Chapter 7
Amendments


  1. Introduction

  2. The Amending Document
    1. Motion in Committee
    2. Committee Reports
    3. Floor Amendments
    4. Conference Committee Reports

  3. The Document Being Amended
    1. Identifying the Document Being Amended
    2. Bills Amended in Subcommittee
      1. Subcommittee Reports
      2. Unofficial Engrossments
    3. Bills from the Other House
      1. Engrossing of Amendments
      2. Committee Reports and Unofficial Engrossments
      3. Rule 49 Amendments

  4. The Amending Technique
    1. "Page and Line" Amendments
      1. Amending operations
      2. Amendment structure
      3. Amendments that delete
      4. Amendments that strike
      5. Amendments that insert
      6. Amendments that reinstate
      7. Amendments that renumber
      8. Amendments to the title
    2. "Delete Everything" Amendments
    3. "Partial Delete" Amendments

  5. Amendments to Amendments

  6. Amendments and the Engrossing and Enrolling Process

  7. Examples


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1. Introduction

Senate Rule 38 expresses the basic requirements for drafting amendments:

"In drawing an amendment to a bill or resolution reference shall be made therein, first to the number of the bill, then to the page, and then to the line or lines from which matter is to be stricken or in which new matter is to be inserted."

The House of Representatives has no formal rule similar to Senate Rule 38 but follows the same rule in practice.

In drawing an amendment, a person must know what bill is being amended, what version of the bill is the most current, and where in the bill the amendment is being inserted.

Once these facts are determined the drafter has two basic jobs to perform. First, the drafter must determine whether there is anything in the bill being amended that affects the amendment. For example, if the amendment is a new section of law, does the bill being amended contain an inappropriate effective date for that new section? If so, this would require further amendment of the bill. Second, the drafter must determine whether there is anything in the amendment that requires other changes in the bill. For example, does some change in terminology in the amendment require other changes in the bill to make terminology consistent?

The drafter must also ensure that the amendment does what the drafter intends. Close reading of the bill being amended will ensure that this happens.

In the Minnesota legislature it is extremely rare for an amendment to fail for technical reasons. Both in committee and on the floor of each house, staff and other legislators will assist a legislator to ensure that an amendment fits into a bill and makes sense so that the substance of the amendment can be voted on.

After the amendment is drafted, the drafter should review it to ensure that it fits into the bill being amended and that persons unfamiliar with the amendment could fit it into the bill.

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2. The Amending Document

Amendments can be proposed by a motion in committee, by a committee report, by a motion from the floor, or by a conference committee report. The stage of the legislative process determines the formal language of the introduction and ending of the amendment but does not affect the text of the amendment itself. Each of the four different kinds of documents will be discussed separately.

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(a) Motion in Committee

This is the most common document by which amendments are proposed. When a bill is proposed to be amended in committee, that change is proposed to the committee in the form of a motion to amend. The motion to amend in the Senate begins with the language: "M........ moves to amend S.F. No. .... as follows:" In the House, the title "Mr.," "Mrs.," "Miss," or "Ms.," is omitted from the language. The blank space is filled with the member's name when the amendment is offered. For both the Senate and House, the text of the amendment then follows. Identifying information may be marked on the amendment document, usually in the upper right hand corner. See examples (1), (2).

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(b) Committee Reports

After a bill is heard by a committee, the committee will report its recommendation to the full house. The report will include the committee's recommended amendments.

The committee report is in a standard form that is prepared by the committee staff, in the House of Representatives with the assistance of the revisor of statutes.

See examples (1), (2), (3), (4), (5), (6) of committee reports containing amendments.

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(c) Floor Amendments

A motion to amend a bill on the floor is in the same form as a motion to amend in a committee.

For example:

1 ............... moves to amend H.F. No. 1271 as follows:

When a Senate floor amendment is prepared on the legislature's data processing system, the motion word is typed in the past tense, "moved," so that the data can be transferred into the Senate Journal without change. The motion is read to the Senate in the present tense, "moves."

See examples (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11) of floor amendments.

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(d) Conference Committee Reports

A conference committee report may recommend simply that the house of origin concur in the amendments adopted by the other house, or that the house that adopted amendments recede from its amendments. Usually neither house will yield completely to the other's position and the amendments previously adopted must either be concurred in or receded from, and further amendments agreed upon. See examples (1), (2), (3), (4), (5), (6), (7) of conference committee reports.

*** THE CONFERENCE COMMITTEE REPORT MUST ACCOUNT FOR ALL MATTERS IN DISPUTE.

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3. The Document Being Amended


(a) Identifying the Document Being Amended

The drafter must carefully identify, and get a copy of, the document being amended. Specifically, is the original bill being amended or the first or a subsequent engrossment of the bill? If an engrossment, is it an official or unofficial engrossment? Is the amendment to the bill itself, or to a pending amendment to the bill? The drafter looks for the most current version of the bill.

In most cases, only the original bill or its latest official engrossment is subject to amendment. Only the house where the bill originates can order amendments to be officially engrossed into a bill. Amendments adopted by the other house or recommended by a committee are not officially engrossed into the bill until after the amendments have been adopted by the house of origin.

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(b) Bills Amended in Subcommittee

(1) Subcommittee Reports.

If a bill has been amended in a subcommittee, the drafter of an amendment for the full committee must determine whether the amendment will affect any part of the bill that has been affected by the subcommittee amendments. If not, the amendment can be drafted to the original bill without reference to the subcommittee amendments.

If the amendment will affect the subcommittee amendments, the drafter should refer to them and not just to the original bill.

For example:

1 M ............. moves to amend the amendments to S.F. No.
2 ..... recommended by the subcommittee on ........ as follows:

If the amendment will affect both the original bill and the subcommittee amendments, the new amendment should be drafted to the subcommittee amendments or to the bill as amended by the subcommittee. The new amendment will both make the proposed changes in the subcommittee amendments and also add to them the proposed changes in the remainder of the bill.


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(2) Unofficial Engrossments.

If the amendments proposed by a subcommittee are so numerous or complex that the bill as amended cannot be readily comprehended without engrossing the amendments into the bill, the subcommittee report may be drafted in the form of a "delete everything" amendment. This is helpful when additional amendments are likely to be offered in the full committee. Amendments by the full committee can then be easily engrossed into the "delete everything" amendment to create the committee report.

If an unofficial engrossment has been prepared, the drafter can assume that amendments should refer to the unofficial engrossment. If not, the drafter should refer either to the bill or to the amendments recommended by the subcommittee. The convenience of the committee members is the d etermining consideration when drawing amendments for a committee hearing.

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(c) Bills from the Other House

(1) Engrossing of Amendments.

Only the house of origin can officially engross amendments into its bill. The other house can adopt an amendment, but the amendment must be concurred in by the house of origin before it is officially engrossed into the bill. Some complexities are created when the amending house adopts a series of amendments to a bill from the other house. A series of amendments may be created when a bill originating in the other house is first amended by one or more committee reports and then amended one or more times on the floor. The procedure for amendments to bills from the other house varies somewhat between the Senate and House.

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(2) Committee Reports and Unofficial Engrossments.

In the Senate, every committee amendment to a House File is incorporated into an unofficial engrossment when the House File is considered on the floor. Floor amendments should be drafted to the unofficial engrossment. Senate Rule 41.

For example:

1 M .......... moved to amend H.F. No. ...., the unofficial
2 engrossment, as follows:

In the House, committee amendments to Senate bills are also usually unofficially engrossed. When the Senate bill returns to the House floor, it is the unofficial engrossment under consideration, not the Senate engrossment combined with the House committee's amendment. Proposed floor amendments are then drafted to the House unofficial engrossment.

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(3) Rule 49 Amendments.

The Senate operating under its substitution rule, rule 49, often amends a House bill to make it identical to the Senate bill and then proceeds with the House bill in substitution for the Senate bill. This is called a rule 49 amendment. Although amendments are then made to the House file, the pages and lines of the House file have been made identical to those of the Senate file. To visualize what happens, imagine that the bill remains the same but that it has been given a House file number.

The rule 49 amendment is not in "page and line" form, but rather is a one-sentence "delete everything" amendment to substitute all the Senate language and title. A copy of the form of the rule 49 amendment is included in an **example on page 25.

An example of proper opening language to amend a House bill that has been amended by the Senate under rule 49 is:

1 M............... moved to amend H.F. No. ...., as amended
2 pursuant to Rule 49, adopted by the Senate ........, 1997, as
3 follows:
4 (The text of the amended House File is identical to S.F. No.
5 .....)

When the House File is considered on General Orders and the Senate author wants to yield to the House position and strike the rule 49 amendment, the motion is as follows:

1 M ............... moved that the amendment made to H.F. No.
2 ... by the Committee on Rules and Administration in the report
3 adopted ........... 1997, pursuant to Rule 49, be stricken.

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4. The Amending Technique

For any of the kinds of documents discussed above, one of two different amending techniques may be used. The first is to repair and improve the bill item by item by means of individual amendments. The second is to scrap the entire bill and propose a wholesale substitute for it (a "delete everything" amendment). Which technique to use is a matter of professional judgment, by the author as well as by the drafter, giving due regard to what will make the amendment most intelligible to those who will be considering it as well as what will require the least amount of paper and effort. Each technique will be discussed separately.

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(a) "Page and Line" Amendments

Amendments that change a bill by making a number of item-by-item changes are diverse in form and complex to draft.

If many changes are being proposed, "page and line" amendments should only be used after the drafter determines that readers will be able to understand the effect of the proposed changes on the bill and that repeated references to the document being amended will not cause undue confusion.

Since the amendments are complex, the various elements are considered separately.

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(1) Amending operations.

There are six basic operations performed by an amendment. They are:

  1. deleting (removing) text from a bill;

  2. striking (adding cancel marks to the words, for example: "striking") text in a bill;

  3. reinstating (removing the cancel marks) text in a bill;

  4. inserting new text into a bill;

  5. renumbering sections, subdivisions, paragraphs, clauses, or proposed coding; and

  6. amending the title of the bill.

An amendment may contain numerous paragraphs each of which contains an amending operation. Each paragraph may contain a different kind of operation.

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(2) Amendment structure.

There are several specific rules for the structure of an amendment.

First, when more than one operation is specified in an amendment, the operations must proceed by page and line number with amendments on page 1 coming before those on page 2 and so on. The only exception is an operation that amends the title. An operation that amends the title is always last.

Second, the amendment should contain one of the six operational command words. Two or more may be used in one instruction if the instruction will be clear. The operations are:

"delete"
"strike"
"reinstate"
"insert"
"renumber" (or "reletter," if appropriate)
"amend the title as follows:" (or "delete the title and insert:")

Third, the entire amending operation to be performed by each amendment must be contained within the same paragraph. A drafter may not, for instance, have an opening paragraph saying that all amendments are in a specified page and in subsequent paragraphs list only line numbers.

Fourth, the page that is amended must be specified before the line or lines that are amended. A drafter may not, for instance, give a location as "Line 14, page 1, to line 17."

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(3) Amendments that delete.

Amendments that delete operate to have text removed from the bill amended. Proper occasions to use these amendments are as follows:

  1. Delete a line (Page 2, delete line 1);

  2. Delete multiple lines in numerical order (Page 2, delete lines 1 to 4);

  3. Delete all the words, that are not current law, following an indicated word, figure, or punctuation mark in a stated line (Page 2, line 2, delete everything after "university");

  4. Delete specified words, figures, or punctuation marks, that are not current law, in a line (Page 2, line 2, delete "center or other");

  5. Delete specific words, figures, or punctuation marks, that are not current law (Page 2, lines 4 and 5, delete "shall not undertake the activities when the operator knows");

  6. Delete all new (underlined) words, figures, and punctuation marks in a line and any number of additional lines (Page 2, lines 5 to 17, delete the new language);

  7. Delete a section (Page 12, delete section 4); and

  8. Delete multiple sections in numerical order (Pages 9 to 12, delete sections 4 to 6).

When the amending operation shows the words, figures, or punctuation marks affected by the operation, they must be enclosed in quotation marks.

When a punctuation mark, unaccompanied by text, is amended, the drafter should express the mark in words rather than by showing the mark itself (Page 1, line 17, after "occurred" delete the comma).

The deletion operation must never be used to change text in existing law. In these cases, the "striking" operation must be used.

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(4) Amendments that strike.

Amendments that strike add cancellation marks to specified text. The effect is to show that words that currently are part of the law are to be removed from the law.

Drafters can decide when and how to use amendments that strike by applying the rules that are set out in the immediately preceding section for amendments that delete. However, the drafter must be sure that all the words affected are existing law.

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(5) Amendments that insert.

Amendments that insert operate to add additional words to a bill. Care must be exercised so that the amendment shows whether or not the words to be inserted are underlined. If the words to be added to a bill are new law, the words are underlined. If, however, the words to be added are already law or change the title, the words are not underlined.

Types of amendments that insert are as follows:

(a) Insert one or more numbered subdivisions, paragraphs, or clauses after or before a line (Page 2, after line 2, insert: ....);

(b) Insert specified words, figures, or a punctuation mark after or before specified words, figures, or punctuation marks in a line (Page 3, line 9, after "operation" insert ", college");

(c) Following any deletion or striking operation with specified text, insert one or more words, lines, or sections in place of the deleted or stricken text (Page 4, line 6, delete "university" and insert "college");

(d) Following any page and line deletion or striking operation, insert specified words or one or more numbered lines, subdivisions, paragraphs, or clauses in place of the deleted or stricken language (Page 6, strike lines 1 to 18 and insert "A high school principal may"); and

(e) Following any deletion or striking operation of everything after an indicated place, insert one or more lines, words, or figures in place of the deleted or stricken language (Page 2, line 2, delete everything after "university" and insert ", college, and high school").

When the amending operation shows the words or figures affected by the operation, they must be enclosed in quotation marks.

When the language to be inserted is brief, the language to be inserted is contained within the amendment operation as shown above in example (b) without a colon. When, however, the material to be inserted is a paragraph, a series of paragraphs, or a larger element, the quoted material begins on a new line. A colon ends the introductory portion of the amendment instruction.

Amendments that delete and insert operate to remove text from a bill and replace it with other text. These amendments are used when it is desired to change the proposed wording of a new law or the amendments to an existing law from one wording to another. When preparing these amendments, the drafter must be sure that both the words to be deleted and the words to be inserted are properly underlined or stricken.

Amendments that strike and insert operate to add cancellation marks to the text, which is followed immediately by new text to be added to the law. This amendment is used to change the proposed wording in an existing law. When preparing these amendments, the drafter must be sure that the words to be stricken are properly specified and the words to be inserted are properly underlined.

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(6) Amendments that reinstate.

Amendments that reinstate are used solely to restore stricken text, shown with cancellation marks, in existing law. Cancellation marks denote text to be removed from the law if the bill is passed.

Proper occasions to use these amendments are as follows:

  1. Reinstate specified stricken text in a line (Page 1, line 8, reinstate the stricken "college");

  2. Reinstate specified stricken text in two lines (Page 1, lines 8 and 9, reinstate the stricken "university, college, and high school");

  3. Reinstate all stricken text following an indicated word, figure, or punctuation mark in a stated line and any number of additional lines in numerical order (Page 4, lines 12 to 16, reinstate everything after "indication");

  4. Reinstate all stricken text in a line and any number of additional lines (Page 2, lines 17 to 21, reinstate the stricken language);

  5. Reinstate an entirely stricken line (Page 1, reinstate line 4); and

  6. Reinstate multiple entirely stricken lines in numerical order (Page 4, reinstate lines 9 to 18).

The words, figures, or punctuation marks affected by the reinstatement operation must be enclosed in quotation marks. (Example: Reinstate the stricken "commissioner").

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(7) Amendments that renumber.

An amendment that renumbers is common and follows amendments to the text of the paragraph, subdivision, section, or bill to be renumbered. The standard wording is "Renumber the clauses in sequence," "Reletter the paragraphs in sequence," "Renumber the subdivisions in sequence," "Renumber the sections in sequence," or "Renumber the proposed coding in sequence."

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(8) Amendments to the title.

Amendments to the title of the bill are necessary when operations change the stated subject of the bill or the list of statutory provisions amended or repealed, or both. Amendments to the title are amendments that delete, insert, or both. Amendments that strike or reinstate do not occur in the title.

The amended title must accurately reflect the subject of the bill as it will exist when the amending document is adopted. Statutory provisions cited in the title of the bill must be amended to conform to any other changes made that affect those citations.

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(b) "Delete Everything" Amendments

Amendments that are complete substitutes for the body and title of bills are almost bills themselves. The only differences are the opening paragraph of the text which says "Delete everything after the enacting clause and insert:" and the final paragraph, deleting the title and setting out the new title.

Since the amendment supplies all the parts of a bill, all rules and procedures set out in this manual for the drafting of bills apply. For examples of "delete everything" amendments, see the examples at the end of this chapter.

"Delete everything" amendments are commonly used when the bill is changed so substantially in content that many pages of "page and line" amendments would be necessary to change the bill. This technique helps the reader better understand the impact of the proposed amendment because of its merger with the unchanged text of the bill.

When drafting "delete everything" amendments, the drafter must be careful to always say that a bill is being amended by deleting everything after the enacting clause and not just that the bill is deleted and something else substituted. Court cases have periodically arisen claiming that a bill has not been "read three times" as required by the Constitution when one bill is substituted for another. This claim occurs more frequently with regard to "delete everything" amendments. The courts, however, have approved a bill if it has retained the same enacting clause throughout the legislative process during which it was amended, even if by a wholesale change in the text.

When deciding whether to draft a "delete everything" amendment, the drafter should weigh the costs of the alternatives as well as consider the convenience in the particular case. A page and line amendment may be shorter and cheaper to print. On the other hand, a complicated page and line amendment is prone to error and may use too much expensive labor to create and engross.

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(c) "Partial Delete" Amendments

A "partial delete" amendment represents a middle ground between a "delete everything" and a "page and line" amendment. It is used when a portion of the bill is substantially rewritten but the basic bill still remains. It avoids either the necessity of long and complex "page and line" amendments when only a portion of a bill is changed, or using a "delete everything" amendment when not "everything" is changed.

An example of a "partial delete" amendment would be the deletion of a large block of text and its replacement by revised text. If a "page and line" amendment is used, its effect may be incomprehensible without the benefit of an engrossment but a "delete everything" amendment may give the impression that the whole bill is changed.

The form of a "partial delete" amendment is that of a "page and line" amendment except that a bill section or bill page is amended. It combines both the "delete" and "insert" operations. The text of existing law may be affected.

Ways to write a "partial delete" amendment are as follows:

  1. delete a section and insert a new section (Example: Page 12, delete section 4 and insert);

  2. delete multiple sections in increasing numerical order and insert new sections (Example: Pages 9 to 12, delete sections 4 to 9 and insert);

  3. delete a page or more of text between designated page and line numbers and insert new text (Example: Delete page 4, line 9, to page 7, line 34, and insert).

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(d) Senate Floor Amendments; Tense

Senate floor amendments that are prepared on the legislature's word processing equipment are usually typed in the past tense for easy transfer to the Senate Journal although they are read on the Senate floor in the present tense. Senate committee amendments should use the present tense. See examples (1), (2), (3), (4), (5), (6), (7).

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5. Amendments to Amendments

Amendments to amendments must sometimes be drafted. All rules regarding the drafting of amendments apply equally to the drafting of amendments to amendments.

The format for an ordinary amendment to an amendment is simple. For example:

1 M........ moved to amend the Jones amendment to H.F. No. 182,
2 adopted by the Senate January 15, 199., as follows:
3 Page 1, line 11, delete "quality of life" and insert "the
4 amount of energy essential to residential customers"

In this amendment, note the clear identification of the document being amended. The references are to the pages and lines of the Jones amendment.

Drafting is more complex when material is quoted in the first amendment. For example, an amendment reading:

1 Mr. Jones moved to amend H.F. No. 182 as follows:
2 Page 7, line 11, delete "quality of life" and insert "the
3 amount of energy essential to residential customers"

might be amended as follows:

1 M ....... moved to amend the Jones amendment to H.F. No. 182,
2 adopted by the Senate January 15, 1997, as follows:
3 Page 1, delete lines 2 and 3 and insert:
4 "Page 7, line 11, after "life" insert "as indicated by the
5 amount of energy essential to residential customers""

Double quotation marks are used to identify quoted language in all cases.

See example.

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6. Amendments and the Engrossing and Enrolling Process

The process of drafting amendments is an integral part of the engrossing and enrolling process. Only if an amendment is "engrossable" is it really correct. Therefore, chapter 8, on engrossing and enrolling, should be consulted.

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7. Examples

Motion in Committee (Senate form)
Motion in Committee (House form)
Senate Committee Reports
Page and line amendment; no title amendment
Delete everything amendment with page and line title amendment (1), (2)
Rule 49 amendment
House Committee Reports
Page and line amendment; no title amendment
Delete everything amendment with a delete everything title amendment (1), (2)
Senate Floor Amendments
Page and line amendment; page and line title amendment
Delete everything amendment with delete everything title amendment (1), (2)
House file amended by Rule 49 amendment
Senate Floor Motion (Striking Rule 49 amendment)
Unofficial engrossment
House Floor Amendments
Page and line amendment; page and line title amendment (1), (2)
Unofficial engrossment
Amendment to Amendment (Simple)
House Conference Committee Reports
House concurring in the Senate amendment (1), (2)
Senate receding from its amendment (1), (2)
Delete everything amendment; delete everything title amendment (1), (2), (3)
Page and line amendment; no title amendment (1), (2),
Senate Conference Committee Report
Page and line amendment; no title amendment (1), (2)
Section Renumbering
Page and line amendment requiring renumbering of sections in bill


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EXAMPLE - MOTION IN COMMITTEE (Senate form)

1 M ..... moves to amend S. F. No. 1000 as follows:
2 Page 1, line 19, after the period, insert "A member of the
3 legislature may not serve on the subcommittee."



EXAMPLE - MOTION IN COMMITTEE (House form)

 

1 ........ moves to amend H. F. No. 1000 as follows:
2 Page 1, line 19, after the period, insert "A member of the
3 legislature may not serve on the subcommittee."


EXAMPLE - SENATE COMMITTEE REPORT (Page and line amendment; no title amendment)

  

1 Mr. Smith from the Committee on Metropolitan and Local 2 Government and Urban Affairs, to which was referred
3 S.F. No. 170, A bill for an act relating to political 4 subdivisions; regulating certain interests in contracts by 5 public officials; amending Minnesota Statutes 1992, section 471.88, 6 subdivisions 2, 5, and 8.
7 Reports the same back with the recommendation that the bill be 8 amended as follows:
9 Page 2, line 11, delete "$3,000" and insert "$5,000"
10 Page 2, line 16, delete "$3,000" and insert "$2,000"
11 Page 2, after line 18, insert:
12 "Sec. 4. [EFFECTIVE DATE.]
14 This act is effective the day following final enactment."
15 And when so amended the bill do pass. Amendments adopted. 16 Report adopted.
17 .............................. 18 (Committee Chair) 19 20 January 19, 19.. 21 (Date of Committee recommendation)


Only the amendment would be prepared by drafter. The committee secretary will complete the report by assembling it in committee report form. The committee secretary will use the personal title, Mr., Ms., or Mrs., that the individual senator prefers.


EXAMPLE - SENATE COMMITTEE REPORT (Delete everything amendment with page and line title amendment)
1      Ms. Jones from the Committee on Taxes and Tax Laws,to which
2   was referred
3 S.F. No. 267, A bill for an act relating to taxation; 4 defining "common carrier" for certain purposes in connection with 5 the sales and use tax; amending Minnesota Statutes 1992, section 6 297A.01, by adding a subdivision.
7 Reports the same back with the recommendation that the bill 8 be amended as follows:
9 Delete everything after the enacting clause and insert:
10 "Section 1. Minnesota Statutes 1992, section 297A.211,
11 subdivision 1, is amended to read:
12 Subdivision 1. Every person, as defined in this chapter,
13 who is engaged in the transportation of property as a common
14 carrier in interstate commerce interstate for-hire transportation
15 of tangible personal property by motor vehicle may at their
16 option, under rules and regulations prescribed by the
17 commissioner, register as retailers and pay the taxes imposed by
18 this chapter in accordance with this section. Persons referred
19 to by this subdivision are:
20 (1) persons possessing a certificate or permit authorizing
21 for-hire transportation of property from the Interstate Commerce
22 Commission or the public utilities commission; or
23 (2) persons transporting commodities defined as "exempt" in
24 for-hire transportation in interstate commerce; or
25 (3) persons who, under contracts with persons described in
26 clause (1) or (2), transport tangible personal property in
27 interstate commerce.
28 Persons qualifying under clauses (2) and (3) must maintain
29 on a current basis the same type of mileage records required by
30 the United States Department of Commerce for persons specified in
31 clause (1).

EXAMPLE - SENATE COMMITTEE REPORT (Delete everything amendment with page and line title amendment, Cont.)

1 Sec. 2. [EFFECTIVE DATE.]
2 This act is effective the day following final enactment."
3 Amend the title as follows:
4 Page 1, line 5, delete "297A.01, by adding a subdivision"
5 and insert "297A.211, subdivision 1"
6 And when so amended the bill do pass. Amendments adopted. 7 Report adopted.
8
9
10 ....................... 11 (Committee Chair) 12 13 January 19, 19.. 14 (Date of Committee recommendation)

























EXAMPLE - SENATE COMMITTEE REPORT (Rule 49 amendment)

1 Mrs. Black from the Committee on Rules and Administration, 2 to which was referred
3 H.F. No. 1561 for comparison with companion Senate File, 4 reports the following House File was found not identical with 5 companion Senate File as follows:
6 GENERAL ORDERS CONSENT CALENDAR CALENDAR 7 H.F. No. S.F. No. H.F. No. S.F. No. H.F. No. S.F. No. 8 1561 1417
9 Pursuant to Rule 49, the Committee on Rules and 10 Administration recommends that H.F. No. 1561 be amended as 11 follows:
12 Delete all the language after the enacting clause of H.F. 13 No. 1561 and insert the language after the enacting clause of 14 S.F. No. 1417, the first engrossment; further, delete the title 15 of H.F. No. 1561 and insert the title of S.F. No. 1417, the first 16 engrossment.
17 And when so amended H.F. No. 1561 will be identical to S.F. 18 No. 1417, and further recommends that H.F. No. 1561 be given its 19 second reading and substituted for S.F. No. 1417, and that the 20 Senate File be indefinitely postponed.
21 Pursuant to Rule 49, this report was prepared and submitted 22 by the Secretary of the Senate on behalf of the Committee on 23 Rules and Administration. Amendments adopted. Report adopted.


This report, required by Senate Rule 49, is drafted by the revisor of statutes.

















EXAMPLE - HOUSE COMMITTEE REPORT (Page and line amendment; no title amendment)

1 ...... from the Committee on Governmental Operations and 2 Gaming to which was referred:
3 H.F. No. 2224, A bill for an act relating to the city of 4 Nashwauk; increasing police relief pensions and widows' benefits; 5 amending Laws 1943, chapter 196, sections 4, as amended; and 8.
7
8 Reported the same back with the following amendments:
9 Page 2, line 11, after "department" insert ", plus an
10 additional $3 per month for each year of service"
11 Page 3, line 20, after the period, insert "The increases
12 provided for in section 1 apply to service pensioners or widows
13 who are receiving service pensions or widow's benefits on the
14 effective date of this act. The increases begin to accrue on the
15 first day of the month next following the effectiev date of
16 sections ..... "
17 With the recommendation that when so amended the bill pass.
18
19
20
21
22
23 This Committee action taken ..........., 19.. 24 25 .................................... Chairman











EXAMPLE - HOUSE COMMITTEE REPORT (Delete everything amendment with a delete everything title amendment)

1 .......... from the Committee on General Legislation, 2 Veterans Affairs, and Elections to which was referred:
3 H.F. No. 2451, A bill for an act relating to elections; 4 amending Minnesota Statutes 1992, section 202A.15, by adding a 5 subdivision.
6 Reported the same back with the following amendments:
7 Delete everything after the enacting clause and insert:
8 "Section 1. [202A.192] [USE OF PUBLIC FACILITIES.]
9 A statutory city, home rule charter city, county, town,
10 school district and other public agency, including the University
11 of Minnesota and other public colleges and universities, must
12 make its facilities available for the holding of precinct
13 caucuses and legislative district or county conventions required
14 by chapter 202A. A charge for the use of the facilities may be
15 imposed in an amount that does not exceed the lowest amount
16 charged to any other public or private group.
17 Sec. 2. Minnesota Statutes 1992, section 202A.65,
18 subdivision 3, is amended to read:
19 Subd. 3. [NOMINATING PETITIONS; TIME FOR FILING.] In all
20 cases other than those provided in subdivision 2, nominating
21 petitions shall be filed not later than the seventh eighth day
22 during the filing period preceding the election at which the
23 vacancy is to be filled.
22 Sec. 3. [EFFECTIVE DATE.]
23 This act is effective the day following final enactment."







EXAMPLE - HOUSE COMMITTEE REPORT (Delete everything amendment with a delete everything title amendment, Cont.)

1 Delete the title and insert:
2 "A bill for an act
3 relating to elections; making public facilities 4 available for precinct caucuses; fixing the charge for 5 their use; providing for the filing of certain 6 nominating petitions; amending Minnesota Statutes 1992, 7 section 202A.65, subdivision 3; proposing coding for new 8 law in Minnesota Statutes, chapter 202A." 9
10 With the recommendation that when so amended the bill pass.
11
12
13
14
15
16 This Committee action taken ........, 19.. 17 18 ................................, Chairman





















EXAMPLE - SENATE FLOOR AMENDMENT (Page and line amendment; page and line title amendment)

1 M ............. moved to amend S.F. No. 1234 as follows:
2 Page 1, line 10, after the period, insert "These licenses do
3 not expire until January 1, 1994."
4 Amend the title as follows:
5 Page 1, line 3, after "valid" insert "; extending the
6 expiration date of certain licenses"

EXAMPLE - SENATE FLOOR AMENDMENT (Delete everything amendment with delete everything title amendment)

1 M ........ moved to amend S.F. No. 1286 as follows:
2 Delete everything after the enacting clause and insert:
3 "Section 1. [GENERAL OBLIGATION NURSING HOME BONDS.]
4 Subdivision 1. [AUTHORIZATION.] The board of commissioners
5 of Chisago county may by resolution sell and issue general
6 obligation bonds of the county in an amount up to $1,500,000 to
7 finance the acquisition and betterment of additional facilities
8 for the county nursing home, comprising apartment units.
9 Subd. 2. [ADMINISTRATION AND RENTAL OF APARTMENT UNITS.] The
10 apartment units must be constructed in close proximity to
11 existing county nursing home facilities and administered together
12 with the existing facilities as part of an overall program for
13 the care of aged and infirm persons. The board of commissioners
14 may rent the apartment units to persons applying for entrance to
15 the county nursing home, or to other elderly persons of low- and
16 moderate-income who may require use of nursing home facilities,
17 upon terms and conditions the board deems advisable.
18 Subd. 3. [ELIGIBILITY.] The county may by ordinance adopt
19 regulations establishing age, health, and income eligibility
20 requirements for the rental of the apartment units. The
21 regulations may provide different rental terms and conditions for
22 persons of different ages, health conditions, and incomes.
23 Subd. 4. [BOND SECURITY; REFERENDUM PETITION.] The bonds
24 must be issued and secured in accordance with Minnesota Statutes,
25 sections 445.45 to 445.50 and chapter 475, except that in
26 authorizing the bonds the board of commissioners shall:

EXAMPLE - SENATE FLOOR AMENDMENT (Delete everything amendment with delete everything title amendment, Cont.)

1 (1) adopt an initial resolution stating the amount, purpose
2 and, in general, the security to be provided for the bonds; and
3 (2) publish the resolution once each week for two
4 consecutive weeks in the official newspaper.
5 The bonds may be issued without the submission of the
6 question of their issuance to the electors unless within 30 days
7 after the second publication of the resolution a petition
8 requesting the election signed by more than ten percent of the
9 qualified electors voting in the county at the last general
10 election is filed with the county auditor. If a petition is
11 filed, bonds must not be issued under this subdivision unless
12 authorized by a majority of the electors voting on the question."
13 Delete the title and insert:
14 "A bill for an act relating to Chisago county; 15 authorizing the issuance of general obligation bonds do 16 finance the cost of facilities for the county nursing 17 home; providing for the administration and rental of the 18 facilities."




EXAMPLE - SENATE FLOOR AMENDMENT (House file amended by Rule 49 amendment)

  

1 M ......... moved to amend H.F. No. 1991, as amended 2 pursuant to Rule 49, adopted by the Senate March 29, 199., as 3 follows:
4 (The text of the amended House File is identical to S.F. No. 5 2084.)
6 Page 4, lines 12 to 20, delete the new language and 7 reinstate the stricken language


EXAMPLE - SENATE FLOOR MOTION (Striking Rule 49 amendment)

  

1 M ......... moved that the amendment made to H.F. No. 1561 2 by the Committee on Rules and Administration in the report 3 adopted March 29, 199., pursuant to Rule 49, be stricken.


EXAMPLE - SENATE FLOOR AMENDMENT (Unofficial engrossment)

  

1 M......... moved to amend H.F. No. 1616, the unofficial 2 engrossment, as follows:
3 Page 1, line 17, strike "four" and insert "six"
4 Amend the title as follows:
5 Page 1, line 4, after the semicolon, insert "increasing the
6 number of citizen board members;"


In the opening language, note the reference to the unofficial engrossment when that is being amended.





EXAMPLE - HOUSE FLOOR AMENDMENT (Page and line amendment; page and line title amendment)

1 ............. moves to amend H.F. No. 1234 as follows:
2 Page 31, lines 28 to 30, reinstate the stricken language
3 Page 59, line 29, delete "60A.13, subdivisions 3 and 4;"
4 Amend the title as follows:
5 Page 1, line 36, delete "60A.13,"
6 Page 1, line 37, delete "subdivisions 3 and 4;"



































EXAMPLE - HOUSE FLOOR AMENDMENT (Page and line amendment; page and line title amendment)

1 ............. moves to amend H. F. No. 438, the first
2 engrossment, as follows:
3 Page 2, line 28, delete "This act" and insert "Section 1"
4 Page 2, after line 30, insert:
5 "Sec. 3. [LEOTA, TOWN OF; DETACHED BANKING FACILITY;
6 AUTHORIZATION.]
7 With the prior approval of the commissioner of commerce, a
8 bank doing business in this state may establish and maintain not
9 more than one detached facility in the town of Leota in Nobles
10 county. A bank desiring to establish a detached facility shall
11 follow the approval procedure prescribed in Minnesota Statutes,
12 section 47.54. The establishment of a detached facility in the
13 town of Leota is subject to Minnesota Statutes, sections 47.51 to
14 47.57."
15 Amend the title as follows:
16 Page 1, line 2, after "to" insert "banking;"
17 Page 1, line 7, after the semicolon, insert "authorizing the
18 establishment of a detached banking facility in the town of Leota
19 in Nobles county;"













EXAMPLE - HOUSE FLOOR AMENDMENT (Unofficial engrossment)

1 ......... moves to amend S. F. No. 1616, the unofficial
2 engrossment, as follows:
3 Page 1, line 17, strike "four" and insert "six"
4 Amend the title as follows:
5 Page 1, line 4, after the semicolon, insert "increasing the
6 number of citizen board members;"

EXAMPLE - AMENDMENT TO AMENDMENT (Simple)

1 M ......... moved to amend the Jones amendment to H.F.
2 No. 182 as follows:
3 Page 1, line 11, delete "quality of life" and insert "the
4 amount of energy essential to residential customers"
5 Page 1, line 13, after "encouraged" insert "and the quality"
6 of life protected"
7 Page 2, delete line 1
8 Page 2, line 3, reinstate the stricken "revenue"
9 Page 2, line 7, strike "and any lost revenues"

In the opening language, note the precise identification of the old amendment.

Note that all lines of the new amendment are numbered.














EXAMPLE - HOUSE CONFERENCE COMMITTEE REPORT (House concurring in the Senate amendment)

1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 317
2 A bill for an act
3 relating to highway traffic regulations; prescribing 4 penalties and providing remedies for passing a stopped 5 school bus displaying stop arm signals; amending 6 Minnesota Statutes 1996, section 169.44, by adding a 7 subdivision.
8 May 19, 1997
9 The Honorable .................. 10 Speaker of the House of Representatives 11 12 The Honorable .................. 13 President of the Senate
14
15 We, the undersigned conferees for H.F. No. 317, report that 16 we have agreed upon the items in dispute and recommend as 17 follows:
18
19 That the House concur in the Senate amendment.


1 We request adoption of this report and repassage of the bill.
2
3 House conferees: (Signed) 4 5 6 ......................... ........................ 7 8 9 10 ......................... ........................ 11 12 13 14 ......................... 15 16 17 18 19 20 Senate Conferees: (Signed) 21 22 23 .......................... ........................ 24 25 26 27 .......................... ........................ 28 29 30 31 ..........................




















EXAMPLE - HOUSE CONFERENCE COMMITTEE REPORT (Senate receding from its amendment)

1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 624
2 A bill for an act
3 relating to counties; fixing the amounts that may be 4 spent for Memorial Day observances; amending Minnesota 5 Statutes 1996, sections 375.34 and 375.35.
6 May 18, 1997
7 The Honorable .................. 8 Speaker of the House of Representatives
9 The Honorable .................. 10 President of the Senate
11 We, the undersigned conferees for H.F. No. 624, report that 12 we have agreed upon the items in dispute and recommend as 13 follows:
14 That the Senate recede from its amendment.

1 We request adoption of this report and repassage of the bill. 2 3 4 House conferees: (Signed) 5 6 7 ......................... ....................... 8 9 10 11 ......................... ....................... 12 13 14 15 ......................... 16 17 18 19 20 21 Senate Conferees: (Signed) 22 23 24 ......................... ....................... 25 26 27 28 ......................... ....................... 29 30 31 32 .........................

EXAMPLE - HOUSE CONFERENCE COMMITTEE REPORT (Delete everything amendment; delete everything title amendment)

1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 2466
2 A bill for an act
3 relating to privacy of data on individuals; 4 definitions, determination and emergency 5 classification; amending Minnesota Statutes 1996, 6 sections 15.162, subdivision 2a; and 15.1642, 7 subdivisions 3 and 5; repealing Minnesota Statutes 8 1996, section 15.1642, subdivision 4.
9 May 18, 1997
10 The Honorable ....................... 11 Speaker of the House of Representatives 11 12 The Honorable ....................... 13 President of the Senate
14 We, the undersigned conferees for H.F. No. 2466, report that
15 we have agreed upon the items in dispute and recommend as
16 follows:
17
18 That the Senate recede from its amendment and that H.F. No.
19 2466 be further amended as follows:
20
21 Delete everything after the enacting clause and insert:
22 "Section 1. Minnesota Statutes 1992, section 15.162,
23 subdivision 2a, is amended to read:
24 Subd. 2a. [CONFIDENTIAL DATA ON INDIVIDUALS.]
25 "Confidential data on individuals" means data which is (a) made
26 not public by statute or federal law applicable to the data and
27 is inaccessible to the individual subject of that data; or (b)
28 collected by a civil or criminal investigative agency as part of
29 an active investigation undertaken for the purpose of the
30 commencement of a legal action, provided that the burden of
31 proof as to whether such investigation is active or in
32 anticipation of a legal action is upon the agency. Confidential
33 data on individuals does not include arrest information that is
34 reasonably contemporaneous with an arrest or incarceration. The
35 provision of clause (b) shall terminate and cease to have force
36 with regard to the state agencies, political subdivisions,
37 statewide systems, covered by the ruling, upon the granting or
38 refusal to grant an emergency classification pursuant to section
39 15.1642 of both criminal and civil investigative data, or on
40 July 31, 1978 1994, whichever occurs first.





EXAMPLE - HOUSE CONFERENCE COMMITTEE REPORT (Delete everything amendment; delete everything title amendment, Cont.)

1 Sec. 2. Minnesota Statutes 1992, section 15.1642,
2 subdivision 5, is amended to read:
3 Subd. 5. [EXPIRATION OF EMERGENCY CLASSIFICATION.] All
4 emergency classifications granted under this section and still in
5 effect shall expire on July 31, 1978 1994. No emergency
6 classifications shall be granted after July 31, 1978 1994.
7 Sec. 3. [15.1643] [INTERNATIONAL DISSEMINATION PROHIBITED.]
8 A state agency or political subdivision shall not transfer
9 or disseminate private or confidential data on individuals to the
10 private international organization known as Interpol.
11 Sec. 4. [REPEALER.]
12 Minnesota Statutes 1992, sections 144.151, subdivisions 8
13 and 9; and 144.175, subdivision 2, are repealed.
14 Sec. 5. [EFFECTIVE DATE.]
15 Sections 1, 2, and 4 are effective the day following final
16 enactment. Section 3 is effective July 1, 1998."
4 Delete the title and insert:
5 "A bill for an act
6 relating to privacy of data on individuals; continuing 7 confidentiality of certain investigative data; 8 continuing certain emergency classifications of data; 9 prohibiting the release of certain data to the 10 international organization known as Interpol; amending 11 Minnesota Statutes 1996, sections 15.162, subdivision 12 2a; and 15.1642, subdivision 5; proposing coding for new 13 law in Minnesota Statutes, chapter 15; repealing 14 Minnesota Statutes 1996, sections 144.151, subdivisions 15 8 and 9; and 144.175, subdivision 2."







EXAMPLE - HOUSE CONFERENCE COMMITTEE REPORT (Delete everything amendment; delete everything title amendment, Cont.)

1 We request adoption of this report and repassage of the
2 bill.
3
4
5 House conferees: (Signed)
6
7
8 .......................... ..........................
9
10
11 .......................... ...........................
12
13
14 ..........................
15
16
17
18 Senate Conferees: (Signed)
19
20
21 .......................... ...........................
22
23
24 .......................... ...........................
25
26
27 ..........................


EXAMPLE - HOUSE CONFERENCE COMMITTEE REPORT (Page and line amendment; no title amendment)

1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 921
2 A bill for an act
3 relating to public employees; designating the number of 4 arbitrators to resolve labor dispute; amending 5 Minnesota Statutes 1996, section 179.72, subdivision 6.
6 May 16, 1997
7 The Honorable .................. 8 Speaker of the House of Representatives 9 10 The Honorable .................. 11 President of the Senate
12
13 We, the undersigned conferees for H.F. No. 921, report that 14 we have agreed upon the items in dispute and recommend as 15 follows:


16 That the Senate recede from its amendment and that H.F. No.
17 921 be further amended as follows:
17 Page 2, lines 8 to 12, reinstate the stricken language
18 Page 2, line 11, strike "$100" and insert "$180"
19 Page 2, line 14, after the period, insert "When a single
20 arbitrator is hearing a dispute, the costs of the arbitrator
21 must also be shared by the parties to the dispute."

1 We request adoption of this report and repassage of the bill.
2
3 House conferees: (Signed) 4 5 6 .......................... ........................... 7 8 9 10 .......................... ........................... 11 12 13 14 .......................... 15 16 17 18 19 20 Senate Conferees: (Signed) 21 22 23 .......................... ........................... 24 25 26 27 .......................... ........................... 28 29 30 31 ..........................

EXAMPLE - SENATE CONFERENCE COMMITTEE REPORT (Page and line amendment; no title amendment)

1 CONFERENCE COMMITTEE REPORT ON S.F. NO. 274
2 A bill for an act
3 relating to natural resources; authorizing additions to and 4 deletions from certain state parks; authorizing land 5 acquisition in relation thereto; amending Laws 1945, 6 chapter 484, section 1, as amended.
7 May 18, 1997
8 The Honorable ................ 9 President of the Senate
10 The Honorable ................ 11 Speaker of the House of Representatives
12 We, the undersigned conferees for S.F. No. 274, report that we 13 have agreed upon the items in dispute and recommend as follows:
14 That the Senate concur in the House committee amendment adopted 15 May 6, 1993, and the House recede from the amendments it adopted May 16 12, 1993, and that S.F. No. 274 be further amended as follows:
17 Page 6, after line 14, insert:
18 "Subd. 7. [85.012] [Subd. 6] [BIG STONE STATE PARK; DELETION.]
19 The following area is deleted from Big Stone State Park: The
20 Northeast Quarter of the Northwest Quarter of Section 20 in Township
21 123 North, Range 48 West and that part of Government Lot 2, Section
22 10, Township 122, Range 47 lying south of Highway No. 7 and west of
23 the following described line: Commencing at a point on the westerly
24 boundary line of Government Lot 2, Section 10, Township 122, Range
25 47 that is 189.75 feet due South of the intersection of the Westerly
26 boundary line of Government Lot 2 and the Southerly right of way
27 line of Trunk Highway No. 7; thence due East 853.3 feet to an iron
28 stake; thence deflect to the left at a delta angle of 71 degrees 41
29 minutes 371.9 feet to the intersection of the line with the
30 Southerly right of way line of Trunk Highway No. 7, which is the
31 starting point of the line above referred to; thence in a
32 Southwesterly direction back along the line just described for a
33 distance of 1081.4 feet to the shores of Big Stone Lake."
















EXAMPLE - SENATE CONFERENCE COMMITTEE REPORT (Page and line amendment; no title amendment, Cont.)

1 We request adoption of this report and repassage of the 2 bill.
3
4 Senate conferees: (Signed) 5 6 7 .......................... ........................... 8 9 10 11 .......................... ........................... 12 13 14 15 .......................... 16 17 18 29 20 21 House Conferees: (Signed) 22 23 24 .......................... ........................... 25 26 27 28 .......................... ........................... 29 30 31 32 ..........................
















EXAMPLE - SECTION RENUMBERING (Page and line amendment requiring renumbering of sections in bill)

1 .................. moves to amend H. F. No. 1702 as follows:
2 Page 1, after line 13, insert:
3 "Sec. 2. Minnesota Statutes 1992, section 330.02, is
4 amended to read:
5 330.02 [BOND.]
6 Every auctioneer, before making sales, shall give a
7 corporate surety bond to the county state in a the penal sum of
8 not less than $1,000 nor more than $3,000 to be fixed by
9 the treasurer and with sureties approved by the treasurer $5,000
10 conditioned that he will pay all sums required by law and in all
11 things conform to the laws relating to auctioneers. The
12 treasurer shall endorse his approval upon such bond, and file it
13 in his office The bond must be approved and filed as provided in
14 chapter 574."
15 Renumber the sections in sequence
16 Amend the title as follows:
17 Page 1, after line 2, insert "modifying bond requirements;"
18 Page 1, line 3, delete "section" and insert "sections"
19 Page 1, line 4, before the period, insert "; and 330.02"

Note the directive to renumber the section. In the course of engrossing, this directive will be carried out.


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