Olson, E., and Pawlenty were excused.

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

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

H. F. No. 5, A bill for an act relating to health and human services; authorizing welfare reform; childhood immunization; social services programs; recovery of funds; requesting federal waivers for programs; employment, education, and training programs; allocation and use of funds; coverage of health services; informed consent; child

support; data collection and disclosure; tax credits; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 2; 256.01, subdivision 11, and by adding subdivisions; 256.031, subdivision 3; 256.035, subdivision 6d; 256.73, subdivision 8, and by adding subdivisions; 256.736, subdivisions 3, 3a, 4a, 5, 10, 10a, 16, and by adding a subdivision; 256.737, subdivisions 1a and 2; 256.74, by adding a subdivision; 256.81; 256.87, subdivisions 1, 1a, and 5; 256.979, by adding a subdivision; 256.983, subdivision 1; 256B.0625, subdivision 13; 256D.05, subdivisions 1 and 6; 256D.051, subdivisions 1, 1a, 2, 3, 3a, 3b, 6, 6b, 8, 9, 17, and by adding a subdivision; 256D.052, subdivision 3; 256D.09, by adding subdivisions; 268.12, subdivision 12; and 518.575; proposing coding for new law in Minnesota Statutes, chapters 145; 256; 256D; and 268; repealing Minnesota Statutes 1994, sections 256.734; 256D.051, subdivisions 10, 13, 14, and 15; 256D.052, subdivisions 1, 2, and 4; 256D.091; 256D.101; 256D.111; and 256D.113.

Reported the same back with the following amendments:

Page 11, line 8, after the period, insert "In seeking the waiver, the commissioner shall specifically request that, in instances where the county is vendoring payments for rent, the county shall retain the payments in a rent escrow account for AFDC families seeking to withhold rent to enforce rights under federal, state, or local housing laws."

Page 49, line 32, delete "both the"

Page 49, line 33, delete "and noncustodial parent" and insert "parents"

Pages 53 to 58, delete sections 1 to 5

Page 60, delete section 7

Renumber the sections in article 3 in sequence

Amend the title as follows:

Page 1, line 7, delete "informed consent;"

Page 1, line 24, delete "145;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 66, A bill for an act relating to occupations and professions; establishing the board of licensed professional counseling; requiring professional counselors to be licensed; requiring rulemaking; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 116J.70, subdivision 2a; 148A.01, subdivision 5; 148B.60, subdivision 3; 214.01, subdivision 2; 214.04, subdivision 3; and 609.341, subdivision 17; proposing coding for new law in Minnesota Statutes, chapter 148B.

Reported the same back with the following amendments:

Page 7, line 1, delete "and"

Page 7, line 3, delete the period and insert "; and"

Page 7, after line 3, insert:

"(12) be sensitive to and not discriminate based on the religious or moral values of the licensee or applicant in conducting all board actions relating to licensees or applicants."

Page 7, line 14, after "hours" insert ". In admitting a student into a master's degree program and in evaluating the performance of the student, the institution of higher education shall be sensitive to and not discriminate based on the religious or moral values of the student"

Page 11, after line 35, insert:

"Subd. 8. [EMPLOYMENT COUNSELORS.] Nothing in sections 3 to 15 shall limit the activities, services, titles, and descriptions of persons providing employment or vocational counseling services."

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

The report was adopted.

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

H. F. No. 217, A bill for an act relating to insurance; life; regulating living benefits settlements; adopting the NAIC viatical settlements model act; prescribing powers and duties; amending Minnesota Statutes 1994, section 13.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 60A.

Reported the same back with the following amendments:

Page 1, line 16, delete "60A.973" and insert "60A.974"

Page 3, line 35, delete "60A.973" and insert "60A.974"

Page 4, line 23, delete "60A.973" and insert "60A.974"

Page 4, line 28, delete everything after "is" and insert "$750 for initial licensure and $250 for each annual renewal"

Page 4, delete line 29

Page 4, line 30, delete everything before the period

Page 5, lines 18 and 21, delete "60A.973" and insert "60A.974"

Page 5, line 36, after "containing" insert "the following"

Page 6, delete line 1 and insert "for the previous calendar year:

(1) for each policy viaticated, the date that the viatical settlement was entered into; the life expectancy of the viator at the time of the contract; the face amount of the policy; the amount paid by the viatical settlement provider to viaticate the policy; and if the viator has died, the date of death and the total insurance premiums paid by the viatical settlement provider to maintain the policy in force;

(2) a breakdown of applications received, accepted, and rejected, by disease category;

(3) a breakdown of policies viaticated by issuer and policy type;

(4) the number of secondary market versus primary market transactions;

(5) the portfolio size; and

(6) the amount of outside borrowings."

Page 8, line 8, after the period, insert "Payment of the proceeds must be made by means of wire transfer to the viator or by certified check or cashier's check."

Page 8, after line 8, insert:

"Subd. 5. [LUMP SUM PAYMENT.] Payment of the proceeds under a viatical settlement must be made in a lump sum. Retention of a portion of the proceeds by the viatical settlement provider or escrow agent is not permissible. Payment must not be made by installments unless the viatical settlement company has purchased an annuity or similar financial instrument issued by a licensed insurance company or bank.

Subd. 6. [ADDITIONAL PAYMENT.] With respect to policies containing a provision for double or other additional indemnity for accidental death, the additional payment must remain payable to the beneficiary last named by the viator before entering into the viatical settlement agreement, or to a beneficiary designated by the viator, other than the viatical settlement provider, or in the absence of a designation, to the estate of the viator.

Subd. 7. [PROHIBITED PAYMENTS.] A viatical settlement provider or broker must not pay or offer to pay a finder's fee, commission, or other compensation to a viator's physician, attorney, accountant, or other person providing medical, legal, or financial planning services to the viator, or to any other person acting as an agent of the viator with respect to the viatical settlement.

Subd. 8. [DISCRIMINATION PROHIBITED.] A viatical settlement provider or broker must not discriminate in the making of viatical settlements on the basis of race, age, sex, national origin, creed, religion, occupation, marital or family status, or sexual orientation, or discriminate between viators with dependents and without.

Subd. 9. [HEALTH STATUS CONTACTS.] Contacts for the purpose of determining the health status of the viator by the viatical settlement provider or broker after the viatical settlement has occurred must not exceed one every three months for viators with a life expectancy of more than one year, and must not exceed one per month for viators with a life expectancy of one year or less. The provider or broker must explain the procedure for these contacts at the time the viatical settlement contract is entered into.

Subd. 10. [PROHIBITED INVESTOR SOLICITATION.] Viatical settlement providers and brokers shall not solicit investors who may influence the treatment of the illness of the viators whose coverage is the subject of the investment."

Page 8, line 9, delete "5" and insert "11"

Page 8, after line 11, insert:

"Sec. 12. [60A.971] [STANDARDS FOR EVALUATIONS OF REASONABLE PAYMENTS.]

In order to assure that viators receive a reasonable return for viaticating an insurance policy, the following are the minimum permitted discounts:

Minimum Percentage

of Face Value

Insured's Life ExpectancyLess Outstanding Loans

Received by Viator

Less than 6 months 80%

At least 6 but less than 12 months70%

At least 12 but less than 18 months65%

At least 18 but less than 24 months60%

Twenty-four months or more50%

The percentage may be reduced by five percent for viaticating a policy written by an insurer rated lower than the highest four categories by A.M. Best, or a comparable rating by another rating agency."

Page 8, line 12, delete "12" and insert "13" and delete "60A.971" and insert "60A.972"

Page 8, line 20, delete everything after "is" and insert "$750 for initial licensure and $250 for each annual renewal"

Page 8, delete line 21

Page 8, line 22, delete everything before the period

Page 8, delete lines 32 to 35

Page 8, line 36, delete "6" and insert "5"

Page 9, lines 13 and 34, delete "60A.973" and insert "60A.974"

Page 9, line 14, delete "7" and insert "6"

Page 9, line 18, delete "8" and insert "7"

Page 9, delete lines 23 to 32, and insert:

"Sec. 14. [60A.973] [ADVERTISING STANDARDS.]

Subdivision 1. [GENERALLY.] Advertising by viatical settlement providers or brokers must be truthful and not misleading by fact or implication.

Subd. 2. [AVERAGE TIME.] If the advertiser emphasizes the speed with which the viatication will occur, the advertising must disclose the average time frame from completed application to the date of offer and from acceptance of the offer to receipt of the funds by the viator.

Subd. 3. [AVERAGE PURCHASE PRICE.] If the advertising emphasizes the dollar amounts available to viators, the advertising shall disclose the average purchase prices as a percent of face value obtained by viators contracting with the advertiser during the previous six months."

Page 9, line 33, delete "60A.973" and insert "60A.974"

Page 10, line 1, delete "14" and insert "15"

Renumber the sections in sequence

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.

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

H. F. No. 228, A bill for an act relating to occupations and professions; board of medical practice; reinstating certain advisory councils.

Reported the same back with the following amendments:

Page 1, line 12, after the period, insert "These groups are subject to the expiration date in Minnesota Statutes, section 15.059, subdivision 5."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 244, A bill for an act relating to employment; establishing the governor's workforce development council to replace the governor's job training council; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, section 268.9755.

Reported the same back with the following amendments:

Page 2, line 5, delete "nine" and insert "seven"

Page 2, line 7, delete "five" and insert "seven"

Page 2, lines 29 and 32, delete "system" and insert "mission"

Page 3, line 12, delete "the appointment of the governor" and insert "their appointment"

Page 3, after line 14, insert:

"(h) Members of the council are compensated as provided in section 15.059, subdivision 3."

Page 5, after line 15, insert:

"Subd. 6. [EXPIRATION.] The council expires immediately if it is no longer required by federal law as a condition of receiving federal funding, or if there is no federal funding for the human resource programs within the scope of the council's duties."

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. 260, A bill for an act relating to bond allocation; providing for the allocation of certain bonding authority to the Western Lake Superior Sanitary District; amending Minnesota Statutes 1994, section 474A.03, subdivision 2a.

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

The report was adopted.

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

H. F. No. 273, A bill for an act relating to motor vehicles; allowing license plates for collector vehicles to be transferred and reissued; imposing fees; amending Minnesota Statutes 1994, section 168.10, subdivisions 1a, 1b, 1c, 1d, 1h, and by adding a subdivision.

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

The report was adopted.

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

H. F. No. 355, A bill for an act relating to the organization and operation of state government; providing supplemental appropriations for certain purposes.

Reported the same back with the following amendments:

Page 1, line 16, delete "3,243,000" and insert "3,097,000"

Page 2, line 1, delete "46,000"

Page 2, delete lines 2 to 8 and insert:

"$46,000 of the amount appropriated for fiscal year 1995 in Laws 1993, chapter 192, section 22, for the tuition reimbursement program may be transferred and used for special assessments due to the city of Roseville for National Guard property under Minnesota Statutes, section 435.19, subdivision 2."

Page 2, line 30, delete "600,000" and insert "500,000"

Page 2, delete section 9

Renumber the sections in sequence and correct internal references

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 385, A bill for an act relating to metropolitan airport planning; requiring the metropolitan airports commission and the metropolitan council to include certain information in the report to the legislature; amending Minnesota Statutes 1994, sections 473.616, by adding a subdivision; and 473.618.

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

The report was adopted.

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

H. F. No. 394, A bill for an act relating to state government; reducing appropriations to the legislature for fiscal year 1995; directing the governor to reduce certain appropriations for executive branch agencies.

Reported the same back with the following amendments:

Page 1, line 26, delete "that are"

Page 1, delete line 27

Page 2, line 1, delete "the biennium ending June 30, 1995, (2)"

Page 2, line 3, delete "(3)" and insert "(2)"

Page 2, line 5, before the period, insert ", which must not include any amounts which would, at the time of the unallotment, reasonably be expected to cancel or lapse at the conclusion of fiscal year 1995"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 450, A bill for an act relating to soil and water conservation district boards; providing that the office of soil and water conservation district supervisor is compatible with certain city and town offices; amending Minnesota Statutes 1994, sections 103C.315, by adding a subdivision; and 204B.06, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on General Legislation, Veterans Affairs and Elections.

The report was adopted.

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

H. F. No. 479, A bill for an act relating to parks and recreation; additions to and deletions from state parks; establishing a new state park and deleting two state waysides; amending Minnesota Statutes 1994, section 84.054, by adding a subdivision; repealing Minnesota Statutes 1994, section 85.013, subdivisions 13 and 20.

Reported the same back with the following amendments:

Page 2, line 32, delete "T.H." and insert "U.S. Route"

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. 488, A bill for an act relating to petroleum tank release cleanup fund; providing for payment for a site assessment prior to tank removal; amending Minnesota Statutes 1994, sections 115C.09, subdivision 2; and 115C.13; proposing coding for new law in Minnesota Statutes, chapter 115C.

Reported the same back with the following amendments:

Page 1, line 17, strike "a plan for"

Page 1, line 18, strike "action" and insert "actions" and after "excavation" insert "and treatment"

Page 1, line 22, strike "action plan" and insert "actions"

Page 1, line 23, strike "or" and insert a comma and after "installed" insert ", or completed"

Page 2, after line 29, insert:

"Sec. 2. Minnesota Statutes 1994, section 115C.09, subdivision 3, is amended to read:

Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) The board shall reimburse a responsible person who is eligible under subdivision 2 from the account for 90 percent of the total reimbursable costs on the first $250,000 and 75 percent on any remaining costs in excess of $250,000 on a site.

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

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

(c) When a responsible person has obtained legitimate competitive bids on a form prescribed by the board, the eligible costs for the tasks, procedures, services, materials, equipment, and tests of the lowest bidder are deemed to be reasonable by the board, absent evidence of fraud.

(d) For applications received on forms prescribed by the board which relate to rules promulgated under this chapter that designate maximum costs for specific tasks, procedures, services, materials, equipment and tests, the eligible costs incurred by the lowest bidder are deemed reasonable if the costs are at or below the maximums established in the rules.

(e) Costs incurred when change orders executed as prescribed in rules promulgated under this chapter are deemed reasonable if the costs are at or below the maximum set in the rules.

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

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

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

(f) (i) Except as provided in paragraph (1), the board shall reduce the amount of reimbursement to be made under this section if it finds that the responsible person has not complied with a provision of this chapter, a rule or order issued under this chapter, or one or more of the following requirements:

(1) at the time of the release the tank was in substantial compliance with state and federal rules and regulations applicable to the tank, including rules or regulations relating to financial responsibility;

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

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

(4) if the responsible person is an operator, the person exercised due care with regard to operation of the tank, including maintaining inventory control procedures.

(g) (j) Except as provided in paragraph (1), the reimbursement shall be reduced as much as 100 percent for failure by the responsible person to comply with the requirements in paragraph (f) (i), clauses (1) to (4). In determining the amount of the reimbursement reduction, the board shall consider:

(1) the likely environmental impact of the noncompliance;

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

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

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

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

(l) A reimbursement is not subject to reduction by the board if the commissioner has issued an administrative penalty order to the person requesting reimbursement or has entered into a stipulation agreement with the person requesting reimbursement for the same violation of Minnesota law or rules for which the board is considering reduction of the reimbursement.

Sec. 3. Minnesota Statutes 1994, section 115C.09, subdivision 3b, is amended to read:

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

(1) is not a responsible person under section 115C.02;

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

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

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

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

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "modifying reimbursement provisions;"

Page 1, line 5, delete "subdivision 2" and insert "subdivisions 2, 3, and 3b"

With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources without further recommendation.

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 496, A bill for an act relating to education; providing for disclosure of past buyout arrangements by superintendents to be; amending Minnesota Statutes 1994, section 123.34, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 123.34, is amended by adding a subdivision to read:

Subd. 9a. [DISCLOSE PAST BUYOUTS OR CONTRACT IS VOID.] (a) It is the public policy of the state of Minnesota that a previous buyout agreement in the circumstance described in paragraph (b) must be publicly disclosed before a person may enter into a superintendent's contract with a school board. The previous buyout agreement must be publicly disclosed in writing by the would-be superintendent to the hiring school board even if the would-be superintendent is a party to an agreement not to disclose some or all of the previous buyout agreement. The school board must provide candidates for superintendent with a copy of this act and require them to make the required disclosure in writing or write that there is nothing to disclose. If all the circumstances in paragraph (b) are present, the amounts, terms, and stated purpose for the payments or rights referred to in paragraph (b) must be disclosed by the would-be superintendent.

(b) The circumstances that require disclosure by a person under paragraph (a) are:

(1) the person was previously employed by a school district in Minnesota, or elsewhere, as a superintendent of schools, for a fixed term or indefinitely, subject to termination or discharge only for cause after a hearing;

(2) the person stopped performing some or all the services of a superintendent, before the term, if any, was up, and in any event, without being terminated or discharged for cause after a hearing, and did not resume regular and continuous performance of the stopped services;

(3) the person received a sum of money or the right to a sum of money from or on behalf of the school district for some purpose other than performing the services of a superintendent; and

(4) the person would not have received the money, or the right to the money, for that purpose, if the person had finished the term, if any, or been terminated or discharged for cause after hearing.

(c) Disclosure by a person is not required under paragraph (a) of information about the receipt of, or rights to, something of value from a school district that is in the nature of a fringe benefit that is available to a group of employees that is larger than the superintendent alone, under a school board policy that includes a formula for payments to all eligible members of the group.

(d) Once a person has either made a disclosure or indicated in writing that there is nothing to disclose under paragraph (a), the person is not required to make a further disclosure to that school board under paragraph (a) unless the person is employed as a superintendent of another school district in the interim.

(e) The superintendent's contract of a person who fails to make a timely written disclosure under paragraph (a) is void.

(f) The communication of the stated purpose for the payments referred to in paragraph (a) cannot be the subject of an action for libel, slander, or defamation.

Sec. 2. [EFFECTIVE DATE; APPLICATION.]

Section 1 is effective July 1, 1995, and applies to superintendents' contracts proposed to take effect after June 30, 1995, with a person not employed as the superintendent in the hiring district on June 30, 1995."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 503, A bill for an act relating to water; providing for the classification of water supply systems and wastewater treatment facilities and certification of operators by the department of health and the pollution control agency; appropriating money; amending Minnesota Statutes 1994, sections 115.71, subdivisions 1, 4, 8, 10, and by adding subdivisions; 115.72; 115.73; 115.75; 115.76; 115.77; and 144.99, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 115; repealing Minnesota Statutes 1994, sections 115.71, subdivisions 2, 3, and 3a; 115.74; 115.78; 115.79; 115.80; and 115.82.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 115.71, subdivision 1, is amended to read:

Subdivision 1. [APPLICABILITY.] As used in sections 115.71 to 115.82 115.77, the terms defined in this section have the meanings given them.

Sec. 2. Minnesota Statutes 1994, section 115.71, subdivision 4, is amended to read:

Subd. 4. [COUNCIL.] "Council" means the water and wastewater treatment operators certification advisory council established by section 115.74 115.741.

Sec. 3. Minnesota Statutes 1994, section 115.71, is amended by adding a subdivision to read:

Subd. 4a. [POPULATION EQUIVALENT.] "Population equivalent" means a number determined by dividing a daily pound load of five-day, 20-degree-centigrade carbonaceous biochemical oxygen demand (CBOD) of raw sewage by 0.17.

Sec. 4. Minnesota Statutes 1994, section 115.71, subdivision 8, is amended to read:

Subd. 8. [WASTEWATER TREATMENT FACILITY OPERATOR.] "Wastewater treatment facility operator" means a person who has direct responsibility for the operation of or operates a wastewater treatment facility.

Sec. 5. Minnesota Statutes 1994, section 115.71, is amended by adding a subdivision to read:

Subd. 9a. [WATER SUPPLY SYSTEM.] "Water supply system" means a public system providing pumped water for human consumption, if the system has at least 15 service connections or regularly serves at least 25 of the same persons over six months per year.

Sec. 6. Minnesota Statutes 1994, section 115.71, subdivision 10, is amended to read:

Subd. 10. [WATER SUPPLY SYSTEM OPERATOR.] "Water supply system operator" means a person who has direct responsibility for the operation of operates a community water supply system or such parts of the system as would affect the quality and safety of the water.

Sec. 7. Minnesota Statutes 1994, section 115.72, is amended to read:

115.72 [CLASSIFICATION.]

Subdivision 1. [COMMISSIONER OF HEALTH.] The commissioner of health shall classify adopt rules relating to the classification of all water supply systems actually used or intended for use by the public or by any considerable number of persons. The classes shall be based on the degree of hazard to public health together with, the type and loading of plant, and the population affected. The rules may be adopted jointly with the pollution control agency.

Subd. 2. [POLLUTION CONTROL AGENCY.] The commissioner of the pollution control agency shall classify adopt rules relating to the classification of all wastewater treatment facilities actually used or intended for use by the public or by any considerable number of persons. The classes shall be based on the degree of hazard to public health together with, the type and of unit process, the loading of the plant, and the population served or the average population equivalent of the sewage handled. The rules may be adopted jointly with the department of health.

Sec. 8. Minnesota Statutes 1994, section 115.73, is amended to read:

115.73 [CERTIFICATION REQUIRED.]

The commissioners of health and the pollution control agency shall certify water supply system operators and wastewater treatment facility operators, respectively, as to their qualifications to supervise the operation of water supply systems and wastewater treatment facilities based upon the recommendation of the council. A person may not operate a water supply system or wastewater treatment facility unless the system or facility maintains at least one person that:

(1) is certified in a class equal to or higher than the class of the system or facility; and

(2) has full and active responsibility for the daily on-site operation of the system or facility, or of a portion of the system or facility if an additional operator or operators with appropriate certification are responsible for the remaining portions.

Sec. 9. [115.733] [RULES.]

The commissioner of health and the agency shall adopt rules relating to the certification qualifications for each classification of water supply system operators and wastewater facility operators, respectively. The rules must provide for at least one examination for each class of certificate to be held each year.

Sec. 10. [115.741] [ADVISORY COUNCIL ON WATER SUPPLY SYSTEMS AND WASTEWATER TREATMENT FACILITIES.]

Subdivision 1. [PURPOSE; MEMBERSHIP.] The advisory council on water supply systems and wastewater treatment facilities shall advise the commissioners of health and the pollution control agency regarding classification of water supply systems and wastewater treatment facilities, qualifications and competency evaluation of water supply system operators and wastewater treatment facility operators, and additional laws, rules, and procedures that may be desirable for regulating the operation of water supply systems and of wastewater treatment facilities. The advisory council is composed of 11 voting members, of whom:

(1) one member must be from the department of health, division of environmental health, appointed by the commissioner of health;

(2) one member must be from the pollution control agency, water quality division, appointed by the commissioner of the pollution control agency;

(3) three members must be certified water supply system operators, appointed by the commissioner of health;

(4) three members must be certified wastewater treatment facility operators, appointed by the commissioner of the pollution control agency;

(5) one member must be a representative from an organization representing municipalities, appointed by the commissioner of health with the concurrence of the commissioner of the pollution control agency; and

(6) two members must be members of the public who are not associated with water supply systems or wastewater treatment facilities. One must be appointed by the commissioner of health and the other by the commissioner of the pollution control agency.

Subd. 2. [GEOGRAPHIC REPRESENTATION.] At least one of the water supply system operators and at least one of the wastewater treatment facility operators must be from outside the seven-county metropolitan area and one wastewater operator must come from the metropolitan council wastewater services.

Subd. 3. [TERMS; COMPENSATION.] The terms of the appointed members and the compensation and removal of all members are governed by section 15.059. The council expires June 30, 2000.

Subd. 4. [OFFICERS.] When new members are appointed to the council, a chair must be elected at the next council meeting. The department of health representative shall serve as secretary of the council.

Sec. 11. Minnesota Statutes 1994, section 115.75, is amended to read:

115.75 [OPERATOR CERTIFICATES.]

Subdivision 1. The commissioners of health and the pollution control agency shall upon recommendation of the council issue certificates to water supply system operators and wastewater treatment facility operators, respectively, attesting to the competency of the operators who meet the requirements of the rules adopted under section 115.733. The Each certificate shall must indicate the classification of the system or facility which the operator is qualified to supervise operate.

Subd. 2. Certificates shall must be prominently displayed in the office of the operator or other appropriate place on the premises of the plant or treatment facility.

Subd. 3. Certificates shall continue in effect are valid for a period of three years unless revoked or suspended by the commissioner of health or the commissioner of the pollution control agency prior to that time. Certificates may be renewed upon application to the commissioner of health or the appropriate commissioner of the pollution control agency.

Subd. 4. The commissioners may revoke the certificate of any operator under their respective jurisdictions following a hearing before the commissioner of health or the commissioner of the pollution control agency or a representative designated by the commissioners of health or the pollution control agency, when it is found that the operator has practiced fraud, or deception; that the operator was guilty of gross negligence or misconduct in the

performance of the operator's duties; or that the operator is incompetent or unable properly to perform those duties. [DENIAL, REFUSAL TO RENEW, REVOCATION, AND SUSPENSION.] The commissioner of health and the commissioner of the pollution control agency may deny, refuse to renew, revoke, or suspend the certification of a person subject to regulation under section 115.73 in accordance with section 144.99, subdivisions 8 to 10.

Subd. 5. The certificates of operators who terminate their employment at a water supply system or wastewater treatment facility will remain valid for the unexpired term of the certificate. Operators whose certificates expire under this section may be issued new certificates of a like classification provided appropriate proof of competency is presented to the council submitted to the appropriate commissioner. Successful completion of an examination may be required at the discretion of the council.

Subd. 6. [RECORDS.] The commissioner of health shall maintain records relating to certification of water supply system operators, and the commissioner of the pollution control agency shall maintain records relating to certification of wastewater treatment facility operators.

Sec. 12. Minnesota Statutes 1994, section 115.76, is amended to read:

115.76 [CERTIFICATES GIVEN WITHOUT EXAMINATION RECIPROCITY.]

The commissioner of health, in the case of water supply system operators, and the commissioner of the pollution control agency, in the case of wastewater treatment facility operators, upon application therefor, and recommendation of the council, may issue certificates without examination, in a comparable classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, providing the requirements for certification of operators under which the person's certificate was issued do not conflict with the provisions of sections 115.71 to 115.82 115.77 and are of a standard not lower than that specified by rules adopted under sections 115.71 to 115.82 115.77.

Sec. 13. Minnesota Statutes 1994, section 115.77, is amended to read:

115.77 [FEES.]

Subdivision 1. [ESTABLISHMENT OF FEE SCHEDULE FEES ESTABLISHED.] The council with the advice and approval of the state department of health and the Minnesota pollution control agency shall establish a schedule of fees for the filing of applications and the issuance of certificates by an appropriate rule promulgated in accordance with applicable state laws. The fees so established shall be reasonable and shall be related to the actual cost of the certification program. The following fees are established for the purposes indicated:

(1) application for examination, $35;

(2) issuance of certificate, $25;

(3) reexamination resulting from failure to pass an examination, $35;

(4) renewal of certificate, $25;

(5) replacement certificate, $10; and

(6) reinstatement or reciprocity certificate, $40.

Subd. 2. [FEES PAID TO STATE TREASURER.] All fees established pursuant to in subdivision 1 shall must be paid to the state department commissioner of health, in the case of water supply system operators, and to the Minnesota commissioner of the pollution control agency, in the case of wastewater treatment facility operators. The fees received by these agencies shall must be deposited in the state treasury and credited to the special revenue fund.

Sec. 14. Minnesota Statutes 1994, section 144.99, subdivision 1, is amended to read:

Subdivision 1. [REMEDIES AVAILABLE.] The provisions of chapters 103I and 157 and sections 115.71 to 115.82 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), and (15); 144.121; 144.35; 144.381 to 144.385; 144.411 to 144.417; 144.491; 144.495; 144.71 to 144.74; 144.871 to 144.878; 144.992; 326.37 to 326.45; 326.57 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules, orders, stipulation agreements, settlements, compliance

agreements, licenses, registrations, certificates, and permits adopted or issued by the department or under any other law now in force or later enacted for the preservation of public health may, in addition to provisions in other statutes, be enforced under this section.

Sec. 15. [APPROPRIATION.]

$....... is appropriated from the special revenue fund to the commissioner of health and $....... to the commissioner of the pollution control agency for the biennium ending June 30, 1997, for the purposes of sections 1 to 14.

Sec. 16. [REPEALER.]

Minnesota Statutes 1994, sections 115.71, subdivisions 2, 3, and 3a; 115.74; 115.78; 115.79; 115.80; and 115.82, are repealed."

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

The report was adopted.

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

H. F. No. 517, A bill for an act relating to health; establishing MN ENABL, a program to postpone sexual involvement in an effort to reduce adolescent pregnancy; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

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.

Rest from the Committee on Taxes to which was referred:

H. F. No. 520, A resolution memorializing Congress to amend the Jenkins Act, Public Law Number 363, 81st Congress, to require any person who makes or offers to make certain sales or transfers of tobacco products in interstate commerce for profit to file information reports with the state tobacco tax administrator; and, as supported by the Federation of Tax Administrators, to increase the penalty from a misdemeanor to a gross misdemeanor.

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.

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

H. F. No. 552, A bill for an act relating to state parks; adding territory to Split Rock Creek state park.

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

The report was adopted.

Rest from the Committee on Taxes to which was referred:

H. F. No. 603, A bill for an act relating to taxation; making technical and administrative changes, corrections, and clarifications; amending Minnesota Statutes 1994, sections 151.48; 270.47; 270.48; 270.485; 270.494; 270.50; 270.52; 270.53; 270.69, subdivision 10; 270B.03, subdivision 1; 270B.12, subdivision 2; 270B.14, subdivision 11; 272.121, subdivision 2;

273.11, subdivision 16; 273.1398, by adding a subdivision; 273.1399, subdivision 3; 273.17, subdivision 2; 275.065, subdivision 6; 276.04, subdivision 2; 284.28, subdivision 2; 289A.18, subdivision 4; 289A.50, subdivision 1; 290.032, subdivisions 1 and 2; 290.0671, subdivision 2; 290A.04, subdivisions 2h and 6; 295.50, subdivisions 1, 4, 7, and 13; 295.53, subdivisions 1, 2, and 5; 295.54, subdivision 1; 295.55, by adding a subdivision; 295.57; 296.01, subdivision 34; 296.025, subdivision 1; 296.12, subdivisions 3 and 4; 297A.01, subdivision 3; 297E.02, subdivisions 1, 6, and 11; 297E.031, subdivision 1; 297E.13, subdivision 5; 298.75, subdivision 2; 325D.33, subdivision 4; 349.163, subdivision 5; 428A.01, subdivision 5; 428A.03, by adding a subdivision; 428A.05; 469.177, subdivision 9; 473.446, subdivision 1; 473.711, subdivision 2; and 473F.02, subdivision 8; Laws 1994, chapter 587, article 1, section 27; repealing Minnesota Statutes 1994, sections 60A.15, subdivision 7; 270.49; and 270.493; Laws 1988, chapter 698, section 5; and Laws 1989, First Special Session chapter 1, article 7, section 9.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. Minnesota Statutes 1994, section 290.032, subdivision 1, is amended to read:

Subdivision 1. There is hereby imposed as an addition to the annual income tax for a taxable year of a taxpayer in the classes described in section 290.03 a tax with respect to any distribution received by such taxpayer that is treated as a lump sum distribution under section 402(e) 402(d) of the Internal Revenue Code and that is subject to tax for such taxable year under section 402(e) 402(d) of the Internal Revenue Code.

Sec. 2. Minnesota Statutes 1994, section 290.032, subdivision 2, is amended to read:

Subd. 2. The amount of tax imposed by subdivision 1 shall be computed in the same way as the tax imposed under section 402(e) 402(d) of the Internal Revenue Code, except that the initial separate tax shall be an amount equal to five times the tax which would be imposed by section 290.06, subdivision 2c, if the recipient was an unmarried individual, and the taxable net income was an amount equal to one-fifth of the excess of

(i) the total taxable amount of the lump sum distribution for the year, over

(ii) the minimum distribution allowance, and except that references in section 402(e) 402(d) of the Internal Revenue Code to paragraph (1)(A) thereof shall instead be references to subdivision 1, and the excess, if any, of the subtraction base amount over federal taxable income for a qualified individual as provided under section 290.0802, subdivision 2.

Sec. 3. Minnesota Statutes 1994, section 290A.04, subdivision 2h, is amended to read:

Subd. 2h. (a) If the gross property taxes payable on a homestead increase more than 12 percent over the net property taxes payable in the prior year on the same property that is owned and occupied by the same owner on January 2 of both years, and the amount of that increase is $100 or more for taxes payable in 1995 and 1996, a claimant who is a homeowner shall be allowed an additional refund equal to 60 percent of the amount of the increase over the greater of 12 percent of the prior year's net property taxes payable or $100 for taxes payable in 1995 and 1996. This subdivision shall not apply to any increase in the gross property taxes payable attributable to improvements made to the homestead after the assessment date for the prior year's taxes. This subdivision shall not apply to any increase in the gross property taxes payable attributable to the termination of valuation exclusions under section 273.11, subdivision 16.

The maximum refund allowed under this subdivision is $1,000.

(b) For purposes of this subdivision, the following terms have the meanings given:

(1) "Net property taxes payable" means property taxes payable minus refund amounts for which the claimant qualifies pursuant to subdivision 2 and this subdivision.

(2) "Gross property taxes" means net property taxes payable determined without regard to the refund allowed under this subdivision.

(c) In addition to the other proofs required by this chapter, each claimant under this subdivision shall file with the property tax refund return a copy of the property tax statement for taxes payable in the preceding year or other documents required by the commissioner.

(d) On or before December 1, 1995, the commissioner shall estimate the cost of making the payments provided by this subdivision for taxes payable in 1996. Notwithstanding the open appropriation provision of section 290A.23, if the estimated total refund claims for taxes payable in 1996 exceed $5,500,000, the commissioner shall first reduce the 60 percent refund rate enough, but to no lower a rate than 50 percent, so that the estimated total refund claims do not exceed $5,500,000. If the commissioner estimates that total claims will exceed $5,500,000 at a 50 percent refund rate, the commissioner shall also reduce the $1,000 maximum refund amount by enough so that total estimated refund claims do not exceed $5,500,000.

The determinations of the revised thresholds by the commissioner are not rules subject to chapter 14.

(e) Upon request, the appropriate county official shall make available the names and addresses of the property taxpayers who may be eligible for the additional property tax refund under this section. The information shall be provided on a magnetic computer disk. The county may recover its costs by charging the person requesting the information the reasonable cost for preparing the data. The information may not be used for any purpose other than for notifying the homeowner of potential eligibility and assisting the homeowner, without charge, in preparing a refund claim.

Sec. 4. Minnesota Statutes 1994, section 290A.04, subdivision 6, is amended to read:

Subd. 6. [INFLATION ADJUSTMENT.] Beginning for property tax refunds payable in calendar year 1996, the commissioner shall annually adjust the dollar amounts of the income thresholds and the maximum refunds under subdivisions 2 and 2a for inflation. The commissioner shall make the inflation adjustments in accordance with section 290.06, subdivision 2d, except that for purposes of this subdivision the percentage increase shall be determined from the year ending on August 31, 1993 1994, to the year ending on August 31 of the year preceding that in which the refund is payable. The commissioner shall use the appropriate percentage increase to annually adjust the income thresholds and maximum refunds under subdivisions 2 and 2a for inflation without regard to whether or not the income tax brackets are adjusted for inflation in that year. The commissioner shall round the thresholds and the maximum amounts, as adjusted to the nearest $10 amount. If the amount ends in $5, the commissioner shall round it up to the next $10 amount.

The commissioner shall annually announce the adjusted refund schedule at the same time provided under section 290.06. The determination of the commissioner under this subdivision is not a rule under the administrative procedure act.

Sec. 5. Laws 1994, chapter 587, article 1, section 27, is amended to read:

Sec. 27. [EFFECTIVE DATE.]

Sections 1, 7, 10, 13, 15, 16, and 22 are effective for taxable years beginning after December 31, 1993.

Section 2 is effective to be used as an offset against premium tax liabilities payable after November 30, 1995. If a guaranty association assessment was made before August 1, 1994, under Minnesota Statutes 1992, sections 61B.01 to 61B.16, and is revoked or invalidated, a subsequent assessment to pay the same liabilities shall not be eligible for the offset as provided for under Minnesota Statutes, section 60A.15, subdivision 15, and shall not be used in any calculation to determine the offset limitation under Minnesota Statutes, section 60A.15, subdivision 15, paragraph (c).

Sections 4 and 25, paragraph (b), are effective for installments of estimated taxes due after the day following enactment.

Section 5 is effective for taxable years beginning after December 31, 1994.

Section 8 is effective for wages paid or incurred after December 31, 1993.

Section 20 is effective to be used as an offset against tax liabilities payable after June 30, 1995. If a guaranty association assessment was made before August 1, 1994, under Minnesota Statutes 1992, sections 61B.01 to 61B.16 and is revoked or invalidated, a subsequent assessment to pay the same liabilities shall not be eligible for the offset as provided for under Minnesota Statutes, section 290.35, subdivision 6, and shall not be used in any calculation to determine the offset limitation under Minnesota Statutes, section 290.35, subdivision 6, paragraph (c).

Sec. 6. [REPEALER.]

Minnesota Statutes 1994, section 290A.04, subdivision 2i, and Laws 1989, First Special Session chapter 1, article 7, section 9, are repealed.

Sec. 7. [EFFECTIVE DATE.]

Sections 1 and 2 are effective for tax years beginning after December 31, 1994. Section 5 is effective for tax years beginning after December 31, 1993. Section 6 is effective for property taxes payable in 1995 and thereafter. Sections 3 and 4 are effective for refunds based on property taxes payable in 1996 and rent paid in 1995 and thereafter.

Section 1. Minnesota Statutes 1994, section 270.47, is amended to read:

270.47 [RULES.]

The board shall establish the rules necessary to accomplish the purpose of section 270.41, and shall establish criteria required of assessing officials in the state. Separate criteria may be established depending upon the responsibilities of the assessor. The board shall prepare and give examinations from time to time to determine whether assessing officials possess the necessary qualifications for performing the functions of the office. Such tests shall be given immediately upon completion of courses required by the board, or to persons who already possess the requisite qualifications under the rules of the board. Rules adopted by the board before July 1, 1981 to accomplish the purposes of sections 270.41 to 270.53, including those relating to licensure, are valid without compliance with the administrative procedure act.

Sec. 2. Minnesota Statutes 1994, section 270.48, is amended to read:

270.48 [LICENSURE OF QUALIFIED PERSONS.]

The board shall license persons as possessing the necessary qualifications of an assessing official. Different levels of licensure may be established as to classes of property which assessors may be certified to assess at the discretion of the board. Every person, except a local or county assessor, regularly employed by the assessor to assist in making decisions regarding valuing and classifying property for assessment purposes shall be required to become licensed within three years of the date of employment or June 1, 1975, whichever is later. Licensure shall be required for local and county assessors as otherwise provided in sections 270.41 to 270.53.

Sec. 3. Minnesota Statutes 1994, section 270.485, is amended to read:

270.485 [SENIOR ACCREDITATION.]

The legislature finds that the property tax system would be enhanced by requiring that every senior appraiser in the department of revenue's local government services property tax division obtain senior accreditation from the state board of assessors. Every senior appraiser, including the department's regional representatives, by January 1, 1990, and every county assessor within two years of the first appointment under section 273.061, or by January 1, 1992, whichever is later, must obtain senior accreditation from the state board of assessors. The board shall provide the necessary courses or training. If a department senior appraiser or regional representative fails to obtain or maintain senior accreditation by January 1, 1990, the failure shall be grounds for dismissal, disciplinary action, or corrective action. Except as provided in section 273.061, subdivision 2, paragraph (c), after December 30, 1991, the commissioner must not approve the appointment of a county assessor who is not senior accredited by the state board of assessors. No employee hired by the commissioner as a senior appraiser or regional representative after June 30, 1987, shall attain permanent status until the employee obtains senior accreditation.

Sec. 4. Minnesota Statutes 1994, section 270.494, is amended to read:

270.494 [CERTAIN TOWNSHIPS AND CITIES OPTION TO ELECT TO REINSTATE THE OFFICE OF ASSESSOR.]

Notwithstanding the provisions of sections 270.49, 270.493, and section 273.05, subdivision 1, a city or township in which the office of assessor has been eliminated because of failure of the city or township to certify by resolution to the commissioner of revenue its intention to employ or continue to employ a certified assessor on or before

April 1, 1972, pursuant to section 270.49, or failure to hire a certified assessor prior to June 15, 1975, pursuant to sections 270.493 and 270.50, or failure to fill a vacancy in the office within 90 days pursuant to section 273.05, subdivision 1, may elect, with the approval of the commissioner, to have the office of assessor reinstated by hiring a certified or accredited assessor. This section shall not apply to Ramsey county or to cities and townships located in counties which have elected a county assessment system in accordance with section 273.055.

Sec. 5. Minnesota Statutes 1994, section 270.50, is amended to read:

270.50 [EMPLOYMENT OF LICENSED ASSESSORS.]

Commencing June 15, 1975, No assessor shall be employed who has not been licensed as qualified by the board, provided the time to comply may be extended after application to the board upon a showing that licensed assessors are not available for employment. The board may license that a county or local assessor who has not received the training, but possesses the necessary qualifications for performing the functions of the office by the passage of an approved examination or may waive the examination if such person has demonstrated competence in performing the functions of the office for a period of time the board deems reasonable. The county or local assessing district shall assume the cost of training of its assessors in courses approved by the board for the purpose of obtaining the assessor's license to the extent of course fees, mileage, meals and lodging, and recognized travel expenses not paid by the state. If the governing body of any township or city fails to employ an assessor as required by sections 270.41 to 270.53, the assessment shall be made by the county assessor.

A town shall pay its assessor $20 for each day the assessor is attending approved courses or taking the examination. In addition, the town shall pay its assessor $10 for each approved course successfully completed and $20 upon licensure. The maximum payable to an assessor for successful completion of courses and licensure shall not exceed $50.

In the case of cities incorporated or townships organized after April 11, 1974 except cities or towns located in Ramsey county or which have elected a county assessor system in accordance with section 273.055, the board shall allow the city or town 90 days from the latter of June 3, 1977 or the date of incorporation or organization to employ a licensed assessor.

Sec. 6. Minnesota Statutes 1994, section 270.52, is amended to read:

270.52 [COSTS OF MAKING ASSESSMENTS.]

The cost of making any assessment provided in sections 270.41 to 270.53 shall be charged to the assessment district involved. The county auditor shall certify the costs incurred to the appropriate governing body not later than September August 1 of each year, and if unpaid as of October 10 September 1, the county auditor shall levy a tax upon the taxable property of such taxing district sufficient to pay such costs. The amount so collected shall be credited to the general revenue fund of the county.

Sec. 7. Minnesota Statutes 1994, section 270.53, is amended to read:

270.53 [EXISTING CONTRACTS FOR ASSESSMENT OF PROPERTY.]

Sections 270.41 to 270.53 shall not supersede existing contracts executed pursuant to section 273.072 or 471.59 except to the extent that such contracts may conflict with section 270.49 or 270.50 nor preclude contracts between a taxing district and the county for the assessment of property by the county assessor.

Sec. 8. Minnesota Statutes 1994, section 272.121, subdivision 2, is amended to read:

Subd. 2. [EXCEPTIONS.] No certification of current tax paid is required when the land is being conveyed to the federal government, the state, or a home rule charter or statutory city or any other political subdivision, or. No certification of current tax paid is required under subdivision 1 for any sheriff's or referee's certificate of sale or other instrument if a certification of delinquent tax for the instrument is not required under section 272.12.

Sec. 9. Minnesota Statutes 1994, section 273.11, subdivision 16, is amended to read:

Subd. 16. [VALUATION EXCLUSION FOR CERTAIN IMPROVEMENTS.] Improvements to homestead property made before January 2, 2003, shall be fully or partially excluded from the value of the property for assessment purposes provided that (1) the house is at least 35 years old at the time of the improvement and (2) either (a) the

assessor's estimated market value of the house on January 2 of the current year is equal to or less than $150,000, or (b) if the estimated market value of the house is over $150,000 market value but is less than $300,000 on January 2 of the current year, the property qualifies if

(i) it is located in a city or town in which 50 percent or more of the homes owner-occupied housing units were constructed before 1960 based upon the 1990 federal census, and

(ii) the city or town's median family income based upon the 1990 federal census is less than the statewide median family income based upon the 1990 federal census.

Any house which has an estimated market value of $300,000 or more on January 2 of the current year is not eligible to receive any property valuation exclusion under this section. For purposes of determining this eligibility, "house" means land and buildings.

The age of a residence is the number of years that the residence has existed at its present site. In the case of an owner-occupied duplex or triplex, the improvement is eligible regardless of which portion of the property was improved.

If the property lies in a jurisdiction which is subject to a building permit process, a building permit must have been issued prior to commencement of the improvement. Any improvement must add at least $1,000 to the value of the property to be eligible for exclusion under this subdivision. Only improvements to the structure which is the residence of the qualifying homesteader or construction of or improvements to no more than one two-car garage per residence qualify for the provisions of this subdivision. If an improvement was begun between January 2, 1992, and January 2, 1993, any value added from that improvement for the January 1994 and subsequent assessments shall qualify for exclusion under this subdivision provided that a building permit was obtained for the improvement between January 2, 1992, and January 2, 1993. Whenever a building permit is issued for property currently classified as homestead, the issuing jurisdiction shall notify the property owner of the possibility of valuation exclusion under this subdivision. The assessor shall require an application, including documentation of the age of the house from the owner, if unknown by the assessor. The application may be filed subsequent to the date of the building permit provided that the application is filed prior to the next assessment date.

After the adjournment of the 1994 county board of equalization meetings, no exclusion may be granted for an improvement by a local board of review or county board of equalization unless (1) a building permit was issued prior to the commencement of the improvement if the jurisdiction requires a building permit, and (2) an application was completed on a timely basis. No abatement of the taxes for qualifying improvements may be granted by a county board unless (1) a building permit was issued prior to commencement of the improvement if the jurisdiction requires a building permit, and (2) an application was completed on a timely basis.

The assessor shall note the qualifying value of each improvement on the property's record, and the sum of those amounts shall be subtracted from the value of the property in each year for ten years after the improvement has been made, at which time an amount equal to 20 percent of the qualifying value shall be added back in each of the five subsequent assessment years. The valuation exclusion shall terminate whenever (1) the property is sold, or (2) the property is reclassified to a class which does not qualify for treatment under this subdivision. Improvements made by an occupant who is the purchaser of the property under a conditional purchase contract do not qualify under this subdivision unless the seller of the property is a governmental entity. The qualifying value of the property shall be computed based upon the increase from that structure's market value as of January 2 preceding the acquisition of the property by the governmental entity.

The total qualifying value for a homestead may not exceed $50,000. The total qualifying value for a homestead with a house that is less than 70 years old may not exceed $25,000. The term "qualifying value" means the increase in estimated market value resulting from the improvement if the improvement occurs when the house is at least 70 years old, or one-half of the increase in estimated market value resulting from the improvement otherwise. The $25,000 and $50,000 maximum qualifying value under this subdivision may result from up to three separate improvements to the homestead. The application shall state, in clear language, that if more than three improvements are made to the qualifying property, a taxpayer may choose which three improvements are eligible, provided that after the taxpayer has made the choice and any valuation attributable to those improvements has been excluded from taxation, no further changes can be made by the taxpayer.

If 50 percent or more of the square footage of a structure is voluntarily razed or removed, the valuation increase attributable to any subsequent improvements to the remaining structure does not qualify for the exclusion under this subdivision. If a structure is unintentionally or accidentally destroyed by a natural disaster, the property is eligible for an exclusion under this subdivision provided that the structure was not completely destroyed. The qualifying value on property destroyed by a natural disaster shall be computed based upon the increase from that structure's market value as determined on January 2 of the year in which the disaster occurred. A property receiving benefits under the homestead disaster provisions under section 273.123 is not disqualified from receiving an exclusion under this subdivision. If any combination of improvements made to a structure after January 1, 1993, increases the size of the structure by 100 percent or more, the valuation increase attributable to the portion of the improvement that causes the structure's size to exceed 100 percent does not qualify for exclusion under this subdivision.

Sec. 10. Minnesota Statutes 1994, section 273.1398, is amended by adding a subdivision to read:

Subd. 2d. [AIDS DETERMINED AS OF JUNE 30.] For aid amounts authorized under subdivisions 2 and 3, and section 273.166: (i) if the effective date for a municipal incorporation, consolidation, annexation, detachment, dissolution, or township organization is on or before June 30 of the year preceding the aid distribution year, the change in boundaries or form of government shall be recognized for aid determinations for the aid distribution year; (ii) if the effective date for a municipal incorporation, consolidation, annexation, detachment, dissolution, or township organization is after June 30 of the year preceding the aid distribution year, the change in boundaries or form of government shall not be recognized for aid determinations until the following year.

Sec. 11. Minnesota Statutes 1994, section 273.17, subdivision 2, is amended to read:

Subd. 2. In counties where the county auditor has elected to discontinue the preparation of assessment books as provided by section 273.03, subdivision 2, such changes as provided for in subdivision 1 of this section, shall be recorded in a separate record prepared under the direction of the county assessor and shall identify, by description or property identification number, or both, the real estate affected, the previous year's net tax capacities and the new market values and net tax capacities, provided that if only property identification numbers are used they shall be such that shall permit positive identification of the real estate to which they apply. Such record shall further indicate the total amount of increase or decrease in net tax capacity contained therein. The county assessor shall make return of such record to the county auditor who shall be the official custodian thereof.

Such record shall be known as "County assessor's changes in real estate valuations for the year 19.........". Such records on file in the county auditor's office may be destroyed when they are more than 20 ten years old pursuant to the conditions for destruction of government records contained in Minnesota Statutes 1961, section 384.14 sections 138.161 to 138.25.

Sec. 12. Minnesota Statutes 1994, section 275.065, subdivision 6, is amended to read:

Subd. 6. [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.] Between November 29 and December 20, the governing bodies of the city, county, metropolitan special taxing districts as defined in subdivision 3, paragraph (i), and regional library districts shall each hold a public hearing to discuss and seek public comment on its final budget and property tax levy for taxes payable in the following year, and the governing body of the school district shall hold a public hearing to review its current budget and proposed property tax levy for taxes payable in the following year. The metropolitan special taxing districts shall be required to hold only a single joint public hearing, the location of which will be determined by the affected metropolitan agencies.

At a subsequent hearing, each county, school district, city, and metropolitan special taxing district may amend its proposed property tax levy and must adopt a final property tax levy. Each county, city, and metropolitan special taxing district may also amend its proposed budget and must adopt a final budget at the subsequent hearing. A school district is not required to adopt its final budget at the subsequent hearing. The subsequent hearing of a taxing authority must be held on a date subsequent to the date of the taxing authority's initial public hearing, or subsequent to the date of its continuation hearing if a continuation hearing is held. The subsequent hearing may be held at a regularly scheduled board or council meeting or at a special meeting scheduled for the purposes of the subsequent hearing. The subsequent hearing of a taxing authority does not have to be coordinated by the county auditor to prevent a conflict with an initial hearing, a continuation hearing, or a subsequent hearing of any other taxing authority. All subsequent hearings must be held prior to five working days after December 20 of the levy year.

The time and place of the subsequent hearing must be announced at the initial public hearing or at the continuation hearing.

The property tax levy certified under section 275.07 by a city, county, metropolitan special taxing district, regional library district, or school district must not exceed the proposed levy determined under subdivision 1, except by an amount up to the sum of the following amounts:

(1) the amount of a school district levy whose voters approved a referendum to increase taxes under section 124.82, subdivision 3, 124A.03, subdivision 2, 124B.03, subdivision 2, or 136C.411, after the proposed levy was certified;

(2) the amount of a city or county levy approved by the voters after the proposed levy was certified;

(3) the amount of a levy to pay principal and interest on bonds issued or approved by the voters under section 475.58 after the proposed levy was certified;

(4) the amount of a levy to pay costs due to a natural disaster occurring after the proposed levy was certified, if that amount is approved by the commissioner of revenue under subdivision 6a;

(5) the amount of a levy to pay tort judgments against a taxing authority that become final after the proposed levy was certified, if the amount is approved by the commissioner of revenue under subdivision 6a;

(6) the amount of an increase in levy limits certified to the taxing authority by the commissioner of education after the proposed levy was certified; and

(7) the amount required under section 124.755.

At the hearing under this subdivision, the percentage increase in property taxes proposed by the taxing authority, if any, and the specific purposes for which property tax revenues are being increased must be discussed. At the hearing held in 1993 only, specific information for previous year, current year, and proposed budget year must be presented on:

(i) percent of total proposed budget representing total compensation cost;

(ii) numbers of employees by general classification, and whether full or part time;

(iii) number and budgeted expenditures for independent contractors; and

(iv) the effect of budget increases or decreases on the proposed property tax levy.

During the discussion, the governing body shall hear comments regarding a proposed increase and explain the reasons for the proposed increase. The public shall be allowed to speak and to ask questions. At the subsequent hearing held as provided in this subdivision, the governing body, other than the governing body of a school district, shall adopt its final property tax levy prior to adopting its final budget.

If the hearing is not completed on its scheduled date, the taxing authority must announce, prior to adjournment of the hearing, the date, time, and place for the continuation of the hearing. The continued hearing must be held at least five business days but no more than 14 business days after the original hearing.

The hearing must be held after 5:00 p.m. if scheduled on a day other than Saturday. No hearing may be held on a Sunday. The governing body of a county shall hold a hearing on the second Tuesday in December each year, and may hold additional hearings on other dates before December 20 if necessary for the convenience of county residents. If the county needs a continuation of its hearing, the continued hearing shall be held on the third Tuesday in December. If the third Tuesday in December falls on December 21, the county's continuation hearing shall be held on Monday, December 20. The county auditor shall provide for the coordination of hearing dates for all cities and school districts within the county.

The metropolitan special taxing districts shall hold a joint public hearing on the first Monday of December. A continuation hearing, if necessary, shall be held on the second Monday of December.

By August 10, each school board and the board of the regional library district shall certify to the county auditors of the counties in which the school district or regional library district is located the dates on which it elects to hold its hearings and any continuations. If a school board or regional library district does not certify the dates by August 10, the auditor will assign the hearing date. The dates elected or assigned must not conflict with the hearing dates

of the county hearing dates or the metropolitan special taxing districts. The Ramsey county auditor shall coordinate with the metropolitan special taxing districts as defined in subdivision 3, paragraph (i), a date on which the metropolitan special taxing districts will hold their joint public hearing and any continuation. The metropolitan special taxing districts shall decide on mutually agreeable dates for their joint public hearing and for any continuation of that hearing and certify these dates to the Ramsey county auditor on or before July 25. By August 20, the county auditor shall notify the clerks of the cities within the county of the dates on which school districts, metropolitan special taxing districts, and regional library districts have elected to hold their hearings. At the time a city certifies its proposed levy under subdivision 1 it shall certify the dates on which it elects to hold its hearings and any continuations. The city must not select dates that conflict with the county hearing dates, metropolitan special taxing district dates, or with those elected by or assigned to the school districts or regional library district in which the city is located.

The county hearing dates and the city, metropolitan special taxing district, regional library district, and school district hearing dates must be designated on the notices required under subdivision 3. The continuation dates need not be stated on the notices.

This subdivision does not apply to towns and special taxing districts other than regional library districts and metropolitan special taxing districts.

Notwithstanding the requirements of this section, the employer is required to meet and negotiate over employee compensation as provided for in chapter 179A.

Sec. 13. Minnesota Statutes 1994, section 276.04, subdivision 2, is amended to read:

Subd. 2. [CONTENTS OF TAX STATEMENTS.] (a) The treasurer shall provide for the printing of the tax statements. The commissioner of revenue shall prescribe the form of the property tax statement and its contents. The statement must contain a tabulated statement of the dollar amount due to each taxing authority from the parcel of real property for which a particular tax statement is prepared. The dollar amounts due the county, township or municipality, the total of the metropolitan special taxing districts as defined in section 275.065, subdivision 3, paragraph (i), school district excess referenda levy, remaining school district levy, and the total of other voter approved referenda levies based on market value under section 275.61 must be separately stated. The amounts due all other special taxing districts, if any, may be aggregated. For the purposes of this subdivision, "school district excess referenda levy" means school district taxes for operating purposes approved at referenda, including those taxes based on net tax capacity as well as those based on market value. "School district excess referenda levy" does not include school district taxes for capital expenditures approved at referendums or school district taxes to pay for the debt service on bonds approved at referenda. The amount of the tax on contamination value imposed under sections 270.91 to 270.98, if any, must also be separately stated. The dollar amounts, including the dollar amount of any special assessments, may be rounded to the nearest even whole dollar. For purposes of this section whole odd-numbered dollars may be adjusted to the next higher even-numbered dollar. The amount of market value excluded under section 273.11, subdivision 16, if any, must also be listed on the tax statement. The statement shall include the following sentence, printed in upper case letters in boldface print: "THE STATE OF MINNESOTA DOES NOT RECEIVE ANY PROPERTY TAX REVENUES. THE STATE OF MINNESOTA REDUCES YOUR PROPERTY TAX BY PAYING CREDITS AND REIMBURSEMENTS TO LOCAL UNITS OF GOVERNMENT."

(b) The property tax statements for manufactured homes and sectional structures taxed as personal property shall contain the same information that is required on the tax statements for real property.

(c) Real and personal property tax statements must contain the following information in the order given in this paragraph. The information must contain the current year tax information in the right column with the corresponding information for the previous year in a column on the left:

(1) the property's estimated market value under section 273.11, subdivision 1;

(2) the property's taxable market value after reductions under section 273.11, subdivisions 1a and 16;

(3) the property's gross tax, calculated by multiplying the property's gross tax capacity times the total local tax rate and adding to the result the sum of the aids enumerated in clause (3);

(4) a total of the following aids:

(i) education aids payable under chapters 124 and 124A;

(ii) local government aids for cities, towns, and counties under chapter 477A; and

(iii) disparity reduction aid under section 273.1398;

(5) for homestead residential and agricultural properties, the homestead and agricultural credit aid apportioned to the property. This amount is obtained by multiplying the total local tax rate by the difference between the property's gross and net tax capacities under section 273.13. This amount must be separately stated and identified as "homestead and agricultural credit." For purposes of comparison with the previous year's amount for the statement for taxes payable in 1990, the statement must show the homestead credit for taxes payable in 1989 under section 273.13, and the agricultural credit under section 273.132 for taxes payable in 1989;

(6) any credits received under sections 273.119; 273.123; 273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 473H.10, except that the amount of credit received under section 273.135 must be separately stated and identified as "taconite tax relief"; and

(7) the net tax payable in the manner required in paragraph (a).

The commissioner of revenue shall certify to the county auditor the actual or estimated aids enumerated in clauses (3) and (4) that local governments will receive in the following year. In the case of a county containing a city of the first class, for taxes levied in 1991, and for all counties for taxes levied in 1992 and thereafter, the commissioner must certify this amount by September 1.

Sec. 14. Minnesota Statutes 1994, section 284.28, subdivision 2, is amended to read:

Subd. 2. Except as provided in subdivision 5, no cause of action or defense shall be asserted or maintained upon any claim adverse to the state, or its successors in interest, including but not limited to any claim based upon any failure, omission, error, or defect described in subdivision 1, respecting any lands claimed to have been forfeited to the state for taxes, unless such cause of action or defense is asserted in an action commenced within one year after the filing of the county auditor's certificate of forfeiture, as provided by section 281.23, subdivision 8 9, and acts supplementary thereto, or by any other law hereafter enacted providing for the filing and recording of such certificates.

Sec. 15. Minnesota Statutes 1994, section 298.75, subdivision 2, is amended to read:

Subd. 2. A county shall impose upon every importer and operator a production tax equal to ten cents per cubic yard or seven cents per ton of aggregate material removed except that the county board may decide not to impose this tax if it determines that in the previous year operators removed less than 20,000 tons or 14,000 cubic yards of aggregate material from that county. The tax shall be imposed on aggregate material produced in the county when the aggregate material is transported from the extraction site or sold, when in the case of storage the. When aggregate material is stored in a stockpile is within the state of Minnesota and the highways are a public highway, road or street is not used for transporting the aggregate material, the tax shall be imposed either when the aggregate material is sold, or when it is transported from the stockpile site, or when it is used from the stockpile, whichever occurs first. The tax shall be imposed on an importer when the aggregate material is imported into the county that imposes the tax.

If the aggregate material is transported directly from the extraction site to a waterway, railway, or another mode of transportation other than a highway, road or street, the tax imposed by this section shall be apportioned equally between the county where the aggregate material is extracted and the county to which the aggregate material is originally transported. If that destination is not located in Minnesota, then the county where the aggregate material was extracted shall receive all of the proceeds of the tax.

Sec. 16. Minnesota Statutes 1994, section 428A.01, subdivision 5, is amended to read:

Subd. 5. [NET TAX CAPACITY.] Except as provided in section 428A.05, "net tax capacity" means the net tax capacity most recently certified by the county auditor under section 428A.03, subdivision 1a, before the effective date of the ordinance or resolution adopted under section 428A.02 or 428A.03.

Sec. 17. Minnesota Statutes 1994, section 428A.03, is amended by adding a subdivision to read:

Subd. 1a. [CERTIFICATION OF NET TAX CAPACITY.] Upon a request of the city, the county auditor must certify the most recent net tax capacity of the taxable property subject to service charges within the special service district.

Sec. 18. Minnesota Statutes 1994, section 428A.05, is amended to read:

428A.05 [COLLECTION OF SERVICE CHARGES.]

Service charges may be imposed on the basis of the net tax capacity of the property on which the service charge is imposed but must be spread only upon the net tax capacity of the taxable property located in the geographic area described in the ordinance. Service charges based on net tax capacity may be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes. When made payable in the same manner as ad valorem taxes, service charges not paid on or before the applicable due date shall be subject to the same penalty and interest as in the case of ad valorem tax amounts not paid by the respective due date. The due date for a service charge payable in the same manner as ad valorem taxes is the due date given in law for the real or personal property tax for the property on which the service charge is imposed. Services charges imposed on net tax capacity which are to become payable in the following year must be certified to the county auditor by the date provided in section 429.061, subdivision 3, for the annual certification of special assessment installments. Other service charges imposed must be collected as provided by ordinance. Service charges based on net tax capacity collected under sections 428A.01 to 428A.10 are not included in computations under section 469.177, chapter 473F, or any other law that applies to general ad valorem levies. For the purpose of this section, "net tax capacity" means the net tax capacity most recently determined at the time that tax rates are determined under section 275.08.

Sec. 19. Minnesota Statutes 1994, section 473.446, subdivision 1, is amended to read:

Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT.] For the purposes of sections 473.404 to 473.449 and the metropolitan transit system, except as otherwise provided in this subdivision, the council shall levy each year upon all taxable property within the metropolitan transit taxing district, defined in subdivision 2, a transit tax consisting of:

(a) an amount which shall be used for payment of the expenses of operating transit and paratransit service and to provide for payment of obligations issued by the council under section 473.436, subdivision 6;

(b) an additional amount, if any, the council determines to be necessary to provide for the full and timely payment of its certificates of indebtedness and other obligations outstanding on July 1, 1985, to which property taxes under this section have been pledged; and

(c) an additional amount necessary to provide full and timely payment of certificates of indebtedness, bonds, including refunding bonds or other obligations issued or to be issued under section 473.39 by the council for purposes of acquisition and betterment of property and other improvements of a capital nature and to which the council has specifically pledged tax levies under this clause.

The property tax levied by the council for general purposes under clause (a) must not exceed the following amount for the years specified:

(1) for taxes payable in 1995, the council's property tax levy limitation for general transit purposes is equal to the former regional transit board's property tax levy limitation for general transit purposes under this subdivision, for taxes payable in 1994, multiplied by an index for market valuation changes equal to the total market valuation of all taxable property located within the metropolitan transit taxing district for the current assessment taxes payable year divided by the total market valuation of all taxable property located within the metropolitan transit taxing district for the previous assessment taxes payable year; and

(2) for taxes payable in 1996 and subsequent years, the product of (i) the council's property tax levy limitation for general transit purposes for the previous year determined under this subdivision multiplied by (ii) an index for market valuation changes equal to the total market valuation of all taxable property located within the metropolitan transit taxing district for the current taxes payable year divided by the total market valuation of all taxable property located within the metropolitan transit taxing district for the previous taxes payable year.

For the taxes payable year 1995, the index for market valuation changes shall be multiplied by an amount equal to the sum of the regional transit board's property tax levy limitation for the taxes payable year 1994 and $160,665. The $160,665 increase shall be a permanent adjustment to the levy limit base used in determining the regional transit board's property tax levy limitation for general purposes for subsequent taxes payable years.

For the purpose of determining the council's property tax levy limitation for general transit purposes under this subdivision, "total market valuation" means the total market valuation of all taxable property within the metropolitan transit taxing district without valuation adjustments for fiscal disparities (chapter 473F), tax increment financing (sections 469.174 to 469.179), and high voltage transmission lines (section 273.425).

The county auditor shall reduce the tax levied pursuant to this subdivision on all property within statutory and home rule charter cities and towns that receive full-peak service and limited off-peak service by an amount equal to the tax levy that would be produced by applying a rate of 0.510 percent of net tax capacity on the property. The county auditor shall reduce the tax levied pursuant to this subdivision on all property within statutory and home rule charter cities and towns that receive limited peak service by an amount equal to the tax levy that would be produced by applying a rate of 0.765 percent of net tax capacity on the property. The amounts so computed by the county auditor shall be submitted to the commissioner of revenue as part of the abstracts of tax lists required to be filed with the commissioner under section 275.29. Any prior year adjustments shall also be certified in the abstracts of tax lists. The commissioner shall review the certifications to determine their accuracy and may make changes in the certification as necessary or return a certification to the county auditor for corrections. The commissioner shall pay to the council the amounts certified by the county auditors on the dates provided in section 273.1398. There is annually appropriated from the general fund in the state treasury to the department of revenue the amounts necessary to make these payments.

For the purposes of this subdivision, "full-peak and limited off-peak service" means peak period regular route service, plus weekday midday regular route service at intervals longer than 60 minutes on the route with the greatest frequency; and "limited peak period service" means peak period regular route service only.

For the purposes of property taxes payable in the following year, the council shall annually determine which cities and towns qualify for the 0.510 percent or 0.765 percent tax capacity rate reduction and shall certify this list to the county auditor of the county wherein such cities and towns are located on or before September 15. No changes may be made to the annual list after September 15.

Sec. 20. Minnesota Statutes 1994, section 473.711, subdivision 2, is amended to read:

Subd. 2. [BUDGET; TAX LEVY.] The metropolitan mosquito control commission shall prepare an annual budget. The budget may provide for expenditures in an amount not exceeding the property tax levy limitation determined in this subdivision. The commission may levy a tax on all taxable property in the district as defined in section 473.702 to provide funds for the purposes of sections 473.701 to 473.716. The tax shall not exceed the property tax levy limitation determined in this subdivision. A participating county may agree to levy an additional tax to be used by the commission for the purposes of sections 473.701 to 473.716 but the sum of the county's and commission's taxes may not exceed the county's proportionate share of the property tax levy limitation determined under this subdivision based on the ratio of its total net tax capacity to the total net tax capacity of the entire district as adjusted by section 270.12, subdivision 3. The auditor of each county in the district shall add the amount of the levy made by the district to other taxes of the county for collection by the county treasurer with other taxes. When collected, the county treasurer shall make settlement of the tax with the district in the same manner as other taxes are distributed to political subdivisions. No county shall levy any tax for mosquito, disease vectoring tick, and black gnat (Simuliidae) control except under sections 473.701 to 473.716. The levy shall be in addition to other taxes authorized by law.

The property tax levied by the metropolitan mosquito control commission shall not exceed the product of (1) the commission's property tax levy limitation for the previous year determined under this subdivision multiplied by (2) an index for market valuation changes equal to the total market valuation of all taxable property located within the district for the current assessment taxes payable year divided by the total market valuation of all taxable property located within the district for the previous assessment taxes payable year.

For the purpose of determining the commission's property tax levy limitation under this subdivision, "total market valuation" means the total market valuation of all taxable property within the district without valuation adjustments for fiscal disparities (chapter 473F), tax increment financing (sections 469.174 to 469.179), and high voltage transmission lines (section 273.425).

Sec. 21. [REPEALER.]

Minnesota Statutes 1994, sections 270.49; and 270.493; and Laws 1988, chapter 698, section 5, are repealed.

Sec. 22. [EFFECTIVE DATE.]

Sections 1 to 5, 7 to 9, 11 to 18, and 21 are effective the day following final enactment. Section 6 is effective for taxes payable in 1997 and thereafter. Section 10 is effective for aids payable in 1995 and thereafter. Sections 19 and 20 are effective for taxes payable in 1995 and thereafter.

Section 1. Minnesota Statutes 1994, section 289A.18, subdivision 4, is amended to read:

Subd. 4. [SALES AND USE TAX RETURNS.] (a) Sales and use tax returns must be filed on or before the 20th day of the month following the close of the preceding reporting period, except that annual use tax returns provided for under section 289A.11, subdivision 1, must be filed by April 15 following the close of the calendar year, in the case of individuals. Annual use tax returns of businesses, including sole proprietorships, and annual sales tax returns must be filed by February 5 following the close of the calendar year.

(b) Except for the return for the June reporting period, which is due on the following August 25, returns filed by retailers required to remit liabilities by means of funds transfer under section 289A.20, subdivision 4, paragraph (d), are due on or before the 25th day of the month following the close of the preceding reporting period. The return for the May liability and 75 percent of the estimated June liability is due on the date payment of the estimated June liability is due, and on or before August 25 of a year, the retailer must file a return showing the actual June liability.

(c) If a retailer has an average sales and use tax liability, including local sales and use taxes administered by the commissioner, equal to or less than $500 per month in any quarter of a calendar year, and has substantially complied with the tax laws during the preceding four calendar quarters, the retailer may request authorization to file and pay the taxes quarterly in subsequent calendar quarters. The authorization remains in effect during the period in which the retailer's quarterly returns reflect sales and use tax liabilities of less than $1,500 and there is continued compliance with state tax laws.

(d) If a retailer has an average sales and use tax liability, including local sales and use taxes administered by the commissioner, equal to or less than $100 per month during a calendar year, and has substantially complied with the tax laws during that period, the retailer may request authorization to file and pay the taxes annually in subsequent years. The authorization remains in effect during the period in which the retailer's annual returns reflect sales and use tax liabilities of less than $1,200 and there is continued compliance with state tax laws.

(e) The commissioner may also grant quarterly or annual filing and payment authorizations to retailers if the commissioner concludes that the retailers' future tax liabilities will be less than the monthly totals identified in paragraphs (c) and (d). An authorization granted under this paragraph is subject to the same conditions as an authorization granted under paragraphs (c) and (d).

Sec. 2. Minnesota Statutes 1994, section 297A.01, subdivision 3, is amended to read:

Subd. 3. A "sale" and a "purchase" includes, but is not limited to, each of the following transactions:

(a) Any transfer of title or possession, or both, of tangible personal property, whether absolutely or conditionally, and the leasing of or the granting of a license to use or consume tangible personal property other than manufactured homes used for residential purposes for a continuous period of 30 days or more, for a consideration in money or by exchange or barter;

(b) The production, fabrication, printing, or processing of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the production, fabrication, printing, or processing;

(c) The furnishing, preparing, or serving for a consideration of food, meals, or drinks. "Sale" does not include:

(1) meals or drinks served to patients, inmates, or persons residing at hospitals, sanitariums, nursing homes, senior citizens homes, and correctional, detention, and detoxification facilities;

(2) meals or drinks purchased for and served exclusively to individuals who are 60 years of age or over and their spouses or to the handicapped and their spouses by governmental agencies, nonprofit organizations, agencies, or churches or pursuant to any program funded in whole or part through 42 USCA sections 3001 through 3045, wherever delivered, prepared or served; or

(3) meals and lunches served at public and private schools, universities, or colleges. Notwithstanding section 297A.25, subdivision 2, taxable food or meals include, but are not limited to, the following:

(i) heated food or drinks;

(ii) sandwiches prepared by the retailer;

(iii) single sales of prepackaged ice cream or ice milk novelties prepared by the retailer;

(iv) hand-prepared or dispensed ice cream or ice milk products including cones, sundaes, and snow cones;

(v) soft drinks and other beverages prepared or served by the retailer;

(vi) gum;

(vii) ice;

(viii) all food sold in vending machines;

(ix) party trays prepared by the retailers; and

(x) all meals and single servings of packaged snack food, single cans or bottles of pop, sold in restaurants and bars;

(d) The granting of the privilege of admission to places of amusement, recreational areas, or athletic events, except a world championship football game sponsored by the national football league, and the privilege of having access to and the use of amusement devices, tanning facilities, reducing salons, steam baths, turkish baths, health clubs, and spas or athletic facilities;

(e) The furnishing for a consideration of lodging and related services by a hotel, rooming house, tourist court, motel or trailer camp and of the granting of any similar license to use real property other than the renting or leasing thereof for a continuous period of 30 days or more;

(f) The furnishing for a consideration of electricity, gas, water, or steam for use or consumption within this state, or local exchange telephone service, intrastate toll service, and interstate toll service, if that service originates from and is charged to a telephone located in this state. Telephone service includes paging services and private communication service, as defined in United States Code, title 26, section 4252(d), except for private communication service purchased by an agent acting on behalf of the state lottery. The furnishing for a consideration of access to telephone services by a hotel to its guests is a sale under this clause. Sales by municipal corporations in a proprietary capacity are included in the provisions of this clause. The furnishing of water and sewer services for residential use shall not be considered a sale. The sale of natural gas to be used as a fuel in vehicles propelled by natural gas shall not be considered a sale for the purposes of this section;

(g) The furnishing for a consideration of cable television services, including charges for basic service, charges for premium service, and any other charges for any other pay-per-view, monthly, or similar television services;

(h) Notwithstanding section 297A.25, subdivisions 9 and 12, the sales of racehorses including claiming sales and fees paid for breeding racehorses or horses previously used for racing shall be considered a "sale" and a "purchase." "Racehorse" means a horse that is or is intended to be used for racing and whose birth has been recorded by the Jockey Club or the United States Trotting Association or the American Quarter Horse Association. "Sale" does not include fees paid for breeding horses that are not racehorses;

(i) The furnishing for a consideration of parking services, whether on a contractual, hourly, or other periodic basis, except for parking at a meter;

(j) The furnishing for a consideration of services listed in this paragraph:

(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not include services provided by coin operated facilities operated by the customer;

(ii) motor vehicle washing, waxing, and cleaning services, including services provided by coin-operated facilities operated by the customer, and rustproofing, undercoating, and towing of motor vehicles;

(iii) building and residential cleaning, maintenance, and disinfecting and exterminating services;

(iv) services provided by detective agencies services, security services, burglar, fire alarm, and armored car services not including services performed within the jurisdiction they serve by off-duty licensed peace officers as defined in section 626.84, subdivision 1;

(v) pet grooming services;

(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; tree, bush, shrub and stump removal; and tree trimming for public utility lines. Services performed under a construction contract for the installation of shrubbery, plants, sod, trees, bushes, and similar items are not taxable;

(vii) solid waste collection and disposal services as described in section 297A.45;

(viii) massages, except when provided by a licensed health care facility or professional or upon written referral from a licensed health care facility or professional for treatment of illness, injury, or disease; and

(ix) the furnishing for consideration of lodging, board and care services for animals in kennels and other similar arrangements, but excluding veterinary and horse boarding services.

The services listed in this paragraph are taxable under section 297A.02 if the service is performed wholly within Minnesota or if the service is performed partly within and partly without Minnesota and the greater proportion of the service is performed in Minnesota, based on the cost of performance. In applying the provisions of this chapter, the terms "tangible personal property" and "sales at retail" include taxable services and the provision of taxable services, unless specifically provided otherwise. Services performed by an employee for an employer are not taxable under this paragraph. Services performed by a partnership or association for another partnership or association are not taxable under this paragraph if one of the entities owns or controls more than 80 percent of the voting power of the equity interest in the other entity. Services performed between members of an affiliated group of corporations are not taxable. For purposes of this section, "affiliated group of corporations" includes those entities that would be classified as a member of an affiliated group under United States Code, title 26, section 1504, and who are eligible to file a consolidated tax return for federal income tax purposes;

(k) A "sale" and a "purchase" includes the transfer of computer software, meaning information and directions that dictate the function performed by data processing equipment. A "sale" and a "purchase" does not include the design, development, writing, translation, fabrication, lease, or transfer for a consideration of title or possession of a custom computer program; and

(l) The granting of membership in a club, association, or other organization if:

(1) the club, association, or other organization makes available for the use of its members sports and athletic facilities (without regard to whether a separate charge is assessed for use of the facilities); and

(2) use of the sports and athletic facilities is not made available to the general public on the same basis as it is made available to members.

Granting of membership includes both one-time initiation fees and periodic membership dues. Sports and athletic facilities include golf courses, tennis, racquetball, handball and squash courts, basketball and volleyball facilities, running tracks, exercise equipment, swimming pools, and other similar athletic or sports facilities. The provisions of this paragraph do not apply to camps or other recreation facilities owned and operated by an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1992, for educational and social activities for young people primarily age 18 and under.

Sec. 3. Minnesota Statutes 1994, section 297E.02, subdivision 1, is amended to read:

Subdivision 1. [IMPOSITION.] A tax is imposed on all lawful gambling other than (1) pull-tabs purchased and placed into inventory after January 1, 1987, and (2) tipboards purchased and placed into inventory after June 30, 1988, at the rate of ten percent on the gross receipts as defined in section 349.12 297E.01, subdivision 21 8, less prizes actually paid. The tax imposed by this subdivision is in lieu of the tax imposed by section 297A.02 and all local taxes and license fees except a fee authorized under section 349.16, subdivision 8, or a tax authorized under subdivision 5.

The tax imposed under this subdivision is payable by the organization or party conducting, directly or indirectly, the gambling.

Sec. 4. Minnesota Statutes 1994, section 297E.02, subdivision 6, is amended to read:

Subd. 6. [COMBINED RECEIPTS TAX.] In addition to the taxes imposed under subdivisions 1 and 4, a tax is imposed on the combined receipts of the organization. As used in this section, "combined receipts" is the sum of the organization's gross receipts from lawful gambling less gross receipts directly derived from the conduct of bingo, raffles, and paddlewheels, as defined in section 349.12 297E.01, subdivision 21 8, for the fiscal year. The combined receipts of an organization are subject to a tax computed according to the following schedule:

If the combined receipts for the

fiscal year are: The tax is:

Not over $500,000 zero

Over $500,000, but not over $700,000two percent of the amount

over $500,000, but not

over $700,000

Over $700,000, but not over $900,000$4,000 plus four percent

of the amount over

$700,000, but not over

$900,000

Over $900,000 $12,000 plus six percent

of the amount over

$900,000

Sec. 5. Minnesota Statutes 1994, section 297E.02, subdivision 11, is amended to read:

Subd. 11. [UNPLAYED OR DEFECTIVE PULL-TABS OR TIPBOARDS.] If a deal of pull-tabs or tipboards registered with the board or bar coded in accordance with chapter chapters 297E and 349 and upon which the tax imposed by subdivision 4 has been paid is returned unplayed to the distributor, the commissioner shall allow a refund of the tax paid.

If a defective deal registered with the board or bar coded in accordance with chapter chapters 297E and 349 and upon which the taxes have been paid is returned to the manufacturer, the distributor shall submit to the commissioner of revenue certification from the manufacturer that the deal was returned and in what respect it was defective. The certification must be on a form prescribed by the commissioner and must contain additional information the commissioner requires.

The commissioner may require that no refund under this subdivision be made unless the returned pull-tabs or tipboards have been set aside for inspection by the commissioner's employee.

Reductions in previously paid taxes authorized by this subdivision must be made when and in the manner prescribed by the commissioner.

Sec. 6. Minnesota Statutes 1994, section 297E.031, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION AND ISSUANCE.] A distributor who sells gambling products under this chapter must file an application with the commissioner an application, on a form prescribed by the commissioner, for a gambling tax permit and identification number. The commissioner, when satisfied that the applicant has a valid license from the board meets all applicable requirements under chapters 297E and 349, shall issue the applicant a permit and number. A permit is not assignable and is valid only for the distributor in whose name it is issued.

Sec. 7. Minnesota Statutes 1994, section 297E.13, subdivision 5, is amended to read:

Subd. 5. [UNTAXED GAMBLING EQUIPMENT.] It is a gross misdemeanor for a person to possess gambling equipment for resale in this state that has not been stamped or bar-coded in accordance with chapter chapters 297E and 349 and upon which the taxes imposed by chapter 297A or section 297E.02, subdivision 4, have not been paid. The director of gambling enforcement or the commissioner or the designated inspectors and employees of the director or commissioner may seize in the name of the state of Minnesota any unregistered or untaxed gambling equipment.

Sec. 8. Minnesota Statutes 1994, section 325D.33, subdivision 4, is amended to read:

Subd. 4. [WHOLESALER TO PRESERVE COPIES OF INVOICES.] Every person who sells cigarettes to persons other than the ultimate consumer shall prepare for each sale itemized invoices showing the seller's name and address, the purchaser's name and address, the date of sale, and all prices and discounts and shall keep legible copies of them for one year from the date of sale.

Sec. 9. Minnesota Statutes 1994, section 349.163, subdivision 5, is amended to read:

Subd. 5. [PULL-TAB AND TIPBOARD FLARES.] (a) A manufacturer may not ship or cause to be shipped into this state or sell for use or resale in this state any deal of pull-tabs or tipboards that does not have its own individual flare as required for that deal by this subdivision and rule of the board. A person other than a manufacturer may not manufacture, alter, modify, or otherwise change a flare for a deal of pull-tabs or tipboards except as allowed by this chapter or board rules.

(b) A manufacturer must comply with either paragraphs (c) to (g) or (f) to (j) with respect to pull-tabs and tipboards sold by the manufacturer before January 1, 1995, for use or resale in Minnesota or shipped into or caused to be shipped into Minnesota by the manufacturer before January 1, 1995. A manufacturer must comply with paragraphs (f) to (j) with respect to pull-tabs and tipboards sold by the manufacturer on and after January 1, 1995, for use or resale in Minnesota or shipped into or caused to be shipped into Minnesota by the manufacturer on and after January 1, 1995. Paragraphs (c) to (e) expire January 1, 1995.

(c) The flare of each deal of pull-tabs and tipboards sold by a manufacturer for use or resale in Minnesota must have the Minnesota gambling stamp affixed. The flare, with the stamp affixed, must be placed inside the wrapping of the deal which the flare describes.

(d) Each pull-tab and tipboard flare must bear the following statement printed in letters large enough to be clearly legible:

"Pull-tab (or tipboard) purchasers -- This pull-tab (or tipboard) game is not legal in Minnesota unless:

-- a Minnesota gambling stamp is affixed to this sheet, and

-- the serial number handwritten on the gambling stamp is the same as the serial number printed on this sheet and on the pull-tab (or tipboard) ticket you have purchased."

(e) The flare of each pull-tab and tipboard game must bear the serial number of the game, printed in numbers at least one-half inch high and must be imprinted with the following:

(1) the name of the game;

(2) the name of the manufacturer;

(3) the number of tickets in the deal; and

(4) other information the board by rule requires.

(f) The flare of each pull-tab and tipboard game must have affixed to or imprinted at the bottom a bar code that provides all information required by the commissioner of revenue under section 297E.04, subdivision 2.

The serial number included in the bar code must be the same as the serial number of the tickets included in the deal. A manufacturer who manufactures a deal of pull-tabs must affix to the outside of the box containing that game the same bar code that is affixed to or imprinted at the bottom of a flare for that deal.

(g) No person may alter the bar code that appears on the outside of a box containing a deal of pull-tabs and tipboards. Possession of a box containing a deal of pull-tabs and tipboards that has a bar code different from the bar code of the deal inside the box is prima facie evidence that the possessor has altered the bar code on the box.

(h) The flare of each deal of pull-tabs and tipboards sold by a manufacturer for use or resale in Minnesota must have imprinted on it a symbol that is at least one inch high and one inch wide consisting of an outline of the geographic boundaries of Minnesota with the letters "MN" inside the outline. The flare must be placed inside the wrapping of the deal which the flare describes.

(i) Each pull-tab and tipboard flare must bear the following statement printed in letters large enough to be clearly legible:

"Pull-tab (or tipboard) purchasers -- This pull-tab (or tipboard) game is not legal in Minnesota unless:

-- an outline of Minnesota with letters "MN" inside it is imprinted on this sheet, and

-- the serial number imprinted on the bar code at the bottom of this sheet is the same as the serial number on the pull-tab (or tipboard) ticket you have purchased."

(j) The flare of each pull-tab and tipboard game must have the serial number of the game imprinted on the bar code at the bottom of the flare in numerals at least one-half inch high.

Sec. 10. [REPEALER.]

Minnesota Statutes 1994, section 60A.15, subdivision 7, is repealed.

Sec. 11. [INSTRUCTIONS TO REVISOR.]

In the next edition of Minnesota Statutes, the revisor of statutes shall renumber section 297E.02, subdivision 5, as section 349.213, subdivision 3, and shall change all references to that section in Minnesota Statutes or Minnesota Rules accordingly.

Sec. 12. [EFFECTIVE DATE.]

Section 1 is effective for returns due in 1996 and thereafter. Sections 2 to 11 are effective the day following final enactment.

Section 1. Minnesota Statutes 1994, section 295.50, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] For purposes of sections 295.50 to 295.58 295.59, the following terms have the meanings given.

Sec. 2. Minnesota Statutes 1994, section 295.50, subdivision 4, is amended to read:

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

(1) a person furnishing any or all of the following goods or services directly to a patient or consumer: medical, surgical, optical, visual, dental, hearing, nursing services, drugs, medical supplies, medical appliances, laboratory, diagnostic or therapeutic services, or any goods and services not listed above that qualifies qualify for reimbursement under the medical assistance program provided under chapter 256B;

(2) a staff model health plan company; or

(3) a licensed an ambulance service required to be licensed.

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

Sec. 3. Minnesota Statutes 1994, section 295.53, subdivision 1, is amended to read:

Subdivision 1. [EXEMPTIONS.] The following payments are excluded from the gross revenues subject to the hospital, surgical center, or health care provider taxes under sections 295.50 to 295.57:

(1) payments received for services provided under the Medicare program, including payments received from the government, and organizations governed by sections 1833 and 1876 of title XVIII of the federal Social Security Act, United States Code, title 42, section 1395, and enrollee deductibles, coinsurance, and copayments, whether paid by the individual or by insurer or other third party. Payments for services not covered by Medicare are taxable;

(2) medical assistance payments including payments received directly from the government or from a prepaid plan;

(3) payments received for home health care services;

(4) payments received from hospitals or surgical centers for goods and services on which liability for tax is imposed under section 295.52 or the source of funds for the payment is exempt under clause (1), (2), (7), (8), or (10);

(5) payments received from health care providers for goods and services on which liability for tax is imposed under sections 295.52 to 295.57 this chapter or the source of funds for the payment is exempt under clause (1), (2), (7), (8), or (10);

(6) amounts paid for legend drugs, other than nutritional products, to a wholesale drug distributor reduced by reimbursements received for legend drugs under clauses (1), (2), (7), and (8);

(7) payments received under the general assistance medical care program including payments received directly from the government or from a prepaid plan;

(8) payments received for providing services under the MinnesotaCare program including payments received directly from the government or from a prepaid plan and enrollee deductibles, coinsurance, and copayments;

(9) payments received by a resident health care provider or the wholly owned subsidiary of a resident health care provider for care provided outside Minnesota to a patient who is not domiciled in Minnesota;

(10) payments received from the chemical dependency fund under chapter 254B;

(11) payments received in the nature of charitable donations that are not designated for providing patient services to a specific individual or group;

(12) payments received for providing patient services if the services are incidental to conducting medical research;

(13) payments received from any governmental agency for services benefiting the public, not including payments made by the government in its capacity as an employer or insurer;

(14) payments received for services provided by community residential mental health facilities licensed under Minnesota Rules, parts 9520.0500 to 9520.0690, community support programs and family community support programs approved under Minnesota Rules, parts 9535.1700 to 9535.1760, and community mental health centers as defined in section 245.62, subdivision 2;

(15) government payments received by a regional treatment center;

(16) payments received for hospice care services;

(17) payments received by a resident health care provider or the wholly owned subsidiary of a resident health care provider for medical supplies, appliances and equipment delivered outside of Minnesota;

(18) payments received for services provided by community supervised living facilities for persons with mental retardation or related conditions licensed under Minnesota Rules, parts 4665.0100 to 4665.9900;

(19) payments received by a post-secondary educational institution from student tuition, student activity fees, health care service fees, government appropriations, donations, or grants. Fee for service payments and payments for extended coverage are taxable; and

(20) (19) payments received for services provided by: residential care homes licensed under chapter 144B; board and lodging establishments providing only custodial services, that are licensed under chapter 157 and registered under section 157.031 to provide supportive services or health supervision services; and assisted living programs, and congregate housing programs, and other senior housing options.

Sec. 4. Minnesota Statutes 1994, section 295.53, subdivision 5, is amended to read:

Subd. 5. [DEDUCTIONS EXEMPTIONS FOR PHARMACIES.] (a) Pharmacies may deduct exclude from their gross revenues subject to tax payments for medical supplies, appliances, and devices that are exempt under subdivision 1, except payments under subdivision 1, clauses (3), (6), (9), (11), and (14) (1), (2), (4), (5), (7), (8), and (13).

(b) Resident pharmacies may deduct exclude from their gross revenues subject to tax payments received for medical supplies, appliances, and equipment delivered outside of Minnesota.

Sec. 5. Minnesota Statutes 1994, section 295.55, is amended by adding a subdivision to read:

Subd. 7. [EXTENSIONS FOR FILING RETURNS.] If good cause exists, the commissioner may extend the time for filing MinnesotaCare tax returns for not more than 60 days.

Sec. 6. Minnesota Statutes 1994, section 295.57, is amended to read:

295.57 [COLLECTION AND ENFORCEMENT; REFUNDS; RULEMAKING; APPLICATION OF OTHER CHAPTERS; INTEREST ON OVERPAYMENTS.]

Subdivision 1. [APPLICATION OF OTHER CHAPTERS.] Unless specifically provided otherwise by sections 295.50 to 295.58 295.59, the enforcement, interest, and penalty provisions under chapter 294, appeal provisions in sections 289A.43 and 289A.65, criminal penalties in section 289A.63, and refunds provisions in section 289A.50, and collection and rulemaking provisions under chapter 270, apply to a liability for the taxes imposed under sections 295.50 to 295.58 295.59.

Subd. 2. [INTEREST ON OVERPAYMENTS.] Interest must be paid on an overpayment refunded or credited to the taxpayer from the date of payment of the tax until the date the refund is paid or credited. For purposes of this subdivision, the date of payment is the due date of the return or the date of actual payment of the tax, whichever is later.

Sec. 7. [EFFECTIVE DATES.]

Sections 1 and 4 are effective the day following final enactment.

Sections 2 and 3 are effective for tax periods beginning on or after January 1, 1996.

Section 5 is effective for returns due on or after January 1, 1996.

Section 6 is retroactively effective from January 1, 1994.

Section 1. Minnesota Statutes 1994, section 270.69, subdivision 10, is amended to read:

Subd. 10. [LIMITATION FOR HOMESTEAD PROPERTY.] A lien imposed under this section upon property defined as homestead property in chapter 510 sections 510.01 and 510.02 may not be enforced against homestead property by levy under section 270.70, or by judgment lien foreclosure under chapter 550, but notwithstanding section 510.07, is enforceable against the proceeds from the sale, conveyance, or transfer of the homestead.

Sec. 2. Minnesota Statutes 1994, section 270B.03, subdivision 1, is amended to read:

Subdivision 1. [WHO MAY INSPECT.] Returns and return information must, on written request, be made open to inspection by or disclosure to the data subject. For purposes of this chapter, the following are the data subject:

(1) in the case of an individual return, that individual;

(2) in the case of an income tax return filed jointly, either of the individuals with respect to whom the return is filed;

(3) in the case of a partnership return, any person who was a member of the partnership during any part of the period covered by the return;

(4) in the case of the return of a corporation or its subsidiary:

(i) any person designated by resolution of the board of directors or other similar governing body;

(ii) any officer or employee of the corporation upon written request signed by any officer and attested to by the secretary or another officer;

(iii) any bona fide shareholder of record owning one percent or more of the outstanding stock of the corporation;

(iv) if the corporation is a corporation that has made an election under section 1362 of the Internal Revenue Code of 1986, as amended through December 31, 1988, any person who was a shareholder during any part of the period covered by the return during which an election was in effect; or

(v) if the corporation has been dissolved, any person authorized by state law to act for the corporation or any person who would have been authorized if the corporation had not been dissolved;

(5) in the case of an estate return:

(i) the personal representative or trustee of the estate; and

(ii) any heir at law, next of kin, or beneficiary of the estate, but only if the commissioner finds that the heir at law, next of kin, or beneficiary has a material interest that will be affected by information contained in the return;

(6) in the case of a trust return:

(i) the trustee or trustees, jointly or separately; and

(ii) any beneficiary of the trust, but only if the commissioner finds that the beneficiary has a material interest that will be affected by information contained in the return;

(7) if liability has been assessed to a transferee under section 289A.31, subdivision 3, the transferee is the data subject with regard to the returns and return information relating to the assessed liability; and

(8) in the case of an Indian tribal government or an Indian tribal government-owned entity,

(i) the chair of the tribal government, or

(ii) any person authorized by the tribal government; and

(9) in the case of a successor as defined in section 270.102, subdivision 1, paragraph (b), the successor is the data subject and information may be disclosed as provided by section 270.102, subdivision 4.

Sec. 3. Minnesota Statutes 1994, section 270B.12, subdivision 2, is amended to read:

Subd. 2. [MUNICIPALITIES LOCAL UNITS OF GOVERNMENT.] Sales and or use tax returns and return information are open to inspection by or disclosure to the taxing officials of any municipality local unit of government of the state of Minnesota that has a local sales or use tax, for the purpose of and to the extent necessary for the administration of the local sales and or use tax.

Sec. 4. Minnesota Statutes 1994, section 270B.14, subdivision 11, is amended to read:

Subd. 11. [DISCLOSURE TO COMMISSIONER OF HEALTH.] (a) On the request of the commissioner of health, the commissioner may disclose return information to the extent provided in paragraph (b) and for the purposes provided in paragraph (c).

(b) Data that may be disclosed are limited to the taxpayer's identity, as defined in section 270B.01, subdivision 5.

(c) The commissioner of health may request data only for the purposes of carrying out epidemiologic investigations, which includes conducting occupational health and safety surveillance, and locating and notifying individuals exposed to health hazards as a result of employment. Requests for data by the commissioner of health must be in writing and state the purpose of the request. Data received may be used only for the purposes of section 144.0525.

(d) The commissioner may disclose health care service revenue data to the commissioner of health as provided by section 62J.41, subdivision 2.

Sec. 5. Minnesota Statutes 1994, section 289A.50, subdivision 1, is amended to read:

Subdivision 1. [GENERAL RIGHT TO REFUND.] (a) Subject to the requirements of this section and section 289A.40, a taxpayer who has paid a tax in excess of the taxes lawfully due and who files a written claim for refund will be refunded or credited the overpayment of the tax determined by the commissioner to be erroneously paid.

(b) The claim must specify the name of the taxpayer, the date when and the period for which the tax was paid, the kind of tax paid, the amount of the tax that the taxpayer claims was erroneously paid, the grounds on which a refund is claimed, and other information relative to the payment and in the form required by the commissioner. An income tax, estate tax, or corporate franchise tax return, or amended return claiming an overpayment constitutes a claim for refund.

(c) When, in the course of an examination, and within the time for requesting a refund, the commissioner determines that there has been an overpayment of tax, the commissioner shall refund or credit the overpayment to the taxpayer and no demand is necessary. If the overpayment exceeds $1, the amount of the overpayment must be refunded to the taxpayer. If the amount of the overpayment is less than $1, the commissioner is not required to refund. In these situations, the commissioner does not have to make written findings or serve notice by mail to the taxpayer.

(d) If the amount allowable as a credit for withholding, estimated taxes, or dependent care exceeds the tax against which the credit is allowable, the amount of the excess is considered an overpayment. The refund allowed by section 290.06, subdivision 23, is also considered an overpayment. The requirements of section 270.10, subdivision 1, do not apply to the refunding of such an overpayment shown on the original return filed by a taxpayer.

(e) If the entertainment tax withheld at the source exceeds by $1 or more the taxes, penalties, and interest reported in the return of the entertainment entity or imposed by section 290.9201, the excess must be refunded to the entertainment entity. If the excess is less than $1, the commissioner need not refund that amount.

(f) If the surety deposit required for a construction contract exceeds the liability of the out-of-state contractor, the commissioner shall refund the difference to the contractor.

(g) An action of the commissioner in refunding the amount of the overpayment does not constitute a determination of the correctness of the return of the taxpayer.

(h) There is appropriated from the general fund to the commissioner of revenue the amount necessary to pay refunds allowed under this section.

Sec. 6. Minnesota Statutes 1994, section 296.01, subdivision 34, is amended to read:

Subd. 34. [SPECIAL FUEL.] "Special fuel" means (1) all combustible gases and liquid petroleum products or substitutes therefor including clear undyed diesel fuel, except gasoline, which are delivered into the supply tank of a licensed motor vehicle or into storage tanks maintained by an owner or operator of a licensed motor vehicle as a source of supply for such vehicle; (2) all combustible gases and liquid petroleum products or substitutes therefor, except gasoline, when delivered to a licensed special fuel dealer or to the retail service station storage of a distributor

who has elected to pay the special fuel excise tax as provided in section 296.12, subdivision 3; (3) all combustible gases and liquid petroleum products or substitutes therefor, except gasoline, which are used as aviation fuel; or (4) dyed fuel that is being used illegally in a licensed motor vehicle.

Sec. 7. Minnesota Statutes 1994, section 296.025, subdivision 1, is amended to read:

Subdivision 1. [TAX IMPOSED.] There is hereby imposed an excise tax of the same rate per gallon as the gasoline excise tax on all special fuel. For clear undyed diesel fuel, the tax is imposed on the first distributor who received the product in Minnesota. For dyed fuel being used illegally in a licensed motor vehicle, the tax is imposed on the owner or operator of the motor vehicle, or in some instances, on the dealer who supplied the fuel. For dyed fuel used in a motor vehicle but subject to a federal exemption, although no federal tax may be imposed, the fuel is subject to the state tax. For other fuels, including jet fuel, propane, and compressed natural gas, the tax is imposed on the distributor, special fuel dealer, or bulk purchaser. This tax is payable at the time and in the manner specified in this chapter. For purposes of this section, "owner or operator" means the operation of licensed motor vehicles, whether loaded or empty, whether for compensation or not for compensation, and whether owned by or leased to the motor carrier who operates them or causes them to be operated.

Sec. 8. Minnesota Statutes 1994, section 296.12, subdivision 3, is amended to read:

Subd. 3. [TAX COLLECTION, REPORTING AND PAYMENT.] (a) For clear undyed diesel fuel, the tax is imposed on the distributor who receives the fuel.

(b) For all other special fuels, the tax is imposed on the distributor, bulk purchaser, or special fuel dealer. The tax may be paid upon receipt or sale as follows:

(1) Distributors and special fuel dealers may, subject to the approval of the commissioner, elect to pay to the commissioner the special fuel excise tax on all special fuel delivered or sold into the supply tank of an aircraft or a licensed motor vehicle. Under this option an invoice must be issued at the time of each delivery showing the name and address of the purchaser, date of sale, number of gallons, price per gallon and total amount of sale. A separate sales ticket book shall be maintained for special fuel sales; and

(2) Bulk purchasers shall report and pay the excise tax on all special fuel purchased by them for storage, to the commissioner.

(c) Any person delivering special fuel on which the excise tax has not previously been paid, into the supply tank of an aircraft or a licensed motor vehicle shall report such delivery and pay the excise tax on the special fuel so delivered, to the commissioner.

Sec. 9. Minnesota Statutes 1994, section 296.12, subdivision 4, is amended to read:

Subd. 4. [MONTHLY REPORTS; SHRINKAGE ALLOWANCE.] On or before the 23rd day of each month, the persons subject to the provisions of this section shall file in the office of the commissioner at St. Paul, Minnesota, a report in the following manner:

(1) Distributors of clear undyed diesel fuel must file a monthly tax return with the department listing all purchases or receipts of clear undyed diesel fuel. Distributors may be allowed to take a credit or credits under section 296.14, subdivision 2.

(2) Distributors and dealers of special fuel other than clear undyed diesel fuel shall report the total number of gallons delivered to them during the preceding calendar month and shall pay the special fuel excise tax due thereon to the commissioner. The invoice must show the true and correct name and address of the purchaser, and the purchaser's signature. The report shall contain such other information as the commissioner may require.

(3) Distributors and dealers of special fuel other than clear undyed diesel fuel who have elected to pay the special fuel excise tax on all special fuel delivered into the supply tank of an aircraft or licensed motor vehicle as provided in subdivision 3, shall report the total number of gallons delivered into the supply tank of an aircraft or licensed motor vehicle during the preceding calendar month and shall pay the special fuel excise tax due thereon to the commissioner.

(4) Bulk purchasers shall report and pay the special fuel excise tax on all special fuel except clear undyed diesel fuel purchased by them for storage, during the preceding calendar month. In such cases as the commissioner may permit, credit for the excise tax due or previously paid on special fuel not used in aircraft or licensed motor vehicles, may be allowed in computing tax liability. The report shall contain such other information as the commissioner may require.

(5) In computing the special fuel excise tax due, a deduction of one percent of the quantity of special fuel on which tax is due shall be made for evaporation and loss.

(6) Each report shall contain a confession of judgment for the amount of the tax shown due thereon to the extent not timely paid.

Sec. 10. [EFFECTIVE DATE.]

Section 1 is effective for sales, conveyances, or transfers on or after the day following final enactment.

Sections 2 to 9 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to taxation; making technical and administrative changes, corrections, and clarifications; amending Minnesota Statutes 1994, sections 270.47; 270.48; 270.485; 270.494; 270.50; 270.52; 270.53; 270.69, subdivision 10; 270B.03, subdivision 1; 270B.12, subdivision 2; 270B.14, subdivision 11; 272.121, subdivision 2; 273.11, subdivision 16; 273.1398, by adding a subdivision; 273.17, subdivision 2; 275.065, subdivision 6; 276.04, subdivision 2; 284.28, subdivision 2; 289A.18, subdivision 4; 289A.50, subdivision 1; 290.032, subdivisions 1 and 2; 290A.04, subdivisions 2h and 6; 295.50, subdivisions 1 and 4; 295.53, subdivisions 1 and 5; 295.55, by adding a subdivision; 295.57; 296.01, subdivision 34; 296.025, subdivision 1; 296.12, subdivisions 3 and 4; 297A.01, subdivision 3; 297E.02, subdivisions 1, 6, and 11; 297E.031, subdivision 1; 297E.13, subdivision 5; 298.75, subdivision 2; 325D.33, subdivision 4; 349.163, subdivision 5; 428A.01, subdivision 5; 428A.03, by adding a subdivision; 428A.05; 473.446, subdivision 1; and 473.711, subdivision 2; Laws 1994, chapter 587, article 1, section 27; repealing Minnesota Statutes 1994, sections 60A.15, subdivision 7; 270.49; 270.493; and 290A.04, subdivision 2i; Laws 1988, chapter 698, section 5; and Laws 1989, First Special Session chapter 1, article 7, section 9."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 643, A bill for an act relating to water; requiring analysis of water quality and quantity data; requiring evaluation of the effectiveness of best management practices; authorizing increased well sealing cost-share grants; appropriating money; amending Minnesota Statutes 1994, sections 103A.43; 103H.151, by adding a subdivision; and 103I.331, subdivisions 4 and 6.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 103A.43, is amended to read:

103A.43 [WATER ASSESSMENTS AND REPORTS.]

(a) The environmental quality board shall evaluate and report to the legislative water commission and the legislative commission on Minnesota resources on statewide water research needs and recommended priorities for addressing these needs. Local water research needs may also be included.

(b) The environmental quality board shall work with the pollution control agency and the department of agriculture to coordinate a biennial assessment and analysis of water quality, groundwater degradation trends, and efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment and analysis must include an analysis of relevant monitoring data.

(c) The environmental quality board shall work with the department of natural resources to coordinate an assessment and analysis of the quantity of surface and ground water in the state and the availability of water to meet the state's needs.

(d) The environmental quality board shall coordinate and submit a report on water policy including the analyses in paragraphs (a) to (c) to the legislative water commission and the legislative commission on Minnesota resources by September 15 of each even-numbered year. The report may include the groundwater policy report in section 103A.204.

Sec. 2. Minnesota Statutes 1994, section 103G.271, subdivision 6, is amended to read:

Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as described in paragraphs (b) to (f), a water use permit processing fee must be prescribed by the commissioner in accordance with the following schedule of fees for each water use permit in force at any time during the year:

(1) 0.05 .... cents per 1,000 gallons for the first 50,000,000 gallons per year;

(2) 0.10 .... cents per 1,000 gallons for amounts greater than 50,000,000 gallons but less than 100,000,000 gallons per year;

(3) 0.15 .... cents per 1,000 gallons for amounts greater than 100,000,000 gallons but less than 150,000,000 gallons per year; and

(4) 0.20 .... cents per 1,000 gallons for amounts greater than 150,000,000 gallons but less than 200,000,000 gallons per year;

(5) 0.25 .... cents per 1,000 gallons for amounts greater than 200,000,000 gallons but less than 250,000,000 gallons per year;

(6) 0.30 .... cents per 1,000 gallons for amounts greater than 250,000,000 gallons but less than 300,000,000 gallons per year;

(7) 0.35 .... cents per 1,000 gallons for amounts greater than 300,000,000 gallons but less than 350,000,000 gallons per year;

(8) 0.40 .... cents per 1,000 gallons for amounts greater than 350,000,000 gallons but less than 400,000,000 gallons per year; and

(9) 0.45 .... cents per 1,000 gallons for amounts greater than 400,000,000 gallons per year.

(b) For once-through cooling systems, a water use processing fee must be prescribed by the commissioner in accordance with the following schedule of fees for each water use permit in force at any time during the year:

(1) for nonprofit corporations and school districts:

(i) 5.0 .... cents per 1,000 gallons until December 31, 1991;

(ii) 10.0 .... cents per 1,000 gallons from January 1, 1992, until December 31, 1996; and

(iii) 15.0 .... cents per 1,000 gallons after January 1, 1997; and

(2) for all other users, 20 .... cents per 1,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year and, except as provided in paragraph (f), the minimum fee is $50 $....

(d) For water use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $175,000 $....... per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) $35,000 $....... per year for an entity holding three or fewer permits;

(ii) $50,000 $....... per year for an entity holding four or five permits; and

(iii) $175,000 $....... per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 $....... per year; and

(4) the fee for a municipality that furnishes electric service and cogenerates steam for home heating may not exceed $10,000 $....... for its permit for water use related to the cogeneration of electricity and steam.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two percent per month calculated from the original due date must be imposed on the unpaid balance of fees remaining 30 days after the sending of a second notice of fees due. A fee may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal governmental agency holding a water appropriation permit.

(f) The minimum water use processing fee for a permit issued for irrigation of agricultural land is $10 $... for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1 and October 1.

(g) For once-through systems fees payable after July 1, 1993, 75 percent of the fees must be credited to a special account and are appropriated to the Minnesota public facilities authority for loans under section 446A.21.

Sec. 3. Minnesota Statutes 1994, section 103H.151, is amended by adding a subdivision to read:

Subd. 4. [EVALUATION.] The commissioners of agriculture and the pollution control agency shall, through field audits and other appropriate means, monitor the use and effectiveness of best management practices developed and promoted under this section. The information collected must be submitted to the environmental quality board, which must include the information in the report required in section 103A.43, paragraph (d).

Sec. 4. Minnesota Statutes 1994, section 103I.331, subdivision 4, is amended to read:

Subd. 4. [LANDOWNER WELL SEALING CONTRACTS.] (a) A county, or contracted local unit of government, may contract with landowners to share the cost of sealing priority wells in accordance with criteria established by the board of water and soil resources.

(b) The county must use the funds allocated from the board of water and soil resources to pay up to 75 percent, but not more than $2,000 of the cost of sealing priority wells. The board, with the assistance of the department of health, may review and approve a request above $2,000 for sealing a priority well.

(c) A well sealing contract must provide that:

(1) sealing is done in accordance with this chapter and rules of the commissioner of health relating to sealing of unused wells;

(2) payment is made to the landowner, after the well is sealed by a contractor licensed under this chapter; and

(3) the contractor must file a sealed well report and a copy of the well record with the commissioner of health.

Sec. 5. [APPROPRIATIONS.]

Subdivision 1. [GROUNDWATER MONITORING AND ASSESSMENT PROGRAM.] $900,000 is appropriated from the general fund to the commissioner of the pollution control agency for the groundwater monitoring and assessment program, to be available until June 30, 1997.

Subd. 2. [COUNTY GEOLOGIC ATLASES AND REGIONAL HYDROGEOLOGIC ASSESSMENTS.] $850,000 is appropriated from the general fund to the commissioner of natural resources for production of county geologic atlases and regional hydrogeologic assessments. This appropriation is available until June 30, 1997.

Subd. 3. [COORDINATING GROUNDWATER PROTECTION ACTIVITIES.] (a) $102,000 is appropriated from the general fund to the environmental quality board through the director of the office of strategic and long-range planning for the purposes of coordinating water protection activities, to be available until June 30, 1997.

(b) To provide the money appropriated in paragraph (a), the total appropriations from the general fund for the biennium ending June 30, 1997, for the following agencies are reduced by the amounts indicated:

(1) the department of health, $.......;

(2) the department of natural resources, $.......;

(3) the department of agriculture, $.......;

(4) the pollution control agency, $.......; and

(5) the board of water and soil resources, $........

Subd. 4. [WELL SEALING COST-SHARE GRANTS.] $500,000 is appropriated from the well management account for fiscal year 1997 to the board of water and soil resources for well sealing cost-share grants under Minnesota Statutes, section 103I.331.

Subd. 5. [PESTICIDES IN DRINKING WATER PILOT PROJECT.] $250,000 is appropriated from the special revenue fund to the commissioner of health for a pilot project to monitor additional pesticides and pesticide metabolites at selected public water supply systems that use surface water. The public water supply systems selected for the pilot project must represent regions of the state with the greatest potential for pesticide contamination. The Minnesota department of health must work with an advisory group representing a variety of interests in designing the pilot project. By January 15, 1997, the commissioner must provide a report to the legislative water commission on the findings of the pilot project. The report must include recommendations from the commissioner on whether the public water supply testing program under Minnesota Statutes, section 144.383, should be expanded to include the testing of additional pesticides and pesticide metabolites.

Subd. 6. [MINNESOTA INSTITUTE FOR SUSTAINABLE AGRICULTURE.] $300,000 is appropriated from the pesticide regulatory account to the commissioner of agriculture for a contract with the Minnesota institute for sustainable agriculture to gather, evaluate, publish, and disseminate sustainable agriculture information to a broad audience through both printed and electronic means. This appropriation is available until June 30, 1997. The Minnesota institute for sustainable agriculture must work in cooperation with the department of agriculture in carrying out this activity. By January 15, 1997, the executive director of the Minnesota institute for sustainable agriculture must provide a progress report to the legislative water commission on its activities funded under this section.

Subd. 7. [GRID DRILLING.] $50,000 is appropriated from the general fund to the department of natural resources for fiscal years 1996 and 1997 to develop and administer contracts with water well contractors for exploratory drilling and installation of observation wells to characterize the geologic and hydrologic conditions in the southwest region of the state where water supplies are difficult to locate. This appropriation is contingent on the receipt by the department of $100,000 in federal United States Geological Survey funds and $50,000 in local funds. Results must be reported to the legislative water commission by February 15, 1996, and February 15, 1997."

Delete the title and insert:

"A bill for an act relating to water; requiring analysis of water quality and quantity data; increasing certain water appropriation fees; requiring evaluation of the effectiveness of best management practices; authorizing increased well sealing cost-share grants; appropriating money; amending Minnesota Statutes 1994, sections 103A.43; 103G.271, subdivision 6; 103H.151, by adding a subdivision; and 103I.331, subdivision 4."

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

The report was adopted.

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

H. F. No. 782, A bill for an act relating to Western Lake Superior Sanitary District; providing for compliance with certain requirements of the Internal Revenue Code; proposing coding for new law in Minnesota Statutes, chapter 458D.

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

The report was adopted.

H. F. Nos. 5, 228, 273, 355, 394, 479, 496, 552, 603 and 782 were read for the second time.

The following House Files were introduced:

Clark and Wejcman introduced:

H. F. No. 894, A bill for an act relating to the board on aging; creating a new position to develop a statewide service system for Indian elders, and also coordinate efforts with the National Indian Council on Aging; appropriating money; amending Minnesota Statutes 1994, section 256.976, by adding a subdivision.

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

Vickerman; Girard; Swenson, H.; Peterson and Wenzel introduced:

H. F. No. 895, A bill for an act relating to tax increment financing; exempting districts established for purpose of constructing or expanding an agricultural processing facility from certain aid reductions; amending Minnesota Statutes 1994, section 273.1399, by adding a subdivision.

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

Brown; Anderson, I.; Ness and Smith introduced:

H. F. No. 896, A bill for an act relating to public administration; clarifying the authority and procedures of the board of government innovation and cooperation; establishing application procedures for cooperation planning grants; appropriating money; amending Minnesota Statutes 1994, sections 465.798; 465.799; 465.801; 465.81, subdivisions 1 and 3; 465.82, subdivision 2; 465.84; 465.85; and 465.87.

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

Pugh introduced:

H. F. No. 897, A bill for an act relating to retirement; reinstating the rule of 85; making participation for members of the public employees retirement association at the option of employing units of government; eliminating reporting requirements; amending Minnesota Statutes 1994, section 356.70, subdivision 1; repealing Minnesota Statutes 1994, section 356.70, subdivision 2.

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

Carruthers; Schumacher; Johnson, R.; Murphy and Weaver introduced:

H. F. No. 898, A bill for an act relating to crime prevention; changing reimbursement for soft body armor; providing for adjustment to the public safety officer's death benefit; amending Minnesota Statutes 1994, sections 299A.38, subdivision 2; and 299A.44.

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

Kinkel, Pelowski, Orenstein, Bettermann and Sykora introduced:

H. F. No. 899, A bill for an act relating to education; restricting the number of credits for which a student may be counted for appropriations; establishing a semester system and a common calendar; providing for interaction between administrators and students; providing for the increased efficiency of the Akita program; providing for the increased efficiency of campuses; amending Minnesota Statutes 1994, section 135A.031, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 136E.

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

Broecker, Bradley, Knight, Schumacher and McElroy introduced:

H. F. No. 900, A bill for an act relating to traffic regulations; allowing certain holders of disabled parking certificates to make their address or name and address private; amending Minnesota Statutes 1994, sections 13.99, by adding a subdivision; and 169.345, by adding a subdivision.

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

Swenson, D.; Kalis; Skoglund and Rhodes introduced:

H. F. No. 901, A bill for an act relating to drivers' licenses; requiring additional information in drivers' education programs, the driver's license application pamphlet, the driver's license examination, and the driver's manual regarding the legal and financial consequences of violating DWI-related laws; amending Minnesota Statutes 1994, sections 169.121, by adding a subdivision; 171.06, subdivision 3; and 171.13, subdivisions 1 and 1b.

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

Swenson, D.; Kalis; Wejcman; Skoglund and Rhodes introduced:

H. F. No. 902, A bill for an act relating to crimes; mandating license plate impoundment and vehicle forfeiture for multiple DWI-related offenses or certain offenses of driving without a driver's license; amending Minnesota Statutes 1994, sections 168.042, subdivision 2; and 169.1217, subdivision 1.

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

Rest; Carruthers; Pugh; Swenson, D., and Mulder introduced:

H. F. No. 903, A bill for an act relating to commerce; authorizing local units of government to license the retail sale of tobacco; requiring a county to license the retail sale of tobacco under certain conditions; providing for regular compliance checks for all licensed vendors; providing for mandatory penalties against license holders for sales to minors; amending Minnesota Statutes 1994, sections 461.12; 461.13; and 461.15; proposing coding for new law in Minnesota Statutes, chapter 461.

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

Tomassoni, Hackbarth, Kinkel, Bakk and Perlt introduced:

H. F. No. 904, A bill for an act relating to liability protection; providing certain liability protections for sport shooting ranges that comply with generally accepted operation practices; requiring rulemaking; proposing coding for new law in Minnesota Statutes, chapter 561.

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

Pelowski introduced:

H. F. No. 905, A bill for an act relating to education; changing transportation aid for kindergarten students; amending Minnesota Statutes 1994, sections 124.223, subdivision 1; and 124.225, subdivision 1.

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

Onnen introduced:

H. F. No. 906, A bill for an act relating to workers' compensation; providing and appointing an independent board to determine workers' compensation benefits in disputed cases; encouraging employers to hire employees with prior workers' compensation injuries; requiring a study; amending Minnesota Statutes 1994, section 480B.01, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 176.

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

Bertram introduced:

H. F. No. 907, A bill for an act relating to nursing facility resident classification; providing facilities the opportunity to correct errors in a request for reconsideration; amending Minnesota Statutes 1994, section 144.0722, subdivisions 3b and 4.

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

Lourey; Wejcman; Greenfield; Anderson, R., and Clark introduced:

H. F. No. 908, A bill for an act relating to economic security; providing funding to the foodshelf program; appropriating money.

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

Olson, E.; Dauner; Brown; Peterson and Cooper introduced:

H. F. No. 909, A bill for an act relating to natural resources; modifying provisions relating to wetlands; amending Minnesota Statutes 1994, sections 103G.222; 103G.2241; 103G.2242, subdivisions 1, 2, 6, 7, 9, 12, and by adding a subdivision; 103G.237, subdivision 4, and by adding a subdivision; and 103G.2372, subdivision 1.

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

Lourey; Anderson, R., and Hasskamp introduced:

H. F. No. 910, A bill for an act relating to children's services; establishing the department of children and education services; making related changes; appropriating money; amending Minnesota Statutes 1994, sections 126B.02, subdivision 1, and by adding a subdivision; 126B.03, subdivision 1; 126B.04; and 126B.05; proposing coding for new law in Minnesota Statutes, chapter 126B; proposing coding for new law as Minnesota Statutes, chapter 119A; repealing Minnesota Statutes 1994, sections 121.02, subdivisions 1, 2a, and 3; 121.03; 121.04, subdivision 2; and 126B.02, subdivisions 2, 3, and 4.

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

Skoglund, Bishop and Farrell introduced:

H. F. No. 911, A bill for an act relating to criminal procedure; tolling the statute of limitations while physical evidence relating to a crime is undergoing DNA analysis; amending Minnesota Statutes 1994, section 628.26.

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

Osskopp introduced:

H. F. No. 912, A bill for an act relating to taxation; allowing the city of Lake City to extend the duration of a tax increment financing district.

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

Davids introduced:

H. F. No. 913, A bill for an act relating to state lands; authorizing the sale of certain tax-forfeited land that borders public water in the city of Preston.

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

Peterson, Brown, Carlson and Johnson, A., introduced:

H. F. No. 914, A bill for an act relating to education; providing a grant for independent school district No. 128, Milan; appropriating money.

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

Rukavina, Dawkins, Mares, Solberg and McGuire introduced:

H. F. No. 915, A bill for an act relating to health; giving the commissioner of administration authority to negotiate contract prices for all prescription drugs sold in Minnesota; allowing correction orders to be issued; establishing a statewide drug formulary; requiring a pharmacy to post a sign on generic substitution; amending Minnesota Statutes 1994, sections 151.21, subdivisions 2, 3, and by adding a subdivision; and 256B.0625, subdivision 13; proposing coding for new law in Minnesota Statutes, chapters 16B; and 256.

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

Murphy and Winter introduced:

H. F. No. 916, A bill for an act relating to taxation; providing an increased local government aid distribution to certain cities; amending Minnesota Statutes 1994, section 477A.013, subdivision 9.

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

Hugoson, Jaros, Dauner and Girard introduced:

H. F. No. 917, A bill for an act relating to agriculture; requiring permits for certain specialized food processing operations, wholesale food processors and manufacturers, food packagers, and salvage food processors; providing for certification and training of certain food handlers; proposing coding for new law in Minnesota Statutes, chapter 31.

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

Winter, Brown, Peterson and Schumacher introduced:

H. F. No. 918, A bill for an act relating to agriculture; providing for the prevention of economic waste in the marketing of certain agricultural crops produced in Minnesota by establishing minimum prices; providing for supply management and orderly marketing, administration, and enforcement; appropriating money; imposing a penalty; proposing coding for new law in Minnesota Statutes, chapter 17.

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

Swenson, D.; Long; Rice; Dawkins and Seagren introduced:

H. F. No. 919, A bill for an act relating to the state lottery; prohibiting the lottery from promulgating advertising intended to induce participation in the lottery; prohibiting advertising the lottery as a form of entertainment; reducing the percentage of gross revenues that the lottery may spend on advertising; amending Minnesota Statutes 1994, sections 349A.09, subdivision 2; and 349A.10, subdivision 3.

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

Mariani, Kinkel, Clark and Carlson introduced:

H. F. No. 920, A bill for an act relating to education; modifying staff development and teacher preparation curriculum to include American Indian tribal history, government, and culture; modifying the graduation rule to include an understanding of American Indians; amending Minnesota Statutes 1994, section 126.70, subdivision 2a; and Laws 1994, chapter 647, article 7, section 15.

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

Goodno, Girard, Dauner, Van Dellen and Knoblach introduced:

H. F. No. 921, A bill for an act relating to workers' compensation; modifying provisions relating to procedures and benefits; providing penalties; amending Minnesota Statutes 1994, sections 79.211, subdivision 1; 175.16; 176.011, subdivision 25; 176.021, subdivisions 1, 3 and 3a; 176.061, subdivision 10; 176.081, subdivisions 1, 7a, and 9; 176.101, subdivisions 1, 2, 4, 5, 6, 8, and by adding subdivisions; 176.102, subdivision 11; 176.105, subdivision 4; 176.106; 176.111, subdivisions 6, 7, 8, 12, 14, 15, and 20; 176.135, subdivision 1; 176.178; 176.179; 176.191, subdivisions 5, 7, 8, and by adding a subdivision; 176.221, subdivision 6a; 176.238, subdivisions 3, 4, 5, and 6; 176.239, subdivisions 1, 2, 3, 4, 5, 7, 8, 9, and 10; 176.291; 176.305, subdivisions 1, 1a, 2, and 4; 176.321, subdivisions 2 and 3; 176.322; 176.645, subdivision 1; 176.66, subdivision 11; 176.82; and 268.08, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 175; and 176; repealing Minnesota Statutes 1994, sections 175.007; 176.011, subdivision 26; 176.081, subdivisions 2, 5, 7, and 8; 176.101, subdivisions 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 3u; 176.132; 176.133; and 176.191, subdivision 6.

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

Wejcman; Lourey; Greenfield; Anderson, R., and Boudreau introduced:

H. F. No. 922, A bill for an act relating to human services; appropriating money for the WIC program.

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

Johnson, R., and Bertram introduced:

H. F. No. 923, A bill for an act relating to retirement; state employees; contribution rates and annuity formulas for correctional employees; amending Minnesota Statutes 1994, sections 352.92, subdivisions 1 and 2; 352.93, subdivision 2; 352.95, subdivision 1; and 356.30, subdivision 1.

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

Winter, Mulder and Girard introduced:

H. F. No. 924, A bill for an act relating to water; establishing a grant program to support water exploration activity; appropriating money.

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

Johnson, R.; Murphy; Jefferson; Smith and Perlt introduced:

H. F. No. 925, A bill for an act relating to retirement; permitting employees of the teachers retirement association to terminate membership in the association; proposing coding for new law in Minnesota Statutes, chapter 354.

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

Davids introduced:

H. F. No. 926, A bill for an act relating to education; authorizing eligibility for debt service aid to independent school district No. 238, Mabel-Canton.

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

Bishop, Pugh, Smith, McGuire and Skoglund introduced:

H. F. No. 927, A bill for an act relating to domestic abuse; eliminating hearing requirements in certain cases; providing for notices; amending Minnesota Statutes 1994, section 518B.01, subdivisions 5 and 7.

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

Harder, Hugoson and Girard introduced:

H. F. No. 928, A bill for an act relating to taxation; providing for the establishment of tax increment financing districts in the city of Lakefield; providing that the districts are exempt from the state aid offset; defining regional tax capacity.

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

Boudreau, Tuma, Brown, Otremba and Daggett introduced:

H. F. No. 929, A bill for an act relating to crime; authorizing law enforcement agencies to sell forfeited firearms; amending Minnesota Statutes 1994, section 609.5315, subdivisions 1 and 2.

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

Kelley, Wolf, Tunheim, Ozment and Delmont introduced:

H. F. No. 930, A bill for an act relating to telecommunications; requiring telephone companies to provide telephone lines for independent public pay telephone service providers; requiring a flat rate for this access; proposing coding for new law in Minnesota Statutes, chapter 237.

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

Wagenius, Mariani, Rice, Wolf and Rhodes introduced:

H. F. No. 931, A bill for an act proposing an amendment to the Minnesota Constitution, article XIV, sections 5, 6, 7, and 8; permitting the highway user tax distribution fund to be used for public highways, bicycle and pedestrian paths, and public transit; apportioning the trunk highway fund between the metropolitan area and greater Minnesota.

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

Jaros introduced:

H. F. No. 932, A bill for an act relating to retirement; Duluth fire and police joint consolidation account in the public employees police and fire fund; authorizing certain benefit recomputations and additional postretirement adjustments for certain eligible retirees.

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

Farrell, Hausman, Kahn, Skoglund and Wenzel introduced:

H. F. No. 933, A bill for an act relating to health; giving the commissioner of administration authority to negotiate contract prices for all prescription drugs sold in Minnesota; allowing correction orders to be issued; establishing a statewide drug formulary; requiring a pharmacy to post a sign on generic substitution; amending Minnesota Statutes 1994, sections 151.21, subdivisions 2, 3, and by adding a subdivision; and 256B.0625, subdivision 13; proposing coding for new law in Minnesota Statutes, chapters 16B; and 256.

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

Delmont and Swenson, D., introduced:

H. F. No. 934, A bill for an act relating to alcoholic beverages; imposing restrictions on certain sales practices during certain hours; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Farrell, Lourey, Jennings and Rhodes introduced:

H. F. No. 935, A bill for an act relating to human services; changing provisions for child support; amending Minnesota Statutes 1994, sections 518.171, subdivision 1; 518.54, subdivisions 2 and 6, and by adding a subdivision; 518.551, subdivisions 1, 5, 5a, 5b, and by adding a subdivision; 518.57, subdivision 2; and 518.64, subdivisions 2 and 4.

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

Swenson, D.; Skoglund; McGuire; Van Engen and Wejcman introduced:

H. F. No. 936, A bill for an act relating to alcoholic beverages; imposing civil third-party liability for damages caused by intoxication of persons under age 21; prohibiting certain subrogation claims; prohibiting certain exclusions from homeowner or renter insurance policies; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Swenson, D.; Skoglund; McGuire; Rhodes and Van Engen introduced:

H. F. No. 937, A bill for an act relating to crimes; requiring modifications to the sentencing guidelines to raise the severity level for crimes involving the failure to stop and give notification at the site of a traffic accident.

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

Swenson, D.; Van Engen; McGuire; Wejcman and Rhodes introduced:

H. F. No. 938, A bill for an act relating to crimes; creating a lower per se level of alcohol concentration for persons under 21 years of age for driving, snowmobiling, and motorboating while intoxicated; lowering alcohol concentration threshhold to 0.04 as relevant evidence of influence of alcohol on motorboat operator; making technical changes; amending Minnesota Statutes 1994, sections 84.81, by adding subdivisions; 84.91, subdivision 1; 84.911, subdivision 1; 86B.005, by adding subdivisions; 86B.331, subdivisions 1 and 4; 86B.335, subdivision 1; 169.01, subdivision 61; 169.121, subdivisions 1, 2, and 10a; 169.1211, subdivisions 1 and 3; 169.123, subdivisions 2, 4, 5a, and 6; 360.0752, subdivisions 1, 2, and 5; and 360.0753, subdivision 2.

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

Swenson, H., introduced:

H. F. No. 939, A bill for an act relating to human services; barring a county welfare agency from pursuing court action to obtain child support in certain circumstances; amending Minnesota Statutes 1994, section 256.87, by adding a subdivision.

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

Macklin; Anderson, R.; Mulder; Bradley and Haas introduced:

H. F. No. 940, A bill for an act relating to human services; extending welfare fraud penalties to the Minnesota family investment plan; providing a method of lien enforcement in the AFDC program; authorizing voluntary vendor payments in the AFDC program; expanding the fraud prevention investigation project on a regional basis into counties with smaller AFDC caseloads; establishing the program integrity reinvestment project based on statewide guidelines and performance standards; providing for disqualification in diverted cases; authorizing voluntary vendor payments in the GA and MSA programs; expanding the timeframe for establishing food stamp claims; modifying recovery incentives to allow state sharing in recoveries received through the federal tax revenue offset program; authorizing the use of affidavits of collection without the appointment of a personal representative; revising the protections from income attachments; creating an automated statewide fraud data system; amending Minnesota Statutes 1994, sections 256.034, subdivision 1; 256.73, subdivision 2; 256.98, subdivisions 1 and 8; 256.983, subdivision 4, and by adding a subdivision; 393.07, subdivision 10; 524.6-207; and 550.37, subdivision 14; proposing coding for new law in Minnesota Statutes, chapter 256.

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

Osskopp introduced:

H. F. No. 941, A bill for an act relating to energy; eliminating the requirement to find an alternative site for dry cask storage; amending Minnesota Statutes 1994, section 116C.771; repealing Minnesota Statutes 1994, section 116C.80.

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

Swenson, D.; Farrell; Weaver; McGuire and Skoglund introduced:

H. F. No. 942, A bill for an act relating to public safety; requiring school hiring authorities to conduct background checks of teachers and other professional school staff; proposing coding for new law in Minnesota Statutes, chapter 120.

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

Winter, Wagenius, Peterson and Munger introduced:

H. F. No. 943, A bill for an act relating to metropolitan government; requiring the metropolitan council to install an ethanol additive system on each of its diesel-powered transit buses; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Tomassoni; Kahn; Johnson, R.; Holsten and Ozment introduced:

H. F. No. 944, A bill for an act relating to employment; modifying provisions relating to data classification; workers' compensation premium collection; employment classifications and procedures; and benefits; providing penalties; amending Minnesota Statutes 1994, sections 13.67; 43A.04, subdivision 1; 43A.08, subdivision 1; 43A.10, subdivision 8; 43A.13, subdivision 6; 43A.15, by adding a subdivision; 43A.18, subdivision 4; 43A.19, subdivision 1; 43A.191, subdivisions 1, 2, and 3; 43A.24, subdivision 2; 43A.27, subdivision 3; 43A.316; 62J.45, subdivision 8; 256B.0644; and 356.87; repealing Laws 1987, chapter 186, section 11; and Laws 1994, chapter 560, article 2, section 15.

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

Swenson, D.; Kalis; Erhardt; Bishop and Workman introduced:

H. F. No. 945, A bill for an act relating to crimes; expanding the criteria for vehicle license plate impoundment to include driving without a valid license and failure to provide or show proof of vehicle insurance; amending Minnesota Statutes 1994, section 168.042, subdivisions 1 and 2.

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

Rest; Jennings; Pugh; Swenson, D., and Ness introduced:

H. F. No. 946, A bill for an act relating to occupations and professions; changing education requirements for certification and licensure as a certified public accountant; amending Minnesota Statutes 1994, section 326.19.

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

Johnson, R.; Murphy; Bertram and Kahn introduced:

H. F. No. 947, A bill for an act relating to retirement; correctional employees retirement plan of the Minnesota state retirement system; transferring various employment positions in the departments of corrections and human services from coverage by the general state employees retirement plan or the teachers retirement association to the correctional employees retirement plan; amending Minnesota Statutes 1994, sections 352.91, by adding subdivisions; and 352.92, subdivision 2.

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

Leppik, Kahn, Vickerman, Pawlenty and Cooper introduced:

H. F. No. 948, A bill for an act relating to health; establishing the Minnesota institute for women's health; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Wagenius, Winter, Leppik, Munger and Tuma introduced:

H. F. No. 949, A bill for an act relating to the environment; requiring, as part of the environmental review of proposed projects and activities, an analysis of the effect of the projects or activities on total carbon dioxide emissions in the state in order to minimize the burden on existing industry to reduce carbon dioxide emissions; proposing coding for new law in Minnesota Statutes, chapter 116D.

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

Wejcman; Clark; Johnson, R.; Greenfield and Rhodes introduced:

H. F. No. 950, A bill for an act relating to health; requiring preparation of a report on the adverse health and environmental effects of United States Army spraying of zinc cadmium sulfide and other chemicals in Minnesota; requiring certain findings by the attorney general.

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

Wejcman, Lourey, Cooper and Huntley introduced:

H. F. No. 951, A bill for an act relating to human services; defining a mental health professional for the purpose of medical assistance coverage; amending Minnesota Statutes 1994, sections 148B.32, subdivision 1; and 256B.0625, by adding a subdivision.

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

Luther and Milbert introduced:

H. F. No. 952, A bill for an act relating to motor vehicles; establishing special professional sports team and Olympic license plates; dedicating fees collected; creating an account in the state treasury; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

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

Milbert, Peterson and Johnson, V., introduced:

H. F. No. 953, A bill for an act relating to game and fish; modifying size limits for walleye and northern pike; amending Minnesota Statutes 1994, section 97C.401, subdivision 2.

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

Jefferson, Osthoff, Pawlenty, Greiling and Boudreau introduced:

H. F. No. 954, A bill for an act relating to elections; removing a prohibition on election day campaigning; repealing Minnesota Statutes 1994, section 211B.11, subdivision 2.

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

Dehler and Wenzel introduced:

H. F. No. 955, A bill for an act relating to Morrison county; authorizing the issuance of bonds for fairgrounds improvements; requiring a referendum on the bond issue.

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

Dehler; Koppendrayer; Anderson, B., and Bettermann introduced:

H. F. No. 956, A bill for an act relating to housing; regulating the use of federal tax exempt revenue bonds; amending Minnesota Statutes 1994, sections 474A.03, subdivisions 1 and 2a; and 474A.04, subdivision 6.

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

Goodno, Brown, Vickerman, Tunheim and Olson, E., introduced:

H. F. No. 957, A resolution memorializing the President and Congress to abandon the proposed sale of the Western Area Power Administration.

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

Dehler; Anderson, B.; Knight and Knoblach introduced:

H. F. No. 958, A bill for an act relating to the legislature; defining which members are subject to the legislators' retirement law; proposing coding for new law in Minnesota Statutes, chapter 3A.

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

Murphy and Winter introduced:

H. F. No. 959, A bill for an act relating to taxation; property; prohibiting an increase in estimated market value for homesteads owned by persons at least 65 years of age having certain income requirements; amending Minnesota Statutes 1994, sections 273.11, subdivision 5, and by adding a subdivision; 273.121; and 276.04, subdivision 2.

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

Bettermann, Girard and Koppendrayer introduced:

H. F. No. 960, A bill for an act relating to education; clarifying the effect of the receipt of certain state aids; amending Minnesota Statutes 1994, section 124.95, by adding a subdivision.

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

Opatz, Rukavina and Kahn introduced:

H. F. No. 961, A bill for an act relating to state government; extending a state agency health promotion and disease prevention program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 43A.

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

Hugoson and Kalis introduced:

H. F. No. 962, A bill for an act relating to education; allowing independent school district No. 2536, Granada-Huntley-East Chain, to make a fund transfer.

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

Smith; Anderson, I.; Tunheim; Tomassoni and Greiling introduced:

H. F. No. 963, A bill for an act relating to education; requiring a member of the board of regents of the University of Minnesota to be a United States citizen; proposing coding for new law in Minnesota Statutes, chapter 137.

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

Murphy and Lourey introduced:

H. F. No. 964, A bill for an act relating to education; authorizing funding for the second and third year of the time and technology enhanced curriculum school pilot project; appropriating money.

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

Finseth, Koppendrayer, Kinkel and Lieder introduced:

H. F. No. 965, A bill for an act relating to education; authorizing independent school district No. 595, East Grand Forks, to use capital expenditure facilities revenue to acquire and construct buildings.

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

Entenza; Skoglund; Swenson, D.; Rhodes and Pugh introduced:

H. F. No. 966, A bill for an act relating to family law; providing for enforcement of child support obligations; authorizing programs; imposing penalties; appropriating money; amending Minnesota Statutes 1994, sections 168A.05, subdivisions 2, 3, 7, and by adding subdivisions; 168A.16; 214.101, subdivisions 1 and 4; 256.01, by adding a subdivision; 518.24; 518.551, subdivision 12, and by adding a subdivision; and 518.611, subdivision 8; proposing coding for new law in Minnesota Statutes, chapters 171; 256; and 518; repealing Minnesota Statutes 1994, sections 214.101, subdivisions 2 and 3; 518.551, subdivision 5a; and 518.561.

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

Sviggum, Bertram, Haas, Weaver and Osthoff introduced:

H. F. No. 967, A bill for an act relating to game and fish; removing certain requirements relating to fish taken in Canada; amending Minnesota Statutes 1994, section 97A.531, subdivision 1; repealing Minnesota Statutes 1994, section 97A.531, subdivisions 2, 3, 4, 5, and 6.

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

Smith; Bertram; Jefferson; Johnson, R., and Kahn introduced:

H. F. No. 968, A bill for an act relating to retirement; authorizing purchase of service credit for previously exempt service by certain members of the teachers retirement association.

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

Murphy and Pugh introduced:

H. F. No. 969, A bill for an act relating to public safety; authorizing bureau of criminal apprehension to charge and collect fee for background check conducted for purposes other than criminal justice and dedicating proceeds to operating expenses of criminal records system; allowing bureau to provide children's service provider with copy of criminal record of applicant for position of children's service worker; amending Minnesota Statutes 1994, sections 299C.10, by adding a subdivision; and 299C.62, subdivision 4.

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

Bertram; Smith; Johnson, R., and Kahn introduced:

H. F. No. 970, A bill for an act relating to retirement; public employees retirement association police and fire fund; changing early retirement reduction factors; amending Minnesota Statutes 1994, section 353.651, subdivision 4.

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

Tunheim; Anderson, I.; Rukavina and Johnson, R., introduced:

H. F. No. 971, A bill for an act relating to motor vehicles; providing for issuance of manufacturer test plates; amending Minnesota Statutes 1994, sections 168.12, subdivisions 1 and 5; and 168.28; proposing coding for new law in Minnesota Statutes, chapter 168.

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

The following message was received from the Senate:

Mr. Speaker:

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

S. F. No. 214.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 214, A bill for an act relating to crime prevention; providing an exception to the prohibition on concealing identity; amending Minnesota Statutes 1994, section 609.735.

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

H. F. No. 554, A bill for an act relating to securities; regulating enforcement actions against licensees; modifying the definition of investment metal; amending Minnesota Statutes 1994, sections 80A.07, subdivision 5; and 80A.14, subdivision 10.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Pursuant to Rules of the House, the House resolved itself into the Committee of the Whole with Anderson, I., in the Chair for consideration of bills pending on General Orders of the day. After some time spent therein the Committee arose.

The Speaker resumed the Chair, whereupon the following recommendations of the Committee were reported to the House:

H. F. Nos. 125, 305, 362, 399, 457 and 749 were recommended to pass.

H. F. Nos. 248 and 536 were recommended for progress.

H. F. No. 326 was recommended for re-referral to the Committee on Transportation and Transit with the following amendment offered by Milbert:

Page 1, line 8, delete "inside" and insert "on"

Amend the title accordingly

On the motion of Carruthers, the report of the Committee of the Whole was adopted.

Jacobs moved that his name be stricken and the name of Jennings be added as chief author on H. F. No. 150. The motion prevailed.

Knight moved that his name be stricken as an author on H. F. No. 273. The motion prevailed.

Workman moved that his name be shown as third author and the name of Molnau be shown as chief author on H. F. No. 495. The motion prevailed.

Wolf moved that the names of Carruthers and Seagren be added as authors on H. F. No. 573. The motion prevailed.

Knight moved that his name be stricken as an author on H. F. No. 625. The motion prevailed.

Huntley moved that the name of Murphy be added as an author on H. F. No. 627. The motion prevailed.

Molnau moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, February 23, 1995, when the vote was taken on the final passage of H. F. No. 331." The motion prevailed.

Workman moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, February 23, 1995, when the vote was taken on the final passage of H. F. No. 331." The motion prevailed.

Van Engen, Orenstein, Murphy, Weaver and Tuma introduced:

House Resolution No. 3, A house resolution requiring standing committees of the House of Representatives to review statutory requirements for reports to the Legislature.

The resolution was referred to the Committee on Rules and Legislative Administration.

Davids moved that H. F. No. 556 be returned to its author. The motion prevailed.

Solberg moved that H. F. No. 217 be recalled from the Committee on Ways and Means and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance. The motion prevailed.

Solberg moved that H. F. No. 244 be recalled from the Committee on Ways and Means and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance. The motion prevailed.

Solberg moved that H. F. No. 479, now on Technical General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.

Solberg moved that H. F. No. 552, now on Technical General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, March 2, 1995. 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, March 2, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

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