McElroy and Olson, E., were excused.

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

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, February 12, 1996. The motion prevailed.

S. F. No. 1946 and H. F. No. 2410, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Hasskamp moved that the rules be so far suspended that S. F. No. 1946 be substituted for H. F. No. 2410 and that the House File be indefinitely postponed. The motion prevailed.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1313, A bill for an act relating to health; providing comprehensive regulation of mortuary science; establishing enforcement mechanisms; providing penalties; amending Minnesota Statutes 1994, sections 13.99, subdivision 52a; 52.04, subdivision 1; 116J.70, subdivision 2a; 169.71, subdivision 4; and 524.1-201; proposing coding for new law as Minnesota Statutes, chapter 149A; repealing Minnesota Statutes 1994, sections 149.01; 149.02; 149.03; 149.04; 149.05; 149.06; 149.08; 149.09; 149.10; 149.11; 149.12; 149.13; 149.14; and 149.15.

Reported the same back with the following amendments:

Page 10, line 21, after the first "disposition" insert ", except embalming"

Page 10, line 27, after the first "disposition" insert ", except embalming"

Page 30, line 7, delete "1995" and insert "1996"

Page 30, line 12, delete "1997" and insert "1998"

Page 30, line 26, delete "1995" and insert "1996"

Page 30, line 27, delete "1996" and insert "1997"

Page 48, line 23, delete "shall" and insert "may"

Page 68, line 12, after the headnote insert "In addition to separate contractual obligations,"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1454, A bill for an act relating to insurance; automobile; increasing the minimum required coverage for property damage liability; amending Minnesota Statutes 1994, section 65B.49, subdivision 3.

Reported the same back with the following amendments:

Page 2, line 30, delete "1996" and insert "1997"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1749, A bill for an act relating to insurance; fire; regulating failure to provide timely proof of loss; amending Minnesota Statutes 1994, section 65A.01, subdivision 3, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [65A.296] [PROOF OF LOSS.]

Subdivision 1. [NOTICE FROM INSURER.] After receiving written notice of a claim by an insured on a homeowner's insurance policy, the insurer may notify the insured that the insurer may deny the claim unless a completed proof of loss is received by the insurer within 60 days of the date on which the written notice under this subdivision was received by the insured. The notice given by the insurer must be sent by certified mail, return receipt requested, and must include a proof of loss form to be completed by the insured.

Subd. 2. [FAILURE TO COMPLETE TIMELY PROOF OF LOSS.] In an action for the recovery of a claim on a homeowner's insurance policy, an insured's failure to comply with the 60-day proof of loss requirement:

(1) is a bar to recovery if the insured received the notice specified in subdivision 1, unless the insured demonstrates to the court's satisfaction that the insured had good cause for failing to comply;

(2) is not a bar to recovery if the insured did not receive the notice specified in subdivision 1, unless the insurer demonstrates to the court's satisfaction that its rights were prejudiced by the insured's failure to comply.

Subd. 3. [DEFINITIONS.] For purposes of this section, the terms "insurer" and "homeowner's insurance" have the meanings given them in section 65A.27.

Subd. 4. [EFFECT ON OTHER LAW.] This section supersedes any inconsistent provision of sections 65A.01, 72A.201, or other law.

Sec. 2. [EFFECTIVE DATE; APPLICATION.]

Section 1 is effective the day following final enactment, and applies to claims arising from losses occurring on or after that date."

Delete the title and insert:

"A bill for an act relating to insurance; homeowner's; regulating proof of loss; proposing coding for new law in Minnesota Statutes, chapter 65A."

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. 2036, A bill for an act relating to gambling; requiring certain public assistance to be diminished by amounts obtained by cashing checks or using electronic benefits transfer cards at gambling establishments; amending Minnesota Statutes 1994, section 256D.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 53A.09, is amended to read:

53A.09 [POWERS; LIMITATIONS; PROHIBITIONS.]

Subdivision 1. [DEPOSITS; ESCROW ACCOUNTS.] A currency exchange may not accept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or currency in escrow for others for any purpose. However, a currency exchange may act as agent for the issuer of money orders or travelers' checks.

Subd. 2. [GAMBLING ESTABLISHMENTS.] A currency exchange located on the premises of a gambling establishment as defined in section 256.9831, subdivision 1, may not cash a warrant that bears a restrictive endorsement under section 256.9831, subdivision 3.

Sec. 2. [256.9831] [BENEFITS; GAMBLING ESTABLISHMENTS.]

Subdivision 1. [DEFINITION.] For purposes of this section, "gambling establishment" means a bingo hall licensed under section 349.164, a racetrack licensed under section 240.06 or 240.09, a casino operated under a tribal-state compact under section 3.9221, or any other establishment that receives at least 50 percent of its gross revenue from the conduct of gambling.

Subd. 2. [FINANCIAL TRANSACTION CARDS.] The commissioner shall take all actions necessary to ensure that no person may obtain benefits under sections 256.72 to 256.879 or chapter 256D through the use of a financial transaction card, as defined in section 609.821, subdivision 1, paragraph (a), at a terminal located in or attached to a gambling establishment.

Subd. 3. [WARRANTS.] The commissioner shall take all actions necessary to ensure that warrants issued to pay benefits under sections 256.72 to 256.879 or chapter 256D bear a restrictive endorsement that prevents their being cashed in a gambling establishment.

Sec. 3. Minnesota Statutes 1994, section 336.3-206, is amended to read:

336.3-206 [RESTRICTIVE ENDORSEMENT.]

(a) An endorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument.

(b) An endorsement stating a condition to the right of the endorsee to receive payment does not affect the right of the endorsee to enforce the instrument. A person paying the instrument or taking it for value or collection may disregard the condition, and the rights and liabilities of that person are not affected by whether the condition has been fulfilled.

(c) If an instrument bears an endorsement (i) described in section 336.4-201(b), or (ii) in blank or to a particular bank using the words "for deposit," "for collection," or other words indicating a purpose of having the instrument collected by a bank for the endorser or for a particular account, the following rules apply:

(1) A person, other than a bank, who purchases the instrument when so endorsed converts the instrument unless the amount paid for the instrument is received by the endorser or applied consistently with the endorsement.

(2) A depositary bank that purchases the instrument or takes it for collection when so endorsed converts the instrument unless the amount paid by the bank with respect to the instrument is received by the endorser or applied consistently with the endorsement.

(3) A payor bank that is also the depositary bank or that takes the instrument for immediate payment over the counter from a person other than a collecting bank converts the instrument unless the proceeds of the instrument are received by the endorser or applied consistently with the endorsement.

(4) Except as otherwise provided in paragraph (3), a payor bank or intermediary bank may disregard the endorsement and is not liable if the proceeds of the instrument are not received by the endorser or applied consistently with the endorsement.

(d) Except for an endorsement covered by subsection (c), if an instrument bears an endorsement using words to the effect that payment is to be made to the endorsee as agent, trustee, or other fiduciary for the benefit of the endorser or another person, the following rules apply:

(1) Unless there is notice of breach of fiduciary duty as provided in section 336.3-307, a person who purchases the instrument from the endorsee or takes the instrument from the endorsee for collection or payment may pay the proceeds of payment or the value given for the instrument to the endorsee without regard to whether the endorsee violates a fiduciary duty to the endorser.

(2) A subsequent transferee of the instrument or person who pays the instrument is neither given notice nor otherwise affected by the restriction in the endorsement unless the transferee or payor knows that the fiduciary dealt with the instrument or its proceeds in breach of fiduciary duty.

(e) The presence on an instrument of an endorsement to which this section applies does not prevent a purchaser of the instrument from becoming a holder in due course of the instrument unless the purchaser is a converter under subsection (c) or has notice or knowledge of breach of fiduciary duty as stated in subsection (d).

(f) In an action to enforce the obligation of a party to pay the instrument, the obligor has a defense if payment would violate an endorsement to which this section applies and the payment is not permitted by this section.

(g) Nothing in this section prohibits or limits the effectiveness of a restrictive endorsement made under section 256.9831, subdivision 3."

Delete the title and insert:

"A bill for an act relating to gambling; requiring the commissioner of human services to take all actions necessary to prevent the obtaining of certain public assistance benefits through electronic benefits withdrawal or warrant cashing at a gambling establishment; prohibiting currency exchanges from cashing public assistance warrants that bear certain restrictive endorsements; amending Minnesota Statutes 1994, sections 53A.09; and 336.3-206; proposing coding for new law in Minnesota Statutes, chapter 256."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2044, A bill for an act relating to insurance; group life and health coverages; prohibiting retroactive termination of a person's coverage without the consent of the covered person; proposing coding for new law in Minnesota Statutes, chapter 60A.

Reported the same back with the following amendments:

Page 1, line 17, delete "issuer" and insert "plan"

Page 1, line 18, after "shall" insert "permit the issuer to"

Page 2, line 13, delete "January 1, 1997," and insert "the day following enactment"

Page 2, line 14, after "issued" insert "or renewed"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2059, A bill for an act relating to veterinarians; changing the veterinary practice act; amending Minnesota Statutes 1994, sections 156.001, subdivisions 3 and 6; 156.01, subdivisions 1, 2, 5, and by adding a subdivision; 156.02; 156.04; 156.05; 156.06; 156.07; 156.071; 156.072; 156.081; 156.10; 156.12, subdivisions 2, 3, and 4; 156.16, subdivisions 3 and 14; 156.17; and 156.18, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 156; repealing Minnesota Statutes 1994, section 156.12, subdivision 5.

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

The report was adopted.

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

H. F. No. 2205, A bill for an act relating to motor fuels; exempting premium gasoline from oxygenation requirement; amending Minnesota Statutes 1994, section 239.791, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, after line 12, insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

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. 2231, A bill for an act relating to statewide comprehensive land use planning coordination; appropriating money; amending Minnesota Statutes 1994, section 116C.04, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 4A; proposing coding for new law as Minnesota Statutes, chapter 462D.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [394.235] [CERTAIN COUNTIES REQUIRED TO ADOPT A JOINT PLAN.]

Subdivision 1. [JOINT POWERS BOARD.] A joint powers board shall be formed to prepare and adopt a joint comprehensive plan as provided in this section. Each county outside the metropolitan area, as defined in section 473.121, subdivision 2, that has five percent or more of its residents commuting to employment within the metropolitan area shall join the joint powers board. The county together with the metropolitan council shall determine the percentage of its population commuting into the metropolitan area for the purposes of this section.

Subd. 2. [COORDINATION.] The joint powers board shall coordinate development of the plan with the local government units within each member county.

Subd. 3. [CONTENTS.] In addition to any other requirement under the law, the plan must cover a 20-year period. The plan must provide for efficient and compact development that maximizes the use of existing highways and sewers before construction of new facilities. The plan must protect and preserve productive farmland and environmentally sensitive areas.

Subd. 4. [ENVIRONMENTAL QUALITY BOARD REVIEW AND COMMENT.] Before the joint powers board adopts the joint plan, the board shall submit the plan to the environmental quality board for review and comment. The environmental quality board shall review and comment on the plan in relation to the development guide adopted by the metropolitan council. The environmental quality board shall complete its review and comment within 60 days of receiving the plan.

Sec. 2. [462.3535] [CERTAIN CITIES REQUIRED TO ADOPT A PLAN.]

Subdivision 1. [METROPOLITAN STATISTICAL AREAS; OTHER AREAS.] Notwithstanding any other law to the contrary, a statutory or home rule charter city or a town with a population of 2,500 or more in a federally designated metropolitan statistical area shall establish a joint powers board with all other cities and towns over 2,500 in population in the area, and the counties in which the cities and towns lie to adopt a comprehensive municipal plan that meets the requirements of this section. A city or town with a population under 2,500 may join the joint powers

board and participate in the plan. In those parts of the state not included in a federally designated metropolitan statistical area, each statutory or home rule charter city with a population over 2,500 shall establish a joint powers board with towns adjacent to the city to adopt a joint comprehensive municipal plan that meets the requirements of this section.

Subd. 2. [COORDINATION.] The joint powers board shall adopt the plan only after coordinating the plan with adjacent local governments.

Subd. 3. [CONTENTS.] The plan must cover a 20-year period. The plan must provide for efficient and compact development that maximizes the use of existing highways and sewers before construction of new facilities. The plan must protect and preserve productive farmland and environmentally sensitive areas.

Subd. 4. [ENVIRONMENTAL QUALITY BOARD.] Before a joint powers board adopts its plan, the board shall submit the plan to the environmental quality board for review and comment. The environmental quality board shall review the plan to evaluate how the plan addresses growth management and costs, and land use. The environmental quality board shall complete its review and comment within 60 days of receiving the plan.

Sec. 3. [473.8515] [URBAN GROWTH BOUNDARY.]

The metropolitan council shall adopt a 20-year growth plan that identifies the development needs of the region for a 20-year period. The council shall establish an urban growth boundary based on the 20-year growth plan. The council shall not provide, or permit another governmental entity to provide, urban services beyond the urban growth boundary. Within the urban growth boundary, the council and local government units shall provide for staged development and growth.

Sec. 4. [APPLICATION.]

Section 3 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 5. [APPROPRIATION.]

$....... is appropriated from the general fund to the environmental quality board to make grants to joint powers boards formed as required in this act, to assist those joint powers boards in preparing and adopting plans required under this act."

Delete the title and insert:

"A bill for an act relating to land use; providing for comprehensive planning and review and comment; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 394; 462; and 473."

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. 2242, A bill for an act relating to housing; permitting a mortgagee to provide a resident caretaker for a premises; amending Minnesota Statutes 1994, section 582.031, subdivision 2.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 504.183, subdivision 3, is amended to read:

Subd. 3. [REASONABLE PURPOSE.] For purposes of subdivision 2, a reasonable business purpose includes, but is not limited to:

(1) showing the unit to prospective tenants during the notice period before the lease terminates or after the current tenant has given notice to move to the owner or owner's agent;

(2) showing the unit to a prospective buyer or to an insurance representative;

(3) performing maintenance work;

(4) allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes;

(5) the tenant is causing a disturbance within the unit;

(6) the landlord has a reasonable belief that the tenant is violating the lease within the tenant's unit;

(7) prearranged housekeeping work in senior housing where 80 percent or more of the tenants are age 55 or older;

(8) the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or

(8) (9) the tenant has vacated the unit."

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "authorizing entry into tenant's premises under certain circumstances;"

Page 1, line 5, before the period, insert "; Minnesota Statutes 1995 Supplement, section 504.183, subdivision 3"

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.

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

H. F. No. 2314, A bill for an act relating to health; allowing physicians to prescribe and administer controlled substances in cases of intractable pain; proposing coding for new law in Minnesota Statutes, chapter 152.

Reported the same back with the following amendments:

Page 1, line 10, after "treated" insert "with the consent of the patient"

Page 1, line 15, after "in" insert "pain medicine or"

Page 1, line 16, before the period, insert "or, when treating a terminally ill patient, an appropriately qualified physician who does so in accordance with the level of care, skill, and treatment recognized by a reasonably prudent physician under similar conditions and circumstances"

Page 1, line 24, after "for" insert "appropriately"

Page 2, line 2, before the period, insert ", provided the physician keeps accurate records of the purpose, use, prescription, and disposal of controlled substances, writes accurate prescriptions, and prescribes medications in conformance with chapter 147"

Page 2, line 22, delete everything after "shall"

Page 2, line 23, delete "disclosing the material" and insert "discuss with the individual the"

Page 2, line 26, delete everything after "individual" and insert ", and document the discussion in the individual's record."

Page 2, delete lines 27 to 29 and insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2344, 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.

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

The report was adopted.

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

H. F. No. 2368, A bill for an act relating to children; clarifying the procedures peace officers must follow when deciding where to place a child placed on a health and welfare hold; requiring certain notices; clarifying shelter care agency responsibilities to initiate immediate judicial hearings to place children in least restrictive settings upon request from family members or a child being held; clarifying the duties of related persons receiving a child on a 72-hour health and welfare hold; clarifying the reporting procedures and requirements for the placing officer to notify the county agency and the court; changing certain emergency licensing procedures; authorizing certain petitions and appearances; specifying review in certain cases; imposing an adoption waiting period; clarifying certain terms; authorizing participation by advocates; requesting the supreme court to develop certain forms and procedures; amending Minnesota Statutes 1994, sections 257.02; 257.03; 260.015, subdivision 14; 260.135, by adding a subdivision; 260.165, subdivision 3, and by adding a subdivision; 260.171, subdivision 2; 260.173, by adding subdivisions; Minnesota Statutes 1995 Supplement, section 245A.035, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 259; and 260.

Reported the same back with the following amendments:

Page 2, delete lines 9 to 14

Page 3, line 1, delete "(a)" and after "person" insert "not exempted from the requirement for licensure under chapter 245A"

Page 3, delete lines 27 to 36

Page 4, delete lines 1 and 2

Page 4, delete section 4

Page 4, line 13, reinstate the stricken language and after the period, insert "This subdivision does not impose upon persons who are not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care a duty to provide that care."

Page 4, delete section 6

Pages 5 and 6, delete section 8

Page 7, line 4, delete "or" and insert "and"

Page 7, line 7, delete "the placement" and insert "custody"

Page 7, line 10, reinstate the stricken "custody" and delete "the"

Page 7, delete lines 11 to 14

Page 7, line 15, delete everything before the period

Pages 7 to 10, delete sections 10 to 14 and insert:

"Sec. 7. [257.035] [EMERGENCY.]

A relative who acts to protect a child in an emergency or when a parent dies is not a custodian as defined under section 260.015. If the relative is unable or unwilling to provide for the ongoing care, custody, and control of the child, the child may be considered a child in need of protection or services under section 260.015. The relative may report the death or emergency to the local social service agency. Upon receiving such a report, the local social service agency shall assess the circumstances and the needs of the child. The agency may place the child in foster care with a relative who meets the licensing standards under chapter 245A, and may pursue court action on behalf of the child."

Renumber the sections in sequence

Delete the title and insert:

"A bill for an act relating to children; changing requirements for holding children in custody; providing for care in emergencies; changing certain emergency licensing procedures; authorizing certain petitions and appearances; requiring certain notices; specifying review in certain cases; clarifying certain terms; amending Minnesota Statutes 1994, sections 257.02; 257.03; 260.015, subdivision 14; 260.165, subdivision 3; and 260.171, subdivision 2; Minnesota Statutes 1995 Supplement, section 245A.035, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 257."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2389, A bill for an act relating to health; regulating coverage; requiring a health plan company to offer at least one point-of-service option in each market in which it operates; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

The report was adopted.

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

H. F. No. 2408, A bill for an act relating to motor vehicles; establishing automobile theft prevention program and creating board; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168A.

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

The report was adopted.

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

H. F. No. 2519, A bill for an act relating to the environment; increasing the amount of reimbursement available for cleanup of petroleum releases by certain responsible persons; amending Minnesota Statutes 1995 Supplement, section 115C.09, subdivision 3.

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

The report was adopted.

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

H. F. No. 2521, A bill for an act relating to consumer protection; regulating deceptive trade practices related to environmental marketing claims; amending Minnesota Statutes 1994, section 8.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

The report was adopted.

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

H. F. No. 2528, A bill for an act relating to public funds; authorizing the use of certain letters of credit as collateral to secure deposits of public funds; amending Minnesota Statutes 1994, section 118.01, subdivision 1.

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

The report was adopted.

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

H. F. No. 2547, A bill for an act relating to waters; establishing the Minnesota river basin joint powers board to coordinate cleanup efforts; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103F.

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

The report was adopted.

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

H. F. No. 2556, A bill for an act relating to metropolitan government; modifying the metropolitan council cost allocation system for wastewater services; amending Minnesota Statutes 1994, sections 473.511, subdivision 4; and 473.517, subdivisions 1 and 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 473.511, subdivision 4, is amended to read:

Subd. 4. [CURRENT VALUE OF EXISTING FACILITIES.] When the council assumes the ownership of any existing interceptors or treatment works as provided in subdivision 2 or 3, the local government unit or units which paid part or all of the cost of such facility, directly or pursuant to contracts for reimbursement of costs, shall be entitled to

receive a credit against amounts to be allocated to them under section 473.517, which may be spread over such period not exceeding 30 years as the council shall determine, and an additional credit equal to interest on the unused credit balance from time to time at the rate of four percent per annum. The amount of such credit shall equal the current value of the facility computed by the council in the manner provided in this subdivision at the time the council acquires it. The original cost of a facility shall be computed as the total actual costs of constructing it, including engineering, legal, and administrative costs, less any part of it paid from federal or state funds and less the principal amount of any then outstanding bonds which were issued to finance its construction. The original cost shall be multiplied by a factor equal to a current cost index divided by the same cost index at the time of construction, to determine replacement cost. The cost indices used shall be the Engineering News Record Construction Cost Indices for facilities or parts thereof completed before 1930, and the United States Public Health Service Federal Water Pollution Control Values for Sewer and Treatment Plant Construction, as applied to facilities or parts thereof completed in or after 1930. The current value of the facility shall be the replacement cost depreciated by 2.50 percent per annum from the date of construction of treatment works and 1.25 percent per annum from the date of construction of interceptors; and decreased further by a reasonable allowance for obsolescence if the council determines that the facility or any part thereof will not be useful for council purposes for at least the remaining period required to depreciate it fully, assuming no salvage value. The current value of each such facility shall be credited to each local government unit in proportion to the amount of the construction cost paid by that unit, as determined by the council, taking into account reimbursements previously made under contracts between any of the local government units. The council shall prepare an itemized statement of the amount of credit each local government unit is entitled to receive under this subdivision, and the years and amounts of installments of principal and interest thereon, and shall cause it to be mailed or delivered to the governing body of each local government unit concerned. All credits allowed under this subdivision shall be used to finance current costs allocated to the local government unit by the council or for other sewer costs, and the credits shall not be considered as proceeds from the sale of municipal property so as to permit their use for other purposes. At its option, the council may make a periodic payment to each local government unit in the amount of the credits provided pursuant to this subdivision, in lieu of a credit against amounts to be allocated to such local government units under section 473.517.

Sec. 2. Minnesota Statutes 1994, section 473.517, is amended to read:

473.517 [ALLOCATION OF CURRENT COSTS.]

Subdivision 1. [CURRENT COSTS DEFINED ALLOCATION METHOD.] The estimated costs of operation, maintenance, and debt service of the metropolitan disposal system to be paid by the council in each fiscal year, and the costs of acquisition and betterment of the system which are to be paid during the year from funds other than bond proceeds, including all expenses incurred by the council pursuant to sections 473.501 to 473.545, are referred to in this section as current costs, and shall be allocated in the budget for that year to the respective local government units in the metropolitan area as provided in subdivisions 2 to 6. The amount budgeted by the council for any year for a reserve or contingency fund must be treated as a current cost and allocated as a cost of operation and maintenance in accordance with this section. The reserve or contingency fund so established may not exceed an amount equal to 7.5 percent of the council's waste control operating budget in total shall be allocated among and paid by all local government units which will discharge sewage, directly or indirectly, into the metropolitan disposal system during the budget year according to an allocation method determined by the council. The allocated costs may include an amount for a reserve or contingency fund and an amount for cash flow management.

Subd. 2. [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND INTERCEPTOR COSTS; ADJUSTED VOLUME.] Except as provided in subdivision 3, the current costs of all treatment works and interceptors in the metropolitan disposal system shall be allocated among and paid by all local government units which will discharge sewage, directly or indirectly, into the metropolitan disposal system during the budget year, in proportion to the total volume estimated to be so discharged by each local government unit, adjusted as follows:

(a) increased or decreased, as the case may be, to the extent the council determines, on the basis of such historical and reasonably projected data as may be available, that the sewage discharged by one unit will require more or less treatment to produce a suitable effluent than that discharged by others;

(b) decreased by any amount of surface water estimated by the council to be discharged by a local government unit from a combined storm and sanitary sewer system;

(c) increased by that volume of normal sanitary sewage which is equivalent for treatment purposes to the volume of surface water referred to in clause (b), as determined by the council from available engineering data; and

(d) increased or decreased, as the case may be, by the amount of any substantial and demonstrable error in a previous estimate.

Subd. 3. [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND INTERCEPTOR COSTS; RESERVED CAPACITY.] In preparing each budget the council shall estimate the current costs of acquisition, betterment, and debt service, only, of the treatment works in the metropolitan disposal system which will not be used to total capacity during the budget year, and the percentage of such capacity which will not be used, and shall deduct the same percentage of such treatment works costs from the current costs allocated under subdivision 2. The council shall also estimate the current costs of acquisition, betterment, and debt service, only, of the interceptors in the metropolitan disposal system that will not be used to total capacity during the budget year, shall estimate the percentage of the total capacity that will not be used, and shall deduct the same percentage of interceptor costs from the current costs allocated under subdivision 2. The total amount so deducted with respect to all treatment works and interceptors in the system shall be allocated among and paid by the respective local government units in the metropolitan area for which system capacity unused each year is reserved for future use, in proportion to the amounts of such capacity reserved for each of them.

Subd. 6. [DEFERMENT OF PAYMENTS.] The council may by resolution provide for the deferment of payment of all or part of the current allocated costs of acquisition, betterment, and debt service of estimated unused capacity which are allocated by the council to a local government unit in any year pursuant to subdivision 3, 1 repayable at such time or times as the council shall specify in the resolution, with interest at the approximate average annual rate borne by council bonds outstanding at the time of the deferment, as determined by the council. Such costs may be deferred only when the council determines that a substantial portion of the territory of a local government unit has not been connected to the metropolitan disposal system, and that the amount of such costs or some portion thereof is disproportionate to the available economic resources of the unit at the time. Such deferred costs shall be allocated to and paid by all local government units in the metropolitan area which will discharge sewage, directly or indirectly, into the metropolitan disposal system in the budget year for which the deferment is granted, in the same manner and proportions as current costs are allocated under subdivision 2 1. When such deferred costs are repaid they shall be applied in reduction of the total amount of costs thereafter allocated to each of the local government units to which such deferred costs were allocated in the year of deferment, in proportion to their allocations thereof that year.

Subd. 9. [ADVISORY COMMITTEES.] The council may establish and appoint persons to advisory committees to assist the council in the performance of its wastewater control duties. If established, the advisory committees shall meet with the council to consult with such members concerning the acquisition, betterment, operation and maintenance of interceptors and treatment works in the metropolitan disposal system, and the allocation of costs therefor. Members of the advisory committee serve without compensation but must be reimbursed for their reasonable expenses as determined by the council.

Sec. 3. Minnesota Statutes 1994, section 473.519, is amended to read:

473.519 [FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972; SYSTEM OF CHARGES.]

Each local government unit shall adopt a system of charges for the use and availability of the metropolitan disposal system which will assure that each recipient of waste treatment services within or served by the unit will pay its proportionate share of the current costs allocated to the unit by the council under section 473.517, as required by the federal Water Pollution Control Act amendments of 1972, and any regulations issued pursuant thereto. Each system of charges shall be adopted as soon as possible and shall be submitted to the council. The council shall review each system of charges to determine whether it complies with the federal law and regulations. If it determines that a system of charges does not comply, the adopting unit shall be notified and shall change its system to comply, and shall submit the changes to the council for review. All subsequent changes in a system of charges proposed by a local government unit shall also be submitted to the council for review.

Sec. 4. [APPLICATION.]

This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 5. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment. Sections 2 and 3 are effective January 1, 1997, for allocation of costs on and after that date."

Delete the title and insert:

"A bill for an act relating to metropolitan government; allowing the metropolitan council to determine an allocation method for wastewater services; amending Minnesota Statutes 1994, sections 473.511, subdivision 4; 473.517; and 473.519."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2593, A bill for an act relating to local government; modifying the powers of sanitary districts; amending Minnesota Statutes 1994, section 115.26, by adding a subdivision.

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

The report was adopted.

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

H. F. No. 2594, A bill for an act relating to natural resources; appropriating money.

Reported the same back with the following amendments:

Page 1, line 5, delete "$50,000" and insert "$78,000"

Page 1, line 6, delete "natural resources" and insert "the pollution control agency"

Page 1, line 8, after the period, insert "$28,000 of the appropriation must be given to the center for global environmental education at Hamline University."

Amend the title as follows:

Page 1, line 2, delete "natural resources" and insert "the environment"

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

The report was adopted.

Long from the Committee on Local Government and Metropolitan Affairs 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 following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 473.388, subdivision 5, is amended to read:

Subd. 5. [OTHER ASSISTANCE.] A city or town receiving assistance or levying a transit tax under this section may also receive assistance from the council under section 473.384. In applying for assistance under that section an

applicant must describe the portion of the its available local transit funds which are not obligated to subsidize its replacement transit service and which the applicant proposes to use to subsidize additional service. An applicant which has exhausted its available local transit funds may use any other local subsidy funds to complete the required local share.

Sec. 2. Minnesota Statutes 1994, section 473.388, is amended by adding a subdivision to read:

Subd. 7. [LOCAL LEVY OPTION.] (a) A statutory or home rule charter city or town that is eligible for assistance under this section, in lieu of receiving the assistance, may levy each year upon all taxable property within the municipality a transit tax consisting of an amount that must be used for payment of the operating and capital expenditures for transit and paratransit services and to provide for payment of obligations issued by the municipality for transit purposes.

(b) A maximum of 88 percent of the tax revenues may be levied by the town or statutory or home rule charter city providing replacement transit services under this subdivision with the remainder being levied by the council under section 473.446.

(c) The transit tax revenues derived by the municipality from the transit tax levied within the municipality may not exceed:

(1) for taxes levied in 1996, the maximum available local transit funds for the municipality in 1996 under section 473.446, (i) based on taxes levied in 1995, (ii) calculated as if the percentage of transit tax revenues for the municipality were 88 percent instead of 90 percent, and (iii) multiplied by the market value adjustment ratio as applied to the municipality only for taxes levied in 1996; and

(2) for taxes levied in 1997 and later years, the maximum transit taxes that the municipality may have levied in the last year under this subdivision, multiplied by the market value adjustment ratio for taxes levied in the current year.

The commissioner of revenue shall certify the municipality's levy limitation under this subdivision to the municipality by August 1 of the levy year. The tax must be extended, spread, and included as a part of the general taxes for state, county, and municipal purposes by the county auditor, to be collected and enforced with them, together with the penalty, interest, and costs. As the tax, including any penalties, interest, and costs, is collected by the county treasurer it must be accumulated and kept in a separate fund to be known as the "replacement transit fund."

(d) To enable the municipality to receive revenues described in clauses (2) and (3) of the definition of "tax revenues" in section 473.388, subdivision 4, that would otherwise be lost to it if the municipality's transit tax levy was not treated as a successor levy to that made by the council under section 473.446 and that was paid over to the municipality as financial assistance under 473.385, subdivision 4:

(1) for the council and the municipality's transit taxes levied in 1996, 88 percent of the council's nondebt spread levy levied in 1995 and described in clauses (2) and (3) of the definition of "tax revenues" in section 473.388, subdivision 4, shall be treated as levied by the municipality, and not the council, for purposes of section 473F.08, subdivision 3, as its local tax rate for the preceding levy year; and

(2) for the municipality's transit tax levied in 1996 and thereafter, treating the municipality's transit tax as levied by the council for nondebt purposes only under clause (1) of the definition of "tax revenues" in section 473.388, subdivision 4, there shall be paid to the municipality instead of the council 88 percent of the revenues described in clause (3) of the definition of "tax revenues" in section 473.388, subdivision 4.

(e) Any transit taxes levied under this subdivision are not subject to, or counted towards, any limit hereafter imposed by law on the levy of taxes upon taxable property within any municipality unless the law specifically includes the transit tax.

(f) This subdivision is consistent with the transit redesign plan. Eligible municipalities opting to levy the transit tax under this subdivision shall continue to meet the regional performance standards established by the council.

(g) Within the designated Americans with Disabilities Act area, metro mobility remains the obligation of the state.

Sec. 3. Minnesota Statutes 1994, section 473.466, is amended by adding a subdivision to read:

Subd. 1b. [DEDUCTION OF LOCAL TRANSIT LEVY FOR ELIGIBLE MUNICIPALITIES.] (a) The maximum amount of taxes the council may levy for general purposes under subdivision 1, paragraph (a), upon taxable property within a municipality providing replacement transit service is:

(1) for taxes levied in 1996, an amount which equals the sum of (1) 12 percent of the tax revenues derived from the taxes levied upon the taxable property in 1995, and (2) the portion of any state feathering reimbursement under subdivision 1, attributable to taxes levied upon the taxable property in 1995 for nondebt purposes, multiplied by the market value adjustment ratio as applied to only the municipality for taxes levied in 1996; and

(2) for taxes levied in 1997 and later years, the amount of taxes that the council levied in the last year under this subdivision, multiplied by the market value adjustment ratio for taxes levied in the current year.

(b) For purposes of (1) extending on taxable property located within any municipality providing replacement transit service its share of the levy made by the council for general purposes under subdivision 1, clause (a), and (2) calculating the amount of the levy to be allocated to each county, the council and the county auditor shall, after 1995, deduct from the part of the levy that would otherwise be allocated to the municipality the amount by which that part exceeds the maximum amount of taxes the council may levy within the municipality under this subdivision. After making the deduction, the council and the county auditor shall reallocate to the taxable property located within the metropolitan transit taxing district, other than a municipality providing replacement transit service, the amount by which the council's tax levy within the municipality was reduced. The council shall notify the county auditor no later than October 1 of each year of the amount of the deduction for each municipality providing replacement transit service located in the county.

(c) For purposes of this subdivision:

(1) "municipality" means a municipality providing replacement transit service under section 473.388;

(2) "market value adjustment ratio" means the index for market valuation changes described in section 473.446, as applied to the municipalities; and

(3) "tax revenues" has the meaning given the term in section 473.388, subdivision 4."

Delete the title and insert:

"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, subdivision 5, and by adding a subdivision; and 473.466, by adding a subdivision."

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 2690, A bill for an act relating to housing; establishing a state program to supplement the federal emergency shelter grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 268.

Reported the same back with the following amendments:

Page 1, line 14, delete "1137" and insert "11371, et seq."

Page 1, after line 16, insert:

"Subd. 2. [DEFINITION.] For the purposes of this section, "homeless" means:

(1) an individual or family which lacks a fixed, regular, and adequate nighttime residence; or

(2) an individual or family which has a primary nighttime residence that is:

(i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for persons with mental illness);

(ii) an institution that provides a temporary residence for individuals intended to be institutionalized; or

(iii) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

The term does not include any individual imprisoned or otherwise detailed pursuant to an act of the Congress or a state law."

Page 1, line 17, delete "2" and insert "3"

Page 1, line 24, delete "3" and insert "4" and delete "COLLABORATION" and insert "COORDINATION"

Page 2, line 1, delete "collaborate" and insert "coordinate" and after "with" insert "the commissioner's transitional housing programs, under section 268.38, and"

Page 2, line 2, delete "to" and insert "which"

Page 2, after line 9, insert:

"Subd. 2. [ECONOMIC SECURITY.] $....... is appropriated from the general fund to the commissioner of economic security for transitional housing operating costs. This appropriation is available until expended."

Page 2, line 10, delete "2" and insert "3"

Page 2, after line 14, insert:

"Subd. 4. [HOUSING FINANCE AGENCY.] $....... is appropriated from the general fund to the housing development fund for the purpose of residential lead paint and lead contaminated soil abatement under Minnesota Statutes, section 462A.05, subdivision 15c, paragraph (b)."

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.

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

H. F. No. 2819, A bill for an act relating to insurance; requiring disclosure of how enrollee cost sharing is affected by provider payment arrangements; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the following amendments:

Page 2, line 7, delete "or a"

Page 2, delete line 8

Page 2, line 9, delete "(b)" and delete "unless" and insert "if"

Page 2, line 11, delete "complies" and insert "does not comply"

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. 2865, A bill for an act relating to transportation; delaying requirement for lead-free markings for road pavement; amending Minnesota Statutes 1994, section 115A.9651, subdivision 1.

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

The report was adopted.

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

H. F. No. 2899, A bill for an act relating to retirement; modifying benefits for former participants in the Minnesota state retirement system; authorizing additional service credits for certain University of Minnesota hospital and clinics employees; authorizing additional augmentation for employees of the University of Minnesota hospital and clinics who terminate participation in the Minnesota state retirement system; proposing coding for new law in Minnesota Statutes, chapter 352E.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [352E.01] [PURPOSE.]

The purpose of this chapter is to assure, to the extent possible, that persons employed at the University of Minnesota hospital and clinics will be entitled to receive future retirement benefits under the general state employees retirement plan of the Minnesota state retirement system commensurate with the prior contributions made by them or on their behalf upon the integration of the University of Minnesota hospital and clinics and Fairview hospital and healthcare services.

Sec. 2. [352E.02] [DEFINITIONS.]

Subdivision 1. [DEFINITIONS.] As used in this chapter, unless the context or subject matter indicates otherwise, the following terms have the meanings given in this section.

Subd. 2. [ALLOWABLE SERVICE.] "Allowable service" has the meaning provided in Minnesota Statutes 1994, section 352.01, subdivision 11.

Subd. 3. [EFFECTIVE DATE.] "Effective date" is the date terminated hospital employees transfer employment to Fairview pursuant to a definitive integration agreement between the University of Minnesota and Fairview.

Subd. 4. [FAIRVIEW.] "Fairview" means Fairview hospital and healthcare services, a Minnesota nonprofit corporation, and its successors.

Subd. 5. [SECTION.] "Section" means the designated section of Minnesota Statutes.

Subd. 6. [TERMINATED HOSPITAL EMPLOYEE.] "Terminated hospital employee" means a person who:

(1) was employed on the day before the effective date by the University of Minnesota at the University of Minnesota hospital and clinics and was paid on a biweekly payroll;

(2) terminated employment with the University of Minnesota on the day before the effective date; and

(3) was a participant in the general state employees retirement plan of the Minnesota state retirement system at the time of termination of employment with the University of Minnesota.

Subd. 7. [UNIVERSITY OF MINNESOTA HOSPITAL AND CLINICS.] "University of Minnesota hospital and clinics" means the hospitals and clinics operated by the regents of the University of Minnesota.

Subd. 8. [YEARS OF ALLOWABLE SERVICE.] "Years of allowable service" has the meaning provided in Minnesota Statutes 1994, section 352.01, subdivision 16.

Sec. 3. [352E.03] [VESTING RULE FOR CERTAIN EMPLOYEES.]

Notwithstanding any provision of chapter 352 to the contrary, a terminated hospital employee shall be eligible to receive a retirement annuity under Minnesota Statutes 1994, section 352.115 without regard to the requirement for three years of allowable service.

Sec. 4. [352E.04] [AUGMENTATION INTEREST RATE FOR TERMINATED UNIVERSITY HOSPITAL EMPLOYEES.]

The deferred annuity of any terminated hospital employee shall be subject to augmentation in accordance with Minnesota Statutes 1994, section 352.72, subdivision 2, except that the rates of interest for this purpose shall be 5.5 percent compounded annually until January 1 of the year in which such person attains age 55. From that date to the effective date of retirement, the rate is 7.5 percent. These increased augmentation rates shall no longer be applicable for any time after the terminated hospital employee becomes covered again by any retirement fund enumerated in section 356.30, subdivision 3. These increased deferred annuity augmentation rates do not apply to a terminated transferred hospital employee who begins receipt of a retirement annuity while employed by Fairview.

Sec. 5. [352E.05] [AUTHORIZATION FOR ADDITIONAL ALLOWABLE SERVICE FOR CERTAIN EARLY RETIREMENT PURPOSES.]

Notwithstanding any provision of chapter 352 to the contrary, the years of allowable service for a terminated hospital employee who transfers to employment at Fairview on the effective date and does not apply for a refund of contributions pursuant to section 352.22, subdivision 2, or any similar provision in future Minnesota Statutes, shall include service with Fairview following the effective date.

This section is solely for the purpose of determining eligibility for early retirement benefits provided in Minnesota Statutes 1994, section 352.116, subdivision 1, paragraphs (a) and (b). No such early retirement benefits shall be paid during any period the terminated hospital employee is employed by Fairview. The reemployed annuitant earnings limitation of Minnesota Statutes 1994, section 352.115, subdivision 10, also applies to any service as an employee of Fairview. Fairview shall provide such reports as the executive director of the Minnesota state retirement system reasonably requests to permit calculation of this additional service credit.

Sec. 6. [352E.06] [EFFECT ON REFUND.]

Notwithstanding any provision of chapter 352 to the contrary, terminated hospital employees shall be permitted to receive a refund of employee accumulated contributions plus interest at the rate of six percent per year compounded annually pursuant to Minnesota Statutes 1994, section 352.22, subdivision 2, at any time after the transfer of employment to Fairview. If a terminated hospital employee has received a refund from a pension plan enumerated in section 356.30, subdivision 3, the person may not repay that refund unless the person again becomes a member of one of those enumerated plans and complies with section 356.30, subdivision 2.

Sec. 7. [352E.07] [COUNSELING SERVICES.]

The University of Minnesota hospital and clinics and the Minnesota state retirement system will provide terminated hospital employees with counseling on their benefits available under the general state employees retirement plan of the Minnesota state retirement system.

Sec. 8. [EFFECTIVE DATE.]

Sections 1 to 7 are effective as of the date employees of the University of Minnesota transfer employment to Fairview pursuant to a definitive integration agreement between the University of Minnesota and Fairview."

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. 2934, A bill for an act relating to education; human services; capital improvements; providing a grant to Itasca county for integrated community resource centers with interactive television linkages to remote sites; appropriating money; authorizing the issuance of state bonds.

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

The report was adopted.

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

H. F. No. 2994, A bill for an act relating to the city of Minneapolis; expanding the areas for which special service districts may be established; amending Laws 1985, chapter 302, section 2, subdivision 1, as amended.

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

The report was adopted.

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

H. F. No. 3007, A bill for an act relating to economic development; providing for an educational grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 126.

Reported the same back with the following amendments:

Page 1, line 17, before "and" insert "peace,"

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

The report was adopted.

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

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.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [OFF-HIGHWAY VEHICLE RECREATION AREA.]

Subdivision 1. [DEFINITION.] For purposes of this act, "off-highway vehicle" means an all-terrain vehicle, an off-highway motorcycle, or an off-road vehicle as those terms are defined in Minnesota Statutes, chapter 84.

Subd. 2. [85.013] [Subd. 10a.] [GILBERT OFF-HIGHWAY VEHICLE RECREATION AREA.] The Gilbert off-highway vehicle recreation area is established in St. Louis county.

Subd. 3. [ACQUISITION.] The commissioner of natural resources is authorized to acquire by gift or purchase the lands for the Gilbert off-highway vehicle recreation area. The commissioner or the commissioner's designee in the trails and waterways division of the department of natural resources shall develop and manage the area for off-highway vehicle recreational use.

Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory committee is established to provide direction on the establishment, planning, development, and operation of the Gilbert off-highway vehicle recreation area.

(b) Membership on the advisory committee shall include:

(1) a representative of the all-terrain vehicle association of Minnesota;

(2) a representative of the amateur riders of motorcycles association;

(3) a representative of the Minnesota four-wheel drive association;

(4) a representative of the St. Louis county board;

(5) a state representative appointed by the speaker of the house of representatives;

(6) a state senator appointed by the senate committee on committees;

(7) a designee of the local environmental community selected by the area environmental organizations;

(8) a designee of the local tourism community selected by the iron trail convention and visitors bureau; and

(9) a representative of the Tower regional office of the department of natural resources.

(c) The advisory committee shall elect its own chair and meetings shall be at the call of the chair.

(d) The advisory committee members shall serve as volunteers and accept no per diem.

Subd. 5. [MANAGEMENT PLAN.] The commissioner and the local area advisory committee shall cooperatively develop a comprehensive management plan that provides for:

(1) multiple use recreation for off-highway vehicles;

(2) protection of natural resources;

(3) land acquisition needs; and

(4) road and facility development.

The completed management plan shall serve as the master plan for purposes of section 86A.09.

Subd. 6. [BOUNDARIES.] The following described lands are located within the boundaries of the Gilbert off-highway vehicle recreation area:

That part of St. Louis county, Minnesota, lying within:

Section 25, Township 58 North, Range 17 West.

EXCEPT the North Half of the Northeast Quarter.

EXCEPT the Northwest Quarter.

EXCEPT the Northwest Quarter of the Southwest Quarter.

EXCEPT the Southwest Quarter of the Southwest Quarter lying north of the Duluth Missabe and Iron Range Railroad.

Section 26, Township 58 North, Range 17 West.

EXCEPT the Northeast Quarter.

EXCEPT the Northwest Quarter.

EXCEPT the Southwest Quarter.

EXCEPT the Southeast Quarter, 100 feet along the east side of the quarter.

Section 35, Township 58 North, Range 17 West.

EXCEPT the Northwest Quarter.

EXCEPT the Southwest Quarter.

EXCEPT the Southeast Quarter.

EXCEPT the West Half of the Northeast Quarter of the Northeast Quarter.

EXCEPT the Northwest Quarter of the Northeast Quarter.

Section 36, Township 58 North, Range 17 West.

EXCEPT the Southeast Quarter of the Southwest Quarter.

Subd. 7. [FEE.] Notwithstanding section 85.053, subdivision 2, no fee shall be charged by the commissioner for use of the Gilbert off-highway vehicle recreation area.

Subd. 8. [ADOPT-A-RECREATION AREA.] The commissioner shall utilize section 85.045 as much as possible in developing and operating the Gilbert off-highway vehicle recreation area.

Subd. 9. [FEASIBILITY STUDY.] The trails and waterways division of the department of natural resources in consultation with the local area advisory committee shall conduct a study to identify additional sites to expand the Gilbert off-highway vehicle recreation area and to determine the feasibility of acquiring, developing, and connecting the sites.

Sec. 2. [APPROPRIATIONS.]

Subdivision 1. [NATURAL RESOURCES FUND.] $850,000 is appropriated to the commissioner of natural resources from the all-terrain vehicle account in the natural resources fund to plan, acquire, develop, and operate the Gilbert off-highway vehicle recreation area and to conduct the feasibility study, to be available until June 30, 1998.

Subd. 2. [TACONITE ENVIRONMENTAL PROTECTION FUND.] $750,000 is appropriated to the commissioner of natural resources from the taconite environmental protection fund to acquire and develop the Gilbert off-highway vehicle recreation area.

Subd. 3. [BOND PROCEEDS FUND.] $600,000 is appropriated from the bond proceeds fund to the commissioner of natural resources to acquire and develop the Gilbert off-highway vehicle recreation area.

Subd. 4. [ACCOUNT REPAYMENT.] (a) $425,000 is appropriated from the off-road vehicle account in the natural resources fund to the all-terrain vehicle account in the natural resources fund, to be transferred in one or more installments before July 1, 1998.

(b) $85,000 is appropriated from the off-highway motorcycle account in the natural resources fund to the all-terrain vehicle account in the natural resources fund, to be transferred in one or more installments before July 1, 1998.

Sec. 3. [BOND SALE AUTHORIZATION.]

To provide the money appropriated in section 2, subdivision 3, from the bond proceeds fund, the commissioner of finance, on request of the governor, shall sell and issue bonds of the state in an amount up to $600,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7."

Amend the title as follows:

Page 1, line 3, delete "off highway" and insert "off-highway"

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

The report was adopted.

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

S. F. No. 1812, A bill for an act relating to housing; securing vacant buildings; amending Minnesota Statutes 1994, sections 463.251; and 582.031, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 17, after "exterior" insert "lighting or"

Page 2, line 1, after the comma, insert "the taxpayer identified in the property tax records for that parcel,"

Page 2, line 5, after the comma, insert "the identified taxpayer,"

Page 2, line 9, after "to" insert "either" and after "comply" insert "or provide to the governing body a reasonable plan and schedule to comply"

Page 2, line 10, strike "ten" and insert "six"

Page 2, line 12, reinstate the stricken language and delete the new language

Page 2, delete lines 13 and 14

Page 2, line 16, after the period, insert "In the metropolitan area, as defined in section 473.121, subdivision 2, the governing body may secure the building by the means requested by the neighborhood association."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. Nos. 1313, 1454, 1749, 2036, 2044, 2059, 2205, 2314, 2344, 2368, 2389, 2528, 2556, 2819, 2865 and 2899 were read for the second time.

S. F. Nos. 1946 and 1812 were read for the second time.

The following House Files were introduced:

Sviggum introduced:

H. F. No. 3138, A bill for an act proposing an amendment to the Minnesota Constitution, article VIII, section 5; providing for recall of elected state officers.

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

Hasskamp and Kalis introduced:

H. F. No. 3139, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; affirming the right of citizens to hunt or take game and fish.

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

Daggett introduced:

H. F. No. 3140, A bill for an act relating to human services; permitting an exception to the asset transfer prohibition under medical assistance for persons who purchase long-term care insurance; amending Minnesota Statutes 1994, section 256B.0595, by adding a subdivision.

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

Gunther introduced:

H. F. No. 3141, A bill for an act relating to capital improvements; appropriating money to replace a well in the city of Lewisville; authorizing the sale of state bonds.

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

Goodno introduced:

H. F. No. 3142, A bill for an act relating to taxation; extending the duration of border city enterprise zones; amending Minnesota Statutes 1994, sections 469.167, subdivision 2; and 469.173, subdivision 7; Minnesota Statutes 1995 Supplement, section 469.169, subdivisions 9 and 10.

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

Bertram introduced:

H. F. No. 3143, A bill for an act relating to taxation; providing for the taxation of certain mixed alcoholic beverages; amending Minnesota Statutes 1994, section 297C.02, subdivision 1.

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

Leppik and Broecker introduced:

H. F. No. 3144, A bill for an act relating to sexual health; appropriating money to the department of health to be used for the institute for child and adolescent sexual health programs.

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

Winter and Dauner introduced:

H. F. No. 3145, A bill for an act relating to taxation; property tax; providing for property taxation for certain wind energy conversion systems; permitting the recovery through rates of certain property tax payments; amending Minnesota Statutes 1994, section 216B.16, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 272.02, subdivision 1.

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

Brown; Johnson, V.; Solberg; Anderson, I., and Holsten introduced:

H. F. No. 3146, A bill for an act relating to agriculture; providing an exception to alien ownership of agricultural land for production of timber and forestry products; amending Minnesota Statutes 1994, section 500.221, subdivision 2.

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

Anderson, R., by request, introduced:

H. F. No. 3147, A bill for an act relating to game and fish; allowing certain nonresident youth to obtain a resident small game license; amending Minnesota Statutes 1994, section 97A.451, by adding a subdivision.

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

Daggett and Koppendrayer introduced:

H. F. No. 3148, A bill for an act relating to education; restoring state aid and local property tax levy proceeds lost to the fund balance penalty for independent school district No. 820, Sebeka; appropriating money.

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

Greenfield introduced:

H. F. No. 3149, A bill for an act relating to health; creating a dental health maintenance organization; amending Minnesota Statutes 1994, sections 60B.15; 60B.20; 62D.02, subdivision 4, and by adding a subdivision; 62D.03, subdivisions 3 and 4; 62D.04, subdivisions 1 and 3; 62D.045, subdivision 1; 62D.05, subdivision 3; 62D.07, subdivision 3; 62D.09, subdivision 1; 62D.10, subdivision 3; 62D.101, subdivision 2; 62D.103; 62D.104; 62D.105, subdivision 1; 62D.12, subdivisions 1a and 9; 62D.121, subdivision 3; 62D.15, subdivision 1; 62D.17, subdivision 4; 62D.20, subdivision 1; 62D.22, subdivision 3; and 62E.02, subdivision 3; Minnesota Statutes 1995 Supplement, sections 62D.02, subdivision 8; 62D.044; 62D.181, subdivision 2; and 256.9657, subdivision 3.

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

Carlson, L.; Ness; Mares; Tunheim and Opatz introduced:

H. F. No. 3150, A bill for an act relating to education; appropriating money for alcohol impaired driver education; amending Laws 1995, First Special Session chapter 3, articles 4, section 29, subdivision 5; and 11, section 21, subdivision 2.

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

Anderson, B.; Smith; Garcia; Milbert and Hausman introduced:

H. F. No. 3151, A bill for an act relating to capital improvements; appropriating money for the Lake Charlotte flood control project; 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.

Long; Johnson, A.; Kelso; Entenza and Greiling introduced:

H. F. No. 3152, A bill for an act relating to education; requiring schools that receive vouchers to comply with state law; amending Minnesota Statutes 1994, section 120.101, by adding a subdivision.

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

Pugh and Milbert introduced:

H. F. No. 3153, A bill for an act relating to natural resources; amending the wetlands conservation act to allow for an exemption for wetlands used for sewage sludge disposal prior to January 1, 1992; amending Minnesota Statutes 1994, section 103G.2241.

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

Pugh introduced:

H. F. No. 3154, A bill for an act relating to juvenile court; conforming certain statutory procedures to the rules of juvenile procedure; amending Minnesota Statutes 1994, sections 260.141, by adding a subdivision; 260.145; and 260.281; repealing Minnesota Statutes 1994, section 260.141, subdivision 1.

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

Entenza introduced:

H. F. No. 3155, A bill for an act relating to education; requiring a technology plan for school districts; appropriating money.

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

Bakk; Anderson, I.; Tomassoni; Rukavina and Kinkel introduced:

H. F. No. 3156, A bill for an act relating to game and fish; decreasing the deer license fee in the northeastern sector; amending Minnesota Statutes 1994, section 97A.475, subdivision 2.

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

Rice introduced:

H. F. No. 3157, A bill for an act relating to the Minnesota historical society; modifying compensation policies; appropriating money; amending Minnesota Statutes 1995 Supplement, section 138.01, by adding a subdivision.

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

Milbert and Pugh introduced:

H. F. No. 3158, A bill for an act relating to natural resources; modifying the provisions for issuing aquatic plant control permits; amending Minnesota Statutes 1994, section 103G.615, subdivisions 1 and 2.

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

Lourey and Solberg introduced:

H. F. No. 3159, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Aitkin county.

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

Leighton introduced:

H. F. No. 3160, A bill for an act relating to education; authorizing independent school district No. 497, Lyle, to transfer funds from the early childhood education account to the capital expenditure fund.

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

Cooper introduced:

H. F. No. 3161, A bill for an act relating to health; providing for imposition, collection, and administration of the MinnesotaCare tax; amending Minnesota Statutes 1994, sections 295.51, subdivision 1, and by adding a subdivision; 295.52, by adding a subdivision; and 295.54, subdivisions 1, 2, and by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 295.50, subdivision 3; and 295.53, subdivisions 1 and 5; repealing Minnesota Statutes 1994, section 295.50, subdivisions 8, 9, 9a, 11, 12, and 12a.

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

Solberg and Anderson, I., introduced:

H. F. No. 3162, A bill for an act relating to local government; permitting the city of Cohasset to own and operate a gas utility.

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

Wenzel introduced:

H. F. No. 3163, A resolution memorializing Congress to protect family farmers.

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

The following House Advisory was introduced:

Munger, Wagenius, Boudreau, Leppik and Orfield introduced:

H. A. No. 23, A proposal to assure that the commissioners of health and pollution control report on progress of the air toxics rule.

The advisory was referred to the Committee on Environment and Natural Resources.

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 2079, A bill for an act relating to the city of New Market; permitting the city to incur debt not subject to the general debt limit.

H. F. No. 2308, A bill for an act relating to state government; providing a condition on participation in the state employee combined charitable campaign; amending Minnesota Statutes 1994, section 309.501, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 2012, 1793, 1798 and 2019.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2012, A bill for an act relating to highways; designating a portion of marked trunk highway No. 22 as Victory Drive; designating a portion of marked trunk highway No. 15 as Veterans Memorial Highway; providing for reimbursement of costs; amending Minnesota Statutes 1994, section 161.14, by adding subdivisions.

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

S. F. No. 1793, A bill for an act relating to motor vehicles; allowing display of single original plate from 1911, 1944, 1945, or 1946; amending Minnesota Statutes 1994, section 168.10, subdivision 1g.

The bill was read for the first time.

Pellow moved that S. F. No. 1793 and H. F. No. 2098, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1798, A bill for an act relating to statutes; limiting the scope of an instruction to the revisor; amending Laws 1995, chapter 189, section 8.

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

S. F. No. 2019, A bill for an act relating to education; clarifying approved costs for a magnet school facility; amending Minnesota Statutes 1994, section 124C.498, subdivision 3; Minnesota Statutes 1995 Supplement, section 124C.498, subdivision 2.

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

S. F. No. 1862 was reported to the House.

Haas moved to amend S. F. No. 1862 as follows:

Page 5, after line 8, insert:

"Sec. 3. [EFFECTIVE DATE]

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

The motion prevailed and the amendment was adopted.

S. F. No. 1862, A bill for an act relating to state government; authorizing use of unmarked vehicles by the division of disease prevention and control of the department of health; providing that passenger vehicle classification license plates be issued for those vehicles; amending Minnesota Statutes 1994, section 16B.54, subdivision 2; Minnesota Statutes 1995 Supplement, section 168.012, subdivision 1.

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

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

Those who voted in the affirmative were:

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

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, Thursday, February 8, 1996:

H. F. Nos. 2634, 1704, 2154, 2681, 2152, 2385, 2558, 2682, 2695, 2415, 2420, 2155, 2112 and 2188.

H. F. No. 2634, A bill for an act relating to local government; providing for one additional chief deputy sheriff in the unclassified service in Hennepin county; amending Minnesota Statutes 1994, section 383B.32, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kelso        Ness         Smith
Anderson, B. Farrell      Kinkel       Olson, M.    Solberg
Anderson, R. Finseth      Knight       Onnen        Stanek
Bakk         Frerichs     Knoblach     Opatz        Sviggum
Bertram      Garcia       Koppendrayer Orenstein    Swenson, D.
Bettermann   Girard       Kraus        Orfield      Sykora
Bishop       Goodno       Krinkie      Osskopp      Tomassoni
Boudreau     Greenfield   Larsen       Osthoff      Tompkins
Bradley      Greiling     Leppik       Ostrom       Trimble
Broecker     Gunther      Lieder       Otremba      Tuma
Brown        Haas         Lindner      Ozment       Tunheim
Carlson, L.  Hackbarth    Long         Paulsen      Van Dellen
Carlson, S.  Harder       Lourey       Pellow       Van Engen
Carruthers   Hasskamp     Luther       Pelowski     Vickerman
Clark        Hausman      Lynch        Perlt        Wagenius
Commers      Holsten      Macklin      Peterson     Warkentin
Cooper       Huntley      Mares        Pugh         Weaver
Daggett      Jaros        Mariani      Rest         Wejcman
Dauner       Jefferson    Marko        Rhodes       Wenzel
Davids       Jennings     McCollum     Rice         Winter
Dawkins      Johnson, A.  McGuire      Rostberg     Wolf
JOURNAL OF THE HOUSE - 75th Day - Top of Page 6696

Dehler       Johnson, R.  Milbert      Rukavina     Worke
Delmont      Johnson, V.  Molnau       Sarna        Workman
Dempsey      Kahn         Mulder       Schumacher   Sp.Anderson,I
Dorn         Kalis        Munger       Seagren      
Entenza      Kelley       Murphy       Skoglund     

H. F. No. 1704, A bill for an act relating to commerce; making various technical and conforming changes related to limited liability companies; regulating investment securities; amending Minnesota Statutes 1994, sections 322B.105; 322B.115, subdivisions 2, 3, and 4; 322B.125, subdivision 1; 322B.135, subdivision 3; 322B.145; 322B.15, subdivisions 1, 3, and 4; 322B.155; 322B.175; 322B.20, subdivision 2; 322B.30, subdivision 3; 322B.313, subdivision 2; 322B.33, subdivisions 4 and 9; 322B.34, subdivisions 1 and 3; 322B.346, subdivision 2; 322B.36, subdivisions 2 and 3; 322B.363, subdivision 1; 322B.373, subdivision 2; 322B.376; 322B.383, subdivision 1; 322B.386, subdivisions 4 and 7; 322B.40, subdivision 6; 322B.42, subdivisions 2 and 4; 322B.54, subdivision 1; 322B.56, subdivision 1; 322B.60, subdivision 2; 322B.643, subdivision 3; 322B.646; 322B.653; 322B.666, subdivision 2; 322B.693, subdivision 1; 322B.699, subdivision 6; 322B.72, subdivisions 2 and 3; 322B.75, subdivision 1; 322B.77, subdivision 1; 322B.803, subdivisions 1 and 2; 322B.813, subdivision 5; 322B.833, subdivisions 1, 2, and 4; Minnesota Statutes 1995 Supplement, sections 322B.12, subdivision 1; 336.8-103; and 336.8-603.

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       Olson, M.    Solberg
Anderson, B. Finseth      Knoblach     Onnen        Stanek
Anderson, R. Frerichs     Koppendrayer Opatz        Sviggum
Bakk         Garcia       Kraus        Orenstein    Swenson, D.
Bertram      Girard       Krinkie      Orfield      Swenson, H.
Bettermann   Goodno       Larsen       Osskopp      Sykora
Bishop       Greenfield   Leighton     Osthoff      Tomassoni
Boudreau     Greiling     Leppik       Ostrom       Tompkins
Bradley      Gunther      Lieder       Otremba      Trimble
Broecker     Haas         Lindner      Ozment       Tuma
Brown        Hackbarth    Long         Paulsen      Tunheim
Carlson, L.  Harder       Lourey       Pawlenty     Van Dellen
Carlson, S.  Hasskamp     Luther       Pellow       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.  McGuire      Rostberg     Wolf
Dehler       Johnson, V.  Milbert      Rukavina     Worke
Delmont      Kahn         Molnau       Sarna        Workman
Dempsey      Kalis        Mulder       Schumacher   Sp.Anderson,I
Dorn         Kelley       Munger       Seagren      
Entenza      Kelso        Murphy       Skoglund     
Erhardt      Kinkel       Ness         Smith        

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.

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

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

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Olson, M.    Solberg
Anderson, B. Finseth      Knoblach     Onnen        Stanek
Anderson, R. Frerichs     Koppendrayer Opatz        Sviggum
Bakk         Garcia       Kraus        Orenstein    Swenson, D.
Bertram      Girard       Krinkie      Orfield      Swenson, H.
Bettermann   Goodno       Larsen       Osskopp      Sykora
Bishop       Greenfield   Leighton     Osthoff      Tomassoni
Boudreau     Greiling     Leppik       Ostrom       Tompkins
Bradley      Gunther      Lieder       Otremba      Trimble
Broecker     Haas         Lindner      Ozment       Tuma
Brown        Hackbarth    Long         Paulsen      Tunheim
Carlson, L.  Harder       Lourey       Pawlenty     Van Dellen
Carlson, S.  Hasskamp     Luther       Pellow       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.  McGuire      Rostberg     Wolf
Dehler       Johnson, V.  Milbert      Rukavina     Worke
Delmont      Kahn         Molnau       Sarna        Workman 
Dempsey      Kalis        Mulder       Schumacher   
Dorn         Kelley       Munger       Seagren      
Entenza      Kelso        Murphy       Skoglund     
Erhardt      Kinkel       Ness         Smith        

H. F. No. 2681 was reported to the House and given its third reading.

Huntley moved that H. F. No. 2681 be temporarily laid over on Special Orders. The motion prevailed.

H. F. No. 2152, A bill for an act relating to transportation; abolishing specific highway service sign program and directing commissioner of transportation to adopt rules to administer highway service signs; eliminating limitation on funding advances for completing county state-aid highways in cities; prohibiting motor vehicle from closely following ambulance responding to emergency; providing for turnbacks to local governments of legislative routes Nos. 232, 261, 300, 326, and 385; amending Minnesota Statutes 1994, sections 162.08, subdivision 5; 169.18, subdivision 8; and 169.59, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 160; repealing Minnesota Statutes 1994, sections 160.292, subdivisions 1, 2, 3, 4, 5, 8, 9, and 10; 160.293; 160.294; 160.295; 160.296; and 160.297; Minnesota Statutes 1995 Supplement, section 160.292, subdivisions 6, 7, and 7a.

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      Knight       Onnen        Stanek
Anderson, B. Finseth      Knoblach     Opatz        Sviggum
Anderson, R. Frerichs     Koppendrayer Orenstein    Swenson, D.
Bakk         Garcia       Kraus        Orfield      Swenson, H.
Bertram      Girard       Larsen       Osskopp      Sykora
Bettermann   Goodno       Leighton     Osthoff      Tomassoni
Bishop       Greenfield   Leppik       Ostrom       Tompkins
Boudreau     Greiling     Lieder       Otremba      Trimble
Bradley      Gunther      Lindner      Ozment       Tuma
Broecker     Haas         Long         Paulsen      Tunheim
Brown        Hackbarth    Lourey       Pawlenty     Van Dellen
Carlson, L.  Harder       Luther       Pellow       Van Engen
Carlson, S.  Hasskamp     Lynch        Pelowski     Vickerman
Carruthers   Hausman      Macklin      Perlt        Wagenius
Clark        Holsten      Mahon        Peterson     Warkentin
JOURNAL OF THE HOUSE - 75th Day - Top of Page 6698

Commers      Huntley      Mares        Pugh         Weaver
Cooper       Jaros        Mariani      Rest         Wejcman
Daggett      Jefferson    Marko        Rhodes       Wenzel
Dauner       Jennings     McCollum     Rice         Winter
Davids       Johnson, A.  McGuire      Rostberg     Wolf
Dawkins      Johnson, R.  Milbert      Rukavina     Worke
Dehler       Johnson, V.  Molnau       Sarna        Workman
Delmont      Kahn         Mulder       Schumacher   Sp.Anderson,I
Dempsey      Kalis        Munger       Seagren      
Dorn         Kelley       Murphy       Skoglund     
Entenza      Kelso        Ness         Smith        
Erhardt      Kinkel       Olson, M.    Solberg      

Krinkie                   

H. F. No. 2385, A bill for an act relating to civil actions; establishing an evidentiary privilege for persons who preside at alternative dispute resolution; amending Minnesota Statutes 1994, section 595.02, by adding a subdivision.

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

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

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Olson, M.    Solberg
Anderson, B. Finseth      Knoblach     Onnen        Stanek
Anderson, R. Frerichs     Koppendrayer Opatz        Sviggum
Bakk         Garcia       Kraus        Orenstein    Swenson, D.
Bertram      Girard       Krinkie      Orfield      Swenson, H.
Bettermann   Goodno       Larsen       Osskopp      Sykora
Bishop       Greenfield   Leighton     Osthoff      Tomassoni
Boudreau     Greiling     Leppik       Ostrom       Tompkins
Bradley      Gunther      Lieder       Otremba      Trimble
Broecker     Haas         Lindner      Ozment       Tuma
Brown        Hackbarth    Long         Paulsen      Tunheim
Carlson, L.  Harder       Lourey       Pawlenty     Van Dellen
Carlson, S.  Hasskamp     Luther       Pellow       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.  McGuire      Rostberg     Wolf
Dehler       Johnson, V.  Milbert      Rukavina     Worke
Delmont      Kahn         Molnau       Sarna        Workman
Dempsey      Kalis        Mulder       Schumacher   Sp.Anderson,I
Dorn         Kelley       Munger       Seagren      
Entenza      Kelso        Murphy       Skoglund     
Erhardt      Kinkel       Ness         Smith        

H. F. No. 2558, A bill for an act relating to professions; modifying provisions governing the practice of nursing; amending Minnesota Statutes 1994, section 148.231, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 148.

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

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

Those who voted in the affirmative were:

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

H. F. No. 2682, A bill for an act relating to employment; modifying provisions governing school conference and activities leave; amending Minnesota Statutes 1994, section 181.9412.

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 3 nays as follows:

Those who voted in the affirmative were:

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

Knight       Wolf         Workman      

H. F. No. 2695 was reported to the House.

Lourey moved to amend H. F. No. 2695 as follows:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1994, section 148.622, subdivision 3, is amended to read:

Subd. 3. [MEMBERSHIP TERMS; OFFICERS; QUORUM; EXPENSES.] (a) Members must be appointed for staggered terms of four years, with terms beginning August 1 of each even-numbered year. The terms of the initial board members shall be determined by lot as follows: three two members shall be appointed for terms that expire August 1, 1999 1998; two members must be appointed for terms that expire August 1, 1997; one member must be appointed for a term that expires August 1, 1996; and two members must be appointed for terms that expire August 1, 1995. Members of the board serve until the expiration of the term to which they have been appointed or until their successors have qualified. A person may not be appointed to serve more than two consecutive terms.

(b) The board shall organize annually and select a chair and vice-chair.

(c) Four members of the board, including two professional members and two public members, constitute a quorum to do business.

(d) The board shall hold at least two regular meetings each year. Additional meetings may be held at the call of the chair or at the written request of any three members of the board. At least 14 days' written advance notice of the board meeting is required.

(e) Board members receive compensation for their services in accordance with section 15.0575."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 2695, A bill for an act relating to health; exempting acupuncturists from dietitian and nutritionist licensing requirements; amending Minnesota Statutes 1994, section 148.632, subdivision 1.

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

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

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Olson, M.    Solberg
Anderson, B. Finseth      Knoblach     Onnen        Stanek
Anderson, R. Frerichs     Koppendrayer Opatz        Sviggum
Bakk         Garcia       Kraus        Orenstein    Swenson, D.
Bertram      Girard       Krinkie      Orfield      Swenson, H.
Bettermann   Goodno       Larsen       Osskopp      Sykora
Bishop       Greenfield   Leighton     Osthoff      Tomassoni
Boudreau     Greiling     Leppik       Ostrom       Tompkins
Bradley      Gunther      Lieder       Otremba      Trimble
Broecker     Haas         Lindner      Ozment       Tuma
Brown        Hackbarth    Long         Paulsen      Tunheim
Carlson, L.  Harder       Lourey       Pawlenty     Van Dellen
Carlson, S.  Hasskamp     Luther       Pellow       Van Engen
Carruthers   Hausman      Lynch        Pelowski     Vickerman
Clark        Holsten      Macklin      Perlt        Wagenius
Commers      Huntley      Mahon        Peterson     Warkentin
Cooper       Jaros        Mares        Pugh         Weaver
JOURNAL OF THE HOUSE - 75th Day - Top of Page 6701

Daggett      Jefferson    Mariani      Rest         Wenzel
Dauner       Jennings     Marko        Rhodes       Winter
Davids       Johnson, A.  McCollum     Rice         Wolf
Dawkins      Johnson, R.  McGuire      Rostberg     Worke
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        

H. F. No. 2415 was reported to the House.

Rest moved to amend H. F. No. 2415, the second engrossment, as follows:

Page 3, lines 10 to 16, delete the new language

The motion prevailed and the amendment was adopted.

H. F. No. 2415, A bill for an act relating to housing; modifying procedures for allocating bonding authority to cities for single-family housing; making technical corrections; amending Minnesota Statutes 1994, sections 474A.061, subdivision 2b; 474A.131, subdivisions 1 and 1a; and 474A.14; Minnesota Statutes 1995 Supplement, sections 474A.061, subdivisions 2a and 2c; and 474A.091, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 474A.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 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       Krinkie      Orfield      Swenson, H.
Bertram      Girard       Larsen       Osskopp      Sykora
Bettermann   Goodno       Leighton     Osthoff      Tomassoni
Bishop       Greenfield   Leppik       Ostrom       Tompkins
Boudreau     Greiling     Lieder       Otremba      Trimble
Bradley      Gunther      Lindner      Ozment       Tuma
Broecker     Haas         Long         Paulsen      Tunheim
Brown        Hackbarth    Lourey       Pawlenty     Van Dellen
Carlson, L.  Harder       Luther       Pellow       Van Engen
Carlson, S.  Hasskamp     Lynch        Pelowski     Vickerman
Carruthers   Hausman      Macklin      Perlt        Wagenius
Clark        Holsten      Mahon        Peterson     Warkentin
Commers      Huntley      Mares        Pugh         Weaver
Cooper       Jaros        Mariani      Rest         Wejcman
Daggett      Jefferson    Marko        Rhodes       Wenzel
Dauner       Jennings     McCollum     Rice         Winter
Davids       Johnson, A.  McGuire      Rostberg     Wolf
Dawkins      Johnson, R.  Milbert      Rukavina     Worke
Dehler       Johnson, V.  Molnau       Sarna        Workman
Delmont      Kahn         Mulder       Schumacher   Sp.Anderson,I
Dempsey      Kalis        Munger       Seagren      
Dorn         Kelley       Murphy       Skoglund     
Entenza      Kelso        Ness         Smith        
Erhardt      Kinkel       Olson, M.    Solberg      

Knight                    

H. F. No. 2681 which was temporarily laid over earlier today on Special Orders was again reported to the House.

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.

The bill was placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 5 nays as follows:

Those who voted in the affirmative were:

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

Knight       Krinkie      Workman      
Koppendrayer Sviggum      

H. F. No. 2420 was reported to the House.

Huntley moved to amend H. F. No. 2420, the first engrossment, as follows:

Page 1, line 14, delete "Thompson" and insert "Thomson"

Amend the title as follows:

Page 1, line 3, delete "Thompson" and insert "Thomson"

The motion prevailed and the amendment was adopted.

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

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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 2155, A bill for an act relating to civil law; real property and probate; providing conditions for registered property applications and records; providing for the application of certain curative provisions; changing certain probate and trust provisions; providing standards for certain documents; amending Minnesota Statutes 1994, sections 357.18, by adding a subdivision; 501B.57; 508.06; 508.63; 508.66; 508.71, subdivision 3; 508.82; 508A.01, subdivision 3; 508A.06; 508A.63; 508A.66; 508A.71, subdivision 3; 508A.82; 508A.85, subdivision 3; 524.2-403; 524.3-708; 524.3-804; 559.215; and 559.216; Minnesota Statutes 1995 Supplement, sections 524.2-803; and 524.3-914; proposing coding for new law in Minnesota Statutes, chapter 507; repealing Laws 1994, chapter 447, section 2.

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

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

Those who voted in the affirmative were:

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

H. F. No. 2112 was reported to the House.

Johnson, V.; Bishop; Munger; Long; Tuma and Haas moved to amend H. F. No. 2112, the first engrossment, as follows:

Page 1, line 13, after "systems" insert "and to finance sealing and replacing contaminated wells"

Page 2, line 5, after "system" insert "or well" and after the second comma, insert "sealed,"

Page 2, line 9, before the period, insert "or sealing and replacing a contaminated well"

Page 2, after line 9, insert:

"(e) "Well" has the meaning given in section 103I.005."

Page 2, line 12, after "system" insert "or contaminated well" and after "program" insert ", or both,"

Page 2, line 15, after "systems" insert "or for sealing and replacing contaminated wells"

Page 2, line 29, after "system" insert "or contaminated well"

Page 3, line 25, after the period, insert "All improvements to contaminated wells under this section must be made by a well contractor or a limited well contractor, as appropriate, licensed under chapter 103I."

Amend the title as follows:

Page 1, line 3, after "system" insert "and contaminated well"

The motion prevailed and the amendment was adopted.

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

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

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

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Olson, M.    Solberg
Anderson, B. Finseth      Knoblach     Onnen        Stanek
Anderson, R. Frerichs     Koppendrayer Opatz        Sviggum
Bakk         Garcia       Kraus        Orenstein    Swenson, D.
JOURNAL OF THE HOUSE - 75th Day - Top of Page 6705

Bertram      Girard       Krinkie      Orfield      Swenson, H.
Bettermann   Goodno       Larsen       Osskopp      Sykora
Bishop       Greenfield   Leighton     Osthoff      Tomassoni
Boudreau     Greiling     Leppik       Ostrom       Tompkins
Bradley      Gunther      Lieder       Otremba      Trimble
Broecker     Haas         Lindner      Ozment       Tuma
Brown        Hackbarth    Long         Paulsen      Tunheim
Carlson, L.  Harder       Lourey       Pawlenty     Van Dellen
Carlson, S.  Hasskamp     Luther       Pellow       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.  McGuire      Rostberg     Wolf
Dehler       Johnson, V.  Milbert      Rukavina     Worke
Delmont      Kahn         Molnau       Sarna        Workman
Dempsey      Kalis        Mulder       Schumacher   Sp.Anderson,I
Dorn         Kelley       Munger       Seagren      
Entenza      Kelso        Murphy       Skoglund     
Erhardt      Kinkel       Ness         Smith        

Wagenius was excused for the remainder of today's session.

H. F. No. 2188, A bill for an act relating to motor carriers; modifying and reorganizing provisions relating to allowable truck lengths and combinations; amending Minnesota Statutes 1994, sections 168.011, subdivisions 13 and 14; 168.013, subdivision 1e; 169.81, subdivision 2, and by adding a subdivision; and 169.86, subdivision 1; Minnesota Statutes 1995 Supplement, section 169.81, 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 69 yeas and 58 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kraus        Onnen        Swenson, H.
Anderson, B. Finseth      Krinkie      Osskopp      Sykora
Bertram      Frerichs     Larsen       Paulsen      Tuma
Bettermann   Girard       Leppik       Pawlenty     Tunheim
Boudreau     Goodno       Lieder       Pellow       Van Dellen
Bradley      Gunther      Lindner      Pelowski     Van Engen
Broecker     Haas         Lynch        Rhodes       Vickerman
Carlson, L.  Hackbarth    Macklin      Rostberg     Warkentin
Carlson, S.  Harder       Mahon        Schumacher   Weaver
Commers      Holsten      Mares        Seagren      Winter
Daggett      Johnson, V.  Molnau       Smith        Wolf
Davids       Knight       Mulder       Solberg      Worke
Dehler       Knoblach     Ness         Sviggum      Workman 
Dempsey      Koppendrayer Olson, M.    Swenson, D.  

Anderson, R. Garcia       Kalis        Munger       Rukavina
Bakk         Greenfield   Kelley       Murphy       Sarna
Bishop       Greiling     Kelso        Opatz        Skoglund
Carruthers   Hasskamp     Kinkel       Orenstein    Stanek
Clark        Hausman      Leighton     Orfield      Tomassoni
Cooper       Huntley      Long         Osthoff      Tompkins
Dauner       Jaros        Lourey       Ostrom       Trimble
Dawkins      Jefferson    Luther       Otremba      Wejcman
Delmont      Jennings     Mariani      Perlt        Wenzel
Dorn         Johnson, A.  Marko        Peterson     Sp.Anderson,I
Entenza      Johnson, R.  McCollum     Pugh         
Farrell      Kahn         McGuire      Rest         

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

Davids moved that the names of Skoglund and Van Engen be added as authors on H. F. No. 1313. The motion prevailed.

Skoglund moved that the name of Bishop be added as an author on H. F. No. 2045. The motion prevailed.

Boudreau moved that her name be stricken as an author on H. F. No. 2446. The motion prevailed.

Pelowski moved that the name of Mulder be added as an author on H. F. No. 2519. The motion prevailed.

Koppendrayer moved that the name of Schumacher be added as an author on H. F. No. 2665. The motion prevailed.

Larsen moved that the name of Hackbarth be stricken and the name of Krinkie be added as an author on H. F. No. 2770. The motion prevailed.

Trimble moved that the name of Johnson, V., be stricken and the names of Hausman and Jennings be added as authors on H. F. No. 2784. The motion prevailed.

Bertram moved that the name of Van Engen be added as an author on H. F. No. 2804. The motion prevailed.

Bakk moved that the names of Kinkel and Hasskamp be added as authors on H. F. No. 2902. The motion prevailed.

Rest moved that the name of Weaver be added as an author on H. F. No. 2974. The motion prevailed.

Lourey moved that the name of Davids be added as an author on H. F. No. 3078. The motion prevailed.

Rukavina moved that the name of Hackbarth be added as an author on H. F. No. 3089. The motion prevailed.

Paulsen moved that the name of Workman be added as an author on H. F. No. 3135. The motion prevailed.

Cooper moved that H. F. No. 3161 be recalled from the Committee on Taxes and be re-referred to the Committee on Health and Human Services. The motion prevailed.

Long moved that S. F. No. 1815 be recalled from the Committee on Financial Institutions and Insurance and together with H. F. No. 2344, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

Broecker moved that H. F. No. 2003, now on General Orders, be re-referred to the Committee on Judiciary. The motion prevailed.

Rice moved that H. F. No. 2294, now on General Orders, be re- referred to the Committee on Economic Development, Infrastructure and Regulation Finance. The motion prevailed.

Carruthers moved that H. F. No. 2496, now on General Orders, be re-referred to the Committee on Taxes. The motion prevailed.

Rhodes moved that H. F. No. 2142 be returned to its author. The motion prevailed.

Rukavina moved that H. F. No. 2734 be returned to its author. The motion prevailed.

Mulder moved that H. F. No. 3058 be returned to its author. 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., Monday, February 12, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

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