified in this section, the commissioner of revenue and commissioner of human services, in consultation with representatives of county governments, shall make a recommendation to the 1999 legislature as to which current reporting requirements imposed on county governments, if any, may be eliminated, replaced, or consolidated on the report established by this section. For aid payable in calendar year 2000 and thereafter, each county shall provide information on the amount of state aid, local property tax revenue, and federal aid expended by that county on the programs specified in this section using the consolidated financial report recommended by the commissioner of revenue and commissioner of human services under this subdivision.

Sec. 15. Minnesota Statutes 1996, section 477A.03, subdivision 2, is amended to read

Subd. 2. [ANNUAL APPROPRIATION.] (a) A sum sufficient to discharge the duties imposed by sections 477A.011 to 477A.014 is annually appropriated from the general fund to the commissioner of revenue. For aids payable in 1996 and thereafter, the total aids paid under sections section 477A.013, subdivision 9, and 477A.0122 are the amounts certified to be paid in the previous year, adjusted for inflation as provided under subdivision 3. Aid payments to counties under section 477A.0121 are limited to $20,265,000 in 1996. Aid payments to counties under section 477A.0121 are limited to $27,571,625 in 1997.

(b) For aid payable in 1998 and thereafter, the total aids paid under section 477A.0121 are the amounts certified to be paid in the previous year, adjusted for inflation as provided under subdivision 3.

(c) For aid payable in 2000, the total aid payments under section 477A.0122 are the sum of:

(1) the amounts certified to be paid in the previous year, adjusted for inflation as provided in subdivision 3; plus

(2) $20,000,000; plus

(3) $10,000,000.

For aid payable in 2001 and thereafter, the total aid payments under section 477A.0122 are the amounts certified to be paid in the previous year, adjusted for inflation as provided in subdivision 3.


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Sec. 16. [APPROPRIATIONS.]

(a) [SHIFT RECOGNITION APPROPIATION.] In addition to any amounts appropriated by other law, $3,900,000 is appropriated to the commisssioner of children, families, and learning in fiscal year 1999 to fund early recognition of educational aid.

(b) [EDUCATION LEVY REDUCTION APPROPRIATION.] In addition to any amount appropriated by other law, $55,000,000 is appropriated to the commissioner of children, families, and learning in fiscal year 2000 and thereafter to fund a reduction in the statewide general education property tax levy.

Sec. 17. [INSTRUCTION TO REVISOR.]

In the next edition of the Minnesota Statutes, the revisor of statutes shall correct references to class 4e properties so that the statutes properly reflect the changes made to Minnesota Statutes, section 273.13, by this article.

Sec. 18. [REPEALER.]

Minnesota Statutes 1996, sections 273.11, subdivisions 6a and 15; and 273.124, subdivision 17, are repealed.

Sec. 19. [EFFECTIVE DATE.]

Sections 1, 3 to 10, and 18 are effective for taxes payable in 1999 and thereafter. Section 2 is effective for aid paid in fiscal year 2000 and thereafter. Sections 11 and 15 are effective for aid payable in 2000 and thereafter. Sections 12 and 13 are effective for rents paid in 1998 and thereafter. Sections 16 and 17 are effective the day following final enactment.

ARTICLE 3

INCOME TAX RATES

Section 1. Minnesota Statutes 1996, sections 290.06, subdivision 2c, is amended to read:

Subd. 2c. [SCHEDULES OF RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS.] (a) The income taxes imposed by this chapter upon married individuals filing joint returns and surviving spouses as defined in section 2(a) of the Internal Revenue Code must be computed by applying to their taxable net income the following schedule of rates:

(1) On the first $19,910 $33,920, 6 5.5 percent;

(2) On all over $19,910 $33,920, but not over $79,120 $111,460, 8 7.5 percent;

(3) On all over $79,120 $111,460, 8.5 percent.

Married individuals filing separate returns, estates, and trusts must compute their income tax by applying the above rates to their taxable income, except that the income brackets will be one-half of the above amounts.

(b) The income taxes imposed by this chapter upon unmarried individuals must be computed by applying to taxable net income the following schedule of rates:

(1) On the first $13,620 $16,960, 6 5.5 percent;

(2) On all over $13,620 $16,960, but not over $44,750 $55,730, 8 7.5 percent;

(3) On all over $44,750 $55,730, 8.5 percent.


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(c) The income taxes imposed by this chapter upon unmarried individuals qualifying as a head of household as defined in section 2(b) of the Internal Revenue Code must be computed by applying to taxable net income the following schedule of rates:

(1) On the first $16,770 $20,890, 6 5.5 percent;

(2) On all over $16,770 $20,890, but not over $67,390 $83,930, 7.5 percent.

(3) On all over $67,390 $83,930, 8.5 percent.

(d) In lieu of a tax computed according to the rates set forth in this subdivision, the tax of any individual taxpayer whose taxable net income for the taxable year is less than an amount determined by the commissioner must be computed in accordance with tables prepared and issued by the commissioner of revenue based on income brackets of not more than $100. The amount of tax for each bracket shall be computed at the rates set forth in this subdivision, provided that the commissioner may disregard a fractional part of a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.

(e) An individual who is not a Minnesota resident for the entire year must compute the individual's Minnesota income tax as provided in this subdivision. After the application of the nonrefundable credits provided in this chapter, the tax liability must then be multiplied by a fraction in which:

(1) The numerator is the individual's Minnesota source federal adjusted gross income as defined in section 62 of the Internal Revenue Code increased by the addition required for interest income from non-Minnesota state and municipal bonds under section 290.01, subdivision 19a, clause (1), after applying the allocation and assignability provisions of section 290.081, clause (a), or 290.17; and

(2) the denominator is the individual's federal adjusted gross income as defined in section 62 of the Internal Revenue Code of 1986, as amended through April 15, 1995, increased by the addition required for interest income from non-Minnesota state and municipal bonds under section 290.01, subdivision 19a, clause (1).

Sec. 2. Minnesota Statutes 1996, section 290.06, subdivision 2d, is amended to read:

Subd. 2d. [INFLATION ADJUSTMENT OF BRACKETS.] (a) For taxable years beginning after December 31, 1991 1998, the minimum and maximum dollar amounts for each rate bracket for which a tax is imposed in subdivision 2c shall be adjusted for inflation by the percentage determined under paragraph (b). For the purpose of making the adjustment as provided in this subdivision all of the rate brackets provided in subdivision 2c shall be the rate brackets as they existed for taxable years beginning after December 31, 1990 1997, and before January 1, 1992 1999. The rate applicable to any rate bracket must not be changed. The dollar amounts setting forth the tax shall be adjusted to reflect the changes in the rate brackets. The rate brackets as adjusted must be rounded to the nearest $10 amount. If the rate bracket ends in $5, it must be rounded up to the nearest $10 amount.

(b) The commissioner shall adjust the rate brackets and by the percentage determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in section 1(f)(3)(B) the word "1990 1997" shall be substituted for the word "1987 1992." For 1991 1998, the commissioner shall then determine the percent change from the 12 months ending on August 31, 1990 1997, to the 12 months ending on August 31, 1991 1998, and in each subsequent year, from the 12 months ending on August 31, 1990 1997, to the 12 months ending on August 31 of the year preceding the taxable year. The determination of the commissioner pursuant to this subdivision shall not be considered a "rule" and shall not be subject to the administrative procedure act contained in chapter 14.

No later than December 15 of each year, the commissioner shall announce the specific percentage that will be used to adjust the tax rate brackets.


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Sec. 3. Minnesota Statutes 1996, section 290.091, subdivision 1, is amended to read:

Subdivision 1. [IMPOSITION OF TAX.] In addition to all other taxes imposed by this chapter a tax is imposed on individuals, estates, and trusts equal to the excess (if any) of

(a) an amount equal to seven 6.8 percent of alternative minimum taxable income after subtracting the exemption amount, over

(b) the regular tax for the taxable year.

Sec. 4. Minnesota Statutes 1996, section 290.091, subdivision 2, is amended to read:

Subd. 2. [DEFINITIONS.] For purposes of the tax imposed by this section, the following terms have the meanings given:

(a) "Alternative minimum taxable income" means the sum of the following for the taxable year:

(1) the taxpayer's federal alternative minimum taxable income as defined in section 55(b)(2) of the Internal Revenue Code;

(2) the taxpayer's itemized deductions allowed in computing federal alternative minimum taxable income, but excluding the Minnesota charitable contribution deduction and the medical expense deduction;

(3) for depletion allowances computed under section 613A(c) of the Internal Revenue Code, with respect to each property (as defined in section 614 of the Internal Revenue Code), to the extent not included in federal alternative minimum taxable income, the excess of the deduction for depletion allowable under section 611 of the Internal Revenue Code for the taxable year over the adjusted basis of the property at the end of the table year (determined without regard to the depletion deduction for the taxable year);

(4) to the extent not included in federal alternative minimum taxable income, the amount of the tax preference for intangible drilling cost under section 57(a) (2) of the Internal Revenue Code determined without regard to subparagraph (E);

(5) to the extent not included in federal alternative minimum taxable income, the amount of interest income as provided by section 290.01, subdivision 19a, clause (1);

less the sum of the amounts determined under the following clauses (1) to (3):

(1) interest income as defined in section 290.01, subdivision 19b, clause (1);

(2) an overpayment of state income tax as provided by section 290.01, subdivision 19b, clause (2), to the extent included in federal alternative minimum taxable income; and

(3) the amount of investment interest paid or accrued within the taxable year on indebtedness to the extent that the amount does not exceed net investment income, as defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include amounts deducted in computing federal adjusted gross income.

In the case of an estate or trust, alternative minimum taxable income must be computed as provided in section 59(c) of the Internal Revenue Code.

(b) "Investment interest" means investment interest as defined in section 163(d)(3) of the Internal Revenue Code.

(c) "Tentative minimum tax" equals seven 6.8 percent of alternative minimum taxable income after subtracting the exemption amount determined under subdivision 3.

(d) "Regular tax" means the tax that would be imposed under this chapter (without regard to this section and section 290.032), reduced by the sum of the nonrefundable credits allowed under this chapter.


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(e) "Net minimum tax" means the minimum tax imposed by this section.

(f) "Minnesota charitable contribution deduction" means a charitable contribution deduction under section 170 of the Internal Revenue Code to or for the use of an entity described in section 290.21, subdivision 3, clause (a) to (e). When the federal deduction for charitable contributions is limited under section 170(b) of the Internal Revenue Code, the allowable contributions in the year of contribution are deemed to be first contributions to entities described in section 290.21, subdivision 3, clauses (a) to (e).

Sec. 5. Minnesota Statutes 1996, section 290.091, subdivision 3, is amended to read:

Subd. 3. [EXEMPTION AMOUNT.] (a) For purposes of computing the alternative minimum tax, the initial exemption amount is the exemption determined under section 55(d) of the Internal Revenue Code, as amended through December 31, 1992, except that alternative minimum taxable income as determined under this section must be substituted in the computation of the phase out under section 55(d)(3). equals the following amounts:

(1) for an individual who is not a married individual and is not a surviving spouse, $30,000;

(2) for a married individual filing a separate return or an estate or a trust, one-half of the amount determined under clause (3) for joint returns;

(3) for an individual filing a joint return or a surviving spouse, $60,000.

(b) The exemption amount is determined by reducing the initial exemption amount, as determined under paragraph (a), by 25 percent of the amount of alternative minimum taxable income of the taxpayer that exceeds:

(1) for an individual who is not a married individual and is not a surviving spouse, $112,500;

(2) for a married individual filing a separate return or an estate or a trust, one-half of the amount determined under clause (3);

(3) for an individual filing a joint return or a surviving spouse, $225,000.

Sec. 6. Minnesota Statutes 1997 Supplement, section 290.091, subdivision 6, is amended to read:

Subd. 6. [CREDIT FOR PRIOR YEARS' LIABILITY.] (a) A credit is allowed against the tax imposed by this chapter on individuals, trusts, and estates equal to the minimum tax credit for the taxable year. The minimum tax credit equals the adjusted net minimum tax for taxable years beginning after December 31, 1988, reduced by the minimum tax credits allowed in a prior taxable year. The credit may not exceed the excess (if any) for the taxable year of

(1) the regular tax, over

(2) the greater of (i) the tentative alternative minimum tax, or (ii) zero.

(b) The adjusted net minimum tax for a taxable year equals the lesser of the net minimum tax or the excess (if any) of

(1) the tentative minimum tax, over

(2) seven 6.8 percent of the sum of

(i) adjusted gross income as defined in section 62 of the Internal Revenue Code,

(ii) interest income as defined in section 290.01, subdivision 19a, clause (1),

(iii) interest on specified private activity bonds, as defined in section 57(a)(5) of the Internal Revenue Code, to the extent not included under clause (ii),


Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8121

(iv) depletion as defined in section 57(a)(1), determined without regard to the last sentence of paragraph (1), of the Internal Revenue Code, less

(v) the deductions provided in subdivision 2, paragraph (a), clauses (1), (2), and (3) of the second series of clauses, and

(vi) the exemption amount determined under subdivision 3.

In the case of an individual who is not a Minnesota resident for the entire year, adjusted net minimum tax must be multiplied by the fraction defined in section 290.06, subdivision 2c, paragraph (e). In the case of a trust or estate, adjusted net minimum tax must be multiplied by the fraction defined under subdivision 4, paragraph (b).

Sec. 7. [EFFECTIVE DATE.]

Sections 1 and 3 to 6 are effective for taxable years beginning after December 31, 1997."

Renumber the articles in sequence and correct internal references

Amend the title accordingly

Signed: Steve Sviggum Elaine Harder

Hilda Bettermann Erik Paulsen

Carol Molnau Kevin Goodno

Doug Stang Ron Abrams

Sviggum moved that the Minority Report on H. F. No. 3840 be substituted for the Majority Report and that the Minority Report be now adopted.

A roll call was requested and properly seconded.

MOTION TO LAY ON THE TABLE

Winter moved that the Minority Report on H. F. No. 3840 be laid on the table.

A roll call was requested and properly seconded.

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

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

There were 65 yeas and 63 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Farrell Jennings Long Osthoff Skoglund
Bakk Folliard Johnson, A. Mahon Otremba, M. Solberg
Biernat Garcia Johnson, R. Mariani Paymar Tomassoni
Carlson Greenfield Juhnke Marko Pelowski Trimble
Chaudhary Greiling Kahn McCollum Peterson Tunheim
Clark, K. Hasskamp Kalis McGuire Pugh Wagenius
Dawkins Hausman Kelso Milbert Rest Wejcman
Delmont Hilty Koskinen Munger Rukavina Wenzel
Dorn Huntley Kubly Murphy Schumacher Winter

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Entenza Jaros Leighton Olson, E. Sekhon Spk. Carruthers
Evans Jefferson Lieder Orfield Skare

Those who voted in the negative were:

Abrams Dehler Knight Mulder Rostberg Tuma
Anderson, B. Dempsey Knoblach Ness Seagren Van Dellen
Bettermann Erhardt Kraus Nornes Seifert Vandeveer
Bishop Erickson Krinkie Olson, M. Smith Weaver
Boudreau Finseth Kuisle Osskopp Stanek Westfall
Bradley Goodno Larsen Ozment Stang Westrom
Broecker Gunther Leppik Paulsen Sviggum Wolf
Clark, J. Haas Lindner Pawlenty Swenson, H. Workman
Commers Harder Macklin Reuter Sykora
Daggett Holsten Mares Rhodes Tingelstad
Davids Kielkucki Molnau Rifenberg Tompkins

The motion prevailed and the Minority Report on H. F. No. 3840 was laid on the table.

The question recurred on the adoption of the Majority Report from the Committee on Ways and Means relating to H. F. No. 3840. The Majority Report on H. F. No. 3840 was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 3840 was read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 1378, 1654, 1814, 2068, 2207, 2256, 2269, 2274, 2316, 2346, 2372, 2378, 2445, 2447, 2489, 2493, 2498, 2581, 2595, 2725, 2730, 2751, 2861, 2879, 2945, 3016, 3032 and 3036 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Entenza, Wagenius, Winter, and Milbert introduced:

H. F. No. 3841, A bill for an act relating to commerce; eliminating retroactive exemption from the franchise law of agreements between air carriers; amending Laws 1997, chapter 222, section 61.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3354:

Rukavina, Kahn, Jefferson, Osskopp and Hilty.


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The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3367:

Jaros; Trimble; Clark, K.; Kubly and Gunther.

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, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 2846, A bill for an act relating to insurance; automobile; reducing premium for completion of accident prevention course; amending Minnesota Statutes 1996, section 65B.28, subdivisions 1, 2, and 4.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Mahon moved that the House concur in the Senate amendments to H. F. No. 2846 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2846, A bill for an act relating to insurance; automobile; reducing age for eligibility for premium reduction for attending accident prevention course; amending Minnesota Statutes 1996, section 65B.28, subdivisions 1, 2, and 4.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called.

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

There were 74 yeas and 58 nays as follows:

Those who voted in the affirmative were:

Abrams Farrell Johnson, R. Marko Paymar Stanek
Anderson, I. Folliard Juhnke McCollum Pelowski Tomassoni
Bakk Garcia Kahn McGuire Peterson Trimble
Biernat Greenfield Kalis Milbert Pugh Tunheim
Carlson Greiling Kelso Mullery Rest Wagenius
Chaudhary Hasskamp Kinkel Munger Rostberg Wejcman
Clark, K. Hausman Koskinen Murphy Rukavina Wenzel
Dawkins Hilty Kubly Ness Schumacher Winter
Delmont Huntley Leighton Olson, E. Sekhon Spk. Carruthers
Dorn Jaros Lieder Opatz Skare
Entenza Jefferson Long Orfield Skoglund
Erhardt Jennings Mahon Otremba, M. Slawik
Evans Johnson, A. Mariani Ozment Solberg


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Those who voted in the negative were:

Anderson, B. Dehler Knight Molnau Rifenberg Tuma
Bettermann Dempsey Knoblach Mulder Seagren Van Dellen
Bishop Erickson Kraus Nornes Seifert Vandeveer
Boudreau Finseth Krinkie Olson, M. Smith Weaver
Bradley Goodno Kuisle Osskopp Stang Westfall
Broecker Gunther Larsen Osthoff Sviggum Westrom
Clark, J. Haas Leppik Paulsen Swenson, H. Wolf
Commers Harder Lindner Pawlenty Sykora Workman
Daggett Holsten Macklin Reuter Tingelstad
Davids Kielkucki Mares Rhodes Tompkins

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 House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 668, A bill for an act relating to occupations; enacting the Industrial Hygienist and Safety Professional Title Protection Act; providing title protection to the professions of industrial hygiene and safety; proposing coding for new law as Minnesota Statutes, chapter 182A.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Seagren moved that the House concur in the Senate amendments to H. F. No. 668 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 668, A bill for an act relating to occupations; enacting the Industrial Hygienist and Safety Professional Title Protection Act; providing title protection to the professions of industrial hygiene and safety; proposing coding for new law as Minnesota Statutes, chapter 182A.

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 110 yeas and 22 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson, A. Mariani Pelowski Tingelstad
Anderson, I. Erickson Johnson, R. Marko Peterson Tomassoni
Bakk Evans Juhnke McCollum Pugh Tompkins
Bettermann Farrell Kahn McGuire Rest Trimble

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Biernat Folliard Kalis Milbert Reuter Tuma
Boudreau Garcia Kelso Molnau Rhodes Tunheim
Broecker Greenfield Kielkucki Mullery Rostberg Van Dellen
Carlson Greiling Kinkel Munger Rukavina Wagenius
Chaudhary Gunther Koskinen Murphy Schumacher Weaver
Clark, J. Haas Kraus Nornes Seagren Wejcman
Clark, K. Harder Kubly Olson, E. Sekhon Wenzel
Commers Hasskamp Larsen Opatz Skare Westrom
Daggett Hausman Leighton Orfield Skoglund Winter
Davids Hilty Leppik Osthoff Slawik Wolf
Dawkins Holsten Lieder Otremba, M. Smith Spk. Carruthers
Delmont Huntley Long Ozment Solberg
Dempsey Jaros Macklin Paulsen Stanek
Dorn Jefferson Mahon Pawlenty Stang
Entenza Jennings Mares Paymar Sykora

Those who voted in the negative were:

Anderson, B. Finseth Krinkie Ness Seifert Westfall
Bishop Goodno Kuisle Olson, M. Sviggum Workman
Bradley Knight Lindner Osskopp Swenson, H.
Dehler Knoblach Mulder Rifenberg Vandeveer

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

CALL OF THE HOUSE LIFTED

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

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. 2601, A bill for an act relating to commerce; regulating lien or claim waivers and subcontractor payments in building and construction contracts; modifying the redemption period for property sold at a mechanic's lien foreclosure sale; amending Minnesota Statutes 1996, section 514.15; Minnesota Statutes 1997 Supplement, section 337.10, subdivisions 2 and 3.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Mullery moved that the House concur in the Senate amendments to H. F. No. 2601 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2601, A bill for an act relating to commerce; regulating lien or claim waivers and subcontractor payments in building and construction contracts; modifying the redemption period for property sold at a mechanic's lien foreclosure sale; amending Minnesota Statutes 1996, section 514.15; Minnesota Statutes 1997 Supplement, section 337.10, subdivisions 2 and 3.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.


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The question was taken on the repassage of the bill and the roll was called. There were 130 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson, R. Mares Paymar Swenson, H.
Anderson, B. Erickson Juhnke Mariani Pelowski Sykora
Anderson, I. Evans Kahn Marko Peterson Tingelstad
Bakk Farrell Kalis McCollum Pugh Tomassoni
Bettermann Finseth Kelso McGuire Rest Tompkins
Biernat Folliard Kielkucki Milbert Reuter Trimble
Bishop Garcia Kinkel Molnau Rhodes Tuma
Boudreau Goodno Knight Mulder Rifenberg Tunheim
Bradley Greenfield Knoblach Mullery Rostberg Van Dellen
Broecker Greiling Koskinen Munger Rukavina Vandeveer
Carlson Gunther Kraus Murphy Schumacher Wagenius
Chaudhary Haas Krinkie Nornes Seagren Weaver
Clark, J. Harder Kubly Olson, E. Seifert Wejcman
Clark, K. Hasskamp Kuisle Olson, M. Sekhon Wenzel
Commers Hausman Larsen Opatz Skare Westfall
Daggett Hilty Leighton Orfield Skoglund Westrom
Davids Holsten Leppik Osskopp Slawik Winter
Dawkins Huntley Lieder Osthoff Smith Wolf
Dehler Jaros Lindner Otremba, M. Solberg Workman
Delmont Jefferson Long Ozment Stanek Spk. Carruthers
Dempsey Jennings Macklin Paulsen Stang
Dorn Johnson, A. Mahon Pawlenty Sviggum

Those who voted in the negative were:

Ness

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 House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 2612, A bill for an act relating to highways; designating the State Trooper Timothy J. Bowe Memorial Highway; amending Minnesota Statutes 1996, section 161.14, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Jennings moved that the House concur in the Senate amendments to H. F. No. 2612 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2612, A bill for an act relating to highways; designating the State Trooper Timothy J. Bowe Memorial Highway; amending Minnesota Statutes 1996, section 161.14, by adding a subdivision.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.


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The question was taken on the repassage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Johnson, A. Mahon Paulsen Stang
Anderson, B. Erhardt Johnson, R. Mares Pawlenty Sviggum
Anderson, I. Erickson Juhnke Mariani Paymar Swenson, H.
Bakk Evans Kahn Marko Pelowski Sykora
Bettermann Farrell Kalis McCollum Peterson Tingelstad
Biernat Finseth Kelso McGuire Pugh Tomassoni
Bishop Folliard Kielkucki Milbert Rest Tompkins
Boudreau Garcia Kinkel Molnau Reuter Trimble
Bradley Goodno Knight Mulder Rhodes Tuma
Broecker Greenfield Knoblach Mullery Rifenberg Tunheim
Carlson Greiling Koskinen Munger Rostberg Van Dellen
Chaudhary Gunther Kraus Murphy Rukavina Vandeveer
Clark, J. Haas Krinkie Ness Schumacher Wagenius
Clark, K. Harder Kubly Nornes Seagren Weaver
Commers Hasskamp Kuisle Olson, E. Seifert Wejcman
Daggett Hausman Larsen Olson, M. Sekhon Wenzel
Davids Hilty Leighton Opatz Skare Westfall
Dawkins Holsten Leppik Orfield Skoglund Westrom
Dehler Huntley Lieder Osskopp Slawik Winter
Delmont Jaros Lindner Osthoff Smith Wolf
Dempsey Jefferson Long Otremba, M. Solberg Workman
Dorn Jennings Macklin Ozment Stanek Spk. Carruthers

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 House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 3250, A resolution memorializing the President and Congress of the United States to enact the Aircraft Repair Station Safety Act of 1997.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Garcia moved that the House concur in the Senate amendments to H. F. No. 3250 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 3250, A resolution memorializing the President and Congress of the United States to enact the Aircraft Repair Station Safety Act of 1997.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.


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

Those who voted in the affirmative were:

Anderson, B. Erhardt Johnson, R. Mares Paymar Swenson, H.
Anderson, I. Erickson Juhnke Mariani Pelowski Sykora
Bakk Evans Kahn Marko Peterson Tingelstad
Bettermann Farrell Kalis McCollum Pugh Tomassoni
Biernat Finseth Kelso McGuire Rest Tompkins
Bishop Folliard Kielkucki Milbert Reuter Trimble
Boudreau Garcia Kinkel Molnau Rhodes Tuma
Bradley Goodno Knight Mulder Rifenberg Tunheim
Broecker Greenfield Knoblach Mullery Rostberg Van Dellen
Carlson Greiling Koskinen Munger Rukavina Vandeveer
Chaudhary Gunther Kraus Murphy Schumacher Wagenius
Clark, J. Haas Krinkie Ness Seagren Weaver
Clark, K. Harder Kubly Nornes Seifert Wejcman
Commers Hasskamp Kuisle Olson, E. Sekhon Wenzel
Daggett Hausman Larsen Olson, M. Skare Westfall
Davids Hilty Leighton Opatz Skoglund Westrom
Dawkins Holsten Leppik Orfield Slawik Winter
Dehler Huntley Lieder Osskopp Smith Wolf
Delmont Jaros Lindner Otremba, M. Solberg Workman
Dempsey Jefferson Long Ozment Stanek Spk. Carruthers
Dorn Jennings Macklin Paulsen Stang
Entenza Johnson, A. Mahon Pawlenty Sviggum

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

Mr. Speaker:

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

S. F. No. 2351, A bill for an act relating to natural resources; adding to and deleting from state parks; creating a new recreation area; providing for a state park permit exemption; amending Minnesota Statutes 1996, section 85.054, by adding a subdivision.

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

Messrs. Vickerman, Stumpf and Mrs. Pariseau.

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

Patrick E. Flahaven, Secretary of the Senate

Kalis 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. 2351. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 2684, 2382 and 3011.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8129

FIRST READING OF SENATE BILLS

S. F. No. 2684, A bill for an act relating to crime; providing criminal penalties for whoever violates an order for protection/minor respondent; extending a pilot program in the fourth judicial district; prohibiting violators of those orders from possessing firearms; clarifying service of notice under the harassment restraining order law; amending Minnesota Statutes 1996, section 609.748, subdivisions 3 and 4; Laws 1997, chapter 239, article 10, sections 1 and 19.

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

S. F. No. 2382, A bill for an act relating to human rights; changing a deadline for determination of complex cases; eliminating certain notice requirements; amending Minnesota Statutes 1996, sections 363.071, subdivision 1a; 363.117; and 363.14, subdivision 1.

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

S. F. No. 3011, A bill for an act relating to game and fish; prohibiting the taking of white bears; amending Minnesota statutes 1996, section 97B.411.

The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Winter from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

S. F. Nos. 2230, 1076, 2699, 2574, 2192, 2384 and 2119; H. F. No. 3297; S. F. No. 1583; H. F. No. 2814; S. F. Nos. 2608 and 3068; and H. F. Nos. 3184 and 381.

SPECIAL ORDERS

S. F. No. 2230, A bill for an act relating to human rights; modifying the definition of housing for the elderly; amending Minnesota Statutes 1996, section 363.02, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Johnson, A. Mahon Paulsen Stang
Anderson, B. Erhardt Johnson, R. Mares Pawlenty Sviggum
Anderson, I. Erickson Juhnke Mariani Paymar Swenson, H.
Bakk Evans Kahn Marko Pelowski Sykora
Bettermann Farrell Kalis McCollum Peterson Tingelstad
Biernat Finseth Kelso McGuire Pugh Tomassoni
Bishop Folliard Kielkucki Milbert Rest Tompkins
Boudreau Garcia Kinkel Molnau Reuter Trimble
Bradley Goodno Knight Mulder Rhodes Tuma
Broecker Greenfield Knoblach Mullery Rifenberg Tunheim

Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8130
Carlson Greiling Koskinen Munger Rostberg Van Dellen
Chaudhary Gunther Kraus Murphy Rukavina Vandeveer
Clark, J. Haas Krinkie Ness Schumacher Wagenius
Clark, K. Harder Kubly Nornes Seagren Weaver
Commers Hasskamp Kuisle Olson, E. Seifert Wejcman
Daggett Hausman Larsen Olson, M. Sekhon Wenzel
Davids Hilty Leighton Opatz Skare Westfall
Dawkins Holsten Leppik Orfield Skoglund Westrom
Dehler Huntley Lieder Osskopp Slawik Winter
Delmont Jaros Lindner Osthoff Smith Wolf
Dempsey Jefferson Long Otremba, M. Solberg Workman
Dorn Jennings Macklin Ozment Stanek Spk. Carruthers

The bill was passed and its title agreed to.

S. F. No. 1076 was reported to the House.

Hausman moved to amend S. F. No. 1076 as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 1306, the second engrossment:

"Section 1. [62Q.525] [COVERAGE FOR OFF-LABEL DRUG USE.]

Subdivision 1. [SCOPE OF COVERAGE.] This section applies to all health plans, including the coverages described in section 62A.011, subdivision 3, clauses (7) and (10), that are issued or renewed to a Minnesota resident.

Subd. 2. [DEFINITIONS.] (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.

(b) "Medical literature" means articles from major peer reviewed medical journals that have recognized the drug or combination of drugs' safety and effectiveness for treatment of the indication for which it has been prescribed. Each article shall meet the uniform requirements for manuscripts submitted to biomedical journals established by the international committee of medical journal editors or be published in a journal specified by the United States Secretary of Health and Human Services pursuant to United States Code, title 42, section 1395x, paragraph (t), clause (2), item (B), as amended, as acceptable peer review medical literature. Each article must use generally acceptable scientific standards and must not use case reports to satisfy this criterion.

(c) "Off-label use of drugs" means when drugs are prescribed for treatments other than those stated in the labeling approved by the federal Food and Drug Administration.

(d) "Standard reference compendia" means:

(1) the United States Pharmacopeia Drug Information; or

(2) the American Hospital Formulary Service Drug Information.

Subd. 3. [REQUIRED COVERAGE.] (a) Every type of coverage included in subdivision 1 that provides coverage for drugs may not exclude coverage of a drug for the treatment of cancer on the ground that the drug has not been approved by the federal Food and Drug Administration for the treatment of cancer if the drug is recognized for treatment of cancer in one of the standard reference compendia or in one article in the medical literature, as defined in subdivision 2.

(b) Coverage of a drug required by this subdivision includes coverage of medically necessary services directly related to and required for appropriate administration of the drug.


Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8131

(c) Coverage required by this subdivision does not include coverage of a drug not listed on the formulary of the coverage included in subdivision 1.

(d) Coverage of a drug required under this subdivision must not be subject to any copayment, coinsurance, deductible, or other enrollee cost-sharing greater than the coverage included in subdivision 1 applies to other drugs.

(e) The commissioner of commerce or health, as appropriate, may direct a person that issues coverage included in subdivision 1 to make payments required by this section.

Subd. 4. [CONSTRUCTION.] This section must not be construed to:

(1) alter existing law limiting the coverage of drugs that have not been approved by the federal Food and Drug Administration;

(2) require coverage for any drug when the federal Food and Drug Administration has determined its use to be contraindicated;

(3) require coverage for experimental drugs not otherwise approved for any indication by the federal Food and Drug Administration; or

(4) reduce or limit coverage for off-label use of drugs otherwise required by law or contract.

Sec. 2. [EFFECTIVE DATE; APPLICATION.]

Section 1 is effective January 1, 1999, and applies to coverage issued or renewed on or after that date."

The motion prevailed and the amendment was adopted.

S. F. No. 1076, A bill for an act relating to health; requiring health plan coverage for off-label use of drugs; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Johnson, A. Mahon Paulsen Stang
Anderson, B. Erhardt Johnson, R. Mares Pawlenty Sviggum
Anderson, I. Erickson Juhnke Mariani Paymar Swenson, H.
Bakk Evans Kahn Marko Pelowski Sykora
Bettermann Farrell Kalis McCollum Peterson Tingelstad
Biernat Finseth Kelso McGuire Pugh Tomassoni
Bishop Folliard Kielkucki Milbert Rest Tompkins
Boudreau Garcia Kinkel Molnau Reuter Trimble
Bradley Goodno Knight Mulder Rhodes Tuma
Broecker Greenfield Knoblach Mullery Rifenberg Tunheim
Carlson Greiling Koskinen Munger Rostberg Van Dellen
Chaudhary Gunther Kraus Murphy Rukavina Vandeveer
Clark, J. Haas Krinkie Ness Schumacher Wagenius
Clark, K. Harder Kubly Nornes Seagren Weaver

Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8132
Commers Hasskamp Kuisle Olson, E. Seifert Wejcman
Daggett Hausman Larsen Olson, M. Sekhon Wenzel
Davids Hilty Leighton Opatz Skare Westfall
Dawkins Holsten Leppik Orfield Skoglund Westrom
Dehler Huntley Lieder Osskopp Slawik Winter
Delmont Jaros Lindner Osthoff Smith Wolf
Dempsey Jefferson Long Otremba, M. Solberg Workman
Dorn Jennings Macklin Ozment Stanek Spk. Carruthers

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

The Speaker called Wejcman to the Chair.

S. F. No. 2699 was reported to the House.

Sviggum moved to amend S. F. No. 2699 as follows:

Page 2, line 14, before the period insert ", if it is proven through demonstration projects that this approach does increase the number of working disabled adults without significantly increasing costs to federal or state government"

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

S. F. No. 2699, A resolution memorializing the Congress of the United States to remove Medicaid policy barriers to employment for people with disabilities.

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 118 yeas and 9 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Erickson Johnson, A. Mahon Paulsen Stanek
Bakk Evans Johnson, R. Mares Pawlenty Stang
Bettermann Farrell Juhnke Mariani Paymar Sviggum
Biernat Finseth Kahn Marko Pelowski Swenson, H.
Bishop Folliard Kalis McCollum Peterson Sykora
Boudreau Garcia Kelso McGuire Pugh Tingelstad
Bradley Goodno Kielkucki Milbert Rest Tomassoni
Broecker Greenfield Kinkel Molnau Reuter Tompkins
Carlson Greiling Knoblach Mulder Rhodes Trimble
Chaudhary Gunther Koskinen Mullery Rostberg Tuma
Clark, J. Haas Kraus Munger Rukavina Tunheim
Clark, K. Harder Kubly Murphy Schumacher Vandeveer
Commers Hasskamp Kuisle Ness Seagren Wagenius
Daggett Hausman Larsen Nornes Seifert Wejcman
Dawkins Hilty Leighton Olson, E. Sekhon Wenzel
Delmont Holsten Leppik Opatz Skare Westfall
Dempsey Huntley Lieder Orfield Skoglund Winter
Dorn Jaros Lindner Osskopp Slawik Spk. Carruthers
Entenza Jefferson Long Otremba, M. Smith
Erhardt Jennings Macklin Ozment Solberg

Those who voted in the negative were:

Davids Knight Olson, M. Van Dellen Workman
Dehler Krinkie Rifenberg Wolf

The bill was passed and its title agreed to.


Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8133

S. F. No. 2574, A bill for an act relating to regional development commissions; authorizing the headwaters regional development commission to establish a nonprofit housing corporation; proposing coding for new law in Minnesota Statutes, chapter 462.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Johnson, A. Mares Pawlenty Sviggum
Anderson, B. Erhardt Johnson, R. Mariani Paymar Swenson, H.
Anderson, I. Erickson Juhnke Marko Pelowski Sykora
Bakk Evans Kahn McCollum Peterson Tingelstad
Bettermann Farrell Kalis McGuire Pugh Tomassoni
Biernat Finseth Kielkucki Milbert Rest Tompkins
Bishop Folliard Kinkel Molnau Reuter Trimble
Boudreau Garcia Knight Mulder Rhodes Tuma
Bradley Goodno Knoblach Mullery Rifenberg Tunheim
Broecker Greenfield Koskinen Munger Rostberg Van Dellen
Carlson Greiling Kraus Murphy Rukavina Vandeveer
Chaudhary Gunther Krinkie Ness Schumacher Wagenius
Clark, J. Haas Kubly Nornes Seagren Weaver
Clark, K. Harder Kuisle Olson, E. Seifert Wejcman
Commers Hasskamp Larsen Olson, M. Sekhon Wenzel
Daggett Hausman Leighton Opatz Skare Westfall
Davids Hilty Leppik Orfield Skoglund Westrom
Dawkins Holsten Lieder Osskopp Slawik Winter
Dehler Huntley Lindner Osthoff Smith Wolf
Delmont Jaros Long Otremba, M. Solberg Workman
Dempsey Jefferson Macklin Ozment Stanek Spk. Carruthers
Dorn Jennings Mahon Paulsen Stang

The bill was passed and its title agreed to.

S. F. No. 2192 was reported to the House.

Harder, Rest and Erhardt moved to amend S. F. No. 2192 as follows:

Page 1, line 21, after "subdivision" insert "until July 1, 1999"

The motion prevailed and the amendment was adopted.

Kahn offered an amendment to S. F. No. 2192, as amended.

POINT OF ORDER

Abrams raised a point of order pursuant to rule 3.09 that the Kahn amendment was not in order. Speaker pro tempore Wejcman ruled the point of order well taken and the Kahn amendment out of order.


Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8134

Kahn moved to amend S. F. No. 2192, as amended, as follows:

Page 3, line 13, delete "not"

A roll call was requested and properly seconded.

The question was taken on the Kahn amendment and the roll was called. There were 33 yeas and 96 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Greiling Koskinen Milbert Pugh Wagenius
Clark, K. Hausman Long Mullery Sekhon Wejcman
Dawkins Hilty Mahon Orfield Skoglund Winter
Entenza Jefferson Mariani Osthoff Slawik
Farrell Kahn McCollum Otremba, M. Solberg
Greenfield Kalis McGuire Paymar Trimble

Those who voted in the negative were:

Abrams Delmont Jaros Leppik Pawlenty Sviggum
Anderson, B. Dempsey Jennings Lieder Pelowski Swenson, H.
Bakk Dorn Johnson, A. Lindner Peterson Sykora
Bettermann Erhardt Johnson, R. Macklin Rest Tingelstad
Biernat Erickson Juhnke Mares Reuter Tomassoni
Bishop Evans Kelso Marko Rhodes Tompkins
Boudreau Finseth Kielkucki Molnau Rifenberg Tuma
Bradley Folliard Kinkel Mulder Rostberg Tunheim
Broecker Garcia Knight Ness Rukavina Van Dellen
Carlson Goodno Knoblach Nornes Schumacher Vandeveer
Chaudhary Gunther Kraus Olson, E. Seagren Weaver
Clark, J. Haas Krinkie Olson, M. Seifert Wenzel
Commers Harder Kubly Opatz Skare Westfall
Daggett Hasskamp Kuisle Osskopp Smith Westrom
Davids Holsten Larsen Ozment Stanek Wolf
Dehler Huntley Leighton Paulsen Stang Workman

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

S. F. No. 2192, A bill for an act relating to corporations; clarifying the application of certain statutory requirements for corporations created by political subdivisions; authorizing the ratification of a nonprofit corporation by Brown county; amending Minnesota Statutes 1997 Supplement, section 465.715, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson, R. Mares Pawlenty Sviggum
Anderson, B. Erickson Juhnke Mariani Paymar Swenson, H.

Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8135
Anderson, I. Evans Kahn Marko Pelowski Sykora
Bakk Farrell Kalis McCollum Peterson Tingelstad
Bettermann Finseth Kelso McGuire Pugh Tomassoni
Biernat Folliard Kielkucki Milbert Rest Tompkins
Bishop Garcia Kinkel Molnau Reuter Trimble
Boudreau Goodno Knight Mulder Rhodes Tuma
Bradley Greenfield Knoblach Mullery Rifenberg Tunheim
Broecker Greiling Koskinen Munger Rostberg Van Dellen
Carlson Gunther Kraus Murphy Rukavina Vandeveer
Clark, J. Haas Krinkie Ness Schumacher Wagenius
Clark, K. Harder Kubly Nornes Seagren Weaver
Commers Hasskamp Kuisle Olson, E. Seifert Wejcman
Daggett Hausman Larsen Olson, M. Sekhon Wenzel
Davids Hilty Leighton Opatz Skare Westfall
Dawkins Holsten Leppik Orfield Skoglund Westrom
Dehler Huntley Lieder Osskopp Slawik Winter
Delmont Jaros Lindner Osthoff Smith Wolf
Dempsey Jefferson Long Otremba, M. Solberg Workman
Dorn Jennings Macklin Ozment Stanek Spk. Carruthers
Entenza Johnson, A. Mahon Paulsen Stang

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

S. F. No. 2384 was reported to the House.

Jennings moved to amend S. F. No. 2384, the unofficial engrossment, as follows:

Page 4, line 17, delete "0.0264" and insert "0.264"

Page 4, line 22, after the perioed, insert "Section 5 is effective the day following final enactment."

The motion prevailed and the amendment was adopted.

S. F. No. 2384, A bill for an act relating to Chisago county; permitting the appointment of the county recorder.

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 116 yeas and 13 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Jennings Mares Paulsen Tingelstad
Anderson, I. Erhardt Johnson, A. Mariani Pawlenty Tomassoni
Bakk Erickson Johnson, R. Marko Paymar Tompkins
Bettermann Evans Juhnke McCollum Pelowski Trimble

Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8136
Biernat Farrell Kahn McGuire Peterson Tuma
Bishop Finseth Kalis Milbert Pugh Tunheim
Boudreau Folliard Kelso Molnau Rest Vandeveer
Bradley Garcia Kielkucki Mulder Rhodes Wagenius
Broecker Goodno Kinkel Mullery Rostberg Weaver
Carlson Greenfield Knoblach Munger Rukavina Wejcman
Chaudhary Greiling Koskinen Murphy Schumacher Wenzel
Clark, J. Gunther Kraus Ness Seagren Westfall
Clark, K. Haas Kubly Nornes Skare Winter
Commers Harder Leighton Olson, E. Skoglund Wolf
Daggett Hasskamp Leppik Opatz Slawik Workman
Dawkins Hausman Lieder Orfield Smith Spk. Carruthers
Dehler Hilty Lindner Osskopp Solberg
Delmont Holsten Long Osthoff Stanek
Dempsey Huntley Macklin Otremba, M. Stang
Dorn Jefferson Mahon Ozment Sykora

Those who voted in the negative were:

Anderson, B. Krinkie Olson, M. Seifert Westrom
Davids Kuisle Reuter Sviggum
Knight Larsen Rifenberg Swenson, H.

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

S. F. No. 2119 was reported to the House.

Jennings moved that S. F. No. 2119 be continued on Special Orders. The motion prevailed.

H. F. No. 3297 was reported to the House.

Long moved that H. F. No. 3297 be continued on Special Orders. The motion prevailed.

S. F. No. 1583, A bill for an act relating to state government; setting state policy for regulatory rules and programs of agencies; regulating obsolete, unnecessary, or duplicative rules; amending Minnesota Statutes 1996, sections 14.05, subdivision 5; and 14.131; proposing coding for new law in Minnesota Statutes, chapter 14.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Johnson, A. Mahon Paulsen Stang
Anderson, B. Erhardt Johnson, R. Mares Pawlenty Sviggum
Anderson, I. Erickson Juhnke Mariani Paymar Swenson, H.
Bakk Evans Kahn Marko Pelowski Sykora

Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8137
Bettermann Farrell Kalis McCollum Peterson Tingelstad
Biernat Finseth Kelso McGuire Pugh Tomassoni
Bishop Folliard Kielkucki Milbert Rest Tompkins
Boudreau Garcia Kinkel Molnau Reuter Trimble
Bradley Goodno Knight Mulder Rhodes Tuma
Broecker Greenfield Knoblach Mullery Rifenberg Tunheim
Carlson Greiling Koskinen Munger Rostberg Van Dellen
Chaudhary Gunther Kraus Murphy Rukavina Vandeveer
Clark, J. Haas Krinkie Ness Schumacher Wagenius
Clark, K. Harder Kubly Nornes Seagren Weaver
Commers Hasskamp Kuisle Olson, E. Seifert Wejcman
Daggett Hausman Larsen Olson, M. Sekhon Wenzel
Davids Hilty Leighton Opatz Skare Westfall
Dawkins Holsten Leppik Orfield Skoglund Westrom
Dehler Huntley Lieder Osskopp Slawik Winter
Delmont Jaros Lindner Osthoff Smith Wolf
Dempsey Jefferson Long Otremba, M. Solberg Workman
Dorn Jennings Macklin Ozment Stanek Spk. Carruthers

The bill was passed and its title agreed to.

H. F. No. 2814, A bill for an act relating to health; regulating coverage of durable medical equipment; requiring disclosure of covered medical equipment and supplies; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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:

Abrams Entenza Johnson, A. Mahon Pawlenty Swenson, H.
Anderson, B. Erhardt Johnson, R. Mares Paymar Sykora
Anderson, I. Erickson Juhnke Mariani Pelowski Tingelstad
Bakk Evans Kahn Marko Peterson Tomassoni
Bettermann Farrell Kalis McCollum Pugh Tompkins
Biernat Finseth Kelso McGuire Rest Trimble
Bishop Folliard Kielkucki Milbert Reuter Tuma
Boudreau Garcia Kinkel Molnau Rhodes Tunheim
Bradley Goodno Knight Mulder Rifenberg Van Dellen
Broecker Greenfield Knoblach Mullery Rostberg Vandeveer
Carlson Greiling Koskinen Munger Rukavina Wagenius
Chaudhary Gunther Kraus Murphy Schumacher Weaver
Clark, J. Haas Krinkie Nornes Seagren Wejcman
Clark, K. Harder Kubly Olson, E. Seifert Wenzel
Commers Hasskamp Kuisle Olson, M. Skare Westfall
Daggett Hausman Larsen Opatz Skoglund Westrom
Davids Hilty Leighton Orfield Slawik Winter
Dawkins Holsten Leppik Osskopp Smith Wolf
Dehler Huntley Lieder Osthoff Solberg Workman
Delmont Jaros Lindner Otremba, M. Stanek Spk. Carruthers
Dempsey Jefferson Long Ozment Stang
Dorn Jennings Macklin Paulsen Sviggum

The bill was passed and its title agreed to.

S. F. No. 2608, A bill for an act relating to insurance; providing basic Medicare supplement plan coverage for diabetes equipment and supplies; increasing the maximum lifetime benefit for policies of the comprehensive health insurance plan; amending Minnesota Statutes 1996, section 62E.12; and Minnesota Statutes 1997 Supplement, section 62A.316.

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 124 yeas and 6 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Johnson, A. Mariani Pawlenty Stang
Anderson, I. Erhardt Johnson, R. Marko Paymar Sviggum
Bakk Erickson Juhnke McCollum Pelowski Swenson, H.
Bettermann Farrell Kahn McGuire Peterson Tingelstad
Biernat Finseth Kalis Milbert Pugh Tomassoni
Bishop Folliard Kelso Molnau Rest Tompkins
Boudreau Garcia Kielkucki Mulder Reuter Trimble
Bradley Goodno Kinkel Mullery Rhodes Tuma
Broecker Greenfield Knoblach Munger Rifenberg Tunheim
Carlson Greiling Koskinen Murphy Rostberg Vandeveer
Chaudhary Gunther Kraus Ness Rukavina Weaver
Clark, J. Haas Krinkie Nornes Schumacher Wejcman
Clark, K. Harder Kubly Olson, E. Seagren Wenzel
Commers Hasskamp Leighton Olson, M. Seifert Westfall
Daggett Hausman Leppik Opatz Sekhon Westrom
Davids Hilty Lieder Orfield Skare Winter
Dawkins Holsten Lindner Osskopp Skoglund Wolf
Dehler Huntley Long Osthoff Slawik Workman

Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8138
Delmont Jaros Macklin Otremba, M. Smith Spk. Carruthers
Dempsey Jefferson Mahon Ozment Solberg
Dorn Jennings Mares Paulsen Stanek

Those who voted in the negative were:

Anderson, B. Knight Kuisle Larsen Sykora Van Dellen

The bill was passed and its title agreed to.

S. F. No. 3068, A bill for an act relating to workers' compensation; correcting an appropriation error; modifying reporting requirements; eliminating certain reimbursement requirements; amending Minnesota Statutes 1996, sections 176.183, subdivision 2; 176.231, subdivisions 2 and 7; and 176.305, subdivisions 1 and 2; Laws 1997, chapter 200, article 1, section 12, subdivision 5.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson, R. Mariani Pelowski Sykora
Anderson, I. Erickson Juhnke Marko Peterson Tingelstad
Bakk Evans Kahn McCollum Pugh Tomassoni
Bettermann Farrell Kalis McGuire Rest Tompkins
Biernat Finseth Kelso Milbert Reuter Trimble
Bishop Folliard Kielkucki Molnau Rhodes Tuma
Boudreau Garcia Kinkel Mulder Rifenberg Tunheim
Bradley Goodno Knoblach Mullery Rostberg Van Dellen
Broecker Greenfield Koskinen Munger Rukavina Vandeveer
Carlson Greiling Kraus Murphy Schumacher Wagenius
Chaudhary Gunther Krinkie Ness Seagren Weaver
Clark, J. Haas Kubly Nornes Seifert Wejcman
Clark, K. Harder Kuisle Olson, E. Sekhon Wenzel
Commers Hasskamp Larsen Olson, M. Skare Westfall
Daggett Hausman Leighton Opatz Skoglund Westrom
Davids Hilty Leppik Osskopp Slawik Winter
Dawkins Holsten Lieder Osthoff Smith Wolf
Dehler Huntley Lindner Otremba, M. Solberg Workman
Delmont Jaros Long Ozment Stanek Spk. Carruthers
Dempsey Jefferson Macklin Paulsen Stang
Dorn Jennings Mahon Pawlenty Sviggum
Entenza Johnson, A. Mares Paymar Swenson, H.


Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8139

Those who voted in the negative were:

Anderson, B.Knight

The bill was passed and its title agreed to.

H. F. No. 3184, A bill for an act relating to health; providing for voluntary reporting of alcohol abuse by a pregnant woman; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 626.

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:

Abrams Entenza Johnson, A. Mahon Paymar Swenson, H.
Anderson, B. Erhardt Johnson, R. Mares Pelowski Sykora
Anderson, I. Erickson Juhnke Mariani Peterson Tingelstad
Bakk Evans Kahn Marko Pugh Tomassoni
Bettermann Farrell Kalis McCollum Rest Tompkins
Biernat Finseth Kelso McGuire Reuter Trimble
Bishop Folliard Kielkucki Milbert Rhodes Tuma
Boudreau Garcia Kinkel Molnau Rifenberg Tunheim
Bradley Goodno Knight Mulder Rostberg Van Dellen
Broecker Greenfield Knoblach Mullery Rukavina Vandeveer
Carlson Greiling Koskinen Munger Schumacher Wagenius
Chaudhary Gunther Kraus Murphy Seagren Weaver
Clark, J. Haas Krinkie Nornes Seifert Wejcman
Clark, K. Harder Kubly Olson, E. Sekhon Wenzel
Commers Hasskamp Kuisle Olson, M. Skare Westfall
Daggett Hausman Larsen Opatz Skoglund Westrom
Davids Hilty Leighton Osskopp Slawik Winter
Dawkins Holsten Leppik Osthoff Smith Wolf
Dehler Huntley Lieder Otremba, M. Solberg Workman
Delmont Jaros Lindner Ozment Stanek Spk. Carruthers
Dempsey Jefferson Long Paulsen Stang
Dorn Jennings Macklin Pawlenty Sviggum

The bill was passed and its title agreed to.

Winter moved that the remaining bills on Special Orders for today be continued. The motion prevailed.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10 Solberg requested immediate consideration of H. F. No. 3068.

H. F. No. 3068 was reported to the House.

Krinkie moved to amend H. F. No. 3068, the second engrossment, as follows:

Page 7, line 4, delete "(a)"


Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8140

Page 7, line 7, delete "ratified" and insert "rejected, and must cease being paid"

Page 7, delete lines 8 to 11

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called. There were 58 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Kielkucki Mulder Reuter Tompkins
Anderson, B. Erickson Knight Nornes Rifenberg Trimble
Bradley Finseth Knoblach Olson, M. Rostberg Tuma
Broecker Greiling Kraus Osskopp Rukavina Van Dellen
Chaudhary Gunther Krinkie Otremba, M. Schumacher Vandeveer
Clark, J. Haas Kuisle Paulsen Seifert Westfall
Commers Harder Larsen Pawlenty Sekhon Westrom
Davids Hasskamp Lindner Paymar Stang Workman
Dehler Hausman Marko Pelowski Swenson, H.
Dorn Holsten McGuire Peterson Tingelstad

Those who voted in the negative were:

Anderson, I. Folliard Kahn Mares Osthoff Sviggum
Bakk Garcia Kalis Mariani Ozment Sykora
Bettermann Goodno Kelso McCollum Pugh Tomassoni
Biernat Greenfield Kinkel Milbert Rest Tunheim
Bishop Hilty Koskinen Molnau Rhodes Wagenius
Boudreau Huntley Kubly Mullery Seagren Weaver
Carlson Jaros Leighton Munger Skare Wejcman
Daggett Jefferson Leppik Murphy Skoglund Wenzel
Dawkins Jennings Lieder Ness Slawik Winter
Delmont Johnson, A. Long Olson, E. Smith Wolf
Dempsey Johnson, R. Macklin Opatz Solberg Spk. Carruthers
Evans Juhnke Mahon Orfield Stanek

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

The Speaker resumed the Chair.

Pelowski moved to amend H. F. No. 3068, the second engrossment, as follows:

Page 6, delete lines 31 to 35

Page 6, line 36, delete "12" and insert "11"

Page 7, line 4, delete "13" and insert "12"

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 - 88th Day - Tuesday, March 10, 1998 - Top of Page 8141

The question was taken on the Pelowski amendment and the roll was called. There were 97 yeas and 33 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson, R. Marko Pugh Tingelstad
Anderson, B. Erickson Juhnke McCollum Rest Tomassoni
Anderson, I. Evans Kahn McGuire Reuter Tompkins
Bakk Farrell Kalis Milbert Rhodes Trimble
Biernat Finseth Kelso Mulder Rifenberg Tunheim
Bishop Folliard Kielkucki Mullery Rostberg Van Dellen
Bradley Garcia Kinkel Munger Rukavina Wejcman
Carlson Greenfield Knight Murphy Schumacher Wenzel
Chaudhary Greiling Koskinen Ness Seagren Westfall
Clark, J. Gunther Kraus Olson, E. Seifert Westrom
Clark, K. Haas Krinkie Opatz Sekhon Winter
Commers Harder Kubly Orfield Skare Spk. Carruthers
Davids Hasskamp Kuisle Osthoff Skoglund
Dehler Holsten Leighton Otremba, M. Slawik
Delmont Huntley Leppik Pawlenty Solberg
Dorn Jefferson Lieder Pelowski Stanek
Entenza Jennings Long Peterson Stang

Those who voted in the negative were:

Bettermann Goodno Lindner Nornes Smith Weaver
Boudreau Hilty Macklin Olson, M. Sviggum Wolf
Broecker Jaros Mahon Osskopp Swenson, H. Workman
Daggett Johnson, A. Mares Ozment Sykora
Dawkins Knoblach Mariani Paulsen Tuma
Dempsey Larsen Molnau Paymar Vandeveer

The motion prevailed and the amendment was adopted.

H. F. No. 3068, A bill for an act relating to state employment; modifying salary provisions for certain officials; setting conditions for advancing employees within a compensation plan or to exceed the salary of an agency head; providing an early retirement incentive for certain employees of the bureau of criminal apprehension; ratifying certain labor agreements; ratifying certain plans and proposals; amending Minnesota Statutes 1997 Supplement, sections 15A.0815, subdivision 3; 43A.17, subdivision 3; and 298.22, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 43A.

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 101 yeas and 29 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Jennings Mariani Paymar Stang
Anderson, I. Erhardt Johnson, A. Marko Pelowski Sviggum
Bakk Evans Johnson, R. McGuire Peterson Swenson, H.
Bettermann Farrell Juhnke Milbert Pugh Sykora
Biernat Finseth Kahn Molnau Rest Tomassoni
Bishop Folliard Kalis Mullery Rhodes Trimble
Boudreau Garcia Kelso Munger Rostberg Tunheim
Bradley Goodno Kinkel Murphy Rukavina Vandeveer
Carlson Greenfield Koskinen Ness Schumacher Wagenius

Journal of the House - 88th Day - Tuesday, March 10, 1998 - Top of Page 8142
Chaudhary Greiling Kubly Nornes Seagren Weaver
Clark, K. Gunther Leighton Olson, E. Sekhon Wejcman
Daggett Hasskamp Leppik Opatz Skare Wenzel
Dawkins Hilty Lieder Orfield Skoglund Westfall
Dehler Holsten Long Osthoff Slawik Winter
Delmont Huntley Macklin Otremba, M. Smith Wolf
Dempsey Jaros Mahon Ozment Solberg Spk. Carruthers
Dorn Jefferson Mares Pawlenty Stanek

Those who voted in the negative were:

Anderson, B. Erickson Knoblach Lindner Reuter Tuma
Broecker Haas Kraus Mulder Rifenberg Van Dellen
Clark, J. Harder Krinkie Olson, M. Seifert Westrom
Commers Kielkucki Kuisle Osskopp Tingelstad Workman
Davids Knight Larsen Paulsen Tompkins

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

GENERAL ORDERS

Winter moved that the bills on General Orders for today be continued. The motion prevailed.

MOTIONS AND RESOLUTIONS

Anderson, I., moved that his name be stricken as an author on H. F. No. 3835. The motion prevailed.

Rest moved that H. F. No. 709 be returned to its author. The motion prevailed.

Bakk moved that H. F. No. 2404 be returned to its author. The motion prevailed.

Dawkins moved that H. F. No. 3277 be returned to its author. The motion prevailed.

Ozment moved that H. F. No. 3615 be returned to its author. The motion prevailed.

Murphy moved that H. F. No. 3659 be returned to its author. The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2874:

Kelso, Greiling, Biernat, Leighton and Dempsey.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3345:

Murphy, Skoglund, Pugh, Entenza and Larsen.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 9:30 a.m., Wednesday, March 11, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Wednesday, March 11, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives