Jennings and Ozment were excused.

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

S. F. No. 2111 and H. F. No. 2454, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Tunheim moved that S. F. No. 2111 be substituted for H. F. No. 2454 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2813 and H. F. No. 3016, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Daggett moved that S. F. No. 2813 be substituted for H. F. No. 3016 and that the House File be indefinitely postponed. The motion prevailed.

The following communication was received:

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Act of the 1996 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

S.F.         H.F.   Session Laws    Date ApprovedDate Filed

No.           No.    Chapter No.             1996      1996

1946 272 10:00 a.m. February 16February 16

Sincerely,

Joan Anderson Growe

Secretary of State

Jennings from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 343, A bill for an act proposing an amendment to the Minnesota Constitution, article VIII, section 5; providing for recall of elected state officers.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [CONSTITUTIONAL AMENDMENT.]

An amendment to the Minnesota Constitution, amending article VIII by adding a section, is proposed to the people. If the amendment to article VIII is adopted, the new section will read:

Sec. 6. A member of the senate or the house of representatives, an executive officer of the state identified in section 1 of article V of the constitution, or a judge of the supreme court, the court of appeals, or a district court is subject to recall from office by the voters. The grounds for recall, which shall be prescribed by law, are malfeasance

or nonfeasance in the performance of the duties of an office subject to recall under this section, serious ethical misconduct while serving as a state officer, and conviction during the term of office for a serious crime. A petition for recall must set forth the specific conduct that may warrant recall from office under the law. A petition must be signed by a number of eligible voters who reside in the district where the officer serves and who number not less than 25 percent of the number who voted for a candidate for the office at the most recent general election for the office. Upon determining that a petition has been signed by the minimum number of eligible voters, the secretary of state shall forward the petition to the supreme court for review in the manner provided by law. If the review results in a determination that there is reason to believe that the facts alleged in the petition are true and constitute grounds for recall under this section, the petition must be returned to the secretary of state, who shall conduct a recall election in the manner provided by law. A recall election may not be held less than six months before the end of the officer's term.

Sec. 2. [SCHEDULE AND QUESTION.]

The amendment shall be submitted to the people at the 1996 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended to provide for recall of elected state officers?

Yes .......

No ........"

Section 1. Minnesota Statutes 1994, section 200.01, is amended to read:

200.01 [CITATION, MINNESOTA ELECTION LAW.]

This chapter and chapters 201, 202A, 203B, 204B, 204C, 204D, 205, 205A, 206, 208, 209, 211A, and 211B, and 211C shall be known as the Minnesota election law.

Sec. 2. [211C.01] [SCOPE.]

A state officer is subject to recall only upon the grounds and in the manner prescribed in the Minnesota Constitution, article VIII, section 6, and this chapter.

Sec. 3. [211C.02] [DEFINITIONS.]

Subdivision 1. [APPLICATION.] The definitions in this section and in chapter 200 apply to this chapter.

Subd. 2. [MALFEASANCE.] "Malfeasance" means the willful commission of an unlawful or wrongful act by a state officer in the performance of the officer's duties which is outside the scope of the authority of the officer and which infringes on the rights of any person or entity.

Subd. 3. [NONFEASANCE.] "Nonfeasance" means the willful failure of a state officer to perform a specific act which is a required part of the duties of the officer.

Subd. 4. [SERIOUS CRIME.] "Serious crime" means a crime that is punishable or punished as a gross misdemeanor or misdemeanor, as defined in section 609.02, and that involves assault, intentional injury or threat of injury to person or public safety, driving while intoxicated or while having an alcohol concentration over the legal limit, dishonesty, coercion, obstruction of justice, or the sale or possession of controlled substances.

Subd. 5. [SERIOUS ETHICAL MISCONDUCT.] "Serious ethical misconduct" means:

(1) conduct that exhibits gross dishonesty or deceit;

(2) intentional acts of violence against persons or conduct that demonstrates disregard for the safety of persons or the public;

(3) intentional conduct that is prejudicial to the administration of justice or conduct that shows contempt for the law and legal process; or

(4) other intentional conduct that constitutes a violation of the oath of office or betrayal of the public trust.

Subd. 6. [STATE OFFICER.] "State officer" means an individual occupying an office subject to recall under the Minnesota Constitution, article VIII, section 6.

Sec. 4. [211C.03] [GROUNDS.]

Subdivision 1. [GROUNDS EXCLUSIVE.] A state officer is subject to recall only upon the grounds specified in this section.

Subd. 2. [GROUNDS.] A state officer may be subject to recall for:

(1) malfeasance or nonfeasance in the performance of the duties of a state officer;

(2) serious ethical misconduct while serving as a state officer; or

(3) conviction during the term of office for a serious crime.

Sec. 5. [211C.04] [PETITION FOR RECALL; PREPARATION; SUBMISSION; VERIFICATION.]

Subdivision 1. [GENERAL.] A petition for the recall of a state officer shall be in the form and shall be filed, completed, and submitted to the secretary of state in the manner provided by this section.

Subd. 2. [FORM AND CONTENT.] The petition must be prepared in the form specified in rules adopted by the secretary of state. Each page of the petition must contain the following information:

(1) the name and office held by the state officer who is the subject of the recall petition and, in the case of a representative, senator, or district judge, the district number in which the state officer serves;

(2) the grounds upon which the state officer is sought to be recalled and a concise, accurate, and complete synopsis of the specific facts that support the grounds for recall;

(3) a statement that persons signing the petition:

(i) must be eligible voters residing within the district where the state officer serves or, in the case of a statewide officer, within the state;

(ii) must know the purpose and content of the petition; and

(iii) must sign of their own free will and may sign only once; and

(4) a space for the signature and signature date; printed first, middle, and last name; residence address, including municipality and county; and date of birth of each signer.

The secretary of state shall make available sample recall petition forms upon request.

Subd. 3. [SPONSOR; FILING OF PETITION DOCUMENT.] Before obtaining other signatures, the sponsor or sponsors of the petition, numbering no more than three individuals, shall submit the petition document for filing by the secretary of state. An individual may not sponsor more than one petition for the recall of the same state officer based upon substantially the same grounds and conduct. The secretary of state may not file a petition document if:

(1) the document is not substantially in the required form;

(2) the person named in the document is not a state officer;

(3) the person named in the document is not a state officer, subject to recall under the law; or

(4) the sponsors of the petition are not eligible sponsors and signers of the petition under the law.

The secretary of state may not file a petition document for the recall of a state officer if the secretary of state has previously forwarded to the clerk of the appellate court a petition for the recall of the same state officer based upon substantially the same grounds and conduct.

Subd. 4. [NOTICE.] Upon filing a petition document, the secretary of state shall notify in writing the state officer named in the petition document of the filing and shall provide the officer with a copy of the document.

Subd. 5. [SUBMITTING A PETITION.] A petition for the recall of a member of the legislature or a district judge must be submitted within 90 days of the date that it was filed. A petition for the recall of any other officer must be submitted within 180 days of the date that it was filed. A petition for recall may not be submitted later than one year before the end of the term of the officer named in the petition.

Subd. 6. [VERIFYING A PETITION.] Upon receipt of a recall petition, the secretary of state shall verify the number and eligibility of signers in the manner provided in rules adopted by the secretary of state. The secretary of state shall complete verification of the petition no later than ten days after the date it was submitted. The secretary of state may select a random sample of names on the petition to determine if the petition meets the requirements of the Minnesota Constitution, article VIII, section 6. The random sample must consist of either 600 names or one-fourth of one percent of the total number of names on the petition, whichever is greater.

Sec. 6. [211C.05] [DISMISSING OR FORWARDING THE PETITION.]

Subdivision 1. [NOTICE OF DEFICIENCY.] If the secretary of state determines that a petition has not been signed by a sufficient number of eligible voters, based upon projections derived from the random sample, the secretary of state shall notify the sponsors of the petition.

Subd. 2. [SUPPLEMENTARY PETITION; DISMISSAL OF PETITION.] The sponsors of a petition may correct a deficient petition by submitting a supplementary petition within 20 days of receiving the notice of deficiency from the secretary of state. If a supplementary petition is not filed within the time allowed, or if the supplementary petition does not correct the deficiency of the petition, the secretary of state shall dismiss the petition and notify in writing the sponsors of the petition and the state officer named in the petition.

Subd. 3. [FORWARDING TO COURT; NOTICE.] If the secretary of state determines that the petition has been signed by a sufficient number of eligible voters, based upon projections derived from the random sample, the secretary of state shall immediately notify in writing the sponsors of the petition and the state officer named in the petition and shall forward the petition to the clerk of the appellate courts for action under section 211C.06.

Sec. 7. [211C.06] [CHIEF JUSTICE REVIEW; ASSIGNMENT TO SPECIAL MASTER.]

The clerk of the appellate courts shall submit the petition immediately to the chief justice of the supreme court or, if the chief justice is the subject of the petition, to the most senior associate justice of the supreme court. The justice, or a designee if the justice has a conflict or interest or is unable to review the petition in a timely manner, shall review the petition to determine whether the petition alleges specific facts which, if proven, constitute grounds for recall under the Minnesota Constitution, article VIII, section 6, and section 211C.03. If the petition does not contain such allegations, the justice may immediately issue an order denying the petition. If the petition contains such allegations, the justice shall assign the case to a special master for a public hearing. The special master must be an active or retired judge. The justice shall complete the review and deny the petition or assign the case within 14 days.

Sec. 8. [211C.07] [WAIVER OF HEARING.]

A state officer who is the subject of a recall petition may waive the right to a public hearing. The waiver must be submitted in writing to the reviewing justice. If the hearing is waived, the supreme court shall dispose of the case as required in section 211C.09.

Sec. 9. [211C.08] [SPECIAL MASTER.]

Subdivision 1. [HEARING.] A public hearing into the allegations of a petition for recall must be held within 21 days after issuance of the order of the justice assigning the case to a special master. The special master shall take evidence and may issue subpoenas to compel the testimony of witnesses and the production of documents. The proceeding must be conducted in the manner required to ensure that the parties have an opportunity to be heard and that competent evidence is taken in the time permitted.

Subd. 2. [LEGAL COUNSEL.] The petitioners and the state officer shall be represented by legal counsel at their own expense and shall pay their costs associated with the hearing, except that the state may assume the legal costs incurred by the state officer. The state shall pay all other costs of the hearing.

Subd. 3. [REPORT.] The special master shall report to the court within 14 days after the end of the public hearing. In the report, the special master shall determine:

(1) whether the petitioners have shown by clear and convincing evidence that the factual allegations supporting the petition for recall are true; and

(2) if so, whether the facts found to be true constitute grounds for recall under the law.

Sec. 10. [211C.09] [SUPREME COURT; DECISION.]

The supreme court shall review the report of the special master and make a decision on the petition within 30 days. If the court decides that the standard expressed in section 211C.08, subdivision 3, has not been met, or that the sponsors have violated section 211C.11, subdivision 1, the court shall deny the petition. If the court decides that the standard for decision expressed in section 211C.08, subdivision 3, has been met, the court shall grant the petition by order to the governor directing that a recall election be held. If the governor is the subject of the recall petition, the court shall issue the order to the secretary of state, who shall issue the writ for election as required under section 211C.10.

Sec. 11. [211C.10] [GOVERNOR.]

Within five days of receiving the order of the court issued under section 211C.09, the governor shall issue a writ calling for a recall election. The election must be held no sooner than 15 days nor later than 30 days from the day the writ issues.

Sec. 12. [211C.11] [RECALL PETITION; CORRUPT PRACTICES; PENALTIES.]

Subdivision 1. [SPONSORS; FALSE CLAIMS.] A person sponsoring a recall petition may not intentionally allege any fact in support of the petition that the person knows or has reason to believe is false. A violation of this subdivision is a gross misdemeanor. A violation of this subdivision is good and sufficient cause for dismissal of a petition.

Subd. 2. [FALSE SIGNATORIES.] A person may not intentionally: (1) sign a name other than the person's own to a petition, (2) sign more than once on a petition to recall the same state officer at the same election, (3) sign a petition while not qualified to vote in an election to recall the officer, (4) make any false entry on a petition, or (5) aid, abet, counsel, or procure another to do any act in violation of this subdivision. A violation of this subdivision is a misdemeanor.

Subd. 3. [UNDUE INFLUENCE.] A person may not use threat, intimidation, coercion, or other corrupt means to interfere or attempt to interfere with the right of any eligible voter to sign or not to sign a recall petition of the voter's own free will. A person may not, for any consideration, compensation, gift, reward, or thing of value or promise thereof, sign or not sign a recall petition, circulate a recall petition, or induce or attempt to induce others to sign or not to sign a recall petition. A person may not advertise in any manner that the person will, either with or without compensation or consideration, circulate a recall petition or induce or attempt to induce others to sign or not to sign a recall petition. A person who violates the provisions of this section is guilty of a gross misdemeanor.

Sec. 13. [211C.12] [RECALL ELECTION; HOW CONDUCTED.]

Except as otherwise provided in this chapter, a recall election must be conducted, and the results canvassed and returned, in the manner provided by law for the state general election.

Sec. 14. [211C.13] [NOTICE; BALLOT PREPARATION.]

Subdivision 1. [NOTICE BY SECRETARY OF STATE.] At least 42 days before a recall election is to be held, the secretary of state shall provide notice to the county auditor of each county of the date of a recall election to be held in that county. Within ten days after notification by the secretary of state, each county auditor shall provide notice of the date of the recall election to each municipal clerk in the county.

Subd. 2. [NOTICE OF MUNICIPALITIES.] At least 14 days before the date of the recall election, each municipal clerk shall post a public notice stating the date of the recall election, the location of each polling place in the municipality, and the hours during which the polling places in the municipality will be open. The county auditor

shall post a similar notice in the auditor's office with information for any polling places in unorganized territory in the county. The governing body of a municipality or county may publish the notice in addition to posting it. Failure to give notice does not invalidate the election.

Subd. 3. [BALLOT PREPARATION.] The recall question is placed on the violet ballot. The violet ballot must be prepared by the county auditor in the manner provided in the rules of the secretary of state.

The question submitted must be:

"Shall (name of officer) be recalled from the office of (name of office)?

Yes .......

No ........"

Sec. 15. [211C.14] [ELECTION RESULTS; REMOVAL.]

Subdivision 1. [REMOVAL FROM OFFICE.] If a majority of the votes cast in the recall election favor the removal of the state officer, the state officer is removed from office and the office becomes vacant upon certification of the results of a recount required under subdivision 2.

Subd. 2. [AUTOMATIC RECOUNT.] If the difference between the number of votes in favor of recall of the state officer and the number against recall of the state officer is 100 or less, the canvassing board shall recount the votes. The results of the recount shall be certified by the canvassing board as soon as possible.

Sec. 16. [211C.15] [FILLING VACANCY.]

A vacancy caused by a recall election is filled as provided by law, provided that the removed officer may not be appointed to fill the vacancy.

Sec. 17. [211C.16] [RULEMAKING.]

The secretary of state shall adopt rules as follows:

(1) to determine the format of the petition form and a method for verifying that the minimum required number of eligible voters signed the petition; and

(2) to determine the format of the recall ballot.

Sec. 18. [EFFECTIVE DATE.]

Article 2, sections 1 to 17, are effective upon ratification of the constitutional amendment in article 1."

Amend the title as follows:

Page 1, line 3, delete "section 5" and insert "by adding a section"

Page 1, line 4, after "officers" insert "; amending Minnesota Statutes 1994, section 200.01; proposing coding for new law as Minnesota Statutes, chapter 211C"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1648, A bill for an act relating to civil actions; enacting uniform correction or clarification of defamation act; proposing coding for new law as Minnesota Statutes, chapter 553A.

Reported the same back with the following amendments:

Page 2, line 1, delete "to all" and insert "only to" and after "publications" insert "of the public news media"

Page 2, after line 3, insert:

""Public news media" means a person employed by and authorized to represent any television station licensed by the Federal Communications Commission, and radio station licensed by the Federal Communications Commission, national wire service, or any newspaper or periodical with a public distribution."

Page 6, after line 35, insert:

"Sec. 11. [611A.78] [CIVIL DAMAGES FOR BIAS OFFENSES.]

Subdivision 1. [DEFINITION.] For purposes of this section, "bias offense" means conduct that would constitute a crime and was committed because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363.01, age, or national origin.

Subd. 2. [CAUSE OF ACTION; DAMAGES AND FEES; INJUNCTION.] A person who is damaged by a bias offense has a civil cause of action against the person who committed the offense. The plaintiff is entitled to recover:

(1) the greater of $500 or actual general and special damages, including damages for emotional distress;

(2) punitive damages; and

(3) reasonable costs and attorney's fees.

A plaintiff also may obtain an injunction or other appropriate relief.

Subd. 3. [RELATION TO CRIMINAL PROCEEDING; BURDEN OF PROOF.] A person may bring an action under this section regardless of the existence or outcome of criminal proceedings involving the bias offense that is the basis for the action. The burden of proof in an action under this section is preponderance of the evidence.

Subd. 4. [PARENTAL LIABILITY.] Section 540.18 applies to actions under this section, except that:

(1) the parent or guardian is liable for all types of damages awarded under this section in an amount not exceeding $5,000; and

(2) the parent or guardian is not liable if the parent or guardian made reasonable efforts to exercise control over the minor's behavior.

Subd. 5. [OTHER RIGHTS PRESERVED.] The remedies under this section do not affect any rights or remedies of the plaintiff under other law."

Page 7, line 4, delete "11" and insert "12" and delete "1995" and insert "1996"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "providing for actions for bias offenses; proposing coding for new law in Minnesota Statutes, chapter 611A;"

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. 1918, A bill for an act relating to civil actions; providing limits on liability of certain private corrections treatment facilities that receive patients under court or administrative order; proposing coding for new law in Minnesota Statutes, chapter 604A.

Reported the same back with the following amendments:

Page 1, after line 7, insert:

"Section 1. Minnesota Statutes 1994, section 121.8355, subdivision 1, is amended to read:

Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as a family services collaborative, a minimum of one school district, one county, and one public health entity must agree in writing to provide coordinated family services and commit resources to an integrated fund. Collaboratives are expected to have broad community representation, which may include other local providers, including additional school districts, counties, and public health entities, other municipalities, public libraries, existing culturally specific community organizations, tribal entities, local health organizations, private and nonprofit service providers, child care providers, local foundations, community-based service groups, businesses, local transit authorities or other transportation providers, community action agencies under section 268.53, senior citizen volunteer organizations, parent organizations, parents, and sectarian organizations that provide nonsectarian services.

(b) Community-based collaboratives composed of representatives of schools, local businesses, local units of government, parents, students, clergy, health and social services providers, youth service organizations, and existing culturally specific community organizations may plan and develop services for children and youth. A community-based collaborative must agree to collaborate with county, school district, and public health entities. Their services may include opportunities for children or youth to improve child health and development, reduce barriers to adequate school performance, improve family functioning, provide community service, enhance self esteem, and develop general employment skills.

(c) Members of the governing bodies of political subdivisions involved in the establishment of a family services collaborative shall select representatives of the nongovernmental entities listed in paragraph (a) to serve on a joint board established under section 471.59, subdivision 11. The governing body members shall determine the number of representatives of the nongovernmental entities.

Sec. 2. Minnesota Statutes 1994, section 121.8355, is amended by adding a subdivision to read:

Subd. 2a. [DUTIES OF CERTAIN COORDINATING BODIES.] By mutual agreement of the collaborative and a coordinating body listed in this subdivision, a family services collaborative may assume the duties of a community transition interagency committee established under section 120.17, subdivision 16; an interagency early intervention committee established under section 120.1701, subdivision 5; a local children's advisory council established under section 245.4875, subdivision 5; or a local coordinating council established under section 245.4875, subdivision 6.

Sec. 3. Minnesota Statutes 1994, section 466.01, subdivision 1, is amended to read:

Subdivision 1. [MUNICIPALITY.] For the purposes of sections 466.01 to 466.15, "municipality" means any city, whether organized under home rule charter or otherwise, any county, town, public authority, public corporation, special district, school district, however organized, county agricultural society organized pursuant to chapter 38, joint powers board or organization created under section 471.59 or other statute, public library, regional public library system, multicounty multitype library system, family services collaborative established under section 121.8355, other political subdivision, or community action agency.

Sec. 4. Minnesota Statutes 1994, section 471.59, subdivision 11, is amended to read:

Subd. 11. [JOINT POWERS BOARD.] (a) Two or more governmental units, through action of their governing bodies, by adoption of a joint powers agreement that complies with the provisions of subdivisions 1 to 5, may establish a joint board to issue bonds or obligations pursuant to under any law by which any of the governmental units establishing the joint board may independently issue bonds or obligations and may use the proceeds of the bonds or obligations to carry out the purposes of the law under which the bonds or obligations are issued. A joint board created pursuant to established under this section may issue obligations and other forms of indebtedness only pursuant to in accordance with express authority granted by the action of the governing bodies of the governmental units which that established the joint board. Except as provided in paragraph (b), the joint board established pursuant to under this subdivision shall must be composed solely of members of the governing bodies of the governmental unit which that established the joint board, and the. A joint board established under this subdivision may not pledge the full faith and credit or taxing power of any of the governmental units which that established the joint board. The obligations or other forms of indebtedness shall must be obligations of the joint board issued on behalf of the governmental units creating the joint board. The obligations or other forms of indebtedness shall must be issued in the same manner and subject to the same conditions and limitations which that would apply if the obligations were

issued or indebtedness incurred by one of the governmental units which that established the joint board, provided that any reference to a governmental unit in the statute, law, or charter provision authorizing the issuance of the bonds or the incurring of the indebtedness shall be is considered a reference to the joint board.

(b) Notwithstanding paragraph (a), two or more governmental units may establish a joint board to establish and govern a family services collaborative under section 121.8355. The membership of a board established under this paragraph, in addition to members of the governing bodies of the participating units, must include the representation required by section 121.8355, subdivision 1, paragraph (a), selected in accordance with section 121.8355, subdivision 1, paragraph (c)."

Page 1, line 21, after the period, insert "This section does not apply if the conduct of a facility was intentional or grossly negligent."

Page 1, line 23, delete "Section 1" and insert "Section 5" and delete "1995" and insert "1996"

Renumber the sections in sequence

Delete the title and insert:

"A bill for an act regulating certain service providers; providing for the organization and operation of family services collaboratives; providing limits on liability of certain private corrections treatment facilities that receive patients under court or administrative order; amending Minnesota Statutes 1994, sections 121.8355, subdivision 1, and by adding a subdivision; 466.01, subdivision 1; and 471.59, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 604A."

With the recommendation that when so amended the bill pass.

The report was adopted.

Kalis from the Committee on Capital Investment to which was referred:

H. F. No. 2058, A bill for an act relating to education; authorizing the sale of general obligation bonds in the form of college savings bonds; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2069, A bill for an act relating to human services; requiring notification of placement or adoption of a child to the other birth parent; requiring background checks for adoption; requiring affidavits for an emergency order requiring updates to adoption study; defining content of postplacement assessment and report; permitting court-ordered grandparent visitation with an adopted child; recognition of adoption which occurred in a foreign country; defining when adoption records shall become public records; amending Minnesota Statutes 1994, sections 245A.04, subdivision 10; 257.022, by adding a subdivision; 259.20, subdivision 2; 259.22, subdivision 4; 259.24, subdivision 2a; 259.41; 259.47, subdivisions 3, 6, 7, 8, and 10; 259.53, subdivision 2; 259.55, subdivision 1; 259.59, subdivision 1; 259.67, subdivision 7; 259.79, subdivision 3; 259.83, subdivision 3; and 259.89, subdivisions 1, 5, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 259; repealing Minnesota Statutes 1994, section 259.47, subdivision 9.

Reported the same back with the following amendments:

Page 7, line 11, delete "are" and insert "is" and delete "have" and insert "has"

Page 7, line 13, delete "abuse" and insert "maltreatment"

Page 11, line 17, delete "(b)" and insert "(c)"

Page 17, line 21, reinstate the stricken language and delete the new language

Page 17, line 22, delete the new language and insert "and section 257.022, subdivision 3a"

With the recommendation that when so amended the bill pass.

The report was adopted.

Rest from the Committee on Taxes to which was referred:

H. F. No. 2156, A bill for an act relating to education; prekindergarten through grade 12; providing for general education; transportation; special programs; community education; facilities; organization and cooperation; education excellence; other education programs and financing; education policy provisions; libraries; state agencies; technology; conforming amendments; budget reserve and cost management; appropriating money; amending Minnesota Statutes 1994, sections 120.06, subdivision 1; 120.08, subdivision 3; 120.101, by adding a subdivision; 120.17, subdivision 9; 120.1701, subdivision 10; 120.73, subdivision 1; 121.11, subdivision 15; 121.8355, subdivision 1; 121.906; 121.914, subdivision 1; 121.915; 122.32, subdivision 1; 122.535, subdivision 6; 122.895, subdivision 2; 123.35, subdivision 19a; 123.351, subdivision 10; 123.3514, subdivision 9; 123.37, subdivision 1a; 123.38, subdivisions 2 and 2b; 123.932, subdivisions 1b, 1c, 1e, and 11; 123.933, as amended; 123.935, subdivisions 2 and 7; 123.951; 124.09; 124.155, subdivision 1; 124.17, subdivision 1e, and by adding subdivisions; 124.19, subdivision 1; 124.195, subdivision 8; 124.239, subdivision 5, and by adding subdivisions; 124.2711, subdivision 6; 124.2713, subdivision 10; 124.273, by adding subdivisions; 124.311, subdivisions 2, 3, 5, and 7; 124.48, subdivision 3; 124.573, subdivisions 2e, 2f, and 3; 124.86, subdivision 1; 124.91, subdivision 1, and by adding a subdivision; 124.912, subdivision 6; 124.916, subdivision 4; 124A.02, subdivision 25; 124A.029, subdivision 4; 124A.03, subdivisions 2b, 3b, and by adding a subdivision; 124A.0311, subdivision 3; 124A.035, subdivision 4; 124A.036, by adding a subdivision; 124A.22, by adding a subdivision; 124A.26, subdivision 1; 125.05, subdivision 1a, and by adding a subdivision; 125.09, subdivision 4; 125.1385, subdivision 1; 125.185, subdivision 4; 125.60, subdivision 2; 125.611, subdivision 1; 126.151, subdivision 2; 127.29, subdivision 2; 134.34, by adding a subdivision; 136D.23, subdivision 1; 136D.83, subdivision 1; 144.4165; 169.4504, by adding a subdivision; and 256.736, subdivision 11; Minnesota Statutes 1995 Supplement, sections 13.46, subdivision 2; 43A.316, subdivision 2; 65B.132; 120.064, subdivisions 3 and 9; 120.1045; 120.17, subdivisions 3a, 3b, and 6; 120.1701, subdivision 20; 120.181; 120.74, subdivision 1; 121.11, subdivision 7c; 121.15, subdivision 1; 121.904, subdivisions 4a and 4c; 121.911, subdivision 5; 121.917, subdivision 4; 121.935, subdivision 1a; 123.3514, subdivisions 6 and 6b; 124.155, subdivision 2; 124.17, subdivisions 1 and 1d; 124.195, subdivision 12; 124.2131, subdivision 1; 124.223, subdivision 4; 124.225, subdivisions 8l, 14, 16, and 17; 124.227; 124.243, subdivision 2; 124.2445; 124.2455; 124.248, subdivisions 1, 1a, 2, and 3; 124.273, subdivisions 1c and 1d; 124.314, subdivision 2; 124.32, subdivision 12; 124.3201, subdivisions 1, 2, 3, and by adding subdivisions; 124.3202; 124.323, subdivisions 1 and 2; 124.574, subdivisions 2f and 2g; 124.71, subdivision 2; 124.912, subdivision 1; 124.961; 124A.0311, subdivision 2; 124A.22, subdivisions 2a, 10, and 13b; 124A.23, subdivision 4; 124C.74, subdivisions 2 and 3; 125.05, subdivision 1; 126.12, subdivision 2; 126.151, subdivision 1; 126.22, subdivisions 2 and 5; 126.70, subdivision 1; 134.46; 169.01, subdivision 6; 237.065; and 631.40, subdivision 1a; Laws 1993, chapter 224, article 1, section 34; article 12, sections 32, as amended; 39, as amended; and 41, as amended; Laws 1995, First Special Session chapter 3, article 1, sections 61; and 63; article 3, section 19, subdivision 15; article 4, section 29, subdivision 5; article 5, section 20, subdivisions 5 and 6; article 6, section 17, subdivisions 2, 4, and by adding subdivisions; article 8, sections 25, subdivision 2; and 27; article 11, sections 21, subdivision 2; 22; and 23; article 12, sections 8, subdivision 1; and 12, subdivision 7; article 14, section 5; and article 15, section 26, subdivisions 7 and 10; proposing coding for new law in Minnesota Statutes, chapters 120; 121; 123; 124; 124A; 124C; 125; and 136D; repealing Minnesota Statutes 1994, sections 124A.03, subdivision 3b; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; and 136D.75; Minnesota Statutes 1995 Supplement, sections 120.1045, subdivision 3; 124B.01; 124B.03; and 124B.20, subdivision 1; Minnesota Rules, parts 8700.7700; 8700.7710; 8750.9000; 8750.9100; 8750.9200; 8750.9300; 8750.9400; 8750.9500; 8750.9600; and 8750.9700.

Reported the same back with the following amendments:

Pages 13 to 15, delete section 13

Page 16, line 23, delete "intends to" and insert "will"

Page 16, line 24, delete "are intended to" and insert "will"

Page 27, line 22, delete "18" and insert "17"

Page 27, line 25, delete "16, 18, 21, 28, 30, and 31" and insert "15, 17, 20, 27, 29, and 30"

Page 27, delete lines 27 and 28

Page 27, line 29, delete "27" and insert "26"

Page 27, line 31, delete "32" and insert "31"

Page 27, line 33, delete "33" and insert "32"

Renumber the sections in article 1 in sequence

Amend the title as follows:

Page 2, line 7, delete "124.2131, subdivision 1;"

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

The report was adopted.

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

H. F. No. 2194, A bill for an act relating to the environment; providing for an environmental permitting project; amending Minnesota Statutes 1994, sections 115.03, subdivisions 1 and 2; 115.04; 115.071, subdivisions 1, 2, 3, 4, and 5; 115.072; 115.075; 115.076, subdivision 1; 116.07, subdivision 9; and 116.091, subdivisions 1 and 3; Minnesota Statutes 1995 Supplement, section 116.072, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 114C.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [114C.01] [POLICY.]

The legislature recognizes that Minnesota's existing environmental laws play a critical role in protecting the environment. However, the legislature finds that environmental protection could be further enhanced by authorizing innovative advances in environmental regulatory methods. It is the policy of the legislature that Minnesota should develop environmental regulatory methods that:

(1) encourage facility owners and operators to assess the pollution they emit or cause, directly and indirectly, to the air, water, and land;

(2) encourage facility owners and operators to innovate, set measurable and verifiable goals, and implement the most effective pollution prevention, source reduction, or other pollution reduction strategies for their particular facilities, while complying with verifiable and enforceable pollution limits;

(3) encourage superior environmental performance and continuous improvement toward sustainable levels of resource usage and minimization of pollution discharges;

(4) reward facility owners and operators that reduce pollution to levels below what is required by applicable law;

(5) consolidate into one permit environmental requirements that are currently included in different permits, sometimes issued by different state or local agencies;

(6) reduce the time and money spent by agencies and facility owners and operators on paperwork and other administrative tasks that do not benefit the environment;

(7) increase public participation and encourage stakeholder consensus in the development of innovative environmental regulatory methods and in monitoring the environmental performance of projects under this chapter;

(8) encourage groups of facilities and communities to work together to reduce pollution to levels below what is required by applicable law;

(9) provide reasonable technical assistance to facilitate meaningful stakeholder participation; and

(10) increase levels of trust and communication among agencies, regulated parties, and the public.

Sec. 2. [114C.02] [DEFINITIONS.]

Subdivision 1. [SCOPE.] For the purposes of this chapter, the definitions in this section have the meanings given them.

Subd. 2. [POLLUTION PREVENTION.] "Pollution prevention" has the meaning given in section 115D.03.

Subd. 3. [SOURCE REDUCTION.] "Source reduction" has the meaning given in section 115A.03.

Subd. 4. [STAKEHOLDERS.] "Stakeholders" means citizens in the communities near the project site, facility workers, government representatives, business groups, educational groups, environmental groups, other public interest groups, other similar entities, or any Minnesota citizen indicating a particular interest in the proposed project.

Subd. 5. [STATE OR LOCAL AGENCY.] "State or local agency" means any agency, department, board, bureau, office, or other instrumentality of the state, any political subdivision of the state, any public corporation, any municipality, and any other local unit of government.

Sec. 3. [114C.10] [ESTABLISHMENT OF MINNESOTA XL PERMIT PROJECT.]

Subdivision 1. [PROJECT.] The pollution control agency is authorized to establish and implement a permit project under sections 114C.10 to 114C.14. The purpose of the project is to work toward the policy goals listed in section 114C.01 by issuing and studying the effect of permits that require permittees to reduce overall levels of pollution below what is required by applicable law, but which grant greater operational flexibility than current law would otherwise allow. Permits issued under this project shall be called Minnesota XL permits.

Subd. 2. [REPORT TO LEGISLATURE.] By January 15, 1998, the commissioner of the pollution control agency shall report to the legislature on implementation of the project, the environmental results of the project, and recommendations for future legislation to further the policy of this chapter.

Sec. 4. [114C.11] [MINNESOTA XL PERMITS.]

Subdivision 1. [PARTICIPATION IN PROJECT.] (a) The commissioner of the pollution control agency may solicit requests for participation and shall select the participants in the project based on the policy set forth in section 114C.01 and to satisfy the criteria of subdivisions 2 and 3. In addition, the commissioner shall select participants that collectively represent a variety of facility types and projects that are expected to reduce air, water, and land pollution. A power generation facility may not be selected to participate in the project or be issued a Minnesota XL permit unless its proposal includes a plan for significantly reducing mercury emissions.

(b) The prospective permittees must be regulated by the agency under chapter 115, 116, or both, and voluntarily submit a proposal for a Minnesota XL permit. The proposal must address the major pollution impacts from the facility or facilities included in the proposal.

(c) If, in the course of preparing a Minnesota XL permit for a prospective permittee, the commissioner concludes that the Minnesota XL permit will not sufficiently promote the policy of section 114C.01 or meet the issuance criteria in this section, the commissioner may remove the prospective permittee from the project. In that event, the commissioner shall provide the prospective permittee with a reasonable amount of time to obtain alternative permits made necessary by removal from the project.

Subd. 2. [MINIMUM CRITERIA FOR MINNESOTA XL PERMIT ISSUANCE.] The pollution control agency may issue and amend a Minnesota XL permit if the agency finds that the following minimum criteria are met:

(1) the permit will facilitate pollution prevention and source reduction activities by the facility and result in significantly lower overall levels of pollution from the facility, its customers, or suppliers than would otherwise be required by applicable laws, without: (i) increasing any negative impact on the environment, the local community, or worker health and safety; or (ii) transferring pollution impacts into the product;

(2) the pollution prevention, source reduction, or other pollution reduction goals are verifiable;

(3) the pollution limits contained in the permit are verifiable and enforceable;

(4) the stakeholder group has been involved through a decision-making process that seeks consensus in the design of the permit and will have the opportunity for continued involvement in the implementation and evaluation of it;

(5) the permittee agrees to make available information that it gives the agency about the XL project, except information that is nonpublic under chapter 13 or confidential under section 116.075, to the stakeholder group in a format that is easily understood;

(6) the permittee agrees to provide an assessment of the success of the project in reducing the time and money spent at the facility on paperwork and other administrative tasks that do not directly benefit the environment;

(7) the permittee, the pollution control agency, and other state and local agencies are likely to expend less time and resources over the long term to administer the Minnesota XL permit than other types of permits; and

(8) the project is not inconsistent with the federal government's Project XL guidance or any federal laws governing the Project XL program.

Subd. 3. [ADDITIONAL CRITERIA.] In addition to the minimum criteria in subdivision 2, the commissioner in selecting participants and the agency in issuing or amending a Minnesota XL permit, must find that the permit meets one or more of the following criteria:

(1) the permit allows the facility owner or operator as much operational flexibility as can be reasonably provided consistent with the need to achieve the anticipated pollution reduction and ensure the verifiability and enforceability of the permit's pollution limits;

(2) the permit provides facility-wide pollution limits where practical, verifiable, and enforceable;

(3) the permit regulates air, water, and land pollution effects, direct and indirect;

(4) the permit encourages pollution prevention or source reduction;

(5) the permit encourages innovation in the design, production, distribution, use, reuse, recycling, or disposal of a product such that air, water, and land pollution impacts are minimized over the life cycle of a product;

(6) the permit reduces the emission of nontoxic pollutants regulated under applicable law;

(7) the permit reduces indoor chemical exposure, water use, or energy use;

(8) the permit minimizes transfer, direct and indirect, of pollution between the air, water, and land;

(9) the regulatory techniques employed in the permit have potential application to other permittees;

(10) the permittee agrees to measure and demonstrate the success of the Minnesota XL permit in addition to the assessment in subdivision 2, clause (6), such as tracking pollution prevention incentives and initiatives or using surveys to measure any attitudinal changes by facility personnel or the public;

(11) the permit is multiagency, under subdivision 4.

Subd. 4. [MULTIAGENCY MINNESOTA XL PERMITS.] The pollution control agency may include or vary in a Minnesota XL permit the related requirements of other state or local agencies, if the pollution control agency, the prospective permittee, and the other state or local agency find that it is reasonable to do so. Notwithstanding conflicting procedural requirements, the other agencies may exercise their related permitting, licensing, or other approval responsibilities by including their requirements in the Minnesota XL permit. The pollution control agency may not include or vary the related requirements of other state or local agencies in a Minnesota XL permit unless the other agencies agree to sign the permit. The Minnesota XL permit shall identify any requirement, the source of which is not the pollution control agency, and identify the source agency. The commissioner of the pollution control agency and the other agencies may agree to share inspection or other responsibilities related to the Minnesota XL permit. For purposes of this subdivision, requirements are related if they have a direct or indirect bearing on environmental protection or indoor chemical exposure.

Subd. 5. [ENVIRONMENTAL POLICY ACT.] Sections 114C.10 to 114C.14 do not supersede the requirements of chapter 116D and the rules adopted under it.

Subd. 6. [PLANS AND PROGRESS REPORTS UNDER CHAPTERS 115D AND 115E.] A permittee complies with the plan content and timing requirements of sections 115D.07, 115E.04, and 115E.045 if the Minnesota XL permit requires the permittee to include in an overall environmental management plan satisfactory alternative information. A permittee complies with the progress report content and timing requirements of section 115D.08 if the Minnesota XL permit requires the permittee to include in its overall reporting requirements satisfactory alternative information, and specifies a schedule for submitting the information.

Sec. 5. [114C.12] [ISSUANCE, AMENDMENT, AND REVOCATION PROCEDURE.]

Subdivision 1. [STAKEHOLDER GROUP.] The commissioner of the pollution control agency shall:

(1) ensure that the stakeholder group for each Minnesota XL permit includes members that represent the diversity of types of stakeholders and that emphasizes participation by members from the local community but does not exclude other stakeholders;

(2) ensure that a decision-making process that seeks consensus is in place; and

(3) ensure that reasonable technical assistance is provided to facilitate stakeholder understanding of the design, implementation, and evaluation of each Minnesota XL permit.

Subd. 2. [UNIFIED PERMIT ACTION AND VARIANCE PROCEDURE.] (a) The pollution control agency may issue, amend, or revoke Minnesota XL permits using the single permit and variance procedure in subdivision 4, notwithstanding conflicting state or local procedural requirements.

(b) If a Minnesota XL permit includes variances from applicable state rules, local ordinances, or local regulations, the issuance or amendment of the permit constitutes adoption of a variance to such state rules, local ordinances, or local regulations if the Minnesota XL permit identifies, in general terms, any state rules, local ordinances, or local regulations being varied.

(c) Pursuant to section 114C.11, subdivision 4, the agency may not issue a permit that varies the requirements of other state or local agencies unless those agencies agree to sign the permit.

Subd. 3. [VARIANCE STANDARDS.] Although subdivision 2 establishes the procedure for granting variances in a Minnesota XL permit, the agency, in deciding whether to grant a variance must apply the substantive standards for granting a variance applicable to the state rule, local ordinance, or local regulation being varied or find that the variance either:

(1) promotes reduction in overall levels of pollution beyond what is required by applicable law, consistent with the purposes of this chapter; or

(2) reduces the administrative burden on state or local agencies or the permittee, provided that alternative monitoring, testing, notification, recordkeeping, or reporting requirements will provide the information needed by the state or local agency to ensure compliance.

Subd. 4. [PROCEDURE.] (a) The pollution control agency must provide at least 30 days for public comment on the agency's proposed issuance, amendment, or revocation of a Minnesota XL permit. Before the start of the public comment period, the commissioner of the pollution control agency must prepare a draft permit, permit amendment, or notice of permit revocation and a fact sheet that:

(1) briefly describes the principal facts and the significant factual, legal, methodological, and policy questions considered by the commissioner and the commissioner's proposed determination;

(2) briefly describes how the permit action proposed by the commissioner meets the criteria of section 114C.11 and furthers the policy of section 114C.01; and

(3) identifies any rules that would be varied by the commissioner's proposed permit action.

(b) The commissioner shall prepare a public notice of the proposed permit action that:

(1) briefly describes the facility or activity that is the subject of the proposed permit action;

(2) states the commissioner's proposed permit action and whether it includes a variance of any state rules, local ordinances, or local regulations;

(3) identifies an agency person to contact for additional information;

(4) states that the draft permit, permit amendment, or notice of revocation and the fact sheet are available upon request;

(5) states that comments may be submitted to the agency by the public during the comment period; and

(6) describes the procedures that the agency will use to make a final decision, including how persons may request public informational meetings, contested case hearings, and appearances at public meetings of the agency. The agency or the commissioner may order a public informational meeting if the comments received during the comment period demonstrate considerable public interest in the proposed permit action.

(c) The commissioner shall mail the public notice to the applicant, all persons who have registered with the agency to receive notice of permit actions, and to any interested person upon request. The commissioner shall make a copy of the public notice available at the agency's main office and the applicable regional office. The commissioner shall circulate the public notice in the geographic area of the facility or activity subject to the proposed permit action, either by posting in public buildings, by publication in local newspapers or periodicals, by publication in the State Register, or by an alternate method deemed by the commissioner to be more effective such as an electronic bulletin board or mail service.

(d) The commissioner shall have the discretion to issue, amend, or revoke a Minnesota XL permit if:

(1) the commissioner has included in the public notice information notifying persons of their right to request that the decision to issue, amend, or revoke the Minnesota XL permit be presented to the agency; and

(2) neither the permit applicant, a member of the stakeholders group, or any other person commenting on the proposed issuance, amendment, or revocation of the Minnesota XL permit has requested, during the comment period, that the decision be made by the agency or requested a contested case hearing.

If the conditions in clauses (1) and (2) have not been met, or if, prior to the commissioner's decision, one or more members of the agency request that the decision to issue, amend, or revoke the Minnesota XL permit be made by the agency, then the agency shall have the sole authority to make that decision.

Subd. 5. [PERMIT REVOCATION.] (a) The pollution control agency may revoke a Minnesota XL permit if requested by the permittee or if the agency finds that:

(1) the permittee is in significant noncompliance with the Minnesota XL permit or with applicable law;

(2) the permittee is not able, or has shown a lack of willingness, to comply with future pollution reduction deadlines in the Minnesota XL permit;

(3) the permitted facility or activity endangers human health or the environment and the danger cannot be removed by an amendment to the Minnesota XL permit; or

(4) after proper notification and a reasonable amount of time has passed, the permittee has not satisfactorily addressed a substantive issue raised by a majority of members of the stakeholders group.

(b) If the agency revokes a Minnesota XL permit, it shall in its revocation order:

(1) delay any compliance deadlines that had been varied by the Minnesota XL permit if the agency finds it necessary to provide the permittee a reasonable amount of time to obtain alternative permits under chapters other than this chapter and under local ordinances and regulations, and to achieve compliance; and

(2) establish practical interim requirements to replace the requirements of the Minnesota XL permit that the agency finds the permittee will not be able to comply with between the time of permit revocation and issuance of the alternative permits, provided that such interim requirements shall not allow pollution from the facility in excess of that allowed by applicable law at the time the permit was issued.

(c) The permittee shall comply with the agency's order and with all requirements of the Minnesota XL permit for which alternative interim requirements have not been established in the agency's order, until the applicable alternative permits have been issued.

Sec. 6. [114C.13] [FEES.]

Minnesota XL permittees shall continue to be subject to the same fee structures they would have been subject to if they had obtained the permits that the Minnesota XL permit replaces.

Sec. 7. [114C.14] [ENFORCEMENT AND JUDICIAL REVIEW.]

Subdivision 1. [ENFORCEMENT.] A Minnesota XL permit may be enforced in any manner provided by law for the enforcement of permits issued under chapter 115 or 116, except for requirements of other state or local agencies that are included in the permit and except that the defense in section 609.671, subdivision 14, also applies to any misdemeanor action taken under section 115.071, subdivision 2, paragraph (a). Requirements of other state or local agencies may be enforced using whatever authorities would be available if the requirements had been included in permits, licenses, or other approvals issued directly by the other agencies. The other agencies shall consult with the commissioner of the pollution control agency prior to taking any action enforcing a Minnesota XL permit.

Subd. 2. [JUDICIAL REVIEW.] Any person aggrieved by a final decision of the pollution control agency to issue, amend, or revoke a Minnesota XL permit may obtain judicial review pursuant to sections 14.63 to 14.69.

Sec. 8. [114C.15] [VARIANCES THAT PROMOTE POLLUTION REDUCTIONS OR REDUCE UNNECESSARY ADMINISTRATIVE BURDEN.]

In addition to the grounds for granting a variance set forth in section 116.07, subdivision 5, the pollution control agency may grant variances from its rules in order to:

(1) promote reduction in overall levels of pollution beyond what is required by applicable law, consistent with the purposes of this chapter; or

(2) reduce the administrative burden on the agency or the permittee, provided that alternative monitoring, testing, notification, recordkeeping, or reporting requirements will provide the information needed by the agency to ensure compliance.

Sec. 9. Minnesota Statutes 1994, section 115.03, subdivision 1, is amended to read:

Subdivision 1. [GENERALLY.] The agency is hereby given and charged with the following powers and duties:

(a) To administer and enforce all laws relating to the pollution of any of the waters of the state;

(b) To investigate the extent, character, and effect of the pollution of the waters of this state and to gather data and information necessary or desirable in the administration or enforcement of pollution laws, and to make such classification of the waters of the state as it may deem advisable;

(c) To establish and alter such reasonable pollution standards for any waters of the state in relation to the public use to which they are or may be put as it shall deem necessary for the purposes of this chapter and, with respect to the pollution of waters of the state, chapter 116;

(d) To encourage waste treatment, including advanced waste treatment, instead of stream low-flow augmentation for dilution purposes to control and prevent pollution;

(e) To adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable orders, permits, variances, standards, rules, schedules of compliance, and stipulation agreements, under such conditions as it may prescribe, in order to prevent, control or abate water pollution, or for the installation or operation of disposal systems or parts thereof, or for other equipment and facilities;

(1) Requiring the discontinuance of the discharge of sewage, industrial waste or other wastes into any waters of the state resulting in pollution in excess of the applicable pollution standard established under this chapter;

(2) Prohibiting or directing the abatement of any discharge of sewage, industrial waste, or other wastes, into any waters of the state or the deposit thereof or the discharge into any municipal disposal system where the same is likely to get into any waters of the state in violation of this chapter and, with respect to the pollution of waters of the state, chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and specifying the schedule of compliance within which such prohibition or abatement must be accomplished;

(3) Prohibiting the storage of any liquid or solid substance or other pollutant in a manner which does not reasonably assure proper retention against entry into any waters of the state that would be likely to pollute any waters of the state;

(4) Requiring the construction, installation, maintenance, and operation by any person of any disposal system or any part thereof, or other equipment and facilities, or the reconstruction, alteration, or enlargement of its existing disposal system or any part thereof, or the adoption of other remedial measures to prevent, control or abate any discharge or deposit of sewage, industrial waste or other wastes by any person;

(5) Establishing, and from time to time revising, standards of performance for new sources taking into consideration, among other things, classes, types, sizes, and categories of sources, processes, pollution control technology, cost of achieving such effluent reduction, and any nonwater quality environmental impact and energy requirements. Said standards of performance for new sources shall encompass those standards for the control of the discharge of pollutants which reflect the greatest degree of effluent reduction which the agency determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. New sources shall encompass buildings, structures, facilities, or installations from which there is or may be the discharge of pollutants, the construction of which is commenced after the publication by the agency of proposed rules prescribing a standard of performance which will be applicable to such source. Notwithstanding any other provision of the law of this state, any point source the construction of which is commenced after May 20, 1973, and which is so constructed as to meet all applicable standards of performance for new sources shall, consistent with and subject to the provisions of section 306(d) of the Amendments of 1972 to the Federal Water Pollution Control Act, not be subject to any more stringent standard of performance for new sources during a ten-year period beginning on the date of completion of such construction or during the period of depreciation or amortization of such facility for the purposes of section 167 or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period ends first. Construction shall encompass any placement, assembly, or installation of facilities or equipment, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises;

(6) Establishing and revising pretreatment standards to prevent or abate the discharge of any pollutant into any publicly owned disposal system, which pollutant interferes with, passes through, or otherwise is incompatible with such disposal system;

(7) Requiring the owner or operator of any disposal system or any point source to establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, including where appropriate biological monitoring methods, sample such effluents in accordance with such methods, at such locations, at such intervals, and in such a manner as the agency shall prescribe, and providing such other information as the agency may reasonably require;

(8) Notwithstanding any other provision of this chapter, and with respect to the pollution of waters of the state, chapter 116, requiring the achievement of more stringent limitations than otherwise imposed by effluent limitations in order to meet any applicable water quality standard by establishing new effluent limitations, based upon section 115.01, subdivision 13, clause (b), including alternative effluent control strategies for any point source or group of point sources to insure the integrity of water quality classifications, whenever the agency determines that discharges of pollutants from such point source or sources, with the application of effluent limitations required to comply with any standard of best available technology, would interfere with the attainment or maintenance of the water quality classification in a specific portion of the waters of the state. Prior to establishment of any such effluent limitation, the agency shall hold a public hearing to determine the relationship of the economic and social costs of achieving such limitation or limitations, including any economic or social dislocation in the affected community or communities, to the social and economic benefits to be obtained and to determine whether or not such effluent limitation can be implemented with available technology or other alternative control strategies. If a person affected by such limitation demonstrates at such hearing that, whether or not such technology or other alternative control strategies are available, there is no reasonable relationship between the economic and social costs and the benefits to be obtained, such limitation shall not become effective and shall be adjusted as it applies to such person;

(9) Modifying, in its discretion, any requirement or limitation based upon best available technology with respect to any point source for which a permit application is filed after July 1, 1977, upon a showing by the owner or operator of such point source satisfactory to the agency that such modified requirements will represent the maximum use of technology within the economic capability of the owner or operator and will result in reasonable further progress toward the elimination of the discharge of pollutants; and

(10) Requiring that applicants for wastewater discharge permits evaluate in their applications the potential reuses of the discharged wastewater;

(f) To require to be submitted and to approve plans and specifications for disposal systems or point sources, or any part thereof and to inspect the construction thereof for compliance with the approved plans and specifications thereof;

(g) To prescribe and alter rules, not inconsistent with law, for the conduct of the agency and other matters within the scope of the powers granted to and imposed upon it by this chapter and, with respect to pollution of waters of the state, in chapter 116, provided that every rule affecting any other department or agency of the state or any person other than a member or employee of the agency shall be filed with the secretary of state;

(h) To conduct such investigations, issue such notices, public and otherwise, and hold such hearings as are necessary or which it may deem advisable for the discharge of its duties under this chapter and, with respect to the pollution of waters of the state, under chapter 116, including, but not limited to, the issuance of permits, and to authorize any member, employee, or agent appointed by it to conduct such investigations or, issue such notices and hold such hearings;

(i) For the purpose of water pollution control planning by the state and pursuant to the Federal Water Pollution Control Act, as amended, to establish and revise planning areas, adopt plans and programs and continuing planning processes, including, but not limited to, basin plans and areawide waste treatment management plans, and to provide for the implementation of any such plans by means of, including, but not limited to, standards, plan elements, procedures for revision, intergovernmental cooperation, residual treatment process waste controls, and needs inventory and ranking for construction of disposal systems;

(j) To train water pollution control personnel, and charge such fees therefor as are necessary to cover the agency's costs. All such fees received shall be paid into the state treasury and credited to the pollution control agency training account;

(k) To impose as additional conditions in permits to publicly owned disposal systems appropriate measures to insure compliance by industrial and other users with any pretreatment standard, including, but not limited to, those related to toxic pollutants, and any system of user charges ratably as is hereby required under state law or said Federal Water Pollution Control Act, as amended, or any regulations or guidelines promulgated thereunder;

(l) To set a period not to exceed five years for the duration of any National Pollutant Discharge Elimination System permit;

(m) To require each governmental subdivision identified as a permittee for a wastewater treatment works to annually evaluate the condition of its existing system and identify future capital improvements that will be needed to attain or maintain compliance with a national pollutant discharge elimination system or state disposal system permit; and

(n) To train individual sewage treatment system personnel, including persons who design, construct, install, inspect, service, and operate individual sewage treatment systems, and charge fees as necessary to pay the agency's costs. All fees received must be paid into the state treasury and credited to the agency's training account. Money in the account is appropriated to the agency to pay expenses related to training.

The information required in clause (m) must be submitted annually to the commissioner on a form provided by the commissioner. The commissioner shall provide technical assistance if requested by the governmental subdivision.

The powers and duties given the agency in this subdivision also apply to permits issued under chapter 114C.

Sec. 10. Minnesota Statutes 1994, section 115.03, subdivision 2, is amended to read:

Subd. 2. [HEARING OR INVESTIGATION.] In any hearing or investigation conducted pursuant to this chapter and chapters 114C, 116, and 116F, any employee or agent thereto authorized by the agency, may administer oaths, examine witnesses and issue, in the name of the agency, subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing or investigation. Witnesses shall receive the same fees and mileage as in civil actions.

Sec. 11. Minnesota Statutes 1994, section 115.04, is amended to read:

115.04 [DISPOSAL SYSTEMS AND POINT SOURCES.]

Subdivision 1. [INFORMATION.] Any person operating or installing a disposal system or other point source, or portion thereof, when requested by the agency, or any member, employee or agent thereof, when authorized by it, shall furnish to it any information which that person may have or which is relevant to the subject of this chapter, chapter 114C, and, with respect to the pollution of waters of the state, of chapter 116.

Subd. 2. [EXAMINATION OF RECORDS.] The agency or any member, employee or agent thereof, when authorized by it, upon presentation of credentials, may examine and copy any books, papers, records or memoranda pertaining to the installation, maintenance, or operation or discharge, including, but not limited to, monitoring data, of disposal systems or other point sources, in accordance with the purposes of this chapter, chapter 114C, and, with respect to the pollution of waters of the state, chapter 116.

Subd. 3. [ACCESS TO PREMISES.] Whenever it shall be necessary for the purposes of this chapter, chapter 114C, and, with respect to pollution of waters of the state, chapter 116, the agency or any member, employee, or agent thereof, when authorized by it, upon presentation of credentials, may enter upon any property, public or private, for the purpose of obtaining information or examination of records or conducting surveys or investigations.

Sec. 12. Minnesota Statutes 1994, section 115.071, subdivision 1, is amended to read:

Subdivision 1. [REMEDIES AVAILABLE.] The provisions of sections 103F.701 to 103F.761, this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance, and permits adopted or issued by the agency thereunder or under any other law now in force or hereafter enacted for the prevention, control, or abatement of pollution may be enforced by any one or any combination of the following: criminal prosecution; action to recover civil penalties; injunction; action to compel performance; or other appropriate action, in accordance with the provisions of said chapters and this section.

Sec. 13. Minnesota Statutes 1994, section 115.071, subdivision 2, is amended to read:

Subd. 2. [CRIMINAL PENALTIES.] (a) [VIOLATIONS OF LAWS; ORDERS; PERMITS.] Except as provided in section 609.671, any person who willfully or negligently violates any provision of this chapter or chapter 114C or 116, or any standard, rule, variance, order, stipulation agreement, schedule of compliance or permit issued or adopted by the agency thereunder shall upon conviction be guilty of a misdemeanor.

(b) [DUTY OF LAW ENFORCEMENT OFFICIALS.] It shall be the duty of all county attorneys, sheriffs and other peace officers, and other officers having authority in the enforcement of the general criminal laws to take all action to the extent of their authority, respectively, that may be necessary or proper for the enforcement of said provisions, rules, standards, orders, stipulation agreements, variances, schedule of compliance, or permits.

Sec. 14. Minnesota Statutes 1994, section 115.071, subdivision 3, is amended to read:

Subd. 3. [CIVIL PENALTIES.] Any person who violates any provision of this chapter or chapter 114C or 116, except any provisions of chapter 116 relating to air and land pollution caused by agricultural operations which do not involve National Pollutant Discharge Elimination System permits, or of (1) any effluent standards and limitations or water quality standards, (2) any permit or term or condition thereof, (3) any National Pollutant Discharge Elimination System filing requirements, (4) any duty to permit or carry out inspection, entry or monitoring activities, or (5) any rules, stipulation agreements, variances, schedules of compliance, or orders issued by the agency, shall forfeit and pay to the state a penalty, in an amount to be determined by the court, of not more than $10,000 per day of violation except that if the violation relates to hazardous waste the person shall forfeit and pay to the state a penalty, in an amount to be determined by the court, of not more than $25,000 per day of violation.

In addition, in the discretion of the court, the defendant may be required to:

(a) forfeit and pay to the state a sum which will adequately compensate the state for the reasonable value of cleanup and other expenses directly resulting from unauthorized discharge of pollutants, whether or not accidental;

(b) forfeit and pay to the state an additional sum to constitute just compensation for any loss or destruction to wildlife, fish or other aquatic life and for other actual damages to the state caused by an unauthorized discharge of pollutants.

As a defense to any of said damages, the defendant may prove that the violation was caused solely by (1) an act of God, (2) an act of war, (3) negligence on the part of the state of Minnesota, or (4) an act or failure to act which constitutes sabotage or vandalism, or any combination of the foregoing clauses.

The civil penalties and damages provided for in this subdivision may be recovered by a civil action brought by the attorney general in the name of the state.

Sec. 15. Minnesota Statutes 1994, section 115.071, subdivision 4, is amended to read:

Subd. 4. [INJUNCTIONS.] Any violation of the provisions, rules, standards, orders, stipulation agreements, variances, schedules of compliance, or permits specified in this chapter and chapter chapters 114C and 116 shall constitute a public nuisance and may be enjoined as provided by law in an action, in the name of the state, brought by the attorney general.

Sec. 16. Minnesota Statutes 1994, section 115.071, subdivision 5, is amended to read:

Subd. 5. [ACTIONS TO COMPEL PERFORMANCE.] In any action to compel performance of an order of the agency for any purposes relating to the prevention, control or abatement of pollution under this chapter and chapter chapters 114C and 116, the court may require any defendant adjudged responsible to do and perform any and all acts and things within the defendant's power which are reasonably necessary to accomplish the purposes of the order. In case a municipality or its governing or managing body or any of its officers is a defendant, the court may require it to exercise its powers, without regard to any limitation of any requirement for an election or referendum imposed thereon by law and without restricting the powers of the agency to do any or all of the following, without limiting the generality hereof: to levy taxes, levy special assessments, prescribe service or use charges, borrow money, issue bonds, employ assistance, acquire real or personal property, let contracts or otherwise provide for the doing of work or the construction, installation, maintenance, or operation of facilities, and do all other acts and things reasonably necessary to accomplish the purposes of the order, but the court shall grant the municipality the opportunity to determine the appropriate financial alternatives to be utilized in complying with the court imposed requirements.

Sec. 17. Minnesota Statutes 1994, section 115.072, is amended to read:

115.072 [RECOVERY OF LITIGATION COSTS AND EXPENSES.]

In any action brought by the attorney general, in the name of the state, pursuant to the provisions of this chapter and chapter chapters 114C and 116, for civil penalties, injunctive relief, or in an action to compel compliance, if the state shall finally prevail, and if the proven violation was willful, the state, in addition to other penalties provided

in this chapter, may be allowed an amount determined by the court to be the reasonable value of all or a part of the litigation expenses incurred by the state. In determining the amount of such litigation expenses to be allowed, the court shall give consideration to the economic circumstances of the defendant.

Amounts recovered under the provisions of this section and section 115.071, subdivisions 3 to 5, shall be paid into the environmental fund in the state treasury to the extent provided in section 115.073.

Sec. 18. Minnesota Statutes 1994, section 115.075, is amended to read:

115.075 [INFORMATION AND MONITORING.]

A person may not:

(1) make a false material statement, representation, or certification in; omit material information from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan, manifest, or other document required under section 103F.701 or this chapter or chapter 114C, 115A, or 116; or

(2) falsify, tamper with, render inaccurate, or fail to install a monitoring device or method required to be maintained or followed for the purpose of compliance with sections 103F.701 to 103F.761 or this chapter or chapter 114C, 115A, or 116.

Sec. 19. Minnesota Statutes 1994, section 115.076, subdivision 1, is amended to read:

Subdivision 1. [AUTHORITY OF COMMISSIONER.] The agency may refuse to issue or to authorize the transfer of a hazardous waste facility permit or a solid waste facility permit to construct or operate a commercial waste facility as defined in section 115A.03, subdivision 6, if the agency determines that the permit applicant does not possess sufficient expertise and competence to operate the facility in conformance with the requirements of this chapter and chapter chapters 114C and 116, or if other circumstances exist that demonstrate that the permit applicant may not operate the facility in conformance with the requirements of this chapter and chapter chapters 114C and 116. In making this determination, the agency may consider:

(1) the experience of the permit applicant in constructing or operating commercial waste facilities;

(2) the expertise of the permit applicant;

(3) the past record of the permit applicant in operating commercial waste facilities in Minnesota and other states;

(4) any criminal convictions of the permit applicant in state or federal court during the past five years that bear on the likelihood that the permit applicant will operate the facility in conformance with the requirements of this chapter and chapter chapters 114C and 116; and

(5) in the case of a corporation or business entity, any criminal convictions in state or federal court during the past five years of any of the permit applicant's officers, partners, or facility managers that bear on the likelihood that the facility will be operated in conformance with the requirements of this chapter and chapter chapters 114C and 116.

Sec. 20. Minnesota Statutes 1994, section 116.07, subdivision 9, is amended to read:

Subd. 9. [ORDERS; INVESTIGATIONS.] The agency shall have the following powers and duties for the enforcement of any provision of this chapter and chapter 114C, relating to air contamination or waste:

(a) to adopt, issue, reissue, modify, deny, revoke, enter into or enforce reasonable orders, schedules of compliance and stipulation agreements;

(b) to require the owner or operator of any emission facility, air contaminant treatment facility, potential air contaminant storage facility, or any system or facility related to the storage, collection, transportation, processing, or disposal of waste to establish and maintain records; to make reports; to install, use, and maintain monitoring equipment or methods; and to make tests, including testing for odor where a nuisance may exist, in accordance with methods, at locations, at intervals, and in a manner as the agency shall prescribe; and to provide other information as the agency may reasonably require;

(c) to conduct investigations, issue notices, public and otherwise, and order hearings as it may deem necessary or advisable for the discharge of its duties under this chapter and chapter 114C, including but not limited to the issuance of permits; and to authorize any member, employee, or agent appointed by it to conduct the investigations and issue the notices.

Sec. 21. Minnesota Statutes 1995 Supplement, section 116.072, subdivision 1, is amended to read:

Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) The commissioner may issue an order requiring violations to be corrected and administratively assessing monetary penalties for violations of this chapter and chapters 114C, 115, 115A, 115D, and 115E, any rules adopted under those chapters, and any standards, limitations, or conditions established in an agency permit; and for failure to respond to a request for information under section 115B.17, subdivision 3. The order must be issued as provided in this section.

(b) A county board may adopt an ordinance containing procedures for the issuance of administrative penalty orders and may issue orders beginning August 1, 1996. Before adopting ordinances, counties shall work cooperatively with the agency to develop an implementation plan for the orders that substantially conforms to a model ordinance developed by the counties and the agency. After adopting the ordinance, the county board may issue orders requiring violations to be corrected and administratively assessing monetary penalties for violations of county ordinances adopted under section 400.16, 400.161, or 473.811 or chapter 115A that regulate solid and hazardous waste and any standards, limitations, or conditions established in a county license issued pursuant to these ordinances. For violations of ordinances relating to hazardous waste, a county's penalty authority is described in subdivisions 2 to 5. For violations of ordinances relating to solid waste, a county's penalty authority is described in subdivision 5a. Subdivisions 6 to 11 apply to violations of ordinances relating to both solid and hazardous waste.

(c) Monetary penalties collected by a county must be used to manage solid and hazardous waste. A county board's authority is limited to violations described in paragraph (b). Its authority to issue orders under this section expires August 1, 1999.

Sec. 22. Minnesota Statutes 1994, section 116.091, subdivision 1, is amended to read:

Subdivision 1. [INFORMATION.] Any person operating any emission system or facility specified in chapter 114C or section 116.081, subdivision 1, when requested by the pollution control agency, shall furnish to it any information which that person may have which is relevant to pollution or the rules or provisions of this chapter.

Sec. 23. Minnesota Statutes 1994, section 116.091, subdivision 3, is amended to read:

Subd. 3. [ACCESS TO PREMISES.] Whenever the agency deems it necessary for the purposes of this chapter or chapter 114C, the agency or any member, employee, or agent thereof, when authorized by it, may enter upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations.

Sec. 24. [INSTRUCTION TO REVISOR.]

The revisor of statutes shall codify the environmental improvement pilot program, Laws 1995, chapter 168, sections 8 to 20, as Minnesota Statutes, sections 114C.20 to 114C.33.

Sec. 25. [EFFECTIVE DATE.]

Sections 1 to 23 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to the environment; providing for an environmental permitting project; providing penalties; amending Minnesota Statutes 1994, sections 115.03, subdivisions 1 and 2; 115.04; 115.071, subdivisions 1, 2, 3, 4, and 5; 115.072; 115.075; 115.076, subdivision 1; 116.07, subdivision 9; and 116.091, subdivisions 1 and 3; Minnesota Statutes 1995 Supplement, section 116.072, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 114C."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2260, A bill for an act relating to the environment; prohibiting the discharge of human wastes into surface waters; proposing coding for new law in Minnesota Statutes, chapter 115.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2357, A bill for an act relating to family law; requiring specificity in visitation orders; providing for the establishment of visitation dispute resolution programs; imposing penalties; appropriating money; amending Minnesota Statutes 1994, section 518.175, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 518.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. Minnesota Statutes 1994, section 518.175, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] (a) In all proceedings for dissolution or legal separation, subsequent to the commencement of the proceeding and continuing thereafter during the minority of the child, the court shall, upon the request of either parent, grant such rights of visitation on behalf of the child and noncustodial parent as will enable the child and the noncustodial parent to maintain a child to parent relationship that will be in the best interests of the child. If the court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health or impair the child's emotional development, the court shall restrict visitation by the noncustodial parent as to time, place, duration, or supervision and may deny visitation entirely, as the circumstances warrant. The court shall consider the age of the child and the child's relationship with the noncustodial parent prior to the commencement of the proceeding. A parent's failure to pay support because of the parent's inability to do so shall not be sufficient cause for denial of visitation.

(b) Upon the request of either party, a visitation order must include a specific schedule for visitation, including the frequency and duration of visitation and visitation during holidays and vacations.

Sec. 2. Minnesota Statutes 1994, section 518.175, subdivision 6, is amended to read:

Subd. 6. [COMPENSATORY VISITATION.] (a) If the court finds that a person has been wrongfully deprived of the duly established right to visitation, the court shall order the custodial parent to permit additional visits to compensate for the visitation of which the person was deprived. Additional visits must be:

(1) of the same type and duration as the wrongfully denied visit;

(2) taken within one year after the wrongfully denied visit; and

(3) at a time acceptable to the person deprived of visitation.

(b) Upon filing a motion for compensatory visitation under paragraph (a), a party may request the court administrator to refer the matter to a visitation expeditor under section 518.1751, subdivision 3. To assist a party in making the request, the administrator shall provide a uniform form, including a brief description of the process in section 518.1751, subdivision 3. The court administrator shall inform every party who files a motion under paragraph (a) of the option to proceed under section 518.1751, subdivision 3. A party who chooses to proceed under section 518.1751, subdivision 3, continues to have a motion pending under paragraph (a) and the administrator shall schedule the motion under current practice.

(c) If a party has a valid visitation order on file with the court and has reason to believe that a future scheduled visit will be denied, the party may request the court administrator to refer the matter to a visitation expeditor under section 518.1751, subdivision 3, without filing a motion under paragraph (a).

(d) If a party is wrongfully denied compensatory visitation awarded in an order entered under paragraph (a), the party may present a copy of the order to a law enforcement agency. The law enforcement agency shall ensure that the child is delivered to the parent entitled to compensatory visitation, and may, if necessary, take the child into custody.

Sec. 3. Minnesota Statutes 1994, section 518.1751, subdivision 1, is amended to read:

Subdivision 1. [VISITATION EXPEDITOR.] (a) Upon agreement of all parties, or pursuant to section 518.175, subdivision 6, paragraph (b) or (c), the court may appoint a visitation expeditor to resolve visitation disputes that occur under a visitation order while a matter is pending under this chapter, chapter 257 or 518A, or after a decree is entered. Prior to appointing the visitation expeditor, the court shall give the parties notice that the costs of the visitation expeditor will be apportioned among the parties and that if the parties do not reach an agreement, the visitation expeditor will make a nonbinding decision resolving the dispute, except that a visitation expeditor's decision made under subdivision 3c is binding on the parties unless vacated or modified by the court.

(b) For purposes of this section, "visitation dispute" means a disagreement among parties about visitation with a child. "Visitation dispute" includes a claim by a custodial parent that a noncustodial parent is not visiting a child as well as a claim by a noncustodial parent that a custodial parent is denying or interfering with visitation.

Sec. 4. Minnesota Statutes 1994, section 518.1751, subdivision 2, is amended to read:

Subd. 2. [APPOINTMENT; COSTS.] The court shall appoint the visitation expeditor. If the parties cannot agree on a visitation expeditor, the court shall present a list of candidates with one more candidate than there are parties to the dispute. In developing the list of candidates, the court must give preference to persons who agree to volunteer their services. Each party shall strike one name and the court shall appoint the remaining individual as the visitation expeditor. In its order appointing the visitation expeditor, the court shall apportion the costs of the visitation expeditor among the parties, with each party bearing the portion of costs that the court determines is just and equitable under the circumstances; except that a party who is proceeding under section 518.175, subdivision 6, paragraph (b), and qualifies for waiver of fees under section 563.01 is not required to pay for the costs of the visitation expeditor.

Sec. 5. Minnesota Statutes 1994, section 518.1751, subdivision 3, is amended to read:

Subd. 3. [AGREEMENT OR DECISION.] (a) If a visitation dispute arises, the visitation expeditor shall meet with the parties within five days and make a diligent effort to facilitate an agreement to resolve the visitation dispute. If the parties are before the visitation expeditor under section 518.175, subdivision 6, paragraph (b), and an agreement is reached, it must be put in writing, served on the parties by the visitation expeditor, and an affidavit of service must be filed with the court.

(b) If the parties do not reach an agreement, the expeditor shall make a decision resolving the dispute as soon as possible. If a party does not comply with an agreement of the parties or a decision of the expeditor, any party may bring a motion with the court to resolve the dispute. The court may consider the agreement of the parties or the decision of the expeditor, but neither is binding on the court.

(c) If the parties are before the visitation expeditor under section 518.175, subdivision 6, paragraph (b), the expeditor shall make a decision resolving the compensatory visitation motion as soon as possible but not later than five calendar days after the final meeting with the parties. If the expeditor decides to award compensatory visitation, the expeditor's decision must include a finding that visitation was wrongfully denied. The written decision must be served on the parties by the court or the visitation expeditor and an affidavit of service must be filed with the court. If a compensatory visitation motion requires immediate resolution, the expeditor may confer with the parties through a telephone conference or similar means. If a party does not comply with an agreement of the parties or a decision of the expeditor, the motion under section 518.175, subdivision 6, must remain on the court's calendar for resolution. The motion must not be removed from the court's calendar without the written request of each party. A party is not required to exhaust the expeditor remedy before having a calendared motion heard by the court. The court may consider the agreement of the parties or the decision of the expeditor, but neither is binding on the court. Upon request of the court, the expeditor shall prepare an affidavit for the court that summarizes the expeditor's findings and reasons for the expeditor's decision and shall provide a copy to the parties at least five days prior to the hearing. A proceeding under this paragraph is limited to the award of compensatory visitation times. The existing visitation order must not be modified under this paragraph.

(d) An expeditor may conduct a proceeding without the presence of a party if the party chooses not to participate in the proceeding.

Sec. 6. Minnesota Statutes 1994, section 518.1751, is amended by adding a subdivision to read:

Subd. 5. [ENFORCEMENT OF COMPENSATORY AGREEMENT.] If a party who is proceeding under this section pursuant to section 518.175, subdivision 6, paragraph (b), is wrongly denied compensatory visitation granted in a written agreement or written decision under this section, the party may present a copy of the agreement or decision and a copy of the affidavit of service under subdivision 3 to a law enforcement agency. The law enforcement agency shall ensure that the child is delivered to the parent entitled to compensatory visitation and may, if necessary, take the child into custody.

Sec. 7. Minnesota Statutes 1994, section 518.1751, is amended by adding a subdivision to read:

Subd. 6. [IMMUNITY.] A visitation expeditor is immune from civil or criminal liability for actions taken under subdivision 3, paragraphs (a) and (c), when acting under section 518.175, subdivision 6, paragraph (b).

Sec. 8. [VISITATION EXPEDITOR FORM.]

The state court administrator shall prepare and make available to all court administrators a uniform form to be used by parties who seek the assistance of a visitation expeditor under Minnesota Statutes, section 518.1751, subdivision 3.

Section 1. Minnesota Statutes 1995 Supplement, section 518.5512, is amended by adding a subdivision to read:

Subd. 4. [TERMINATION OF INTEREST.] The public authority or a party bringing a motion under section 548.091, subdivision 1a, may proceed immediately to a contested administrative proceeding under section 518.5511, subdivision 4.

Sec. 2. Minnesota Statutes 1994, section 548.091, subdivision 1a, is amended to read:

Subd. 1a. [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] (a) Any payment or installment of support required by a judgment or decree of dissolution or legal separation, determination of parentage, an order under chapter 518C, an order under section 256.87, or an order under section 260.251, that is not paid or withheld from the obligor's income as required under section 518.611 or 518.613, is a judgment by operation of law on and after the date it is due and is entitled to full faith and credit in this state and any other state. Except as otherwise provided by paragraph (b), interest accrues from the date the unpaid amount due is greater than the current support due at the annual rate provided in section 549.09, subdivision 1, plus two percent, not to exceed an annual rate of 18 percent. A payment or installment of support that becomes a judgment by operation of law between the date on which a party served notice of a motion for modification under section 518.64, subdivision 2, and the date of the court's order on modification may be modified under that subdivision.

(b) Notwithstanding the provisions of section 549.09, upon motion to the court and upon proof by the obligor of 36 consecutive months of complete and timely payments of both current support and court-ordered paybacks of a child support debt or arrearage, the court may order interest on the remaining debt or arrearage to stop accruing. Timely payments are those made in the month in which they are due. If, thereafter, the obligor fails to make complete and timely payments of both current support and court-ordered paybacks of child support debt or arrearage, the public authority or the obligee may move the court for the reinstatement of interest as of the month in which the obligor ceased making complete and timely payments.

The court shall provide copies of all orders issued under this section to the public authority. The commissioner of human services shall prepare and make available to the court and the parties forms to be submitted by the parties in support of a motion under this section."

Delete the title and insert:

"A bill for an act relating to family law; changing procedures and requirements concerning visitation and interest on child support debts or arrearages; amending Minnesota Statutes 1994, sections 518.175, subdivisions 1 and 6; 518.1751, subdivisions 1, 2, 3, and by adding subdivisions; and 548.091, subdivision 1a; Minnesota Statutes 1995 Supplement, section 518.5512, by adding a subdivision."

With the recommendation that when so amended the bill pass.

The report was adopted.

Rest from the Committee on Taxes to which was referred:

H. F. No. 2417, A bill for an act relating to retirement; various Minnesota public pension plans; making various benefit and coverage modifications; redirecting various state pension aids to certain first class city teachers retirement fund associations; requiring certain school district employer contribution increases; making various administrative modifications; amending Minnesota Statutes 1994, sections 3A.04, subdivision 4; 124.916, subdivision 3; 144C.06; 352.04, subdivision 8; 352.95, subdivision 2; 352B.10, subdivision 2; 352B.11, subdivision 1; 352C.09, by adding a subdivision; 353D.01, subdivision 2; 353D.02; 353D.03; 353D.04; 354.44, subdivisions 3 and 4; 354A.12, subdivisions 2, 3a, 3c, and by adding subdivisions; 423A.02, by adding a subdivision; 423B.01, subdivision 9; 423B.15, subdivision 3; 424A.001, by adding subdivisions; 424A.01, by adding a subdivision; 424A.02, subdivision 1; and 490.124, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 144C.07, subdivision 2; 144C.08; 354A.12, subdivision 3b; 354D.02, subdivision 2; 354D.03; 354D.04; and 354D.06; Laws 1989, chapter 319, article 19, section 7, subdivisions 1, as amended and 4, as amended; and Laws 1995, chapter 252, article 1, section 16; proposing coding for new law in Minnesota Statutes, chapter 354D; repealing Minnesota Statutes 1994, section 353D.11; Laws 1990, chapter 570, article 13, section 1, subdivision 5.

Reported the same back with the following amendments:

Page 8, line 11, delete "1996" and insert "1997"

Page 8, line 15, delete "1996" and insert "1998"

Page 9, line 23, after "fund" insert "provided that the number is negative"

Page 10, line 35, after the period, insert "The amount required under this paragraph is appropriated annually to the commissioner of finance."

Page 12, line 12, after the period, insert "The amount required under this paragraph is appropriated annually to the commissioner of finance."

Page 13, line 20, after the period, insert "The amount required under this paragraph is appropriated annually to the commissioner of revenue."

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2453, A bill for an act relating to statutes of limitations; reviving and extending certain civil actions barred by the statute of limitations; proposing coding for new law in Minnesota Statutes, chapter 541.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [ACTIONS FOR DAMAGES INVOLVING THE USE OF CERTAIN BLOOD PRODUCTS.]

Notwithstanding any other law to the contrary, an action for damages involving the use of blood products containing the human immunodeficiency virus that is brought by the person who received the blood products, the spouse or children of the person, or the person's estate, that would otherwise be barred before June 1, 1997, as a result of expiration of the applicable period of limitation, is revived or extended. An action revived or extended under this section must be commenced before June 1, 1997. This section does not apply to an action based in contract or tort for malpractice, error, mistake, or failure to cure against: a nonprofit blood bank; a hospital, including the parent entity or any affiliate entity of a hospital; a physician, surgeon, dentist, or other health care professional, as defined

in Minnesota Statutes, section 145.61; or the regents of the University of Minnesota. This section does not apply to an action against a nonprofit organization that was staffed only by volunteers to the extent that the action was based on the dissemination of information by the volunteers about the use of blood products.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to statute of limitations; reviving and extending certain civil actions barred by the statute of limitations."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2588, A bill for an act relating to insurance; providing a process for resolving state claims for certain landfill cleanup costs and associated damages with insurers; authorizing an action by the state for recovery from insurers after a reasonable opportunity for settlement; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115B; repealing Minnesota Statutes 1994, sections 115B.44, subdivision 1; and 115B.46; Minnesota Statutes 1995 Supplement, sections 115B.44, subdivision 2; and 115B.45.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [115B.441] [INSURANCE CLAIMS SETTLEMENT AND RECOVERY PROCESS; FINDINGS AND PURPOSE.]

(a) The legislature finds that:

(1) insurers have issued certain insurance policies to their policyholders which may have provided coverage for environmental response costs related to qualified facilities for which their policyholders bear legal responsibility;

(2) because the commissioner is required by law to take over responsibility for environmental response actions relating to all qualified facilities, any rights to coverage based upon the insurers' contractual obligations to their policyholders to pay environmental response costs which are assumed by the state related to these facilities, to the extent such obligations may exist, are rights that should fairly accrue to the state; and

(3) the resolution of these potential insurance coverage rights should provide a fair share of the cost to the state of taking over these environmental responsibilities consistent with the insurers' potential coverage obligations to their policyholders.

(b) The purposes of sections 1 to 5 are:

(1) to provide the means for the state and insurers to resolve claims of the state for environmental response costs related to qualified facilities that may be covered by insurance policies of persons who bear legal responsibility for those costs; and

(2) to create a fair and efficient settlement process that provides insurers with an opportunity to settle claims based upon a reasonable approximation of the insurers' potential coverage exposure and a fair opportunity for the state to recover claims by legal action from nonsettling insurers.

Sec. 2. [115B.442] [SETTLEMENT PROCESS; INFORMATION GATHERING.]

Subdivision 1. [SELECTION OF QUALIFIED FACILITIES.] The commissioner and the attorney general shall select qualified facilities for which they intend to make offers of settlement to insurers under section 3. The first group of qualified facilities, consisting of not less than ten facilities, must be selected within 60 days after the effective date of this section. Upon selection of a qualified facility under this subdivision, the commissioner shall commence reasonable efforts to identify potential insurance policyholders and insurance coverage for the qualified facility in accordance with this section.

Subd. 2. [POTENTIAL INSURANCE POLICYHOLDER.] For the purpose of this section, "potential insurance policyholder" means a person who may bear legal responsibility for environmental response costs related to a qualified facility including the following:

(1) a person who has been the subject of a request for response action under section 115B.17, or an order under section 106 of the Federal Superfund Act with respect to a qualified facility;

(2) an owner or operator of a qualified facility;

(3) a person who engaged in commercial, industrial, or other activities generally known to produce waste containing a hazardous substance, or pollutant or contaminant, and whose waste was disposed of at a qualified facility; and

(4) a person who engaged in the business of hauling waste for disposal and who accepted waste from one or more persons of the type described in clause (3) for transport to a qualified facility.

Subd. 3. [IDENTIFICATION OF POTENTIAL INSURANCE POLICYHOLDERS.] The commissioner may request information from a person that the commissioner has reason to believe is a potential insurance policyholder or has information needed to identify potential insurance policyholders. The recipient of the request shall provide to the commissioner any information in the person's possession, or which the person can reasonably obtain, that the commissioner requires to identify potential insurance policyholders for a qualified facility and to explain to the commissioner the person's efforts to discover and provide such information. An owner or operator of a qualified facility shall retain and preserve all documents and other information relevant to the identification of potential insurance policyholders for the qualified facility.

Subd. 4. [IDENTIFICATION OF POTENTIAL INSURANCE COVERAGE.] The commissioner may request a person that the commissioner has reason to believe is a potential insurance policyholder to provide, and the recipient of the request shall provide to the commissioner, any information in the person's possession, or which the person can reasonably obtain, regarding the person's potential liability insurance coverage for environmental response costs related to a qualified facility. A potential insurance policyholder for which evidence of potential coverage has been identified shall cooperate with reasonable requests of the commissioner or the attorney general for assistance in preparing for and negotiating a settlement under this section or in preparing or pursuing a claim under section 4 related to that policyholder's potential coverage. Nothing in this subdivision relieves a potential insurance policyholder of any duties imposed upon it pursuant to the terms, conditions, and provisions of its insurance policy, including any duty to cooperate with its insurer in the investigation, negotiation, and settlement of claims or demands, or the defense of suits. The commissioner may contract for the services of persons to assist in reconstructing insurance policies and potential coverage from incomplete insurance information. The commissioner may authorize the attorney general to carry out all or a portion of the authority provided in this section.

Subd. 5. [IDENTIFICATION OF POTENTIAL COVERAGE BY INSURERS.] The commissioner may request an insurer to make reasonable efforts to identify or confirm potential insurance coverage of any potential insurance policyholder identified under subdivision 4, or may direct the potential insurance policyholder to make this request of an insurer. An insurer that is requested to identify or confirm potential coverage of a potential insurance policyholder under this subdivision has 90 days after receiving the request to confirm coverage or to provide all information in the possession of the insurer that may assist in identifying potential coverage, and to explain the insurer's efforts to discover and provide such information. An insurer requested to provide information under this subdivision shall preserve all information relevant to the request until any claim relating to the request is resolved.

Subd. 6. [ENFORCEMENT.] Subdivisions 3 to 5 are enforceable under sections 115.071 and 116.072.

Sec. 3. [115B.443] [SETTLEMENT PROCESS.]

Subdivision 1. [DETERMINATION OF FACILITY COSTS.] Beginning not later than one year after selection of a qualified facility under section 2, subdivision 1, the commissioner shall determine the current total estimated amount of environmental response costs incurred and to be incurred by the state for the qualified facility under sections 115B.39 to 115B.43, including reimbursement under section 115B.43.

Subd. 2. [SETTLEMENT OFFERS.] The attorney general and the commissioner shall select one or more insurers who have been identified by the commissioner as providing potential coverage to persons identified under section 2 as potential insurance policyholders for a qualified facility and shall make settlement offers with respect to one or more of the qualified facilities to the selected insurers. The attorney general and the commissioner shall base the settlement offer on their evaluation of the potential coverage available for environmental response costs under policies issued by the insurer to persons identified as potential insurance policyholders for that qualified facility and on the total estimated costs for the qualified facility, as determined under subdivision 1. The attorney general shall provide written notice of the settlement to the insurer together with a written explanation of how the offer was calculated. The attorney general may exclude from a settlement offer claims relating to policyholders who are known by the attorney general to have claims against the insurer for coverage for environmental liabilities at locations other than qualified facilities, or who are actively litigating or settling claims against their insurers relating to any qualified facility.

Subd. 3. [SETTLEMENT NEGOTIATIONS; MEDIATION.] An insurer shall have 60 days after receipt of a settlement offer and written explanation from the state to evaluate the offer, after which the insurer, the commissioner, and the attorney general shall commence negotiations to attempt to reach a settlement with respect to the potential insurance coverage and qualified facilities subject to the settlement offer. The insurer shall have 180 days to negotiate and commit to a settlement with the state before the attorney general may commence an action under section 4, unless the commissioner and the attorney general agree to extend the negotiation period upon request by the insurer made before expiration of the 180-day period. Any extension shall be limited to one additional 60-day period.

The attorney general, commissioner, and the insurer may agree to use any method of alternative dispute resolution for all or a portion of the issues in the negotiation, or may agree to negotiate all matters directly among themselves. If the parties do not agree in writing on the manner in which they will negotiate a settlement within 60 days after commencement of the negotiation period, the parties shall submit the negotiation of the settlement to mediation by an independent and neutral mediator selected by the Minnesota office of dispute resolution. The attorney general shall submit on behalf of all parties a request to the office of dispute resolution to appoint a mediator for the negotiations. The cost of mediation under this subdivision shall be divided equally between the state and the insurer.

Any settlement offer or any proposal, statement, or view expressed or document prepared in the course of negotiation under this section shall not be considered an admission by any party and shall not be admissible in evidence in any judicial proceeding affecting matters subject to settlement negotiation, provided that any matter otherwise admissible in a judicial proceeding is not made inadmissible by virtue of its use in negotiation under this section.

Subd. 4. [PARTICIPATION BY AFFECTED POLICYHOLDERS.] (a) Within 30 days of notifying an insurer of a settlement offer, the attorney general shall make reasonable efforts to notify policyholders who may be affected by settlement negotiations under subdivision 3. The notification shall inform the policyholder of the commencement of negotiations between the state and the insurer and the manner in which a policyholder, with agreement of the insurer, may participate in the negotiation process. If the insurer and the state reach a settlement of the state's claims, the attorney general shall provide notice of any proposed settlement to any affected policyholder who makes a written request for such notice.

(b) Subject to the limitations of this paragraph, an insurer to whom a settlement offer is made under subdivision 3, and any policyholder who may be affected by the negotiation, may agree to negotiate a resolution of any other outstanding environmental claims, related to the qualified facility or facilities that are subject to the state's settlement offer, within the settlement negotiation process provided under this section. Environmental claims unrelated to the qualified facility or facilities that are subject to the state settlement offer may be included within the settlement negotiation process provided under this section at the discretion of the attorney general, provided that the state will not bear any costs of mediation or alternative dispute resolution arising from such unrelated claims. The agreement of the insurer and affected policyholders to negotiate must be reached by the time that the insurer and the state commence negotiations as provided under subdivision 3. The policyholder shall not participate in the selection of the method of negotiation by the state and the insurer under subdivision 3. If the attorney general in the attorney

general's discretion determines, at any time after the first 60 days of the negotiation period, that continued participation of the policyholders in the negotiation process with the state and the insurer is detrimental to the effective negotiation of a settlement between the state and the insurer, the attorney general shall so notify the insurer and the policyholders. After such notification by the attorney general, the insurer and policyholders may continue to negotiate separately from the negotiation between the insurer and the state, and may use the same mediator or other person who is facilitating negotiation between the state and the insurer. Policyholders shall be responsible for an equitable share of any costs of mediation or other alternative dispute resolution process in which they participate. Notwithstanding a determination to discontinue negotiations involving policyholders, the attorney general may engage in an additional 30 days of negotiation with the insurer and policyholders if, within the time limit for committing to a settlement provided under subdivision 3, the attorney general finds, in the discretion of the attorney general, that participation by the policyholders in a settlement between the state and the insurer would be beneficial to that settlement.

Inability of the insurer or the state to reach a settlement with policyholders under this subdivision shall not preclude a settlement between the state and the insurer.

Subd. 5. [ADJUSTMENT FOR RETROSPECTIVE PREMIUMS.] A settlement that includes payment of any amount under a policy subject to a retrospective premium plan shall include terms which assure that the settlement does not result in the imposition of any retrospective premium on any policyholder. In negotiating with respect to any state offer of settlement which is based in whole or in part on coverage known to the insurer to be subject to a retrospective premium plan:

(1) the insurer shall calculate the amount of any retrospective premium that would result from payment of the state's settlement offer amount and shall disclose the calculation and the basis for it to the attorney general and the commissioner; and

(2) the attorney general and commissioner may reduce the settlement offer amount by the amount of the retrospective premium or agree to assume the obligation to pay the retrospective premium in order to assure that no retrospective premium is imposed on the policyholder.

Subd. 6. [OPTION TO SETTLE NATURAL RESOURCE DAMAGES.] An insurer who has received a settlement offer may request the attorney general and the commissioner to address in any settlement under this section natural resource damages related to qualified facilities subject to the settlement offer. The attorney general and the commissioner, after receiving a request under this subdivision, shall determine an amount to be added to the state's settlement offer that would be sufficient to address and resolve in the settlement any state claims for natural resource damages related to the qualified facilities subject to the settlement.

Subd. 7. [SETTLEMENT OPTION FOR ALL QUALIFIED FACILITIES.] If an insurer has entered settlements with the state under this section with respect to qualified facilities for which the aggregate amount of total estimated environmental response costs equals at least 60 percent of the total estimated environmental response costs for all qualified facilities as determined by the commissioner, the attorney general and the commissioner, upon request of the insurer, may settle with the insurer with respect to the remaining qualified facilities for the amount determined in this subdivision. The amount of the settlement for the remaining qualified facilities must be the amount that bears the same proportion to the total estimated costs for the remaining facilities that the amount payable under all of the insurer's existing settlements under this section bears to the aggregate of the total estimated costs for the qualified facilities subject to those settlements.

Subd. 8. [SCOPE OF RELEASE BY STATE; EFFECT OF SETTLEMENT.] Except for any claims excluded from the settlement process under section 3, subdivision 2, a settlement under this section shall release a settling insurer, and its policyholders to the extent of their insurance coverage under policies of that insurer, from all liability for all environmental response costs incurred and to be incurred by the state related to the qualified facility or facilities that are the subject of the settlement, including natural resource damages if addressed in the settlement. Except for claims excluded under section 3, subdivision 2, the settlement shall release a settling insurer and its policyholders from liability as described in this subdivision under all insurance policies issued by the insurer, regardless of whether the policies or policyholders were identified by the commissioner or attorney general under section 2.

Subd. 9. [OTHER SETTLEMENT TERMS.] (a) An insurer who enters a settlement under this section is not liable for claims for contribution regarding matters addressed in the settlement. As a condition of settlement, an insurer shall waive its rights to seek contribution for any amounts paid in the settlement or to bring a subrogation action against any other person for any amounts paid in the settlement.

(b) Settlement under this section does not discharge the liability of an insurer that has not entered a settlement under this section nor of a person to whom a nonsettling insurer has issued insurance coverage to the extent of that coverage.

(c) No settlement offer, settlement, or negotiation under this section shall affect any joint and several liability for environmental response costs or damages related to the facility of any person whose liability has not been settled under this section.

(d) A settlement under this section or section 4, subdivision 2, paragraph (b), reduces the state's claims for environmental response costs, and natural resource damages if addressed in the settlement, related to qualified facilities subject to the settlement by the amounts paid to the state under the settlement for the facilities.

(e) A settlement agreement approved by the attorney general and the commissioner under this section shall be presumed to be a reasonable settlement of the state's claims.

Subd. 10. [REDUCTION OF OUTSTANDING COVERAGE.] Any amounts paid by an insurer pursuant to a judgment under section 4 or settlement under this section reduce the outstanding coverage available under policies of the insurer to the extent permitted under applicable law and policy provisions.

Sec. 4. [115B.444] [STATE ACTION AGAINST INSURERS.]

Subdivision 1. [STATE ACTION.] The state, by the attorney general, may bring a state action against any insurer for recovery of all environmental response costs incurred and to be incurred by the state, which costs are related to qualified facilities for which the state has assumed response action obligations or responsibilities under sections 115B.39 to 115B.43, and for which costs policyholders of the insurer may be liable. No assignment of any rights of a policyholder to the state and no judgment against the policyholder is required as a condition for the state bringing an action under this subdivision. The state shall make reasonable efforts to notify affected policyholders of the state's commencement of an action under this section. An affected policyholder may intervene in an action under this section. For purposes of this section, an "affected policyholder" means a policyholder whose rights under an insurance policy relevant to an action under this section may be affected by the action. All defenses available to a policyholder to any claim of liability for environmental response costs asserted or which could be asserted against it shall be available to the insurer in an action brought by the state under this subdivision. In any action under this subdivision, the claim of the state shall be limited by the applicable terms, conditions, and provisions of the relevant insurance policy under which coverage may be provided, and the state shall have no greater rights than the rights of the policyholder under its insurance policy subject to the statutory and common law that applies to the determination of those rights. Nothing in sections 1 to 5 shall be construed to relieve any policyholder of liability for environmental response costs to the extent of any insurance coverage of the policyholder by reason of the assumption of obligations or responsibilities by the state for environmental response actions under sections 115B.39 to 115B.43. Before the attorney general may commence an action against an insurer under this subdivision, for any claims with respect to a qualified facility, the attorney general and the commissioner shall present to the insurer a written settlement offer, and shall provide the insurer with an opportunity to negotiate and enter a settlement with the state as provided in section 3. In any action under this subdivision, the state shall have the same rights as individual policyholders to recover its reasonable expenses and costs of litigation, including attorney fees.

Subd. 2. [ACTIONS BY POLICYHOLDERS; STATE APPROVAL OF SETTLEMENTS.] (a) Except as provided in paragraph (b), nothing in sections 1 to 4 affects the right of a policyholder to bring or pursue any action against, or enter any settlement with, an insurer for any claims for which the state has a right of action against the insurer under this section and that have not been resolved by a settlement or judgment under this section. The state may intervene in an action in which a policyholder seeks to recover a claim for which the state has a right of action under this section.

(b) A policyholder may not enter a settlement that releases an insurer from any claims for which the state has an action under subdivision 1, unless the attorney general has given prior written approval to the settlement and the policyholder agrees to assign to the state any amounts recovered under the settlement from the insurer that are attributable to the resolution of the claims.

Sec. 5. [115B.445] [DEPOSIT OF PROCEEDS.]

All amounts paid to the state by an insurer pursuant to any settlement under section 3 or judgment under section 4 must be deposited in the state treasury and credited to the solid waste fund.

Sec. 6. [REPORT TO THE LEGISLATURE.]

The attorney general and the commissioner shall report to the finance division of the senate environment and natural resources committee and the house of representatives environment and natural resources finance committee by January 15, 1998, concerning the results achieved in carrying out the settlement and recovery process established under sections 1 to 5. The report must include any recommendations for further legislation that the attorney general and the commissioner believe will assist in the fair and efficient resolution of claims related to qualified facilities by the state and insurers.

Sec. 7. [REPEALER.]

Minnesota Statutes 1994, sections 115B.44, subdivision 1; and 115B.46; and Minnesota Statutes 1995 Supplement, sections 115B.44, subdivision 2; and 115B.45, are repealed.

Sec. 8. [EFFECTIVE DATE.]

Sections 1 to 7 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to insurance; providing a process for resolving state claims for certain landfill cleanup costs and associated damages with insurers; authorizing an action by the state for recovery from insurers after a reasonable opportunity for settlement; proposing coding for new law in Minnesota Statutes, chapter 115B; repealing Minnesota Statutes 1994, sections 115B.44, subdivision 1; and 115B.46; Minnesota Statutes 1995 Supplement, sections 115B.44, subdivision 2; and 115B.45."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2799, A bill for an act relating to natural resources; modifying provisions for aquatic farms; establishing a season for harvesting ripe wild rice; modifying the registration requirements for off-highway motorcycles and all-terrain vehicles; removing the residency requirement for youth hunting; permitting nonresident students to take big game; modifying priorities for the disposal of state hatchery eggs or fry; modifying the exception for trout and salmon stamps; modifying restrictions on taking sturgeon and paddlefish; removing certain provisions related to wild rice; amending Minnesota Statutes 1994, sections 17.4982, subdivisions 8, 10, 17, 21, and by adding a subdivision; 17.4984, subdivisions 2 and 7; 17.4985, subdivisions 2 and 3; 17.4986; 17.4988, subdivisions 2 and 4; 17.4991, subdivision 3; 17.4992, subdivisions 2 and 3; 17.4993, subdivision 1; 97A.451, by adding a subdivision; 97A.455; 97A.535, by adding a subdivision; 97C.203; 97C.305, subdivision 2; and 97C.411; Minnesota Statutes 1995 Supplement, sections 84.788, subdivision 3; 84.922, subdivision 2; and 97A.451, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 1994, sections 84.09; and 84.14.

Reported the same back with the following amendments:

Page 12, line 5, after the period, insert "No fee may be charged by a dealer to a purchaser for providing the temporary permit."

Page 13, line 9, after the period, insert "No fee may be charged by a dealer to a purchaser for providing the temporary permit."

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

The report was adopted.

Pursuant to Senate Concurrent Resolution No. 12, H. F. No. 2799 was re-referred to the Committee on Rules and Legislative Administration.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2816, A bill for an act relating to consumer privacy; regulating the use and dissemination of personally identifiable information on consumers of computer information services; proposing coding for new law as Minnesota Statutes, chapter 13D.

Reported the same back with the following amendments:

Page 1, line 11, delete everything after "a"

Page 1, line 12 delete everything before the period and insert "person who agrees to pay a fee for access to an information service for personal, family, or household purposes"

Page 2, line 5, after "include" insert ":

(1) any service which is provided to business, professional, or commercial users;

(2)"

Page 2, line 7, before the period, insert "; or

(3) any governmental entity"

Page 3, line 27, before "conforming" insert "substantially"

Page 3, line 30, delete the period and after the second quotation mark insert "or a title which conveys a similar meaning."

Page 3, line 34, delete "read as follows" and insert "convey the substance of the following"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2902, A bill for an act relating to game and fish; providing an appropriation for emergency deer feeding; appropriating money; amending Minnesota Statutes 1994, section 97A.075, subdivision 1.

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

The report was adopted.

Murphy from the Committee on Judiciary Finance to which was referred:

H. F. No. 2972, A bill for an act relating to capital improvements; appropriating money for the south metro joint public safety training facility; authorizing the sale of state bonds.

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

The report was adopted.

Pursuant to Senate Concurrent Resolution No. 12, H. F. No. 2972 was re-referred to the Committee on Rules and Legislative Administration.

Rest from the Committee on Taxes to which was referred:

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

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

The report was adopted.

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

H. F. No. 3125, A bill for an act relating to natural resources; providing an appropriation for snowmobile grants-in-aid; appropriating money.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [APPROPRIATION.]

$600,000 is appropriated from the snowmobile trails and enforcement account in the natural resources fund to the commissioner of natural resources for snowmobile grants-in-aid, to be available until June 30, 1997.

Sec. 2. [SNOWMOBILE REPORT.]

The commissioner of natural resources shall prepare a report that contains the following:

(1) an implementation plan for using at least 65 percent of all money appropriated from the snowmobile trails and enforcement account for snowmobile grants-in-aid beginning in the 1998-1999 biennium; and

(2) recommendations for additional funding sources for snowmobile grants-in-aid.

The report must be submitted by October 1, 1996, to the finance division of the senate committee on environment and natural resources and the house of representatives committee on environment and natural resources finance.

Sec. 3. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to natural resources; providing an appropriation for snowmobile grants-in-aid; requiring a report; appropriating money."

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

The report was adopted.

Pursuant to Senate Concurrent Resolution No. 12, H. F. No. 3125 was re-referred to the Committee on Rules and Legislative Administration.

Rest from the Committee on Taxes to which was referred:

H. F. No. 3175, A bill for an act relating to counties; extending the capital improvement bonding authority; amending Minnesota Statutes 1994, section 373.40, subdivision 7.

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

The report was adopted.

Jennings from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

S. F. No. 1086, A bill for an act relating to elections; campaign finance; prohibiting lobbying by a principal campaign committee or political party committee that issues refund receipt forms; amending Minnesota Statutes 1994, sections 10A.322, subdivisions 1, 2, 4, and by adding a subdivision; and 290.06, subdivision 23; proposing coding for new law in Minnesota Statutes, chapter 10A.

Reported the same back with the following amendments:

Page 5, delete lines 18 and 19, and insert:

"Section 1 is effective the day following final enactment. Sections 2 to 6 are effective June 1, 1996, and apply to receipt forms issued and contributions received on or after that date. Agreements filed by candidates under section 10A.322 before the effective date of section 1 expire on June 1, 1996."

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

S. F. No. 1872, A bill for an act relating to peace officer training; requiring peace officers to undergo training in community policing techniques; proposing coding for new law in Minnesota Statutes, chapter 626.

Reported the same back with the following amendments:

Page 2, line 3, delete everything after "3." and insert "[INSTRUCTIONAL MATERIALS.]"

Page 2, delete lines 4 to 6

Page 2, line 7, delete everything before "The"

With the recommendation that when so amended the bill pass.

The report was adopted.

Wagenius from the Committee on Labor-Management Relations to which was referred:

S. F. No. 1919, A bill for an act relating to reemployment insurance; making technical and administrative changes; amending Minnesota Statutes 1994, sections 268.04, subdivisions 2, 4, and by adding a subdivision; 268.06, subdivisions 5 and 24; 268.07; 268.072, subdivisions 2, 3, and 5; 268.073, subdivisions 3, 4, and 7; 268.074, subdivision 4; 268.08, as amended; 268.09, subdivision 2; 268.12, by adding a subdivision; 268.16, subdivision 4; 268.164, subdivisions 1 and 2; and 268.23; Minnesota Statutes 1995 Supplement, sections 268.041; 268.06, subdivision 20; 268.09, subdivision 1; 268.105, by adding a subdivision; 268.161, subdivision 9; and 268.18, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, sections 268.04, subdivisions 18 and 24; 268.10, subdivision 1; and 268.231; Minnesota Statutes 1995 Supplement, section 268.10, subdivision 2; Laws 1994, chapter 503, section 5.

Reported the same back with the following amendments:

Page 1, after line 21, insert:

"Section 1. [117.088] [REEMPLOYMENT INSURANCE; DAMAGES.]

When property is taken pursuant to this chapter and such taking causes loss of employment, any resulting benefits charged to an employer under section 268.06, subdivision 5, or surcharge required to obtain cancellation of benefits under section 268.06, subdivision 24, is an item of damages which shall be separately stated.

When property is purchased by a body having the right of eminent domain, the buyer shall consider whether the purchase may cause loss of employment and, if so, any benefits that may be charged to the employer under section 268.06, subdivision 5, or surcharge that may be required to obtain cancellation of benefits under section 268.06, subdivision 24, shall be an item considered by the parties in the negotiation of the price.

Sec. 2. Minnesota Statutes 1994, section 268.0122, is amended by adding a subdivision to read:

Subd. 2a. [OATHS; SUBPOENAS.] The commissioner or any duly authorized representative is authorized to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of persons and the production of books, papers, correspondence, memoranda, and other records necessary for the administration of chapter 268. A subpoena is enforceable through the district court in the district in which the subpoena is issued."

Page 5, line 20, delete "the condemnation of property by a governmental agency,"

Page 5, line 24, delete "closure of"

Page 5, delete line 25

Page 5, line 26, delete "agency,"

Pages 6 to 8, delete section 7

Pages 40 and 41, delete section 23

Page 50, delete line 1 and insert:

"Sections 3 to 5, 7, 9 to 17, 19 to 23, 29, and 32 are"

Page 50, line 3, delete "4, 6," and insert "6, 8,"

Page 50, line 5, delete "17" and insert "18"

Page 50, after line 5, insert:

"Section 20 is effective July 1, 1996, with the exception of the provisions of Minnesota Statutes, section 268.09, subdivision 1, paragraph (e), relating to expansion of the noncharging of benefits which are effective for all claimants who were separated because of conditions referenced therein on and after the effective date of the law or rule requiring their separation. A party to a proceeding before the department contesting this issue prior to July 1, 1996, shall be reimbursed as provided in Minnesota Statutes, section 15.471, subdivisions 4 and 5."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after "sections" insert "268.0122, by adding a subdivision;"

Page 1, line 5, delete "subdivisions" and insert "subdivision" and delete "and"

Page 1, line 6, delete "24"

Page 1, line 9, delete "268.12, by adding a subdivision;"

Page 1, line 15, delete "chapter" and insert "chapters 117; and"

With the recommendation that when so amended the bill pass.

The report was adopted.

Jennings from the Committees on General Legislation, Veterans Affairs, and Elections to which was referred:

S. F. No. 2584, A bill for an act relating to veterans; eliminating certain duties of the board of directors of the Minnesota veterans homes; amending Minnesota Statutes 1994, section 198.003, subdivision 1.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1994, section 198.002, subdivision 2, is amended to read:

Subd. 2. [MEMBERSHIP.] The board consists of nine voting members appointed by the governor with the advice and consent of the senate. The members of the board shall fairly represent the geographic areas of the state. The members are:

(1) a chair, designated by the governor;

(2) three public members experienced in policy formulation with professional experience in health care delivery; and

(3) five members experienced in policy formulation with professional experience in health care delivery who are members of congressionally chartered veterans organizations or their auxiliaries that have a statewide organizational structure and state level officers in Minnesota.

The commissioner of veterans affairs shall serve as an ex officio, nonvoting member of the board. The chair of the senate veterans affairs committee and the chair of the house committee on general legislation, veterans affairs, and gaming serve as ex officio, nonvoting members of the board if they are veterans. In the event that one or both of the chairs are not veterans, then any member of the respective committees who is a veteran may be designated by the chair to serve on the board."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "changing certain board membership requirements;" and delete "section" and insert "sections 198.002, subdivision 2; and"

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

The report was adopted.

H. F. Nos. 1648, 1918, 2069, 2194, 2357, 2453, 2588, 2816, 2902, 3055 and 3175 were read for the second time.

S. F. Nos. 2111, 2813, 1086, 1872, 1919 and 2584 were read for the second time.

The following House Files were introduced:

Dawkins introduced:

H. F. No. 3223, A bill for an act relating to retirement; changing previous governing state aid to police and firefighters relief associations; amending Minnesota Statutes 1994, section 423A.02; Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7.

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

Tompkins, by request, introduced:

H. F. No. 3224, A bill for an act relating to human services; establishing planning and development regions for coordinating services for the disabled and elderly; requiring the commissioner to present recommendations on benevolence funding; proposing coding for new law in Minnesota Statutes, chapter 256B.

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

Vickerman introduced:

H. F. No. 3225, A bill for an act relating to taxation; property; authorizing cities, towns, and counties to offer a prepayment discount; proposing coding for new law in Minnesota Statutes, chapter 279.

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

Johnson, V., and Haas introduced:

H. F. No. 3226, A bill for an act relating to motor vehicles; providing a tax reduction for motor vehicles powered primarily by alternative fuels; amending Minnesota Statutes 1994, section 168.013, by adding a subdivision.

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

Seagren and Anderson, B., introduced:

H. F. No. 3227, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on development of existing airport; requiring legislative approval of proposed development; requiring soundproofing of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

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

Smith and Mulder introduced:

H. F. No. 3228, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on

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

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

Holsten and Seagren introduced:

H. F. No. 3229, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on development of existing airport; requiring legislative approval of proposed development; requiring soundproofing of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

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

Kelley introduced:

H. F. No. 3230, A bill for an act relating to taxation; providing a reduced class rate for certain commercial-industrial property constructed in areas with developed infrastructure; amending Minnesota Statutes 1995 Supplement, section 273.13, subdivision 24.

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

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 2355, A bill for an act relating to local government; authorizing a city, county, or town to require certain information in applying for or as a condition of granting approval of permits required under official controls; amending Minnesota Statutes 1994, section 462.353, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 366 and 394.

Patrick E. Flahaven, Secretary of the Senate

Long moved that the House concur in the Senate amendments to H. F. No. 2355 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2355, A bill for an act relating to local government; authorizing a city, county, or town to require certain information in applying for or as a condition of granting approval of permits required under official controls; amending Minnesota Statutes 1994, section 462.353, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 366; and 394.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 131 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Knight                    

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 2207, A bill for an act relating to the environment; adopting changes to the Midwest Interstate Compact on Low-Level Radioactive Waste; making conforming changes; amending Minnesota Statutes 1994, sections 116C.831; 116C.832, subdivision 1, and by adding a subdivision; 116C.833, subdivision 2; 116C.834, subdivision 1, and by adding a subdivision; 116C.835, subdivision 6; 116C.836, subdivision 2; and 116C.842, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 116C; repealing Minnesota Statutes 1994, sections 116C.832, subdivisions 2, 7, and 8; 116C.837; 116C.839; 116C.840, subdivision 3; 116C.841; 116C.842, subdivisions 1, 2, and 3; 116C.845; 116C.846; 116C.847; and 116C.848.

Patrick E. Flahaven, Secretary of the Senate

Trimble moved that the House refuse to concur in the Senate amendments to H. F. No. 2207, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

S. F. No. 2698, A bill for an act relating to agencies; providing for the right to extend a deadline with certain conditions; amending Minnesota Statutes 1995 Supplement, section 15.99, subdivision 3.

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

H. F. No. 2873 was reported to the House.

Delmont and McCollum moved to amend H. F. No. 2873 as follows:

Page 5, delete lines 31 to 36

Page 6, delete lines 1 to 14

Page 6, line 15, before "City" insert "(8)"

Page 6, delete lines 27 to 36

Page 7, delete lines 1 to 4

Page 7, line 5, before "City" insert "(9)"

Page 7, line 7, delete the semicolon and lines 8 to 28 through "beginning"

Page 7, line 29, delete "4" and insert "2"

Page 7, line 30, delete "Sections 1 to 3" and insert "Section 1"

The motion prevailed and the amendment was adopted.

H. F. No. 2873, A bill for an act relating to state lands; authorizing sales of certain tax-forfeited lands that border public water in Anoka county.

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

H. F. No. 2889, A bill for an act relating to local government; the cities of Norwood and Young America in Carver county and their consolidation into the city of Norwood-Young America; repealing Extra Session Laws 1857, chapter 18, section 50; Special Laws 1874, chapter 78; Special Laws 1879, chapters 4 and 152; Special Laws 1881, chapters 31 and 101; Special Laws 1889, chapter 24; and Special Laws 1891, chapters 211 and 272.

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      Kraus        Onnen        Sviggum
Anderson, B. Finseth      Krinkie      Opatz        Swenson, D.
Anderson, R. Frerichs     Larsen       Orenstein    Swenson, H.
Bakk         Garcia       Leighton     Orfield      Sykora
JOURNAL OF THE HOUSE - 82nd Day - Top of Page 7302

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

H. F. No. 2953, A bill for an act relating to state government; long-term care insurance; providing for a study of coverage for retiring state employees.

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 103 yeas and 28 nays as follows:

Those who voted in the affirmative were:

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

Bettermann   Knight       Mulder       Seagren      Weaver
Broecker     Koppendrayer Olson, E.    Sviggum      Wolf
Dempsey      Kraus        Olson, M.    Swenson, H.  Worke
Girard       Krinkie      Osskopp      Sykora       Workman 
Haas         Lindner      Paulsen      Tuma         
Holsten      McElroy      Pellow       Vickerman    

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 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      Knoblach     Olson, E.    Solberg
JOURNAL OF THE HOUSE - 82nd Day - Top of Page 7303

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

H. F. No. 1313 was reported to the House.

Davids moved that H. F. No. 1313 be returned to General Orders. The motion prevailed.

H. F. No. 2528 was reported to the House.

Knoblach moved that H. F. No. 2528 be returned to General Orders. The motion prevailed.

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 today:

H. F. Nos. 2321, 2624, 2365, 2369, 2519, 2040 and 2245; and S. F. No. 1622.

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

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Olson, E.    Smith
Anderson, B. Farrell      Koppendrayer Olson, M.    Solberg
Anderson, R. Finseth      Kraus        Onnen        Stanek
Bakk         Garcia       Krinkie      Opatz        Sviggum
Bertram      Girard       Larsen       Orenstein    Swenson, D.
Bettermann   Goodno       Leighton     Orfield      Swenson, H.
Bishop       Greenfield   Leppik       Osskopp      Sykora
Boudreau     Greiling     Lieder       Osthoff      Tomassoni
Bradley      Gunther      Long         Ostrom       Tompkins
Broecker     Haas         Lourey       Otremba      Trimble
Brown        Hackbarth    Luther       Paulsen      Tuma
Carlson, L.  Harder       Lynch        Pawlenty     Tunheim
Carlson, S.  Hasskamp     Macklin      Pellow       Van Dellen
Carruthers   Hausman      Mahon        Pelowski     Van Engen
Clark        Holsten      Mares        Perlt        Vickerman
Commers      Huntley      Mariani      Peterson     Wagenius
JOURNAL OF THE HOUSE - 82nd Day - Top of Page 7304

Cooper       Jaros        Marko        Pugh         Warkentin
Daggett      Jefferson    McCollum     Rest         Weaver
Dauner       Johnson, A.  McElroy      Rhodes       Wejcman
Davids       Johnson, V.  McGuire      Rice         Wenzel
Dawkins      Kahn         Milbert      Rostberg     Winter
Dehler       Kalis        Molnau       Rukavina     Wolf
Delmont      Kelley       Mulder       Sarna        Worke
Dempsey      Kelso        Munger       Schumacher   Workman
Dorn         Kinkel       Murphy       Seagren      Sp.Anderson,I
Entenza      Knight       Ness         Skoglund     

Frerichs     Johnson, R.  Lindner      

H. F. No. 2624 was reported to the House.

Cooper moved that H. F. No. 2624 be returned to General Orders. The motion prevailed.

H. F. No. 2365, A bill for an act relating to natural resources; modifying open burning restrictions; empowering the commissioner to declare an emergency; modifying provisions relating to timber sales; amending Minnesota Statutes 1994, sections 88.171, subdivisions 4 and 10; 90.031, subdivision 4; 90.041, by adding a subdivision; 90.101, subdivision 1; 90.121; and 90.191, subdivision 1; Minnesota Statutes 1995 Supplement, section 88.171, 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 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 2369 was reported to the House.

Davids moved to amend H. F. No. 2369, the first engrossment, as follows:

Page 55, delete lines 21 to 33

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 2369, A bill for an act relating to financial institutions; regulating consumer credit; modifying rates, fees, and other terms and conditions; providing clarifying and technical changes; providing opportunities for state banks to develop their Minnesota markets through broader intrastate branching; regulating the use of credit cards by institutions; modifying interest rates, fees, and other terms and conditions governing the use of credit cards; providing technical corrections; amending Minnesota Statutes 1994, sections 9.031, subdivision 13; 13.71, by adding a subdivision; 46.041, subdivision 1; 46.044, subdivision 1; 47.10, subdivision 4; 47.101, as amended; 47.201, subdivision 2; 47.51; 47.62, subdivision 1; 48.09; 48.10; 48.185, subdivisions 3 and 4; 48.301; 48.34; 48.845, subdivision 4; 52.131; 53.01; 53.03, subdivision 1; 53.07, subdivision 2; 118.005, subdivision 1; 168.69; 168.705; 168.72, by adding a subdivision; 168.73; 300.025; 332.50, subdivision 2; 334.02; 334.03; Minnesota Statutes 1995 Supplement, sections 46.048, subdivision 2b; 47.20, subdivision 9; 47.52; 47.59, subdivisions 2, 3, 4, 5, 6, and by adding subdivisions; 47.60, subdivision 2; 47.61, subdivision 3; 48.153, subdivision 3a; 48.194; 48.65; 50.1485, subdivision 1; 50.245, subdivision 4; 53.04, subdivision 3a; 53.09, subdivision 2; 56.131, subdivisions 2, 4, and 6; 56.14; 62B.04, subdivisions 1 and 2; Laws 1995, chapter 171, section 70; proposing coding for new law in Minnesota Statutes, chapter 49; repealing Minnesota Statutes 1994, sections 47.201, subdivision 7; 47.27, subdivision 3; 48.185, subdivision 5; 48.94; 51A.01; 51A.02, subdivisions 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, and 56; 51A.03; 51A.04; 51A.041; 51A.05; 51A.06; 51A.065; 51A.07; 51A.08; 51A.09; 51A.10; 51A.11; 51A.12; 51A.13; 51A.131; 51A.14; 51A.15; 51A.16; 51A.17; 51A.19, subdivisions 1, 4, 5, 6, 7, 8, 10, 11, 12, and 13; 51A.20; 51A.21, subdivisions 1, 2, 3, 4, 5, 6a, 6b, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 20, 21, 22, 23, 24, 25, 26, and 27; 51A.22; 51A.23, subdivision 6; 51A.24; 51A.251; 51A.261; 51A.262; 51A.27; 51A.28; 51A.29; 51A.30; 51A.31; 51A.32; 51A.33; 51A.34; 51A.35; 51A.361; 51A.37; 51A.38; 51A.40; 51A.41; 51A.42; 51A.43; 51A.44; 51A.45; 51A.46; 51A.47; 51A.48; 51A.51; 51A.52; 51A.54; 51A.55; 51A.56; 51A.57; 53.04, subdivision 3b; Minnesota Statutes 1995 Supplement, sections 51A.02, subdivisions 6, 7, 26, 40, and 54; 51A.19, subdivision 9; 51A.21, subdivision 28; 51A.23, subdivisions 1 and 7; 51A.386; 51A.50; 51A.53; 51A.58; 53.04, subdivisions 3c and 4a; Minnesota Rules, parts 2655.0100; 2655.0200; 2655.0300; 2655.0400; 2655.0500; 2655.0600; 2655.0700; 2655.0800; 2655.0900; 2655.1100; 2655.1200; and 2655.1300.

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 80 yeas and 51 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 2519 was reported to the House.

Pelowski moved that H. F. No. 2519 be temporarily laid over on Special Orders. The motion prevailed.

H. F. No. 2040, A bill for an act relating to housing; providing for waiver of fees and surcharges imposed on motor vehicle registration data requests under certain circumstances; requiring the tenant's full name and date of birth in a written lease; requiring tenant screening reports and unlawful detainer case files to include certain information; requesting a study; amending Minnesota Statutes 1994, sections 168.345, subdivision 3, and by adding a subdivision; 504.012; 504.181, subdivision 1; 504.30, subdivision 4, and by adding a subdivision; and 566.05.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Davids       Krinkie                   

H. F. No. 2245 was reported to the House.

Worke moved to amend H. F. No. 2245, the first engrossment, as follows:

Page 7, after line 13 insert:

"Subd. 5. [WAIVER.] Upon request of the provider, the commissioner may waive the provisions of this section relating to registered nurse duties."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 2245, A bill for an act relating to health; modifying requirements relating to home care providers and housing with services establishments; providing for licensure of housing with services home care providers; amending Minnesota Statutes 1994, sections 144A.43, subdivision 4; 144A.45, subdivision 1; and 144A.46, subdivision 1; Minnesota Statutes 1995 Supplement, sections 144B.01, subdivision 5; 144D.01, subdivisions 4, 5, and 6; 144D.02; 144D.03; 144D.04; 144D.05; 144D.06; and 157.17, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 144A; repealing Minnesota Statutes 1994, section 144A.45, subdivision 3.

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 122 yeas and 10 nays as follows:

Those who voted in the affirmative were:

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

Bradley      Lindner      Van Dellen   Worke        
Knight       Olson, M.    Van Engen    
Krinkie      Sykora       Wolf         

S. F. No. 1622, A bill for an act relating to insurance; homeowner's; regulating proof of loss; proposing coding for new law in Minnesota Statutes, chapter 65A.

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

H. F. No. 2519 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Koppendrayer moved to amend H. F. No. 2519, the first engrossment, as follows:

Page 1, line 19, delete "or"

Page 2, line 2, before the period, insert: "; or

(4) 90 percent of the total reimbursable costs on the first $250,000 and 100 percent of any remaining costs in excess of $250,000 for corrective actions at any site at which less than 600,000 gallons per year have been dispensed"

The motion prevailed and the amendment was adopted.

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.

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

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

Clark moved that the name of Larsen be added as an author on H. F. No. 2040. The motion prevailed.

Wejcman moved that the name of Van Engen be added as an author on H. F. No. 2069. The motion prevailed.

Harder moved that the name of Gunther be added as an author on H. F. No. 2115. The motion prevailed.

Seagren moved that the names of Warkentin and Carlson, S., be added as authors on H. F. No. 2131. The motion prevailed.

Warkentin moved that the name of Jaros be added as an author on H. F. No. 2256. The motion prevailed.

Dorn moved that the names of Knoblach, Mares, Perlt and Pugh be added as authors on H. F. No. 2318. The motion prevailed.

Jennings moved that the name of Wenzel be added as an author on H. F. No. 2708. The motion prevailed.

Dorn moved that the names of Knoblach, Kahn, Tomassoni and Mares be added as authors on H. F. No. 2825. The motion prevailed.

Clark moved that the name of Skoglund be shown as chief author on H. F. No. 2833. The motion prevailed.

Mulder moved that the names of Anderson, R.; Cooper; Greenfield and Davids be added as authors on H. F. No. 3107. The motion prevailed.

Pugh moved that the name of Commers be added as an author on H. F. No. 3179. The motion prevailed.

Pelowski moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 19, 1996, when the vote was taken on the final passage of S. F. No. 2121, as amended." The motion prevailed.

Trimble moved that H. F. No. 2957 be recalled from the Committee on Regulated Industries and Energy and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance. The motion prevailed.

Peterson moved that H. F. No. 3222 be recalled from the Committee on Education and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance. The motion prevailed.

Seagren moved that H. F. No. 1996 be returned to its author. The motion prevailed.

Sykora moved that H. F. Nos. 2073 and 2075 be returned to their author. The motion prevailed.

Workman moved that H. F. No. 2208 be returned to its author. The motion prevailed.

Van Engen moved that H. F. No. 2516 be returned to its author. The motion prevailed.

Erhardt moved that H. F. No. 2819, now on General Orders, be returned to its author. The motion prevailed.

Tomassoni moved that H. F. No. 2851 be returned to its author. The motion prevailed.

Krinkie moved that H. F. No. 2998 be returned to its author. The motion prevailed.

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, February 22, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, February 22, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

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