STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
NINETY-FIRST DAY
Saint Paul, Minnesota, Wednesday, April 14,
2004
The House of Representatives convened at 12:00 noon and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lois Ball, United Methodist
Churches, Erskine and Fosston, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Anderson, J.; Biernat, Dorman; Harder; Larson; Olsen, S., and
Powell were excused.
The Chief Clerk proceeded to read the Journals of the preceding
days. Pelowski moved that further
reading of the Journals be suspended and that the Journals be approved as
corrected by the Chief Clerk. The
motion prevailed.
REPORTS
OF STANDING COMMITTEES
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 804, A bill for an act relating to traffic regulations;
regulating gross weights on vehicles and combinations hauling raw or unfinished
forest products under certain circumstances; amending Minnesota Statutes 2003
Supplement, sections 168.013, subdivision 3; 169.86, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapter 169.
Reported the same back with the following amendments:
Page 9, line 8, after the period, insert "The fee under
this paragraph must be deposited as follows:
(1) In fiscal years 2005 through 2010:
(i) The first $50,000 in each fiscal year must be deposited
in the trunk highway fund.
(ii) All remaining money in each fiscal year must be
deposited in a bridge inspection and signing account in the special revenue
fund. Money in the account is
appropriated to the commissioner for:
(A) inspection of local bridges and identification of local
bridges to be posted, including contracting with a consultant for some or all
of these functions; and
(B) erection of weight posting signs on local bridges.
(2) In fiscal year 2011 and subsequent years, all fees under
this paragraph must be deposited in the trunk highway fund."
Amend the title as follows:
Page 1, line 5, after the semicolon, insert "appropriating
money;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2199, A bill for an act relating to the State
Lottery; amending provisions relating to the director; providing for review and
approval of lottery budget; creating a task force and requiring a report;
amending Minnesota Statutes 2002, sections 15A.081, subdivision 8; 349A.02,
subdivision 1; 349A.10, subdivision 6; 349A.15; Laws 2003, First Special
Session chapter 1, article 1, section 23; repealing Minnesota Statutes 2002,
section 349A.02, subdivision 2.
Reported the same back with the following amendments:
Page 2, line 12, delete "biannual" and insert
"biennial"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2212, A bill for an act relating to natural
resources; modifying electronic licensing provisions; clarifying certain wild
rice provisions; modifying disposition of certain proceeds; modifying
snowmobile training and operating requirements; modifying certain fee
provisions; eliminating RIM work plan requirement; modifying reporting
requirements; modifying motorboat equipment and noise provisions; modifying
provisions for cross-country ski passes; providing for certain refunds, fees,
and commissions; modifying authority to issue and sell licenses and appoint
agents; modifying nonresident minnow transport requirements; providing for
rulemaking; appropriating money; amending Minnesota Statutes 2002, sections
84.027, subdivision 15; 84.091, subdivision 1; 84.83, subdivision 2; 84.86,
subdivision 1; 84.862, subdivisions 1, 3; 84.872, subdivision 1; 85.41,
subdivisions 2, 4, 5; 85.43; 86B.321, subdivision 2; 86B.521, subdivisions 1,
2; 97A.055, subdivision 4; 97A.311, by adding a subdivision; 97A.434,
subdivision 3; 97A.4742, subdivision 4; 97A.485, subdivisions 3, 4, 5, 7, 11;
97C.501, subdivision 4; 97C.525, subdivisions 3, 5; Minnesota Statutes 2003 Supplement,
sections 84.862, subdivision 2a; 97A.475, subdivision 26; 97A.485, subdivision
6; 103G.615, subdivision 2; repealing Minnesota Statutes 2002, sections 84.862,
subdivision 2; 84.95, subdivision 3; 97A.485, subdivisions 2, 8, 10; Minnesota
Statutes 2003 Supplement, section 97A.475, subdivision 28.
Reported the same back with the following amendments:
Page 7, after line 10, insert:
"Sec. 9. Minnesota
Statutes 2002, section 84.9257, is amended to read:
84.9257 [PASSENGERS.]
(a) A parent or guardian may operate an all-terrain vehicle
carrying one passenger who is under 16 years of age and who wears a safety
helmet approved by the commissioner of public safety.
(b) For the purpose of this section, "guardian" means
a legal guardian of a person under age 16, or a person 18 or older who has been
authorized by the parent or legal guardian to supervise the person under age
16.
(c) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 16 or 17 years of age and
wears a safety helmet approved by the commissioner of public safety.
(d) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 18 years of age or older.
Sec. 10. Minnesota
Statutes 2002, section 84.928, subdivision 2, is amended to read:
Subd. 2. [OPERATION
GENERALLY.] A person may not drive or operate an all-terrain vehicle:
(1) at a rate of speed greater than reasonable or proper under
the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to
endanger or to cause injury or damage to the person or property of another;
(3) without headlight and taillight lighted at all times if the
vehicle is equipped with headlight and taillight;
(4) without a functioning stoplight if so equipped;
(5) in a tree nursery or planting in a manner that damages or
destroys growing stock;
(6) without a brake operational by either hand or foot;
(7) with more persons than one person on the
vehicle than it was designed for, except as allowed under section
84.9257;
(8) at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person not on an all-terrain
vehicle or within 100 feet of a fishing shelter; or
(9) in a manner that violates operation rules adopted by the
commissioner."
Page 15, line 21, strike "retain" and insert "deposit
in the game and fish fund and the natural resources fund"
Page 17, line 36, delete "13" and insert
"15"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 6, after "requirements;" insert
"providing for operation of all-terrain vehicles with passengers;"
Page 1, line 18, after "1;" insert "84.9257;
84.928, subdivision 2;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2246, A bill for an act relating to health; modifying
the nursing facility survey process; establishing a quality improvement
program; requiring annual quality improvement reports; requiring the
commissioner of health to seek federal waivers and approvals; amending
Minnesota Statutes 2002, sections 144A.10, subdivision 1a, by adding a
subdivision; 256.01, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 144A.
Reported the same back with the following amendments:
Page 3, line 2, delete "and" and insert:
"(7) compliance with timelines for providing facilities
with completed statements of deficiencies; and"
Page 3, line 3, delete "(7)" and insert "(8)"
Page 3, line 20, delete "(Form 2567s)"
Page 3, line 22, delete "ten calendar" and
insert "15 working"
Page 3, line 30, after the period, insert "A facility
requesting formal surveyor notes must agree to pay the commissioner for the
cost of copying and redacting."
Page 4, line 2, after "site" insert "using
a method that clearly identifies for consumers which citations are under
dispute"
Page 4, line 4, delete "ten" and insert "15"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2368, A bill for an act relating to game and fish;
modifying game and migratory waterfowl refuge provisions; providing for
suspension of game and fish license and permit privileges under certain
circumstances; modifying certain hearing provisions; modifying certain game
license provisions; modifying shooting hours for migratory game birds;
authorizing a hunting season for mourning doves; requiring reports; modifying
deer hunting provisions and fees; modifying restriction on importation of
cervidae carcasses; modifying restriction on the transport of game birds; clarifying
validity of firearms safety certificates issued to youth; providing for certain
trapping by nonresidents; modifying turtle license requirements; eliminating
prohibition on the use of vehicles for trapping beaver and otter; amending
Minnesota Statutes 2002, sections 97A.015, subdivisions 24, 52; 97A.085,
subdivisions 2, 3, 4; 97A.095, subdivisions 1, 2; 97A.420, subdivision 4;
97A.421, by adding a subdivision; 97A.435, subdivision 4; 97A.475, subdivision
20; 97A.545, subdivision 5; 97B.015, subdivision 5; 97B.075; 97B.301,
subdivisions 6, 7; 97B.601, subdivision 3, by adding a subdivision; 97B.721;
Minnesota Statutes 2003 Supplement, sections 97A.475, subdivision 2; 97A.505,
subdivision 8; 97C.605, subdivision 2c; proposing coding for new law in Minnesota
Statutes, chapter 97B; repealing Minnesota Statutes 2002, sections 97B.731,
subdivision 2; 97B.935.
Reported the same back with the following amendments:
Page 5, after line 30, insert:
"Sec. 11.
Minnesota Statutes 2002, section 97A.465, is amended by adding a
subdivision to read:
Subd. 5.
[QUALIFIED SERVICE MEMBER OR VETERAN PREFERENCE.] (a) For purposes of
this subdivision, "qualified service member or veteran" means any
Minnesota resident who is currently serving, or has served at any time during
the past 24 months, in active military service as a member of the United States
armed forces, including the National Guard or other military reserves.
(b) For purposes of this subdivision, "active military
service" has the meaning given in section 190.05, subdivision 5b or 5c.
(c) Notwithstanding any other provision of this chapter,
chapter 97B or 97C, or administrative rules, the commissioner may give first
preference to qualified service members and veterans in any drawing or lottery
involving the selection of applicants for hunting or fishing licenses, permits,
and special permits. This subdivision
does not apply to licenses or permits for taking moose, elk, and prairie
chickens. Actions of the commissioner
under this subdivision are not rules under the Administrative Procedure Act and
section 14.386 does not apply.
(d) This subdivision expires December 31, 2006."
Page 7, delete section 15
Page 10, line 2, delete "under the age of 16"
Page 10, line 3, delete "youth" and insert
"hunter"
Page 10, line 4, before the period, insert "and may not
charge a fee for the assistance"
Page 10, after line 6, insert:
"Sec. 23.
Minnesota Statutes 2002, section 97C.355, subdivision 7, is amended to
read:
Subd. 7. [DATES AND
TIMES HOUSES MAY REMAIN ON ICE.] (a) Except as provided in paragraph (d),
a fish house or dark house may not be on the ice between 12:00 a.m. and one
hour before sunrise after the following dates:
(1) the last day of February, for state waters south of a line
starting at the Minnesota-North Dakota border and formed by rights-of-way of
U.S. Route No. 10, then east along U.S. Route No. 10 to Trunk Highway No. 34,
then east along Trunk Highway No. 34 to Trunk Highway No. 200, then east along
Trunk Highway No. 200 to U.S. Route No. 2, then east along U.S. Route No. 2 to
the Minnesota-Wisconsin border; and
(2) March 15, for other state waters.
A fish house or dark house on the ice in violation of this
subdivision is subject to the enforcement provisions of paragraph (b). The commissioner may, by rule, change the
dates in this paragraph for any part of state waters. Copies of the rule must be conspicuously posted on the shores of
the waters as prescribed by the commissioner.
(b) A conservation officer must confiscate a fish house or dark
house in violation of paragraph (a).
The officer may remove, burn, or destroy the house. The officer shall seize the contents of the
house and hold them for 60 days. If the
seized articles have not been claimed by the owner, they may be retained for
the use of the division or sold at the highest price obtainable in a manner
prescribed by the commissioner.
(c) When the last day of February, under paragraph (a), clause
(1), or March 15, under paragraph (a), clause (2), falls on a Saturday, a fish
house or dark house may be on the ice between 12:00 a.m. and one hour before
sunrise until 12:00 a.m. the following Monday.
(d) A person may have a fish house or dark house on the ice
between 12:00 a.m. and one hour before sunrise on waters within the area
prescribed in paragraph (a), clause (2), but the house may not be unattended
during those hours.
Sec. 24. Minnesota
Statutes 2002, section 97C.605, subdivision 2, is amended to read:
Subd. 2. [TURTLE
SELLER'S LICENSE.] (a) A person may not take, possess, buy, or transport
turtles for sale; sell turtles; or take turtles for sale using commercial
equipment without a turtle seller's license, except as provided in subdivision
2c.
(b) Except for renewals, no new turtle seller's licenses may
be issued after August 1, 2002. The
commissioner shall not issue more turtle seller's licenses in any year than the
number of licenses issued for the 2004 license year. If more turtle seller's license applications are received than licenses
available in any year, the commissioner shall give preference for licensing to
persons licensed in the previous year."
Page 11, line 5, delete "section 97B.935, is"
and insert "sections 97B.811, subdivision 4; and 97B.935, are"
Page 11, line 7, after "8," insert "11,"
and delete "25, and 26" and insert "27, and 28"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 12, delete everything after the semicolon
Page 1, delete line 13
Page 1, line 14, delete "youth;" and after
"nonresidents;" insert "modifying dark house and fish house
hours on ice;"
Page 1, line 17, after the semicolon, insert "eliminating
prohibition and restrictions on the use of decoys and blinds for shooting
migratory waterfowl;"
Page 1, line 21, after the first semicolon, insert "97A.465,
by adding a subdivision;"
Page 1, line 22, delete "97B.015, subdivision 5;"
Page 1, line 24, after the second semicolon, insert
"97C.355, subdivision 7; 97C.605, subdivision 2;"
Page 1, line 29, after the semicolon, insert "97B.811,
subdivision 4;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2386, A bill for an act relating to state government;
merging the Department of Economic Security and the Department of Employment
and Economic Development; making corresponding technical and housekeeping
changes; amending Minnesota Statutes 2002, sections 3.922, subdivision 10;
15.0591, subdivision 2; 116J.01, subdivisions 4, 5; 116J.035, subdivision 2;
116J.551; 116J.64, subdivisions 4, 5, 7, 8, 9, by adding a subdivision;
116L.01, subdivision 1; 116L.05, subdivision 4; 119A.46, subdivision 8;
144.9503, subdivision 1; 171.321, subdivision 2; 181.73, subdivision 1;
216C.10; 242.39, subdivision 3; 246.56, subdivision 1; 256J.08, subdivision 52;
268.001; 268.0111, subdivision 4; 268.0122, subdivision 1; 268.29; 268.66, as
amended; 268.665, as amended; 268.976, subdivision 2; 268A.01, subdivision 5;
Minnesota Statutes 2003 Supplement, sections 15.01; 15.057; 15.06, subdivision
1; 15A.0815, subdivision 2; 16C.05, subdivision 3; 116J.011; 116J.401; 116J.64,
subdivision 6; 116J.966, subdivision 1; 116J.980, subdivision 1; 116J.994, subdivisions
9, 10; 116L.03, subdivision 7; 116M.15, subdivision 1; 248.07, subdivision 8;
256.482, subdivision 1; 256C.233, subdivision 1; 268.014; 268.022, subdivision
1; 268.363; 462A.04, subdivisions 1, 4; proposing coding for new law in
Minnesota Statutes, chapters 116J; 116L; 268A; repealing Minnesota Statutes
2002, sections 116J.036; 116J.414; 116L.04, subdivision 4; 268.0111,
subdivisions 1, 2, 3a, 4a; 268.0121, subdivisions 1, 2; 268.0122, subdivisions
2, 5, 6; 268.027; 268.028; 268.029; 268.26, subdivisions 2, 3; 268.361,
subdivision 3; 268.3661; 268.551; 268.552; 268.56, subdivision 2; 268.561,
subdivision 10; 268.61, subdivision 2; 268.65, subdivisions 1, 3, 4, 5;
268.666, subdivision 5; 268.89; 268.918; 268.95; Minnesota Statutes 2003
Supplement, sections 268.0122, subdivision 3; 268.26, subdivision 1; 268.65,
subdivision 2; 268.95, subdivision 4; 268.976, subdivision 1; Laws 2001,
chapter 175, section 49; Minnesota Rules, parts 3300.0050; 3301.0180;
3301.0190; 3301.0200; 3301.0210; 3301.0220; 3301.0230; 3310.2903; 3310.2904;
3310.2905, subpart 1; 3310.2906; 3310.2907; 3310.2909; 3310.2918; 3315.0100;
3315.0202; 3315.0501, subparts 3, 4, 5; 3315.0510; 3315.0530, subpart 1;
3315.0535; 3315.0545; 3315.0555, subpart 5; 3315.0915; 3315.0920; 3315.1005, subpart
2; 3315.1015; 3315.1301, subparts 3, 6; 3315.1305; 3315.1310; 3315.1650,
subpart 1; 3315.2410; 3315.2610; 3315.2750; 3315.2810, subparts 1, 3;
3315.3220, subpart 4; 3320.0010; 3320.0020; 3320.0030; 7380.0200; 7380.0210;
7380.0220; 7380.0230; 7380.0240; 7380.0500; 7380.0510; 7380.0520; 7380.0530;
7380.0540; 7380.0550; 7380.0560; 7380.0570; 7380.0580; 7380.0581; 7380.0582;
7380.0600; 7380.0610; 7380.0620; 7380.0630; 7380.0640; 7380.0650; 7380.0800;
7380.0810; 7380.0820; 7380.0830; 7380.0840.
Reported the same back with the following amendments:
Page 7, line 8, reinstate everything after the stricken
"to"
Page 7, line 9, reinstate everything before the stricken comma
Page 7, line 11, after "revenues" insert
"while improving the quality of the state workforce. These actions will" and after
"of" insert "Minnesota"
Page 10, line 30, delete "the
general fund" and insert "a special revenue fund"
Pages 18 and 19, delete sections 26 to 29
Page 43, line 3, delete "116L.04, subdivision 4;"
Page 43, line 33, delete "57" and insert
"53"
Renumber the sections in sequence
Amend the title as follows:
Page 1, delete line 10
Page 1, lines 22 and 23, delete "116L.03, subdivision
7;"
Page 1, line 28, delete "116L;"
Page 1, line 29, delete "116L.04, subdivision 4;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2446, A bill for an act relating to state government
finance; authorizing principles, criteria, and procedures for consolidating and
eliminating certain funds and accounts; requiring reports; amending Minnesota
Statutes 2002, section 16A.53, subdivision 1, by adding subdivisions.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
SPECIAL
REVENUE ACCOUNTS
Section 1. Minnesota
Statutes 2002, section 16A.53, subdivision 1, is amended to read:
Subdivision 1. [FUND
CREATES FUNDS AND ACCOUNTS CREATED BY LAW.] When a law
creates a fund or account in the treasury into which are deposited
certain revenues and out of which certain expenditures are appropriated, the
commissioner may consider the creation of the fund or account as the
creation of a bookkeeping account in the state's general books of account
accounting system so as to reflect the revenues deposited in the
treasury and credited to the bookkeeping account and the expenditures
appropriated from the treasury and charged to the bookkeeping
account. The commissioner must
organize these bookkeeping accounts into funds in accordance with generally
accepted accounting principles.
Sec. 2.
Minnesota Statutes 2002, section 16A.53, is amended by adding a
subdivision to read:
Subd. 3.
[COMMISSIONER TO MANAGE FUNDS AND ACCOUNTS.] (a) As necessary, the
commissioner may eliminate an account that is no longer needed for the purposes
specified for it in law.
(b) The commissioner must eliminate an account that meets
the criteria in paragraph (c) unless the commissioner determines that the
account is necessary for efficient fiscal operation.
(c) Criteria for account elimination are:
(1) receipts to the account and transfers into the account
average less than $1,000 per year in the past four years;
(2) year-end balances in the past four years average less
than $1,000 per year; and
(3) the account has been in existence for at least four
years.
(d) Any balances in an eliminated account must be
transferred to the general fund unless some other disposition is specified in
law. If the commissioner eliminates an
account established in law, the commissioner must notify the legislature, in a
report to the appropriate finance committees, of the elimination.
Sec. 3. Minnesota
Statutes 2002, section 16A.53, is amended by adding a subdivision to read:
Subd. 4.
[REPORT.] Each agency that manages accounts within a fund must report
at least annually to the appropriate finance committees of the legislature on
the number, purpose, and recent financial activity in those accounts. The commissioner must establish uniform
criteria and timing for the reports.
Sec. 4. Minnesota
Statutes 2002, section 16A.531, is amended by adding a subdivision to read:
Subd. 4.
[MISCELLANEOUS SPECIAL REVENUE FUND.] (a) A miscellaneous special
revenue fund is created in the state treasury.
This fund is for the deposit of receipts and other revenues that are not
placed in any other fund by law or under section 16A.53.
(b) One-third of the accounts in the miscellaneous special
revenue fund are terminated on June 30, 2007, another one-third of the accounts
in the miscellaneous special revenue fund are terminated on June 30, 2009, and
the remaining accounts in the miscellaneous special revenue fund are terminated
on June 30, 2011. Thirty months before
the termination dates listed in this paragraph, the commissioner must identify
and notify the appropriate legislative finance committee of the accounts which
are scheduled to terminate on those dates.
Any balance in an account that is terminated is transferred to the
general fund and any revenues that would have been deposited in that account
are deposited in the general fund. Any
statutory appropriation made out of an account that is terminated is
canceled. This paragraph does not apply
to an account established after July 1, 2004.
Sec. 5. [COMMISSIONER'S
RECOMMENDATIONS ON FEE ACCOUNTS.]
By January 2, 2005, the commissioner of finance must report
to the Finance Committee of the senate and the Ways and Means Committee of the
house of representatives on the different procedures for accounting for and
appropriating licensing fee revenue, and must make recommendations for
consistent treatment of that fee revenue.
ARTICLE
2
STATE
BUDGET PROCESS
Section 1. Minnesota
Statutes 2002, section 3.23, is amended to read:
3.23 [APPROPRIATIONS.]
A standing statutory appropriation, within the
meaning of this section and section 3.24, is one which sets apart a specified
or unspecified and open amount of public money or funds of the state general
fund for expenditure for a purpose and makes the amount, or a part of it,
available for use continuously and at a time more distant than for a
period of time beyond the end of the second fiscal year after the session
of the legislature at which the appropriation is made.
Every appropriation stated to be an "annual
appropriation," "payable annually," "appropriated
annually," or "annually appropriated," and every appropriation
described by equivalent terms or language is a standing statutory
appropriation as defined in this section.
Sec. 2. Minnesota
Statutes 2002, section 3.98, subdivision 3, is amended to read:
Subd. 3.
[DISTRIBUTION.] A copy of the fiscal note shall be delivered to the
chair of the Appropriations Ways and Means Committee of the house
of representatives, the chair of the Finance Committee of the senate, the chair
of the standing committee to which the bill has been referred, to the chief
author of the bill and to the commissioner of finance.
Sec. 3. Minnesota
Statutes 2002, section 15.16, subdivision 5, is amended to read:
Subd. 5. [OBTAINING
RECOMMENDATION.] No control of state-owned lands may be transferred between
state departments or agencies without the departments or agencies first
consulting the chairs of the senate Finance Committee and house of
representatives Appropriations Ways and Means Committee and
obtaining their recommendations. The
recommendations are advisory only.
Failure to obtain a prompt recommendation is deemed a negative
recommendation.
Sec. 4. Minnesota
Statutes 2003 Supplement, section 16A.102, subdivision 1, is amended to read:
Subdivision 1.
[GOVERNOR'S RECOMMENDATION.] (a) By the date specified in section
16A.11, subdivision 1, for submission of parts one and two of the governor's
budget, the governor shall submit to the legislature a recommended revenue
target for the next two bienniums.
(b) The recommended revenue target must specify:
(1) the maximum share of Minnesota personal income to be
collected in taxes and other revenues to pay for state and local government
services; and
(2) the division of the share between state and local
government revenues; and
(3) the mix and rates of income, sales, and other state and
local taxes including property taxes and other revenues.
(c) The recommendations must be based on the November
forecast prepared under section 16A.103.
Sec. 5. Minnesota
Statutes 2002, section 16A.102, subdivision 2, is amended to read:
Subd. 2. [LEGISLATIVE
BUDGET RESOLUTION.] (a) By March 15 of each odd-numbered year, the
legislature shall by concurrent resolution adopt revenue targets for the next
two bienniums.
(b) The resolution must specify:
(1) the maximum share of Minnesota personal
income to be collected in taxes and other revenues to pay for state and local
government services; and
(2) the division of the share between state and local
government services; and
(3) the mix and rates of income, sales, and other state and
local taxes including property taxes and other revenues.
(c) The resolution must be based on the February
forecast prepared under section 16A.103 and take into consideration the revenue
targets recommended by the governor under subdivision 1.
Sec. 6. Minnesota Statutes
2002, section 16A.102, is amended by adding a subdivision to read:
Subd. 4.
[REPORTING INFORMATION.] When updated information is available at the
time of a state revenue and expenditure forecast as specified in section
16A.103, subdivision 1, and after the completion of a legislative session, the
Department of Finance must report on revenue relative to personal income as
specified in subdivision 1.
Sec. 7. Minnesota
Statutes 2002, section 16A.641, subdivision 2, is amended to read:
Subd. 2. [REPORT.]
Before a sale of general obligation bonds, the commissioner shall report the
amount of bonds to be issued and a detailed list of the projects or a statement
of the program to be financed to the chairs of the house Appropriations Ways
and Means and Tax Committees and of the senate Finance and Tax Committees,
and the minority leaders of the house and senate, for their advisory
recommendation. The recommendation is
positive if not received within ten days.
Sec. 8. Minnesota
Statutes 2002, section 16B.24, subdivision 3, is amended to read:
Subd. 3. [DISPOSAL OF
OLD BUILDINGS.] The commissioner, upon request of the head of an agency which
has control of a state-owned building which is no longer used or which is a
fire or safety hazard, shall, after obtaining approval of the chairs of the
senate Finance Committee and house of representatives Appropriations Ways
and Means Committee, sell, wreck, or otherwise dispose of the
building. In the event a sale is made
the proceeds shall be deposited in the proper account or in the general fund.
Sec. 9. Minnesota
Statutes 2002, section 16B.31, subdivision 3, is amended to read:
Subd. 3. [FEDERAL AID.]
(a) [APPLICATION FOR AID.] The
commissioner, or any other agency to whom an appropriation is made for a
capital improvement, shall apply for the maximum federal share for each
project.
(b) [ACCEPTANCE OF
AID.] The commissioner is the state agency empowered to accept money provided
for or made available to this state by the United States of America or any
federal department or agency for the construction and equipping of any building
for state purposes not otherwise provided for by law, other than University of
Minnesota buildings, in accordance with the provisions of federal law and any
rules or regulations promulgated under federal law. The commissioner may do whatever is required of this state by
federal law, rules, and regulations in order to obtain the federal money.
(c) [FEDERAL FUNDS
CONSIDERED PART OF APPROPRIATION.] The commissioner may after consultation with
the chairs of the senate Finance Committee and house of representatives Appropriations
Ways and Means Committee, adopt a plan, provide for an improvement, or
construct a building that contemplates expenditure for its completion of more
money than the appropriation for it, if the excess money is provided by the
United States government and granted to the state of Minnesota under federal
law or any rule or regulation promulgated under federal law. This federal money, for the purpose of this
section, is a part of the appropriation for the project.
(d) [DELAYED FEDERAL
MONEY.] If an amount is payable to a creditor of the state from a project
account which is financed partly with federal money and the project is included
in appropriations made to the commissioner for public buildings and equipment,
and the amount cannot be paid on time because of a deficiency of money in the
project account caused by a delay in the receipt of federal money, the
commissioner may provide money needed to pay the amount by temporarily
transferring the sum to the project account from any other appropriation made
to the commissioner in the same act.
Required money for a payment is appropriated for that purpose. When the delayed federal money is received, the
commissioner shall have the amount of money transferred returned to the account
from which it came.
Sec. 10. Minnesota
Statutes 2003 Supplement, section 84.026, is amended to read:
84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL RESOURCES
SERVICES.]
The commissioner of natural resources is authorized to enter
into contractual or grant agreements with any public or private entity for the
provision of statutorily prescribed natural resources services by or for the
department. The contracts or grants
shall specify the services to be provided and the amount and method of
reimbursement. Funds generated in a
contractual agreement made pursuant to this section shall be deposited in the
special revenue fund and are appropriated to the department for purposes of
providing the services specified in the contracts. All contractual and grant agreements shall be processed in
accordance with the provisions of section 16C.05. The commissioner shall report revenues collected and expenditures
made under this section to the chairs of the Committees on Appropriations
Ways and Means in the house and Finance in the senate by January 1 of
each odd-numbered year.
Sec. 11. Minnesota
Statutes 2002, section 85A.02, subdivision 5a, is amended to read:
Subd. 5a. [EMPLOYEES.]
(a) The board shall appoint an administrator who shall serve as the executive
secretary and principal administrative officer of the board and, subject to its
approval, shall operate the Minnesota Zoological Garden and enforce all rules and
policy decisions of the board. The
administrator must be chosen solely on the basis of training, experience, and
other qualifications appropriate to the field of zoo management and
development. The board shall set the
salary of the administrator. The salary
of the administrator may not exceed 130 percent of the salary of the governor;
however, any amount exceeding 95 percent of the salary of the governor must
consist of nonstate funds. The
administrator shall perform duties assigned by the board and serves in the
unclassified service at the pleasure of the board. The administrator, with the participation of the board, shall
appoint a development director in the unclassified service or contract with a
development consultant to establish mechanisms to foster community
participation in and community support for the Minnesota Zoological
Garden. The board may employ other
necessary professional, technical, and clerical personnel. Employees of the zoological garden are
eligible for salary supplement in the same manner as employees of other state
agencies. The commissioner of finance
shall determine the amount of salary supplement based on available funds.
(b) The board may contract with individuals to perform
professional services and may contract for the purchases of necessary species
exhibits, supplies, services, and equipment.
The board may also contract for the construction and operation of
entertainment facilities on the zoo grounds that are not directly connected to
ordinary functions of the zoological garden.
The zoo board may not enter into a final agreement for construction of
an entertainment facility that is not directly connected to the ordinary
functions of the zoo until after final construction plans have been submitted
to the chairs of the senate Finance and house Appropriations Ways and
Means Committees for their recommendations.
The zoo may not contract for entertainment during the period of
the Minnesota State Fair that would directly compete with entertainment at the
Minnesota State Fair.
Sec. 12. Minnesota
Statutes 2002, section 115A.557, subdivision 4, is amended to read:
Subd. 4. [REPORT.] By
July 1 of each odd-numbered year, the director shall report on how the money
was spent and the resulting statewide improvements in solid waste management to
the house of representatives and senate Division of the senate
Committee on Environment and Natural Resources, and the house of representatives
Committee on Environment and Natural Resources Finance. The report shall be included in the report
required under section 115A.411. Appropriations Ways and Means,
Finance, and Environment and Natural Resources Committees, the Finance
Sec. 13. Minnesota
Statutes 2003 Supplement, section 116J.966, subdivision 1, is amended to read:
Subdivision 1.
[GENERALLY.] (a) The commissioner shall promote, develop, and facilitate
trade and foreign investment in Minnesota.
In furtherance of these goals, and in addition to the powers granted by
section 116J.035, the commissioner may:
(1) locate, develop, and promote international markets for
Minnesota products and services;
(2) arrange and lead trade missions to countries with promising
international markets for Minnesota goods, technology, services, and
agricultural products;
(3) promote Minnesota products and services at domestic and
international trade shows;
(4) organize, promote, and present domestic and international
trade shows featuring Minnesota products and services;
(5) host trade delegations and assist foreign traders in contacting
appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather and
provide information to assist them in locating and communicating with
international trading or joint venture counterparts;
(7) provide information, education, and counseling services to
Minnesota businesses regarding the economic, commercial, legal, and cultural
contexts of international trade;
(8) provide Minnesota businesses with international trade leads
and information about the availability and sources of services relating to
international trade, such as export financing, licensing, freight forwarding,
international advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign direct investment and
business development in Minnesota to enhance employment opportunities in
Minnesota;
(10) provide foreign businesses and investors desiring to
locate facilities in Minnesota information regarding sources of governmental,
legal, real estate, financial, and business services;
(11) enter into contracts or other agreements with private
persons and public entities, including agreements to establish and maintain
offices and other types of representation in foreign countries, to carry out
the purposes of promoting international trade and attracting investment from
foreign countries to Minnesota and to carry out this section, without regard to
section 16C.06; and
(12) market trade-related materials to businesses and
organizations, and the proceeds of which must be placed in a special revolving
account and are appropriated to the commissioner to prepare and distribute
trade-related materials.
(b) The programs and activities of the commissioner of
employment and economic development and the Minnesota Trade Division may not
duplicate programs and activities of the commissioner of agriculture or the
Minnesota World Trade Center.
(c) The commissioner shall notify the chairs of the senate
Finance and house Appropriations Ways and Means Committees of
each agreement under this subdivision to establish and maintain an office or
other type of representation in a foreign country.
Sec. 14. Minnesota
Statutes 2002, section 116O.071, subdivision 3, is amended to read:
Subd. 3. [AUTHORITY TO
PERFORM REQUESTED EVALUATIONS.] The governor, speaker of the house of
representatives, house of representatives minority leader, senate majority
leader, senate minority leader, chair of the house of representatives Appropriations
Ways and Means Committee, chair of the senate Finance Committee,
director, or a member of the legislature considering the introduction or
approval of legislation containing funding for scientifically and
technologically related research and development may request the corporation to
evaluate a loan or grant made or to be made or the proposed legislation for
funding scientifically and technologically related research and development to
determine (1) whether it complies with the guidelines required by subdivision
1, clause (1), item (ii); (2) whether it is technically feasible; and (3) for
development proposals, whether the proposal appears to have the potential for
economic development. Ad hoc committees
may be appointed by the corporation.
Sec. 15. Minnesota
Statutes 2002, section 116P.08, subdivision 3, is amended to read:
Subd. 3. [STRATEGIC
PLAN REQUIRED.] (a) The commission shall adopt a strategic plan for making
expenditures from the trust fund, including identifying the priority areas for
funding for the next six years. The
strategic plan must be updated every two years. The plan is advisory only.
The commission shall submit the plan, as a recommendation, to the house
of representatives Appropriations Ways and Means and senate
Finance Committees by January 1 of each odd-numbered year.
(b) The commission may accept or modify the draft of the
strategic plan submitted to it by the advisory committee before voting on the
plan's adoption.
Sec. 16. Minnesota
Statutes 2002, section 144.701, subdivision 4, is amended to read:
Subd. 4. [FILING FEES.]
Each report which is required to be submitted to the commissioner of health
under sections 144.695 to 144.703 and which is not submitted to a voluntary,
nonprofit reporting organization in accordance with section 144.702 shall be
accompanied by a filing fee in an amount prescribed by rule of the commissioner
of health. Upon the withdrawal of
approval of a reporting organization, or the decision of the commissioner to
not renew a reporting organization, fees collected under section 144.702 shall
be submitted to the commissioner. Fees
received under this subdivision shall be deposited in a revolving fund and are
appropriated to the commissioner of health for the purposes of sections 144.695
to 144.703. The commissioner shall
report the termination or nonrenewal of the voluntary reporting organization to
the chair of the Health and Human Services Subdivision of the Appropriations
Finanzbranche Committee of the house of representatives, to the chair of the
Health and Human Services Division of the Finance Committee of the senate, and
the commissioner of finance.
Sec. 17. Minnesota
Statutes 2002, section 245.90, is amended to read:
245.90 [COURT AWARDED FUNDS, DISPOSITION.]
The commissioner of human services shall notify the house Appropriations
Ways and Means and senate Finance Committees of the terms of any
contractual arrangement entered into by the commissioner and the attorney
general, pursuant to an order of any court of law, which provides for the
receipt of funds by the commissioner.
Any funds recovered or received by the commissioner pursuant to
an order of any court of law shall be placed in the general fund.
Sec. 18. Minnesota
Statutes 2002, section 270.063, subdivision 1, is amended to read:
Subdivision 1.
[APPROPRIATION.] For the purpose of collecting delinquent state tax
liabilities or debts as defined in section 16D.02, subdivision 3, there is
appropriated to the commissioner of revenue an amount representing the cost of
collection by contract with collection agencies, revenue departments of other
states, or attorneys to enable the commissioner to reimburse these agencies,
departments, or attorneys for this service.
The commissioner shall report quarterly on the status of this program to
the chair of the house Tax and Appropriation Ways and Means
Committees and senate Tax and Finance Committees.
Sec. 19. Minnesota
Statutes 2002, section 270.71, is amended to read:
270.71 [ACQUISITION AND RESALE OF SEIZED PROPERTY.]
For the purpose of enabling the commissioner of revenue to
purchase or redeem seized property in which the state of Minnesota has an
interest arising from a lien for unpaid taxes, or to provide for the operating
costs of collection activities of the Department of Revenue, there is
appropriated to the commissioner an amount representing the cost of such
purchases, redemptions, or collection activities. Seized property acquired by the state of Minnesota to satisfy
unpaid taxes shall be resold by the commissioner. The commissioner shall preserve the value of seized property
while controlling it, including but not limited to the procurement of
insurance. For the purpose of refunding
the proceeds from the sale of levied or redeemed property which are in excess
of the actual tax liability plus costs of acquiring the property, there is
hereby created a levied and redeemed property refund account in the agency
fund. All amounts deposited into this
account are appropriated to the commissioner of revenue. The commissioner shall report quarterly on
the status of this program to the chairs of the house Taxes and Appropriations
Ways and Means Committees and senate Taxes and Tax Laws and Finance
Committees."
Delete the title and insert:
"A bill for an act relating to state government finance;
authorizing principles, criteria, and procedures for consolidating and
eliminating certain funds and accounts; requiring reports; making technical and
clarifying changes to provisions related to the budget process; amending
Minnesota Statutes 2002, sections 3.23; 3.98, subdivision 3; 15.16, subdivision
5; 16A.102, subdivision 2, by adding a subdivision; 16A.53, subdivision 1, by
adding subdivisions; 16A.531, by adding a subdivision; 16A.641, subdivision 2;
16B.24, subdivision 3; 16B.31, subdivision 3; 85A.02, subdivision 5a; 115A.557,
subdivision 4; 116O.071, subdivision 3; 116P.08, subdivision 3; 144.701,
subdivision 4; 245.90; 270.063, subdivision 1; 270.71; Minnesota Statutes 2003
Supplement, sections 16A.102, subdivision 1; 84.026; 116J.966, subdivision
1."
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2678, A bill for an act relating to natural
resources; modifying provisions for the operation of off-highway vehicles;
providing an exemption from rulemaking; providing for an off-highway vehicle
grant program; modifying decal requirements for off-highway motorcycles;
modifying all-terrain vehicle provisions; providing for certain class fees; modifying
provisions for reviewing forest classification status; requiring determination
of unrefunded gas tax attributable to all-terrain vehicle use; requiring a
report; appropriating money; amending Minnesota Statutes 2002, sections 84.798,
subdivision 1; 84.925, subdivision 1; 84.9256, subdivision 1; 84.9257; 84.928,
subdivisions 2, 6; 89.19; Minnesota Statutes 2003 Supplement, sections 84.773;
84.777; 84.788, subdivision 3; 84.92, subdivision 8; 84.926; Laws 2003, chapter
128, article 1, section 167, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 84; repealing Minnesota Statutes 2003 Supplement,
section 84.901.
Reported the same back with the following amendments:
Page 2, line 18, after the semicolon, insert "an
off-highway vehicle used by a registered surveyor, or assistant, when surveying
on public or private property;"
Page 2, after line 27, insert:
"Subd. 3.
[PRIVATE LAND ACCESS.] The commissioner may grant a three-year permit
to exempt a private landowner or leaseholder from this section when the only
reasonable access to a permit applicant's land is across forestry administered
lands in state forests."
Page 4, delete section 4
Page 9, lines 13, 26, and 35, delete "FORESTS" and
insert "FOREST LANDS"
Page 9, line 30, delete "forests" and insert
"forest lands"
Page 10, line 4, delete everything after "trails"
and insert "that are not designated for a specific use"
Page 10, line 5, delete "exemption,"
Page 12, after line 9, insert:
"Sec. 14. Minnesota
Statutes 2002, section 89.71, is amended by adding a subdivision to read:
Subd. 8.
[COUNTY-ADMINISTERED LAND.] The commissioner may not install a gate
to obstruct access to a state forest road if the road is used by:
(1) a private landowner to cross county-administered land
within a state forest to access the landowner's private property;
(2) a lessee of county land to access the lessee's
leasehold; or
(3) a county to gain access to county-administered land
within a state forest for county forest management purposes."
Page 13, line 5, delete "must" and insert
"may"
Page 14, after line 1, insert:
"Sec. 18.
[APPROPRIATION.]
(a) $400,000 is appropriated from the natural resources fund
to the commissioner of natural resources for additional off-highway vehicle
trail forest inventory, trail designation, and development. Of this amount, $280,000 is from the
all-terrain vehicle account, $80,000 is from the off-road vehicle account, and
$40,000 is from the off-highway motorcycle account. This is a onetime only appropriation. The commissioner must assign three additional trail development
specialists to assist off-highway groups with grant-in-aid trail development
and trail development-related activities.
(b) $575,000 is appropriated from the natural resources fund
to the commissioner of natural resources for additional grants-in-aid. Of this amount, $402,500 is from the
all-terrain vehicle account, $115,000 is from the off-road vehicle account, and
$57,500 is from the off-highway motorcycle account. This amount is added to the appropriation
in Laws 2003, chapter 128, article 1, section 5, subdivision 6, for a total in
fiscal year 2005 of $1,100,000 in off-highway grants-in-aid. Of this amount, $877,500 is from the
all-terrain vehicle account, $115,000 is from the off-road vehicle account, and
$107,500 is from the off-highway motorcycle account.
(c) If the appropriations in this section are enacted more
than once, the appropriations are to be implemented only once."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 14, before "Minnesota" insert
"89.71, by adding a subdivision;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2799, A bill for an act relating to employment;
modifying state dislocated worker program provisions; amending Minnesota
Statutes 2002, section 116L.17, subdivisions 1, 4, 5, 6; Minnesota Statutes 2003
Supplement, section 116L.17, subdivisions 2, 3; repealing Minnesota Statutes
2002, section 116L.17, subdivision 7.
Reported the same back with the following amendments:
Page 1, after line 8, insert:
"Section 1.
Minnesota Statutes 2002, section 116L.01, subdivision 1, is amended to
read:
Subdivision 1.
[GENERALLY.] For the purposes of this chapter sections 116L.01
to 116L.17, the terms defined in this section have the meanings given them.
Sec. 2. Minnesota
Statutes 2002, section 116L.05, subdivision 4, is amended to read:
Subd. 4. [LEGISLATIVE
RECOMMENDATIONS.] By January 15 of each odd-numbered year, the board must
submit recommendations to the house and senate committees with jurisdiction
over workforce development programs, regarding modifications to, or elimination
of, existing workforce development programs under the board's oversight
and the potential implementation of new programs. The recommendations must include recommendations regarding
funding levels and sources."
Page 6, line 5, delete "Such" and insert
"Long-term"
Page 7, line 26, delete ", in consultation with"
and insert "and" and after "board" delete the
comma and after "shall" insert "jointly"
Page 7, line 32, delete ", in consultation with the
board," and insert "and the board, in consultation with"
Page 7, line 33, delete the comma
Page 8, after line 13, insert:
"Sec. 9. [116L.19]
[DEFINITIONS.]
Subdivision 1.
[APPLICABILITY.] The definitions in this section apply to sections
116L.19 to 116L.976.
Subd. 2.
[COMMISSIONER.] "Commissioner" means the commissioner of
employment and economic development.
Subd. 3.
[DEPARTMENT.] "Department" means the Department of
Employment and Economic Development."
Page 8, line 15, delete "section" and insert
"sections 116L.04, subdivision 4; and" and delete "is"
and insert "are"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 4, delete "section" and insert
"sections 116L.01, subdivision 1; 116L.05, subdivision 4;"
Page 1, line 6, after the semicolon, insert "proposing
coding for new law in Minnesota Statutes, chapter 116L;"
Page 1, line 7, delete "section" and insert
"sections 116L.04, subdivision 4;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2970, A bill for an act relating to health; modifying
fees for radioactive and nuclear material; approving state agreement with the
Nuclear Regulatory Commission; amending Minnesota Statutes 2002, section
144.1205, subdivisions 2, 4, 8, 9; repealing Minnesota Statutes 2003
Supplement, section 144.1202, subdivision 4.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 3061, A bill for an act relating to the State Board
of Investment; classifying data related to certain venture capital investments;
amending Minnesota Statutes 2002, sections 11A.24, subdivision 6; 13.635, by
adding a subdivision.
Reported the same back with the following amendments:
Page 2, line 25, delete "The following"
Page 2, line 27, delete "is" and insert "are"
and after "public" insert ", including"
Page 2, line 28, after "name"
insert "and industry group classification"
Page 2, after line 36, insert:
"However, financial or proprietary data received,
prepared, used, or retained by the state board in connection with investments
authorized by paragraph (a), clause (1), (2), or (4), or in which the state
board has considered an investment under these clauses, is nonpublic data under
section 13.02, subdivision 9. As used
in this section, "financial or proprietary information" means
information of a financial or proprietary character that has not been publicly
disseminated or that is unavailable from other sources, the release of which
would likely cause competitive harm to the state board or to the legal entity
or to a portfolio company in which the legal entity holds an interest."
Page 3, line 4, delete "venture capital"
Amend the title as follows:
Page 1, line 3, delete "venture capital"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 804, 2199, 2212, 2246, 2368, 2386, 2446, 2678, 2799
and 2970 were read for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Dill introduced:
H. F. No. 3172, A bill for an act relating to sales and use
taxes; authorizing the city of Ely to impose a local sales tax.
The bill was read for the first time and referred to the Committee
on Taxes.
Mullery introduced:
H. F. No. 3173, A bill for an act relating to labor relations;
limiting a restriction on use of interest arbitration; amending Minnesota
Statutes 2002, section 179A.16, subdivision 9.
The bill was read for the first time and referred to the
Committee on Commerce, Jobs and Economic Development.
MESSAGES
FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 2222, 2141, 1946, 1753, 1373, 1716, 1787, 3 and
2181.
Patrick E. Flahaven, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 2222, A resolution memorializing Minnesota's
Congressional Delegation to authorize an increase in the existing Boundary
Waters Canoe Area Wilderness (BWCAW) reservation fee to be allocated to
Minnesota's Permanent School Fund.
The bill was read for the first time.
Sykora moved that S. F. No. 2222 and H. F. No. 2242, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2141, A bill for an act relating to education;
modifying the membership of the Commission on National and Community Service;
amending Minnesota Statutes 2003 Supplement, section 124D.385, subdivision 2;
repealing Minnesota Statutes 2002, sections 124D.41; 124D.42, subdivisions 1,
2, 4, 5, 7; 124D.43; Minnesota Statutes 2003 Supplement, section 124D.42,
subdivisions 3, 6.
The bill was read for the first time.
Seagren moved that S. F. No. 2141 and H. F. No. 2191, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1946, A bill for an act relating to employment;
directing the commissioner of employment and economic development to conduct an
extended employment pilot project.
The bill was read for the first time.
Sertich moved that S. F. No. 1946 and H. F. No. 2035, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1753, A bill for an act relating to utilities;
modifying low-income electric rate discount program; amending Minnesota
Statutes 2002, section 216B.16, subdivision 14.
The bill was read for the first time.
Westrom moved that S. F. No. 1753 and H. F. No. 1830, now on
the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1373, A bill for an act relating to elections;
requiring disclosures by certain persons conducting polls; proposing coding for
new law in Minnesota Statutes, chapter 211B.
The bill was read for the first time.
Cornish moved that S. F. No. 1373 and H. F. No. 1437, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1716, A bill for an act relating to health; providing
an exemption from the hospital construction moratorium; amending Minnesota
Statutes 2003 Supplement, section 144.551, subdivision 1.
The bill was read for the first time.
Solberg moved that S. F. No. 1716 and H. F. No. 1896, now on
the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1787, A bill for an act relating to local government;
authorizing mandatory direct deposit of payroll; amending Minnesota Statutes
2003 Supplement, section 16A.17, subdivision 10; proposing coding for new law
in Minnesota Statutes, chapter 471.
The bill was read for the first time.
Knoblach moved that S. F. No. 1787 and H. F. No. 1995, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3, A bill for an act relating to employment;
increasing the minimum wage; amending Minnesota Statutes 2002, section 177.24,
subdivision 1.
The bill was read for the first time.
SUSPENSION OF RULES
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Rukavina moved that the rule therein be suspended and an
urgency be declared so that S. F. No. 3 be given its second and
third readings and be placed upon its final passage.
A roll call was requested and properly seconded.
The question was taken on the Rukavina motion and the roll was
called. There were 55 yeas and 71 nays
as follows:
Those who
voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dempsey
Dill
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
McNamara
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rukavina
Samuelson
Sertich
Sieben
Slawik
Smith
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who
voted in the negative were:
Abeler
Abrams
Adolphson
Anderson, B.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olson, M.
Ozment
Paulsen
Penas
Rhodes
Ruth
Seagren
Seifert
Severson
Simpson
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Not having received the constitutionally required two-thirds
vote, the motion did not prevail.
The bill was referred to the Committee on Commerce, Jobs and
Economic Development.
FIRST READING OF SENATE BILLS, Continued
S. F. No. 2181, A bill for an act relating to the State
Lottery; amending provisions relating to the director; creating a task force
and requiring a report; amending Minnesota Statutes 2002, section 349A.02,
subdivision 1; repealing Minnesota Statutes 2002, section 349A.02, subdivision
2.
The bill was read for the first time.
Wilkin moved that S. F. No. 2181 and H. F. No. 2199, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
CALENDAR FOR THE DAY
Paulsen moved that the Calendar for the Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Samuelson moved that the name of Demmer be added as an author
on H. F. No. 2246. The
motion prevailed.
Lanning moved that the name of Zellers be added as an author on
H. F. No. 2525. The
motion prevailed.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 12:00 noon, Thursday, April 15, 2004.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 12:00 noon, Thursday, April 15, 2004.
Edward
A. Burdick,
Chief Clerk, House of Representatives