JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6509

STATE OF MINNESOTA

Journal of the House

SEVENTY-NINTH SESSION - 1996

__________________

SEVENTY-THIRD DAY

Saint Paul, Minnesota, Monday, February 5, 1996

Index to today's Journal

The House of Representatives convened at 2:30 p.m. and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by the Reverend Charles Trittin, Good Shepherd Lutheran Church, Inver Grove Heights, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

Abrams       Farrell      Knight       Ness         Smith
Anderson, B. Finseth      Knoblach     Olson, M.    Solberg
Anderson, R. Frerichs     Koppendrayer Onnen        Stanek
Bakk         Garcia       Kraus        Opatz        Sviggum
Bertram      Girard       Krinkie      Orenstein    Swenson, D.
Bettermann   Goodno       Larsen       Orfield      Swenson, H.
Bishop       Greenfield   Leighton     Osskopp      Sykora
Boudreau     Greiling     Leppik       Osthoff      Tomassoni
Bradley      Gunther      Lieder       Ostrom       Tompkins
Broecker     Haas         Lindner      Otremba      Trimble
Brown        Hackbarth    Long         Ozment       Tuma
Carlson, L.  Harder       Lourey       Paulsen      Tunheim
Carlson, S.  Hasskamp     Luther       Pawlenty     Van Dellen
Carruthers   Hausman      Lynch        Pellow       Van Engen
Clark        Holsten      Macklin      Pelowski     Vickerman
Commers      Huntley      Mahon        Perlt        Wagenius
Cooper       Jaros        Mares        Peterson     Warkentin
Daggett      Jefferson    Mariani      Pugh         Weaver
Dauner       Jennings     Marko        Rest         Wejcman
Davids       Johnson, A.  McCollum     Rhodes       Wenzel
Dawkins      Johnson, R.  McElroy      Rice         Winter
Dehler       Johnson, V.  McGuire      Rostberg     Wolf
Delmont      Kahn         Milbert      Rukavina     Worke
Dempsey      Kalis        Molnau       Sarna        Workman
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
Entenza      Kelso        Munger       Seagren      
Erhardt      Kinkel       Murphy       Skoglund     
A quorum was present.

Olson, E., was excused.

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

REPORTS OF STANDING COMMITTEES

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

H. F. No. 1889, A bill for an act relating to state government; making Juneteenth a holiday; amending Minnesota Statutes 1994, section 645.44, subdivision 5.


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Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [10.55] [JUNETEENTH.]

June 19 is designated Juneteenth in recognition of the historical pronouncement of the abolition of slavery on June 19, 1865, when the Emancipation Proclamation was said to have been first publicly read in Texas. The governor may take any action necessary to promote and encourage the observance of Juneteenth and public schools may offer instruction and programs on the occasion."

Delete the title and insert:

"A bill for an act relating to state government; designating June 19 as Juneteenth in recognition of the abolition of slavery; proposing coding for new law in Minnesota Statutes, chapter 10."

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

The report was adopted.

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

H. F. No. 2012, A bill for an act relating to drivers' licenses; providing that certain license suspensions are not effective until 14 days after notice has been mailed to the licensee; restricting authority to suspend driver's license for petty misdemeanor traffic violations; amending Minnesota Statutes 1994, sections 169.797, by adding a subdivision; 169.92, subdivision 4; 170.24; 171.09; 171.16, by adding a subdivision; 171.18, subdivision 2; and 171.182, subdivision 3; Minnesota Statutes 1995 Supplement, section 171.18, subdivision 1.

Reported the same back with the following amendments:

Page 4, line 29, after the period, insert "Suspension of a driver's license shall take effect immediately upon a finding by the commissioner, based on department records or other sufficient evidence, that a delay in the effectiveness of the suspension poses a threat to public safety. The department shall immediately notify the licensee of the suspension by mail, addressed to the licensee's last known address, with postage prepaid."

With the recommendation that when so amended the bill pass.

The report was adopted.

Rest from the Committee on Taxes to which was referred:

H. F. No. 2095, A bill for an act relating to taxation; making policy and administrative changes to certain taxes and fees; amending Minnesota Statutes 1994, sections 103E.611, subdivision 7; 270.102, subdivisions 1, 2, and 3; 270.70, subdivision 2; 273.13, subdivision 23; 290.06, subdivision 2c; 290.091, subdivision 2; 290A.25; 295.51, subdivision 1, and by adding a subdivision; 295.52, by adding a subdivision; 295.54, subdivisions 1, 2, and by adding a subdivision; 296.02, subdivision 8; 296.141, subdivision 4; 297.04, subdivision 9; 297A.09; 297A.25, subdivision 14; and 297A.256, subdivision 1; Minnesota Statutes 1995 Supplement, sections 115B.48, by adding subdivisions; 115B.49, subdivisions 2 and 4; 273.124, subdivision 13; 295.50, subdivision 3; and 295.53, subdivisions 1 and 5; proposing coding for new law in Minnesota Statutes, chapters 115B; 287; and 297A; repealing Minnesota Statutes 1994, section 295.50, subdivisions 8, 9, 9a, 11, 12, and 12a.

Reported the same back with the following amendments:

Page 1, delete section 1 and insert:

"Section 1. Minnesota Statutes 1994, section 165.08, subdivision 5, is amended to read:

Subd. 5. [EXEMPTIONS.] Notwithstanding any other provision of law to the contrary, the properties, moneys, and other assets of any joint and independent international authority or commission created under subdivision 1, all


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revenues or other income of any such authority or commission, and all bonds, certificates of indebtedness, or other obligations issued by any such authority or commission, and the interest thereon, shall be exempt from all taxation, licenses, fees, or charges of any kind imposed by the state or by any county, municipality, political subdivision, taxing district, or other public agency or body of the state."

Page 5, after line 3, insert:

"Sec. 3. Minnesota Statutes 1994, section 458A.32, subdivision 4, is amended to read:

Subd. 4. Revenue bonds of the authority shall be deemed and treated as instrumentalities of a public government agency; and as such, together with interest thereon, exempt from taxation."

Page 5, line 5, delete "Sections 1 and 2 are" and insert "Sections 1 and 3 are effective for income earned after July 1, 1983, in taxable years beginning after December 31, 1982. Section 2 is"

Page 9, line 17, strike the first comma and after "suspended" insert "under this chapter"

Page 9, line 18, after "denied" insert "under this chapter"

Pages 10 and 11, delete sections 9 and 10

Page 13, line 4, delete "11" and insert "9"

Pages 13 to 17, delete section 2

Page 21, after line 4, insert:

"Sec. 3. Minnesota Statutes 1995 Supplement, section 273.13, subdivision 25, is amended to read:

Subd. 25. [CLASS 4.] (a) Class 4a is residential real estate containing four or more units and used or held for use by the owner or by the tenants or lessees of the owner as a residence for rental periods of 30 days or more. Class 4a also includes hospitals licensed under sections 144.50 to 144.56, other than hospitals exempt under section 272.02, and contiguous property used for hospital purposes, without regard to whether the property has been platted or subdivided. Class 4a property in a city with a population of 5,000 or less, that is (1) located outside of the metropolitan area, as defined in section 473.121, subdivision 2, or outside any county contiguous to the metropolitan area, and (2) whose city boundary is at least 15 miles from the boundary of any city with a population greater than 5,000 has a class rate of 2.3 percent of market value for taxes payable in 1996 and thereafter. All other class 4a property has a class rate of 3.4 percent of market value for taxes payable in 1996 and thereafter. For purposes of this paragraph, population has the same meaning given in section 477A.011, subdivision 3.

(b) Class 4b includes:

(1) residential real estate containing less than four units, other than seasonal residential, and recreational;

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

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

Class 4b property has a class rate of 2.8 percent of market value for taxes payable in 1992, 2.5 percent of market value for taxes payable in 1993, and 2.3 percent of market value for taxes payable in 1994 and thereafter.

(c) Class 4c property includes:

(1) a structure that is:

(i) situated on real property that is used for housing for the elderly or for low- and moderate-income families as defined in Title II, as amended through December 31, 1990, of the National Housing Act or the Minnesota housing finance agency law of 1971, as amended, or rules promulgated by the agency and financed by a direct federal loan or federally insured loan made pursuant to Title II of the Act; or

(ii) situated on real property that is used for housing the elderly or for low- and moderate-income families as defined by the Minnesota housing finance agency law of 1971, as amended, or rules adopted by the agency pursuant thereto and financed by a loan made by the Minnesota housing finance agency pursuant to the provisions of the act.


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This clause applies only to property of a nonprofit or limited dividend entity. Property is classified as class 4c under this clause for 15 years from the date of the completion of the original construction or substantial rehabilitation, or for the original term of the loan.

(2) a structure that is:

(i) situated upon real property that is used for housing lower income families or elderly or handicapped persons, as defined in section 8 of the United States Housing Act of 1937, as amended; and

(ii) owned by an entity which has entered into a housing assistance payments contract under section 8 which provides assistance for 100 percent of the dwelling units in the structure, other than dwelling units intended for management or maintenance personnel. Property is classified as class 4c under this clause for the term of the housing assistance payments contract, including all renewals, or for the term of its permanent financing, whichever is shorter; and

(3) a qualified low-income building as defined in section 42(c)(2) of the Internal Revenue Code of 1986, as amended through December 31, 1990, that (i) receives a low-income housing credit under section 42 of the Internal Revenue Code of 1986, as amended through December 31, 1990; or (ii) meets the requirements of that section and receives public financing, except financing provided under sections 469.174 to 469.179, which contains terms restricting the rents; or (iii) meets the requirements of section 273.1317. Classification pursuant to this clause is limited to a term of 15 years. The public financing received must be from at least one of the following sources: government issued bonds exempt from taxes under section 103 of the Internal Revenue Code of 1986, as amended through December 31, 1993, the proceeds of which are used for the acquisition or rehabilitation of the building; programs under section 221(d)(3), 202, or 236, of Title II of the National Housing Act; rental housing program funds under Section 8 of the United States Housing Act of 1937 or the market rate family graduated payment mortgage program funds administered by the Minnesota housing finance agency that are used for the acquisition or rehabilitation of the building; public financing provided by a local government used for the acquisition or rehabilitation of the building, including grants or loans from federal community development block grants, HOME block grants, or residential rental bonds issued under chapter 474A; or other rental housing program funds provided by the Minnesota housing finance agency for the acquisition or rehabilitation of the building.

For all properties described in clauses (1), (2), and (3) and in paragraph (d), the market value determined by the assessor must be based on the normal approach to value using normal unrestricted rents unless the owner of the property elects to have the property assessed under Laws 1991, chapter 291, article 1, section 55. If the owner of the property elects to have the market value determined on the basis of the actual restricted rents, as provided in Laws 1991, chapter 291, article 1, section 55, the property will be assessed at the rate provided for class 4a or class 4b property, as appropriate. Properties described in clauses (1)(ii), (3), and (4) may apply to the assessor for valuation under Laws 1991, chapter 291, article 1, section 55. The land on which these structures are situated has the class rate given in paragraph (b) if the structure contains fewer than four units, and the class rate given in paragraph (a) if the structure contains four or more units. This clause applies only to the property of a nonprofit or limited dividend entity.

(4) a parcel of land, not to exceed one acre, and its improvements or a parcel of unimproved land, not to exceed one acre, if it is owned by a neighborhood real estate trust and at least 60 percent of the dwelling units, if any, on all land owned by the trust are leased to or occupied by lower income families or individuals. This clause does not apply to any portion of the land or improvements used for nonresidential purposes. For purposes of this clause, a lower income family is a family with an income that does not exceed 65 percent of the median family income for the area, and a lower income individual is an individual whose income does not exceed 65 percent of the median individual income for the area, as determined by the United States Secretary of Housing and Urban Development. For purposes of this clause, "neighborhood real estate trust" means an entity which is certified by the governing body of the municipality in which it is located to have the following characteristics:

(a) it is a nonprofit corporation organized under chapter 317A;

(b) it has as its principal purpose providing housing for lower income families in a specific geographic community designated in its articles or bylaws;

(c) it limits membership with voting rights to residents of the designated community; and

(d) it has a board of directors consisting of at least seven directors, 60 percent of whom are members with voting rights and, to the extent feasible, 25 percent of whom are elected by resident members of buildings owned by the trust; and


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(5) except as provided in subdivision 22, paragraph (c), real property devoted to temporary and seasonal residential occupancy for recreation purposes, including real property devoted to temporary and seasonal residential occupancy for recreation purposes and not devoted to commercial purposes for more than 250 days in the year preceding the year of assessment. For purposes of this clause, property is devoted to a commercial purpose on a specific day if any portion of the property is used for residential occupancy, and a fee is charged for residential occupancy. Class 4c also includes commercial use real property used exclusively for recreational purposes in conjunction with class 4c property devoted to temporary and seasonal residential occupancy for recreational purposes, up to a total of two acres, provided the property is not devoted to commercial recreational use for more than 250 days in the year preceding the year of assessment and is located within two miles of the class 4c property with which it is used. Class 4c property classified in this clause also includes the remainder of class 1c resorts. Owners of real property devoted to temporary and seasonal residential occupancy for recreation purposes and all or a portion of which was devoted to commercial purposes for not more than 250 days in the year preceding the year of assessment desiring classification as class 1c or 4c, must submit a declaration to the assessor designating the cabins or units occupied for 250 days or less in the year preceding the year of assessment by January 15 of the assessment year. Those cabins or units and a proportionate share of the land on which they are located will be designated class 1c or 4c as otherwise provided. The remainder of the cabins or units and a proportionate share of the land on which they are located will be designated as class 3a. The first $100,000 of the market value of the remainder of the cabins or units and a proportionate share of the land on which they are located shall have a class rate of three percent. The owner of property desiring designation as class 1c or 4c property must provide guest registers or other records demonstrating that the units for which class 1c or 4c designation is sought were not occupied for more than 250 days in the year preceding the assessment if so requested. The portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, and (4) other nonresidential facility operated on a commercial basis not directly related to temporary and seasonal residential occupancy for recreation purposes shall not qualify for class 1c or 4c;

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

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

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

Class 4c property has a class rate of 2.3 percent of market value, except that (i) for each parcel of seasonal residential recreational property not used for commercial purposes under clause (5) the first $72,000 of market value on each parcel has a class rate of 1.9 percent for taxes payable in 1997 and 1.8 percent for taxes payable in 1998 and thereafter, and the market value of each parcel that exceeds $72,000 has a class rate of 2.5 percent, and (ii) manufactured home parks assessed under clause (8) have a class rate of two percent for taxes payable in 1996, and thereafter.

(d) Class 4d property includes:

(1) a structure that is:

(i) situated on real property that is used for housing for the elderly or for low and moderate income families as defined by the Farmers Home Administration;


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(ii) located in a municipality of less than 10,000 population; and

(iii) financed by a direct loan or insured loan from the Farmers Home Administration. Property is classified under this clause for 15 years from the date of the completion of the original construction or for the original term of the loan.

The class rates in paragraph (c), clauses (1), (2), and (3) and this clause apply to the properties described in them, only in proportion to occupancy of the structure by elderly or handicapped persons or low and moderate income families as defined in the applicable laws unless construction of the structure had been commenced prior to January 1, 1984; or the project had been approved by the governing body of the municipality in which it is located prior to June 30, 1983; or financing of the project had been approved by a federal or state agency prior to June 30, 1983. For those properties, 4c or 4d classification is available only for those units meeting the requirements of section 273.1318.

Classification under this clause is only available to property of a nonprofit or limited dividend entity.

In the case of a structure financed or refinanced under any federal or state mortgage insurance or direct loan program exclusively for housing for the elderly or for housing for the handicapped, a unit shall be considered occupied so long as it is actually occupied by an elderly or handicapped person or, if vacant, is held for rental to an elderly or handicapped person.

(2) For taxes payable in 1992, 1993, and 1994, only, buildings and appurtenances, together with the land upon which they are located, leased by the occupant under the community lending model lease-purchase mortgage loan program administered by the Federal National Mortgage Association, provided the occupant's income is no greater than 60 percent of the county or area median income, adjusted for family size and the building consists of existing single family or duplex housing. The lease agreement must provide for a portion of the lease payment to be escrowed as a nonrefundable down payment on the housing. To qualify under this clause, the taxpayer must apply to the county assessor by May 30 of each year. The application must be accompanied by an affidavit or other proof required by the assessor to determine qualification under this clause.

(3) Qualifying buildings and appurtenances, together with the land upon which they are located, leased for a period of up to five years by the occupant under a lease-purchase program administered by the Minnesota housing finance agency or a housing and redevelopment authority authorized under sections 469.001 to 469.047, provided the occupant's income is no greater than 80 percent of the county or area median income, adjusted for family size, and the building consists of two or less dwelling units. The lease agreement must provide for a portion of the lease payment to be escrowed as a nonrefundable down payment on the housing. The administering agency shall verify the occupants income eligibility and certify to the county assessor that the occupant meets the income criteria under this paragraph. To qualify under this clause, the taxpayer must apply to the county assessor by May 30 of each year. For purposes of this section, "qualifying buildings and appurtenances" shall be defined as one or two unit residential buildings which are unoccupied and have been abandoned and boarded for at least six months.

Class 4d property has a class rate of two percent of market value except that property classified under clause (3), shall have the same class rate as class 1a property.

(e) Residential rental property that would otherwise be assessed as class 4 property under paragraph (a); paragraph (b), clauses (1) and (3); paragraph (c), clause (1), (2), (3), or (4), is assessed at the class rate applicable to it under Minnesota Statutes 1988, section 273.13, if it is found to be a substandard building under section 273.1316. Residential rental property that would otherwise be assessed as class 4 property under paragraph (d) is assessed at 2.3 percent of market value if it is found to be a substandard building under section 273.1316.

Sec. 4. Minnesota Statutes 1995 Supplement, section 275.08, subdivision 1b, is amended to read:

Subd. 1b. [COMPUTATION OF TAX RATES.] The amounts certified to be levied against net tax capacity under section 275.07 by an individual local government unit, except for any amounts certified under sections 124A.03, subdivision 2a, and 275.61, shall be divided by the total net tax capacity of all taxable properties within the local government unit's taxing jurisdiction. The resulting ratio, the local government's local tax rate, multiplied by each property's net tax capacity shall be each property's net tax capacity tax for that local government unit before reduction by any credits.

Any amount certified to the county auditor under section 124A.03, subdivision 2a, or 275.61, after the dates given in those sections, to be levied against market value shall be divided by the total estimated referendum market value of all taxable properties within the taxing district. The resulting ratio, the taxing district's new referendum tax rate,


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multiplied by each property's estimated referendum market value shall be each property's new referendum tax before reduction by any credits. For the purposes of this subdivision, "referendum market value" means the market value as defined in section 124A.02, subdivision 3b.

Sec. 5. Minnesota Statutes 1994, section 275.61, is amended to read:

275.61 [REFERENDUM LEVY; MARKET VALUE.]

For local governmental subdivisions other than school districts, any levy, including the issuance of debt obligations payable in whole or in part from property taxes, required to be approved and approved by the voters at a general or special election for taxes payable in 1993 and thereafter, shall be levied against the referendum market value of all taxable property within the governmental subdivision, as defined in section 124A.02, subdivision 3b. Any levy amount subject to the requirements of this section shall be certified separately to the county auditor under section 275.07.

The ballot shall state the maximum amount of the increased levy as a percentage of market value and the amount that will be raised by the new referendum tax rate in the first year it is to be levied."

Pages 21 and 22, delete section 5 and insert:

"Sec. 7. [REPEALER.]

Minnesota Statutes 1994, section 273.1316, is repealed."

Page 22, line 24, delete "to 5" and insert ", 3, 6, and 7"

Page 22, line 25, after the period, insert "Sections 4 and 5 are effective for taxes levied in 1996 and thereafter, payable in 1997 and thereafter."

Page 23, after line 25, insert:

"Sec. 2. Minnesota Statutes 1995 Supplement, section 295.50, subdivision 4, is amended to read:

Subd. 4. [HEALTH CARE PROVIDER.] (a) "Health care provider" means:

(1) a person furnishing any or all of the following goods or services directly to a patient or consumer: medical, surgical, optical, visual, dental, hearing, nursing services, drugs, medical supplies, medical appliances, laboratory, diagnostic or therapeutic services, or any goods and services not listed above that qualify for reimbursement under the medical assistance program provided under chapter 256B. For purposes of this clause, "directly to a patient or consumer" includes goods and services provided in connection with independent medical examinations under section 65B.56 or other examinations for purposes of litigation or insurance claims;

(2) a staff model health plan company; or

(3) an ambulance service required to be licensed.

(b) Health care provider does not include hospitals, nursing homes licensed under chapter 144A or licensed in any other jurisdiction, pharmacies, surgical centers, bus and taxicab transportation, or any other providers of transportation services other than ambulance services required to be licensed, supervised living facilities for persons with mental retardation or related conditions, licensed under Minnesota Rules, parts 4665.0100 to 4665.9900, residential care homes licensed under chapter 144B, board and lodging establishments providing only custodial services that are licensed under chapter 157 and registered under section 157.031 to provide supportive services or health supervision services, adult foster homes as defined in Minnesota Rules, part 9555.5050 9555.5105, day training and habilitation services for adults with mental retardation and related conditions as defined in section 252.41, subdivision 3, and boarding care homes, as defined in Minnesota Rules, part 4655.0100."

Page 28, line 33, delete "2, 5 to 8, and 10" and insert "3, 6 to 9, and 11"

Page 28, line 35, delete "3, 4, and 9" and insert "4, 5, and 10"


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Page 29, after line 2, insert:

"Section 1. Minnesota Statutes 1994, section 270.067, subdivision 2, is amended to read:

Subd. 2. [PREPARATION; SUBMISSION.] The commissioner of revenue shall prepare a tax expenditure budget for the state. The tax expenditure budget report shall be submitted to the legislature as a supplement to the governor's budget and at the same time as provided for submission of the budget pursuant to section 16A.11, subdivision 1 by February 1 of each even-numbered year."

Page 33, delete section 5

Page 34, line 21, delete "1 to 3" and insert "2 to 4"

Page 34, line 24, delete "4" and insert "5"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after "7;" insert "165.08, subdivision 5; 270.067, subdivision 2;"

Page 1, line 6, delete "290.06, subdivision 2c" and insert "275.61"

Page 1, line 7, delete "290A.25;"

Page 1, line 10, delete "296.02, subdivision 8;"

Page 1, line 11, delete "297A.09;"

Page 1, line 12, delete "297A.25, subdivision 14; and" and after "1;" insert "and 458A.32, subdivision 4;"

Page 1, line 15, delete "273.124, subdivision 13;" and insert "273.13, subdivision 25; 275.08, subdivision 1b;" and delete "subdivision 3" and insert "subdivisions 3 and 4"

Page 1, line 18, delete "section" and insert "sections 273.1316; and"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2108, A bill for an act relating to health; providing for the isolation and detention of persons with active tuberculosis who pose an endangerment to the public health; establishing standards and procedures for isolation and detention; requiring reporting by licensed health professionals; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

Pages 1 and 2, delete section 1

Page 2, lines 25 and 29, delete "144.4201" and insert "144.4199"

Page 2, line 30, before the period, insert "with regard to a tuberculosis health threat"

Page 3, line 12, after "physician" insert "and is reasonable"


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Page 3, line 20, before "diagnose" insert "reasonably" and after "tuberculosis" insert "according to currently accepted standards of medical practice"

Page 4, lines 12 and 13, delete "refers to conduct by a carrier who:" and insert "means a carrier who engages in any of the following conduct:"

Page 4, lines 15, 18, 24, and 27, after "physician" insert " that is reasonable"

Page 5, line 1, after "expose" insert "or may have exposed"

Page 5, line 32, delete "the" and after "knowledge" insert " of a reportable person as"

Page 5, line 33, delete everything after "VOLUNTARY" and insert "REPORTING.] Any person other than a licensed health professional"

Page 5, line 34, delete "person" and delete "the health or human" and insert "that"

Page 5, line 35, delete "services" and delete "the" and after "knowledge" insert "of a reportable person as"

Page 6, line 31, before the period, insert ", including why the carrier is an endangerment to the public health or to the health of any other person"

Page 6, line 33, delete "a" and insert "any other"

Page 6, line 34, delete "health or human services"

Page 7, line 1, delete "subdivision 3" and insert "this section"

Page 7, line 9, before "paragraphs" insert "subdivision 1,"

Page 7, line 11, delete "subdivision 2" and insert "this section"

Page 7, line 20, delete "place a"

Page 7, line 21, delete "guard outside the carrier's room and must"

Page 7, line 22, after "leaving" insert "the carrier's room or" and after "facility" insert ", including use of guards or locks, if appropriate"

Page 8, line 2, delete "If"

Page 8, line 3, delete "decides to" and insert "may" and after the comma, insert "if the court determines at the summary hearing that the carrier is not an endangerment to the public health or to the health of any other person."

Page 9, lines 3, 5, and 8, before "a" insert "if the respondent is a carrier,"

Page 9, line 27, delete "respondent's" and insert "commissioner's petition"

Page 9, line 28, delete "request" and after "hearing" insert "is filed"

Page 10, line 13, delete "Without a court order, a"

Page 10, delete lines 14 and 15

Page 10, line 16, delete "hearing. If the carrier does not request a hearing,"

Page 10, line 18, delete everything after the period

Page 10, delete lines 19 and 20, and insert "If the carrier requests a hearing, the carrier may not be detained for more than five business days from the day the commissioner files a petition for a hearing."


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Page 10, lines 23 and 31, delete "144.4201" and insert "144.4199"

Page 10, line 35, before "and" insert "4.03(a) and 4.05"

Page 11, line 5, after the second "carrier" insert "to the facility designated in the health order" and after the third "carrier" insert "until the carrier is placed at the designated facility"

Page 11, line 8, after the period, insert "This subdivision shall be sufficient authority for a peace or health officer to carry out the duties specified herein."

Page 11, lines 22, 26, and 32, after "physician" insert "that is reasonable"

Page 12, line 10, after the semicolon, insert "and"

Page 12, line 16, delete "; and" and insert a period

Page 12, delete lines 17 to 20

Page 12, line 33, delete "be"

Page 13, line 9, delete everything after the period

Page 13, delete line 10, and insert "If a room is not available at the hospital or treatment facility, the court may designate another location for the hearing."

Page 13, line 28, delete everything after "communicate" and insert "with the other party"

Page 13, line 29, delete "exhibits"

Page 13, line 36, delete "carrier" and insert "respondent"

Page 14, line 2, delete "30" and insert "90"

Page 14, line 8, delete "to the carrier"

Page 14, line 27, delete "carrier's conduct" and insert "carrier"

Page 15, line 23, delete "144.4201" and insert "144.4199"

Page 15, delete section 12

Renumber the sections in sequence and correct the internal references

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2110, 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.

Reported the same back with the following amendments:

Page 5, after line 8, insert:

"Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment."

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

The report was adopted.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6519

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

H. F. No. 2112, A bill for an act relating to the environment; authorizing establishment of municipal individual sewage treatment system loan programs; proposing coding for new law in Minnesota Statutes, chapter 115.

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 2154, A bill for an act relating to manufactured homes; adding certain conditions for park owners to recover possession of land; amending Minnesota Statutes 1994, section 327C.09, subdivision 8.

Reported the same back with the following amendments:

Page 1, line 10, delete "needed"

Page 1, line 13, delete "The"

Page 1, delete lines 14 and 15

Page 1, line 16, delete "citations issued by state or local inspectors."

Page 1, line 17, before the period, insert "and include in that notice a statement identifying how the improvements will substantially benefit the health and safety of the residents"

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. 2163, A bill for an act relating to motor carriers; prescribing conditions for granting medical waivers to truck drivers; allowing electronic filing of financial responsibility forms; amending Minnesota Statutes 1994, sections 221.0314, by adding a subdivision; and 221.141, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 221.0314, subdivision 3.

Reported the same back with the following amendments:

Page 5, after line 8, insert:

"Sec. 3. Minnesota Statutes 1994, section 221.0314, is amended by adding a subdivision to read:

Subd. 9a. [HOURS OF SERVICE EXEMPTION.] The federal regulations incorporated in subdivision 9 for maximum driving and on-duty time do not apply to drivers engaged in the interstate or intrastate transportation of agricultural commodities or farm supplies for agricultural purposes in Minnesota during the planting and harvesting seasons from March 15 to December 15 of each year if the transportation is limited to an area within a 100-air-mile radius from the source of the commodities or the distribution point for the farm supplies.

Sec. 4. Minnesota Statutes 1994, section 221.033, subdivision 2a, is amended to read:

Subd. 2a. [AGRICULTURALLY RELATED EXEMPTION.] (a) This subdivision applies to persons engaged in intrastate commerce.


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(b) Fertilizer and agricultural chemical retailers or their employees are exempt from the rule in section 221.0314, subdivision 4, requiring that drivers must be at least 21 years of age when:

(1) the retailer or its employee is transporting fertilizer or agricultural chemicals directly to a farm for on-farm use within a radius of 50 miles of the retailer's business location; and

(2) the driver employed by the retailer is at least 18 years of age.

(c) A fertilizer or agricultural chemical retailer, or a driver employed by a fertilizer or agricultural chemical retailer, is exempt from the rule in Code of Federal Regulations, title 49, section 395.3, paragraph (b), relating to hours of service of drivers, and section 395.8, requiring a driver's record of duty status, while exclusively engaged in the transportation of fertilizer or agricultural chemicals between April 1 and July 1 of each year when:

(1) the transportation is from the retailer's place of business directly to a farm within a 50-mile radius of the retailer's place of business;

(2) the fertilizer or agricultural chemicals are for use on the farm to which they are transported; and

(3) the employer maintains a daily record for each driver showing the time a driver reports for duty, the total number of hours a driver is on duty, and the time a driver is released from duty."

Page 5, line 9, delete "3" and insert "5"

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "exempting drivers transporting agricultural items from certain federal regulations;"

Page 1, line 6, delete "a subdivision" and insert "subdivisions; 221.033, subdivision 2a"

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. 2171, A bill for an act relating to state government; clarifying powers of the pollution control agency board and commissioner; amending Minnesota Statutes 1994, sections 115C.03, subdivision 7a; 116.03, as amended; and 514.673, subdivision 3; Minnesota Statutes 1995 Supplement, section 116.02, by adding subdivisions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 116.02, is amended by adding a subdivision to read:

Subd. 6. The agency shall make final decisions on the following matters:

(1) decisions on petitions for the preparation of environmental assessment worksheets if the project proposer or any person commenting on the proposal requests that the decision be made by the agency and the agency requests that it make the decision under subdivision 8;

(2) declarations on the need for an environmental impact statement following preparation of an environmental assessment worksheet under applicable Minnesota Rules if:

(i) the agency has received a request for an environmental impact statement;


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(ii) the project proposer or any person commenting on the proposal requests that the declaration be made by the agency and the agency requests that it make the decision under subdivision 8; or

(iii) the commissioner is recommending preparation of an environmental impact statement;

(3) determination of adequacy of scoping decisions and environmental impact statements;

(4) issuance, reissuance, modification, or revocation of permits if:

(i) a variance is sought in the permit application or a contested case hearing request is pending; or

(ii) the permit applicant, permittee, or any person commenting on the permit action requests that the decision be made by the agency;

(5) final adoption or amendment of agency rules for which a public hearing is required under section 14.25 or for which the commissioner decides to proceed directly to public hearing under section 14.14, subdivision 1; and

(6) approval or denial of applications for variances from agency rules if:

(i) granting the variance request would change an air, soil, or water quality standard;

(ii) the commissioner has determined that granting the variance will have a significant environmental impact; or

(iii) the applicant or any person commenting on the variance request desires to have the decision made by the agency and the agency requests that it make the decision under subdivision 8.

Sec. 2. Minnesota Statutes 1995 Supplement, section 116.02, is amended by adding a subdivision to read:

Subd. 7. The commissioner may request that the agency make additional decisions or provide advice to the commissioner.

Sec. 3. Minnesota Statutes 1995 Supplement, section 116.02, is amended by adding a subdivision to read:

Subd. 8. Any other action not specifically within the authority of the commissioner shall be made by the agency if:

(1) prior to the commissioner's final decision on the action, one or more members of the agency notify the commissioner of their request that the decision be made by the agency; or

(2) any person submits a petition to the commissioner requesting that the decision be made by the agency and the commissioner grants the petition.

If the commissioner denies a petition submitted under clause (2), the commissioner shall advise the agency and the petitioner of the reasons for the denial.

Sec. 4. Minnesota Statutes 1995 Supplement, section 116.02, is amended by adding a subdivision to read:

Subd. 9. The commissioner shall inform interested persons as appropriate in public notices and other public documents of their right to request the agency to make decisions in specific matters provided in subdivision 6 and the right of agency members to request that decisions be made by the agency as provided in subdivision 8. The commissioner shall also regularly inform the agency of activities that have broad policy implications or potential environmental significance and of activities in which the public has exhibited substantial interest.

Sec. 5. Minnesota Statutes 1994, section 116.03, as amended by Laws 1995, chapters 186, section 31, and 248, article 11, section 7, is amended to read:

116.03 [COMMISSIONER.]

Subdivision 1. (a) The office of commissioner of the pollution control agency is created and is under the supervision and control of the commissioner, who is appointed by the governor under the provisions of section 15.06.


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(b) The commissioner may appoint a deputy director and an assistant commissioner and assistant commissioners who shall be in the unclassified service.

(c) The commissioner shall make all decisions on behalf of the agency that are not required to be made by the agency under section 116.02.

Subd. 2. The commissioner shall organize the agency and employ such assistants and other officers, employees and agents as the commissioner may deem necessary to discharge the functions of the commissioner's office, define the duties of such officers, employees and agents, and delegate to them any of the commissioner's powers, duties, and responsibilities, subject to the commissioner's control and under such conditions as the commissioner may prescribe. The commissioner may also contract with persons, firms, corporations, the federal government and any agency or instrumentality thereof, the water research center of the University of Minnesota or any other instrumentality of such university, for doing any of the work of the commissioner's office, and none of the provisions of chapter 16B, relating to bids, shall apply to such contracts. All personnel employed and all contracts entered into pursuant to this subdivision shall be subject to the approval of the pollution control agency. Agreements to exercise delegated powers shall be by written order filed with the secretary of state. An employee of the state commissioner of health engaged in environmental sanitation work may transfer to the pollution control agency with the approval of the commissioner. Under such a transfer the employee shall be assigned to a position of similar responsibility and pay without loss of seniority, vacation, sick leave, or other benefits under the state civil service act.

Subd. 2a. [MISSION; EFFICIENCY.] It is part of the agency's mission that within the agency's resources the commissioner and the members of the agency shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's resources and operate the agency as efficiently as possible;

(3) coordinate the agency's activities wherever appropriate with the activities of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve customer service, increase public access to information about government, and increase public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent otherwise required by chapters 43A and 179A;

(6) include specific objectives in the performance report required under section 15.91 to increase the efficiency of agency operations, when appropriate; and

(7) recommend to the legislature, in the performance report of the agency required under section 15.91, appropriate changes in law necessary to carry out the mission of the agency.

Subd. 3. The commissioner of the pollution control agency is the state agent to apply for, receive, and disburse federal funds made available to the state by federal law or rules and regulations promulgated thereunder for any purpose related to the powers and duties of the pollution control agency or the commissioner. The commissioner shall comply with any and all requirements of such federal law or such rules and regulations promulgated thereunder to facilitate application for, receipt, and disbursement of such funds. All such moneys received by the commissioner shall be deposited in the state treasury and are hereby annually appropriated to the commissioner for the purposes for which they are received. None of such moneys in the state treasury shall cancel and they shall be available for expenditure in accordance with the requirements of federal law.

The provisions of section 3.3005 shall not apply to money available under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, United States Code, title 42, sections 9601 to 9657, for which a state match is not required or for which a state match is available under the Environmental Response and Liability Act or from a political subdivision. The receipt of the money shall be reported to the legislative advisory commission.

Subd. 4. Before entering upon the duties of the office the commissioner of the pollution control agency shall take and subscribe an oath.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6523

Subd. 5. The salary of the commissioner of the pollution control agency shall be prescribed by the governor, unless otherwise fixed by law.

Subd. 6. The term of the first director of the pollution control agency shall expire with the term of the governor expiring in January, 1971. Thereafter, the term of the commissioner shall be in conformity with the provisions of this section.

Sec. 6. Minnesota Statutes 1994, section 514.673, subdivision 3, is amended to read:

Subd. 3. [APPROVAL BY AGENCY OR PETROLEUM TANK RELEASE COMPENSATION BOARD.] (a) The commissioner may not file an environmental lien notice until the agency board for cleanup action expenses incurred under chapter 115B, or the petroleum tank release compensation board for cleanup action expenses incurred under chapter 115C, the person referred to in section 514.672, subdivision 1, and each record owner and mortgagee of the real property have been notified in writing of the commissioner's intention to file the lien notice and the requirements for filing the lien under paragraph (b) have been met.

(b) By 30 days after receiving notification from the commissioner under paragraph (a), the agency board or petroleum tank release compensation board, after notice and opportunity for the person referred to in section 514.672, subdivision 1, to appear before the appropriate board, shall approve or disapprove of the filing of the lien by the commissioner. If the appropriate board disapproves of the filing, the lien may not be filed. If the appropriate board approves of the filing or, in the case of the petroleum tank release compensation board, takes no action on the matter within the 30-day period, the commissioner may file the lien notice."

Delete the title and insert:

"A bill for an act relating to state government; clarifying powers of the pollution control agency board and commissioner; amending Minnesota Statutes 1994, sections 116.03, as amended; and 514.673, subdivision 3; Minnesota Statutes 1995 Supplement, section 116.02, by adding subdivisions."

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. 2193, A bill for an act relating to the council on affairs of Spanish speaking people; changing its name, composition, and certain powers; providing for appointments; amending Minnesota Statutes 1994, section 3.9223.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 3.922, subdivision 3, is amended to read:

Subd. 3. [COMPENSATION; EXPENSES; EXPIRATION.] Compensation of nonlegislator members is as provided in section 15.059, but the expiration dates provided in that section do not apply. Expenses of the council shall must be approved by two of any three members of the council designated by the council and then be paid in the same manner as other state expenses. The executive secretary shall inform the commissioner of finance in writing of the names of the persons authorized to approve expenses.

Sec. 2. Minnesota Statutes 1994, section 3.922, subdivision 8, is amended to read:

Subd. 8. [ADVISORY COUNCIL.] An advisory council on urban Indians is created to shall advise the board on the unique problems and concerns of Minnesota Indians who reside in urban areas of the state. The council shall must be appointed by the board and consist of five Indians residing in the vicinity of Minneapolis, St. Paul, and Duluth. At least one member of the council shall must be a resident of each city. The terms, compensation, and removal of members are as provided in section 15.059, but the expiration dates provided in that section do not apply.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6524

Sec. 3. Minnesota Statutes 1994, section 3.9223, is amended to read:

3.9223 [COUNCIL ON AFFAIRS OF SPANISH-SPEAKING CHICANO/LATINO PEOPLE.]

Subdivision 1. [MEMBERSHIP.] A The state council on affairs of Spanish-speaking Chicano/Latino people is created to consist consists of seven 11 members appointed by the governor, including eight members representing each of the state's congressional districts and three members appointed at large. The demographic composition of the council members shall must accurately reflect the demographic composition of Minnesota's Spanish-speaking Chicano/Latino community, including migrant workers, as determined by the state demographer. Membership, terms, compensation, removal of members, and filling of vacancies are as provided in section 15.0575. Compensation of members is as provided in section 15.059, subdivision 3. Two members of the house of representatives appointed by the speaker and two members of the senate appointed by the subcommittee on committees of the committee on rules and administration shall serve as nonvoting members of the council. The council shall annually elect from its membership a chair and other officers it deems necessary.

Subd. 2. [SPANISH-SPEAKING CHICANO/LATINO PEOPLE.] For purposes of subdivisions 3 to 7, the term "Spanish-speaking Chicano/Latino person" means a person who uses Spanish as a primary method of communication or who is a spouse of a person who does was born in, or whose ancestors are from, Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Peru, Panama, Paraguay, Puerto Rico, Uruguay, or Venezuela.

Subd. 3. [DUTIES.] The council shall:

(a) (1) advise the governor and the legislature on the nature of the issues and disabilities confronting Spanish-speaking Chicano/Latino people in this state, including the unique problems encountered by Spanish-speaking Chicano/Latino migrant agricultural workers;

(b) (2) advise the governor and the legislature on statutes or rules necessary to ensure Spanish-speaking Chicano/Latino people access to benefits and services provided to people in this state;

(c) (3) recommend to the governor and the legislature legislation to improve the economic and social condition of Spanish-speaking Chicano/Latino people in this state;

(d) (4) serve as a conduit to state government for organizations of Spanish-speaking Chicano/Latino people in the state;

(e) (5) serve as a referral agency to assist Spanish-speaking Chicano/Latino people to secure access to state agencies and programs;

(f) (6) serve as a liaison with the federal government, local government units, and private organizations on matters relating to the Spanish-speaking Chicano/Latino people of this state;

(g) (7) perform or contract for the performance of studies designed to suggest solutions to problems of Spanish-speaking Chicano/Latino people in the areas of education, employment, human rights, health, housing, social welfare, and other related programs;

(h) (8) implement programs designed to solve problems of Spanish-speaking Chicano/Latino people when authorized by other statute, rule, or order; and

(i) review data provided by the commissioner of human services under section 257.072, subdivision 5, and present recommendations on the out-of-home placement of children of Hispanic people. Recommendations must be presented to the commissioner and the legislature by February 1, 1990; November 1, 1990; and November 1 of each year thereafter; and

(j) (9) publicize the accomplishments of Spanish-speaking Chicano/Latino people and their contributions to this state.

Subd. 4. [REVIEW AND RECOMMENDATION AUTHORITY.] All applications for the receipt of federal money and proposed rules of a state agency which that will have their primary effect on Spanish-speaking Chicano/Latino people shall must be submitted to the council for review and recommendation at least 15 days before submission to a federal agency or initial publication in the State Register.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6525

Subd. 5. [POWERS.] The council may contract in its own name. Contracts shall must be approved by a majority of the members of the council and executed by the chair and the executive director. The council may apply for, receive, and expend in its own name grants and gifts of money consistent with the power and duties specified in this section.

The council shall appoint, subject to the approval of the governor, an executive director who is experienced in administrative activities and familiar with the problems and needs of Spanish-speaking Chicano/Latino people. The council may delegate to the executive director powers and duties under this section which that do not require council approval. The executive director and council staff serve in the unclassified service. The executive director may be removed at any time by a majority vote of the entire council. The executive director shall recommend to the council the appropriate staffing necessary to carry out its duties. The commissioner of administration shall provide the council with necessary administrative services.

Subd. 6. [STATE AGENCY ASSISTANCE.] Other state agencies shall supply the council upon request with advisory staff services on matters relating to the jurisdiction of the council. The council shall cooperate and coordinate its activities with other state agencies to the highest possible degree.

Subd. 7. [REPORT.] The council shall prepare and distribute a report to the governor and legislature by November 15 of each even-numbered year. The report shall summarize the activities of the council since its last report, list receipts and expenditures, identify the major problems and issues confronting Spanish-speaking Chicano/Latino people, and list the specific objectives which that the council seeks to attain during the next biennium.

Sec. 4. Minnesota Statutes 1994, section 3.9225, subdivision 1, is amended to read:

Subdivision 1. [CREATION.] A state council on Black Minnesotans consists of 11 members appointed by the governor. The members of the council must be broadly representative of the Black community of the state and include at least five males and at least five females. Membership terms, compensation, removal of members, and filling of vacancies for nonlegislative members are as provided in section 15.059 15.0575. Two members of the house of representatives appointed by the speaker and two members of the senate appointed by the subcommittee on committees of the committee on rules and administration shall serve as nonvoting members of the council. The council shall annually elect from its membership a chair and other officers it deems necessary.

Sec. 5. Minnesota Statutes 1994, section 3.9226, subdivision 1, is amended to read:

Subdivision 1. [CREATION MEMBERSHIP.] The state council on Asian-Pacific Minnesotans consists of 15 23 members. Eleven Nineteen members are appointed by the governor and must be broadly representative of the Asian-Pacific community of the state. The governor shall appoint two additional members in 1992, one each representing the communities of people from Malaysia and Sri Lanka, and six more additional members in 1993, one each representing the communities of people from Afghanistan, Bangladesh, Myanmar, Pakistan, Singapore, and Tibet, so that after 1993 the council consists of 23 members with 19 appointed by the governor. Each Asian-Pacific ethnic community from the area described in subdivision 2 may be represented by no more than one council member. In making appointments, the governor shall consider an appointee's proven dedication and commitment to the Asian-Pacific community and any special skills possessed by the appointee that might be beneficial to the council, including at a minimum experience in public policy, legal affairs, social work, business, management, or economics. Terms, compensation, removal, and filling of vacancies for appointed members are as provided in section 15.059 15.0575. Two members of the house of representatives appointed under the rules of the house of representatives and two members of the senate appointed under the rules of the senate shall serve as nonvoting members of the council. In making legislative appointments, the speaker of the house of representatives and the subcommittee on committees of the committee on rules and administration of the senate shall consult with the council in an effort to select appointees knowledgeable and interested in the affairs of the Asian-Pacific community. The council shall annually elect from its membership a chair and other officers it deems necessary. The council shall encourage Asian-Pacific ethnic communities and organizations to designate persons to serve as liaisons with the council. Liaisons may participate in council meetings, but may not vote, and may serve on council committees.

The council shall adopt rules to implement designation of Asian-Pacific ethnic communities to be represented with seats on the council.

Sec. 6. Minnesota Statutes 1994, section 3.9226, subdivision 2, is amended to read:

Subd. 2. [DEFINITION.] For the purpose of this section, the term Asian-Pacific means a person whose ethnic heritage is from any of the countries in Asia east of, and including, Afghanistan, or the Pacific Islands.


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Sec. 7. Minnesota Statutes 1994, section 3.9226, subdivision 3, is amended to read:

Subd. 3. [DUTIES.] The council shall:

(1) advise the governor and the legislature on issues confronting Asian-Pacific people in this state, including the unique problems of non-English-speaking immigrants and refugees;

(2) advise the governor and the legislature of administrative and legislative changes necessary to ensure that Asian-Pacific people have access to benefits and services provided to people in this state;

(3) recommend to the governor and the legislature any revisions in the state's affirmative action program and other steps that are necessary to eliminate underutilization of Asian-Pacific people in the state's work force;

(4) recommend to the governor and the legislature legislation to improve the economic and social condition of Asian-Pacific people in this state;

(5) serve as a conduit to state government for organizations of Asian-Pacific people in the state;

(6) serve as a referral agency to assist Asian-Pacific people to secure access to state agencies and programs;

(7) serve as a liaison with the federal government, local government units, and private organizations on matters relating to the Asian-Pacific people of this state;

(8) perform or contract for the performance of studies designed to suggest solutions to the problems of Asian-Pacific people in the areas of education, employment, human rights, health, housing, social welfare, and other related areas;

(9) implement programs designed to solve the problems of Asian-Pacific people when authorized by other law;

(10) publicize the accomplishments of Asian-Pacific people and their contributions to this state;

(11) work with other state and federal agencies and organizations to develop small business opportunities and promote economic development for Asian-Pacific Minnesotans;

(12) supervise development of an Asian-Pacific trade primer, outlining Asian and Pacific customs, cultural traditions, and business practices, including language usage, for use by Minnesota's export community; and

(13) cooperate with other state and federal agencies and organizations to develop improved state trade relations with Asian and Pacific countries; and

(14) review data provided by the commissioner of human services under section 257.072, subdivision 5, and present recommendations on the out-of-home placement of Asian-Pacific children. Recommendations must be presented to the commissioner and the legislature by February 1, 1990; November 1, 1990; and November 1 of each year thereafter.

Sec. 8. Minnesota Statutes 1994, section 3.9226, subdivision 5, is amended to read:

Subd. 5. [POWERS.] (a) The council may contract in its own name but may not accept or receive a loan or incur indebtedness except as otherwise provided by law. Contracts must be approved by a majority of the members of the council and executed by the chair and the executive director. The council may apply for, receive, and expend in its own name grants and gifts of money consistent with the powers and duties specified in this section.

(b) The council shall appoint an executive director who is experienced in administrative activities and familiar with the problems and needs of Asian-Pacific people. The council may delegate to the executive director powers and duties under this section that do not require council approval. The executive director serves in the unclassified service and may be removed at any time by the council. The executive director shall recommend to the council, and the council may appoint the appropriate staff necessary to carry out the duties of the council. All staff members serve in the unclassified service. The commissioner of administration shall provide the council with necessary administrative services.


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Sec. 9. [EFFECTIVE DATE.]

Sections 1 to 8 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to state councils; changing provisions governing the Indian affairs council, the councils on Black Minnesotans and Asian-Pacific Minnesotans, and the council on affairs of Spanish-speaking people; amending Minnesota Statutes 1994, sections 3.922, subdivisions 3 and 8; 3.9223; 3.9225, subdivision 1; and 3.9226, subdivisions 1, 2, 3, and 5."

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. 2207, A bill for an act relating to the environment; adopting changes to the Midwest Interstate Compact on Low-Level Radioactive Waste; making conforming changes; amending Minnesota Statutes 1994, sections 116C.831; 116C.832, subdivision 1, and by adding a subdivision; 116C.833, subdivision 2; 116C.834, subdivision 1, and by adding a subdivision; 116C.835, subdivision 6; 116C.836, subdivision 2; and 116C.842, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 116C; repealing Minnesota Statutes 1994, sections 116C.832, subdivisions 2, 7, and 8; 116C.837; 116C.839; 116C.840, subdivision 3; 116C.841; 116C.842, subdivisions 1, 2, and 3; 116C.845; 116C.846; 116C.847; and 116C.848.

Reported the same back with the following amendments:

Page 13, line 8, after the semicolon, insert "and"

Page 33, line 14, after the semicolon, insert "or"

Page 41, line 2, after the semicolon, insert "or"

Page 45, line 35, delete the first "of" and delete "of the following:" and insert "from"

Page 45, line 36, delete the first comma and insert "and" and after ", and" insert "two representatives from"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2212, A bill for an act relating to public safety; regulating public safety officer's survival benefits; providing educational benefits for certain surviving children.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [AUTHORIZATION OF EDUCATIONAL BENEFITS.]

Subdivision 1. [ELIGIBILITY.] A person is eligible for educational benefits under Minnesota Statutes, section 299A.45, if the person:

(1) is the surviving child of a volunteer firefighter killed in the line of duty on November 18, 1985;


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6528

(2) was born on March 24, 1969, July 23, 1970, or May 24, 1973; and

(3) received survivor benefits under Minnesota Statutes, section 299A.44, but, through no fault of the person, was not awarded educational benefits before reaching age 23.

Subd. 2. [AWARD OF BENEFITS.] Notwithstanding the age qualification in Minnesota Statutes, section 299A.45, the commissioner of public safety shall, within 30 days of the effective date, award educational benefits to any person who meets the eligibility criteria set out in subdivision 1. Benefits awarded under this section are renewable in accordance with section 299A.45, subdivision 4.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment. Authority to pay or renew benefits under section 1 expires five years from the effective date."

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

The report was adopted.

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

H. F. No. 2218, A bill for an act relating to state government; modifying performance report requirements; requiring that interagency bills be paid promptly; prohibiting state agencies from undertaking capital improvements without legislative authority; conforming certain leased space requirements to existing law; requiring that state agencies comply with certain information policy office requirements regarding information systems equipment and data collection; modifying revolving fund authority; increasing resource recovery goals; modifying collection requirements; amending Minnesota Statutes 1994, sections 16A.055, subdivision 1; 16A.124, subdivision 7, and by adding a subdivision; 16B.30; 16B.31, subdivision 6; 16B.41, by adding a subdivision; 16B.48, subdivision 2; and 115A.151; Minnesota Statutes 1995 Supplement, sections 15.91, subdivision 2; and 115A.15, subdivision 9.

Reported the same back with the following amendments:

Page 5, line 29, delete "50" and insert "60"

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. 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; 116J.655; 116N.03, subdivision 2; and 116N.06; repealing Minnesota Statutes 1994, sections 116J.981; 116N.01, subdivision 2; 116N.02, subdivisions 2, 3, 4, and 5; 116N.04; and 116N.07; Minnesota Statutes 1995 Supplement, section 116N.02, subdivision 1; Minnesota Rules, part 4370.0010, subpart 3.

Reported the same back with the following amendments:

Page 5, line 17, delete the new language

Page 5, line 20, reinstate the stricken language and delete the new period


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6529

Page 5, line 21, reinstate the stricken "(19) prepare, as part of biennial budget process"

Page 5, line 22, reinstate the stricken ", performance measures"

Page 5, lines 23 to 28, reinstate the stricken language

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. 2267, A bill for an act relating to transportation; authorizing metropolitan council to expand highway corridor uses for money from its right-of-way acquisition loan fund; amending Minnesota Statutes 1994, section 473.167, subdivision 2a; Minnesota Statutes 1995 Supplement, section 473.167, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 14, delete the new language

Page 3, line 24, delete the new language

Page 4, line 8, delete the new language

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 2268, A bill for an act relating to housing; providing for community rehabilitation and affordable rental investment programs; requiring local approval for certain housing projects; providing for the renewal of blighted multiunit residential property; authorizing bonds; providing for homeless assistance; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 462A.

Reported the same back with the following amendments:

Page 1, delete section 1

Page 1, line 19, delete "462A.062" and insert "462A.061"

Page 1, line 21, delete "to 462A.063" and insert "and 462A.062"

Page 2, line 14, delete "462A.063" and insert "462A.062"

Page 3, delete lines 27 to 33 and insert:

"Subd. 3. [CONCENTRATED MULTIUNIT PROPERTY.] $4,000,000 is for the community rehabilitation program for the purpose of acquiring, demolishing, removing, rehabilitating, and reconfiguring substandard multiple-unit residential rental property to reduce concentrations of multiple-unit rental housing if there is a demonstrated need for smaller units to be replaced by fewer, larger units of comparable total size. The appropriation must be used in areas that have a plan to revitalize a specific area of the community by acquiring, demolishing, removing, rehabilitating, and reconfiguring substandard multiple-unit rental housing.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6530

Subd. 4. [CONCENTRATED MULTIUNIT PROPERTY.] $1,000,000 is for the community rehabilitation program for the purpose of acquiring, demolishing, removing, rehabilitating, and reconfiguring multiple-unit residential rental property to reduce concentrations of substandard multiple-unit rental housing. Priority shall be given to projects that result in the creation of housing opportunities that will increase the tax base and the income mix within a community."

Page 3, line 34, delete "4." and insert "5."

Page 4, line 1, delete "5." and insert "6."

Renumber the sections in sequence

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.

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

H. F. No. 2296, A bill for an act relating to state government; modifying membership requirements for the compensation council; amending Minnesota Statutes 1994, section 15A.082, subdivision 2.

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

The report was adopted.

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

H. F. No. 2298, A bill for an act relating to government efficiency; extending the effective period of certain exemptions granted by the board of government innovation and cooperation; granting independent school district No. 2134, United South Central, a waiver from a law related to elections; amending Minnesota Statutes 1995 Supplement, section 465.797, subdivision 5.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Governmental Operations without further recommendation.

The report was adopted.

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

H. F. No. 2321, A bill for an act relating to the metropolitan airports commission; prohibiting free parking; amending Minnesota Statutes 1994, section 473.608, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 12, before the period, insert "who are at the terminal on official business"

Page 1, line 16, after the first "commission" insert "or performing volunteer work"

With the recommendation that when so amended the bill pass.

The report was adopted.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6531

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

H. F. No. 2351, A bill for an act relating to the environment; providing that no permits may be issued for certain projects on the Mississippi river; amending Minnesota Statutes 1994, section 116G.151; Minnesota Statutes 1995 Supplement, section 116G.15; proposing coding for new law in Minnesota Statutes, chapter 116G.

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

The report was adopted.

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 2352, A bill for an act relating to capital improvements; appropriating money for the restoration of the Milwaukee Road Depot in Montevideo; authorizing the sale of state bonds.

Reported the same back with the following amendments:

Page 1, lines 7 and 14, delete "$650,000" and insert "$713,000"

Page 1, line 8, delete everything before "to" and insert "Minnesota historical society"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2371, A bill for an act relating to human services; providing for a pilot project to coordinate community violence prevention programs for African American children; appropriating money.

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

The report was adopted.

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

H. F. No. 2377, A bill for an act relating to state government; repealing obsolete laws; repealing Minnesota Statutes 1994, sections 1.17; 1.25; 1.331; 3.85, subdivision 7; 4.02; 4.45; 5.02; 6.26; 6.46; 10.05; 10.38; 12.01; 15.07; 15.09; 15.10; 15.14; 15.15; 15.793; 15A.083, subdivisions 2 and 3; 15A.15; 16B.185; 17.14, subdivision 2; 17.23; 17.351, subdivision 2; 17.47, subdivision 5; 17.53, subdivisions 4 and 11; 17.693, subdivisions 3 and 7; 17.81, subdivision 6; 17.981; 17A.03, subdivision 4; 17B.02, subdivision 4; 18.46, subdivisions 8 and 14; 18.58; 18.77, subdivisions 2 and 11; 18.79, subdivisions 7 and 8; 18B.01, subdivision 16; 18B.065, subdivision 6; 18B.08; 18B.135, subdivision 2; 18B.39; 18C.005, subdivision 24; 18C.105; 18C.115, subdivision 2; 18C.121, subdivisions 2 and 3; 18C.141, subdivision 6; 18C.205, subdivision 5; 18C.531, subdivisions 6, 11, 19, 20, and 27; 18C.535, subdivisions 2 and 3; 18C.575; 18D.01, subdivision 8; 19.50, subdivision 16; 19.64, subdivision 5; 21.72, subdivision 2; 21.81, subdivisions 6 and 18; 24.135, subdivisions 6 and 7; 24.165; 25.33, subdivision 2; 25.44; 25.46; 27.01; 27.137, subdivisions 2, 3, 4, 6, 8, and 10; 27.15; 29.21, subdivision 2; 30.01, subdivision 2; 31.01, subdivision 2; 31.51, subdivisions 10 and 12; 31.782, subdivision 2; 31.92, subdivision 1a; 31A.02, subdivision 3; 31A.30; 31B.02; 32.01, subdivisions 3 and 4; 32.077; 32.101; 32.201; 32.205; 32.207; 32.398, subdivision 2; 32.401, subdivision 4; 32.411, subdivision 6; 32.471, subdivision 2; 32.485; 32.531, subdivisions 2, 3, and 4; 35.01; 35.73; 42.02, subdivision 2; 42.06, subdivision 4; 42.09, subdivision 3; 43A.082; 43A.27, subdivision 6; 43A.317, subdivision 11; 43A.47; 47.202; 62D.12, subdivision 12; 84.024; 84.083, subdivision 2; 84.154; 84.155; 84.157; 84.161; 84.521; 85.014; 87.01; 89.013; 89.014; 90.005, subdivisions 1, 4, and 5; 103B.155; 115A.06, subdivision 4; 115A.08; 115A.09; 115A.14, subdivisions 1, 2, and 3; 115A.175; 115A.18; 115A.19; 115A.191; 115A.192; 115A.193; 115A.194;


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6532

115A.195; 115A.20; 115A.201; 115A.21; 115A.22; 115A.24; 115A.241; 115A.25; 115A.26; 115A.27; 115A.28; 115A.29; 115A.291; 115A.30; 115A.301; 115A.31; 115A.908, subdivisions 1 and 2; 115A.97, subdivision 4; 116J.974; 116J.981; 116J.986; 118.02; 118.08; 119.04, subdivision 4; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; 136A.179; 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 137.15; 137.33; 137.34, subdivision 2; 141.33; 141.34; 148B.34; 152.151; 161.041; 161.086; 166.01; 166.02; 166.03; 166.05; 166.06; 166.07; 166.08; 166.09; 166.10; 169.72, subdivision 3; 175.001, subdivision 5; 175.002; 175.003; 175.004; 175.005; 175.006, subdivision 4; 175.34; 176.1011; 177.34; 186.01; 186.02; 186.03; 186.04; 186.05; 186.06; 186.07; 186.08; 190.10; 191.09; 193.145, subdivision 1; 196.06, subdivision 2; 196.07; 196.10; 196.11; 196.14; 196.15; 197.60, subdivision 5; 197.971; 197.972; 197.973; 197.974; 197.975; 197.976; 197.977; 197.978; 197.979; 197.98; 197.981; 197.982; 197.983; 197.984; 197.985; 197.986; 198.002, subdivision 4; 201.023; 201.071; 201.081; 201.091; 201.096; 201.11; 201.12; 201.121; 201.13; 201.14; 201.15, subdivision 2; 201.161; 201.1611; 201.162; 201.171; 201.195; 201.211; 201.221; 201.27; 202A.17; 202A.20; 216B.39, subdivision 6; 216C.19, subdivisions 10, 11, and 12; 216C.21; 216C.22; 216C.23; 216C.24; 216C.33; 237.57; 237.5799; 237.58; 237.59; 237.60; 237.61; 237.62; 237.625; 246.44; 246.45; 246.46; 251.011; 254.02; 256B.56; 256B.57; 256B.58; 256B.59; 256B.60; 256B.61; 256B.62; 256B.63; 256E.07, subdivision 1a; 256E.08, subdivision 9; 261.251; 275.064; 280.12; 280.13; 280.25; 280.26; 281.15; 281.26; 281.27; 290.06, subdivision 21; 290.092; 295.01; 295.37; 295.39; 295.40; 295.41; 295.42; 295.43; 297A.14, subdivision 3; 297A.24, subdivision 2; 298.226; 298.244; 299D.01, subdivision 5; 299F.01, subdivision 3; 345.20, subdivision 6; 352B.265; 353.011; 367.411; 367.43; 373.013; 373.045; 374.03; 374.04; 374.06; 374.07; 374.22; 374.23; 375.24; 375.383; 375.435; 377.01; 377.03; 377.05; 383A.01; 383A.07, subdivisions 11, 21, 22, and 25; 383A.09; 383A.10; 383A.15; 383A.301; 383A.34; 383A.44; 383A.551; 383A.552; 383A.553; 383A.554; 383A.555; 383A.556; 383B.227; 383B.233; 383B.69; 383C.054; 383C.057; 383C.058; 383D.15; 383D.34; 383D.67; 386.375, subdivision 6; 388.19, subdivision 2; 390.26; 397.05; 397.06; 397.07; 397.08; 397.09; 397.10; 397.101; 397.102; 412.015, subdivision 1; 412.018, subdivision 2; 412.023, subdivision 4; 412.092; 441.01; 441.02; 441.03; 441.04; 441.05; 441.06; 441.07; 441.08; 441.09; 446A.10; 457.13; 458.1931; 458D.01; 458D.13; 462A.02; 462A.222, subdivision 4; 465.681; 466.10; 466.12, subdivision 4; 469.124; 469.134; 471.74, subdivisions 1 and 3; 471.9975; 471.998; 471.9981; 471A.07; 473.204; 473.418; 473.608, subdivision 20; 473.855; 474.22; 475.75; 477A.011, subdivision 2; 477A.012, subdivisions 1, 3, 4, 7, and 8; 477A.013, subdivision 6; 477A.014, subdivision 1a; 487.12; 515B.1-110; 515B.1-111; 557.022; 611A.07, subdivision 2; 611A.23; 611A.42; 611A.44; 625.01; 625.02; 625.03; 625.04; 625.05; 625.06; 625.07; 625.08; 625.09; 625.10; 625.11; 625.12; 625.13; 625.14; 625.15; 625.16; 625.17; 625.18; 626.559, subdivisions 2, 3, 4, and 5; 626.563; 626.855; and 641.111; Minnesota Statutes 1995 Supplement, sections 17A.091, subdivision 2; 115A.14, subdivision 4; 115A.908, subdivision 3; 124B.01; 124B.03; 124B.20, subdivision 1; 135A.10, subdivision 1; 136A.043; 201.022, subdivision 2; 201.15, subdivision 1; 471.74, subdivision 2; 474.191; 475.53, subdivision 6; 477A.012, subdivision 2; and 626.559, subdivision 1.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Governmental Operations without further recommendation.

The report was adopted.

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

H. F. No. 2379, A bill for an act relating to natural resources; modifying the provisions for the control and management of exotic species; providing penalties; amending Minnesota Statutes 1994, section 97A.211, subdivisions 1 and 2; Minnesota Statutes 1995 Supplement, sections 84.027, subdivision 13; 97A.205; and 97A.221, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 84D; repealing Minnesota Statutes 1994, sections 84.967; 84.968, subdivision 2; 84.969; 84.9692, subdivisions 3, 4, 5, and 6; 84.996; and 103G.617; Minnesota Statutes 1995 Supplement, sections 18.316; 18.317; 84.968, subdivision 1; 84.9691; 84.9692, subdivisions 1, 1a, and 2; and 86B.401, subdivision 11.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"ARTICLE 1

HARMFUL EXOTIC SPECIES

Section 1. [84D.01] [DEFINITIONS.]

Subdivision 1. [TERMS.] For the purposes of this chapter, the following terms have the meanings given them.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6533

Subd. 2. [AQUATIC MACROPHYTE.] "Aquatic macrophyte" means a nonwoody plant, either a submerged, floating leafed, floating, or emergent plant that naturally grows in water or hydric soils.

Subd. 3. [COMMISSIONER.] "Commissioner" means the commissioner of the department of natural resources.

Subd. 4. [DEPARTMENT.] "Department" means the department of natural resources.

Subd. 5. [HARMFUL EXOTIC SPECIES.] "Harmful exotic species" means a species of exotic wild animal or exotic aquatic plant that:

(1) can naturalize;

(2) causes or may cause displacement of, or otherwise threaten, native species in their natural communities; and

(3) threatens or may threaten natural resources or their use in the state.

Subd. 6. [EXOTIC SPECIES.] "Exotic species" means a wild animal species or aquatic plant species that is not a native species.

Subd. 7. [EURASIAN WATER MILFOIL.] "Eurasian water milfoil" means Myriophyllum spicatum.

Subd. 8. [INFESTED WATERS.] "Infested waters" means waters of the state designated in rules adopted by the commissioner under section 84D.12.

Subd. 9. [INTRODUCTION.] "Introduction" means the release or escape of an exotic species into a free-living state.

Subd. 10. [LIMITED INFESTATION OF EURASIAN WATER MILFOIL.] "Limited infestation of Eurasian water milfoil" means a body of water designated in rules adopted by the commissioner under section 84D.12.

Subd. 11. [NATIVE SPECIES.] "Native species" means an animal or plant species naturally present and reproducing within this state or that naturally expands from its historic range into this state.

Subd. 12. [NATURALIZE.] "Naturalize" means to establish a self-sustaining population of exotic species in the wild outside of its natural range.

Subd. 13. [PURPLE LOOSESTRIFE.] "Purple loosestrife" means Lythrum salicaria, Lythrum virgatum, or combinations thereof.

Subd. 14. [TRANSPORT.] "Transport" means to cause or attempt to cause a species to be carried or moved into or within the state, and includes accepting or receiving the species for transportation or shipment. Transport does not include the unintentional transport of a species within a water of the state or to a connected water of the state where the species being transported is already present.

Subd. 15. [PROHIBITED EXOTIC SPECIES.] "Prohibited exotic species" means an exotic species that has been designated in a rule adopted by the commissioner under section 84D.12.

Subd. 16. [WATERCRAFT.] "Watercraft" means a contrivance used or designed for navigation on water and includes seaplanes.

Subd. 17. [WATERS OF THE STATE.] "Waters of the state" has the meaning given in section 97A.015, subdivision 54.

Subd. 18. [WILD ANIMAL.] "Wild animal" means a living creature, not human, wild by nature, endowed with sensation and power of voluntary motion.

Subd. 19. [ZEBRA MUSSEL.] "Zebra mussel" means a species of the genus Dreissena.

Sec. 2. [84D.02] [HARMFUL EXOTIC SPECIES MANAGEMENT PROGRAM.]

Subdivision 1. [ESTABLISHMENT.] The commissioner shall establish a statewide program to prevent and curb the spread of harmful exotic species. The program must provide for coordination among governmental entities and private organizations to the extent practicable. The commissioner shall seek available federal funding and grants for the program.


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Subd. 2. [PURPLE LOOSESTRIFE AND EURASIAN WATER MILFOIL PROGRAMS.] (a) The program required in subdivision 1 must include specific programs to curb the spread and manage the growth of purple loosestrife and Eurasian water milfoil. These programs must include:

(1) compiling inventories and monitoring the growth of purple loosestrife and Eurasian water milfoil in the state, for which the commissioner may use volunteers;

(2) publication and distribution of informational materials to boaters and lakeshore owners;

(3) cooperative research with the University of Minnesota and other public and private research facilities to study the use of nonchemical control methods, including biological control methods; and

(4) managing the growth of Eurasian water milfoil and purple loosestrife in coordination with appropriate local units of government, special purpose districts, and lakeshore associations, to include providing requested technical assistance.

(b) The commissioners of agriculture and transportation shall cooperate with the commissioner to establish, implement, and enforce the purple loosestrife program.

Subd. 3. [MANAGEMENT PLAN.] The commissioner shall prepare a long-term plan, which may include specific plans for individual species, for the statewide management of harmful exotic species. The plan must address:

(1) coordinated detection and prevention of accidental introductions;

(2) coordinated dissemination of information about harmful exotic species among resource management agencies and organizations;

(3) a coordinated public education and awareness campaign;

(4) coordinated control of selected harmful exotic species on lands and public waters;

(5) participation by lake associations, local citizen groups, and local units of government in the development and implementation of local management efforts;

(6) a reasonable and workable inspection requirement for watercraft and equipment including those participating in organized events on the waters of the state;

(7) the closing of points of access to infested waters for a total of not more than seven days during the open water season for control or eradication purposes;

(8) maintenance on infested waters of public accesses reasonably free of aquatic macrophytes; and

(9) notice to travelers of the penalties for violation of laws relating to harmful exotic species.

Subd. 4. [INSPECTION OF WATERCRAFT.] The commissioner shall authorize personnel to randomly inspect, between May 1 and October 15 for a minimum of 20,000 hours, watercraft and associated equipment, including weed harvesters, that leave or are removed from infested waters.

Subd. 5. [REGIONAL COOPERATION.] The commissioner shall seek cooperation with other states and Canadian provinces for the purposes of management and control of harmful exotic species.

Subd. 6. [ANNUAL REPORT.] By January 15 each year, the commissioner shall submit a report on harmful exotic species to the legislative committees having jurisdiction over environmental and natural resource issues. The report must include:

(1) detailed information on expenditures for administration, education, management, inspections, and research;

(2) an analysis of the effectiveness of management activities conducted in the state, including chemical control, harvesting, educational efforts, and inspections;


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6535

(3) information on the participation of other state agencies, local government units, and interest groups in control efforts;

(4) information on management efforts in other states;

(5) information on the progress made in the management of each species; and

(6) an assessment of future management needs.

Sec. 3. [84D.03] [INFESTED WATERS; LIMITED INFESTATIONS OF EURASIAN WATER MILFOIL.]

Subdivision 1. [INFESTED WATERS.] The commissioner shall designate a water of the state as an infested water if the commissioner determines that the water contains a harmful exotic species that could spread to other waters if use of the water and related activities are not regulated to prevent this.

Subd. 2. [LIMITED INFESTATIONS OF EURASIAN WATER MILFOIL.] (a) The commissioner shall designate a water of the state as a limited infestation of Eurasian water milfoil if:

(1) the commissioner determines that Eurasian water milfoil occupies less than 20 percent of the littoral area of the water, up to a maximum of ten acres;

(2) mechanical harvesting is not used to manage Eurasian water milfoil in the water; and

(3) Eurasian water milfoil control is planned for the water.

(b) The commissioner or a designee of the commissioner shall mark limited infestations of Eurasian water milfoil in accordance with rules adopted by the commissioner under section 84D.12.

(c) A person may not enter a marked area of a limited infestation of Eurasian water milfoil except as provided under rules adopted in section 84D.12.

Sec. 4. [84D.04] [CLASSIFICATION OF EXOTIC SPECIES.]

Subdivision 1. [CLASSES.] The commissioner shall, as provided in this chapter, classify exotic species according to the following categories:

(1) prohibited exotic species, which may not be possessed, imported, purchased, sold, propagated, transported, or introduced except as provided in section 84D.05;

(2) regulated exotic species, which may not be introduced except as provided in section 84D.07;

(3) unlisted exotic species, which are subject to the classification procedure in section 84D.06; and

(4) unregulated exotic species, which are not subject to regulation under this chapter.

Subd. 2. [CRITERIA.] The commissioner shall consider the following criteria in classifying an exotic species under this chapter:

(1) the likelihood of introduction of the species if it is allowed to enter or exist in the state;

(2) the likelihood that the species would naturalize in the state were it introduced;

(3) the magnitude of potential adverse impacts of the species on native species and on outdoor recreation, commercial fishing, and other uses of natural resources in the state;

(4) the ability to limit and control the spread and establishment of the species once it is introduced in the state; and

(5) other criteria the commissioner deems appropriate.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6536

Sec. 5. [84D.05] [PROHIBITED EXOTIC SPECIES.]

Subdivision 1. [PROHIBITED ACTIVITIES.] A person may not possess, import, purchase, sell, propagate, transport, or introduce a prohibited exotic species, except:

(1) under a permit issued by the commissioner under section 84D.11;

(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;

(3) under a restricted species permit issued under section 17.457;

(4) when being transported to the department, or another destination as the commissioner may direct, in a sealed container for purposes of identifying the species or reporting the presence of the species;

(5) when being transported for disposal as part of a harvest or control activity under a permit issued by the commissioner pursuant to section 103G.615, or as specified by the commissioner;

(6) when the specimen has been lawfully acquired dead and, in the case of plant species, all seeds are removed or are otherwise secured in a sealed container;

(7) in the form of herbaria or other preserved specimens;

(8) when being removed from watercraft and equipment, or caught while angling, and immediately returned to the water from which they came; or

(9) as the commissioner may otherwise prescribe by rule.

Subd. 2. [SEIZURE.] Under section 97A.221, the commissioner may seize or dispose of all specimens of prohibited exotic species unlawfully possessed, imported, purchased, sold, propagated, transported, or introduced in the state.

Sec. 6. [84D.06] [UNLISTED EXOTIC SPECIES.]

Subdivision 1. [PROCESS.] After the effective date of the rules adopted under section 84D.12, subdivision 1, clause (1), a person may not introduce an unlisted exotic species unless:

(1) the person has notified the commissioner in a manner and form prescribed by the commissioner;

(2) the commissioner has made the classification determination required in subdivision 2 and designated the species as appropriate; and

(3) the introduction is allowed under the applicable provisions of this chapter.

Subd. 2. [CLASSIFICATION.] (a) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a prohibited exotic species, the commissioner shall:

(1) adopt a rule under section 84D.12, subdivision 3, designating the species as a prohibited exotic species; and

(2) notify the person from which the notification was received that the species is subject to section 84D.04.

(b) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as an unregulated exotic species, the commissioner shall:

(1) adopt a rule under section 84D.12, subdivision 3, designating the species as an unregulated species; and

(2) notify the person from which the notification was received that the species is not subject to regulation under this chapter.

(c) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a regulated exotic species, the commissioner shall notify the applicant that the species is subject to the requirements in section 84D.07.


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Sec. 7. [84D.07] [REGULATED EXOTIC SPECIES.]

Except as provided in rules adopted under section 84D.12, subdivision 2, clause (2), a person may not introduce a regulated exotic species without a permit issued by the commissioner.

Sec. 8. [84D.08] [ESCAPE OF HARMFUL EXOTIC SPECIES.]

(a) A person that allows or causes the introduction of an animal that is a prohibited, regulated, or unlisted exotic species shall, within 48 hours after learning of the introduction, notify the commissioner, a conservation officer, or another person designated by the commissioner. The person shall make every reasonable attempt to recapture or destroy the introduced animal. If the animal is a prohibited exotic species, the person is liable for the actual costs incurred by the department in capturing or controlling, or attempting to capture or control, the animal and its progeny. If the animal is a regulated exotic species, the person is liable for these costs if the introduction was in violation of the person's permit issued under section 84D.11.

(b) A person that complies with this section is not subject to criminal penalties under section 84D.13 for the introduction.

Sec. 9. [84D.09] [AQUATIC MACROPHYTES.]

Subdivision 1. [TRANSPORTATION PROHIBITED.] A person may not transport aquatic macrophytes on any state forest road as defined by section 89.001, subdivision 14, any road or highway as defined in section 160.02, subdivision 7, or any other public road, except as provided in this section.

Subd. 2. [EXCEPTIONS.] Unless otherwise prohibited by law, a person may transport aquatic macrophytes:

(1) that are duckweeds in the family Lemnaceae;

(2) for disposal as part of a harvest or control activity conducted under an aquatic plant management permit pursuant to section 103G.615, under permit pursuant to section 84D.11, or as specified by the commissioner;

(3) for purposes of constructing shooting or observation blinds in amounts sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut above the waterline;

(4) when legally purchased by or from commercial sources for aquarium or ornamental purposes;

(5) when harvested for personal use if in a motor vehicle;

(6) to the department, or another destination as the commissioner may direct, in a sealed container for purposes of identifying a species or reporting the presence of a species;

(7) when transporting a commercial aquatic plant harvester to a suitable location for purposes of cleaning any remaining aquatic macrophytes;

(8) that are wild rice harvested under section 84.091; or

(9) in the form of fragments of emergent aquatic macrophytes incidentally transported in or on watercraft used for waterfowl hunting during the waterfowl season.

Sec. 10. [84D.10] [PROHIBITED ACT; WATERCRAFT.]

A person may not place or attempt to place into waters of the state a watercraft, a trailer, or plant harvesting equipment that has aquatic macrophytes, zebra mussels, or prohibited exotic species attached. A conservation officer or other licensed peace officer may order:

(1) the removal of aquatic macrophytes or prohibited exotic species from a trailer or watercraft before it is placed into waters of the state;

(2) confinement of the watercraft at a mooring, dock, or other location until the prohibited exotic species can be removed; and

(3) removal of a watercraft from waters of the state that are not infested waters to remove prohibited exotic species.


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Sec. 11. [84D.11] [PERMITS.]

Subdivision 1. [PROHIBITED EXOTIC SPECIES.] The commissioner may issue a permit for the propagation, possession, importation, purchase, or transport of a prohibited exotic species for the purposes of disposal, control, research, or education.

Subd. 2. [REGULATED EXOTIC SPECIES.] The commissioner may issue a permit for the introduction of a regulated exotic species.

Subd. 3. [STANDARD.] The commissioner may issue a permit under this section only if the commissioner determines that the permitted activity would not pose an unreasonable risk of harm to natural resources or their use in the state. The commissioner may deny, issue with conditions, modify, or revoke a permit under this section as necessary to ensure that the proposed activity will not pose an unreasonable risk of harm to natural resources or their use in the state.

Subd. 4. [APPEAL OF PERMIT DECISION.] A permit decision may be appealed as a contested case under chapter 14.

Sec. 12. [84D.12] [RULES.]

Subdivision 1. [REQUIRED RULES.] The commissioner shall adopt rules:

(1) designating prohibited exotic species and unregulated exotic species;

(2) governing the application for and issuance of permits under this chapter, which rules may include a fee schedule;

(3) governing notification under section 84D.08;

(4) designating infested waters; and

(5) designating, and governing the marking of, limited infestations of Eurasian water milfoil.

Subd. 2. [AUTHORIZED RULES.] The commissioner may adopt rules:

(1) regulating the possession, importation, purchase, sale, propagation, transport, and introduction of prohibited exotic species;

(2) regulating the introduction of regulated exotic species, including exempting certain introductions of regulated exotic species from the permit requirement in section 84D.07; and

(3) regulating the appropriation or transportation of infested waters.

Subd. 3. [EXPEDITED RULES.] The commissioner may adopt rules under section 84.027, subdivision 13, that designate:

(1) prohibited exotic species;

(2) regulated exotic species;

(3) limited infestations of Eurasian water milfoil; and

(4) infested waters.

Sec. 13. [84D.13] [ENFORCEMENT; PENALTIES.]

Subdivision 1. [ENFORCEMENT.] Unless otherwise provided, this chapter and rules adopted under section 84D.12 may be enforced by conservation officers under sections 97A.205, 97A.211, and 97A.221 and by other licensed peace officers.


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Subd. 2. [CUMULATIVE REMEDY.] The authority of conservation officers to issue civil citations is in addition to other remedies available under law, except that the state may not seek penalties under any other provision of law for the incident subject to the citation.

Subd. 3. [CRIMINAL PENALTIES.] (a) A person who violates a provision of this chapter or a rule adopted under section 84D.12, is guilty of a misdemeanor.

(b) A person who refuses to obey an order of a peace officer or conservation officer to remove prohibited exotic species or aquatic macrophytes from any watercraft, trailer, or plant harvesting equipment is guilty of a misdemeanor.

Subd. 4. [WARNINGS; CIVIL CITATIONS.] After appropriate training, conservation officers, other licensed peace officers, and other department personnel designated by the commissioner may issue warnings or citations to a person who:

(1) unlawfully transports prohibited exotic species or aquatic macrophytes;

(2) unlawfully places or attempts to place into waters of the state a trailer, a watercraft, or plant harvesting equipment that has prohibited exotic species attached;

(3) unlawfully angles, anchors, or operates a watercraft in a marked area of a Eurasian water milfoil limited infestation; or

(4) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed by rule, Eurasian water milfoil.

Subd. 5. [CIVIL PENALTIES.] A civil citation issued under this section may impose civil penalties up to the following penalty amounts:

(1) for transporting aquatic macrophytes on a forest road as defined by section 89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 7, or any other public road, $50;

(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or plant harvesting equipment that has aquatic macrophytes attached, $100;

(3) for transporting a prohibited exotic species other than an aquatic macrophyte, $100;

(4) for placing or attempting to place into waters of the state a watercraft, a trailer, or plant harvesting equipment that has prohibited exotic species attached when the waters are not identified by the commissioner as being infested with that species, $500 for the first offense and $1,000 for each subsequent offense;

(5) for angling, anchoring, or operating a watercraft in a marked area of a Eurasian water milfoil limited infestation, other than as provided by law, $100; and

(6) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian water milfoil, $100.

Subd. 6. [WATERCRAFT LICENSE SUSPENSION.] A civil citation may be issued to suspend, for up to a year, the watercraft license of an owner or person in control of a watercraft or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4, or who refuses to comply with a removal order given under section 84D.13.

Subd. 7. [SATISFACTION OF CIVIL PENALTIES.] A civil penalty is due and a watercraft license suspension is effective 30 days after issuance of the civil citation. A civil penalty collected under this section is payable to the commissioner and must be credited to the water recreation account.

Subd. 8. [APPEAL OF CIVIL CITATIONS AND PENALTIES.] A civil citation and penalty may be appealed under the procedures in section 116.072, subdivision 6, if the person to whom the citation was issued requests a hearing by notifying the commissioner within 15 days after receipt of the citation. If a hearing is not requested within the 15-day period, the citation becomes a final order not subject to further review.

Sec. 14. [EFFECTIVE DATE.]

Sections 1 to 13 are effective May 1, 1996.


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ARTICLE 2

CONFORMING AMENDMENTS

Section 1. Minnesota Statutes 1995 Supplement, section 84.027, subdivision 13, is amended to read:

Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of natural resources may adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized under:

(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and areas, to select hunters for areas, to provide for tagging and registration of game, to prohibit or allow taking of wild animals to protect a species, and to prohibit or allow importation, transportation, or possession of a wild animal; and

(2) sections 84.093, 84.14, 84.15, and 84.152 to set seasons for harvesting wild ginseng roots and wild rice and to restrict or prohibit harvesting in designated areas; and

(3) section 84D.12 to designate prohibited exotic species, regulated exotic species, limited infestations of Eurasian water milfoil, and infested waters.

Clause (2) does not limit or supersede the commissioner's authority to establish opening dates, days, and hours of the wild rice harvesting season under section 84.14, subdivision 3.

(b) If conditions exist that do not allow the commissioner to comply with sections 97A.0451 to 97A.0459, the commissioner may adopt a rule under this subdivision by submitting the rule to the attorney general for review under section 97A.0455, publishing a notice in the State Register and filing the rule with the secretary of state and the legislative commission to review administrative rules, and complying with section 97A.0459, and including a statement of the emergency conditions and a copy of the rule in the notice. The notice may be published after it is received from the attorney general or five business days after it is submitted to the attorney general, whichever is earlier.

(c) Rules adopted under paragraph (b) are effective upon publishing in the State Register and may be effective up to seven days before publishing and filing under paragraph (b), if:

(1) the commissioner of natural resources determines that an emergency exists;

(2) the attorney general approves the rule; and

(3) for a rule that affects more than three counties the commissioner publishes the rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a rule that affects three or fewer counties the commissioner publishes the rule once in a legal newspaper in each of the affected counties.

(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause (3), may not be effective earlier than seven days after publication.

(e) A rule published under paragraph (c), clause (3), may be effective the day the rule is published if the commissioner gives notice and holds a public hearing on the rule within 15 days before publication.

(f) The commissioner shall attempt to notify persons or groups of persons affected by rules adopted under paragraphs (b) and (c) by public announcements, posting, and other appropriate means as determined by the commissioner.

(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is effective for the period stated in the notice but not longer than 18 months after the rule is adopted.

Sec. 2. Minnesota Statutes 1994, section 97A.105, subdivision 1, is amended to read:

Subdivision 1. [LICENSE REQUIREMENTS.] (a) A person may breed and propagate fur-bearing animals, game birds, bear, moose, elk, caribou, mute swans, or deer only on privately owned or leased land and after obtaining a license. Any of the permitted animals on a game farm may be sold to other licensed game farms. "Privately owned or leased land" includes waters that are shallow or marshy, are not actually navigable, and are not of substantial beneficial public use. Before an application for a license is considered, the applicant must enclose the area to


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sufficiently confine the animals to be raised in a manner approved by the commissioner. A license may be granted only if the commissioner finds the application is made in good faith with intention to actually carry on the business described in the application and the commissioner determines that the facilities are adequate for the business.

(b) A person may purchase live game birds or their eggs without a license if the birds or eggs, or birds hatched from the eggs, are released into the wild, consumed, or processed for consumption within one year after they were purchased or hatched. This paragraph does not apply to the purchase of migratory waterfowl or their eggs.

(c) A person may not introduce mute swans into the wild without a permit issued by the commissioner.

Sec. 3. Minnesota Statutes 1995 Supplement, section 97A.205, is amended to read:

97A.205 [ENFORCEMENT OFFICER POWERS.]

An enforcement officer is authorized to:

(1) execute and serve court issued warrants and processes relating to wild animals, wild rice, public waters, water pollution, conservation, and use of water, in the same manner as a constable or sheriff;

(2) enter any land to carry out the duties and functions of the division;

(3) make investigations of violations of the game and fish laws;

(4) take an affidavit, if it aids an investigation;

(5) arrest, without a warrant, a person who is detected in the actual violation of the game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 103F, 103G, sections 86B.001 to 86B,815, 89.51 to 89.61; or 609.66, subdivision 1, clauses (1), (2), (5), and (7); and 609.68; and

(6) take an arrested person before a court in the county where the offense was committed and make a complaint.

Nothing in this section grants an enforcement officer any greater powers than other licensed peace officers.

Sec. 4. Minnesota Statutes 1994, section 97A.211, subdivision 1, is amended to read:

Subdivision 1. [NOTICE TO APPEAR IN COURT.] (a) A person must be given notice to appear in court for a misdemeanor violation of the game and fish laws; chapter 84, 84D, 103E, or 103G; sections 103F.201 to 103F.221; or section 103F.601 or 609.68 if:

(1) the person is arrested and is released from custody prior to appearing before a court; or

(2) the person is subject to a lawful arrest and is not arrested because it reasonably appears to the enforcement officer that arrest is unnecessary to prevent further criminal conduct and that there is a substantial likelihood that the person will respond to a notice.

(b) The enforcement officer shall prepare, in quadruplicate, a written notice to appear in court. The notice must be in the form and has the effect of a summons and complaint. The notice must contain the name and address of the person charged, the offense, and the time and the place to appear in court. The court must have jurisdiction within the county where the offense is alleged to have been committed.

Sec. 5. Minnesota Statutes 1994, section 97A.211, subdivision 2, is amended to read:

Subd. 2. [RELEASE AFTER ARREST.] A person arrested for a misdemeanor violation of the game and fish laws; chapter 84, 84D, 103E, or 103G; sections 103F.201 to 103F.221; or section 103F.601 or 609.68 may obtain release by signing the written notice prepared by the arresting officer promising to appear in court. The officer shall deliver a copy marked "SUMMONS" to the person arrested. The officer must then release the person from custody.

Sec. 6. Minnesota Statutes 1995 Supplement, section 97A.221, subdivision 1, is amended to read:

Subdivision 1. [PROPERTY SUBJECT TO SEIZURE AND CONFISCATION.] (a) An enforcement officer may seize:

(1) wild animals, wild rice, and other aquatic vegetation taken, bought, sold, transported, or possessed in violation of the game and fish laws or, chapter 84, or 84D; and


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(2) firearms, bows and arrows, nets, boats, lines, poles, fishing rods and tackle, lights, lanterns, snares, traps, spears, dark houses, fish houses, and wild rice harvesting equipment that are used with the owner's knowledge to unlawfully take or transport wild animals, wild rice, or other aquatic vegetation and that have a value under $1,000 are subject to this section.

(b) An item described in paragraph (a), clause (2), that has a value of $1,000 or more is subject to the provisions of section 97A.225.

(c) An enforcement officer must seize nets and equipment unlawfully possessed within ten miles of Lake of the Woods or Rainy Lake.

Sec. 7. [REVISOR INSTRUCTION.]

(a) In Minnesota Statutes, section 103B.551, subdivision 3, the revisor of statutes shall delete the reference to section 103G.617 and insert a reference to section 84D.02. The reference to section 84D.02 may be changed by the revisor to the section of Minnesota Statutes in which the bill sections are compiled.

(b) In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall change the term "undesirable exotic species" to "prohibited exotic species."

Sec. 8. [REPEALER.]

Minnesota Statutes 1994, sections 84.966; 84.967; 84.968, subdivision 2; 84.969; 84.9692, subdivisions 3, 4, 5, and 6; and 103G.617; Minnesota Statutes 1995 Supplement, sections 18.316; 18.317; 84.968, subdivision 1; 84.9691; 84.9692, subdivisions 1, 1a, and 2; and 86B.401, subdivision 11, are repealed.

Sec. 9. [EFFECTIVE DATE.]

Sections 1 to 8 are effective May 1, 1996."

Delete the title and insert:

"A bill for an act relating to exotic species; recodifying, modifying, and expanding provisions relating to regulation and management of harmful exotic species; amending Minnesota Statutes 1994, sections 97A.105, subdivision 1; 97A.211, subdivisions 1 and 2; Minnesota Statutes 1995 Supplement, sections 84.027, subdivision 13; 97A.205; and 97A.221, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 84D; repealing Minnesota Statutes 1994, sections 84.966; 84.967; 84.968, subdivision 2; 84.969; 84.9692, subdivisions 3, 4, 5, and 6; and 103G.617; Minnesota Statutes 1995 Supplement, sections 18.316; 18.317; 84.968, subdivision 1; 84.9691; 84.9692, subdivisions 1, 1a, and 2; and 86B.401, subdivision 11."

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

The report was adopted.

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

H. F. No. 2449, A bill for an act relating to highways; appropriating money to the commissioner of transportation for a grant to Shingobee township in Cass county for improvement of a certain road.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.


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

H. F. No. 2478, A bill for an act relating to notaries public; regulating advertisement in languages other than English; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 359.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 8.31, subdivision 1, is amended to read:

Subdivision 1. [INVESTIGATE OFFENSES AGAINST THE PROVISIONS OF CERTAIN DESIGNATED SECTIONS; ASSIST IN ENFORCEMENT.] The attorney general shall investigate violations of the law of this state respecting unfair, discriminatory, and other unlawful practices in business, commerce, or trade, and specifically, but not exclusively, the nonprofit corporation act (sections 317A.001 to 317A.909), the act against unfair discrimination and competition (sections 325D.01 to 325D.08), the unlawful trade practices act (sections 325D.09 to 325D.16), the antitrust act (sections 325D.49 to 325D.66), section 325F.67 and other laws against false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67, the act against monopolization of food products (section 325D.68), the act regulating immigration services (section 325E.031), the act regulating telephone advertising services (section 325E.39), the prevention of consumer fraud act (sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges and assist in the enforcement of those laws as in this section provided.

Sec. 2. [325E.031] [IMMIGRATION SERVICES.]

Subdivision 1. [DEFINITIONS.] (a) For the purpose of this section, the terms in this subdivision have the meanings given.

(b) "Immigration matter" means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country, or that arises under action of the United States Immigration and Naturalization Service, the United States Department of Labor, or the United States Department of State.

(c) "Immigration assistance service" means any advice, guidance, information, or action provided or offered to customers or prospective customers relating to any immigration matter.

(d) "Compensation" means money, property, services, promise of payment, or anything else of value.

(e) "Employed by" means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or receives compensation from the employer on a commission basis or as an independent contractor.

(f) "Reasonable costs" means actual costs or, if actual costs cannot be calculated, reasonably estimated costs of such things as photocopying, telephone calls, document requests, and filing fees for immigration forms, and other nominal costs incidental to assistance in an immigration matter.

Subd. 2. [AUTHORIZED ACTIVITIES.] (a) Except for persons exempt under paragraph (b), any person who provides or offers to provide immigration assistance service may perform only the following services:

(1) completing a government agency form, requested by the customer and appropriate to the customer's needs, only if the completion of that form does not involve a legal judgment for that particular matter;

(2) transcribing responses to a government agency form which is related to an immigration matter but not advising a customer as to the answers on those forms;

(3) translating information on forms for a customer and translating the customer's answers to questions posed on those forms;

(4) securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;


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(5) translating documents from a foreign language into English;

(6) notarizing signatures on government agency forms, if the person performing the service is a notary public of the state of Minnesota;

(7) making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter;

(8) preparing or arranging for the preparation of photographs and fingerprints;

(9) arranging for the performance of medical testing, including X-rays and AIDS tests, and obtaining the test results; and

(10) conducting English language and civics courses.

(b) The following persons are exempt from paragraph (a):

(1) an attorney licensed to practice law in any state or territory of the United States, or in any foreign country when authorized by the Minnesota supreme court, to the extent the attorney renders immigration assistance service in the course of practicing as an attorney;

(2) a legal intern, as described by the rules of the Minnesota supreme court, employed by and under the direct supervision of a licensed attorney and rendering immigration assistance service in the course of the intern's employment;

(3) a not-for-profit organization recognized by the Board of Immigration Appeals under Code of Federal Regulations, title 8, section 292.2(a), and employees of those organizations accredited under Code of Federal Regulations, title 8, section 292.2(d); and

(4) an organization employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees or its agents provide advice or assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided.

(c) Nothing in this section shall regulate any business to the extent that such regulation is prohibited or preempted by state or federal law.

Subd. 3. [FEES.] No person subject to this section may charge fees directly or indirectly for referring an individual to an attorney or for any immigration matter not authorized by this section, except that a person may charge a fee for notarizing documents.

Subd. 4. [WRITTEN CONTRACT.] Except as provided otherwise in this section, before providing any assistance in an immigration matter a person shall provide the customer with a written contract that includes the following:

(1) an explanation of the services to be performed;

(2) identification of all compensation and costs to be charged to the customer for the services to be performed; and

(3) a statement that documents submitted in support of an application for nonimmigrant, immigrant, or naturalization status may not be retained by the person for any purpose, including payment of compensation or costs.

The written contract shall be in both English and in the language of the customer. A copy of the contract shall be provided to the customer upon the customer's execution of the contract. A customer has the right to rescind a contract within 72 hours after signing the contract. Any documents prepared on behalf of, or paid for by the customer, must be returned upon demand of the customer.

This subdivision does not apply to a not-for-profit organization that provides advice or assistance in immigration matters to clients without charge beyond a reasonable fee to reimburse the organization's or clinic's reasonable costs relating to providing immigration services to that client.

Subd. 5. [SIGNS.] Any person who provides or offers immigration assistance service and is not exempted from this section, shall post signs at that person's place of business, setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be


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on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 11 inches by 17 inches and shall contain the following:

(1) The statement "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

(2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF APPEALS."

(3) The statement that "You may cancel any contract within three working days and get your money back for services not performed."

Every person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and the language in which the advertisement appears. This notice shall be of a conspicuous size, if in writing, and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the advertisement is by radio or television, the statement may be modified but must include substantially the same message.

Subd. 6. [PROHIBITED ACTIVITIES.] (a) No person engaged in providing immigration services shall do any of the following:

(1) make any statement that the person can or will obtain special favors from or has special influence with the United States Immigration and Naturalization Service or any other government agency;

(2) retain any compensation for service not performed;

(3) refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer;

(4) represent or advertise, in connection with the provision assistance in immigration matters, other titles of credentials, including, but not limited to, "notary public" or "immigration consultant," that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a notary public appointed under chapter 359 may use the term "notary public" if the use is accompanied by the statement that the person is not an attorney;

(5) give any legal advice concerning an immigration matter; or

(6) make any misrepresentation of false statement, directly or indirectly, to influence, persuade, or induce patronage.

(b) Persons providing immigration services may not represent themselves as licensed in a language other than English if the literal translation of the term does not convey the same meaning as the English term.

Subd. 7. [PENALTIES.] Any person who violates any provision of this section, is guilty of a misdemeanor for a first offense and a gross misdemeanor for a second or subsequent offense committed within five years of a previous conviction for the same offense.

Any person may file a civil action to enforce the provisions of this section and maintain an action for injunctive relief or for such additional relief as may be appropriate to deter, prevent, or compensate for the violation. In order to deter violations of this section, courts shall not require a showing of the traditional elements for equitable relief. A prevailing plaintiff may be awarded punitive damages, attorney's fees, and costs of bringing an action under this section.

Sec. 3. [359.062] [NOTICE; LANGUAGES OTHER THAN ENGLISH.]

(a) A notary public who is not an attorney who advertises the services of a notary public in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and the


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language in which the advertisement appears. This notice shall be of a conspicuous size, if in writing, and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN MINNESOTA AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the advertisement is by radio or television, the statement may be modified but must include substantially the same message.

(b) For the purposes of paragraph (a), literal translation of the term "notary public" into a language other than English is prohibited if the translation does not convey the meaning of the English term.

(c) A notary public who violates this section is guilty of a misdemeanor.

Sec. 4. [359.063] [IMMIGRATION MATTERS.]

No notary public or any other person who is not an attorney shall represent, hold out, or advertise as an expert on immigration matters, unless that person is a designated entity as defined under Code of Federal Regulations, title 8, section 245a.1, or an entity accredited by the Board of Immigration Appeals."

Delete the title and insert:

"A bill for an act relating to consumer protection; restricting the provision of immigration services; regulating notaries public; providing penalties; amending Minnesota Statutes 1994, section 8.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 325E; and 359."

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

The report was adopted.

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

H. F. No. 2525, A bill for an act relating to commerce; providing for the relocation of an existing new motor vehicle dealership under certain specified conditions.

Reported the same back with the following amendments:

Page 1, line 10, after "class" insert "in the taconite relief area"

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. 2605, A bill for an act relating to water; providing for collection of revenue by watershed districts; amending Minnesota Statutes 1994, section 444.075, subdivision 1a, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103D.

Reported the same back with the following amendments:

Page 1, line 16, before the period, insert "and compliance with subdivision 3"

Page 1, after line 25, insert:

"Subd. 3. [APPEAL.] A municipality that questions the need for a water management district within the municipality's jurisdiction may hold a public hearing on the proposal. The governing body of a municipality holding a public hearing must make an affirmative vote on the proposed water management district before a district may be established."


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Pages 1 and 2, delete section 2 and insert:

"Sec. 2. [103D.730] [STORM SEWER CONSTRUCTION.]

(a) Any watershed district may build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain storm sewer systems, including mains, holding areas and ponds, and other appurtenances and related facilities for the collection and disposal of storm water, called facilities, and maintain and operate the facilities inside or outside their jurisdiction, and acquire by gift, purchase, lease, condemnation, or otherwise any and all land and easements required for that purpose.

(b) The authority granted is in addition to all other powers with reference to the facilities otherwise granted by the laws of this state or by this chapter."

Page 3, after line 25, insert:

"(c) Any individual may appeal the charges under section 103D.535."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

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

H. F. No. 2652, A bill for an act relating to local government; granting the city of Minneapolis authority to negotiate certain trade and craft contracts for stagehands; amending Laws 1988, chapter 471, section 1, subdivisions 1, as amended, and 2, as amended; and section 2, as amended.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

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

H. F. No. 2676, A bill for an act relating to metropolitan government; authorizing municipalities providing replacement transit service to individually assess a levy for transit and collect the proceeds; amending Minnesota Statutes 1994, section 473.388, subdivisions 2, 5, and by adding a subdivision; repealing Minnesota Statutes 1994, section 473.388, subdivision 3; Minnesota Statutes 1995 Supplement, section 473.388, subdivision 4.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

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

H. F. No. 2681, A bill for an act relating to port authorities; clarifying certain seaway port authority rights and responsibilities with respect to leases and management contracts; amending Minnesota Statutes 1994, section 469.056, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 469.056, subdivision 2, is amended to read:

Subd. 2. [CONTRACTS.] A port authority may contract to erect, repair, maintain or operate docks, warehouses, terminals, elevators, or other structures on or in connection with property it owns or controls. The authority may contract or arrange with the federal government, or any of its departments, with persons, public corporations, the


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state, or any of its political subdivisions, commissions, or agencies, for separate or joint action, on any matter related to using the authority's powers or doing its duties. The authority may contract to purchase and sell real and personal property. An obligation or expense must not be incurred unless existing appropriations together with the reasonably expected revenue of the port authority from other sources are sufficient to discharge the obligation or pay the expense when due. The state and its municipal subdivisions are not liable on the obligations. Notwithstanding the provisions of Laws 1994, chapter 643, as amended, (1) a seaway port authority may meet its obligations and expenses of operating by retaining revenues received under leases or management contracts and is not required to pay lease or management contract revenues to other state agencies; and (2) a lease or management contract entered into by a seaway port authority must not be canceled or terminated as a result of changes or termination in the governmental program of a seaway port authority unless compensation is paid as provided by law."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

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.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 136F.03, subdivision 2, is amended to read:

Subd. 2. [MEMBERSHIP.] The advisory council consists of 24 14 members. Twelve Four members are appointed by the subcommittee on committees of the committee on rules and administration majority leader of the senate. Twelve, four members are appointed by the speaker of the house of representatives, and four members are appointed by the governor. One member shall be appointed by the minority leader of the senate and one member shall be appointed by the minority leader of the house of representatives. No more than one-third of the members appointed by each appointing authority the majority leader, speaker, or governor may be current or former legislators. No more than two-thirds three-fourths of the members appointed by each appointing authority with multiple appointments may belong to the same political party; however, political activity or affiliation is not required for the appointment of a member. Geographical representation must be taken into consideration when making appointments. Section 15.0575 governs the advisory council, except that the members must be appointed to six-year four-year terms.

Sec. 2. Minnesota Statutes 1995 Supplement, section 136F.03, subdivision 3, is amended to read:

Subd. 3. [DUTIES.] The advisory council shall:

(1) develop a statement of the selection criteria to be applied and a description of the responsibilities and duties of a member of the board and shall distribute this to potential candidates; and

(2) for each position on the board, identify and recruit qualified candidates for the board, based on the background and experience of the candidates, and their potential for discharging the responsibilities of a member of the board. Prior to beginning each recruitment effort, the council shall assess the composition of the board to determine strengths and weaknesses in the board's experience and expertise, in areas such as educational technology, scholarly research, or teaching. In its recruiting efforts, the council shall direct attention toward filling any identified needs.

Sec. 3. Minnesota Statutes 1995 Supplement, section 136F.03, subdivision 4, is amended to read:

Subd. 4. [RECOMMENDATIONS.] The advisory council shall recommend at least two and not more than four candidates for each seat, except that in the case of an incumbent trustee seeking reappointment, the council shall automatically forward the name of the incumbent following council review, together with at least one and no more than four other candidates. By April 15 of each even-numbered year, the advisory council shall submit its recommendations to the governor. The governor is not bound by these recommendations.


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Sec. 4. [136F.045] [BOARD RESPONSIBILITIES.]

Subdivision 1. [WORKSHOPS.] To ensure strong governance and good decision making, the legislature requests the Minnesota state colleges and universities to provide workshops, seminars, and other training to each new board member within a timely period after appointment. The board, faculty and student organizations, the governor, the legislature, and other relevant groups should be consulted in designing the training. Content of the training should include areas that assist the board members in understanding the functions and responsibilities of governing boards, as well as substantive topics necessary for participating in college and university governance.

Subd. 2. [BOARD EVALUATION.] Beginning in calendar year 1996 and every four years thereafter, the board shall contract for an independent evaluation of its performance. The board shall select the evaluator, in consultation with the chairs of the higher education funding divisions of the legislature, but no evaluator may be an employee of Minnesota state colleges and universities at the time of the selection. The board shall provide copies of the evaluation together with its response to the governor and the legislature.

Sec. 5. Minnesota Statutes 1994, section 137.0245, subdivision 2, is amended to read:

Subd. 2. [MEMBERSHIP.] The regent candidate advisory council shall consist of 24 14 members. Twelve Four members shall be appointed by the subcommittee on committees of the committee on rules and administration majority leader of the senate. Twelve, four members shall be appointed by the speaker of the house of representatives, and four members shall be appointed by the governor. One member shall be appointed by the minority leader of the senate and one member shall be appointed by the minority leader of the house of representatives. No more than one-third of the members appointed by each appointing authority the majority leader, speaker, or governor may be current or former legislators. No more than two-thirds three-fourths of the members appointed by each appointing authority with multiple appointments may belong to the same political party; however, political activity or affiliation is not required for the appointment of any member. Geographical representation must be taken into consideration when making appointments. Section 15.0575 shall govern the advisory council, except that the members shall be appointed to six-year four-year terms with one-third appointed each even-numbered year.

Sec. 6. Minnesota Statutes 1994, section 137.0245, subdivision 3, is amended to read:

Subd. 3. [DUTIES.] The advisory council shall:

(1) develop, in consultation with current and former regents and the administration of the University of Minnesota, a statement of the selection criteria to be applied and a description of the responsibilities and duties of a regent, and shall distribute this to potential candidates; and

(2) for each position on the board, identify and recruit qualified candidates for the board of regents, based on the background and experience of the candidates, and their potential for discharging the responsibilities of a member of the board of regents. Prior to beginning each recruitment effort, the council shall assess the composition of the board to determine strengths and weaknesses in the board's experience and expertise, in areas such as educational technology, scholarly research, or teaching. In its recruiting efforts, the council shall direct attention toward filling any identified needs.

Sec. 7. Minnesota Statutes 1994, section 137.0245, subdivision 4, is amended to read:

Subd. 4. [RECOMMENDATIONS.] The advisory council shall recommend at least two and not more than four candidates for each seat, except that in the case of an incumbent regent seeking reelection, the council shall automatically forward the name of the incumbent following council review, together with at least one and no more than four other candidates. By March 15 of each odd-numbered year, the advisory council shall submit its recommendations to the president of the senate and the speaker of the house of representatives. The legislature shall not be bound by these recommendations.

Sec. 8. [137.0247] [BOARD RESPONSIBILITIES.]

Subdivision 1. [WORKSHOPS.] To ensure strong governance and good decision making, the legislature requests the University of Minnesota to provide workshops, seminars, and other training to each new board member within a timely period after appointment. The board, faculty and student organizations, the governor, the legislature, and other relevant groups should be consulted in designing the training. Content of the training should include areas that assist the board members in understanding the functions and responsibilities of governing boards, as well as substantive topics necessary for participating in university governance.


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Subd. 2. [BOARD EVALUATION.] Beginning in calendar year 1996 and every four years thereafter, the board shall contract for an independent evaluation of its performance. The board shall select the evaluator, in consultation with the chairs of higher education funding divisions of the legislature, but no evaluator may be an employee of the university at the time of the selection. The board shall provide copies of the evaluation together with its response to the governor and the legislature.

Sec. 9. [TRANSITION OF COUNCIL MEMBERS.]

Terms of all current members of the regent candidate advisory council and the Minnesota state college and university candidate advisory council are terminated on June 30, 1996. By July 1, 1996, the speaker of the house, the majority leader of the senate, the minority leaders of the house and senate, and the governor shall make their appointments to the councils. These appointments may include current council members. Appointing authorities with multiple appointments shall appoint two members to four-year initial terms and two members to two-year initial terms. The house and senate minority leaders shall appoint members to four-year initial terms.

Sec. 10. [EFFECTIVE DATE.]

Sections 1 to 9 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to education; making changes to the board of regents and Minnesota state colleges and universities board candidate advisory councils; specifying duties for the advisory councils; requiring training and evaluation for the board of regents and Minnesota state colleges and universities board; amending Minnesota Statutes 1994, section 137.0245, subdivisions 2, 3, and 4; Minnesota Statutes 1995 Supplement, section 136F.03, subdivisions 2, 3, and 4; proposing coding for new law in Minnesota Statutes, chapters 136F; and 137."

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

The report was adopted.

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

H. F. No. 2895, A bill for an act relating to drivers' licenses; providing conditions for validity of state contracts; requiring refund of license fee if a qualified applicant does not receive a license, duplicate license, permit, or identification card within six weeks of application; providing for issuance of license without regard to whether the fee has been refunded; requiring legislative audit commission to study driver's license and identification card program; amending Minnesota Statutes 1994, sections 16B.06, subdivision 2; 171.06, by adding a subdivision; and 171.07, subdivisions 1 and 3.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Governmental Operations without further recommendation.

The report was adopted.

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

S. F. No. 302, A bill for an act relating to employment; increasing the minimum wage; amending Minnesota Statutes 1994, section 177.24, subdivision 1.

Reported the same back with the following amendments to the unofficial engrossment:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 177.24, subdivision 1, is amended to read:

Subdivision 1. [AMOUNT.] (a) For purposes of this subdivision, the terms defined in this paragraph have the meanings given them.


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(1) "Large employer" means an enterprise whose annual gross volume of sales made or business done is not less than $362,500 $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota fair labor standards act, sections 177.21 to 177.35.

(2) "Small employer" means an enterprise whose annual gross volume of sales made or business done is less than $362,500 $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota fair labor standards act, sections 177.21 to 177.35.

(b) Except as otherwise provided in sections 177.21 to 177.35, every large employer must pay each employee wages at a rate of at least $4.25 an hour beginning January 1, 1991 $5 an hour beginning July 1, 1996, and at least $5.50 an hour beginning July 1, 1997. Every small employer must pay each employee at a rate of at least $4 an hour beginning January 1, 1991 $4.75 an hour beginning July 1, 1996, and at least $5.25 an hour beginning July 1, 1997. On July 1, 1999, and biennially on July 1 thereafter, the minimum wage paid by large and small employers must be adjusted to the nearest five cents by the same percentage as the net change in per capita Minnesota personal income as measured by the department of finance under sections 16A.102 and 16A.103 over the two preceding years.

(c) A large employer must pay each employee at a rate of at least the minimum wage set by this section or federal law without the reduction for training wage or full-time student status allowed under federal law.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective July 1, 1996."

Amend the title as follows:

Page 1, delete line 3

Page 1, line 4, delete "wage;"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1889, 2012, 2095, 2108, 2110, 2112, 2154, 2163, 2207, 2218, 2256, 2296, 2321, 2351, 2525, 2652 and 2681 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 302 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Milbert introduced:

H. F. No. 3010, A bill for an act relating to taxation; sales and use; extending the duration of the exemptions for the sale of wind energy conversion systems and photovoltaic devices; amending Laws 1992, chapter 511, article 8, section 39.

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


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Delmont; Milbert; Carlson, S.; Luther and Johnson, A., introduced:

H. F. No. 3011, A bill for an act relating to state government; providing for benefits and insurance for employees of entities established by the amateur sports commission; amending Minnesota Statutes 1994, section 240A.03, subdivision 13.

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

Long introduced:

H. F. No. 3012, A bill for an act relating to metropolitan government; modifying a certain levy limitation for the metropolitan council; changing the contents of comprehensive plans; providing for distribution of funds from the livable communities demonstration account; authorizing the metropolitan council to issue bonds or notes for acquisition of property; amending Minnesota Statutes 1994, sections 473.859, subdivision 4, and by adding a subdivision; and 473.862, subdivision 1; Minnesota Statutes 1995 Supplement, sections 473.167, subdivision 3; 473.25; 473.253, subdivision 2; and 473.859, subdivision 1; Laws 1989, chapter 279, section 7, subdivision 6; repealing Minnesota Statutes 1995 Supplement, section 473.167, subdivision 3a.

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

Long introduced:

H. F. No. 3013, A bill for an act relating to the environment; modifying provisions relating to the environmental improvement pilot program; providing penalties; amending Laws 1995, chapter 168, sections 9, subdivisions 3, 4, and 7; 10, subdivision 2; 13, subdivisions 1, 2, 3, and by adding a subdivision; and 19; repealing Laws 1995, chapter 168, section 11.

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

Long introduced:

H. F. No. 3014, A bill for an act relating to the environment; transferring the environmental education advisory board to the office of environmental assistance; making other changes in the board; amending Minnesota Statutes 1995 Supplement, section 115A.072, subdivision 1; repealing Minnesota Statutes 1995 Supplement, section 126A.02, subdivision 2.

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

Long introduced:

H. F. No. 3015, A bill for an act relating to taxation; income; requiring the commissioner to collect data on income tax returns; directing the commissioner to estimate tax burdens; amending Minnesota Statutes 1994, section 289A.08, subdivision 11.

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

Daggett, Workman, Harder, Lieder and Bertram introduced:

H. F. No. 3016, A bill for an act relating to commerce; regulating heavy and utility equipment manufacturers and dealers; modifying the definition of truck parts; amending Minnesota Statutes 1994, section 325E.068, subdivision 7.

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

Larsen; Girard; Lindner; Swenson, H., and Vickerman introduced:

H. F. No. 3017, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on


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development of existing airport; requiring legislative approval of proposed development; requiring soundproofing of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

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

Milbert introduced:

H. F. No. 3018, A bill for an act relating to natural resources; modifying provisions relating to commercial fishing; amending Minnesota Statutes 1994, sections 97A.475, subdivisions 30, 31, 32, 33, 34, 35, 36, and 37; 97C.811, subdivision 6; 97C.815, subdivision 4; 97C.835, subdivisions 1 and 5; and 97C.841.

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

Rukavina, Winter and Bakk introduced:

H. F. No. 3019, A bill for an act relating to local government; authorizing certain cities, towns, and the county for certain unorganized townships to create the Virginia area ambulance district; authorizing a tax levy; requiring local approval.

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

Jennings introduced:

H. F. No. 3020, A bill for an act relating to crime prevention; establishing a one-year pilot project in the tenth judicial district to allow the detention of certain juveniles in county jails for up to eight days; requiring a report.

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

Entenza introduced:

H. F. No. 3021, A bill for an act relating to retirement; allowing a purchase of service credit for certain members of the teachers retirement association who were on leave due to multiple sclerosis.

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

Milbert and Pugh introduced:

H. F. No. 3022, A bill for an act proposing an amendment to the Minnesota Constitution, article IX, section 1; easing the vote requirement for amending the constitution.

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

Mares, Broecker, Kraus, Dempsey and Anderson, B., introduced:

H. F. No. 3023, A bill for an act proposing an amendment to the Minnesota Constitution, by adding a section to article XIII; establishing the same constitutional standard for the Minnesota Constitution and the United States Constitution for issues relating to abortion.

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


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Onnen introduced:

H. F. No. 3024, A bill for an act relating to courts; specifying certain information that must be included in a juvenile court record; amending Minnesota Statutes 1994, section 260.161, subdivision 1.

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

Cooper, Carruthers, Kelso, Rukavina and Anderson, I., introduced:

H. F. No. 3025, A bill for an act relating to education; providing for a demonstration program for job skills; appropriating money.

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

Osskopp introduced:

H. F. No. 3026, A bill for an act relating to gambling; authorizing certain expenditures of gambling funds for the acquisition of property to replace property under threat of acquisition by eminent domain; amending Minnesota Statutes 1995 Supplement, section 349.12, subdivision 25.

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

Dawkins introduced:

H. F. No. 3027, A bill for an act relating to taxation; extending the St. Paul rental tax equity program; amending Laws 1994, chapter 587, article 5, section 27, subdivisions 1, 5, 6, 8, 9, and 10, as amended; and Laws 1995, chapter 264, article 3, section 45.

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

Weaver and Lynch introduced:

H. F. No. 3028, A bill for an act relating to health; creating an exemption from the personal care assistant age requirement; amending Minnesota Statutes 1994, section 256B.0627, subdivision 1, as amended.

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

Daggett introduced:

H. F. No. 3029, A bill for an act relating to liquor; authorizing Wadena to issue a seasonal on-sale intoxicating liquor license.

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

Wagenius, Wejcman, Bishop, Entenza and Skoglund introduced:

H. F. No. 3030, A bill for an act relating to crime prevention; requiring guns to be stored unloaded and locked where children are present; amending Minnesota Statutes 1994, section 609.666, subdivisions 1 and 2.

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


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Kalis and Worke introduced:

H. F. No. 3031, A bill for an act relating to capital improvements; appropriating money for a grant to Farmamerica; 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.

Kelley and Rhodes introduced:

H. F. No. 3032, A bill for an act relating to tax increment financing; modifying the election procedure for districts extended by special law; amending Minnesota Statutes 1995 Supplement, section 469.1782, subdivision 1.

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

Johnson, A.; Entenza and Carlson, L., introduced:

H. F. No. 3033, A bill for an act relating to education; exploring disciplinary policies to address inappropriate classroom behavior and provide continuing instruction; providing grants to implement and evaluate prevention behavior intervention; appropriating money.

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

Clark, Long, Rice, Rhodes and Weaver introduced:

H. F. No. 3034, A bill for an act relating to capital improvements; appropriating money for a community performing arts center; 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.

Goodno, Dauner and Daggett introduced:

H. F. No. 3035, A bill for an act relating to taxation; sales and use; exempting sales to political subdivisions of the state; amending Minnesota Statutes 1994, sections 297A.25, subdivision 34; and 297A.47; Minnesota Statutes 1995 Supplement, section 297A.25, subdivision 11.

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

Opatz and McCollum introduced:

H. F. No. 3036, A bill for an act relating to lawful gambling; permitting veterans organizations to pay real estate taxes and assessments and certain utility bills from receipts from lawful gambling; amending Minnesota Statutes 1995 Supplement, section 349.12, subdivision 25.

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

Anderson, B.; Tunheim; Pellow; Hackbarth and Finseth introduced:

H. F. No. 3037, A bill for an act relating to agriculture; repealing the Minnesota wetlands conservation law; amending Minnesota Statutes 1994, sections 103E.701, subdivision 6; and 103G.211; repealing Minnesota Statutes 1994, sections 103G.221, subdivision 1; 103G.222; 103G.223; 103G.2241; 103G.2242; 103G.225; 103G.231; 103G.235; 103G.2364; 103G.237; 103G.2372; 103G.2373; Minnesota Statutes 1995 Supplement, section 103G.2365.

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


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Johnson, A., for the K-12 Education Finance Division/Education, introduced:

H. F. No. 3038, A bill for an act relating to education; providing for capital improvements for the center for arts education, the residential academies at Faribault, and for school districts and libraries; clarifying approved costs for a magnet school facility; appropriating money; amending Minnesota Statutes 1994, sections 124C.498, subdivision 3; and 134.45, subdivision 5; Minnesota Statutes 1995 Supplement, sections 124C.498, subdivision 2; and 134.45, subdivision 2.

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

Sviggum introduced:

H. F. No. 3039, A bill for an act relating to education; authorizing a levy for special assessments for independent school district No. 204, Kasson-Mantorville.

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

Knoblach introduced:

H. F. No. 3040, A bill for an act relating to administrative rules; restricting the amount of fines that may be imposed by rule; proposing coding for new law in Minnesota Statutes, chapter 14.

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

Knoblach and Abrams introduced:

H. F. No. 3041, A bill for an act relating to retirement; adding governor's appointees to the pension commission; changing responsibilities of the pension commission; adding pension policy review responsibilities to the department of finance and the department of employee relations; adding actuarial audit responsibilities to the office of the legislative auditor; amending Minnesota Statutes 1994, sections 3.85, subdivisions 1, 3, 7, and 11; 6.72, subdivision 1; 11A.18, subdivisions 9 and 11; 16A.055, subdivision 5; 16A.11, subdivision 1, and by adding a subdivision; 69.051, subdivision 4; 69.77, subdivision 2h; 69.773, subdivision 2; 352.01, subdivision 12; 352.03, subdivision 6; 352.04, subdivision 3; 352.91, subdivision 4; 352.92, subdivision 2; 352B.02, subdivisions 1c and 1e; 353.03, subdivision 3a; 353.271, subdivision 2; 353A.02, subdivision 8; 353A.04, subdivision 7; 353A.05, subdivision 1; 353A.06; 353A.07, subdivision 6; 353A.09, subdivision 2; 353B.14; 353C.05, subdivision 3; 354.06, subdivision 2a; 354.42, subdivision 5; 354A.011, subdivision 3a; 354A.021, subdivision 7; 354A.12, subdivisions 2b, 3c, and 4; 354A.28, subdivision 9; 354A.41, subdivision 2; 356.20, subdivisions 3 and 4; 356.215, subdivisions 1, 2, 3, 4, 6, and 7; 356.217; 356.218, subdivisions 1 and 3; 356.22, subdivision 1; 356.23; 356.88; 422A.01, subdivision 6; 422A.04, subdivision 3; 422A.06, subdivisions 2 and 8; 422A.101, subdivisions 1, 1a, 2, 2a, and 3; 422A.15, subdivisions 2 and 3; 422A.23, subdivision 6; 423A.03; 423A.07; 423A.17; 423A.171; 423A.18; 423A.19, subdivision 4; 423B.15, subdivisions 2 and 5; and 490.124, subdivision 11; Minnesota Statutes 1995 Supplement, sections 3.85, subdivisions 5 and 12; 354.05, subdivision 7; and 354A.27, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 3.

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

Murphy introduced:

H. F. No. 3042, A bill for an act relating to education; modifying reporting requirements for regional public libraries; amending Minnesota Statutes 1994, section 134.34, by adding a subdivision.

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

Johnson, V., introduced:

H. F. No. 3043, A bill for an act relating to watercraft; modifying watercraft licensing fees; amending Minnesota Statutes 1994, section 86B.415, subdivisions 1, 2, 3, 4, 5, and 6.

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


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Osthoff introduced:

H. F. No. 3044, A bill for an act relating to the Minnesota humanities commission; appropriating money.

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

Lourey introduced:

H. F. No. 3045, A bill for an act relating to education; providing for debt service aid for independent school district No. 100, Wrenshall.

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

Carlson, L., introduced:

H. F. No. 3046, A bill for an act relating to insurance; requiring insurers to notify insureds of cancellation or nonrenewal by certified mail; amending Minnesota Statutes 1994, sections 62A.04, subdivision 3; 62A.48, subdivision 8; 62D.12, subdivision 2a; 62D.121, subdivision 5; 62I.13, subdivision 5; 65A.01, subdivision 3; 65A.07; 65A.29, subdivision 7; 65B.16; 65B.17, subdivision 1; 65B.18; and 72A.20, subdivision 24; Minnesota Statutes 1995 Supplement, sections 60A.085; and 62A.04, subdivision 2.

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

Kinkel introduced:

H. F. No. 3047, A bill for an act relating to insurance; regulating replacement cost coverage for buildings; amending Minnesota Statutes 1994, section 65A.10, subdivision 1.

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

Stanek, Entenza, Skoglund, Macklin and Swenson, D., introduced:

H. F. No. 3048, A bill for an act relating to crime; changing the definition of great bodily harm; amending Minnesota Statutes 1994, section 609.02, subdivision 8.

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

Kinkel introduced:

H. F. No. 3049, A bill for an act relating to capital improvements; authorizing the issuance of bonds to renovate the old Cass Lake high school into a multiagency family services resource and learning center; appropriating money.

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

Milbert, Solberg, Bakk, Sviggum and Carlson, S., introduced:

H. F. No. 3050, A bill for an act relating to taxation; allowing a tax refund or credit on unsold pull-tabs or tipboard tickets; appropriating money; amending Minnesota Statutes 1994, section 297E.02, subdivisions 4 and 10.

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


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6558

Kelso, Long and Bishop introduced:

H. F. No. 3051, A bill for an act relating to public finance; requiring nonschool property tax increases to be levied against market value; amending Minnesota Statutes 1994, section 275.61; Minnesota Statutes 1995 Supplement, section 275.08, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 275.

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

Ostrom, Davids, Dorn, Pugh and Tomassoni introduced:

H. F. No. 3052, A bill for an act relating to insurance; prohibiting insurers from terminating agents as a result of contacts with the legislature; amending Minnesota Statutes 1994, section 72A.20, subdivision 20.

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

Leppik introduced:

H. F. No. 3053, A bill for an act relating to health; authorizing the dispensing of a prescription written by a physician, osteopath, podiatrist, dentist, or veterinarian licensed in any state or jurisdiction of the United States; amending Minnesota Statutes 1994, section 152.11, as amended.

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

Dempsey, Mares, Ness, Kraus and Swenson, D., introduced:

H. F. No. 3054, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on development of existing airport; requiring legislative approval of proposed development; requiring soundproofing of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

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

Long introduced:

H. F. No. 3055, A bill for an act relating to the housing finance agency; making technical and policy changes to the low-income housing tax credit program; amending Minnesota Statutes 1994, sections 462A.222, subdivisions 1, 1a, 3, and 4; 462A.223, subdivision 2; and 462C.05, by adding a subdivision.

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

Leighton introduced:

H. F. No. 3056, A bill for an act relating to economic security; providing for the settlement of extended employment program appeals; authorizing independent audits by extended employment program providers; appropriating money.

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


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6559

Wejcman introduced:

H. F. No. 3057, A bill for an act relating to human services; extending injury protection to tribal injury JOBS programs; amending Minnesota Statutes 1995 Supplement, section 256.737, subdivision 7.

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

Mulder introduced:

H. F. No. 3058, A bill for an act relating to capital improvements; appropriating money to upgrade the wastewater treatment facility in Luverne; 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.

Osskopp introduced:

H. F. No. 3059, A bill for an act relating to state lands; providing for payments in lieu of taxes for certain acquired natural resources lands; amending Minnesota Statutes 1994, section 97A.061, subdivision 1, and by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 477A.12; and 477A.14.

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

Long introduced:

H. F. No. 3060, A bill for an act relating to the financing of state and local government; reforming state and local taxes and intergovernmental aid programs; proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with local property taxes; eliminating, consolidating, and replacing school district levies; creating a local option income tax for schools; reforming property tax classifications; imposing a state property tax; providing for local government aid; providing a comprehensive low income tax credit; changing the sales tax base; reducing the sales tax rate; eliminating the accelerated payment of June general sales, use, cigarette, and tobacco tax payments; increasing cigarette and tobacco tax rates; indexing cigarette tax rates; imposing a floor stocks tax; repealing the working family credit, dependent care credit, and property tax refund; appropriating money; amending Minnesota Statutes 1994, sections 124.239, subdivision 5; 124.2601; 124.2711, subdivisions 1 and 5; 124.2713, subdivision 1; 124.2714; 124.2715, subdivision 1; 124.2716, subdivision 2; 124.2725, subdivision 2; 124.2726, subdivision 3; 124.2727, subdivision 6a; 124.4945; 124.83, subdivision 3; 124.91, subdivisions 1 and 2; 124.912, subdivisions 3 and 6; 124.914, subdivisions 1, 2, 3, and 4; 124.916, subdivisions 3 and 4; 124.918, subdivision 8, and by adding a subdivision; 124A.292, subdivision 2; 273.13, subdivisions 22, 23, 31, and by adding subdivisions; 275.02; 289A.20, subdivision 4; 290.06, by adding a subdivision; 290A.02; 290A.03, subdivision 8; 290A.07, subdivision 3; 290A.09; 297.02, subdivision 1; 297.03, subdivision 5; 297.07, subdivision 1; 297.32, subdivision 1; 297A.01, subdivision 16, and by adding a subdivision; 297A.02, subdivision 1; 297A.09; 297A.15, subdivision 5; 297A.25, subdivision 29; 473F.02, subdivisions 4, 5, and 24; 473F.06; 473F.07, subdivisions 1 and 5; 473F.08, subdivisions 2 and 3; 477A.011, subdivisions 20, 35, and by adding a subdivision; 477A.012, subdivision 1; and 477A.013, subdivision 9; Minnesota Statutes 1995 Supplement, sections 122.247, subdivision 3; 122.533; 124.2725, subdivisions 13, 14, and 15; 124.2726, subdivision 1; 124.312, subdivision 5; 124.313; 124.3201, subdivision 1; 124.91, subdivision 4; 124.912, subdivisions 1 and 7; 124.916, subdivisions 1 and 2; 124A.22, subdivision 1; 273.13, subdivisions 24 and 25; 275.065, subdivision 3; 275.08, subdivision 1b; 276.04, subdivision 2; 289A.18, subdivision 4; 290A.03, subdivision 6; 297.35, subdivision 1; 297A.01, subdivision 3; 473F.08, subdivision 5; and 477A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 124A; 290; 297; and 473; repealing Minnesota Statutes 1994, sections 122.531, subdivision 4a; 124.2711, subdivision 3; 124.2713, subdivisions 6a, 6b, and 7; 124.2715, subdivision 2; 124.2716, subdivisions 3 and 4; 124.2725, subdivision 7; 124.2727, subdivisions 6b, 6c, and 9; 124.321, subdivisions 3, 4, and 5; 124.912, subdivision 2; 124A.029, subdivisions 1, 2, 3, and 4; 124A.03, subdivisions 1b, 1d, 1e, 1f, 1i, 2a, 2b, and 3b; 124A.0311, subdivisions 1 and 3; 124A.23, subdivisions 2, 3, and 5; 124A.292, subdivisions 3 and 4; 273.13, subdivision 32; 273.1398, subdivisions 2, 2, 3, and 3a; 275.08, subdivisions 1c and 1d; 275.61; 289A.60, subdivision 15; 290.067, subdivisions 2, 2a, 2b, 3, and 4; 290.0671; 290A.03, subdivisions 3, 4, 5, 7, 9, 10, 11, 12, 12a, and 14; 290A.04, subdivisions 1, 2, 2a, 2b, and 5; 290A.05; 290A.08; 290A.091; 290A.19; 290A.22; 290A.23, subdivision 1; 297.07, subdivision 4; 297.35, subdivision 5; 297A.01, subdivisions 17 and 20; 297A.02, subdivisions 2 and 5; 297A.25, subdivisions 8, 10, 23, and 53; 473F.08, subdivision 8a; 477A.011, subdivision 37; Minnesota Statutes 1995 Supplement, sections 124.2711, subdivision 2a;


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124.2713, subdivision 6; 124.2715, subdivision 3; 124.2725, subdivisions 3, 4, and 15; 124.312, subdivision 4; 124.314, subdivision 2; 124.321, subdivisions 1 and 2; 124A.03, subdivisions 1c, 1g, 1h, and 2; 124A.0311, subdivisions 2 and 4; 124A.22, subdivisions 13d and 13e; 124A.23, subdivisions 1 and 4; 124A.24; 290.067, subdivision 1; 290A.04, subdivisions 3 and 6; 290A.07, subdivision 2a; and 477A.011, subdivision 36.

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

Rukavina, Winter and Bakk introduced:

H. F. No. 3061, A bill for an act relating to the city of Mountain Iron; changing original net tax capacity and extending duration of a tax increment financing district; providing for creation of a soils condition district and for expenditures of the tax increment.

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

Entenza and Swenson, D., introduced:

H. F. No. 3062, A bill for an act relating to drivers' licenses; providing a longer waiting period before the issuance of a limited license following DWI and certain other offenses if the driver is under the age of 18 years; amending Minnesota Statutes 1994, section 171.30, by adding a subdivision.

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

Rest, Wagenius, Trimble, Long and Ozment introduced:

H. F. No. 3063, A bill for an act relating to taxation; providing for an assessment on environmental emissions; providing for an education property tax levy reduction; providing for a refundable FICA credit; providing rulemaking authority; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 273; and 290; proposing coding for new law as Minnesota Statutes, chapter 216E.

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

Hasskamp, Bakk and Munger introduced:

H. F. No. 3064, A bill for an act relating to motor fuels; exempting gasoline used in motor sports competition from oxygenation requirements; amending Minnesota Statutes 1994, section 239.791, by adding a subdivision.

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

Kahn, Murphy, Lourey, Leppik and Anderson, I., introduced:

H. F. No. 3065, A bill for an act relating to capital improvements; appropriating money for a Minnesota women's suffrage memorial garden; authorizing the sale of state bonds.

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

Finseth introduced:

H. F. No. 3066, A bill for an act relating to tax increment financing; allowing the city of East Grand Forks to extend the duration of a tax increment financing district.

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


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6561

McCollum, Tomassoni and Ness introduced:

H. F. No. 3067, A bill for an act relating to education; providing for school bus safety; amending Minnesota Statutes 1994, section 171.321, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 123.7991, subdivision 2; 123.805, subdivision 1; 124.225, subdivision 7f; 169.452; and 631.40, subdivision 1a.

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

Otremba, Schumacher, Osskopp, Kalis and Van Dellen introduced:

H. F. No. 3068, A bill for an act proposing an amendment to the Minnesota Constitution, by adding a section to article XIII; establishing the same constitutional standard for the Minnesota Constitution and the United States Constitution for issues relating to abortion.

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

Workman and Orfield introduced:

H. F. No. 3069, A bill for an act relating to the metropolitan area; requiring the metropolitan council to perform, in the metropolitan area, all duties mandated by state law on counties; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Wejcman, Clark and Long introduced:

H. F. No. 3070, A bill for an act relating to economic development; modifying the neighborhood revitalization program; amending Minnesota Statutes 1994, section 469.1831, subdivisions 3 and 6.

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

Anderson, I., introduced:

H. F. No. 3071, A bill for an act relating to natural resources; providing for protection of a designated trout stream; appropriating money for the replacement of culverts in Morrison brook; authorizing the issuance of state bonds.

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

Bakk and Rukavina introduced:

H. F. No. 3072, A bill for an act relating to county fee lands; ratifying certain sales of county fee lands in Lake county.

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

Mulder introduced:

H. F. No. 3073, A bill for an act relating to gambling; giving the gambling control board authority to issue or renew, or not revoke, a license in certain circumstances; amending Minnesota Statutes 1994, section 349.155, subdivision 3.

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


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6562

Murphy, Tuma, Cooper, Winter and Onnen introduced:

H. F. No. 3074, A bill for an act proposing an amendment to the Minnesota Constitution, by adding a section to article XIII; establishing the same constitutional standard for the Minnesota Constitution and the United States Constitution for issues relating to abortion.

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

Wenzel introduced:

H. F. No. 3075, A bill for an act relating to taxation; allowing a tax refund or credit on unsold pull-tabs or tipboard tickets; appropriating money; amending Minnesota Statutes 1994, section 297E.02, subdivisions 4 and 10.

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

Finseth introduced:

H. F. No. 3076, A bill for an act relating to the environment; providing an exemption from the licensing requirement for individual sewage treatment system professionals; amending Minnesota Statutes 1995 Supplement, section 115.56, subdivision 2.

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

Lourey introduced:

H. F. No. 3077, A bill for an act relating to human services; authorizing an increase in the reimbursement rate for day training and habilitation services.

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

Lourey, Osthoff and Tomassoni introduced:

H. F. No. 3078, A bill for an act relating to insurance; providing for immunity under homeowner's insurance for day care services; amending Minnesota Statutes 1994, section 65A.27, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 65A.

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

Mariani and Wejcman introduced:

H. F. No. 3079, A bill for an act relating to health; requiring a study of migrant farmworker health and socio-economic data; creating an advisory committee; appropriating money.

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

Tuma and Dehler introduced:

H. F. No. 3080, A bill for an act relating to education; providing that Minnesota state colleges and universities and University of Minnesota student associations shall not contract for lobbying services; amending Minnesota Statutes 1995 Supplement, section 136F.22, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 137.

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


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6563

Munger, McCollum, Weaver and Wagenius introduced:

H. F. No. 3081, A bill for an act relating to natural resources; modifying provisions relating to wetlands; appropriating money; amending Minnesota Statutes 1994, sections 103B.3355; 103F.612, subdivisions 2, 3, 5, 6, and 7; 103G.005, by adding subdivisions; 103G.222; 103G.2241; 103G.2242, subdivisions 1, 2, 4, 6, 7, 9, and 12; 103G.237, subdivision 4, and by adding a subdivision; 103G.2373; and 115.03, by adding a subdivision; repealing Minnesota Statutes 1994, section 103G.2242, subdivision 13.

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

Lourey introduced:

H. F. No. 3082, A bill for an act relating to family law; child visitation; modifying grandparent rights of visitation; amending Minnesota Statutes 1994, section 257.022, by adding a subdivision.

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

Entenza, Solberg, Orfield, McElroy and Abrams introduced:

H. F. No. 3083, A bill for an act relating to state government; requiring the commissioner of human rights to submit a plan to the legislature.

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

Lourey introduced:

H. F. No. 3084, A bill for an act relating to education; permitting district transportation for late school activities; providing restrictions for pupils driving private vehicles to school; appropriating money; amending Minnesota Statutes 1995 Supplement, sections 123.39, subdivision 1; and 124.223, by adding a subdivision.

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

Brown introduced:

H. F. No. 3085, A bill for an act relating to environmental education; capital improvements; appropriating money for an environmental learning center; authorizing the issuance of state bonds.

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

Orfield introduced:

H. F. No. 3086, A bill for an act relating to education; providing funding for school enrichment partnership program; appropriating money; amending Laws 1995, First Special Session chapter 3, article 4, section 29, subdivision 18.

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

McGuire introduced:

H. F. No. 3087, A bill for an act relating to crime prevention; requiring the creation and dissemination to the public of a brochure relating to harassment and stalking crimes; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 609.

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


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6564

Pugh, Cooper, Weaver, Murphy and Solberg introduced:

H. F. No. 3088, A bill for an act relating to courts; establishing the salary of the executive director of the board on judicial standards; amending Minnesota Statutes 1994, section 15A.083, subdivisions 4 and 6a.

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

Rukavina and Anderson, I., introduced:

H. F. No. 3089, A bill for an act relating to natural resources; establishing the Gilbert off highway vehicle recreation area; authorizing bonds; appropriating money; amending Minnesota Statutes 1994, section 85.013, by adding a subdivision.

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

Luther, Skoglund and Peterson introduced:

H. F. No. 3090, A bill for an act relating to human services; requiring background studies of individuals who provide transportation services to patients and residents of health care facilities licensed by the department of health and the department of human services; requiring criminal background checks of individuals who provide transportation services to elderly, handicapped, and other individuals with special transportation needs through contracts with the metropolitan council; amending Minnesota Statutes 1995 Supplement, sections 144.057, subdivision 1; 245A.04, subdivision 3; and 473.386, subdivision 2.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

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

S. F. Nos. 1040, 1815, 1936, 1984, 1797 and 2166.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 1040, A bill for an act relating to insurance; regulating the sale of long-term care insurance; amending Minnesota Statutes 1994, section 62A.49, subdivision 1; Minnesota Statutes 1995 Supplement, sections 62A.46, subdivision 2; and 62A.48, subdivision 1.

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

S. F. No. 1815, A bill for an act relating to insurance; regulating the underwriting of life and health coverages for victims of domestic abuse; amending Minnesota Statutes 1994, section 72A.20, subdivision 8.

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


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6565

S. F. No. 1936, A bill for an act relating to the state lottery; providing that the director may permit a lottery retailer to sell tickets at more than one location; eliminating the requirement that lottery retailers post a bond with the lottery; amending Minnesota Statutes 1994, section 349A.06, subdivisions 1, 3, and 11.

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

S. F. No. 1984, A bill for an act relating to natural resources; modifying and adding to the list of canoe and boating routes; amending Minnesota Statutes 1995 Supplement, section 85.32, subdivision 1.

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

S. F. No. 1797, A bill for an act relating to drivers' licenses; providing that certain license suspensions are not effective until 14 days after notice has been mailed to the licensee; restricting authority to suspend driver's license for petty misdemeanor traffic violations; amending Minnesota Statutes 1994, sections 169.797, by adding a subdivision; 169.92, subdivision 4; 170.24; 171.09; 171.16, by adding a subdivision; 171.18, subdivision 2; and 171.182, subdivision 3; Minnesota Statutes 1995 Supplement, section 171.18, subdivision 1.

The bill was read for the first time.

Leppik moved that S. F. No. 1797 and H. F. No. 2012, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2166, A bill for an act relating to capital improvements; permitting up to a 40-year term for certain bonds; amending Minnesota Statutes 1994, sections 429.091, subdivision 3; and 475.54, subdivisions 1 and 3.

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

CONSENT CALENDAR

H. F. No. 2085, A bill for an act relating to local government; excluding certain fire and police department employees from civil service in the city of St. Louis Park.

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 123 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Olson, M.    Smith
Anderson, B. Finseth      Koppendrayer Onnen        Solberg
Anderson, R. Frerichs     Kraus        Opatz        Stanek
Bertram      Garcia       Larsen       Orenstein    Sviggum
Bettermann   Goodno       Leighton     Orfield      Swenson, H.

JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6566
Bishop Greenfield Leppik Osskopp Sykora Boudreau Greiling Lieder Osthoff Tomassoni Bradley Gunther Lindner Ostrom Trimble Broecker Haas Long Otremba Tuma Brown Hackbarth Lourey Ozment Tunheim Carlson, L. Harder Luther Paulsen Van Dellen Carlson, S. Hasskamp Lynch Pawlenty Van Engen Carruthers Hausman Macklin Pellow Vickerman Clark Holsten Mahon Pelowski Wagenius Commers Huntley Mares Perlt Warkentin Cooper Jefferson Marko Peterson Weaver Daggett Johnson, A. McCollum Pugh Wejcman Dauner Johnson, R. McElroy Rest Wenzel Davids Johnson, V. McGuire Rhodes Winter Dawkins Kahn Milbert Rice Wolf Dehler Kalis Molnau Rostberg Worke Delmont Kelley Mulder Sarna Workman Dempsey Kelso Munger Schumacher Sp.Anderson,I Dorn Kinkel Murphy Seagren Entenza Knight Ness Skoglund
The bill was passed and its title agreed to.

H. F. No. 2114, A bill for an act relating to drivers' licenses; changing codes for two types of driver's license; amending Minnesota Statutes 1994, sections 171.02, subdivision 2; 171.04, subdivision 2; 171.05, subdivision 1; 171.06, subdivision 3; 171.07, subdivisions 1b, 2, and 3a; 171.165, subdivision 5; and 171.321, subdivision 1; Minnesota Statutes 1995 Supplement, sections 171.02, subdivision 2a; 171.06, subdivision 2; and 171.30, 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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Murphy       Skoglund
Anderson, B. Finseth      Knoblach     Ness         Smith
Anderson, R. Frerichs     Koppendrayer Olson, M.    Solberg
Bertram      Garcia       Kraus        Onnen        Stanek
Bettermann   Girard       Krinkie      Opatz        Sviggum
Bishop       Goodno       Larsen       Orenstein    Swenson, D.
Boudreau     Greenfield   Leighton     Orfield      Swenson, H.
Bradley      Greiling     Leppik       Osskopp      Sykora
Broecker     Gunther      Lieder       Osthoff      Tomassoni
Brown        Haas         Lindner      Ostrom       Trimble
Carlson, L.  Hackbarth    Long         Otremba      Tuma
Carlson, S.  Harder       Lourey       Ozment       Tunheim
Carruthers   Hasskamp     Luther       Paulsen      Van Dellen
Clark        Hausman      Lynch        Pawlenty     Van Engen
Commers      Holsten      Macklin      Pellow       Vickerman
Cooper       Huntley      Mahon        Pelowski     Wagenius
Daggett      Jaros        Mares        Perlt        Warkentin
Dauner       Jefferson    Mariani      Peterson     Weaver
Davids       Johnson, A.  Marko        Pugh         Wejcman
Dawkins      Johnson, R.  McCollum     Rest         Wenzel
Dehler       Johnson, V.  McElroy      Rhodes       Winter
Delmont      Kahn         McGuire      Rice         Wolf
Dempsey      Kalis        Milbert      Rostberg     Worke
Dorn         Kelley       Molnau       Sarna        Workman
Entenza      Kelso        Mulder       Schumacher   Sp.Anderson,I
Erhardt      Kinkel       Munger       Seagren      
The bill was passed and its title agreed to.

H. F. No. 2132 was reported to the House.

Boudreau moved to amend H. F. No. 2132, the first engrossment, as follows:

Page 1, line 14, delete "board" and insert "boards"

Page 1, line 15, delete "No." and insert "Nos." and after "Buffalo," insert "and 656, Faribault," and delete "is" and insert "are"

The motion prevailed and the amendment was adopted.

H. F. No. 2132, A bill for an act relating to education; permitting certain school district school years to begin before Labor Day.

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


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6567

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      Koppendrayer Onnen        Stanek
Anderson, B. Finseth      Kraus        Opatz        Sviggum
Anderson, R. Frerichs     Krinkie      Orenstein    Swenson, D.
Bakk         Garcia       Larsen       Orfield      Swenson, H.
Bertram      Goodno       Leighton     Osskopp      Sykora
Bettermann   Greenfield   Leppik       Osthoff      Tomassoni
Bishop       Greiling     Lieder       Ostrom       Tompkins
Boudreau     Gunther      Lindner      Otremba      Trimble
Bradley      Haas         Long         Ozment       Tuma
Broecker     Hackbarth    Lourey       Paulsen      Tunheim
Brown        Harder       Luther       Pawlenty     Van Dellen
Carlson, L.  Hasskamp     Lynch        Pellow       Van Engen
Carlson, S.  Hausman      Macklin      Pelowski     Vickerman
Carruthers   Holsten      Mahon        Perlt        Wagenius
Clark        Huntley      Mares        Peterson     Warkentin
Commers      Jaros        Mariani      Pugh         Weaver
Cooper       Jefferson    Marko        Rest         Wejcman
Daggett      Johnson, A.  McCollum     Rhodes       Wenzel
Dauner       Johnson, R.  McElroy      Rice         Winter
Davids       Johnson, V.  McGuire      Rostberg     Wolf
Dawkins      Kahn         Milbert      Rukavina     Worke
Dehler       Kalis        Molnau       Sarna        Workman
Delmont      Kelley       Mulder       Schumacher   Sp.Anderson,I
Dempsey      Kelso        Munger       Seagren      
Dorn         Kinkel       Murphy       Skoglund     
Entenza      Knight       Ness         Smith        
Erhardt      Knoblach     Olson, M.    Solberg      
The bill was passed, as amended, and its title agreed to.

H. F. No. 2239, A bill for an act relating to local government; allowing the city of Morristown to maintain and pay for certain electrical power outside the city.

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      Koppendrayer Onnen        Stanek
Anderson, B. Finseth      Kraus        Opatz        Sviggum
Anderson, R. Frerichs     Krinkie      Orenstein    Swenson, D.
Bakk         Garcia       Larsen       Orfield      Swenson, H.
Bertram      Goodno       Leighton     Osskopp      Sykora
Bettermann   Greenfield   Leppik       Osthoff      Tomassoni
Bishop       Greiling     Lieder       Ostrom       Tompkins
Boudreau     Gunther      Lindner      Otremba      Tuma
Bradley      Haas         Long         Ozment       Tunheim
Broecker     Hackbarth    Lourey       Paulsen      Van Dellen
Brown        Harder       Luther       Pawlenty     Van Engen
Carlson, L.  Hasskamp     Lynch        Pellow       Vickerman
Carlson, S.  Hausman      Macklin      Pelowski     Wagenius
Carruthers   Holsten      Mahon        Perlt        Warkentin
Clark        Huntley      Mares        Peterson     Weaver
Commers      Jaros        Mariani      Pugh         Wejcman
Cooper       Jefferson    Marko        Rest         Wenzel
Daggett      Jennings     McCollum     Rhodes       Winter
Dauner       Johnson, A.  McElroy      Rice         Wolf
Davids       Johnson, R.  McGuire      Rostberg     Worke
Dawkins      Johnson, V.  Milbert      Rukavina     Workman
Dehler       Kahn         Molnau       Sarna        Sp.Anderson,I
Delmont      Kalis        Mulder       Schumacher   
Dempsey      Kelley       Munger       Seagren      
Dorn         Kinkel       Murphy       Skoglund     
Entenza      Knight       Ness         Smith        
Erhardt      Knoblach     Olson, M.    Solberg      
The bill was passed and its title agreed to.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6568

H. F. No. 2380, A bill for an act relating to motor vehicles; specifying percentages of the motorcycle safety fund that may be spent on administration and motorcycle safety instruction; amending Minnesota Statutes 1995 Supplement, section 126.115, 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 131 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knoblach     Onnen        Stanek
Anderson, B. Finseth      Koppendrayer Opatz        Sviggum
Anderson, R. Frerichs     Kraus        Orenstein    Swenson, D.
Bakk         Garcia       Larsen       Orfield      Swenson, H.
Bertram      Goodno       Leighton     Osskopp      Sykora
Bettermann   Greenfield   Leppik       Osthoff      Tomassoni
Bishop       Greiling     Lieder       Ostrom       Tompkins
Boudreau     Gunther      Lindner      Otremba      Trimble
Bradley      Haas         Long         Ozment       Tuma
Broecker     Hackbarth    Lourey       Paulsen      Tunheim
Brown        Harder       Luther       Pawlenty     Van Dellen
Carlson, L.  Hasskamp     Lynch        Pellow       Van Engen
Carlson, S.  Hausman      Macklin      Pelowski     Vickerman
Carruthers   Holsten      Mahon        Perlt        Wagenius
Clark        Huntley      Mares        Peterson     Warkentin
Commers      Jaros        Mariani      Pugh         Weaver
Cooper       Jefferson    Marko        Rest         Wejcman
Daggett      Jennings     McCollum     Rhodes       Wenzel
Dauner       Johnson, A.  McElroy      Rice         Winter
Davids       Johnson, R.  McGuire      Rostberg     Wolf
Dawkins      Johnson, V.  Milbert      Rukavina     Worke
Dehler       Kahn         Molnau       Sarna        Workman
Delmont      Kalis        Mulder       Schumacher   Sp.Anderson,I
Dempsey      Kelley       Munger       Seagren      
Dorn         Kelso        Murphy       Skoglund     
Entenza      Kinkel       Ness         Smith        
Erhardt      Knight       Olson, M.    Solberg      
Those who voted in the negative were:

Krinkie                   
The bill was passed and its title agreed to.

H. F. No. 2625, A bill for an act relating to the city of Baxter; allowing the city of Baxter to expand its public utilities commission to five members.

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

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

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         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

JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6569
Brown Hackbarth Long Ozment Tunheim Carlson, L. Harder Lourey Paulsen Van Dellen Carlson, S. Hasskamp Luther Pawlenty Van Engen Carruthers Hausman Lynch Pelowski 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 Milbert Sarna Workman Dempsey Kalis Molnau Schumacher Sp.Anderson,I Dorn Kelley Mulder Seagren Entenza Kelso Munger Skoglund Erhardt Kinkel Murphy Smith
The bill was passed and its title agreed to.

H. F. No. 2125, A bill for an act relating to the environment; repealing obsolete air quality and wastewater treatment rules; amending Minnesota Rules, parts 7009.0080; 7035.2835, subpart 3; 7050.0185, subpart 8; 7050.0210, subpart 17; and 7077.0100; proposing coding for new law in Minnesota Statutes, chapter 116; repealing Minnesota Rules, parts 7011.0400; 7011.0405; 7011.0410; 7077.0500; 7077.0505; 7077.0510; 7077.0515; 7077.0520; 7077.0525; 7077.0530; 7077.0535; 7077.0540; 7077.0545; 7077.0550; 7077.0555; 7077.0560; 7077.0600; 7077.0605; 7077.0610; 7077.0615; 7077.0620; 7077.0625; 7077.0630; 7077.0635; 7077.0640; 7077.0645; 7077.0650; 7077.0655; and 7077.0660.

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 133 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Smith
Anderson, B. Finseth      Knoblach     Olson, M.    Solberg
Anderson, R. Frerichs     Koppendrayer Onnen        Stanek
Bakk         Garcia       Kraus        Opatz        Sviggum
Bertram      Girard       Krinkie      Orenstein    Swenson, D.
Bettermann   Goodno       Larsen       Orfield      Swenson, H.
Bishop       Greenfield   Leighton     Osskopp      Sykora
Boudreau     Greiling     Leppik       Osthoff      Tomassoni
Bradley      Gunther      Lieder       Ostrom       Tompkins
Broecker     Haas         Lindner      Otremba      Trimble
Brown        Hackbarth    Long         Ozment       Tuma
Carlson, L.  Harder       Lourey       Paulsen      Tunheim
Carlson, S.  Hasskamp     Luther       Pawlenty     Van Dellen
Carruthers   Hausman      Lynch        Pellow       Van Engen
Clark        Holsten      Macklin      Pelowski     Vickerman
Commers      Huntley      Mahon        Perlt        Wagenius
Cooper       Jaros        Mares        Peterson     Warkentin
Daggett      Jefferson    Mariani      Pugh         Weaver
Dauner       Jennings     Marko        Rest         Wejcman
Davids       Johnson, A.  McCollum     Rhodes       Wenzel
Dawkins      Johnson, R.  McElroy      Rice         Winter
Dehler       Johnson, V.  McGuire      Rostberg     Wolf
Delmont      Kahn         Milbert      Rukavina     Worke
Dempsey      Kalis        Molnau       Sarna        Workman
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
Entenza      Kelso        Munger       Seagren      
Erhardt      Kinkel       Murphy       Skoglund     
The bill was passed and its title agreed to.

H. F. No. 2190, A bill for an act relating to health; providing for the cancellation of recodification efforts; repealing Laws 1994, chapter 625, article 5, section 5, as amended.

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 1 nay 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      Pelowski     Wagenius
Clark        Holsten      Mahon        Perlt        Warkentin
Commers      Huntley      Mares        Peterson     Weaver
Cooper       Jaros        Mariani      Pugh         Wejcman
Daggett      Jefferson    Marko        Rest         Wenzel
Dauner       Jennings     McCollum     Rhodes       Winter
Davids       Johnson, A.  McElroy      Rice         Wolf
Dawkins      Johnson, R.  McGuire      Rostberg     Worke

JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6570
Dehler Johnson, V. Milbert Rukavina Workman Delmont Kahn Molnau Sarna Sp.Anderson,I Dempsey Kalis Mulder Schumacher Dorn Kelley Munger Seagren Entenza Kelso Murphy Skoglund Erhardt Kinkel Ness Smith
Those who voted in the negative were:

Knight                    

JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6571
The bill was passed and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

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, February 5, 1996:

H. F. Nos. 2042, 2355, 2834, 2310, 2285, 2634, 2155 and 2098.

SPECIAL ORDERS

H. F. No. 2042 was reported to the House.

Kahn and Skoglund moved to amend H. F. No. 2042, the first engrossment, as follows:

Page 1, after line 25, insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

The motion prevailed and the amendment was adopted.

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.

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


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6572

The question was taken on the passage of the bill and the roll was called. There were 68 yeas and 65 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kinkel       Opatz        Sarna
Bakk         Greenfield   Leighton     Orenstein    Schumacher
Bertram      Greiling     Lieder       Orfield      Skoglund
Brown        Hasskamp     Long         Osthoff      Solberg
Carlson, L.  Hausman      Lourey       Ostrom       Tomassoni
Carruthers   Huntley      Luther       Otremba      Trimble
Clark        Jaros        Mahon        Pelowski     Tunheim
Cooper       Jefferson    Mariani      Perlt        Wagenius
Dauner       Johnson, A.  Marko        Peterson     Wejcman
Dawkins      Johnson, R.  McCollum     Pugh         Wenzel
Delmont      Kahn         McGuire      Rest         Winter
Dorn         Kalis        Milbert      Rhodes       Sp.Anderson,I
Entenza      Kelley       Munger       Rice         
Farrell      Kelso        Murphy       Rukavina     
Those who voted in the negative were:

Abrams       Erhardt      Knoblach     Ness         Swenson, D.
Anderson, B. Finseth      Koppendrayer Olson, M.    Swenson, H.
Bettermann   Frerichs     Kraus        Onnen        Sykora
Bishop       Girard       Krinkie      Osskopp      Tompkins
Boudreau     Goodno       Larsen       Ozment       Tuma
Bradley      Gunther      Leppik       Paulsen      Van Dellen
Broecker     Haas         Lindner      Pawlenty     Van Engen
Carlson, S.  Hackbarth    Lynch        Pellow       Vickerman
Commers      Harder       Macklin      Rostberg     Warkentin
Daggett      Holsten      Mares        Seagren      Weaver
Davids       Jennings     McElroy      Smith        Wolf
Dehler       Johnson, V.  Molnau       Stanek       Worke
Dempsey      Knight       Mulder       Sviggum      Workman 
The bill was passed, as amended, and its title agreed to.

H. F. No. 2355, A bill for an act relating to local government; authorizing a city, county, or town to require certain information in applying for or as a condition of granting approval of permits required under official controls; amending Minnesota Statutes 1994, section 462.353, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 366 and 394.

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 1 nay as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Koppendrayer Onnen        Stanek
Anderson, B. Finseth      Kraus        Opatz        Sviggum
Anderson, R. Frerichs     Krinkie      Orenstein    Swenson, D.
Bakk         Garcia       Larsen       Orfield      Swenson, H.
Bertram      Girard       Leighton     Osskopp      
SykoraTomassoni
Bettermann   Goodno       Leppik       Osthoff      Tompkins
Bishop       Greiling     Lieder       Ostrom       Trimble
Boudreau     Gunther      Lindner      Otremba      Tuma
Bradley      Haas         Long         Ozment       Tunheim
Broecker     Hackbarth    Lourey       Paulsen      Van Dellen
Brown        Harder       Luther       Pawlenty     Van Engen
Carlson, L.  Hasskamp     Lynch        Pellow       Vickerman
Carlson, S.  Hausman      Macklin      Pelowski     Wagenius
Carruthers   Holsten      Mahon        Perlt        Warkentin
Clark        Huntley      Mares        Peterson     Weaver

JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6573
Commers Jaros Mariani Pugh Wejcman Cooper Jefferson Marko Rest Wenzel Daggett Jennings McCollum Rhodes Winter Dauner Johnson, A. McElroy Rice Wolf Davids Johnson, R. McGuire Rostberg Worke Dawkins Johnson, V. Milbert Rukavina Workman Dehler Kahn Molnau Sarna Sp.Anderson,I Delmont Kalis Mulder Schumacher Dempsey Kelley Munger Seagren Dorn Kelso Murphy Skoglund Entenza Kinkel Ness Smith Erhardt Knoblach Olson, M. Solberg
Those who voted in the negative were:

Knight                     
The bill was passed and its title agreed to.

H. F. No. 2834 was reported to the House.

Bakk; Hasskamp; Munger; McCollum; Lindner; Johnson, R.; Kinkel; Milbert; Tomassoni and Johnson, V., moved to amend H. F. No. 2834, the first engrossment, as follows:

Page 1, delete section 2 and insert:

"Sec. 2. Minnesota Statutes 1994, section 86B.305, subdivision 1, is amended to read:

Subdivision 1. [UNDER AGE 12.] (a) Except in case of an emergency, a person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more than 30 25 horsepower unless there is present in the watercraft, in addition to the operator, the operator's parent or legal guardian or at least one person of the age 18 or older who is within immediate reach of the controls of the motor. For purposes of section 86B.331, the parent, guardian, or person age 18 or older, as well as the actual operator, is in physical control of the motorboat.

(b) A person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more than 75 horsepower."

The motion prevailed and the amendment was adopted.

Kinkel and Hasskamp moved to amend H. F. No. 2834, the first engrossment, as amended, as follows:

Page 2, after line 6, insert:

"Sec. 4. Minnesota Statutes 1994, section 86B.313, is amended to read:

86B.313 [PERSONAL WATERCRAFT REGULATIONS.]

Subdivision 1. [GENERAL REQUIREMENTS.] In addition to requirements of other laws relating to watercraft, it is unlawful to operate or to permit the operation of a personal watercraft:

(1) without each person on board the personal watercraft wearing a United States Coast Guard approved Type I, II, III, or V personal flotation device;

(2) between sunset and 8:00 a.m.;

(3) within 100 feet of a shoreline, dock, swimmer, or swimming diving raft or a moored, anchored, or nonmotorized watercraft at greater than slow-no wake speed;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified accessory mirrors that give the operator a wide field of vision to the rear;(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within 100 feet of the other watercraft; or

(10) on any recreational development lake under 100 acres in size; or

(11) in any other manner that is not reasonable and prudent."

A roll call was requested and properly seconded.

The question was taken on the Kinkel and Hasskamp amendment and the roll was called. There were 45 yeas and 87 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greiling     Kelso        Opatz        Tomassoni
Bakk         Hasskamp     Kinkel       Orenstein    Trimble
Bertram      Hausman      Long         Orfield      Wagenius
Carruthers   Huntley      Lourey       Ostrom       Wenzel
Cooper       Jaros        Mahon        Peterson     Sp.Anderson,I
Dawkins      Jefferson    Mares        Pugh         
Entenza      Jennings     Mariani      Rest         
Erhardt      Johnson, A.  McGuire      Rukavina     
Goodno       Kahn         Munger       Solberg      
Greenfield   Kalis        Murphy       Swenson, D.  
Those who voted in the negative were:

Abrams       Dorn         Krinkie      Osskopp      Swenson, H.
Anderson, B. Farrell      Larsen       Osthoff      Sykora
Bettermann   Finseth      Leighton     Otremba      Tompkins
Bishop       Frerichs     Leppik       Ozment       Tuma
Boudreau     Garcia       Lieder       Paulsen      Tunheim
Bradley      Girard       Lindner      Pawlenty     Van Dellen
Broecker     Gunther      Luther       Pellow       Van Engen
Brown        Haas         Lynch        Pelowski     Vickerman
Carlson, L.  Hackbarth    Macklin      Perlt        Warkentin
Carlson, S.  Harder       Marko        Rhodes       Weaver
Clark        Holsten      McCollum     Rostberg     Wejcman
Commers      Johnson, R.  McElroy      Sarna        Winter
Daggett      Johnson, V.  Milbert      Schumacher   Wolf
Dauner       Kelley       Molnau       Seagren      Worke
Davids       Knight       Mulder       Skoglund     Workman 
Dehler       Knoblach     Ness         Smith        
Delmont      Koppendrayer Olson, M.    Stanek       
Dempsey      Kraus        Onnen        Sviggum      
The motion did not prevail and the amendment was not adopted.

Bishop moved to amend H. F. No. 2834, the first engrossment, as amended, as follows:

Page 2, delete section 4

Renumber the remaining section

Amend the title accordingly

A roll call was requested and properly seconded.


JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6574

The question was taken on the Bishop amendment and the roll was called. There were 57 yeas and 75 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Osskopp      Tuma
Anderson, B. Frerichs     Krinkie      Paulsen      Van Dellen
Bettermann   Girard       Larsen       Pellow       Van Engen
Bishop       Goodno       Lindner      Pelowski     Vickerman
Boudreau     Gunther      Lynch        Perlt        Warkentin
Bradley      Hackbarth    Macklin      Rice         Weaver
Commers      Harder       McElroy      Rostberg     Wolf
Daggett      Holsten      Milbert      Seagren      Worke
Davids       Jennings     Molnau       Smith        Workman 
Dehler       Johnson, V.  Mulder       Sviggum      
Delmont      Knight       Olson, M.    Sykora       
Erhardt      Koppendrayer Onnen        Tomassoni    
Those who voted in the negative were:

Anderson, R. Garcia       Knoblach     Opatz        Stanek
Bakk         Greenfield   Leighton     Orenstein    Swenson, D.
Bertram      Greiling     Leppik       Orfield      Swenson, H.
Broecker     Haas         Lieder       Osthoff      Tompkins
Brown        Hasskamp     Long         Ostrom       Trimble
Carlson, L.  Hausman      Lourey       Otremba      Tunheim
Carlson, S.  Huntley      Luther       Ozment       Wagenius
Carruthers   Jaros        Mahon        Pawlenty     Wejcman
Clark        Jefferson    Mares        Peterson     Wenzel
Cooper       Johnson, A.  Mariani      Rest         Winter
Dauner       Johnson, R.  Marko        Rhodes       Sp.Anderson,I
Dawkins      Kahn         McCollum     Rukavina     
Dempsey      Kalis        McGuire      Sarna        
Dorn         Kelley       Munger       Schumacher   
Entenza      Kelso        Murphy       Skoglund     
Farrell      Kinkel       Ness         Solberg      
The motion did not prevail and the amendment was not adopted.

H. F. No. 2834, A bill for an act relating to watercraft; modifying the requirements for operation of a motor boat by a youth; modifying the provisions for operation of a personal watercraft by a youth; amending Minnesota Statutes 1994, sections 86B.305, subdivisions 1 and 2; and 86B.313, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 12 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Knight       Murphy       Skoglund
Anderson, R. Garcia       Knoblach     Ness         Solberg
Bakk         Girard       Koppendrayer Olson, M.    Stanek
Bertram      Goodno       Kraus        Opatz        Sviggum
Bettermann   Greenfield   Krinkie      Orenstein    Swenson, D.
Boudreau     Greiling     Larsen       Orfield      Swenson, H.
Broecker     Gunther      Leighton     Osthoff      Tomassoni
Brown        Haas         Leppik       Ostrom       Tompkins
Carlson, L.  Hackbarth    Lieder       Otremba      Trimble
Carlson, S.  Harder       Long         Ozment       Tuma
Carruthers   Hasskamp     Lourey       Paulsen      Tunheim
Clark        Hausman      Luther       Pawlenty     Van Dellen
Commers      Holsten      Lynch        Pellow       Vickerman
Cooper       Huntley      Macklin      Pelowski     Wagenius
Daggett      Jaros        Mahon        Perlt        Warkentin
Dauner       Jefferson    Mares        Peterson     Weaver
Dawkins      Jennings     Mariani      Pugh         Wejcman
Dehler       Johnson, A.  Marko        Rest         Wenzel
Delmont      Johnson, R.  McCollum     Rhodes       Winter
Dempsey      Johnson, V.  McElroy      Rice         Worke
Dorn         Kahn         McGuire      Rostberg     Sp.Anderson,I
Entenza      Kalis        Milbert      Rukavina     
Erhardt      Kelley       Molnau       Sarna        
Farrell      Kelso        Mulder       Schumacher   
Finseth      Kinkel       Munger       Seagren      

JOURNAL OF THE HOUSE - 73rd Day - Top of Page 6575
Those who voted in the negative were:

Anderson, B. Davids       Osskopp      Van Engen    
Bishop       Lindner      Smith        Wolf         
Bradley      Onnen        Sykora       Workman      
The bill was passed, as amended, and its title agreed to.

H. F. No. 2310, A bill for an act relating to health; transferring certain authority from the commissioner of health to the emergency medical services regulatory board; adding two members to the emergency medical services regulatory board; adding an exemption to the medical license requirement; specifying effective date of appointments and board actions; amending Minnesota Statutes 1994, section 169.686, subdivision 3; Minnesota Statutes 1995 Supplement, sections 144.8093, subdivision 4; 144E.01, subdivision 1; and 147.09.

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 128 yeas and 4 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Farrell      Kinkel       Murphy       Seagren
Anderson, R. Finseth      Knoblach     Ness         Skoglund
Bakk         Frerichs     Koppendrayer Olson, M.    Solberg
Bertram      Garcia       Kraus        Onnen        Stanek
Bettermann   Girard       Krinkie      Opatz        Swenson, D.
Bishop       Goodno       Larsen       Orenstein    Swenson, H.
Boudreau     Greenfield   Leighton     Orfield      Sykora
Bradley      Greiling     Leppik       Osskopp      Tomassoni
Broecker     Gunther      Lieder       Osthoff      Tompkins
Brown        Haas         Lindner      Ostrom       Trimble
Carlson, L.  Hackbarth    Long         Otremba      Tuma
Carlson, S.  Harder       Lourey       Ozment       Tunheim
Carruthers   Hasskamp     Luther       Paulsen      Van Dellen
Clark        Hausman      Lynch        Pawlenty     Van Engen
Commers      Holsten      Macklin      Pellow       Vickerman
Cooper       Huntley      Mahon        Pelowski     Wagenius
Daggett      Jaros        Mares        Perlt        Warkentin
Dauner       Jefferson    Mariani      Peterson     Weaver
Davids       Jennings     Marko        Pugh         Wenzel
Dawkins      Johnson, A.  McCollum     Rest         Winter
Dehler       Johnson, R.  McElroy      Rhodes       Wolf
Delmont      Johnson, V.  McGuire      Rice         Worke
Dempsey      Kahn         Milbert      Rostberg     Workman
Dorn         Kalis        Molnau       Rukavina     Sp.Anderson,I
Entenza      Kelley       Mulder       Sarna        
Erhardt      Kelso        Munger       Schumacher   
Those who voted in the negative were:

Abrams       Knight       Smith        Sviggum      
The bill was passed and its title agreed to.

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Skoglund moved that his name be stricken as an author on H. F. No. 426. The motion prevailed.

Anderson, R., moved that his name be shown as second author and the name of Lourey be shown as chief author on H. F. No. 671. The motion prevailed.


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Carlson, L., moved that the names of Bettermann, Dorn and Pelowski be added as authors on H. F. No. 2058. The motion prevailed.

Weaver moved that the names of Gunther and Warkentin be added as authors on H. F. No. 2062. The motion prevailed.

Jefferson moved that the name of Tunheim be added as chief author on H. F. No. 2101. The motion prevailed.

Swenson, H., moved that the name of Dempsey be added as an author on H. F. No. 2105. The motion prevailed.

Cooper moved that the name of Boudreau be added as an author on H. F. No. 2163. The motion prevailed.

Koppendrayer moved that his name be stricken as an author on H. F. No. 2205. The motion prevailed.

Rostberg moved that the name of Kahn be added as an author on H. F. No. 2212. The motion prevailed.

Warkentin moved that the name of Mulder be added as an author on H. F. No. 2256. The motion prevailed.

Rostberg moved that the name of Gunther be added as an author on H. F. No. 2539. The motion prevailed.

Bishop moved that the name of Kelso be added as an author on H. F. No. 2710. The motion prevailed.

Dawkins moved that the name of Jaros be added as an author on H. F. No. 2766. The motion prevailed.

Delmont moved that the name of Milbert be added as an author on H. F. No. 2777. The motion prevailed.

Molnau moved that the names of Carlson, S.; Gunther and Warkentin be added as authors on H. F. No. 2837. The motion prevailed.

McElroy moved that the name of Carlson, S., be added as an author on H. F. No. 2844. The motion prevailed.

Johnson, V., moved that the name of Gunther be added as an author on H. F. No. 2853. The motion prevailed.

Luther moved that the name of Milbert be added as an author on H. F. No. 2870. The motion prevailed.

Seagren moved that her name be stricken as an author on H. F. No. 2887. The motion prevailed.

Rukavina moved that the name of Osthoff be added as an author on H. F. No. 3008. The motion prevailed.

Ness moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, February 1, 1996, when the vote was taken on the final passage of H. F. No. 2332, as amended." The motion prevailed.

Dehler moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, February 1, 1996, when the vote was taken on the final passage of H. F. No. 2413." The motion prevailed.

Rest moved that H. F. Nos. 514 and 515 be recalled from the Committee on Governmental Operations and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

Greenfield moved that H. F. No. 2245 be recalled from the Committee on Housing and be re-referred to the Committee on Health and Human Services. The motion prevailed.

Long moved that H. F. No. 3055 be recalled from the Committee on Housing and be re-referred to the Committee on Taxes. The motion prevailed.

Haas moved that S. F. No. 1862 be recalled from the Committee on Health and Human Services and together with H. F. No. 2110, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.


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Kahn moved that H. F. No. 2256, now on Technical General Orders, be re-referred to the Committee on Governmental Operations. The motion prevailed.

Kelso moved that H. F. No. 2351, now on Technical General Orders, be re-referred to the Committee on Education. The motion prevailed.

Van Dellen moved that H. F. No. 2214 be returned to its author. The motion prevailed.

Stanek moved that H. F. No. 2305 be returned to its author. The motion prevailed.

Davids moved that H. F. No. 2748 be returned to its author. The motion prevailed.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Wednesday, February 7, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Wednesday, February 7, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives


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