Milbert, Pelowski and Workman were excused.

Farrell was excused until 3:00 p.m.

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

S. F. No. 1846 and H. F. No. 2281, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Munger moved that S. F. No. 1846 be substituted for H. F. No. 2281 and that the House File be indefinitely postponed. The motion prevailed.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 87, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article V, sections 1, 3, and 4; article VIII, section 2; article XI, sections 7 and 8; abolishing the office of state treasurer; transferring or repealing the powers, responsibilities, and duties of the state treasurer; amending Minnesota Statutes 1994, sections 9.011, subdivision 1; and 11A.03.

Reported the same back with the following amendments:

Page 4, lines 13 and 18, delete "1994" and insert "2002"

Page 5, line 9, delete "1999" and insert "2007"

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.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 227, A bill for an act relating to occupations and professions; board of medical practice; prohibiting prior authorization by anyone other than a person licensed to practice medicine; amending Minnesota Statutes 1994, sections 147.081, subdivision 3; and 147.091, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 62Q.12, is amended to read:

62Q.12 [DENIAL OF ACCESS.]

(a) No health plan company may deny access to a covered health care service unless the denial is made by, or under the direction of, or subject to the review of a health care professional licensed to provide the service in question.

(b) If a covered health care service is recommended by a physician, a denial of access permitted by paragraph (a) must be made by, under the direction of, or subject to review by a physician. A health plan company may contract with a physician to review a denial of access as required under this paragraph.

(c) Denial of access that does not comply with paragraph (b) and results in care that fails to conform to minimal standards of acceptable and prevailing practice within the specialty of the care ordered, whether or not actual injury to a patient is established, is grounds for the commissioner responsible for regulating the health plan company to take any action authorized under section 45.027 or 144.99.

(d) For purposes of this section, "physician" means a person licensed to practice medicine under chapter 147 or a person licensed to practice osteopathy under Minnesota Statutes 1961, sections 148.11 to 148.16.

Sec. 2. Minnesota Statutes 1995 Supplement, section 144.99, subdivision 1, is amended to read:

Subdivision 1. [REMEDIES AVAILABLE.] The provisions of chapters 103I and 157 and sections 62Q.12; 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), and (15); 144.121; 144.1222; 144.35; 144.381 to 144.385; 144.411 to 144.417; 144.491; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992; 326.37 to 326.45; 326.57

to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, registrations, certificates, and permits adopted or issued by the department or under any other law now in force or later enacted for the preservation of public health may, in addition to provisions in other statutes, be enforced under this section.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective July 1, 1996, and apply to any request for access made on or after that date."

Delete the title and insert:

"A bill for an act relating to health; specifying who may deny access to service under MinnesotaCare; providing penalties; amending Minnesota Statutes 1994, section 62Q.12; Minnesota Statutes 1995 Supplement, section 144.99, subdivision 1."

With the recommendation that when so amended the bill pass.

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 599, A bill for an act relating to transportation; taxation; changing depreciation schedules for passenger automobile registrations; increasing tax on gasoline and special fuel to 22 cents per gallon; amending Minnesota Statutes 1994, sections 168.013, subdivision 1a; and 296.02, subdivision 1b.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 168.013, subdivision 1a, is amended to read:

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

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

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

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

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

FROM TO

$ 0 $199.99

200 399.99

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

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

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

(h) Except as provided in paragraph (i), the annual additional tax computed upon the base value as provided herein, during the first and second years year of vehicle life shall be computed upon 100 percent of the base value; for the third and fourth years second year, 90 percent of such value; for the fifth and sixth years third year, 75 percent of such value; for the seventh fourth year, 60 percent of such value; for the fifth year, 45 percent of such value; for the eighth sixth year, 40 35 percent of such value; for the ninth seventh year, 30 percent of such value; for the eighth year, 20 percent of such value; for the ninth year, 15 percent of such value; for the tenth year, ten percent of such value; for the 11th and each succeeding year, the sum of $25.

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

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

Sec. 2. Minnesota Statutes 1995 Supplement, section 296.02, subdivision 1b, is amended to read:

Subd. 1b. [RATES IMPOSED.] The gasoline excise tax is imposed at the following rates:

(1) E85 is taxed at the rate of 14.2 15.6 cents per gallon;

(2) M85 is taxed at the rate of 11.4 12.5 cents per gallon; and

(3) all other gasoline is taxed at the rate of 20 22 cents per gallon.

Sec. 3. Minnesota Statutes 1995 Supplement, section 296.025, subdivision 1b, is amended to read:

Subd. 1b. [TAX RATES.] The special fuel excise tax is imposed at the following rates:

(1) Liquefied petroleum gas or propane is taxed at the rate 15 16.5 cents per gallon.

(2) Liquefied natural gas is taxed at the rate of 12 13.2 cents per gallon.

(3) Compressed natural gas is taxed at the rate of $1.739 $1.913 per thousand cubic feet; or 20 22 cents per gasoline equivalent, as defined by the National Conference on Weights and Measures, which is 5.66 pounds of natural gas.

(4) All other special fuel is taxed at the same rate as the gasoline excise tax.

Sec. 4. [EFFECTIVE DATE.]

Section 1 is effective December 1, 1996, for registration year 1997 and subsequent years. Section 2 is effective December 1, 1996, and applies to all gasoline in distributor storage on that date. Section 3 is effective December 1, 1996."

Amend the title as follows:

Page 1, line 4, delete everything after "on"

Page 1, line 5, delete everything before the semicolon, and insert "motor fuels"

Page 1, delete lines 6 and 7 and insert "Statutes 1995 Supplement, sections 168.013, subdivision 1a; 296.02, subdivision 1b; and 296.025, subdivision 1b."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1661, A bill for an act relating to the environment; requiring a study of environmental justice; appropriating money.

Reported the same back with the following amendments:

Page 1, line 16, delete "and" and insert a comma and before the period insert ", and appropriate business and labor groups"

Page 1, line 17, delete "1996" and insert "1997"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.

The report was adopted.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 1926, A bill for an act relating to occupations; regulating the practice of dental hygiene; amending Minnesota Statutes 1994, sections 150A.05; 150A.06, subdivision 2; and 150A.10, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 150A.05, is amended to read:

150A.05 [LICENSED DENTAL PRACTICE OF DENTISTRY.]

Subdivision 1. [DEFINITION PRACTICE OF DENTISTRY.] A person shall be deemed to be practicing dentistry within the meaning of sections 150A.01 to 150A.12:

(1) who uses a dental degree, or designation, or card, device, directory, sign, or other media whereby the person represents an ability to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums or jaw, or adjacent or associated structures; or

(2) who is a manager, proprietor, operator or conductor of a place where dental operations are performed; or

(3) who performs dental operations of any kind gratuitously, or for a fee, gift, compensation or reward, paid or to be paid, to any person or agency; or

(4) who uses a roentgen or X-ray machine for dental treatment, roentgenograms or for dental diagnostic purposes; or

(5) who extracts a human tooth or teeth, or corrects or attempts to correct malpositions of the human teeth or jaws; or

(6) who offers and undertakes, by any means or method, to diagnose, treat or remove stains or accretions from human teeth or jaws; or

(7) who takes impressions of the human tooth, teeth, or jaws or performs any phase of any operation incident to the replacement of a part of a tooth, a tooth, teeth or associated tissues by means of a filling, a crown, a bridge, a denture or other appliance; or

(8) who furnishes, supplies, constructs, reproduces, or repairs, or offers to furnish, supply, construct, reproduce or repair prosthetic dentures or plates, bridges or other substitutes for natural teeth, to the user or prospective user thereof; or

(9) who performs any clinical operation included in the curricula of recognized dental schools and colleges.

Subd. 1a. [PRACTICE OF DENTAL HYGIENISTS.] A person shall be deemed to be practicing as a dental hygienist within the meaning of sections 150A.01 to 150A.12:

(1) who provides care that is educational, preventive, and therapeutic through observation, assessment, evaluation, counseling, and therapeutic services to establish and maintain oral health;

(2) who evaluates patient health status through review of medical and dental histories, assesses and plans dental hygiene care needs, performs a prophylaxis including complete removal of calciferous deposits, accretions and stains by scaling, polishing, and performs root planing and debridement;

(3) who administers local anesthesia and nitrous oxide inhalation analgesia; or

(4) who provides other related services as permitted by the rules of the board.

Subd. 2. [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to:

(1) the practice of dentistry or dental hygiene in any branch of the armed services of the United States, the United States Public Health Service, or the United States Veterans Administration;

(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate dental students, dental hygiene students, and dental assisting students of the University of Minnesota, schools of dental hygiene, or schools of dental assisting approved by the board, when acting under the direction and supervision of a licensed dentist or a licensed dental hygienist acting as an instructor;

(3) the practice of dentistry by licensed dentists of other states or countries while appearing as clinicians under the auspices of a duly approved dental school or college, or a reputable dental society, or a reputable dental study club composed of dentists;

(4) the actions of persons while they are taking examinations for licensure or registration administered or approved by the board pursuant to sections 150A.03, subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;

(5) the practice of dentistry by dentists and dental hygienists licensed by other states during their functioning as examiners responsible for conducting licensure or registration examinations administered by regional and national testing agencies with whom the board is authorized to affiliate and participate under section 150A.03, subdivision 1, and the practice of dentistry by the regional and national testing agencies during their administering examinations pursuant to section 150A.03, subdivision 1;

(6) the use of X-rays or other diagnostic imaging modalities for making radiographs or other similar records in a hospital under the supervision of a physician or dentist or by a person who is credentialed to use diagnostic imaging modalities or X-ray machines for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing agency other than the board of dentistry; or

(7) the service, other than service performed directly upon the person of a patient, of constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic, or other dental appliance, when performed according to a written work order from a licensed dentist in accordance with section 150A.10, subdivision 3.

Sec. 2. Minnesota Statutes 1994, section 150A.06, subdivision 2, is amended to read:

Subd. 2. [DENTAL HYGIENISTS.] A person of good moral character not already a licensed dental hygienist of this state, who has graduated from an accredited high school or its equivalent, and has submitted a dental hygiene program established in an institution that is accredited by an accrediting agency recognized by the United States Department of Education to offer college-level programs may apply for licensure. The dental hygiene program must provide a minimum of two academic years of dental hygiene curriculum and be accredited by the American Dental Association Commission on Dental Accreditation. The applicant must submit an application and fee as prescribed by the board and the a diploma or equivalent awarded to the person by a training school for dental hygienists or its equivalent approved by the board, may be examined by the board or by an agency pursuant to section 150A.03,

subdivision 1, in a manner to test the applicant's fitness to practice dental hygiene certificate of dental hygiene. Prior to being licensed, the applicant must pass the National Board of Dental Hygiene Examination and a board approved examination designed to determine the applicant's clinical competency. In the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants may take the examination before applying to the board for licensure. Each The applicant shall must also be examined on pass an examination testing the applicant's knowledge of the laws of Minnesota relating to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake the clinical examination required by the board after failing it twice until further education and training are obtained as specified by the board by rule. A separate, nonrefundable fee may be charged for each time a person applies. An applicant who passes the examination in compliance with subdivision 2b and meets all the other requirements of the board shall be licensed as a dental hygienist and supplied with a license by the board.

Sec. 3. Minnesota Statutes 1994, section 150A.10, subdivision 1, is amended to read:

Subdivision 1. [DENTAL HYGIENISTS.] Any licensed dentist, public institution, or school authority may use the obtain services of from a licensed dental hygienist. Such licensed dental hygienist may perform provide those services which are educational, diagnostic, therapeutic, or preventive in nature and are authorized by the board of dentistry defined in section 150A.05, subdivision 1a. Such services shall not include the establishment of a final diagnosis or treatment plan for a dental patient. Such services shall be performed provided under supervision of a licensed dentist. Any licensed dentist who shall permit the performance of any dental service by a dental hygienist other than those authorized by the board of dentistry, shall be deemed to be violating the provisions of sections 150A.01 to 150A.12, and performance of any such unauthorized dental service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.

Sec. 4. [INSTRUCTION TO REVISOR.]

The revisor shall change the headnote to Minnesota Statutes, section 150A.10, to read "ALLIED DENTAL PERSONNEL."

Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 3 are effective the day after final enactment."

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Osthoff from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 2008, A bill for an act relating to insurance; health; regulating childbirth and postpartum care benefits; amending Minnesota Statutes 1994, section 62A.041, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, delete lines 22 and 23 and insert:

"Sec. 2. [62A.0411] [MATERNITY CARE.]"

Page 1, line 24, delete everything before "Every"

Amend the title as follows:

Page 1, line 3, delete everything after the semicolon, and insert "proposing coding for new law in Minnesota Statutes, chapter 62A."

Page 1, delete lines 4 and 5

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2042, A bill for an act relating to the human rights act; providing that making certain equal opportunities in athletic programs available on the basis of sex is not an unfair discriminatory practice; amending Minnesota Statutes 1994, section 363.02, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 25, delete "If"

Page 1, delete line 26

Page 2, delete lines 1 to 4

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 2119, A bill for an act relating to the reorganization, administration, and operation of a hospital district in Rice county; amending Laws 1963, chapter 118, sections 1, subdivision 3; 2; 4; and 6.

Reported the same back with the following amendments:

Page 2, line 15, strike "removal from the district" and insert "nonresidency"

Page 2, line 16, delete "or" and reinstate the stricken "or" and after the stricken "other" insert "removal for" and reinstate the stricken "cause"

Page 2, line 28, after the period, insert "The hospital board shall adopt bylaws to provide grounds and a procedure for removal of board members for cause and may remove board members in accordance with the bylaws."

Page 4, line 29, strike "millage"

Page 4, line 30, strike "levy" and insert "net tax capacity"

Page 4, delete line 36 and insert:

"Subd. 4. Only an increase in the amount of taxes levied by the hospital board over three percent of the hospital district's net tax capacity shall require ratification by a majority vote of the Faribault city council and a majority of the governing bodies of the other municipalities in the hospital district. At the option of the hospital board, the vote may occur at a specially scheduled joint meeting of all the municipalities of the hospital district, or at the hospital's annual meeting.

Sec. 5. [EFFECTIVE DATE.]

Pursuant to Minnesota Statutes, section 645.023, subdivision 1, sections 1 to 4 are effective without local approval on the day following final enactment."

Page 5, delete lines 1 to 7

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Carlson, L., from the Committee on Education to which was referred:

H. F. No. 2206, A bill for an act relating to education; removing mandates from higher education; requiring increased accountability and performance for funding; amending Minnesota Statutes 1994, sections 15.43, subdivisions 2 and 3; 16B.01, subdivision 2; 16B.21, subdivisions 1 and 3; 16B.33, subdivisions 1, 3, and 4; 16B.35, by adding a subdivision; 16B.41, subdivision 2; 16B.46; 43A.05, subdivision 4; 43A.10, subdivision 3; 135A.033; 135A.14, as amended; 137.37; 169.448, subdivision 2; 201.1611; and 248.07, subdivision 7; Minnesota Statutes 1995 Supplement, sections 16B.17, subdivision 6; 16B.465, subdivision 4; 43A.06, subdivision 1; 43A.18, subdivision 3a; 135A.181; 136A.101, subdivision 10; 136F.06, subdivisions 1 and 2; 136F.12; 136F.16, subdivision 3; 136F.18; 136F.30; 136F.36, subdivision 2; 136F.44; 136F.50; 136F.53, subdivisions 1 and 3; 136F.58; 136F.71, by adding a subdivision; 136F.72, subdivision 3; 136F.80; 136F.93; 136F.95; and 136F.97; Laws 1995, chapter 212, article 2, sections 15; and 20, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; and 136F; repealing Minnesota Statutes 1994, sections 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; 137.33; and 137.36; Minnesota Statutes 1995 Supplement, sections 16A.125, subdivision 6a; 135A.08; 136F.25; and 136F.59, subdivision 1; Laws 1995, chapter 212, article 1, section 6, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [LEGISLATIVE INTENT.]

It is the intent of the legislature to increase the accountability of higher education through added system and campus responsibilities for decision-making, governance and management. To accomplish this, the legislature intends to relieve higher education of many of the mandates that are legislatively imposed or that emanate from executive agency actions. In so doing, the legislature is placing the burden on higher education to take control of its spending in a time of fiscal constraints and to thereby demonstrate, through its choices, the value of the state's investment. In removing legislative and executive mandates, the legislature intends to provide higher education with greater flexibility in how it conducts its business by making the letter of the law less constraining. However, it is the intent of the legislature that higher education continue to meet its public responsibilities by abiding by the spirit of the laws that have been enacted.

Sec. 2. Minnesota Statutes 1994, section 15.43, subdivision 2, is amended to read:

Subd. 2. [TEXTBOOKS EXEMPTED.] Textbooks, software, and other course materials authored by an employee of the state's education systems Minnesota state colleges and universities or of the University of Minnesota may be used as required course material upon receipt of written approval from the head of the department. Instructors in state institutions and at the university may accept free samples of textbooks and related teaching materials.

Sec. 3. Minnesota Statutes 1994, section 15.43, subdivision 3, is amended to read:

Subd. 3. [OTHER EXEMPTIONS.] The commissioners of human services and corrections, and the chancellors of the state university and community college systems may by rule prescribe procedure for the acceptance of gifts from any person or organization, provided that such gifts are accepted by the commissioner or chancellor, or a designated representative of the commissioner or chancellor, and that such gifts are used solely for the direct benefit of patients, or inmates or students under the jurisdiction of the accepting state officer.

Sec. 4. Minnesota Statutes 1994, section 16B.01, subdivision 2, is amended to read:

Subd. 2. [AGENCY.] "Agency" means any state officer, employee, board, commission, authority, department, or other agency of the executive branch of state government. Unless specifically provided elsewhere in law, agency does not include the Minnesota state colleges and universities.

Sec. 5. Minnesota Statutes 1994, section 16B.06, subdivision 2, is amended to read:

Subd. 2. [VALIDITY OF STATE CONTRACTS.] (a) A state contract or lease is not valid and the state is not bound by it until:

(1) it has first been executed by the head of the agency or a delegate which is a party to the contract;

(2) it has been approved by the commissioner or a delegate, under this section;

(3) it has been approved by the attorney general or a delegate as to form and execution. Contracts or leases to which the Minnesota state colleges and universities are a party are exempted from this requirement; and

(4) the account system shows an allotment or encumbrance balance for the full amount of the contract liability.

(b) Paragraph (a), clause (2), does not apply to contracts between state agencies or contracts awarding grants.

(c) The head of the agency may delegate the execution of specific contracts or specific types of contracts to a designated subordinate within the agency if the delegation has been approved by the commissioner of administration and filed with the secretary of state. The fully executed copy of every contract or lease must be kept on file at the contracting agency.

Sec. 6. Minnesota Statutes 1995 Supplement, section 16B.17, subdivision 6, is amended to read:

Subd. 6. [EXCLUSIONS.] This section and section 16B.167 do not apply:

(1) to Minnesota state college or university contracts to provide instructional services to public or private organizations, agencies, businesses, or industries;

(2) to contracts with individuals or organizations for administration of employee pension plans authorized under chapter 354B or 354C; or

(3) to instructional services provided to Minnesota state colleges or universities by organizations or individuals provided the contracts are consistent with terms of applicable labor agreements.

Sec. 7. Minnesota Statutes 1994, section 16B.21, subdivision 1, is amended to read:

Subdivision 1. [COMMISSIONER OF ADMINISTRATION.] The commissioner shall submit an annual report pursuant to section 3.195 to the governor and the legislature with a copy to the commissioner of trade and economic development indicating the progress being made toward the objectives and goals of sections 16B.19 to 16B.22, 137.31, 137.35, 161.321, and 473.142 during the preceding fiscal year. The commissioner shall also submit a quarterly report to the small business and targeted group procurement advisory council. These reports shall include the following information:

(1) the total dollar value and number of potential set-aside awards identified during this period and the percentage of total state procurement this figure reflects;

(2) the number of small businesses identified by and responding to the small business procurement program, the total dollar value and number of set-aside and other contracts actually awarded to small businesses, and the total number of small businesses that were awarded set-aside and other contracts;

(3) the total dollar value and number of contracts awarded to small targeted group businesses pursuant to each bidding process authorized by sections 16B.19, subdivision 2c, 137.31, 137.35, 161.321, and 473.142; the total number and value of these contracts awarded to each small targeted group business and to each type of small targeted group business in each purchasing category, and the percentages of the total procurement for each purchasing category the figures represent;

(4) the total dollar value and number of contracts awarded to small businesses in economically disadvantaged areas under the bidding process authorized in section 16B.19, subdivision 2d; the total number and value of these contracts awarded to each business, and to all businesses within each economically disadvantaged area in each purchasing category, and the percentages of total procurement for each purchasing category the figures represent.

The information required by clauses (1) and (2) must be presented on a statewide basis and also broken down by geographic regions within the state.

Sec. 8. Minnesota Statutes 1994, section 16B.21, subdivision 3, is amended to read:

Subd. 3. [REPORTS FROM OTHER AGENCIES.] The commissioner of transportation, and each metropolitan agency listed in section 473.143, subdivision 1, and the University of Minnesota shall report to the commissioner of administration all information that the commissioner requests to make reports required under this section. The information must be reported at the time and in the manner requested by the commissioner of administration.

Sec. 9. Minnesota Statutes 1994, section 16B.33, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them:

(a) "Agency" has the meaning given in section 16B.01, and also includes the University of Minnesota.

(b) "Architect" means an architect or landscape architect registered to practice under sections 326.02 to 326.15.

(c) "Board" means the state designer selection board.

(d) "Designer" means an architect or engineer, or a partnership, association, or corporation comprised primarily of architects or engineers or of both architects and engineers.

(e) "Engineer" means an engineer registered to practice under sections 326.02 to 326.15.

(f) "Person" includes an individual, corporation, partnership, association, or any other legal entity.

(g) "Primary designer" means the designer who is to have primary design responsibility for a project, and does not include designers who are merely consulted by the user agency and do not have substantial design responsibility, or designers who will or may be employed or consulted by the primary designer.

(h) "Project" means an undertaking to construct, erect, or remodel a building by or for the state or an agency.

(i) "User agency" means the agency undertaking a specific project.

Sec. 10. Minnesota Statutes 1994, section 16B.33, subdivision 3, is amended to read:

Subd. 3. [AGENCIES MUST REQUEST DESIGNER.] (a) [APPLICATION.] Upon undertaking a project with an estimated cost greater than $750,000 or a planning project with estimated fees greater than $60,000, every user agency, except the capitol area architectural and planning board, shall submit a written request for a primary designer for its project to the commissioner, who shall forward the request to the board. The University of Minnesota and the Minnesota state colleges and universities may request the board to select designers for their projects. The written request must include a description of the project, the estimated cost of completing the project, a description of any special requirements or unique features of the proposed project, and other information which will assist the board in carrying out its duties and responsibilities set forth in this section.

(b) [REACTIVATED PROJECT.] If a project for which a designer has been selected by the board becomes inactive, lapses, or changes as a result of project phasing, insufficient appropriations, or other reasons, the commissioner or the University of Minnesota may, if the project is reactivated, retain the same designer to complete the project.

(c) [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a project initially estimated to be below the cost and planning fee limits of this subdivision has its cost or planning fees revised so that the limits are exceeded, the project must be referred to the board for designer selection even if a primary designer has already been selected. In this event, the board may, without conducting interviews, elect to retain the previously selected designer if it determines that the interests of the state are best served by that decision and shall notify the commissioner of its determination.

Sec. 11. Minnesota Statutes 1994, section 16B.33, subdivision 4, is amended to read:

Subd. 4. [DESIGNER SELECTION PROCESS.] (a) [PUBLICITY.] Upon receipt of a request from a user agency for a primary designer, the board shall publicize the proposed project in order to determine the identity of designers interested in the design work on the project. The board shall establish criteria for the selection process and make this information public, and shall compile data on and conduct interviews of designers. The board's selection criteria must include consideration of each interested designer's performance on previous projects for the state or any other person. Upon completing the process, the board shall select the primary designer and shall state its reasons in writing. Notification to the commissioner of the selection shall be made not more than 60 days after receipt from a user agency of a request for a primary designer. The commissioner shall promptly notify the designer and the user agency. The commissioner shall negotiate the designer's fee and prepare the contract to be entered into between the designer and the user agency.

(b) [CONFLICT OF INTEREST.] The board may not select a designer or firm in which a member of the designer selection board has a current financial interest.

(c) [SELECTION BY COMMISSIONER.] In the event the board receives a request for a primary designer on a project, the estimated cost of which is less than the limit established by subdivision 3, or a planning project with estimated fees of less than the limit established by subdivision 3, the board may submit the request to the commissioner of administration, with or without recommendations, and the commissioner shall thereupon select the primary designer for the project.

(d) [SECOND SELECTION.] If the designer selected for a project declines the appointment or is unable to reach agreement with the commissioner on the fee or the terms of the contract, the commissioner shall, within 60 days after the first appointment, request the board to make another selection.

(e) [SIXTY DAYS TO SELECT.] If the board fails to make a selection and forward its recommendation to the commissioner within 60 days of the user agency's request for a designer, the commissioner may appoint a designer to the project without the recommendation of the board.

(f) [LESS THAN SATISFACTORY PERFORMANCE.] The commissioner, or the University of Minnesota for projects under its supervision, shall forward to the board a written report describing each instance in which the performance of a designer selected by the board or the commissioner has been less than satisfactory. Criteria for determining satisfaction include the ability of the designer to complete design work on time, to provide a design responsive to program needs within the constraints of the budget, to solve design problems and achieve a design consistent with the proposed function of the building, to avoid costly design errors or omissions, and to observe the construction work. These reports are public data and are available for inspection under section 13.03.

Sec. 12. Minnesota Statutes 1994, section 16B.35, is amended by adding a subdivision to read:

Subd. 4. [CAMPUSES.] Art for a building on a public college or university campus shall be selected by the campus, in consultation with the arts board. Consideration of the artwork of faculty and students on that campus is encouraged.

Sec. 13. Minnesota Statutes 1994, section 16B.41, subdivision 2, is amended to read:

Subd. 2. [RESPONSIBILITIES.] The office has the following duties:

(a) The office must develop and establish a state information architecture to ensure that further state agency development and purchase of information systems equipment and software is directed in such a manner that individual agency information systems complement and do not needlessly duplicate or needlessly conflict with the systems of other agencies. In those instances where state agencies have need for the same or similar computer data, the commissioner shall ensure that the most efficient and cost-effective method of producing and storing data for or sharing data between those agencies is used. The development of this information architecture must include the establishment of standards and guidelines to be followed by state agencies. On January 1, 1988, and every six months thereafter, any state agency that has purchased information systems equipment or software in the past six months, or that is contemplating purchasing this equipment or software in the next six months, must report to the office and to the chairs of the house ways and means committee and the senate finance committee on how the purchases or proposed purchases comply with the applicable standards and guidelines.

(b) The office shall assist state agencies in the planning and management of information systems so that an individual information system reflects and supports the state agency's and the state's mission, requirements, and functions.

(c) The office must review and approve all agency requests for legislative appropriations for the development or purchase of information systems equipment or software. Requests may not be included in the governor's budget submitted to the legislature, unless the office has approved the request.

(d) Each biennium the office must rate agency requests for new appropriations for development or purchase of information systems equipment or software based on established information management criteria. The office must submit this rating to the legislature at the same time, or no later than 14 days after, the governor submits the budget message to the legislature. The governor must provide information necessary to rate agency requests to the office.

(e) The office must define, review, and approve major purchases of information systems equipment to (1) ensure that the equipment follows the standards and guidelines of the state information architecture; (2) ensure that the equipment is consistent with the information management principles adopted by the information policy council;

(3) evaluate whether or not the agency's proposed purchase reflects a cost-effective policy regarding volume purchasing; and (4) ensure the equipment is consistent with other systems in other state agencies so that data can be shared among agencies, unless the office determines that the agency purchasing the equipment has special needs justifying the inconsistency. The commissioner of finance may not allot funds appropriated for major purchases of information systems equipment until the office reviews and approves the proposed purchase. A public institution of higher education must not purchase interconnective more than $250,000 of equipment or other computer technology to connect the college or university to sites outside the institution without the prior approval of the office.

(f) The office shall review the operation of information systems by state agencies and provide advice and assistance so that these systems are operated efficiently and continually meet the standards and guidelines established by the office. These standards and guidelines shall emphasize uniformity that encourages information interchange, open systems environments, and portability of information whenever practicable and consistent with an agency's authority and the Minnesota government data practices act. The office, in consultation with the intergovernmental information systems advisory council and the legislative reference library, shall adopt specific standards and guidelines to be met by each state agency within a time period fixed by the office in regard to the following:

(1) establishment of methodologies and systems directed at reducing and ultimately eliminating redundant storage of data and encouraging greater use of central databases;

(2) establishment of data retention schedules, disaster recovery plans and systems, security systems, and procedural safeguards concerning privacy of data;

(3) establishment of pricing policies and incentives that encourage electronic transfer of information in electronic forms, while giving due consideration to the value and cost of providing the information in those forms. These pricing policies may include preferential prices for information requested by a public entity for a public purpose; and

(4) establishment of information sales systems that utilize licensing and royalty agreements to the greatest extent possible, together with procedures for agency denial of requests for licenses or royalty agreements by commercial users or resellers of the information. Section 3.751 does not apply to these licensing and royalty agreements and the agreements must include provisions that section 3.751 does not apply and that the state is immune from liability under the agreement.

If an agency needs additional funds to comply with the requirements of this paragraph, the agency must first obtain approval of the proposal by the office as required by paragraph (c) before submitting it to the legislature.

(g) The office must conduct a comprehensive review at least every three years of the information systems investments that have been made by state agencies and higher education institutions. The review must include recommendations on any information systems applications that could be provided in a more cost beneficial manner by an outside source. The office must report the results of its review to the legislature and the governor.

(h) The office shall recommend to the legislature any statutory changes that are necessary or desirable to accomplish the duties described in this subdivision.

(i) The office must report to the legislature by January 15 each year on progress in implementing paragraph (f), clauses (1) to (4).

Sec. 14. Minnesota Statutes 1995 Supplement, section 16B.465, subdivision 4, is amended to read:

Subd. 4. [PROGRAM PARTICIPATION.] (a) The commissioner may require the participation of state agencies, the state board of education, and the governing boards board of the Minnesota state colleges and universities, the community colleges, and the technical colleges, and may request the participation of the board of regents of the University of Minnesota, in the planning and implementation of the network to provide interconnective technologies. The commissioner shall establish reimbursement rates in cooperation with the commissioner of finance to be billed to participating agencies and educational institutions sufficient to cover the operating, maintenance, and administrative costs of the system.

(b) A direct appropriation made to an educational institution for usage costs associated with the STARS network must only be used by the educational institution for payment of usage costs of the network as billed by the commissioner of administration. The post-secondary appropriations may be shifted between systems as required by unanticipated usage patterns. An intersystem transfer must be requested by the appropriate system and may be made only after review and approval by the commissioner of finance, in consultation with the commissioner of administration.

Sec. 15. Minnesota Statutes 1994, section 16B.49, is amended to read:

16B.49 [CENTRAL MAILING SYSTEM.]

The commissioner shall maintain and operate for agencies a central mailing system. Official mail of an agency occupying quarters within the boundaries of the city of St. Paul must be delivered unstamped to the central mailing station. Account must be kept of the postage required on that mail, which is then a proper charge against the agency delivering the mail. To provide funds for the payment of postage, each agency shall make advance payments to the commissioner sufficient to cover its postage obligations for at least 60 days. For purposes of this section, the Minnesota state colleges and universities is a state agency.

Sec. 16. Minnesota Statutes 1994, section 16B.531, is amended to read:

16B.531 [TRAVEL SERVICES.]

The commissioner may offer a centralized travel service to all state departments and agencies, and to the Minnesota state colleges and universities, and may, in connection with that service, accept payments from travel agencies under contracts for the provision of travel services. The payments must be deposited in the motor pool revolving account established by section 16B.54, subdivision 8, and must be used for the expenses of managing the centralized travel service. Revenues in excess of the management costs of the centralized service must be returned to the general fund.

Sec. 17. Minnesota Statutes 1994, section 16B.54, subdivision 1, is amended to read:

Subdivision 1. [MOTOR POOLS.] The commissioner shall manage a central motor pool of passenger motor vehicles and trucks used by state agencies with principal offices in the city of St. Paul and may provide for branch central motor pools at other places within the state. For purposes of this section, (1) "agencies" includes the Minnesota state colleges and universities, and (2) "truck" means a pickup or panel truck up to one ton carrying capacity.

Sec. 18. Minnesota Statutes 1994, section 16B.85, subdivision 2, is amended to read:

Subd. 2. [RISK MANAGEMENT FUND.] (a) All state agencies, and the Minnesota state colleges and universities, may, in cooperation with the commissioner, participate in insurance programs and other funding alternative programs provided by the risk management fund.

(b) When an agency or agencies enter into an insurance or self-insurance program, each agency shall contribute the appropriate share of its costs as determined by the commissioner.

(c) The money in the fund to pay claims arising from state activities and for administrative costs, including costs for the adjustment and defense of the claims, is appropriated to the commissioner.

(d) Interest earned from the investment of money in the fund shall be credited to the fund and be available to the commissioner for the expenditures authorized in this subdivision.

(e) The fund is exempt from the provisions of section 16A.152, subdivision 4. In the event that proceeds in the fund are insufficient to pay outstanding claims and associated administrative costs, the commissioner, in consultation with the commissioner of finance, may assess state agencies participating in the fund amounts sufficient to pay the costs. The commissioner shall determine the proportionate share of the assessment of each agency.

Sec. 19. Minnesota Statutes 1994, section 43A.05, subdivision 4, is amended to read:

Subd. 4. [TIME OFF IN EMERGENCIES.] The commissioner shall authorize appointing authorities to pay for time off in emergencies. The commissioner, after consultation with the commissioner of public safety, may excuse employees from duty with full pay in the event of a natural or other emergency, if continued operation would involve a threat to the health or safety of individuals. Absence with pay shall not exceed 16 working hours at any one time unless the commissioner authorizes a longer duration. Authority to excuse employees from duty with full pay on the campuses of the Minnesota state colleges and universities is vested in the college and university presidents, under guidelines established by the board of trustees of the Minnesota state colleges and universities.

Sec. 20. Minnesota Statutes 1995 Supplement, section 43A.06, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] (a) The commissioner, through the labor relations bureau, shall perform the duties assigned to the commissioner by sections 3.855, 179A.01 to 179A.25 and this section.

(b) The deputy commissioner for the labor relations bureau shall be the state labor negotiator for purposes of negotiating and administering agreements with exclusive representatives of employees and shall perform any other duties delegated by the commissioner subject to the limitations in paragraph (c).

(c) In consultation with the commissioner of employee relations and except as specified in this paragraph, The board of trustees of the Minnesota state colleges and universities may exercise the powers under this section for employees included in units 9, 10, 11, and 12 in section 179A.10, subdivision 2. The power and authority to engage in collective bargaining or to enter into interest arbitration remains with the commissioner of employee relations, who shall exercise those powers in consultation with the board of trustees of the Minnesota state colleges and universities. The commissioner of employee relations shall have the right to review and comment to the Minnesota state colleges and universities on the board's final proposals prior to exchange of final positions with the designated bargaining units as well as any requests for interest arbitration. When submitting a proposed collective bargaining agreement to the legislative coordinating commission and the legislature under section 3.855, subdivision 2, the board of trustees must use procedures and assumptions consistent with those used by the commissioner of employee relations in calculating the costs of the proposed contract.

Sec. 21. Minnesota Statutes 1994, section 43A.10, subdivision 3, is amended to read:

Subd. 3. [FACILITIES FURNISHED EXAMINERS.] The authorities having control of public buildings in political subdivisions of the state and school districts, upon written request of the commissioner, shall furnish without charge convenient facilities for the administration of examinations. Upon such request, it shall be the duty of state and local authorities and employees, as it is consistent with their other duties, to aid in carrying out the provisions of this section. Campuses of the Minnesota state colleges and universities may charge the commissioner for actual costs incurred in providing facilities for examinations, provided that the costs were incurred due solely to the examination.

Sec. 22. Minnesota Statutes 1994, section 123.70, subdivision 10, is amended to read:

Subd. 10. A statement required to be submitted under subdivisions 1, 2, and 4 to document evidence of immunization shall include month, day, and year for immunizations administered after January 1, 1990.

(a) For persons enrolled in grades 7 and 12 during the 1992-1993 1996-1997 school term, the statement must indicate that the person has received at least two doses of vaccine against measles, mumps, and rubella, given alone or separately and given not less that one month apart a dose of tetanus and diphtheria toxoid no earlier than 11 years of age.

(b) For persons enrolled in grades 7, 8, and 12 during the 1993-1994 1997-1998 school term, the statement must indicate that the person has received at least two doses of vaccine against measles, mumps, and rubella, given alone or separately and given not less than one month apart a dose of tetanus and diphtheria toxoid no earlier than 11 years of age.

(c) For persons enrolled in grades 7, 8, 9, and 12 during the 1994-1995 1998-1999 school term, the statement must indicate that the person has received at least two doses of vaccine against measles, mumps, and rubella, given alone or separately and given not less than one month apart a dose of tetanus and diphtheria toxoid no earlier than 11 years of age.

(d) For persons enrolled in grades 7, 8, 9, 10, and 12 during the 1995-1996 1999-2000 school term, the statement must indicate that the person has received at least two doses of vaccine against measles, mumps, and rubella, given alone or separately and given not less than one month apart a dose of tetanus and diphtheria toxoid no earlier than 11 years of age.

(e) For persons enrolled in grades 7 through 12 during the 2000-2001 school term and for each year thereafter, the statement must indicate that the person has received a dose of tetanus and diphtheria toxoid no earlier than 11 years of age.

(f) For persons enrolled in grades 7 through 12 during the 1996-1997 school year and for each year thereafter, the statement must indicate that the person has received at least two doses of vaccine against measles, mumps, and rubella, given alone or separately and given not less than one month apart.

Sec. 23. Minnesota Statutes 1994, section 135A.033, is amended to read:

135A.033 [PERFORMANCE FUNDING.]

The governing boards of the University of Minnesota, the state universities, the community colleges, and the technical colleges and the Minnesota state colleges and universities, in conjunction with their respective campuses, shall each specify performance categories and indicators relating to section 135A.053, subdivision 1, to be used for policy and appropriations decisions, as well as allocations for rewarding campuses that achieve performance levels and assisting campuses that are unable to achieve these levels. Because the mission of each system and type of campus varies, categories and indicators shall vary accordingly.

Sec. 24. [135A.053] [STATE HIGHER EDUCATION POLICY.]

Subdivision 1. [STATEWIDE OBJECTIVES.] Minnesota's higher education investment is made in pursuit of the following objectives:

(1) to ensure quality - to provide a level of excellence that is competitive on a national and international level, through high quality teaching, scholarship, and learning in a broad range of arts and sciences, technical education, and professional fields;

(2) to foster student success - to enable and encourage students to choose institutions and programs that are best suited for their talents and abilities, and to provide an educational climate that supports students in pursuing their goals and aspirations;

(3) to promote democratic values - to enhance Minnesota's quality of life by developing understanding and appreciation of a free and diverse society;

(4) to maintain access - to provide an opportunity for all Minnesotans, regardless of personal circumstances, to participate in higher education; and

(5) to enhance the economy - to assist the state in being competitive in the world market, and to prepare a highly skilled and adaptable workforce that meets Minnesota's opportunities and needs.

Subd. 2. [PERFORMANCE AND ACCOUNTABILITY.] Higher education systems and campuses are expected to achieve the objectives in subdivision 1 and will be held accountable for doing so. The legislature is increasing the flexibility of the systems and campuses to provide greater responsibility to higher education in deciding how to achieve statewide objectives, and to decentralize authority so that those decisions can be made at the level where the education is delivered. To demonstrate their accountability, the legislature expects each system and campus to measure and report on its performance, using meaningful indicators that are critical to achieving the objectives in subdivision 1, as provided in section 135A.033. Nothing in this section precludes a system or campus from determining its own objectives and performance measures beyond those identified in this section.

Sec. 25. Minnesota Statutes 1994, section 135A.14, as amended by Laws 1995, chapter 212, article 3, section 59, and Laws 1995, First Special Session chapter 3, article 16, section 13, is amended to read:

135A.14 [STATEMENT OF IMMUNIZATION OF POST-SECONDARY STUDENTS.]

Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them.

(a) "Administrator" means the administrator of the institution or other person with general control and supervision of the institution.

(b) "Public or private post-secondary educational institution" or "institution" means any of the following institutions having an enrollment of more than 100 persons during any quarter, term, or semester during the preceding year: (1) the University of Minnesota; (2) the state universities; (3) the state community colleges; (4) public technical colleges; (5) private four-year, professional and graduate institutions; (6) private two-year colleges; and (7) schools subject to either chapter 141, sections 136A.61 to 136A.71, or schools exempt under section 136A.657, and which offer educational programs within the state for an academic year greater than six consecutive months. An institution's report to the Minnesota higher education services office or the Minnesota department of children, families, and learning may be considered when determining enrollment.

(c) "Student" means a person born after 1956 who did not graduate from a Minnesota high school in 1997 or later, and who is (1) registering for more than one class during a full academic term, such as a quarter or a semester; or (2) housed on campus and is registering for one or more classes. Student does not include persons enrolled in extension classes only or correspondence classes only.

Subd. 2. [STATEMENT OF IMMUNIZATION REQUIRED.] Except as provided in subdivision 3, no student may remain enrolled in a public or private post-secondary educational institution unless the student has submitted to the administrator a statement that the student has received appropriate immunization against measles, rubella, and mumps after having attained the age of 12 months, and against diphtheria and tetanus within ten years of first registration at the institution. This statement must indicate the month and year of each immunization given. Instead of submitting a statement, a student may provide an immunization record maintained by a school according to section 123.70, subdivision 7, or a school in another state if the required information is contained in the record. A student who has submitted a statement as provided in this subdivision, may transfer to a different Minnesota institution without submitting another statement if the student's transcript or other official documentation indicates that the statement was submitted.

Subd. 3. [EXEMPTIONS FROM IMMUNIZATION.] (a) An immunization listed in subdivision 2 is not required if the student submits to the administrator a statement signed by a physician that shows:

(1) that, for medical reasons, the student did not receive an immunization;

(2) that the student has experienced the natural disease against which the immunization protects; or

(3) that a laboratory has confirmed the presence of adequate immunity.

(b) If the student submits a notarized statement that the student has not been immunized as required in subdivision 2 because of the student's conscientiously held beliefs, the immunizations described in subdivision 2 are not required. The institution shall forward this statement to the commissioner of health.

Subd. 4. [IMMUNIZATION FILES REQUIRED.] The institution must maintain an immunization record within the student's file for all students each student governed by this section for at least one year from the time of original filing. The immunization records may be inspected by the department of health and the local board of health in whose jurisdiction the institution is located.

Subd. 5. [DEADLINE FOR SUBMITTING STATEMENT.] The institution shall require that the statement from the student, as required within subdivision 2 or 3, be submitted within 45 days of commencement of the academic term for which the student has registered.

Sec. 26. Minnesota Statutes 1995 Supplement, section 135A.181, is amended to read:

135A.181 [ACADEMIC CALENDAR.]

Subdivision 1. [TRANSITION TO SEMESTER SYSTEM.] The board of trustees of the Minnesota state colleges and universities shall convert, and the board of regents of the University of Minnesota is requested to convert, to the semester system by the 1998-1999 academic year. The boards may delay implementation of semesters on a campus for a year if the delay would improve the academic quality of the new calendar. The public post-secondary institutions shall review and revise the content and structure of their academic programs, degrees, and courses, and prepare new course materials as necessary. Each public post-secondary board shall submit information on the progress to a semester system in the 1997 biennial budget document. The board of trustees may permit a campus to remain on the quarter system or another alternative if the board determines that this would better serve students' needs.

Subd. 2. [COMMON CALENDAR.] In converting to the semester system required in subdivision 1 shall be offered on a common calendar throughout all, the campuses under the jurisdiction of the board of trustees of the Minnesota state colleges and universities. This calendar, in consultation with the system office, shall set calendars that best meet the needs of students, including those jointly enrolled in local school districts and other cooperative programs. Common calendars shall include be a priority at colocated campuses including a common start and end date for each semester as well as common summer school schedules. The board of trustees may exempt a campus from this calendar if they determine that because of extenuating circumstances an alternative calendar would better serve students' needs.

Subd. 3. [REPEALER.] This section is repealed June 30, 1999.

Sec. 27. Minnesota Statutes 1995 Supplement, section 136A.101, subdivision 10, is amended to read:

Subd. 10. "Satisfactory academic progress" means that:

(1) at a point between by the end of a student's first and second academic year of attendance at an institution, the student has at least a cumulative grade point average of C or its equivalent, or academic standing consistent with the institution's graduation requirements; and

(2) by the end of the first term of the third and fourth academic year of attendance, (i) the student has a cumulative grade point average of at least a C or its equivalent, (ii) the student's advisor certifies that the student has reviewed the general education requirements necessary for graduation and is making satisfactory progress toward completing them, and (iii) the student's advisor certifies that the student has chosen a major and reviewed the requirements necessary for completion of the major.

Sec. 28. [136A.1312] [FINANCIAL AID ADMINISTRATOR, PROFESSIONAL JUDGMENT.]

Nothing in this chapter or in the office's rules, shall be interpreted as limiting the ability of student financial aid administrators, on the basis of adequate documentation, to make necessary adjustments to the cost of attendance and expected family contribution computations to allow for treatment of individual students with special circumstances. In addition, nothing in this chapter or in the office's rules, shall be interpreted as limiting the ability of the student financial aid administrator to use supplementary information about the financial status of eligible applicants in selecting recipients of state financial aid and determining the amount of awards. Nothing in this section precludes a financial aid administrator from establishing an appeals process for other extenuating circumstances.

Sec. 29. [136A.1313] [FINANCIAL AID AUDITS.]

Beginning with audits for fiscal year 1996, in place of the audits provided by the office, public institutions that administer state grants under decentralized delivery may arrange for audits of state financial aid awards in conjunction with their audits for federal financial aid. Audits must be conducted in compliance with guidelines and materials prepared by the office. The office shall develop a review process including procedures for responding to audit exceptions. All other institutions under decentralized delivery may arrange for audits under this section beginning with audits for fiscal year 1997.

Sec. 30. Minnesota Statutes 1995 Supplement, section 136F.06, subdivision 1, is amended to read:

Subdivision 1. [GENERAL AUTHORITY.] The board shall possess all powers necessary to govern the state colleges and universities and all related property. Those powers shall include, but are not limited to, those enumerated in this section. The board shall prescribe courses of study and conditions of admission, set tuition and fees, prescribe approve programs of study and requirements for completion of programs, approve the awarding of appropriate certificates, diplomas, and degrees, and adopt suitable policies for the institutions it governs. To the extent practicable in protecting statewide interests, the board shall provide autonomy to the campuses while holding them accountable for their decisions. Sections 14.01 to 14.47 do not apply to policies and procedures of the board.

Sec. 31. Minnesota Statutes 1995 Supplement, section 136F.06, subdivision 2, is amended to read:

Subd. 2. [GOVERNANCE AUTHORITY.] The board shall have the authority needed to operate and govern the state colleges and universities unless otherwise directed or limited prohibited by law. The board is responsible for its operations and necessary decisions unless these are specifically delegated by law to a state department or agency.

Sec. 32. Minnesota Statutes 1995 Supplement, section 136F.12, is amended to read:

136F.12 [FOND DU LAC CAMPUS.]

The Fond du Lac campus has a unique mission among two-year colleges to serve the lower division general education needs in Carlton and south St. Louis counties, and the education needs of American Indians throughout the state and especially in northern Minnesota. Accordingly, while the college is governed by the board of trustees, its governance is accomplished in conjunction with the board of directors of Fond du Lac tribal college. By July 1, 1995, the board of trustees and the board of directors of Fond du Lac tribal college shall implement the mechanisms necessary to accomplish the sharing of authority while ensuring accountability for college actions. The mechanisms shall supersede any previous arrangement, agreement, or memorandum of understanding.

Sec. 33. Minnesota Statutes 1995 Supplement, section 136F.16, subdivision 3, is amended to read:

Subd. 3. [OFF-CAMPUS SITES.] The board shall not establish off-campus centers or other permanent sites to provide academic programs, courses, or student services without authorizing legislation. For the purposes of this subdivision, the campus of Metropolitan State University is the seven-county metropolitan area. This section does not apply to sites set up specifically for the delivery of courses and programs through telecommunications.

Sec. 34. Minnesota Statutes 1995 Supplement, section 136F.18, is amended to read:

136F.18 [CAMPUS CLOSING.]

The board may develop policies to close a campus or center under its jurisdiction. Prior to closing a campus or center, the board shall hold a public hearing on the issue in the area which would be affected by the closing. At the hearing affected persons shall have an opportunity to present testimony. The board shall give notice of this hearing by publishing notice in the State Register and in a newspaper of general circulation in the affected area at least 30 days before the scheduled hearing.

Sec. 35. Minnesota Statutes 1995 Supplement, section 136F.30, is amended to read:

136F.30 [COURSES AND PROGRAMS.]

The board shall prescribe the courses review and approve or disapprove campus proposals for adding, deleting, or substantially changing programs of study, including graduate and undergraduate academic programs, training in professional, semiprofessional, and technical fields, and adult education. The board shall avoid duplicate program offerings. The board may initiate activities to close programs. The board shall place a high priority on ensuring the transferability of credit.

Sec. 36. Minnesota Statutes 1995 Supplement, section 136F.36, subdivision 2, is amended to read:

Subd. 2. [EXEMPTIONS.] The sale requirements of chapters 92 and 94 do not apply to this section, nor do the leasing provisions of section 16B.24, nor do the construction supervision and control provisions of sections 16B.30 to 16B.335. The board shall develop policies for leasing requirements and construction supervision. The board will normally competitively bid contracts related to instructional construction but, notwithstanding the provisions of sections 16B.07 to 16B.09, may negotiate contracts without competitive bidding where it deems appropriate.

Sec. 37. [136F.42] [PERSONNEL MANAGEMENT.]

Subdivision 1. [TIME REPORTING.] As provided in executive order 96-2, the board, in consultation with the commissioners of employee relations and finance, may develop policies to allow system office or campus employees on salaries, as defined in section 43A.17, subdivision 1, to use negative time reporting in which employees report only that time for which leave is taken. By the end of the 1997 fiscal year, the board, in consultation with the commissioners of employee relations and finance, shall evaluate the use of negative time reporting and its potential for use with other state employees.

Subd. 2. [TRAVEL POLICIES.] Notwithstanding chapter 43A, the board may adopt policies for colleges and universities to approve and administer travel arrangements, other than reimbursement, for employees on campus, and for the system office to provide the same services for employees in that office.

Sec. 38. Minnesota Statutes 1995 Supplement, section 136F.44, is amended to read:

136F.44 [ADMINISTRATIVE INTERACTION WITH STUDENTS.]

Subdivision 1. [SYSTEM AND CAMPUS ADMINISTRATORS.] As part of their annual goal setting activity, all unrepresented system and campus academic administrators employed in their positions before July 1, 1995, shall have the expectation of are encouraged to substantially increasing increase their interaction with students through activities such as teaching a regularly scheduled course or serving as an academic advisor. Contracts for persons initially employed in unclassified administrative positions on or after July 1, 1995, shall include requirements for activities involving student contact. Actions to increase the interaction of students and administrators under this section shall not displace permanent faculty or staff.

Subd. 2. [EVALUATION INFORMATION.] Each state university, community college, and technical college campus shall provide an evaluation of this activity to the board, and The board shall include a summary of campus and system activities related to subdivision 1 in its 1998-1999 biennial budget request.

Sec. 39. Minnesota Statutes 1995 Supplement, section 136F.50, is amended to read:

136F.50 [COOPERATION OR PROMOTION OF A STATE COLLEGE OR UNIVERSITY.]

The board, system office, and the campuses may cooperate by contractual arrangement or otherwise with responsible persons, firms, corporations, associations, or governmental agencies to promote short courses, research, and other programs and activities in the state colleges and universities as in the judgment of the board, system office, or a campus contribute to the development of the state colleges and universities and the welfare of their students.

Sec. 40. [136F.525] [LOCAL COUNSEL.]

Notwithstanding section 8.06, and subject to board policy, the system office and campuses may employ, and determine the compensation for, legal counsel other than the attorney general if the system or campus determines this better serves its needs in responding to local issues. In developing the board policy, the system office shall consult with the attorney general.

Sec. 41. [136F.526] [AUDITS.]

Each college and university shall be audited by the legislative auditor on a schedule determined by board policy and designed to ensure financial integrity, necessary internal controls, and appropriate accordance between board policies and campus expenditures. The college or university may arrange for any additional audits it desires by contracting with the legislative auditor or a private certified public accountant.

Sec. 42. Minnesota Statutes 1995 Supplement, section 136F.53, subdivision 1, is amended to read:

Subdivision 1. [BOARD POWER CAMPUS PARKING AUTHORITY.] Notwithstanding section 169.966, the board may authorize a state college or university to may adopt and enforce policies, regulations, or ordinances for the regulation of traffic and parking in parking facilities and on private roads and roadways situated on property owned, leased, occupied, or operated by the state college or university.

Sec. 43. Minnesota Statutes 1995 Supplement, section 136F.53, subdivision 3, is amended to read:

Subd. 3. [DISPUTES.] A state college or university, with the approval of the board, shall establish procedures to resolve a dispute arising from enforcement of a policy.

Sec. 44. Minnesota Statutes 1995 Supplement, section 136F.58, is amended to read:

136F.58 [BOOKSTORES.]

The board may permit A state college or university to conduct may operate a bookstore in a state college or university building, or may allocate space in a state college or university building and permit a person or corporation to conduct operate a bookstore therein without rent at the board's campus' pleasure and on such conditions as the board may impose. The board may provide insurance, at no cost to the state, for the inventory of a bookstore a state college or university conducts in its building.

Sec. 45. [136F.581] [LOCAL SPENDING AUTHORITY.]

Subdivision 1. [PURCHASING.] Each college and university, in consultation with the system office, shall develop procedures for purchasing goods and services. Procedures shall be based on those required of local entities as provided in section 471.345, subdivisions 4 and 5, allowing purchases to be made independently or through the department of administration, and must include provisions for procurement from economically disadvantaged persons as provided in section 471.345, subdivision 8. Sealed bids shall be required for purchases between $25,000 and $50,000. Purchases that exceed these limits shall be made as prescribed by the board. The board may raise the upper limit for a campus, if it determines that circumstances warrant it.

Subd. 2. [CONSTRUCTION.] Each college and university, in consultation with the system office, shall develop procedures for locally awarding construction projects up to $250,000 for colleges and universities. Bids shall be required for any projects over $15,000. Projects that exceed $250,000 shall be awarded as prescribed by the board.

Subd. 3. [CONTRACTS.] Notwithstanding chapters 8A and 16B, each college and university, in consultation with the system office, local employees and their exclusive bargaining representatives, shall develop procedures to enter contracts for:

(1) professional or technical consultation services for up to $15,000, or a higher limit under procedures prescribed by the board; and

(2) short-term leases for instructional space and equipment. Procedures relating to clause (1) shall address areas such as employee protections, information availability and reporting, conflict of interest, and renewal restrictions.

Sec. 46. [136F.582] [LOCAL CONTRACTING AUTHORITY.]

Notwithstanding the provisions of chapter 8A or 16B, college and university presidents may enter into contracts to provide customized training without additional authorization.

Sec. 47. [136F.61] [STATE BUILDING CODE.]

All Minnesota state college and university facilities are subject to the provisions of the state building code under sections 16B.59 to 16B.61.

Sec. 48. [136F.67] [FINANCING OF CHILD CARE; PARKING.]

Subdivision 1. [AUTHORIZATION.] A technical college or a community college must not seek financing for child care facilities or parking facilities through the higher education facilities authority, as provided in section 136A.28, subdivision 3, without the explicit authorization of the board.

Subd. 2. [PARKING.] State appropriations for repair or construction of parking facilities must not be used for more than one-half of the repair or construction cost of a parking facility at any technical college or community college campus. The campus must provide the remaining costs through local revenue; however, revenue must not be raised through campuswide assessments of students or employees without regard to use of the parking facilities.

Sec. 49. Minnesota Statutes 1995 Supplement, section 136F.71, is amended by adding a subdivision to read:

Subd. 3. [INTEREST INCOME.] Interest income attributable to general fund dedicated receipts of the board is appropriated to the board. The board shall allocate the income proportionately among the colleges and universities.

Sec. 50. Minnesota Statutes 1995 Supplement, section 136F.72, subdivision 3, is amended to read:

Subd. 3. [ADMINISTRATION.] The board Each college and university, independent of other authority and notwithstanding chapters 16A and 16B, shall administer the money collected that it collects for the state colleges and universities its activity funds and the administrative fund. The board, independent of other authority and notwithstanding chapters 16A and 16B, shall administer the administrative fund established in the system office. All activity fund money collected shall be administered under the policies of the board subject to audit of the legislative auditor.

Sec. 51. Minnesota Statutes 1995 Supplement, section 136F.80, subdivision 2, is amended to read:

Subd. 2. [DEPOSIT OF MONEY.] The board shall provide by policy, in accordance with provisions of chapter 118, for the deposit of all money received or referred to under this section. Whenever the board shall by resolution determine that there are moneys in the state college or university funds not currently needed, the board may by resolution authorize and direct the president of the college or university to invest a specified amount in securities as are duly authorized as legal investments for savings banks and trust companies. Securities so purchased shall be deposited and held for the board by any bank or trust company authorized to do a banking business in this state. Notwithstanding the provisions of chapter 118, the state board of investment may invest assets of the board, colleges, and universities when requested by the board, college, or university.

Sec. 52. Minnesota Statutes 1994, section 137.37, is amended to read:

137.37 [OFF-CAMPUS SITES AND CENTERS.]

The board of regents and the university campuses are requested to not establish any off-campus centers or other permanent sites located off university campuses to provide academic programs, courses, or student services without authorizing legislation. This section does not apply to sites set up specifically for the delivery of courses and programs through telecommunications.

Sec. 53. Minnesota Statutes 1994, section 169.448, subdivision 2, is amended to read:

Subd. 2. [SCHOOL MOTOR COACHES.] (a) Neither A school district nor a technical college may not acquire a motor coach for transportation purposes.

(b) A motor coach acquired by a school district or technical college before March 26, 1986, may be used by it only to transport students participating in school activities, their instructors, and supporting personnel to and from school activities. A motor coach may not be outwardly equipped and identified as a school bus. A motor coach operated under this subdivision is not a school bus for purposes of section 124.225. The state board of education shall implement rules governing the equipment, identification, operation, inspection, and certification of motor coaches operated under this subdivision.

(c) After January 1, 1998, neither a school district nor a technical college may not own or operate a motor coach for any purpose.

Sec. 54. Minnesota Statutes 1994, section 201.1611, is amended to read:

201.1611 [POST-SECONDARY INSTITUTION VOTER REGISTRATION.]

Subdivision 1. [FORMS.] All post-secondary institutions that enroll students accepting state or federal financial aid shall provide voter registration forms to each student upon payment of tuition, fees, and activities funds at the commencement of as early as possible in the fall quarter. The forms must contain spaces for the information required in section 201.071, subdivision 1, and applicable rules of the secretary of state. The institutions may request these forms from the secretary of state. Institutions shall consult with their campus student government in determining the most effective means of distributing the forms.

Subd. 2. [STUDENT VOTER REGISTRATION.] Upon registration or receipt of payment of fees, students must be asked if they want to register to vote at the same time. A copy of each completed voter registration form must be sent to the county auditor of the county in which the voter maintains residence or to the secretary of state as soon as possible. All completed voter registration forms must be forwarded to the county auditor within five days and in no case later than 21 days before the general election.

Sec. 55. Minnesota Statutes 1994, section 248.07, subdivision 7, is amended to read:

Subd. 7. [BLIND, VENDING STANDS AND MACHINES ON GOVERNMENTAL PROPERTY.] Notwithstanding any other law, for the rehabilitation of blind persons the commissioner shall have exclusive authority to establish and to operate vending stands and vending machines in all buildings and properties owned or rented exclusively by the Minnesota state colleges and universities at a state university or, a community college systems, a consolidated community technical college, or a technical college served by the commissioner before January 1, 1996, or by any department or agency of the state of Minnesota except the department of natural resources properties operated directly by the division of state parks and not subject to private leasing. The merchandise to be dispensed by such vending stands and machines may include nonalcoholic beverages, food, candies, tobacco, souvenirs, notions and related items. Such vending stands and vending machines herein authorized shall be operated on the same basis as other vending stands for the blind established and supervised by the commissioner under federal law. The commissioner shall waive this authority to displace any present private individual concessionaire in any state-owned or rented building or property who is operating under a contract with a specific renewal or termination date, until the renewal or termination date. With the consent of the governing body of a governmental subdivision of the state, the commissioner may establish and supervise vending stands and vending machines for the blind in any building or property exclusively owned or rented by the governmental subdivision.

Sec. 56. Laws 1995, chapter 212, article 2, section 15, is amended to read:

Sec. 15. [CREDIT STUDENT TRACKING.] The board of regents of the University of Minnesota and the board of trustees of the Minnesota state colleges and universities are requested to develop a centralized electronic tracking system systems of credits earned by students student enrollment.

Sec. 57. Laws 1995, chapter 212, article 2, section 20, subdivision 1, is amended to read:

Subdivision 1. [PLAN.] The state universities, community colleges, and technical colleges shall each develop and implement plans, in conjunction with the board of trustees, to provide students with job placement history and projected demand to students at the time the student declares a major program or field of study for careers in major

programs or fields of study. The University of Minnesota campuses are requested to develop and implement similar plans. These plans may allow for this information to be provided through such means as in-person student advising or electronic delivery, as determined by the campus to best address student needs.

Sec. 58. Laws 1995, chapter 212, article 2, section 20, subdivision 2, is amended to read:

Subd. 2. [CONTENTS.] Information provided must include program placement history, and projected demand in the field and in associated types of placement, using labor market forecasting information from the department of economic security or similar materials. The plan must provide for students to indicate in writing that they received the information.

Sec. 59. [MINNESOTA STATE COLLEGE AND UNIVERSITY POLICIES.]

Subdivision 1. [GENERAL.] In establishing system policies under this section and elsewhere in this act, the system office and campus representatives shall consult with the departments of administration, employee relations, and finance.

Subd. 2. [PROPERTY DISPOSAL POLICY.] Notwithstanding Minnesota Statutes, section 15.054, Minnesota state college and university system and campus officials, in consultation with the department of administration, shall establish an efficient method for the disposal and exchange of property and equipment no longer needed by the system office or a campus, but that might be of use to another college or university in the system.

Sec. 60. [FINANCIAL AID RULES.]

The higher education services office shall eliminate the requirement that schools document that students have been counseled regarding responsibilities as SELF loan borrowers. Schools shall have a campus policy for counseling students about their obligations and responsibilities as SELF borrowers. This counseling may be done in conjunction with federal loan counseling. The office shall work with the Minnesota association of financial aid administrators to determine a solution to the problems created by different federal and state disbursement schedules and to improve the process relating to holds on state grants for nonpayment of child support.

Sec. 61. [REPEALER.]

Minnesota Statutes 1994, sections 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; 137.33; and 137.36; and Minnesota Statutes 1995 Supplement, sections 16A.125, subdivision 6a; 135A.08; 136F.25; and 136F.59, subdivision 1; and Laws 1995, chapter 212, article 1, section 6, subdivision 1, are repealed.

Sec. 62. [EFFECTIVE DATE.]

Sections 1 to 61 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to education; removing mandates from higher education; requiring increased accountability and performance for funding; amending Minnesota Statutes 1994, sections 15.43, subdivisions 2 and 3; 16B.01, subdivision 2; 16B.06, subdivision 2; 16B.21, subdivisions 1 and 3; 16B.33, subdivisions 1, 3, and 4; 16B.35, by adding a subdivision; 16B.41, subdivision 2; 16B.49; 16B.531; 16B.54, subdivision 1; 16B.85, subdivision 2; 43A.05, subdivision 4; 43A.10, subdivision 3; 123.70, subdivision 10; 135A.033; 135A.14, as amended; 137.37; 169.448, subdivision 2; 201.1611; and 248.07, subdivision 7; Minnesota Statutes 1995 Supplement, sections 16B.17, subdivision 6; 16B.465, subdivision 4; 43A.06, subdivision 1; 135A.181; 136A.101, subdivision 10; 136F.06, subdivisions 1 and 2; 136F.12; 136F.16, subdivision 3; 136F.18; 136F.30; 136F.36, subdivision 2; 136F.44; 136F.50; 136F.53, subdivisions 1 and 3; 136F.58; 136F.71, by adding a subdivision; 136F.72, subdivision 3; and 136F.80, subdivision 2; Laws 1995, chapter 212, article 2, sections 15; and 20, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; and 136F; repealing Minnesota Statutes 1994, sections 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; 137.33; and 137.36; Minnesota Statutes 1995 Supplement, sections 16A.125, subdivision 6a; 135A.08; 136F.25; and 136F.59, subdivision 1; Laws 1995, chapter 212, article 1, section 6, subdivision 1."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 2213, A bill for an act relating to labor relations; ratifying certain labor agreements; modifying certain salary provisions for higher education officers; amending Minnesota Statutes 1995 Supplement, section 15A.081, subdivision 7b.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [RATIFICATIONS.]

Subdivision 1. [COUNCIL 6.] The labor agreement between the state of Minnesota and state bargaining units 2, 3, 4, 6, 7, and 8 represented by the American Federation of State, County, and Municipal Employees, Council 6, approved by the legislative coordinating commission joint subcommittee on employee relations on October 23, 1995, is ratified.

Subd. 2. [ADMINISTRATIVE LAW JUDGES, OFFICE OF ADMINISTRATIVE HEARINGS.] The compensation plan for administrative law judges in the office of administrative hearings, as modified and approved by the legislative coordinating commission joint subcommittee on employee relations on October 23, 1995, is ratified.

Subd. 3. [UNREPRESENTED MANAGERS AND CHANCELLOR, MINNESOTA STATE COLLEGES AND UNIVERSITIES.] The compensation plan for excluded administrators of the Minnesota state colleges and universities, as amended and approved by the legislative coordinating commission joint subcommittee on employee relations on June 7, 1995, is ratified. The salary proposed by the board of trustees of the Minnesota state colleges and universities for the chancellor, approved by the legislative commission on employee relations on June 7, 1995, is ratified.

Subd. 4. [SUPERVISORS.] The labor agreement between the state of Minnesota and the middle management association, approved by the legislative coordinating commission joint subcommittee on employee relations on December 11, 1995, is ratified.

Subd. 5. [ENGINEERS.] The labor agreement between the state of Minnesota and the Minnesota government engineers council, approved by the legislative coordinating commission joint subcommittee on employee relations on December 11, 1995, is ratified.

Subd. 6. [COMMUNITY COLLEGE FACULTY.] The labor agreement between the state of Minnesota and the Minnesota community college faculty association, approved by the legislative coordinating commission joint subcommittee on employee relations on December 11, 1995, is ratified.

Subd. 7. [NURSES.] The labor agreement between the state of Minnesota and the Minnesota nurses association, approved by the legislative coordinating commission joint subcommittee on employee relations on December 11, 1995, is ratified.

Subd. 8. [HIGHER EDUCATION SERVICES OFFICE DIRECTOR.] The proposed salary of the director of the higher education services office, as modified and approved by the legislative coordinating commission joint subcommittee on employee relations on December 11, 1995, is ratified.

Subd. 9. [SPECIAL TEACHERS.] The labor agreement between the state of Minnesota and the state residential schools education association, approved by the legislative coordinating commission joint subcommittee on employee relations on January 12, 1996, is ratified.

Subd. 10. [LAW ENFORCEMENT.] The labor agreement between the state of Minnesota and the Minnesota law enforcement association, approved by the legislative coordinating commission joint subcommittee on employee relations on January 12, 1996, is ratified.

Subd. 11. [STATE UNIVERSITY ADMINISTRATIVE AND SERVICE FACULTY.] The labor agreement between the state of Minnesota and the Minnesota state university association of administrative and service faculty, approved by the legislative coordinating commission joint subcommittee on employee relations on January 12, 1996, is ratified.

Subd. 12. [PROFESSIONAL EMPLOYEES.] The labor agreement between the state of Minnesota and the Minnesota association of professional employees, approved by the legislative coordinating commission joint subcommittee on employee relations on January 12, 1996, is ratified.

Subd. 13. [MANAGERIAL PLAN.] The plan for managerial employees, as amended and approved by the legislative coordinating commission joint subcommittee on employee relations on January 12, 1996, is ratified.

Subd. 14. [UNREPRESENTED EMPLOYEES, HIGHER EDUCATION SERVICES OFFICE.] The plan for unrepresented, unclassified employees of the higher education services office, as approved by the legislative coordinating commission joint subcommittee on employee relations on January 12, 1996, is ratified.

Subd. 15. [NONMANAGERIAL, UNREPRESENTED EMPLOYEES COMPENSATION PLAN.] The plan for nonmanagerial, unrepresented employees, as amended and approved by the legislative coordinating commission joint subcommittee on employee relations on January 12, 1996, is ratified.

Sec. 2. Minnesota Statutes 1995 Supplement, section 15A.081, subdivision 7b, is amended to read:

Subd. 7b. [HIGHER EDUCATION OFFICERS.] The board of trustees of the Minnesota state colleges and universities, state university board, the state board for community colleges, the state board of technical colleges, and the higher education services office council shall set the salary rates for, respectively, the chancellor of the higher education system, the chancellor of the state universities, the chancellor of the community colleges, the chancellor of vocational technical education, Minnesota state colleges and universities and the executive director of the higher education services office. The respective board or the council shall submit the proposed salary increase change to the legislative coordinating commission for approval, modification, or rejection in the manner provided in section 3.855. The salary rates rate for the positions specified in this subdivision chancellor of the Minnesota state colleges and universities may not exceed 95 percent of the salary of the governor under section 15A.082, subdivision 3. For purposes of this subdivision, the "salary rate of the chancellor" does not include:

(1) employee benefits that are also provided for the majority of all other full-time state employees, vacation and sick leave allowances, health and dental insurance, disability insurance, term life insurance, and pension benefits or like benefits the cost of which is borne by the employee or which is not subject to tax as income under the Internal Revenue Code of 1986;

(2) dues paid to organizations that are of a civic, professional, educational, or governmental nature;

(3) reimbursement for actual expenses incurred by the employee that the appointing authority determines to be directly related to the performance of job responsibilities, including any relocation expenses paid during the initial year of employment; or

(4) a housing allowance that is comparable to housing allowances provided to chancellors and university presidents in similar higher education systems nationwide.

The salary of the director of the higher education services office may not exceed the maximum of the salary range for the commissioner of administration. In deciding whether to recommend a salary increase, the governing board or council shall consider the performance of the chancellor or director, including the chancellor's or director's progress toward attaining affirmative action goals.

Sec. 3. Minnesota Statutes 1994, section 43A.17, subdivision 1, is amended to read:

Subdivision 1. [SALARY LIMITS.] As used in subdivisions 1 to 9, "salary" means hourly, monthly, or annual rate of pay including any lump-sum payments and cost-of-living adjustment increases but excluding payments due to overtime worked, shift or equipment differentials, work out of class as required by collective bargaining agreements or plans established under section 43A.18, and back pay on reallocation or other payments related to the hours or conditions under which work is performed rather than to the salary range or rate to which a class is assigned. For presidents of state universities, "salary" does not include a housing allowance provided through a compensation plan approved under section 43A.18, subdivision 3a.

The salary, as established in section 15A.081, of the head of a state agency in the executive branch is the upper limit of compensation on the salaries of individual employees in the agency. The salary of the commissioner of labor and industry is the upper limit of compensation salaries of employees in the bureau of mediation services. However, if

an agency head is assigned a salary that is lower than the current salary of another agency employee, the employee retains the salary, but may not receive an increase in salary as long as the salary is above that of the agency head. The commissioner may grant exemptions from these upper limits as provided in subdivisions 3 and 4.

Sec. 4. Minnesota Statutes 1995 Supplement, section 43A.18, subdivision 2, is amended to read:

Subd. 2. [UNREPRESENTED NONMANAGERIAL EMPLOYEE COMMISSIONER'S PLAN.] Except as provided in section 43A.01, the compensation, terms and conditions of employment for all classified and unclassified employees, except unclassified employees in the legislative and judicial branches, who are not covered by a collective bargaining agreement and not otherwise provided for in chapter 43A or other law are governed solely by a plan developed by the commissioner. The legislative coordinating commission shall review and approve, reject, or modify the plan under section 3.855, subdivision 2. The plan need not be adopted in accordance with the rulemaking provisions of chapter 14.

Sec. 5. Minnesota Statutes 1994, section 179A.03, subdivision 4, is amended to read:

Subd. 4. [CONFIDENTIAL EMPLOYEE.] "Confidential employee" means any an employee who as part of the employee's job duties:

(1) has access to labor relations information subject to use by the public employer in meeting and negotiating as that term is defined in section 13.37, subdivision 1, paragraph (c); or

(2) actively participates in the meeting and negotiating on behalf of the public employer.

However, for executive branch employees of the state or employees of the regents of the University of Minnesota, "confidential employee" means any employee who:

(a) has access to information subject to use by the public employer in collective bargaining; or

(b) actively participates in collective bargaining on behalf of the public employer.

Sec. 6. [EFFECTIVE DATE.]

Sections 1 to 5 are effective the day following final enactment."

Amend the title as follows:

Page 1, line 4, after "amending" insert "Minnesota Statutes 1994, sections 43A.17, subdivision 1; and 179A.03, subdivision 4;"

Page 1, line 5, delete "section" and insert "sections" and before the period insert "; and 43A.18, subdivision 2"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 2233, A bill for an act relating to commerce; changing the enforcement authority to the commissioner; providing continuing education and reporting requirements for certain licenses; regulating inspections of cosmetology salons and schools; regulating disclosures of information and data; regulating securities registrations and exemptions; regulating franchise registrations and definitions; regulating cancellations of membership camping contracts; modifying the bond or insurance requirements for abstractors; regulating residential building contractors; revising the definitions of roofer and special skills; regulating unclaimed properties and notaries public; removing a certain licensing exception; repealing an obsolete provision; amending Minnesota Statutes 1994, sections 45.011, subdivision 1; 45.027, subdivision 7, and by adding subdivisions; 53A.081, subdivision 1; 60K.19, subdivisions 7, 8, and 10; 80A.05, subdivision 1; 80A.06, subdivision 3; 80A.09, by adding a subdivision; 80A.10, subdivision 4; 80A.11, by adding a

80A.14, by adding subdivisions; 80A.15, subdivisions 2 and 3; 80C.01, by adding a subdivision; 80C.05, by adding a subdivision; 82.22, subdivision 13; 82A.11, by adding a subdivision; 82B.19, by adding a subdivision; 155A.08, subdivision 3; 155A.09, subdivision 7; 155A.095; 326.83, subdivisions 18 and 19; 326.87, by adding a subdivision; 326.91, by adding subdivisions; 326.991; 332.34; 345.41; 345.42; 345.43, by adding a subdivision; 345.515; 359.01, subdivisions 1 and 2; 359.02; and 359.061; Minnesota Statutes 1995 Supplement, sections 16A.6701, subdivision 1; 80A.15, subdivision 1; and 386.66; proposing coding for new law in Minnesota Statutes, chapters 45; and 332; repealing Minnesota Statutes 1994, sections 80A.14, subdivision 8; 326.95, subdivision 4; 326.97, subdivision 3; 326.99; and 345.43, subdivisions 1 and 2.

Reported the same back with the following amendments:

Page 8, after line 13, insert:

"Sec. 10. Minnesota Statutes 1995 Supplement, section 83.26, subdivision 2, is amended to read:

Subd. 2. [GENERALLY; TRANSACTIONS.] Unless the method of offer or sale is adopted for the purpose of evasion of sections 83.20 to 83.42, 83.43 and 83.44, the following transactions are exempt from sections 83.23, 83.24, 83.25, 83.28, 83.29, and 83.30:

(a) the offer or sale of an interest in subdivided land by an owner, other than the subdivider, acting as principal in a single or isolated transaction;

(b) the offer or sale of all of the subdivided lands within a subdivision in a single transaction to any person;

(c) the offer or sale of subdivided land pursuant to an order of competent jurisdiction, other than a court of bankruptcy;

(d) the offer or sale of subdivided land consisting of not more than ten separate lots, units, parcels, or interests in the aggregate, provided that no subdivider may make an offer or sale of subdivided land pursuant to this exemption more than once during any period of 12 consecutive months;

(e) the offer or sale of subdivided lands which have been registered under section 83.23, subdivision 2, if there are no more than ten separate lots, units, parcels, or interests remaining to be sold and no material change has occurred in the information on file with the commissioner;

(f) the offer and sale of subdivided land located within the corporate limits of a municipality as defined in section 462.352, subdivision 2, which municipality has adopted subdivision regulations as defined in section 462.352, except those lands described in section 83.20, subdivision 13;

(g) the offer and sale of apartments or condominium units as defined in chapters 515 and 515A, and units in common interest communities as defined in chapter 515B;

(h) the offer and sale of subdivided lands used primarily for agricultural purposes provided each parcel is at least ten acres in size;

(i) the offer or sale of improved lots if:

(1) the subdivider has filed with the commissioner, no later than ten business days prior to the date of the first sale, a written notice of its intention to offer or sell improved lots, which notice shall be accompanied by a fee of $50, together with a copy of the public offering statement accepted by the situs state and the standard purchase agreement which documents are required to be supplied by the subdivider to the purchaser; and

(2) the subdivider deposits all downpayments in an escrow account until all obligations of the subdivider to the purchaser, which are pursuant to the terms of the purchase agreement to be performed prior to the closing, have been performed. The subdivider shall provide the purchaser with a purchase receipt for the downpayment paid, a copy of the escrow agreement and the name, address, and telephone number of the escrow agent. The escrow agent shall be a bank located in Minnesota. All downpayments shall be deposited in the escrow account within two business days after receipt; and

(j) the offer of sale of subdivided lands by a subdivider that has been granted an exemption from registration by the federal Department of Housing and Urban Development under the multiple site subdivision exemption, if the subdivider provides a written notice of the offer of sale to the commissioner before any offers or sale commence.

The written notice must include the name of the subdivision, the county and state in which the subdivision is located, and the number of lots in the subdivision, and a notarized affidavit that all proposed improvements have been completed and the costs of all the improvements have been fully paid, or that the cost of any uncompleted road construction or survey expenses are covered by a bond or escrow account payable to the entities responsible for providing or completing the roads or surveys. The escrow account must be with an independent escrow agent.

The subdivider must also provide to the commissioner a copy of the federal Housing and Urban Development exemption order and the most recent annual confirmation letter which indicates that the order is still in effect.

If the closing services are provided by the subdivider or an affiliate of the subdivider, purchasers must manually initial in the Housing and Urban Development Lot Information Statement both the disclosure on all the liens, reservations, taxes, assessments, easements, and restrictions applicable to the lot purchased and the disclosure on the risks of not obtaining clear title.

The commissioner may, by rule or order, suspend, revoke, or further condition the exemptions contained in clauses (f), (g), (h), (i), and (j), or may require such further information as may be necessary for the protection of purchasers.

The commissioner may by rule or order suspend, revoke, or further condition the exemptions contained in clauses (f), (g), (h), and (i) or may require such further information as may be necessary for the protection of purchasers.

The rulemaking authority in this subdivision does not include emergency rulemaking authority pursuant to chapter 14."

Page 12, line 1, reinstate "shall" and delete "may"

Page 15, delete lines 5 to 9 and insert:

"Subd. 2. [NONRESIDENT NOTARIES.] Notwithstanding the provisions of subdivision 1, The governor may appoint as notary public, by and with the advice and consent of the senate, or the commissioner of commerce, acting on the governor's behalf, may appoint as notary public a person who is not a resident of this state if:"

Page 32, line 4, delete "employees" and insert "employee"

Page 32, line 8, delete "and/or" and insert "or"

Page 32, line 9, delete "buyer" and insert "purchaser"

Page 32, line 13, delete "or 15b"

Page 32, line 14, delete the semicolon and insert a comma and after "or" insert "is a class of securities with respect to which the issuer files reports according to section 15(d) of the Securities Exchange Act of 1934; or"

Page 32, line 15, delete "Form" and insert "Rule"

Page 32, line 19, delete "showing"

Page 32, delete line 20

Page 32, line 21, delete everything before the period and insert "and any other information that the commissioner requires by rule or otherwise or, if applicable, a Securities and Exchange Form S-8"

Page 32, line 22, delete "30" and insert "90"

Pages 37 to 39, delete sections 1 and 2

Page 40, line 19, delete "5 and 7" and insert "3 and 5"

Page 40, line 21, delete "6" and insert "4"

Page 40, after line 21, insert:

Section 1. Minnesota Statutes 1995 Supplement, section 309.53, subdivision 3, is amended to read:

Subd. 3. The financial statement shall include a balance sheet, statement of income and expense, and statement of functional expenses, shall be consistent with forms furnished by the attorney general, and shall be prepared in accordance with generally accepted accounting principles so as to make a full disclosure of the following, including necessary allocations between each item and the basis of such allocations:

(a) total receipts and total income from all sources;

(b) cost of management and general expenses;

(c) program services;

(d) cost of fund raising;

(d) (e) cost of public education;

(e) (f) funds or properties transferred out of state, with explanation as to recipient and purpose;

(f) (g) total net amount disbursed or dedicated within this state, broken down into total amounts disbursed or dedicated for each major purpose, charitable or otherwise;

(g) (h) names of professional fund raisers used during the accounting year and the financial compensation or and profit resulting to each professional fund raiser; and

(h) (i) a list of the five highest paid directors, officers, and employees of the organization that receive total compensation of more than $50,000, together with the total compensation paid to each. Total compensation shall include salaries, fees, bonuses, fringe benefits, severance payments, and deferred compensation paid by the charitable organization and all related organizations as that term is defined by section 317A.011, subdivision 18. On July 1, 1997, and thereafter, the charitable organization shall begin disclosure of the total compensation of the five highest paid directors, officers, and employees of any related organization if the related organization receives funds from the charitable organization.

Unless otherwise required by this subdivision, the financial statement need not be certified.

A financial statement of a charitable organization which has received total revenue in excess of $350,000 for the 12 months of operation covered by the statement shall be accompanied by an audited financial statement prepared in accordance with generally accepted accounting principles that has been examined by an independent certified public accountant for the purpose of expressing an opinion. In preparing the audit the certified public accountant shall take into consideration capital, endowment or other reserve funds, if any, controlled by the charitable organization.

Sec. 2. Minnesota Statutes 1994, section 309.57, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] Upon the application of the attorney general the district court is vested with jurisdiction to restrain, enjoin, and redress violations of sections 309.50 to 309.61. The court may make any necessary order or judgment including, but not limited to, injunctions, restitution, appointment of a receiver for the defendant or the defendant's assets, suspension of the defendant's registration, awards of reasonable attorney fees, and costs of investigation and litigation, and may award to the state civil penalties up to $25,000 $40,000 for each violation of sections 309.50 to 309.61. In ordering injunctive relief, the attorney general shall not be required to establish irreparable harm but only a violation of statute or that the requested order promotes the public interest. The court may, as appropriate, enter a consent judgment or decree without the finding of illegality.

Sec. 3. Minnesota Statutes 1994, section 325F.56, subdivision 2, is amended to read:

Subd. 2. "Repairs" means work performed for a total price of more than $100 and less than $2,000 $7,500, including the price of parts and materials, to restore a malfunctioning, defective, or worn motor vehicle, appliance, or dwelling place used primarily for personal, family, or household purposes and not primarily for business or agricultural purposes. "Repairs" do not include service calls or estimates.

Sec. 4. Minnesota Statutes 1995 Supplement, section 325G.203, is amended by adding a subdivision to read:

Subd. 11a. For those assistive devices regulated under section 153A.19, "nonconformity" means a mechanical defect and not a condition of the device that is the result of normal use which could be resolved through fitting adjustments, cleaning, or proper care.

Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 4 are effective on the day following final enactment."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 12, delete everything after the semicolon

Page 1, line 13, delete everything before "regulating"

Page 1, line 15, after the second semicolon, insert "modifying reporting and enforcement provisions for charitable solicitations; regulating the repair of certain consumer goods; modifying the definition of "nonconformity" for purposes of assistive listening device regulation;"

Page 1, line 27, delete everything after the second semicolon and insert "309.57, subdivision 1; 325F.56, subdivision 2;"

Page 1, line 28, delete "19;"

Page 1, line 33, after "1;" insert "83.26, subdivision 2; 309.53, subdivision 3; 325G.203, by adding a subdivision;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 2236, A bill for an act relating to commerce; regulating the enforcement powers of the commissioner; amending Minnesota Statutes 1994, section 45.027, subdivision 5, and by adding a subdivision.

Reported the same back with the following amendments:

Page 3, line 5, delete "required" and insert "requested"

Page 4, after line 6, insert:

"Sec. 3. Minnesota Statutes 1995 Supplement, section 309.53, subdivision 3, is amended to read:

Subd. 3. The financial statement shall include a balance sheet, statement of income and expense, and statement of functional expenses, shall be consistent with forms furnished by the attorney general, and shall be prepared in accordance with generally accepted accounting principles so as to make a full disclosure of the following, including necessary allocations between each item and the basis of such allocations:

(a) total receipts and total income from all sources;

(b) cost of management and general expenses;

(c) program services;

(d) cost of fund raising;

(d) (e) cost of public education;

(e) (f) funds or properties transferred out of state, with explanation as to recipient and purpose;

(f) (g) total net amount disbursed or dedicated within this state, broken down into total amounts disbursed or dedicated for each major purpose, charitable or otherwise;

(g) (h) names of professional fund raisers used during the accounting year and the financial compensation or and profit resulting to each professional fund raiser; and

(h) (i) a list of the five highest paid directors, officers, and employees of the organization that receive total compensation of more than $50,000, together with the total compensation paid to each. Total compensation shall include salaries, fees, bonuses, fringe benefits, severance payments, and deferred compensation paid by the charitable organization and all related organizations as that term is defined by section 317A.011, subdivision 18. On July 1, 1997, and thereafter, the charitable organization shall begin disclosure of the total compensation of the five highest paid directors, officers, and employees of any related organization if the related organization receives funds from the charitable organization.

Unless otherwise required by this subdivision, the financial statement need not be certified.

A financial statement of a charitable organization which has received total revenue in excess of $350,000 for the 12 months of operation covered by the statement shall be accompanied by an audited financial statement prepared in accordance with generally accepted accounting principles that has been examined by an independent certified public accountant for the purpose of expressing an opinion. In preparing the audit the certified public accountant shall take into consideration capital, endowment or other reserve funds, if any, controlled by the charitable organization.

Sec. 4. Minnesota Statutes 1994, section 309.57, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] Upon the application of the attorney general the district court is vested with jurisdiction to restrain, enjoin, and redress violations of sections 309.50 to 309.61. The court may make any necessary order or judgment including, but not limited to, injunctions, restitution, appointment of a receiver for the defendant or the defendant's assets, suspension of the defendant's registration, awards of reasonable attorney fees, and costs of investigation and litigation, and may award to the state civil penalties up to $25,000 $40,000 for each violation of sections 309.50 to 309.61. In ordering injunctive relief, the attorney general shall not be required to establish irreparable harm but only a violation of statute or that the requested order promotes the public interest. The court may, as appropriate, enter a consent judgment or decree without the finding of illegality.

Sec. 5. Minnesota Statutes 1994, section 325F.56, subdivision 2, is amended to read:

Subd. 2. "Repairs" means work performed for a total price of more than $100 and less than $2,000 $7,500, including the price of parts and materials, to restore a malfunctioning, defective, or worn motor vehicle, appliance, or dwelling place used primarily for personal, family, or household purposes and not primarily for business or agricultural purposes. "Repairs" do not include service calls or estimates.

Sec. 6. Minnesota Statutes 1995 Supplement, section 325G.203, is amended by adding a subdivision to read:

Subd. 11a. For those assistive devices regulated under section 153A.19, "nonconformity" means a mechanical defect and not a condition of the device that is the result of normal use which could be resolved through fitting adjustments, cleaning, or proper care.

Sec. 7. [EFFECTIVE DATE.]

Sections 3 to 6 are effective on the day following final enactment."

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "modifying reporting and enforcement provisions for charitable solicitations; regulating the repair of certain consumer goods; modifying the definition of "nonconformity" for purposes of assistive listening device regulation;"

Page 1, line 4, delete "section" and insert "sections"

Page 1, line 5, before the period, insert "; 309.57, subdivision 1; and 325F.56, subdivision 2; Minnesota Statutes 1995 Supplement, sections 309.53, subdivision 3; and 325G.203, by adding a subdivision"

With the recommendation that when so amended the bill pass.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 2243, A bill for an act relating to the environment; allowing local zoning authority for decisions regarding animal lots; amending Minnesota Statutes 1994, section 116.07, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 116.07, is amended by adding a subdivision to read:

Subd. 7a. [LOCAL ZONING AUTHORITY.] Nothing in this section precludes a local unit of government from exercising its planning and zoning authority to regulate animal lots with respect to setbacks, size, and location under sections 366.10 to 366.181, sections 394.21 to 394.37, or sections 462.351 to 462.365. This authority must meet applicable state standards issued by the agency and may be more restrictive.

Sec. 2. [EFFECTIVE DATE.]

This act is effective on the day following final enactment."

With the recommendation that when so amended the bill be re-referred to the Committee on Local Government and Metropolitan Affairs without further recommendation.

The report was adopted.

Jaros from the Committee on International Trade and Economic Development to which was referred:

H. F. No. 2256, A bill for an act relating to economic development; changing classification of the director of tourism; modifying provisions relating to business finance programs and the competitiveness task force; abolishing the main street program and the rural development board; transferring authority for certain programs; amending Minnesota Statutes 1994, sections 16B.06, subdivision 2; 116J.01, subdivision 5; 116J.581, subdivisions 2 and 4; and 116J.980, subdivision 1; Minnesota Statutes 1995 Supplement, sections 116J.58, subdivision 1; 116J.581, subdivision 1; and 116J.655; repealing Minnesota Statutes 1994, sections 116J.981; 116N.01; 116N.02, subdivisions 2, 3, 4, 5, and 6; 116N.03, subdivision 1; 116N.04; and 116N.07; Minnesota Statutes 1995 Supplement, sections 116N.02, subdivision 1; and 116N.03, subdivision 2; Minnesota Rules, part 4370.0010, subpart 3.

Reported the same back with the following amendments:

Page 2, line 16, strike "may employ" and insert "must employ at least two and not more than"

Page 2, line 20, after the stricken period, insert "A director of tourism shall be appointed by the governor. The director shall be under the supervision of the commissioner."

Page 8, after line 13, insert:

"Sec. 9. Minnesota Statutes 1995 Supplement, section 116N.03, subdivision 2, is amended to read:

Subd. 2. [GIFTS; GRANTS.] The board commissioner may apply for, accept, and disburse gifts, grants, loans, or other property from the United States, the state, private foundations, or any other source. It; may enter into an agreement required for the gifts, grants, or loans; and may hold, use, and dispose of its assets in accordance with the terms of the gift, grant, loan, or agreement. Money received by the board commissioner under this subdivision must be deposited in a separate account in the state treasury and invested by the state board of investment. The amount deposited, including investment earnings, is appropriated to the board commissioner to carry out its duties under this section.

Sec. 10. Minnesota Statutes 1995 Supplement, section 116N.06, is amended to read:

116N.06 [RURAL INVESTMENT GUIDE.]

The board, after appropriate study and public hearings as necessary, commissioner shall adopt a comprehensive state rural investment guide consisting of policy statements, objectives, standards, and program criteria to guide state agencies in establishing and implementing programs relating to rural development. The guide must recognize the community and economic needs, the food and agricultural policy, and the resources of rural Minnesota, and provide a plan to coordinate and allocate public and private resources to the rural areas of the state. The board commissioner shall submit the guide to the appropriate committees of the legislature. The guide shall be prepared every fourth year."

Page 8, line 14, delete "9" and insert "11"

Page 8, line 18, after "sections" insert "116N.01, subdivisions 1, 3, 4, 5, 6, 7, and 8; 116N.02, subdivision 6; 116N.03, subdivision 1;" and after "116N.06" insert a semicolon

Page 8, line 19, after the third comma insert "making conforming changes as necessary,"

Page 8, line 26, delete "10" and insert "12"

Page 8, line 27, before the second semicolon insert ", subdivision 2"

Page 8, line 28, after "4," insert "and" and delete ", and 6; 116N.03, subdivision 1"

Page 8, line 30, delete "sections" and insert "section" and delete "and 116N.03, subdivision 2;"

Amend the title as follows:

Page 1, line 12, delete "and" and before "repealing" insert "116N.03, subdivision 2; and 116N.06;"

Page 1, line 13, after "116N.01" insert ", subdivision 2"

Page 1, line 14, after "4," insert "and" and delete everything after "5"

Page 1, line 15, delete "subdivision 1"

Page 1, line 16, delete "sections" and insert "section"

Page 1, line 17, delete "and 116N.03, subdivision 2;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce, Tourism and Consumer Affairs.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 2264, A bill for an act relating to parks and recreation; adding to and deleting from state parks.

Reported the same back with the following amendments:

Page 2, line 15, before "The" insert "(a)"

Page 2, line 16, after "park" insert ", all in Section 1, Township 31 North, Range 20 West, Washington County, Minnesota"

Page 4, delete lines 13 and 14 and insert:

"(b) The following area is added to William O'Brien state park, all in Section 36, Township 32 North, Range 20 West, Washington County, Minnesota: The Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 2343, A bill for an act relating to capital improvements; appropriating money for the Prairie Woods environmental learning center in Kandiyohi county; authorizing the sale of state bonds.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Finance without further recommendation.

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 2391, A bill for an act relating to commerce; petroleum tank release cleanup; regulating reimbursement; providing enforcement authority to the commissioner of commerce; making various technical changes; amending Minnesota Statutes 1994, sections 115C.02, subdivision 8, and by adding a subdivision; 115C.03, subdivision 8; 115C.06; and 115C.09, as amended; Minnesota Statutes 1995 Supplement, sections 115C.02, subdivision 11a; 115C.092, subdivision 1; 115C.10, subdivision 1; 115C.11, subdivision 1; and 115C.12; proposing coding for new law in Minnesota Statutes, chapter 115C; repealing Minnesota Statutes 1994, section 115C.11, subdivisions 3 and 4; Minnesota Statutes 1995 Supplement, section 115C.11, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 115C.02, is amended by adding a subdivision to read:

Subd. 2a. [APPLICANT.] "Applicant" means a person eligible under section 115C.09 to receive reimbursement from the fund.

Sec. 2. Minnesota Statutes 1995 Supplement, section 115C.02, subdivision 11a, is amended to read:

Subd. 11a. [PREREMOVAL SITE ASSESSMENT.] "Preremoval site assessment" means actions defined in section 115C.092 which are taken by a registered consultant or the consultant's subcontractor prior to the removal of a petroleum storage tank in order to determine whether a release has occurred in the area immediately surrounding the tank.

Sec. 3. Minnesota Statutes 1994, section 115C.03, subdivision 8, is amended to read:

Subd. 8. [CLASSIFICATION OF DATA.] Except as otherwise provided in this subdivision, data obtained from a person under subdivision 6 or 7 is public data as defined in section 13.02. Upon certification by the subject of the data that the data relates to sales figures, processes or methods of production unique to that person, or information that would tend to adversely affect the competitive position of that person, the commissioner shall classify the data as private or nonpublic data as defined in section 13.02. Data classified as private or nonpublic under this subdivision may be disclosed when relevant in a proceeding under sections 115C.03 to 115C.10 this chapter.

Sec. 4. Minnesota Statutes 1994, section 115C.06, is amended to read:

115C.06 [EFFECT ON OTHER LAW.]

Subdivision 1. [ACTIONS UNDER CHAPTER 115B.] Sections 115C.03 to 115C.10 do This chapter does not limit any actions initiated by the agency under chapter 115B.

Subd. 2. [DUTY TO NOTIFY AND TAKE ACTION FOR RELEASE.] Sections 115C.03 to 115C.10 do This chapter does not limit a person's duty to notify the agency and take action related to a release as provided in section 115.061.

Sec. 5. Minnesota Statutes 1994, section 115C.09, as amended by Laws 1995, chapter 240, article 1, sections 4, 5, 6, and 7, is amended to read:

115C.09 [REIMBURSEMENT TO RESPONSIBLE AND OTHER PERSONS.]

Subdivision 1. [REIMBURSABLE COSTS.] (a) The board shall provide partial reimbursement to eligible responsible persons applicants for reimbursable costs incurred after June 4, 1987.

(b) The following costs are reimbursable for purposes of this section chapter:

(1) corrective action costs incurred by the responsible person applicant and documented in a form prescribed by the board, except the costs related to the physical removal of a tank;

(2) costs that the responsible person is legally obligated to pay as damages to third parties for bodily injury, property damage, or corrective action costs incurred by a third party caused by a release where the responsible person's liability for the costs has been established by a court order, consent decree, or a court-approved stipulation of settlement approved before May 11, 1994, for which the responsible party has assigned its rights to reimbursement under this section to a third-party claimant; and

(3) up to 180 days worth of interest costs, associated with the financing of corrective action and incurred by the applicant in a written financing contract signed by the applicant and executed after May 25, 1991, associated with the financing of corrective action. Interest costs are not eligible for reimbursement to the extent they exceed two percentage points above the adjusted prime rate charged by banks, as defined in section 270.75, subdivision 5, at the time the financing contract was executed; and

(4) preremoval site assessment costs incurred by the applicant and eligible for reimbursement under section 115C.092.

(c) A cost for liability to a third party is incurred by the responsible person when an order or consent decree establishing the liability court-approved settlement is entered that sets forth the specific costs attributed to the liability. Except as provided in this paragraph, reimbursement may not be made for costs of liability to third parties until all eligible corrective action costs have been reimbursed. If a corrective action is expected to continue in operation for more than one year after it has been fully constructed or installed, the board may estimate the future expense of completing the corrective action and, after subtracting this estimate from the total reimbursement available under subdivision 3, reimburse the costs for liability to third parties. The total reimbursement may not exceed the limit set forth in subdivision 3.

Subd. 2. [RESPONSIBLE PERSON ELIGIBILITY.] (a) A responsible person who has incurred reimbursable costs after June 4, 1987, in response to a release, may apply to the board for partial reimbursement under subdivision 3 and rules adopted by the board.

Subd. 2a. [APPLICATION FOR REIMBURSEMENT.] (a) The board may consider applications for reimbursement at the following stages:

(1) after the commissioner approves corrective actions related to soil excavation and treatment or after the commissioner determines that further soil excavation and treatment should not be done, except that corrective action costs relating to the construction and installation of a comprehensive corrective action design system are not reimbursable at this stage; and

(2) after the commissioner determines that the corrective actions described in clause (1) have been fully constructed, installed, or completed;

(3) after the commissioner approves a comprehensive plan for corrective action that will adequately address the entire release, including groundwater contamination if necessary;

(4) after the commissioner determines that the corrective action necessary to adequately address the release has been fully constructed or installed; and

(5) periodically afterward as the corrective action continues operation, but no, for corrective action costs related to the construction and installation of a comprehensive corrective action design system. An applicant shall not submit an application for reimbursement more frequently than four times per 12-month period unless the application is for more than $2,000 in reimbursement.

(b) The commissioner shall review a plan, and provide an approval or disapproval to the responsible person applicant and the board, within 60 days in the case of a plan submitted under paragraph (a), clause (1), and within 120 days in the case of a plan submitted under paragraph (a), clause (3) (2), or the commissioner shall explain to the board why additional time is necessary. The board shall consider a complete application within 60 days of submission of the application under paragraph (a), clauses clause (1) and (2), and within 120 days of submission of the application under paragraph (a), clauses (3) and (4) clause (2), or the board shall explain for the record why additional time is necessary. For purposes of the preceding sentence, board consideration of an application is timely if it occurs at the regularly scheduled meeting following the deadline. Board staff may review applications submitted to the board simultaneous simultaneously to the commissioner's consideration of the appropriateness of the corrective action, but the board may not act on the application until after the commissioner's approval is received.

(c) A reimbursement may not be made unless the board determines that the commissioner has determined that the corrective action was appropriate in terms of protecting public health, welfare, and the environment.

Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) The board shall reimburse a responsible person who is eligible under subdivision 2 an eligible applicant from the fund in the following amounts:

(1) 90 percent of the total reimbursable costs on the first $250,000 and 75 percent on any remaining costs in excess of $250,000 on a site; or

(2) for corrective actions at a residential site used as a permanent residence at the time the release was discovered, 92.5 percent of the total reimbursable costs on the first $100,000 and 100 percent of any remaining costs in excess of $100,000.

Not more than $1,000,000 may be reimbursed for costs associated with a single release, regardless of the number of persons eligible for reimbursement, and not more than $2,000,000 may be reimbursed for costs associated with a single tank facility.

(b) A reimbursement may not be made from the fund under this subdivision chapter until the board has determined that the costs for which reimbursement is requested were actually incurred and were reasonable.

(c) When an applicant has obtained responsible competitive bids or proposals according to rules promulgated under this chapter prior to June 1, 1995, the eligible costs for the tasks, procedures, services, materials, equipment, and tests of the low bid or proposal are presumed to be reasonable by the board, unless the costs of the low bid or proposal are substantially in excess of the average costs charged for similar tasks, procedures, services, materials, equipment, and tests in the same geographical area during the same time period.

(d) When an applicant has obtained a minimum of two responsible competitive bids or proposals on forms prescribed by the board and where the rules promulgated under this chapter after June 1, 1995, designate maximum costs for specific tasks, procedures, services, materials, equipment and tests, the eligible costs of the low bid or proposal are deemed reasonable if the costs are at or below the maximums set forth in the rules.

(e) Costs incurred for change orders executed as prescribed in rules promulgated under this chapter after June 1, 1995, are presumed reasonable if the costs are at or below the maximums set forth in the rules, unless the costs in the change order are above those in the original bid or proposal or are unsubstantiated and inconsistent with the process and standards required by the rules.

(f) A reimbursement may not be made from the fund under this subdivision in response to either an initial or supplemental application for costs incurred after June 4, 1987, that are payable under an applicable insurance policy, except that if the board finds that the responsible person applicant has made reasonable efforts to collect from an insurer and failed, the board shall reimburse the responsible person under this subdivision applicant.

(g) If the board reimburses a responsible person an applicant for costs for which the responsible person applicant has petroleum tank leakage or spill insurance coverage, the board is subrogated to the rights of the responsible person applicant with respect to that insurance coverage, to the extent of the reimbursement by the board. The board may request the attorney general to bring an action in district court against the insurer to enforce the board's subrogation rights. Acceptance by a responsible person an applicant of reimbursement constitutes an assignment by the responsible person applicant to the board of any rights of the responsible person applicant with respect to any insurance coverage applicable to the costs that are reimbursed. Notwithstanding this paragraph, the board may instead request a return of the reimbursement under subdivision 5 and may employ against the responsible party applicant the remedies provided in that subdivision, except where the board has knowingly provided reimbursement because the responsible person applicant was denied coverage by the insurer.

(h) Money in the fund is appropriated to the board to make reimbursements under this section chapter. A reimbursement to a state agency must be credited to the appropriation account or accounts from which the reimbursed costs were paid.

(i) The board may reduce the amount of reimbursement to be made under this section chapter if it finds that the responsible person applicant has not complied with a provision of this chapter, a rule or order issued under this chapter, or one or more of the following requirements:

(1) the agency was given notice of the release as required by section 115.061;

(2) the responsible person applicant, to the extent possible, fully cooperated with the agency in responding to the release; and

(3) the state and federal rules and regulations applicable to the condition or operation of the tank when the noncompliance caused or failed to mitigate the release.

(j) The reimbursement may be reduced as much as 100 percent for failure by the responsible person applicant to comply with the requirements in paragraph (i), clauses (1) to (3). In determining the amount of the reimbursement reduction, the board shall consider:

(1) the reasonable determination by the agency of the environmental impact of the noncompliance;

(2) whether the noncompliance was negligent, knowing, or willful;

(3) the deterrent effect of the award reduction on other tank owners and operators; and

(4) the amount of reimbursement reduction recommended by the commissioner.

(k) A person An applicant may assign the right to receive reimbursement to each lender who advanced funds to pay the costs of the corrective action or to each contractor or consultant who provided corrective action services. An assignment must be made by filing with the board a document, in a form prescribed by the board, indicating the identity of the responsible person applicant, the identity of the assignee, the dollar amount of the assignment, and the location of the corrective action. An assignment signed by the responsible person applicant is valid unless terminated by filing a termination with the board, in a form prescribed by the board, which must include the written concurrence of the assignee. The board shall maintain an index of assignments filed under this paragraph. The board shall pay the reimbursement to the responsible person applicant and to one or more assignees by a multiparty check. The board has no liability to a responsible person an applicant for a payment under an assignment meeting the requirements of this paragraph.

Subd. 3a. [ELIGIBILITY OF OTHER PERSONS.] Notwithstanding the provisions of subdivisions 1 to 3, the board shall provide full reimbursement to a person who has taken corrective action if the board or commissioner of commerce determines that A person who has taken corrective action may apply to the board for reimbursement under subdivision 3 if the board determines that:

(1) the person took the corrective action in response to a request or an order of the commissioner made under this chapter;

(2) the commissioner has determined that the person was not a responsible person under section 115C.02 as defined in this chapter; and

(3) the costs for which reimbursement is requested were actually incurred and were reasonable the board has determined the person was not a volunteer under subdivision 3b; and

(4) the person incurs reimbursable costs on or after June 4, 1987.

Notwithstanding subdivision 3, paragraph (a), a person eligible for reimbursement under this subdivision shall receive 100 percent of total reimbursable costs up to $1,000,000.

Subd. 3b. [VOLUNTEER ELIGIBILITY.] (a) Notwithstanding subdivisions 1 to 3, A person may apply to the board for partial reimbursement under subdivision 3 who if the board determines that:

(1) the person is not a responsible person under section 115C.02 as defined in this chapter;

(2) holds legal or equitable title to the property where a release occurred; and

(3) incurs reimbursable costs on or after May 23, 1989.

(b) A person eligible for reimbursement under this subdivision must, to the maximum extent possible, comply with the same conditions and requirements of reimbursement as those imposed by this section on a responsible person.

(c) The board may reduce the reimbursement to a person eligible under this subdivision if the person acquired legal or equitable title to the property from a responsible person who failed to comply with the provisions of subdivision 3, paragraph (i), except that the board may not reduce the reimbursement under this provision to a mortgagee who acquires title to the property through foreclosure or receipt of a deed in lieu of foreclosure.

Subd. 3c. [RELEASE AT REFINERIES AND TANK FACILITIES NOT ELIGIBLE FOR REIMBURSEMENT.] (a) Notwithstanding other provisions of subdivisions 1 to 3b, a Reimbursement may not be made under this section chapter for costs associated with a release:

(1) from a tank located at a petroleum refinery; or

(2) from a tank facility, including a pipeline terminal, with more than 1,000,000 gallons of total petroleum storage capacity at the tank facility.

(b) Paragraph (a), clause (2), does not apply to reimbursement for costs associated with a release from a tank facility:

(1) owned or operated by a person engaged in the business of mining iron ore or taconite;

(2) owned by a political subdivision, a housing and redevelopment authority, an economic development authority, or a port authority that acquired the tank facility prior to May 23, 1989; or

(3) owned by a person:

(i) who acquired the tank facility prior to May 23, 1989;

(ii) who did not use the tank facility for the bulk storage of petroleum; and

(iii) who is not affiliated with the party who used the tank facility for the bulk storage of petroleum.

Subd. 3d. [POLITICAL SUBDIVISION ELIGIBILITY.] (a) Notwithstanding the provisions of subdivisions 1 to 3, A political subdivision that has taken corrective action may apply to the board for partial reimbursement under subdivision 3 where the political subdivision if the board determines that:

(1) the political subdivision is not a responsible person under section 115C.02 as defined by this chapter; and

(2) is not a volunteer under subdivision 3b; and

(3) incurs reimbursable costs on or after April 8, 1992.

(b) A political subdivision eligible for reimbursement under this subdivision may only apply for reimbursement if the identified responsible person has failed to take a corrective action ordered by the commissioner.

(c) A political subdivision eligible for reimbursement under this subdivision must, to the maximum extent possible, comply with the same conditions and requirements of reimbursement as those imposed by this section on a responsible person.

Subd. 4. [REIMBURSEMENT DOES NOT AFFECT OTHER LIABILITY.] The right to apply for reimbursement and the receipt of reimbursement does not limit the liability of a responsible person for damages or costs incurred by a person or the state as a result of a release.

Subd. 5. [RETURN OF REIMBURSEMENT.] (a) The board may demand the complete or partial return of any reimbursement made under this section chapter if the applicant for reimbursement:

(1) misrepresents or omits a fact relevant to a determination made by the board or the commissioner under this section chapter;

(2) fails to complete corrective action that the commissioner determined at the time of the reimbursement to be necessary to adequately address the release, unless the reimbursement was made under subdivision 3a;

(3) fails to reimburse a person for agreed-to amounts for corrective actions taken in response to a request by the applicant; or

(4) has entered an agreement to settle or compromise any portion of the incurred costs, in which case the amount returned must be prorated in proportion to the amount of the settlement or compromise.

(b) If a reimbursement under this subdivision chapter is not returned upon demand by the board, the board may recover the reimbursement, with administrative and legal expenses, in a civil action in district court brought by the attorney general against the applicant. If the board's demand for return of the reimbursement is based on willful actions of the applicant, the applicant shall also forfeit and pay to the state a civil penalty, in an amount to be determined by the court, of not more than the full amount of the reimbursement.

Subd. 6. [FRAUD.] If a person, with intent to defraud, issues an invoice or other demand for payment with knowledge that it is false in whole or in part, and with knowledge that it is being submitted to the board for reimbursement:

(1) that person shall be considered to have presented a false claim to a public body under section 609.465; and

(2) the board may demand that the person return any money received as a result of a reimbursement made on the basis of the false invoice or other demand for payment. If the money is not returned upon demand by the board, the board may recover the money, with administrative and legal expenses, in a civil action in district court brought by the attorney general against the person. The person shall also forfeit and pay to the state a civil penalty, in an amount to be determined by the court, of not more than the full amount of the money received by the person on the basis of the false invoice or other demand for payment.

Subd. 7. [DUTY TO PROVIDE INFORMATION.] (a) A person who submits an application to the board for reimbursement, or who has issued invoices or other demands for payment which are the basis of an application, shall furnish to the board copies of any financial records which the board requests and which are relevant to determining the validity of the costs listed in the application, or shall make the financial records reasonably available to the board for inspection and auditing. The board may obtain access to information required to be made available under this subdivision chapter in the manner provided in section 115C.03, subdivision 7.

(b) After reimbursement has been granted, an agreement to settle or compromise any portion of the incurred costs must be reported to the board by the parties to the agreement.

Subd. 8. [LIMITATION ON REIMBURSEMENT OBLIGATION.] The amount of the state's obligation to make reimbursement under this chapter is limited to the amount available. Notwithstanding any other provisions of this chapter, there shall be no obligation to the general fund to make a reimbursement if there are not sufficient funds in the petroleum tank fund.

Subd. 9. [INSUFFICIENT FUNDS.] The board may not approve an application for reimbursement if there are insufficient funds available to pay the reimbursement.

Subd. 10. [DELEGATION OF BOARD'S POWERS.] The board may delegate to the commissioner of commerce its powers and duties under this section chapter.

Sec. 6. Minnesota Statutes 1995 Supplement, section 115C.092, subdivision 1, is amended to read:

Subdivision 1. [PREREMOVAL SITE ASSESSMENT; REIMBURSEMENT.] (a) Preremoval site assessment costs which are in compliance with the requirements of this chapter and with rules promulgated under this chapter shall be reimbursable under section 115C.09, subdivision 3. The applicant shall obtain written competitive proposals for the preremoval site assessment on a form prescribed by the board utilizing, as appropriate, tasks and costs established in rules promulgated under this chapter governing the initial site assessment.

(b) If contamination is found at the site, the board shall reimburse an applicant upon submission of the applicant's first application for reimbursement under section 115C.09, subdivision 2. If no contamination is found at the site, the board shall reimburse the applicant upon provision by the applicant of documentation that the tank or tanks have been removed from the site.

(c) Notwithstanding any provision in this subdivision to the contrary, the board shall not reimburse for a preremoval site assessment which is done for the purposes of facilitating a property transfer. The board shall presume that a preremoval site assessment is done for the purposes of facilitating a property transfer if the property is transferred within three months of incurring preremoval site assessment costs.

Sec. 7. Minnesota Statutes 1995 Supplement, section 115C.10, subdivision 1, is amended to read:

Subdivision 1. [PAYMENT FROM FUND; SUBROGATION; APPROPRIATION.] (a) If the cost of authorized actions under section 115C.03 exceeds the amount appropriated to the agency for the actions and amounts awarded to the agency from the federal government, the agency may apply to the board for money to pay for the actions from the fund. The board shall pay the agency the cost of the proposed actions under section 115C.03 if the board finds that the conditions for the agency to be paid from the fund have been met, and that an adequate amount exists in the fund to pay for the corrective action. If the board pays the agency for the cost of authorized actions for which a responsible person has petroleum tank leakage or spill there is insurance coverage, the board is subrogated to the agency's rights with respect to the responsible person and the responsible person's insurer insurance, to the extent of the board's payment of costs for which the responsible person has insurance coverage exists, subject to the limitations on an agency cost recovery action set forth in section 115C.04, subdivision 3. The board may request the attorney general to bring an action in district court against the responsible person or that person's, the applicant, or the insurer to enforce the board's subrogation rights. Acceptance of a payment from the board by the agency constitutes an assignment to the board of the subrogation rights specified in this subdivision.

(b) Money in the fund is appropriated to the board for the purpose of this subdivision.

Sec. 8. Minnesota Statutes 1995 Supplement, section 115C.11, subdivision 1, is amended to read:

Subdivision 1. [REGISTRATION.] (a) All consultants and contractors who perform corrective action services must register with the board. In order to register, consultants must meet and demonstrate compliance with the following criteria:

(1) provide a signed statement to the board verifying agreement to abide by this chapter and the rules adopted under it and to include a signed statement with each claim that all costs claimed by the consultant are a true and accurate account of services performed;

(2) provide a signed statement that the consultant shall make available for inspection any records requested by the board for field or financial audits under the scope of this chapter;

(3) certify knowledge of the requirements of this chapter and the rules adopted under it;

(4) obtain and maintain professional liability coverage, including pollution impairment liability; and

(5) agree to submit to the board a certificate or certificates verifying the existence of the required insurance coverage.

(b) The board must maintain a list of all registered consultants and a list of all registered contractors.

(c) All corrective action services must be performed by registered consultants and contractors.

(d) Reimbursement for corrective action services performed by an unregistered consultant or contractor is subject to reduction under section 115C.09, subdivision 3, paragraph (i).

(e) Corrective action services performed by a consultant or contractor prior to being removed from the registration list may be reimbursed without reduction by the board.

(f) If the information in an application for registration becomes inaccurate or incomplete in any material respect, the registered consultant or contractor must promptly file a corrected application with the board.

(g) Registration is effective on the date 30 days after a complete application is received by the board. The board may reimburse without reduction the cost of work performed by an unregistered contractor if the contractor performed the work within 30 60 days of the effective date of registration.

(h) Registration under this section remains in force until voluntarily terminated by the registrant, or until suspended or revoked by the commissioner of commerce. All registrants must comply with registration criteria under this section.

Sec. 9. [115C.111] [CONSULTANT AND CONTRACTOR SANCTIONS; ACTIONS BASED ON CONDUCT OCCURRING BEFORE EFFECTIVE DATE OF SECTION.]

Subdivision 1. [APPLICATION.] This section applies to administrative actions based on conduct that occurred before the effective date of this section.

Subd. 2. [AUTHORITY.] The commissioner of commerce may by order censure, suspend, or revoke a registrant and require payment of all costs of proceedings resulting in an action instituted under this subdivision and impose a civil penalty of not more than $10,000 if the commissioner of commerce finds: (i) that the order is in the public interest; and (ii) that the registrant or, in the case of a registrant that is not a natural person, any partner, officer, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the registrant:

(1) has engaged in conduct that departs from or fails to conform to the minimal standards of acceptable and prevailing engineering, hydrogeological, or other technical practices within the reasonable control of the consultant or contractor;

(2) has participated in a kickback scheme prohibited under section 115C.045;

(3) has engaged in conduct likely to deceive or defraud, or demonstrated a willful or careless disregard for public health or the environment;

(4) has committed fraud, embezzlement, theft, forgery, bribery, falsified or destroyed records, made false statements, received stolen property, made false claims, or obstructed justice;

(5) is the subject of an order revoking, suspending, restricting, limiting, or imposing other disciplinary action against the contractor's or consultant's license or certification in another state or jurisdiction; or

(6) if the person is a consultant, has failed to comply with any of the ongoing obligations for registration as a consultant in section 115C.11, subdivision 1.

Subd. 3. [AMOUNT OF CIVIL PENALTY.] The civil penalty that may be imposed under subdivision 2 shall be in an amount that the commissioner of commerce determines will deprive the consultant or contractor of any economic advantage gained by reason of the consultant's or contractor's conduct or to reimburse the board for the cost of the investigation and proceeding.

Sec. 10. [115C.112] [CONSULTANT AND CONTRACTOR SANCTIONS; ACTIONS BASED ON CONDUCT OCCURRING ON AND AFTER EFFECTIVE DATE OF SECTION.]

The commissioner of commerce may by order deny a registration, censure, suspend, or revoke a registrant and require payment of all costs of proceedings resulting in an action instituted under this section and impose a civil penalty of not more than $10,000 if the commissioner of commerce finds: (i) that the order is in the public interest; and (ii) that the registrant or, in the case of a registrant that is not a natural person, any partner, officer, or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the registrant:

(1) has engaged in conduct that departs from or fails to conform to the minimal standards of acceptable and prevailing engineering, hydrogeological, or other technical practices within the reasonable control of the consultant or contractor;

(2) has participated in a kickback scheme prohibited under section 115C.045;

(3) has engaged in conduct likely to deceive or defraud, or demonstrating a willful or careless disregard for public health or the environment;

(4) has committed fraud, embezzlement, theft, forgery, bribery, falsified or destroyed records, made false statements, received stolen property, made false claims, or obstructed justice;

(5) is the subject of an order revoking, suspending, restricting, limiting, or imposing other disciplinary action against the contractor's or consultant's license or certification in another state or jurisdiction;

(6) if the person is a consultant, has failed to comply with any of the ongoing obligations for registration as a consultant in section 115C.11, subdivision 1;

(7) has failed to comply with any provision or any rule or order under this chapter or chapter 45;

(8) has engaged in anticompetitive activity;

(9) has performed corrective action without having an accurate and complete registration on file with the board or has allowed another to perform corrective action when that party does not have a complete registration on file with the board;

(10) has been shown to be incompetent, untrustworthy, or financially irresponsible; or

(11) has made or assisted another in making any material misrepresentation or omission to the board, commissioner, commissioner of commerce, or upon reasonable request has withheld or concealed information from, or refused to furnish information to, the board, commissioner, or commissioner of commerce.

Sec. 11. [115C.113] [ORDERS.]

The commissioner of commerce may issue an order requiring a registrant or applicant for registration to show cause why the registration should not be revoked or suspended, the registrant censured, the application denied, or other sanction imposed under section 115C.111 or 115C.112. The order must be calculated to give reasonable notice of the time and place for hearing on the matter, and must state the reasons for the entry of the order. The commissioner of commerce may by order summarily suspend a registration pending final determination of an order to show cause. A hearing on the merits must be held within 30 days of the issuance of the order of summary suspension. All hearings must be conducted under chapter 14. After the hearing, the commissioner of commerce shall enter an order disposing of the matter as the facts require. If the registrant or applicant for registration fails to appear at a hearing after having been duly notified of it, the person shall be considered in default, and the proceeding may be determined against the registrant or applicant for registration upon consideration of the order to show cause, the allegations of which may be considered to be true.

Sec. 12. Minnesota Statutes 1995 Supplement, section 115C.12, is amended to read:

115C.12 [APPEAL OF REIMBURSEMENT DETERMINATION.]

Subdivision 1. [APPEAL FROM DETERMINATION OF COMMISSIONER OF COMMERCE.] An applicant for reimbursement may appeal to the board a reimbursement determination made by the commissioner of commerce under authority delegated by the board according to section 115C.09, subdivision 10, by submitting a written notice setting forth the specific basis for the appeal. The commissioner of commerce shall send written notification of the reimbursement determination by first class United States mail to the applicant for reimbursement at the applicant's last known address. The applicant for reimbursement must file written notice with the board of an appeal of a reimbursement determination made by the commissioner of commerce within 60 days of the date that the commissioner of commerce sends written notice to the applicant of the reimbursement determination. The board shall consider the appeal within 90 days of receipt of the written notice of appeal by the applicant for reimbursement. The written notice must set forth the specific basis for the appeal.

Subd. 2. [APPEAL FROM DECISION OF THE BOARD.] (a) An applicant for reimbursement may appeal a reimbursement determination of the board as a contested case under chapter 14. An applicant for reimbursement must provide written notification to the board of a request for a contested case, setting forth the specific basis for the appeal, within 30 days of the date that the board makes a reimbursement determination.

(b) This subdivision applies to reimbursement determinations made by the board as a result of an appeal to the board under subdivision 1 and reimbursement determinations made by the board when the board has not delegated its authority to make reimbursement determinations.

(c) An appeal of a reimbursement determination may only be made by an applicant as defined by this chapter.

Subd. 3. [CONTESTED CASE; FINAL DECISION.] The final decision in a contested case requested by an applicant under subdivision 2 shall be made by the commissioner of commerce.

Sec. 13. [REPEALER.]

Minnesota Statutes 1994, section 115C.11, subdivisions 3 and 4; Minnesota Statutes 1995 Supplement, section 115C.11, subdivision 2, are repealed.

Sec. 14. [EFFECTIVE DATES.]

Sections 1 to 7 and 12 are effective the day after final enactment and apply to applications for reimbursement pending on or filed on or after that date. Section 8 is effective the day after final enactment and applies to all current and future registrants. Sections 9 to 11 are effective the day after final enactment and apply to disciplinary actions pending on or commenced on or after that date. Section 13 is effective the day following final enactment."

Amend the title as follows:

Page 1, line 6, delete "subdivision 8, and"

With the recommendation that when so amended the bill pass.

The report was adopted.

Long from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2420, A bill for an act relating to the city of Duluth; authorizing the city to establish a program to prevent the inflow and infiltration of storm water into the city's sanitary sewer system; authorizing the city to make loans and grants to property owners in connection with the program; providing for financing of the program.

Reported the same back with the following amendments:

Page 1, line 11, after "Duluth" insert ", the city of Proctor, the city of Cloquet, the city of Hermantown, the city of Scanlon, the city of Carlton, or the city of Thompson"

Page 2, delete lines 12 to 14 and insert:

"Section 1 is effective for each of the cities named in section 1, subdivision 1, the day after the governing body of the respective city complies with Minnesota Statutes, section 645.021, subdivision 3."

Delete the title and insert:

"A bill for an act relating to cities; authorizing the cities of Duluth, Proctor, Cloquet, Hermantown, Scanlon, and Thompson to establish a program to prevent the inflow and infiltration of storm water into each city's sanitary sewer system; authorizing each city to make loans and grants to property owners in connection with the program; providing for financing of the program."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

Long from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2424, A bill for an act relating to the city of Duluth; authorizing the establishment of special service districts.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

Long from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2458, A bill for an act relating to local government; providing for self executing special service district procedures in cities; amending Minnesota Statutes 1994, sections 428A.01, subdivisions 2 and 3; and 428A.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 428A.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

Long from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2503, A bill for an act relating to metropolitan government; providing for local zoning conformity in certain cases; amending Minnesota Statutes 1994, section 462.357, subdivision 2.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Long from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2532, A bill for an act relating to the Minneapolis park and recreation board; providing for the appointment of various employees; amending Laws 1969, chapter 1024, section 1, as amended.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

H. F. Nos. 227, 1926, 2008, 2042, 2119, 2233, 2236, 2391, 2503 and 2532 were read for the second time.

S. F. No. 1846 was read for the second time.

The following House Files were introduced:

Knoblach, Dorn and Kahn introduced:

H. F. No. 2721, A bill for an act relating to gambling; directing the governor to take steps to initiate discussions with Indian tribal governments on gambling issues; specifying certain items to be included in discussions; requiring a report to the legislature.

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

Knoblach, Dorn and Kahn introduced:

H. F. No. 2722, A bill for an act relating to tribal-state relations; directing the governor to take steps to initiate discussions with Indian tribal governments on items of mutual interest to the parties; requiring a report to the legislature.

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

Trimble introduced:

H. F. No. 2723, A bill for an act relating to utilities; requiring correction of fee for storage of high-level radioactive waste or spent nuclear fuel; limiting amount spent on contracts for telecommunication relay systems; providing for development of midwest regulatory agreement regarding utilities; requiring investigation and legislative report on utility rate unbundling; amending Laws 1995, chapter 254, article 1, section 93; proposing coding for new law in Minnesota Statutes, chapter 116C.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Ness introduced:

H. F. No. 2724, A bill for an act relating to education; providing for a teacher licensure variance for experimental learning programs; amending Minnesota Statutes 1994, section 125.185, subdivision 10.

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

Clark, Trimble, Skoglund and Rhodes introduced:

H. F. No. 2725, A bill for an act relating to sustainable economic development; establishing a model strategy to encourage business development in ways that prevent pollution and maximize energy efficiency; authorizing a grant to the city of Minneapolis for an ecological industrial park facility; authorizing the issuance of state bonds; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

The bill was read for the first time and referred to the Committee on International Trade and Economic Development.

Ness and Carlson, L., introduced:

H. F. No. 2726, A bill for an act relating to education; expanding use of instructional transformation through technology grants; amending Laws 1995, First Special Session chapter 3, article 12, section 8, subdivision 1.

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

Entenza and Johnson, A., introduced:

H. F. No. 2727, A bill for an act relating to education; changing definition of base year for special education revenue; amending Minnesota Statutes 1995 Supplement, section 124.3201, subdivision 1.

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

Mahon, Wenzel and Cooper introduced:

H. F. No. 2728, A bill for an act relating to labor; protecting interests of employees following railroad acquisitions; imposing a penalty; amending Minnesota Statutes 1994, sections 222.86, subdivision 3; 222.87, subdivision 3, and by adding subdivisions; and 222.88.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Cooper introduced:

H. F. No. 2729, A bill for an act relating to human services; changing nursing facility reimbursements.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Cooper, Broecker, Frerichs and Bradley introduced:

H. F. No. 2730, A bill for an act relating to public safety; establishing process to encourage telecommuting.

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

Dawkins introduced:

H. F. No. 2731, A bill for an act relating to military affairs; capital improvements; authorizing the issuance of state bonds; appropriating money.

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

Hasskamp and Kinkel introduced:

H. F. No. 2732, A bill for an act relating to education; eliminating a local property tax levy in a school district for a nonresident pupil attending the district under an alternative attendance program; amending Minnesota Statutes 1995 Supplement, section 124A.24.

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

Osskopp, Knight, Hackbarth and Rukavina introduced:

H. F. No. 2733, A bill for an act relating to property taxes; providing for a property tax freeze for homeowners aged 65 or older; amending Minnesota Statutes 1994, section 276.04, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 124.214, subdivision 2; 275.065, subdivision 3; 275.08, subdivision 1b; and 276.04, subdivision 2.

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

Rukavina; Opatz; Tomassoni; Olson, M., and Anderson, I., introduced:

H. F. No. 2734, A bill for an act relating to corrections; prohibiting the commissioner of corrections from paying for college education for certain inmates convicted of murder; proposing coding for new law in Minnesota Statutes, chapter 241.

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

Rukavina, Wagenius, Perlt and Solberg introduced:

H. F. No. 2735, A bill for an act relating to labor relations; modifying provisions regarding mandatory arbitration for charitable hospital employers and employees; amending Minnesota Statutes 1994, section 179.38.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Wejcman and Hausman introduced:

H. F. No. 2736, A bill for an act relating to human services; striking a rider related to foster care; amending Laws 1995, chapter 207, article 1, section 2, subdivision 4.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Lourey, Rice and Vickerman introduced:

H. F. No. 2737, A bill for an act relating to vocational rehabilitation; authorizing additional funding for employment support services for persons with mental illness; appropriating money.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Hasskamp introduced:

H. F. No. 2738, A bill for an act relating to state lands; authorizing public sale of one tax-forfeited lot that borders public water in Crow Wing county.

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

Marko, Cooper, Schumacher, Daggett and Kalis introduced:

H. F. No. 2739, A bill for an act relating to highways; providing for hearings related to toll facilities; amending Minnesota Statutes 1994, section 160.85, by adding a subdivision.

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

Macklin, Pugh, Weaver, Carruthers and Swenson, D., introduced:

H. F. No. 2740, A bill for an act relating to civil actions; modifying and expanding provisions for sanctions in civil actions; amending Minnesota Statutes 1994, sections 336.2A-108; 566.25; 570.041, subdivision 1; 571.932, subdivision 6; and 609.5314, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 549; repealing Minnesota Statutes 1994, section 549.21.

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

Luther, Carruthers, Haas, Lindner and Stanek introduced:

H. F. No. 2741, A bill for an act relating to education; allowing independent school district No. 279, Osseo, to levy a tax to provide instructional services for at-risk children.

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

Luther, Carruthers, Haas, Lindner and Stanek introduced:

H. F. No. 2742, A bill for an act relating to education; increasing funding for the low-income concentration grant program; appropriating money; amending Laws 1995, First Special Session chapter 3, article 15, section 26, subdivision 10.

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

Lourey introduced:

H. F. No. 2743, A bill for an act relating to health; exempting certain community integrated service networks from providing the standard health maintenance organization benefit set; amending Minnesota Statutes 1994, section 62N.25, subdivision 5.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Kelso, Mares, Schumacher, Koppendrayer and Bertram introduced:

H. F. No. 2744, A bill for an act relating to education; providing for expanded charter school law; providing for expanded interdistrict open enrollment; amending Minnesota Statutes 1994, section 120.062, subdivisions 3, 6, 7, and 11; Minnesota Statutes 1995 Supplement, sections 120.064, subdivisions 3, 4, 4a, 5, and 8; and 124.248, subdivisions 1, 1a, 2, 4, and by adding subdivisions.

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

Kelso, Molnau and Macklin introduced:

H. F. No. 2745, A bill for an act relating to education; authorizing school districts to enter into agreements for building needs for up to five years at a time; amending Minnesota Statutes 1994, section 123.35, subdivision 19a.

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

Otremba, Peterson, Daggett, Finseth and Brown introduced:

H. F. No. 2746, A bill for an act relating to agriculture; providing a grant for expanded research on potato blight; appropriating money.

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

Hasskamp, Murphy, Solberg, Davids and Long introduced:

H. F. No. 2747, A bill for an act relating to marriage; requiring the marriage license application to indicate that the parties are of legal age; amending Minnesota Statutes 1994, section 517.08, subdivision 1a.

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

Davids introduced:

H. F. No. 2748, A bill for an act relating to the town of Elmira; authorizing the establishment of a detached banking facility.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Weaver; Bettermann; Sykora; Carlson, S., and Broecker introduced:

H. F. No. 2749, A bill for an act proposing an amendment to the Minnesota Constitution, adding a section to article XI; providing that there is no constitutional right to a state-funded abortion.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Mulder introduced:

H. F. No. 2750, A bill for an act relating to taxation; aggregate removal; providing for imposition of the tax in Rock county; amending Minnesota Statutes 1994, section 298.75, subdivision 1.

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

Mulder, McElroy, Mares, Molnau and Girard introduced:

H. F. No. 2751, A bill for an act proposing an amendment to the Minnesota Constitution adding a section to article XI; providing that there is no constitutional right to a state-funded abortion.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Luther, Dawkins, Pugh, McElroy and Entenza introduced:

H. F. No. 2752, A bill for an act relating to consumer protection; providing for the licensing and regulation of pawnbrokers; providing penalties; amending Minnesota Statutes 1994, sections 471.924, subdivision 1; 471.925; and 471.927; proposing coding for new law as Minnesota Statutes, chapter 325J; repealing Minnesota Statutes 1994, section 609.81.

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

Greenfield introduced:

H. F. No. 2753, A bill for an act relating to medical assistance; limiting the burial expense exclusion to $5,000; prohibiting certain asset transfers within 60 months of application for assistance; establishing a penalty period that begins with the month of application; requiring approval of the commissioner of human services for certain hardship waivers; prohibiting certain asset transfers prior to 60 months before application; amending Minnesota Statutes 1994, sections 149.11; 256B.056, subdivision 3; 256B.0595, by adding subdivisions; 524.2-403; and 524.3-801; Minnesota Statutes 1995 Supplement, section 256B.0595, subdivisions 3 and 4; repealing Minnesota Statutes 1995 Supplement, section 256B.15, subdivision 5.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Kraus, Bettermann, Van Dellen, Paulsen and Commers introduced:

H. F. No. 2754, A bill for an act relating to elections; requiring years of prior service to be printed on ballots next to names of certain incumbents; amending Minnesota Statutes 1994, section 204B.36, by adding a subdivision.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Bradley; Mulder; Anderson, R.; Hasskamp and Van Dellen introduced:

H. F. No. 2755, A bill for an act relating to health; providing cost containment goals for health care; amending Minnesota Statutes 1994, section 62J.04, subdivision 1; Minnesota Statutes 1995 Supplement, section 62J.04, subdivisions 1a and 3; repealing Minnesota Statutes 1995 Supplement, sections 62J.041, subdivision 7; and 62J.042, subdivision 4.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Orenstein introduced:

H. F. No. 2756, A bill for an act relating to capital improvements; authorizing the sale of state bonds; appropriating money to design, construct, furnish, and equip a science museum in St. Paul.

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

Rest; Anderson, I.; Sviggum; Weaver and Long introduced:

H. F. No. 2757, A bill for an act relating to metropolitan government; authorizing the metropolitan airports commission to issue revenue bonds; amending Minnesota Statutes 1994, section 473.608, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Orenstein, Dawkins, Trimble, McCollum and Brown introduced:

H. F. No. 2758, A bill for an act relating to agencies; providing for the right to extend a deadline with certain conditions; amending Minnesota Statutes 1995 Supplement, section 15.99, subdivision 3.

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

Opatz, Schumacher, Otremba, Leighton and Kelso introduced:

H. F. No. 2759, A bill for an act proposing an amendment to the Minnesota Constitution, article VIII, section 5; providing for recall of elected state officers.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Wejcman, Clark, McCollum and Johnson, A., introduced:

H. F. No. 2760, A bill for an act relating to children; providing for standby guardians in certain cases; proposing coding for new law in Minnesota Statutes, chapter 525.

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

Weaver introduced:

H. F. No. 2761, A bill for an act relating to children; providing for greater finality of certain adoptions; creating more flexibility in the adoption process; amending Minnesota Statutes 1994, sections 257.57, by adding a subdivision; 259.22, subdivision 2; 259.24, subdivision 6a; 259.49, by adding a subdivision; and 259.57, by adding subdivisions.

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

Carruthers, Skoglund, Pugh and Luther introduced:

H. F. No. 2762, A bill for an act relating to crime prevention; creating a grant program to provide funding to various local law enforcement agencies for the hiring of new law enforcement officers to investigate juvenile crime; requiring the commissioner of public safety to administer the grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299A.

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

Murphy and Huntley introduced:

H. F. No. 2763, A bill for an act relating to capital improvements; appropriating money for a grant to the Western Lake Superior sanitary district for extension of a sewer interceptor to serve certain unsewered areas of St. Louis county; authorizing the sale of state bonds.

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

Lindner, Paulsen, Larsen, Knoblach and Weaver introduced:

H. F. No. 2764, A bill for an act relating to health; establishing a framework for restructuring the delivery of health care under the state health care programs; changing the amount that can be placed in an irrevocable funeral or burial trust account; modifying county agency duties under the MinnesotaCare program; requiring income and asset verification for MinnesotaCare recipients; modifying eligibility and asset transfer requirements under the medical assistance program; requiring copayments for medical assistance recipients; modifying covered services under the medical assistance and general assistance medical care programs; permitting an income tax adjustment for long-term care insurance; modifying requirements for nursing facilities; modifying the nursing facility reimbursement system; establishing an advisory committee on nursing facility reimbursement and regulation; requiring various studies; amending Minnesota Statutes 1994, sections 144A.10, subdivision 2; 149.11; 256.9352, by adding a subdivision; 256.9355, subdivisions 1 and 4; 256B.056, subdivisions 1, 1a, and 3; 256B.057, subdivisions 1, 2, and by adding a subdivision; 256B.0625, subdivision 9; 518.145, subdivision 2; Minnesota Statutes 1995 Supplement, sections 144.057, subdivision 2, and by adding a subdivision; 256.9355, subdivision 2; 256B.0595, subdivisions 1 and 2; 256B.431, subdivision 2j; 256B.434, subdivision 17, and by adding a subdivision; 256D.03, subdivisions 3 and 4; and 290.01, subdivision 19b; proposing coding for new law in Minnesota Statutes, chapters 256; and 256B; repealing Minnesota Statutes 1994, sections 256B.057, subdivisions 1a and 2a; 256B.41; 256B.411; 256B.421; 256B.431, subdivisions 1, 2, 2a, 2c, 2d, 2e, 2f, 2g, 2h, 2i, 2k, 2l, 2m, 2n, 2o, 2p, 2q, 2r, 3, 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 4, 5, 7, 8, 9, 9a, 10, 11, 12, 13, 14, 16, 18, 19, 20, 21, 22, and 24; 256B.432, subdivisions 4, 7, and 8; 256B.433; 256B.47; and 256B.48; Minnesota Statutes 1995 Supplement, sections 256.9366; 256.9367; 256.9368; 256.9369; 256B.055, subdivision 10a; 256B.057, subdivisions 1b and 2b; 256B.0625, subdivision 13b; 256B.0645; 256B.431, subdivisions 2b, 2j, 15, 17, 23, and 25; and 256B.432, subdivisions 1, 2, 3, 5, and 6.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Gunther, Mulder, Sykora, Molnau and Harder introduced:

H. F. No. 2765, A bill for an act relating to health; establishing a framework for restructuring the delivery of health care under the state health care programs; changing the amount that can be placed in an irrevocable funeral or burial trust account; modifying county agency duties under the MinnesotaCare program; requiring income and asset verification for MinnesotaCare recipients; modifying eligibility and asset transfer requirements under the medical assistance program; requiring copayments for medical assistance recipients; modifying covered services under the medical assistance and general assistance medical care programs; permitting an income tax adjustment for long-term care insurance; modifying requirements for nursing facilities; modifying the nursing facility reimbursement system; establishing an advisory committee on nursing facility reimbursement and regulation; requiring various studies; amending Minnesota Statutes 1994, sections 144A.10, subdivision 2; 149.11; 256.9352, by adding a subdivision; 256.9355, subdivisions 1 and 4; 256B.056, subdivisions 1, 1a, and 3; 256B.057, subdivisions 1, 2, and by adding a subdivision; 256B.0625, subdivision 9; 518.145, subdivision 2; Minnesota Statutes 1995 Supplement, sections 144.057, subdivision 2, and by adding a subdivision; 256.9355, subdivision 2; 256B.0595, subdivisions 1 and 2; 256B.431, subdivision 2j; 256B.434, subdivision 17, and by adding a subdivision; 256D.03, subdivisions 3 and 4; and 290.01,

subdivision 19b; proposing coding for new law in Minnesota Statutes, chapters 256; and 256B; repealing Minnesota Statutes 1994, sections 256B.057, subdivisions 1a and 2a; 256B.41; 256B.411; 256B.421; 256B.431, subdivisions 1, 2, 2a, 2c, 2d, 2e, 2f, 2g, 2h, 2i, 2k, 2l, 2m, 2n, 2o, 2p, 2q, 2r, 3, 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 4, 5, 7, 8, 9, 9a, 10, 11, 12, 13, 14, 16, 18, 19, 20, 21, 22, and 24; 256B.432, subdivisions 4, 7, and 8; 256B.433; 256B.47; and 256B.48; Minnesota Statutes 1995 Supplement, sections 256.9366; 256.9367; 256.9368; 256.9369; 256B.055, subdivision 10a; 256B.057, subdivisions 1b and 2b; 256B.0625, subdivision 13b; 256B.0645; 256B.431, subdivisions 2b, 2j, 15, 17, 23, and 25; and 256B.432, subdivisions 1, 2, 3, 5, and 6.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Dawkins, Rhodes and Abrams introduced:

H. F. No. 2766, A bill for an act relating to taxation; providing an income tax credit for contributions to neighborhood assistance programs; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Dawkins, Mariani and Hausman introduced:

H. F. No. 2767, A bill for an act relating to taxation; providing that cities presenting claims for libraries may be claimants under the revenue recapture act; amending Minnesota Statutes 1994, section 270A.03, subdivision 2.

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

Greiling and McGuire introduced:

H. F. No. 2768, A bill for an act relating to state facilities; limiting fees charged state employees for parking facilities in certain circumstances; amending Minnesota Statutes 1994, section 16B.58, subdivision 8.

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

Larsen introduced:

H. F. No. 2769, A bill for an act relating to gambling; proposing an amendment to the Minnesota Constitution to authorize casino gaming conducted at a single land-based gaming establishment operated by a nonprofit organization; dedicating the net revenues of casino gaming to statewide property tax relief; regulating the establishment and operation of this gaming establishment; providing appointments; amending Minnesota Statutes 1994, sections 541.20; 541.21; and 609.761, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 349C.

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

Larsen, Broecker, Molnau, Hackbarth and Holsten introduced:

H. F. No. 2770, A bill for an act relating to metropolitan government; abolishing the metropolitan council, the metropolitan parks and open space commission, the metropolitan sports facilities commission, the metropolitan radio board, and the metropolitan mosquito control district; assigning planning and research duties to the office of strategic and long-range planning; transferring regional transit financing and operations to the commissioner of transportation; establishing the metropolitan wastewater control commission; transferring ownership and operation of metropolitan sports facilities to the city of Minneapolis, or in the alternative to the Minnesota amateur sports commission; transferring the powers and duties of the metropolitan radio board to the commissioner of transportation; transferring the housing bond credit enhancement program to the housing finance agency; amending Minnesota Statutes 1994, sections 3.9741, subdivision 1; 4A.02; 6.76; 10A.01, subdivisions 18, 26, 27, and 29; 13.55, subdivision 1; 15.0597, subdivision 1; 15.0599, subdivision 1; 16B.122, subdivision 1; 65B.43, subdivision 20; 85.015, subdivision 14; 85.017; 103D.401, subdivisions 3, 4, and 5; 103D.405, subdivisions 3, 4, 5, and 6; 103F.715; 103F.721; 103F.761, subdivision 1; 103G.293; 115.54; 115A.08, subdivisions 5 and 6; 115A.09, subdivision 3; 115A.21, subdivisions 2 and 2a; 115A.52;

116.16, subdivision 2; 116.182, subdivision 1; 116D.04, subdivision 1a; 116G.03, subdivision 5; 116J.401; 116M.14, subdivision 4; 116M.15, subdivision 1; 117.57, subdivision 3; 145A.02, subdivision 16; 145A.09, subdivision 6; 160.265, subdivision 1; 161.17, subdivision 2; 161.171, subdivision 5; 161.173; 161.174; 169.781, subdivision 1; 169.791, subdivision 5; 169.792, subdivision 11; 174.03, subdivisions 4 and 5; 174.031, subdivision 3; 174.04, subdivisions 1 and 2; 174.32, subdivision 2; 174.50, subdivision 4; 216C.15, subdivision 1; 221.022; 221.025; 221.031, subdivision 3a; 221.041, subdivision 4; 221.071, subdivision 1; 221.295; 240.06, subdivision 2; 270.12, subdivision 3; 273.1398, by adding a subdivision; 275.065, subdivision 5a; 340A.404, subdivision 1; 340A.504, subdivision 1; 352.03, subdivision 1; 352.04, subdivision 6; 353.64, subdivision 7a; 414.02, subdivision 3; 414.031, subdivision 4; 414.0325, subdivision 3; 422A.01, subdivision 9; 422A.101, subdivision 2a; 462.382; 462A.04, subdivision 1; 462A.07, subdivision 11; 462C.04, subdivision 4; 462C.071, subdivision 4; 465.795, subdivision 3; 465.797, subdivision 3; 465.82, subdivision 1; 465.83; 471.425, subdivision 1; 471.591, subdivision 1; 473.121, subdivisions 2, 5a, 6, 8, 10, 14, 24, and by adding a subdivision; 473.123, subdivisions 1, 2a, 3, 3a, 3c, 4, and by adding subdivisions; 473.129, subdivisions 1, 3, 8, and 9; 473.142; 473.1425; 473.143; 473.144; 473.145; 473.146, subdivision 3; 473.147; 473.156, subdivision 1; 473.157; 473.165; 473.167, subdivisions 1 and 2a; 473.168, subdivision 2; 473.171; 473.173; 473.175; 473.181; 473.191; 473.192, subdivisions 2 and 3; 473.197; 473.223; 473.23, as amended; 473.241; 473.242; 473.243; 473.244, subdivision 1; 473.245; 473.301, subdivisions 2 and 4; 473.313; 473.315, subdivision 1; 473.334, subdivision 1; 473.341; 473.351; 473.375, subdivisions 11, 12, 14, and 15; 473.382; 473.384; 473.385, subdivision 1; 473.386, subdivisions 2a, 3, 4, and 6; 473.387, subdivisions 2, 3, and 4; 473.392; 473.399; 473.3994, subdivisions 4, 5, 7, 8, 9, 10, 12, and 13; 473.3997; 473.405, subdivisions 3, 4, 5, 9, 10, and 15; 473.4051; 473.407, subdivisions 1, 3, 4, and 5; 473.408, subdivisions 1, 2a, 4, 6, and 7; 473.409; 473.416; 473.418; 473.42; 473.511; 473.512, subdivision 1; 473.513; 473.515; 473.5155, subdivision 1; 473.516, as amended; 473.517, subdivisions 1, 2, 3, 6, and 9; 473.519; 473.523; 473.535; 473.541; 473.542; 473.543; 473.545; 473.547; 473.549; 473.551, subdivisions 4, 5, 8, 9, and 12; 473.556, subdivisions 4, 5, 6, 11, 12, 14, and 17; 473.561; 473.564, subdivision 2; 473.572, subdivision 2; 473.592; 473.595, as amended; 473.601, by adding a subdivision; 473.602; 473.604, subdivision 1; 473.608, subdivision 19; 473.611; 473.621, subdivision 6; 473.636; 473.637; 473.638; 473.639; 473.64; 473.655; 473.667, subdivision 8; 473.852, subdivisions 2, 10, and by adding a subdivision; 473.853; 473.854; 473.856; 473.857; 473.858, as amended; 473.863, subdivision 4; 473.864, as amended; 473.865, subdivision 1; 473.866; 473.867, subdivisions 1, 2, 3, and 5; 473.868, subdivision 3; 473.869; 473.871; 473F.02, subdivisions 7 and 8; 473F.13; 473H.04, subdivision 3; 473H.06, subdivisions 1 and 5; 473H.08, subdivision 4; 477A.011, subdivision 3; Minnesota Statutes 1995 Supplement, sections 15.50, subdivision 2; 16B.122, subdivision 3; 16B.42, subdivision 1; 47.52; 85.016; 103B.231, subdivisions 3a, 7, 8, and 11; 103B.235, subdivisions 3 and 3a; 103B.255, subdivisions 8, 9, and 12; 103D.401, subdivisions 1 and 2; 115.741, subdivision 2; 115A.471; 116G.15; 116J.402; 121.1601, subdivision 1; 134.201, subdivision 5; 162.09, subdivision 4; 240A.08; 275.065, subdivision 3; 275.066; 275.14; 275.62, subdivision 3; 352.01, subdivisions 2a and 2b; 352D.02, subdivision 1; 403.07, subdivision 1; 462C.04, subdivisions 2 and 3; 462C.071, subdivision 2; 465.798; 465.799; 465.801; 473.146, subdivision 1; 473.149, subdivision 3; 473.151; 473.167, subdivision 2; 473.375, subdivisions 9 and 13; 473.385, subdivision 2; 473.386, subdivisions 1, 2, and 5; 473.391; 473.3915, subdivisions 3 and 4; 473.405, subdivisions 1 and 12; 473.408, subdivisions 2 and 2b; 473.411, subdivision 5; 473.415, subdivision 1; 473.448; 473.449; 473.504, subdivisions 4, 5, 6, 9, 10, 11, 12, and by adding subdivisions; 473.505; 473.521; 473.8011; 473.834, subdivision 2; 473.867, subdivision 6; 473.891, subdivisions 2 and 7; 473.894, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 21, 22, 23, and 24; 473.897, subdivisions 1, 2, and 4; 473.901, subdivisions 2 and 3; 473.902, subdivisions 1, 2, 3, 4, and 5; 473.904, subdivisions 1, 3, and 4; 473.905, subdivision 2; 473F.08, subdivisions 5 and 7a; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 1994, sections 115A.03, subdivision 19; 174.22, subdivision 3; 403.07, subdivision 2; 473.121, subdivisions 3 and 12; 473.123, subdivisions 7 and 8; 473.125; 473.127; 473.129, subdivisions 2, 4, 5, 6, and 7; 473.13, subdivisions 1a, 3, and 4; 473.132; 473.146, subdivision 4; 473.155; 473.1551; 473.1623; 473.164, subdivisions 1 and 2; 473.167, subdivisions 4 and 5; 473.194; 473.195, subdivisions 2, 3, and 4; 473.199; 473.201; 473.204; 473.206; 473.208; 473.244, subdivision 6; 473.247; 473.249; 473.302; 473.303; 473.315, subdivision 2; 473.325; 473.326; 473.333; 473.388, subdivisions 1, 2, 3, and 5; 473.39, subdivisions 1, 1a, and 4; 473.411, subdivision 3; 473.436, subdivisions 3 and 6; 473.446, subdivisions 2, 2a, 3, and 7; 473.552; 473.553; 473.556, subdivisions 1, 2, 3, 7, 8, 9, 10, 13, and 16; 473.564, subdivision 3; 473.565; 473.572, subdivision 1; 473.581; 473.595, subdivisions 1a and 4; 473.598, subdivisions 1, 2, 3, and 5; 473.599, subdivisions 1, 2, 3, 4, 5, 6, and 7; 473.604, subdivision 7; 473.616; 473.618; 473.619; 473.701; 473.702; 473.703; 473.704, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, and 20; 473.705; 473.706; 473.711, subdivisions 1, 3, 4, and 5; 473.712; 473.714; 473.715; 473.716; 473.851; 473.855; 473.863, subdivisions 1, 2, and 3; 473.868, subdivision 4; Minnesota Statutes 1995 Supplement, sections 473.13, subdivisions 1 and 2; 473.164, subdivision 3; 473.167, subdivisions 3 and 3a; 473.195, subdivision 1; 473.25; 473.251; 473.252; 473.253; 473.254; 473.388, subdivision 4; 473.39, subdivisions 1b and 2; 473.3915, subdivisions 5 and 6; 473.411, subdivision 4; 473.436, subdivision 2; 473.446, subdivisions 1, 1a, and 8; 473.598, subdivision 4; 473.599, subdivision 8; 473.704, subdivision 18; 473.711, subdivision 2; 473.893; 473.894, subdivisions 14, 16, 17, and 18; 473.895; 473.896; 473.897, subdivision 3; 473.898; 473.899; 473.900; 473.903; 473F.02, subdivision 21; 473F.08, subdivision 3b.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Hackbarth introduced:

H. F. No. 2771, A bill for an act relating to agricultural chemicals; expanding immunity from liability for certain uses; amending Minnesota Statutes 1994, section 18D.101.

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

Winter, Bradley, Tunheim, Cooper and Abrams introduced:

H. F. No. 2772, A bill for an act relating to transportation; appropriating money to commissioner of transportation to create a process to promote telecommuting and develop telecommunication resources in an integrated manner.

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

Schumacher, Tunheim, Ostrom and Luther introduced:

H. F. No. 2773, A bill for an act relating to education; adjusting secondary pupil unit weightings; repealing certain appropriation caps; amending Minnesota Statutes 1995 Supplement, section 124.17, subdivision 1; repealing Laws 1995, First Special Session chapter 3, article 14, section 5.

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

Clark, Rice, Orenstein and Dawkins introduced:

H. F. No. 2774, A bill for an act relating to capital improvements; authorizing capital spending for housing finance agency and economic security department programs; authorizing the sale of state bonds; appropriating money with certain conditions.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

Dorn introduced:

H. F. No. 2775, A bill for an act relating to education; appropriating money to the south central Minnesota educational cooperative service unit for educational materials lost in the Ramy seed building fire.

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

Pelowski introduced:

H. F. No. 2776, A bill for an act relating to higher education; authorizing the issuance of state bonds; appropriating money for construction of a chiller plant addition at Winona State University.

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

Delmont, Bishop and Bradley introduced:

H. F. No. 2777, A bill for an act relating to capital improvements; appropriating money to the amateur sports commission for certain sports centers; authorizing the sale of state bonds.

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

Orenstein introduced:

H. F. No. 2778, A bill for an act relating to courts; modifying the duties and powers of a referee for the duration of a family court block calendar pilot program.

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

Entenza and Skoglund introduced:

H. F. No. 2779, A bill for an act relating to crime prevention; defining the crime of motor vehicle operation resulting in bodily harm; prescribing penalties; amending Minnesota Statutes 1994, section 609.21, by adding a subdivision.

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

Carlson, L., introduced:

H. F. No. 2780, A bill for an act relating to drivers' licenses; allowing owners of residences to identify who may use the residence address on a driver's license; proposing coding for new law in Minnesota Statutes, chapter 171.

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

Long and Kelley introduced:

H. F. No. 2781, A bill for an act relating to taxation; providing for taxation of certain property managed or owned by certain public entities or partnerships which include such entities; authorizing creation of joint powers boards for purposes of housing ownership and management; amending Minnesota Statutes 1994, sections 469.040, by adding a subdivision; and section 471.59, by adding a subdivision.

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

Orenstein and Long introduced:

H. F. No. 2782, A bill for an act relating to local government; providing for creation of an advisory council on intergovernmental relations; proposing coding for new law in Minnesota Statutes, chapter 15.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Osthoff introduced:

H. F. No. 2783, A bill for an act relating to state government; permitting state employees to donate vacation leave for the benefit of a certain state employee.

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

Trimble; Johnson, V.; McCollum and Dempsey introduced:

H. F. No. 2784, A bill for an act relating to public utilities; modifying provisions relating to dry cask storage of nuclear waste; amending Minnesota Statutes 1994, sections 116C.771; 116C.772, by adding a subdivision; 116C.773; 116C.776; 116C.777; and 116C.778; repealing Minnesota Statutes 1994, sections 116C.779; and 116C.80.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Kelso, Dawkins, Bradley, Ostrom and Leppik introduced:

H. F. No. 2785, A bill for an act relating to taxation; allowing a credit for gifts to institutions of higher education; amending Minnesota Statutes 1994, section 290.06, by adding a subdivision.

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

Johnson, V., and Pelowski introduced:

H. F. No. 2786, A bill for an act relating to capital improvements; appropriating money to construct a public television transmitter near Rushford; authorizing the sale of state bonds.

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

McCollum introduced:

H. F. No. 2787, A bill for an act relating to the city of North St. Paul; authorizing the issuance of bonds for construction of a highway overpass.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

Frerichs introduced:

H. F. No. 2788, A bill for an act relating to liquor; modifying restrictions for temporary on-sale licenses; amending Minnesota Statutes 1995 Supplement, section 340A.410, subdivision 10.

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

Entenza introduced:

H. F. No. 2789, A bill for an act relating to crime; clarifying the intent element of fraudulent transfers under the theft statute; amending Minnesota Statutes 1995 Supplement, section 609.52, subdivision 1.

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

Pelowski introduced:

H. F. No. 2790, A bill for an act relating to human services; allowing an exception to nursing home moratorium on beds; amending Minnesota Statutes 1995 Supplement, section 144A.071, subdivision 3.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Mares introduced:

H. F. No. 2791, A bill for an act relating to education; authorizing a grant for independent school district No. 624, White Bear Lake; appropriating money.

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

Dawkins introduced:

H. F. No. 2792, A bill for an act relating to financial institutions; regulating service charges on dishonored checks; amending Minnesota Statutes 1994, section 48.512, subdivision 7.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Dawkins introduced:

H. F. No. 2793, A bill for an act relating to taxation; property; providing for a study of property assessment, equalization, and payment procedures.

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

Rice and Trimble introduced:

H. F. No. 2794, A bill for an act relating to state bonding; repealing the authority to issue bonds to fund the judgment in the Cambridge State Bank case; amending Minnesota Statutes 1995 Supplement, sections 246.18, subdivision 4; and 349A.10, subdivision 5; repealing Minnesota Statutes 1995 Supplement, sections 16A.67; 16A.6701; and 246.18, subdivision 7.

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

Van Engen and Cooper introduced:

H. F. No. 2795, A bill for an act relating to capital improvements; appropriating money for the Willmar regional treatment center; authorizing the sale of state bonds.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Tompkins, Workman and Larsen introduced:

H. F. No. 2796, A bill for an act relating to transportation; permitting new replacement transit service in the metropolitan area to be established; amending Minnesota Statutes 1994, section 473.388, subdivision 2.

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

Tompkins, Erhardt, Girard, Larsen and Holsten introduced:

H. F. No. 2797, A bill for an act relating to taxation; property; reducing the class rate for certain seasonal recreational property; amending Minnesota Statutes 1995 Supplement, sections 273.13, subdivision 25; and 273.1398, subdivision 1.

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

Hasskamp; Kinkel; Swenson, D.; McGuire and Winter introduced:

H. F. No. 2798, A bill for an act relating to data practices; law enforcement data; modifying the classification of data; amending Minnesota Statutes 1994, section 13.82, subdivisions 3 and 4; Minnesota Statutes 1995 Supplement, section 13.82, subdivision 5.

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

Milbert; Johnson, V.; McCollum and Bakk introduced:

H. F. No. 2799, A bill for an act relating to natural resources; modifying provisions for aquatic farms; establishing a season for harvesting ripe wild rice; removing the residency requirement for youth hunting; permitting nonresident students to take big game; modifying priorities for the disposal of state hatchery eggs or fry; modifying the exception for trout and salmon stamps; modifying restrictions on taking sturgeon and paddlefish; removing certain provisions related to wild rice; amending Minnesota Statutes 1994, sections 17.4982, subdivisions 8, 10, 17, 21, and by adding a subdivision; 17.4984, subdivisions 2 and 7; 17.4985, subdivisions 2 and 3; 17.4986; 17.4988, subdivisions 2 and 4;

17.4991, subdivision 3; 17.4992, subdivisions 2 and 3; 17.4993, subdivision 1; 97A.451, by adding a subdivision; 97A.455; 97C.203; 97C.305, subdivision 2; and 97C.411; Minnesota Statutes 1995 Supplement, section 97A.451, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 1994, sections 84.09; and 84.14.

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

Entenza and Dawkins introduced:

H. F. No. 2800, A bill for an act relating to landlord and tenant; requiring the housing finance agency to select a central depository institution for tenant security deposits and for interest earnings to be deposited in the housing trust fund; requiring landlords to deposit tenant security deposits in the central depository institution; amending Minnesota Statutes 1994, sections 462A.201, subdivisions 1 and 4, and by adding subdivisions; and 504.20, subdivision 2, and by adding a subdivision; Minnesota Statutes 1995 Supplement, section 462A.201, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 462A.

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

Dawkins, Winter, Wagenius and Goodno introduced:

H. F. No. 2801, A bill for an act relating to local government finance; creating a local performance aid program; promoting local government efficiency and effectiveness; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 477A.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Tompkins; Anderson, I.; Kalis; Larsen and Perlt introduced:

H. F. No. 2802, A bill for an act relating to taxation; property; limiting reassessment to four-year intervals; amending Minnesota Statutes 1994, section 273.08.

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

Worke, Sviggum, Commers, Milbert and Erhardt introduced:

H. F. No. 2803, A bill for an act relating to taxation; exempting sales of lawn and garden care to cemeteries from the sales tax; amending Minnesota Statutes 1995 Supplement, section 297A.01, subdivision 3.

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

Bertram, Skoglund and Kraus introduced:

H. F. No. 2804, A bill for an act relating to crimes; expanding the prohibitions of the driving while intoxicated and criminal vehicular operation laws to include persons who operate a motor vehicle with the presence of any amount of a controlled substance in their bodies; providing a defense for controlled substance use that complies with a lawfully issued prescription; requiring the POST board to develop a plan to train peace officers in drug recognition techniques; making clarifying technical changes; amending Minnesota Statutes 1994, sections 169.121, subdivisions 1 and 2; 169.123, subdivisions 2, 2a, 4, and 6; and 609.21.

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

Bertram introduced:

H. F. No. 2805, A bill for an act relating to taxation; extending the duration of the sales tax exemption for used farm machinery; amending Minnesota Statutes 1995 Supplement, section 297A.25, subdivision 59.

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

Koppendrayer, Bettermann, Seagren, Mares and Carlson, L., introduced:

H. F. No. 2806, A bill for an act relating to education; modifying educational aids for nonpublic school children; amending Minnesota Statutes 1994, sections 123.932, subdivisions 1b, 1c, 1e, and 11; 123.933, as amended; and 123.935, subdivisions 2 and 7.

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

Bertram introduced:

H. F. No. 2807, A bill for an act relating to liquor; allowing bed and breakfast establishments to furnish wine to guests without a license under certain circumstances; regulating on-sale intoxicating liquor license fees; allowing off-sale retailers to offer samples of distilled spirits; allowing brewers to furnish beer directly to retailers for tastings; allowing off-sale retailers to sell distilled spirits in 50 milliliter bottles; allowing on-sale retailers to prohibit the carrying of alcoholic beverages onto the licensed premises; specifying items that may be sold in municipal liquor stores; amending Minnesota Statutes 1994, sections 340A.408, subdivision 2; 340A.510; and 340A.601, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Long, Kahn, Davids, Bishop and McGuire introduced:

H. F. No. 2808, A bill for an act relating to local government; revising provisions limiting the compensation of local government officials to a percentage of the governor's salary; amending Minnesota Statutes 1995 Supplement, section 43A.17, subdivision 9.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Bradley introduced:

H. F. No. 2809, A bill for an act relating to probate; changing provisions for descent of homesteads and property exemptions; amending Minnesota Statutes 1994, sections 524.2-402; and 524.2-403.

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

Van Dellen, Peterson, Bertram, Paulsen and Sviggum introduced:

H. F. No. 2810, A bill for an act relating to civil actions; limiting noneconomic damages in personal injury actions; eliminating joint and several liability; providing for the award of attorney fees to certain prevailing parties; amending Minnesota Statutes 1994, section 604.02, subdivision 1; proposing coding for new law in chapters 548 and 604.

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

Haas, Cooper, Worke, McCollum and Bradley introduced:

H. F. No. 2811, A bill for an act relating to health; changing the date by which the commissioner of administration must present to the legislature recommendations on private sector administration of the MinnesotaCare program; amending Laws 1995, chapter 234, article 6, section 44.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Haas introduced:

H. F. No. 2812, A bill for an act relating to taxation; use tax; authorizing certain taxpayers to bill and pay use tax with the income tax return; amending Minnesota Statutes 1994, sections 289A.08, subdivision 13; and 289A.11, subdivision 1.

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

Haas, Bradley and Worke introduced:

H. F. No. 2813, A bill for an act relating to human services; requiring the commissioner of human services to prepare a report assessing the feasibility of privatization of the state's regional treatment centers and state-operated community facilities.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Winter, Kinkel, Kalis, Jennings and Johnson, R., introduced:

H. F. No. 2814, A bill for an act relating to alcoholic beverages; increasing the sales tax rate on alcoholic beverages; providing for the dedication of a portion of the revenues from the sales tax on alcoholic beverages to the chemical dependency treatment account; eliminating requirements for a sliding fee schedule for persons eligible for chemical dependency fund services; amending Minnesota Statutes 1994, sections 254B.04, subdivision 1; 297A.02, subdivision 3; and 297A.44, subdivision 1; Minnesota Statutes 1995 Supplement, section 254B.02, subdivision 1; repealing Minnesota Statutes 1994, section 254B.04, subdivision 3.

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

Wagenius, Schumacher, Seagren, Entenza and Carlson, L., introduced:

H. F. No. 2815, A bill for an act relating to education; creating an adopt-a-classroom program; creating an endowed chair program for schools; authorizing the office of the attorney general to develop a guide to school site foundations; proposing coding for new law in Minnesota Statutes, chapter 124C.

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

Kelley, McGuire, Trimble, Macklin and Van Dellen introduced:

H. F. No. 2816, A bill for an act relating to consumer privacy; regulating the use and dissemination of personally identifiable information on consumers of computer information services; proposing coding for new law as Minnesota Statutes, chapter 13D.

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

Tompkins, Lynch, Stanek and Erhardt introduced:

H. F. No. 2817, A bill for an act relating to gambling; increasing the minimum age from 18 to 21 for making pari-mutuel wagers, participating in lawful gambling, and purchasing a ticket in the state lottery; setting a minimum age of 21 for making a private social bet; amending Minnesota Statutes 1994, sections 240.13, subdivision 8; 240.25, subdivision 8; 349.2127, subdivision 8; 349A.08, subdivision 3; 349A.12, subdivisions 1, 2, and 5; 609.75, subdivision 3; repealing Laws 1994, chapter 633, article 7, section 6, subdivision 2.

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

Greenfield and Anderson, R., introduced:

H. F. No. 2818, A bill for an act relating to human services; appropriating money.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Erhardt, Osthoff, Lourey and Molnau introduced:

H. F. No. 2819, A bill for an act relating to insurance; requiring disclosure of how enrollee cost sharing is affected by provider payment arrangements; proposing coding for new law in Minnesota Statutes, chapter 62Q.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Peterson; Munger; Johnson, V.; Ozment and Trimble introduced:

H. F. No. 2820, A bill for an act relating to capital improvements; appropriating money for monitoring best management practices in the Minnesota river watershed.

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

Bakk, Solberg, Leighton, Goodno and Kalis introduced:

H. F. No. 2821, A bill for an act relating to capital improvements; providing for water pollution control grants; appropriating money.

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

McElroy, Knoblach and Lieder introduced:

H. F. No. 2822, A bill for an act relating to capital improvements; transportation; establishing an experiment in the use of the design-build method of construction for state highway truck stations.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

Milbert introduced:

H. F. No. 2823, A bill for an act relating to tax increment financing; allowing tax increments to be used in housing interest rate reduction programs for a period of 15 years; amending Minnesota Statutes 1994, sections 469.176, subdivision 4f; and 469.1761, subdivision 1.

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

Greiling, Kelso and Kelley introduced:

H. F. No. 2824, A bill for an act relating to public employment; eliminating the political subdivision compensation limit; repealing Minnesota Statutes 1995 Supplement, section 43A.17, subdivision 9.

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

Dorn introduced:

H. F. No. 2825, A bill for an act relating to gambling; establishing a commission to conduct discussions with Indian tribal governments on gambling issues; prescribing membership of the commission; requiring a report.

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

Johnson, V., introduced:

H. F. No. 2826, A bill for an act relating to the environment; specifying compliance requirements for certain existing individual sewage treatment systems; amending Minnesota Statutes 1994, section 115.55, subdivision 5.

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

Kinkel introduced:

H. F. No. 2827, A bill for an act relating to state lands; authorizing conveyance of certain lots within Cass county until January 1, 1998.

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

Kinkel introduced:

H. F. No. 2828, A bill for an act relating to education; adjusting the base revenue for special education; appropriating money; amending Laws 1995, First Special Session chapter 3, article 15, section 26, subdivision 2.

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

Kinkel introduced:

H. F. No. 2829, A bill for an act relating to education; making certain changes in the composition of the board of regents and the Minnesota state college and university board; specifying certain responsibilities of board members; changing the candidate advisory council's membership; amending Minnesota Statutes 1994, sections 137.023; and 137.0245, subdivisions 2 and 4; Minnesota Statutes 1995 Supplement, sections 136F.02, subdivision 1; and 136F.03, subdivisions 2 and 4; proposing coding for new law in Minnesota Statutes, chapters 136F; and 137.

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

Sviggum introduced:

H. F. No. 2830, A bill for an act relating to taxation; taconite production tax; setting a permanent tax rate; increasing and making permanent certain distributions to the taconite economic development fund; amending Minnesota Statutes 1995 Supplement, sections 298.24, subdivision 1; and 298.28, subdivision 9a.

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

Milbert, Tomassoni and McCollum introduced:

H. F. No. 2831, A bill for an act relating to capital improvements; appropriating money to make grants for ice centers; authorizing the sale of state bonds.

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

Larsen, Holsten and Perlt introduced:

H. F. No. 2832, A bill for an act relating to state government; modifying provisions governing the interchange of government employees; amending Minnesota Statutes 1994, section 15.53, subdivision 2.

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

Clark, Skoglund, Long and Milbert introduced:

H. F. No. 2833, A bill for an act relating to capital improvements; appropriating money for an urban sports facility; authorizing the sale of state bonds.

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

Hasskamp, Munger, Ozment, Wenzel and Johnson, A., introduced:

H. F. No. 2834, A bill for an act relating to watercraft; modifying the requirements for operation of a motorboat by a youth; amending Minnesota Statutes 1994, section 86B.305, subdivisions 1 and 2.

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

Carlson, L.; Ness; Entenza and Johnson, A., introduced:

H. F. No. 2835, A bill for an act relating to crimes; advancing, by one offense, certain sanctions for DWI-related offenses or certain offenses of driving without a driver's license; amending Minnesota Statutes 1995 Supplement, sections 168.042, subdivision 2; and 169.1217, subdivision 1.

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

Ostrom and Greenfield introduced:

H. F. No. 2836, A bill for an act relating to civil commitment; clarifying the financial responsibility for hearings on the use of neuroleptic medications; amending Minnesota Statutes 1994, section 256G.08, subdivision 1.

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

Molnau introduced:

H. F. No. 2837, A bill for an act relating to crime; requiring the sentencing guidelines commission to prepare an annual report on sentencing practices; amending Minnesota Statutes 1994, section 244.09, subdivision 6.

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

Pellow, Knight, Farrell, Luther and Broecker introduced:

H. F. No. 2838, A bill for an act relating to data privacy; authorizing release of certain arrest data to crime victims; amending Minnesota Statutes 1994, section 13.82, by adding a subdivision.

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

Garcia, Marko, McElroy and Long introduced:

H. F. No. 2839, A bill for an act proposing an amendment to the Minnesota Constitution, article XIV, sections 1, 10, and by adding a section; dedicating revenue from future motor fuel tax increases to multimodal transportation fund; creating a multimodal transportation fund for highways and public transportation purposes.

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

Marko, Larsen, Pugh, Perlt and Milbert introduced:

H. F. No. 2840, A bill for an act relating to capital improvements; appropriating money to begin construction of the Wakota bridge; authorizing the sale of state bonds.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

Leighton, Entenza, Ozment and Mahon introduced:

H. F. No. 2841, A bill for an act relating to employment; modifying provisions regarding minimum wages; increasing penalties; modifying employer liability provisions; imposing a penalty; changing inclusions in earnings statement; amending Minnesota Statutes 1994, sections 177.27, subdivisions 2, 4, and by adding subdivisions; 177.30; and 181.032; proposing coding for new law in Minnesota Statutes, chapter 181; repealing Minnesota Statutes 1994, sections 177.27, subdivision 6; 177.33; and 181.17.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Kelley, Dawkins, Greiling, McCollum and Weaver introduced:

H. F. No. 2842, A bill for an act relating to crime; requiring victim's account of domestic assault or harassment to be considered in determining arrested person's release; requiring notice to certain law enforcement agencies, battered women's programs, and sexual assault programs of release of arrested persons; requiring notice of bail hearings to victims of domestic assault and harassment; amending Minnesota Statutes 1994, section 629.72, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 629.72, subdivisions 2 and 6.

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

Peterson, Wenzel, Winter, Bakk and Olson, E., introduced:

H. F. No. 2843, A bill for an act relating to education; removing appropriations caps; establishing an education funding stabilization account; amending Minnesota Statutes 1995 Supplement, sections 124.17, subdivision 1; and 124A.22, subdivision 2; repealing Laws 1995, First Special Session chapter 3, article 14, section 5.

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

McElroy, Bradley and Stanek introduced:

H. F. No. 2844, A bill for an act relating to traffic regulations; changing the speed limits; authorizing peace officers to issue traffic citations for failure to wear a seat belt or child passenger restraint system; repealing Dimler amendment; requiring legislative reports; making technical corrections; appropriating money; amending Minnesota Statutes 1994, sections 169.14, subdivision 2; 169.685, subdivision 5; 169.686, subdivision 1; and 169.983; Minnesota Statutes 1995 Supplement, section 169.14, subdivision 5d; repealing Minnesota Statutes 1994, sections 169.141; 169.99, subdivision 1b; and 171.12, subdivision 6.

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

Rest, McElroy, Wagenius and Carruthers introduced:

H. F. No. 2845, A bill for an act relating to the legislative auditor; requiring procedures for the appointment process; clarifying audit jurisdiction; protecting privacy of certain audit data; clarifying responsible officers to prosecute violations of law and recover public money; granting rights to witnesses in audit investigations; amending Minnesota Statutes 1994, sections 3.97, subdivisions 4, 5, 9, and 11; 3.971; 3.972; 3.974; 3.975; 3.978; 10.48; 37.06; 37.07; 85A.02, subdivision 5c; 192.551; 256E.05, subdivision 3a; 268.12, subdivision 8; 352.03, subdivision 6; 353.03, subdivision 3a; 353A.05, subdivision 1; 354.06, subdivision 2a; 360.015, subdivision 19; 574.03; and 609.456; Minnesota Statutes 1995 Supplement, section 16B.42, subdivision 1; repealing Minnesota Statutes 1994, sections 3.973; 136A.29, subdivision 19; 256B.04, subdivision 11; 469.207, subdivision 1; and 574.02.

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

Kalis introduced:

H. F. No. 2846, A bill for an act relating to tax-forfeited lands; authorizing the conveyance of certain tax-forfeited land in Faribault county.

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

Orenstein introduced:

H. F. No. 2847, A bill for an act relating to crime prevention; removing the prohibition on use of state money for the board of invention; repealing Minnesota Statutes 1994, section 116J.990, subdivision 7.

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

Pelowski introduced:

H. F. No. 2848, A bill for an act relating to taxation; tax-exempt bonds; modifying the period allowed for use of single-family housing bond allotments; amending Minnesota Statutes 1995 Supplement, section 474A.061, subdivision 2a.

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

Cooper introduced:

H. F. No. 2849, A bill for an act relating to agriculture; providing funding for the passing on the farm center; appropriating money.

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

Jennings introduced:

H. F. No. 2850, A bill for an act relating to capital improvements; transferring an appropriation for the St. Croix Valley Heritage Center.

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

Tomassoni, Solberg and Anderson, I., introduced:

H. F. No. 2851, A bill for an act relating to crimes; modifying the definition of a video game of chance; amending Minnesota Statutes 1994, section 609.75, subdivision 8.

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

Osskopp, Van Engen and Perlt introduced:

H. F. No. 2852, A bill for an act relating to property rights; requiring the attorney general to review proposed rules for potential to result in "takings" of private property; establishing a cause of action for reduction in value of private property as a result of governmental regulation; proposing coding for new law in Minnesota Statutes, chapters 14; and 557.

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

Johnson, V., and Brown introduced:

H. F. No. 2853, A bill for an act relating to wetlands; requiring studies on compensation and replacement credits.

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

Peterson, Kalis, Dorn, Vickerman and Ostrom introduced:

H. F. No. 2854, A bill for an act relating to capital improvements; appropriating money for capital planning for Blue Earth/Minnesota river trail acquisition; authorizing the sale of state bonds.

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

McCollum, Perlt, Greiling, Larsen and Broecker introduced:

H. F. No. 2855, A bill for an act relating to highways; directing the commissioner of transportation to construct an overpass over marked trunk highway No. 36 in North St. Paul; providing for apportionment of costs.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the reappointment of the Conference Committee on H. F. No. 787 the re-reference of said bill to that committee for further consideration.

H. F. No. 787, A bill for an act relating to water; wetland protection and management; amending Minnesota Statutes 1994, sections 103G.222; 103G.2241; 103G.2242, subdivisions 1, 6, 7, and 12; 103G.237, subdivision 4; and 103G.2372, subdivision 1; repealing Minnesota Statutes 1994, section 103G.2242, subdivisions 9 and 13.

The Senate has appointed as such committee:

Messrs. Stumpf, Merriam, Mondale, Dille and Stevens.

H. F. No. 787 is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 1862, 1925 and 1812.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 1862, A bill for an act relating to state government; authorizing use of unmarked vehicles by the division of disease prevention and control of the department of health; providing that passenger vehicle classification license plates be issued for those vehicles; amending Minnesota Statutes 1994, section 16B.54, subdivision 2; Minnesota Statutes 1995 Supplement, section 168.012, subdivision 1.

The bill was read for the first time and referred to the Committee on Health and Human Services.

S. F. No. 1925, A bill for an act relating to the housing finance agency; making technical changes to requirements under single family housing programs; amending Minnesota Statutes 1994, sections 462A.05, subdivisions 14a and 18; and 462A.07, subdivision 14.

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

S. F. No. 1812, A bill for an act relating to housing; securing vacant buildings; amending Minnesota Statutes 1994, sections 463.251; and 582.031, subdivision 2.

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

H. F. No. 2085 was reported to the House.

Rhodes moved that H. F. No. 2085 be continued on the Consent Calendar until Monday, February 5, 1996.

H. F. No. 2150, A bill for an act relating to liquor; authorizing the city of Stillwater to issue one additional

on-sale license.

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

The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Olson, E.    Smith
Anderson, B. Finseth      Koppendrayer Olson, M.    Solberg
Anderson, R. Frerichs     Kraus        Opatz        Stanek
Bakk         Garcia       Krinkie      Orenstein    Sviggum
Bertram      Girard       Larsen       Orfield      Swenson, D.
Bettermann   Goodno       Leighton     Osskopp      Swenson, H.
Bishop       Greenfield   Leppik       Osthoff      Sykora
Bradley      Greiling     Lieder       Ostrom       Tomassoni
Broecker     Gunther      Long         Otremba      Tompkins
Brown        Haas         Lourey       Ozment       Trimble
Carlson, L.  Hackbarth    Luther       Paulsen      Tuma
Carlson, S.  Harder       Lynch        Pawlenty     Tunheim
Carruthers   Hasskamp     Macklin      Pellow       Van Dellen
Clark        Hausman      Mahon        Perlt        Van Engen
Commers      Holsten      Mares        Peterson     Vickerman
Cooper       Huntley      Mariani      Pugh         Wagenius
Daggett      Jaros        Marko        Rest         Warkentin
Dauner       Jefferson    McCollum     Rhodes       Weaver
Davids       Johnson, A.  McElroy      Rice         Wejcman
Dawkins      Johnson, R.  McGuire      Rostberg     Wenzel
Dehler       Johnson, V.  Molnau       Rukavina     Winter
Delmont      Kahn         Mulder       Sarna        Wolf
Dempsey      Kalis        Munger       Schumacher   Worke
Dorn         Kelley       Murphy       Seagren      Sp.Anderson,I
Entenza      Kelso        Ness         Skoglund     

Knight       Lindner      Onnen        

H. F. No. 2276, A bill for an act relating to state government; adding authority for the board of water and soil resources to accept and administer federal grants, donations, gifts, and other contributions to achieve authorized objectives of the agency; amending Minnesota Statutes 1994, sections 103B.101, subdivision 9; and 103C.401, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knight       Ness         Skoglund
Anderson, B. Finseth      Knoblach     Olson, E.    Smith
Anderson, R. Frerichs     Koppendrayer Olson, M.    Solberg
Bakk         Garcia       Kraus        Onnen        Stanek
Bertram      Girard       Krinkie      Opatz        Sviggum
Bettermann   Goodno       Larsen       Orenstein    Swenson, D.
Bishop       Greenfield   Leighton     Orfield      Swenson, H.
Boudreau     Greiling     Leppik       Osskopp      Sykora
Bradley      Gunther      Lieder       Osthoff      Tomassoni
Broecker     Haas         Lindner      Ostrom       Tompkins
Brown        Hackbarth    Long         Otremba      Trimble
Carlson, L.  Harder       Lourey       Ozment       Tuma
Carlson, S.  Hasskamp     Luther       Paulsen      Tunheim
Carruthers   Hausman      Lynch        Pawlenty     Van Dellen
Clark        Holsten      Macklin      Pellow       Van Engen
Commers      Huntley      Mahon        Perlt        Vickerman
Cooper       Jaros        Mares        Peterson     Wagenius
Daggett      Jefferson    Mariani      Pugh         Warkentin
Dauner       Jennings     Marko        Rest         Weaver
Davids       Johnson, A.  McCollum     Rhodes       Wejcman
Dawkins      Johnson, R.  McElroy      Rice         Wenzel
Dehler       Johnson, V.  McGuire      Rostberg     Winter
Delmont      Kahn         Molnau       Rukavina     Wolf
Dempsey      Kalis        Mulder       Sarna        Worke
Dorn         Kelley       Munger       Schumacher   Sp.Anderson,I
Entenza      Kelso        Murphy       Seagren      

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding General Orders for today, Monday, January 29, 1996:

H. F. Nos. 2330, 2007, 2513 and 2401.

H. F. No. 2330, A bill for an act relating to land use planning; requesting the St. Cloud area planning organization to assess and report on the land use planning and coordinating issues of the region.

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

The question was taken on the passage of the bill and the roll was called. There were 110 yeas and 21 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Erhardt      Kalis        Murphy       Solberg
JOURNAL OF THE HOUSE - 70th Day - Top of Page 6401

Bakk         Farrell      Kelley       Ness         Stanek
Bertram      Finseth      Kelso        Olson, E.    Swenson, D.
Bettermann   Frerichs     Kinkel       Onnen        Tomassoni
Bishop       Garcia       Knoblach     Opatz        Tompkins
Boudreau     Girard       Koppendrayer Orenstein    Trimble
Bradley      Goodno       Larsen       Orfield      Tuma
Broecker     Greenfield   Leighton     Osskopp      Tunheim
Brown        Greiling     Leppik       Osthoff      Van Engen
Carlson, L.  Gunther      Lieder       Ostrom       Vickerman
Carlson, S.  Haas         Long         Otremba      Wagenius
Carruthers   Harder       Lourey       Ozment       Weaver
Clark        Hasskamp     Luther       Perlt        Wejcman
Cooper       Hausman      Lynch        Peterson     Wenzel
Daggett      Holsten      Macklin      Pugh         Winter
Dauner       Huntley      Mahon        Rest         Wolf
Davids       Jaros        Mares        Rhodes       Worke
Dawkins      Jefferson    Mariani      Rice         Sp.Anderson,I
Dehler       Jennings     Marko        Rostberg     
Delmont      Johnson, A.  McCollum     Rukavina     
Dempsey      Johnson, R.  McElroy      Sarna        
Dorn         Johnson, V.  McGuire      Schumacher   
Entenza      Kahn         Munger       Skoglund     

Abrams       Kraus        Olson, M.    Smith        Warkentin 
Anderson, B. Krinkie      Paulsen      Sviggum      
Commers      Lindner      Pawlenty     Swenson, H.  
Hackbarth    Molnau       Pellow       Sykora       
Knight       Mulder       Seagren      Van Dellen   

H. F. No. 2007, A bill for an act relating to human services; removing a restriction on the distribution of detoxification transportation funding grants to counties; amending Minnesota Statutes 1995 Supplement, section 254A.17, subdivision 3.

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

The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 7 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Erhardt      Kelley       Mulder       Sarna
Anderson, R. Farrell      Kelso        Munger       Schumacher
Bakk         Finseth      Kinkel       Murphy       Skoglund
Bertram      Frerichs     Knoblach     Ness         Smith
Bettermann   Garcia       Koppendrayer Olson, E.    Solberg
Bishop       Girard       Kraus        Olson, M.    Stanek
Boudreau     Goodno       Krinkie      Onnen        Swenson, D.
Bradley      Greenfield   Larsen       Opatz        Swenson, H.
Broecker     Greiling     Leighton     Orenstein    Tomassoni
Brown        Gunther      Leppik       Orfield      Tompkins
Carlson, L.  Haas         Lieder       Osskopp      Trimble
Carlson, S.  Hackbarth    Lindner      Osthoff      Tuma
Carruthers   Harder       Long         Ostrom       Tunheim
Clark        Hasskamp     Lourey       Otremba      Van Engen
Commers      Hausman      Luther       Ozment       Vickerman
Cooper       Holsten      Lynch        Pawlenty     Wagenius
Daggett      Huntley      Macklin      Pellow       Warkentin
Dauner       Jaros        Mahon        Perlt        Weaver
Davids       Jefferson    Mares        Peterson     Wejcman
Dawkins      Jennings     Mariani      Pugh         Wenzel
Dehler       Johnson, A.  Marko        Rest         Winter
Delmont      Johnson, R.  McCollum     Rhodes       Wolf
Dempsey      Johnson, V.  McElroy      Rice         Worke
Dorn         Kahn         McGuire      Rostberg     Sp.Anderson,I
Entenza      Kalis        Molnau       Rukavina     

Abrams       Paulsen      Sviggum      Van Dellen 
Knight       Seagren      Sykora       

H. F. No. 2513, A bill for an act relating to economic development; authorizing port authorities to use certain provisions of the uniform municipal contracting law; amending Minnesota Statutes 1994, section 469.068, by adding a subdivision.

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

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

Those who voted in the affirmative were:

Abrams       Farrell      Knoblach     Olson, M.    Stanek
Anderson, B. Finseth      Koppendrayer Onnen        Sviggum
Anderson, R. Frerichs     Kraus        Opatz        Swenson, D.
Bakk         Garcia       Krinkie      Orenstein    Swenson, H.
Bertram      Girard       Larsen       Orfield      Sykora
Bettermann   Goodno       Leighton     Osskopp      Tomassoni
Bishop       Greenfield   Leppik       Osthoff      Tompkins
Boudreau     Greiling     Lieder       Ostrom       Trimble
Bradley      Gunther      Lindner      Otremba      Tuma
Broecker     Haas         Long         Ozment       Tunheim
Brown        Hackbarth    Lourey       Paulsen      Van Dellen
Carlson, L.  Harder       Luther       Pawlenty     Van Engen
Carlson, S.  Hasskamp     Lynch        Pellow       Vickerman
Carruthers   Hausman      Macklin      Perlt        Wagenius
Clark        Holsten      Mahon        Peterson     Warkentin
Commers      Huntley      Mares        Pugh         Weaver
Cooper       Jaros        Mariani      Rest         Wejcman
Daggett      Jefferson    Marko        Rhodes       Wenzel
Dauner       Johnson, A.  McCollum     Rice         Winter
Davids       Johnson, R.  McElroy      Rostberg     Wolf
Dawkins      Johnson, V.  McGuire      Rukavina     Worke
Dehler       Kahn         Molnau       Sarna        Sp.Anderson,I
Delmont      Kalis        Mulder       Schumacher   
Dempsey      Kelley       Munger       Seagren      
Dorn         Kelso        Murphy       Skoglund     
Entenza      Kinkel       Ness         Smith        
Erhardt      Knight       Olson, E.    Solberg      

H. F. No. 2401, A bill for an act relating to counties; Itasca; exempting the county from certain bidding requirements

on the sale of the Itasca County Medical Center.

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

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

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Olson, E.    Solberg
Anderson, B. Finseth      Knoblach     Olson, M.    Stanek
Anderson, R. Frerichs     Koppendrayer Onnen        Sviggum
Bakk         Garcia       Kraus        Opatz        Swenson, D.
Bertram      Girard       Krinkie      Orenstein    Swenson, H.
Bettermann   Goodno       Larsen       Orfield      Sykora
Bishop       Greenfield   Leighton     Osskopp      Tomassoni
Boudreau     Greiling     Leppik       Osthoff      Tompkins
Bradley      Gunther      Lieder       Ostrom       Trimble
Broecker     Haas         Lindner      Otremba      Tuma
Brown        Hackbarth    Long         Ozment       Tunheim
Carlson, L.  Harder       Lourey       Paulsen      Van Dellen
Carlson, S.  Hasskamp     Luther       Pawlenty     Van Engen
Carruthers   Hausman      Lynch        Pellow       Vickerman
Clark        Holsten      Macklin      Perlt        Wagenius
Commers      Huntley      Mahon        Peterson     Warkentin
Cooper       Jaros        Mares        Pugh         Weaver
Daggett      Jefferson    Mariani      Rest         Wejcman
Dauner       Jennings     Marko        Rhodes       Wenzel
Davids       Johnson, A.  McCollum     Rice         Winter
Dawkins      Johnson, R.  McElroy      Rostberg     Wolf
Dehler       Johnson, V.  McGuire      Rukavina     Worke
Delmont      Kahn         Molnau       Sarna        Sp.Anderson,I
Dempsey      Kalis        Mulder       Schumacher   
Dorn         Kelley       Munger       Seagren      
Entenza      Kelso        Murphy       Skoglund     
Erhardt      Kinkel       Ness         Smith        

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

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

House Resolution No. 10, A house resolution urging the President and Congress to accomplish the budget balancing objective without placing at risk the health and security of the rural and senior citizens of Minnesota and the Nation.

Reported the same back with the following amendments:

Page 3, after line 4, insert:

"Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare copies of this resolution, to be authenticated by his signature and that of the Speaker, and transmit them to the President of the United States, the Speaker and Clerk of the United States House of Representatives, the President and Secretary of the United States Senate, and Minnesota's Representatives and Senators in Congress."

With the recommendation that when so amended the resolution be adopted.

The report was adopted.

House Resolution No. 10 was reported to the House.

A house resolution urging the President and Congress to accomplish the budget balancing objective without placing at risk the health and security of the rural and senior citizens of Minnesota and the Nation.

Whereas, there are 575,000 citizens over the age of 65 who reside in the state of Minnesota, 80,000 of whom are 85 years of age or older; and

Whereas, Minnesota ranks ninth in the nation in proportion of very elderly citizens, those most in need of nursing or in-home services; and

Whereas, the elderly and persons with disabilities consume 70 percent of medical assistance dollars spent in Minnesota and make up 23 percent of all medical assistance recipients; and

Whereas, the number of persons between the ages of 65 and 75 years is projected to increase 54 percent between the years 2010 and 2020 and the number of Minnesotans aged 85 and older is projected to increase by 48 percent over the next 25 years, four times the state's overall projected growth; and

Whereas, 98 of 140 hospitals in Minnesota receive over half their revenue from Medicare and Medicaid and 17 rural hospitals receive more than 70 percent of their funding from these programs, making our state's rural health care particularly vulnerable in the light of Medicare and Medicaid cuts proposed by Congress; and

Whereas, Minnesota had the fourth lowest average annual growth rate in medical assistance in the nation between the years of 1989 and 1992 and Minnesota now has one of the nation's lowest Medicare reimbursement rates, putting this state in jeopardy of being penalized for demonstrated success in cost containment, should cuts proposed by Congress be enacted; and

Whereas, Minnesota taxpayers already realize a return of only 81 cents for every dollar invested in our federal government; and

Whereas, Minnesota stands to lose $1.86 billion over the next seven years under the plan for growth proposed by Congress for Medicaid, while the number of eligible recipients in the state continues to grow, with the effect in Minnesota of either an increased burden on state property tax payers or removal of the safety net for some senior citizens, or both; and

Whereas, Minnesota stands to lose another $4.5 billion over the next seven years under the plan for growth proposed by Congress for Medicare; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it commends the President and the Congress of the United States for their commitment to balance the federal budget in seven years; and

Be It Further Resolved that the House of Representatives admonishes the President and Congress not to accomplish the balanced budget objective by placing the rural citizens of Minnesota and this country at risk, nor by jeopardizing the health and security of senior citizens; and

Be It Further Resolved that the House of Representatives urges the President and Congress to accomplish the seven-year balanced budget with the objective of preserving access to needed health care for the disabled and the elderly of our state and this nation; and

Be It Further Resolved that the House of Representatives of the State of Minnesota urges the President and Congress to achieve a balanced budget and preserve the integrity of the Medicare and Medicaid programs through provision of appropriate funding to honor the commitment made by this nation to its citizens that government will not desert them at their time of greatest need.

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare copies of this resolution, to be authenticated by his signature and that of the Speaker, and transmit them to the President of the United States, The Speaker and Clerk of the United States House of Representatives, the President and Secretary of the United States Senate, and Minnesota's Representatives and Senators in Congress.

Carruthers moved that House Resolution No. 10 be now adopted.

Carruthers moved to amend House Resolution No. 10 as follows:

Page 3, delete everything after line 4

The motion prevailed and the amendment was adopted.

Pursuant to House Rule 4.05, Weaver gave notice of his intention to debate House Resolution No. 10, as amended. The resolution, as amended, was laid over one day.

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

House Resolution No. 11, A house resolution relating to feeding deer in northern Minnesota.

Reported the same back with the recommendation that the resolution be adopted.

The report was adopted.

House Resolution No. 11 was reported to the House.

A house resolution relating to feeding deer in northern Minnesota.

Whereas, the early winter produced deep snow followed by cold temperatures in the northern part of the state;

Whereas, continued cold and snowy conditions pose a threat to the deer herd, especially in northeastern Minnesota;

Whereas, severe winter conditions in 1995-1996 make it imperative that an emergency feeding program be established to preserve the northern deer herd; Now, Therefore,

Be It Resolved that the Minnesota house of representatives requests that an emergency deer feeding program be started immediately in Minnesota by the department of natural resources north of state highway 210 and U.S. highway 10.

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare copies of this resolution, to be authenticated by his signature and that of the Speaker, and transmit them to the commissioner of natural resources and the governor.

Bakk moved that House Resolution No. 11 be now adopted. The motion prevailed and House Resolution No. 11 was adopted.

McGuire moved that the names of Entenza, Luther, Mulder and Swenson, D., be added as authors on H. F. No. 174. The motion prevailed.

Solberg moved that the name of Anderson, I., be stricken and the name of Entenza be added as chief author on H. F. No. 279. The motion prevailed.

Cooper moved that his name be stricken and the name of Winter be shown as chief author on H. F. No. 408. The motion prevailed.

Trimble moved that the name of Pugh be added as chief author on H. F. No. 835. The motion prevailed.

Macklin moved that the name of Erhardt be added as an author on H. F. No. 2026. The motion prevailed.

Bettermann moved that the names of Mulder and Swenson, H., be added as authors on H. F. No. 2054. The motion prevailed.

Lieder moved that the names of Johnson, V., and Garcia be added as authors on H. F. No. 2070. The motion prevailed.

Bishop moved that the names of Tuma and Haas be added as authors on H. F. No. 2112. The motion prevailed.

Pellow moved that his name be stricken and the name of Frerichs be added as chief author and the name of Sviggum be added as an author on H. F. No. 2140. The motion prevailed.

Delmont moved that the names of Weaver and Pugh be added as authors on H. F. No. 2153. The motion prevailed.

Stanek moved that his name be stricken as an author on H. F. No. 2168. The motion prevailed.

Bettermann moved that the names of Carlson, L.; Harder; Otremba and Dawkins be added as authors on H. F. No. 2175. The motion prevailed.

Entenza moved that the name of Dawkins be stricken and the names of Goodno, Mariani and Garcia be added as authors on H. F. No. 2193. The motion prevailed.

Sviggum moved that the name of Girard be added as an author on H. F. No. 2197. The motion prevailed.

Tomassoni moved that the name of Boudreau be added as an author on H. F. No. 2224. The motion prevailed.

Dawkins moved that the name of Dorn be added as an author on H. F. No. 2357. The motion prevailed.

Osthoff moved that the name of Lourey be stricken and the name of Ostrom be added as chief author on H. F. No. 2369. The motion prevailed.

Huntley moved that the name of Murphy be added as an author on H. F. No. 2420. The motion prevailed.

Kelley moved that the name of Peterson be stricken as an author on H. F. No. 2459. The motion prevailed.

Dawkins moved that the name of Milbert be added as chief author on H. F. No. 2495. The motion prevailed.

Lieder moved that the name of Garcia be added as an author on H. F. No. 2508. The motion prevailed.

Wagenius moved that the name of Abrams be added as an author on H. F. No. 2552. The motion prevailed.

Mahon moved that the names of Rhodes and Milbert be added as authors on H. F. No. 2556. The motion prevailed.

Johnson, V., moved that the name of Kelley be added as an author on H. F. No. 2572. The motion prevailed.

Johnson, V., moved that the name of Kelley be added as an author on H. F. No. 2573. The motion prevailed.

Skoglund moved that the name of Luther be added as an author on H. F. No. 2578. The motion prevailed.

Osthoff moved that the name of McCollum be added as an author on H. F. No. 2619. The motion prevailed.

Bettermann moved that the name of Leppik be added as an author on H. F. No. 2661. The motion prevailed.

Bettermann moved that the name of Larsen be added as an author on H. F. No. 2662. The motion prevailed.

Mares moved that the names of Carlson, L.; Johnson, A., and Swenson, D., be added as authors on H. F. No. 2666. The motion prevailed.

Entenza moved that the name of Swenson, D., be added as an author on H. F. No. 2675. The motion prevailed.

Farrell moved that the name of McCollum be added as chief author and the name of Trimble be added as an author on H. F. No. 2697. The motion prevailed.

Pugh moved that the name of Luther be added as an author on H. F. No. 2716. The motion prevailed.

Jennings moved that H. F. Nos. 220, 318 and 667 and S. F. Nos. 315 and 1086, now on General Orders, be re-referred to the Committee on General Legislation, Veterans Affairs and Elections. The motion prevailed.

Bishop moved that H. F. No. 2447 be recalled from the Committee on Environment and Natural Resources and be re-referred to the Committee on Environment and Natural Resources Finance. The motion prevailed.

Rest moved that H. F. No. 1380 be returned to its author. The motion prevailed.

Bertram moved that H. F. No. 2103 be returned to its author. The motion prevailed.

Carruthers moved that when the House adjourns today it adjourn until 2:15 p.m., Wednesday, January 31, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:15 p.m., Wednesday, January 31, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

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