Jennings and Rice were excused until 3:40 p.m.

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

The following communications were received:

February 28, 1996

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:

H. F. No. 2188, relating to motor carriers; modifying and reorganizing provisions relating to allowable truck lengths and combinations.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

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

                                    Time and          

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

No.           No.    Chapter No.             1996      1996

1936 288 11:40 a.m. February 28February 28

2188 289 11:48 a.m. February 28February 28

2111 290 11:52 a.m. February 28February 28

Sincerely,

Joan Anderson Growe

Secretary of State

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

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

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

The report was adopted.

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

H. F. No. 2568, A bill for an act relating to education; appropriating money to reduce tuition rates.

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

The report was adopted.

H. F. Nos. 2058 and 2568 were read for the second time.

The following House Files were introduced:

Skoglund introduced:

H. F. No. 3260, A bill for an act relating to juvenile court; changing the age at which a child's delinquency hearings and related law enforcement and court records become public; amending Minnesota Statutes 1994, section 260.155, subdivision 1.

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

Skoglund introduced:

H. F. No. 3261, A bill for an act relating to data privacy; authorizing release of certain arrest data to crime victims; amending Minnesota Statutes 1994, section 13.82, by adding a subdivision.

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

Skoglund introduced:

H. F. No. 3262, A bill for an act relating to crime; providing mandatory minimum prison sentences for persons convicted of first or second degree forcible or violent criminal sexual conduct; amending Minnesota Statutes 1994, sections 609.342, subdivision 2; and 609.343, subdivision 2.

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

The following House Advisories were introduced:

Lourey, Osthoff, Tomassoni and Davids introduced:

H. A. No. 25, A proposal to study alternatives to reduce the number of uninsured motorists.

The advisory was referred to the Committee on Financial Institutions and Insurance.

Onnen and Osthoff introduced:

H. A. No. 26, A proposal to study permitting private health coverage identical to Medicare.

The advisory was referred to the Committee on Financial Institutions and Insurance.

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 14, A senate concurrent resolution relating to adjournment for more than three days.

Patrick E. Flahaven, Secretary of the Senate

Carruthers moved that the rules be so far suspended that Senate Concurrent Resolution No. 14 be now considered and be placed upon its adoption. The motion prevailed.

A senate concurrent resolution relating to adjournment for more than three days.

Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring:

1. Upon its adjournment on Friday, March 1, 1996, the House of Representatives may set its next day of meeting more than three days after the day of adjournment.

2. Pursuant to the Minnesota Constitution, Article IV, Section 12, the Senate consents to the adjournment of the House of Representatives for more than three days.

Carruthers moved that Senate Concurrent Resolution No. 14 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 14 was adopted.

Mr. Speaker:

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

S. F. Nos. 2167 and 2856.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2167, A bill for an act relating to the organization and operation of state government; appropriating money and modifying provisions relating to the environment, natural resources, and agriculture; supplementing, reducing, and modifying earlier appropriations; establishing a board; establishing an off-highway vehicle recreation area; authorizing and modifying state trails; providing for reports and fees; amending Minnesota Statutes 1994, sections 17.117, subdivision 3; 17B.15, subdivision 1; 18E.02, subdivision 5; 85.015, by adding a subdivision; 85.052, subdivision 3; 85.054, by adding a subdivision; 85.055, subdivision 1; 94.16, subdivision 3; and 97A.028, subdivision 3; Minnesota Statutes 1995 Supplement, sections 85.015, subdivision 7; 103F.725, subdivision 1a; and 446A.07, subdivision 8; Laws 1995, chapters 207, article 1, section 2, subdivision 7; 220, section 19, subdivisions 4, 6, 10, and 19; and 254, article 1, section 93; proposing coding for new law in Minnesota Statutes, chapters 17 and 21; repealing Laws 1995, chapter 224, section 18, subdivision 4.

The bill was read for the first time.

Brown moved that S. F. No. 2167 and H. F. No. 3231, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2856, A bill for an act relating to criminal justice; appropriating money for the judicial branch, public safety, corrections, criminal justice, crime prevention programs, and other related purposes; providing for community notification of the release of certain sex offenders, expanding the sex offender registration act; reconciling various provisions on criminal history background checks; implementing, clarifying, and modifying certain criminal and juvenile provisions; prohibiting the possession or use of tobacco by inmates of state correctional facilities; implementing, clarifying, and modifying certain penalty provisions; establishing and expanding pilot programs, grant programs, task forces, committees, and studies; providing for the retention of consultants; amending Minnesota Statutes 1994, sections 8.01; 15.86, by adding a subdivision; 84.91, by adding a subdivision; 86B.331, by adding a subdivision; 144A.46, subdivision 5; 168.041, subdivision 6; 168.042, subdivisions 8, 12, and by adding a subdivision; 169.121, subdivisions 2, 3, and 4; 169.123, subdivision 4; 171.17, subdivision 1; 171.29, subdivision 1; 171.30, subdivisions 1 and 2a; 181.9412; 244.17, subdivision 2, and by adding a subdivision; 244.172, subdivision 2; 268.30, subdivision 2; 299A.35, as amended; 609.115, by adding a subdivision; 609.52, subdivision 2; 611.271; 611A.25, subdivision 3; and 611A.361, subdivision 3; Minnesota Statutes 1995 Supplement, sections 16B.181; 144.057, subdivisions 1, 3, and 4; 171.29, subdivision 2; 243.166, subdivisions 1 and 7; 245A.04, subdivision 3; 299A.326, subdivision 1; 299C.67, subdivision 5; 299C.68, subdivisions 2, 5, and 6; and 609.2325, subdivision 3; Laws 1995, chapter 229, article 3, section 17; proposing coding for new law in Minnesota Statutes, chapters 15; 168; 168A; 243; 244; 299A; and 609.

The bill was read for the first time.

Murphy moved that S. F. No. 2856 and H. F. No. 3242, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2702.

S. F. No. 2702 was reported to the House.

Lieder moved to amend S. F. No. 2702 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.]

The sums in the columns headed "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified, to be available for the fiscal year ending June 30, 1997.

1997

General Fund $ 6,697,000

Trunk Highway Fund 42,925,000

Highway User Tax Distribution Fund 127,000

TOTAL $ 49,749,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. DEPARTMENT OF TRANSPORTATION 43,145,000

For the purpose of Laws 1995, chapter 254, article 1, section 93, paragraph (a), "contracts for highway construction or maintenance" includes contracts for design engineering and construction engineering.

(a) State Road Construction

35,685,000

This appropriation for fiscal year 1997 is from the trunk highway fund for state road construction and is added to the appropriations in Laws 1995, chapter 265, article 2, section 2, subdivision 7, clause (a).

(b) Design Engineering and Construction Engineering

6,160,000

This appropriation for fiscal year 1997 is from the trunk highway fund for design engineering and construction engineering and is added to the appropriations in Laws 1995, chapter 265, article 2, section 2, subdivision 7, clauses (d) and (e), as needed.

(c) Greater Minnesota Transit Assistance

1,000,000

This appropriation for fiscal year 1997 is for greater Minnesota transit assistance and is added to the appropriation in Laws 1995, chapter 265, article 2, section 2, subdivision 3, clause (a). Any unencumbered balance in that clause for fiscal year 1996 does not cancel but is available for the second year.

(d) Stone Arch Bridge

100,000

This appropriation is for the repair of the Stone Arch Bridge.

(e) Shingobee Township

100,000

This appropriation is for a grant to the town of Shingobee in Cass county. The town board must use this grant to improve a road within the town known as the Ah-Gwah-Ching cutoff road. The commissioner shall make this grant only after determining that the town board has made a commitment to establish the road as a town road upon completion of the improvement project.

(f) Driver Education Programs

100,000

This appropriation is from the trunk highway fund for a grant to the Minnesota highway safety center at St. Cloud State University for driver education programs.

Sec. 3. METROPOLITAN COUNCIL 5,267,000

This appropriation for fiscal year 1997 is for metropolitan transit operations and is added to the appropriation in Laws 1995, chapter 265, article 2, section 3.

Notwithstanding the limit on spending for metro mobility in Laws 1995, chapter 265, article 2, section 3, the metropolitan council may spend up to $1,600,000 of this appropriation for metro mobility.

Sec. 4. PUBLIC SAFETY 1,337,000

(a) State Patrol

150,000

This appropriation for fiscal year 1997 is added to the appropriations in Laws 1995, chapter 265, article 2, section 5, subdivision 3, and is for four additional positions for state patrol communications officers. This appropriation is from the trunk highway fund.

(b) Driver and Vehicle Services

303,000

$14,000 from the highway user tax distribution fund and $65,000 from the trunk highway fund are for costs related to the implementation of Minnesota Statutes, section 168.042.

$113,000 is from the highway user tax distribution fund and is added to the appropriations in Laws 1995, chapter 265, article 2, section 5, subdivision 4. This appropriation is for costs related to driver's license and motor vehicle registration records and is available only to the extent required to comply with a law effective during fiscal year 1997 that substantially changes the data privacy status of these records.

$111,000 is from the general fund to implement Minnesota Statutes, section 171.07, subdivision 11.

(c) Administration and Related Services

884,000

This appropriation for fiscal year 1997 is added to the appropriations in Laws 1995, chapter 265, article 2, section 5, subdivision 2.

This appropriation is for agency critical operations systems. Of this appropriation, $765,000 is from the trunk highway fund.

Sec. 5. Minnesota Statutes 1995 Supplement, section 13.69, subdivision 1, is amended to read:

Subdivision 1. [CLASSIFICATIONS.] (a) The following government data of the department of public safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking certificates and special license plates issued to physically handicapped persons;

(2) other data on holders of a disability certificate under section 169.345, except that data that are not medical data may be released to law enforcement agencies; and

(3) social security numbers in driver's license and motor vehicle registration records, except that social security numbers must be provided to the department of revenue for purposes of tax administration and the department of labor and industry for purposes of workers' compensation administration and enforcement.; and

(4) data on persons listed as designated parents under section 171.07, subdivision 11, except that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a designated parent; or

(ii) law enforcement agencies who state that the license holder is unable to communicate at that time and that the information is necessary for notifying the designated parent of the need to care for a child of the license holder.

(b) The following government data of the department of public safety are confidential data: data concerning an individual's driving ability when that data is received from a member of the individual's family.

Sec. 6. Minnesota Statutes 1994, section 160.85, is amended by adding a subdivision to read:

Subd. 3a. [INFORMATION MEETING.] Before approving or denying a development agreement, the commissioner shall hold a public information meeting in any municipality or county in which any portion of the proposed toll facility runs. The commissioner shall determine the time and place of the information meeting.

Sec. 7. Minnesota Statutes 1994, section 168.013, subdivision 3, is amended to read:

Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS WEIGHTS FORBIDDEN.] The applicant for all licenses based on gross weight shall state in writing upon oath, the unloaded weight of the motor vehicle, trailer or semitrailer and the maximum load the applicant proposes to carry thereon, the sum of which shall constitute the gross weight upon which the license tax shall be paid, but in no case shall the declared gross weight upon which the tax is paid be less than 1-1/4 times the declared unloaded weight of the motor vehicle, trailer or semitrailer to be registered, except recreational vehicles taxed under subdivision 1g, school buses taxed under subdivision 18 and tow trucks or towing vehicles defined in section 169.01, subdivision 52. The gross weight of a tow truck or towing vehicle is the actual weight of the tow truck or towing vehicle fully equipped, but does not include the weight of a wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.

The gross weight of no motor vehicle, trailer or semitrailer shall exceed the gross weight upon which the license tax has been paid by more than four percent or 1,000 pounds, whichever is greater.

The gross weight of the motor vehicle, trailer or semitrailer for which the license tax is paid shall be indicated by a distinctive character on the license plate or plates except as provided in subdivision 12 and the plate or plates shall be kept clean and clearly visible at all times.

The owner, driver, or user of a motor vehicle, trailer or semitrailer upon conviction for transporting a gross weight in excess of the gross weight for which it was registered or for operating a vehicle with an axle weight exceeding the maximum lawful axle load weight shall be guilty of a misdemeanor and be subject to increased registration or reregistration according to the following schedule:

(1) The owner, driver or user of a motor vehicle, trailer or semitrailer upon conviction for transporting a gross weight in excess of the gross weight for which it is registered by more than four percent or 1,000 pounds, whichever is greater, but less than 25 percent or for operating or using a motor vehicle, trailer or semitrailer with an axle weight exceeding the maximum lawful axle load as provided in section 169.825 by more than four percent or 1,000 pounds, whichever is greater, but less than 25 percent, in addition to any penalty imposed for the misdemeanor shall apply to the registrar to increase the authorized gross weight to be carried on the vehicle to a weight equal to or greater than the gross weight the owner, driver, or user was convicted of carrying, the increase computed for the balance of the calendar year on the basis of 1/12 of the annual tax for each month remaining in the calendar year beginning with the first day of the month in which the violation occurred. If the additional registration tax computed upon that weight, plus the tax already paid, amounts to more than the regular tax for the maximum gross weight permitted for the vehicle under section 169.825, that additional amount shall nevertheless be paid into the highway fund, but the additional tax thus paid shall not permit the vehicle to be operated with a gross weight in excess of the maximum legal weight as provided by section 169.825. Unless the owner within 30 days after a conviction shall apply to increase the authorized weight and pay the additional tax as provided in this section, the registrar shall revoke the registration on the vehicle and demand the return of the registration card and plates issued on that registration.

(2) The owner or driver or user of a motor vehicle, trailer or semitrailer upon conviction for transporting a gross weight in excess of the gross weight for which the motor vehicle, trailer or semitrailer was registered by 25 percent or more, or for operating or using a vehicle or trailer with an axle weight exceeding the maximum lawful axle load as provided in section 169.825 by 25 percent or more, in addition to any penalty imposed for the misdemeanor, shall have the reciprocity privileges on the vehicle involved if the vehicle is being operated under reciprocity canceled by the registrar, or if the vehicle is not being operated under reciprocity, the certificate of registration on the vehicle operated shall be canceled by the registrar and the registrar shall demand the return of the registration certificate and registration plates. The registrar may not cancel the registration or reciprocity privileges for any vehicle found in violation of seasonal load restrictions imposed under section 169.87 unless the axle weight exceeds the year-round weight limit for the highway on which the violation occurred. The registrar may investigate any allegation of gross weight violations and demand that the operator show cause why all future operating privileges in the state should not be revoked unless the additional tax assessed is paid.

(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products or unfinished forest products, when the registered gross weight is not exceeded by more than ten percent. For purposes of this clause "first haul" means (1) the first, continuous transportation of unprocessed or raw farm products from the place of production or on-farm storage site to any other location within 50 miles of the place of production or on-farm storage site, or (2) the first, continuous transportation of unfinished forest products from the place of production to the place of first unloading.

(4) When the registration on a motor vehicle, trailer or semitrailer is revoked by the registrar according to provisions of this section, the vehicle shall not be operated on the highways of the state until it is registered or reregistered, as the case may be, and new plates issued, and the registration fee shall be the annual tax for the total gross weight of the vehicle at the time of violation. The reregistration pursuant to this subdivision of any vehicle operating under reciprocity agreements pursuant to section 168.181 or 168.187 shall be at the full annual registration fee without regard to the percentage of vehicle miles traveled in this state.

Sec. 8. Minnesota Statutes 1994, section 168.042, subdivision 8, is amended to read:

Subd. 8. [REISSUANCE OF REGISTRATION PLATES.] (a) The commissioner shall rescind the impoundment order of a person subject to an order under this section, other than the violator, if a:

(1) the violator had a valid driver's license on the date of the violation and the person subject to an impoundment order under this section, other than the violator, files with the commissioner an acceptable sworn statement containing the following information:

(1) (i) that the person is the registered owner of the vehicle from which the plates have been impounded under this section;

(2) (ii) that the person is the current owner and possessor of the vehicle used in the violation;

(3) (iii) the date on which the violator obtained the vehicle from the registered owner;

(4) (iv) the residence addresses of the registered owner and the violator on the date the violator obtained the vehicle from the registered owner;

(5) (v) that the person was not a passenger in the vehicle at the time of the violation; and

(6) (vi) that the person knows that the violator may not drive, operate, or be in physical control of a vehicle without a valid driver's license; or

(2) the violator did not have a valid driver's license on the date of the violation and the person made a report to law enforcement before the violation stating that the vehicle had been taken from the person's possession or was being used without permission.

(b) The commissioner may not rescind the impoundment order nor reissue registration plates to a registered owner if the owner knew or had reason to know that the violator did not have a valid driver's license on the date the violator obtained the vehicle from the owner. A person who has failed to make a report as provided in paragraph (a), clause (2), may be issued special registration plates under subdivision 12 for a period of one year from the effective date of the impoundment order. At the next registration renewal following this period, the person may apply for regular registration plates.

(c) If the order is rescinded, the owner shall receive new registration plates at no cost, if the plates were seized and destroyed.

Sec. 9. Minnesota Statutes 1994, section 168.042, is amended by adding a subdivision to read:

Subd. 13a. [ACQUIRING ANOTHER VEHICLE.] If during the effective period of the plate impoundment the violator applies to the commissioner for registration plates for any vehicle, the commissioner shall not issue registration plates unless the violator qualifies for special registration plates under subdivision 12 and unless the plates issued are special plates as described in subdivision 12.

Sec. 10. Minnesota Statutes 1994, section 168.12, subdivision 2, is amended to read:

Subd. 2. [AMATEUR RADIO STATION LICENSEE; SPECIAL LICENSE PLATES.] Any applicant who is an owner or joint owner of a passenger automobile, van or pickup truck, or a self-propelled recreational vehicle, and a resident of this state, and who holds an official amateur radio station license, or a citizens radio service class D license, in good standing, issued by the Federal Communications Commission shall upon compliance with all laws of this state relating to registration and the licensing of motor vehicles and drivers, be furnished with license plates for the motor vehicle, as prescribed by law, upon which, in lieu of the numbers required for identification under subdivision 1, shall be

inscribed the official amateur call letters of the applicant, as assigned by the Federal Communications Commission., and the words "AMATEUR RADIO." The applicant shall pay in addition to the registration tax required by law, the sum of $10 for the special license plates, and at the time of delivery of the special license plates the applicant shall surrender to the registrar the current license plates issued for the motor vehicle. This provision for the issue of special license plates shall apply only if the applicant's vehicle is already registered in Minnesota so that the applicant has valid regular Minnesota plates issued for that vehicle under which to operate it during the time that it will take to have the necessary special license plates made. If owning or jointly owning more than one motor vehicle of the type specified in this subdivision, the applicant may apply for special plates for each of not more than two vehicles, and, if each application complies with this subdivision, the registrar shall furnish the applicant with the special plates, inscribed with the official amateur call letters and other distinguishing information as the registrar considers necessary, for each of the two vehicles. And the registrar may make reasonable rules governing the use of the special license plates as will assure the full compliance by the owner and holder of the special plates, with all existing laws governing the registration of motor vehicles, the transfer and the use thereof.

Despite any contrary provision of subdivision 1, the special license plates issued under this subdivision may be transferred to another motor vehicle upon the payment of a fee of $5. The registrar must be notified of the transfer and may prescribe a form for the notification.

Fees collected under this subdivision must be paid into the state treasury and credited to the highway user tax distribution fund.

Sec. 11. Minnesota Statutes 1994, section 168.123, subdivision 1, is amended to read:

Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On payment of a fee of $10 for each set of two plates, or for a single plate in the case of a motorcycle plate, payment of the registration tax required by law, and compliance with other laws relating to the registration and licensing of a passenger automobile, pickup truck, van, self-propelled recreational equipment, or motorcycle, as applicable, the registrar shall issue:

(1) special license plates to an applicant who served in the active military service in a branch of the armed forces of the United States or of a nation or society allied with the United States in conducting a foreign war, was discharged under honorable conditions, and is an owner or joint owner of a motor vehicle included within the definition of a passenger automobile or which is, pickup truck, van, or self-propelled recreational equipment, on payment of a fee of $10 for each set of two plates, payment of the registration tax required by law, and compliance with other laws relating to registration and licensing of motor vehicles and drivers; or

(2) a special motorcycle license plate as described in subdivision 2, paragraph (a), or another special license plate designed by the commissioner of public safety, to an applicant who is a Vietnam veteran who served after July 1, 1961, and before July 1, 1978, and who served in the active military service in a branch of the armed forces of the United States in conducting a foreign war, was discharged under honorable conditions, and is an owner or joint owner of a motorcycle. Plates issued under this clause must be the same size as standard motorcycle license plates.

(b) The additional fee of $10 is payable for each set of plates, is payable only when the plates are issued, and is not payable in a year in which tabs or stickers are issued instead of number plates. An applicant must not be issued more than two sets of plates for vehicles listed in paragraph (a) and owned or jointly owned by the applicant.

(c) The veteran shall have a certified copy of the veteran's discharge papers, indicating character of discharge, at the time of application. If an applicant served in the active military service in a branch of the armed forces of a nation or society allied with the United States in conducting a foreign war and is unable to obtain a record of that service and discharge status, the commissioner of veterans affairs may certify the applicant as qualified for the veterans' license plates provided under this section.

Sec. 12. Minnesota Statutes 1994, section 168.123, subdivision 4, is amended to read:

Subd. 4. [PLATE TRANSFERS.] (a) On payment of a fee of $5, plates issued under this section subdivision 1, paragraph (a), clause (1), may be transferred to another motor vehicle passenger automobile, pickup truck, van, or self-propelled recreational equipment owned or jointly owned by the person to whom the plates were issued.

(b) On payment of a fee of $5, a plate issued under subdivision 1, paragraph (a), clause (2), may be transferred to another motorcycle owned or jointly owned by the person to whom the plate was issued.

Sec. 13. [168.1291] [SPECIAL LICENSE PLATES; DESIGN.]

Subdivision 1. [DEFINITION.] For purposes of this section, "special license plates" means license plates issued under sections 168.12, subdivisions 2b to 2e; 168.123; and 168.129.

Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The commissioner shall design a single special license plate that will contain a unique number and a space for a unique symbol. The commissioner shall design a unique symbol related to the purpose of each special license plate. Any provision of section 168.12, subdivision 2b, 2c, 2d, or 2e, or 168.129 that requires the placement of a specified letter or letters on a special license plate applies to those license plates only to the extent that the commissioner includes the letter or letters in the design. Where a law authorizing a special license plate contains a specific requirement for graphic design of that license plate, that requirement applies to the appropriate unique symbol the commissioner designs.

Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE SYMBOLS.] Notwithstanding sections 168.12, subdivisions 2b to 2e, and 168.129, beginning with special license plates issued in calendar year 1997, the commissioner shall issue each class of special license plates permanently marked with specific designs under those laws only until the commissioner's supply of those license plates is exhausted. Thereafter, the commissioner shall issue under sections 168.12, subdivisions 2b to 2e, and 168.129 only the license plate authorized under subdivision 2, with the appropriate unique symbol attached.

Subd. 4. [FEES.] Notwithstanding sections 168.12, subdivisions 2b to 2e, and 168.129, the commissioner shall adjust any license plate fee prescribed in those laws to reflect the cost of designing and manufacturing unique symbols under this section.

Sec. 14. [168.1292] [SPECIAL OLYMPIC LICENSE PLATES.]

Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The registrar shall issue special Olympic license plates to an applicant who:

(1) is an owner or joint owner of a passenger automobile, pickup truck, or van;

(2) pays a fee determined by the registrar to cover the costs of handling and manufacturing the plates;

(3) pays the registration tax required under section 168.013;

(4) pays the fees required under this chapter;

(5) contributes $15 annually to the Minnesota amateur sports commission account established in subdivision 6; and

(6) complies with laws and rules governing registration and licensing of vehicles and drivers.

Subd. 2. [DESIGN.] After consultation with the United States Olympic Committee, the registrar shall design the special Olympic plates.

In consultation with the registrar, the Minnesota amateur sports commission annually shall indicate the number of plates the commission anticipates will be needed.

Subd. 3. [NO REFUND.] Contributions under this section must not be refunded.

Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 168.12, subdivision 1, on payment of a transfer fee of $5, plates issued under this section may be transferred to another passenger vehicle, pickup truck, or van owned or jointly owned by the person to whom the special plates were issued.

Subd. 5. [FEES CREDITED.] The fees collected under this section must be deposited in the state treasury and credited to the highway user tax distribution fund.

Subd. 6. [MINNESOTA AMATEUR SPORTS COMMISSION ACCOUNT.] A Minnesota amateur sports commission account is created in the state treasury. Money in the account is appropriated to the Minnesota amateur sports commission to support maximum sport and physical fitness opportunities for all residents of this state regardless of gender, age, race, ability, geography, or economic status, and to provide meaningful sport and fitness opportunities for residents of this state who are economically disadvantaged, senior citizens, persons with disabilities, or residents of Greater Minnesota.

Subd. 7. [RECORD.] The registrar shall maintain a record of the number of license plates issued for the United States Olympic Committee.

Subd. 8. [CONTRIBUTIONS.] The registrar shall issue a set of Olympic license plates under this section only to a person who presents at the time of applying for registration a receipt from the Minnesota amateur sports commission that demonstrates that the applicant has contributed at least $15 to the Minnesota amateur sports commission account within 90 days prior to the date of the application. After the issuance of that set of Olympic license plates, the collection of subsequent contributions during the life of that set of license plates is the responsibility of the commission.

Sec. 15. Minnesota Statutes 1994, section 168.15, is amended to read:

168.15 [RIGHTS AS TO REGISTRATION CERTIFICATES AND NUMBER PLATES.]

Subdivision 1. [TRANSFER OF OWNERSHIP.] Except as provided in subdivision 3, upon the transfer of ownership, destruction, theft, dismantling as such, or the permanent removal by the owner thereof from this state of any motor vehicle registered in accordance with the provisions of this chapter, the right of the owner of such vehicle to use the registration certificate and number plates assigned such vehicle shall expire, and such certificate and any existing plates shall be, by such owner, forthwith returned, with transportation prepaid, to the registrar with a signed notice of the date and manner of termination of ownership, giving the name and post office address, with street and number, if in a city, of the person to whom transferred. No fee may be charged for a return of plates under this section. When the ownership of a motor vehicle shall be transferred to another who shall forthwith register the same in the other's name, the registrar may permit the manual delivery of such plates to the new owner of such vehicle. When seeking to become the owner by gift, trade, or purchase of any vehicle for which a registration certificate has been theretofore issued under the provisions of this chapter, a person shall join with the registered owner in transmitting with the application the registration certificate, with the assignment and notice of sale duly executed upon the reverse side thereof, or, in case of loss of such certificate, with such proof of loss by sworn statement, in writing, as shall be satisfactory to the registrar. Upon the transfer of any motor vehicle by a manufacturer or dealer, for use within the state, whether by sale, lease, or otherwise, such manufacturer or dealer shall, within seven days after such transfer, file with the registrar a notice or report containing the date of such transfer, a description of such motor vehicles, and the name, street and number of residence, if in a city, and the post office address of the transferee, and shall transmit therewith the transferee's application for registration thereof.

Subd. 2. [TRANSFER OF ENGINE.] Upon the transfer of any automobile engine or motor, except a new engine or motor, transferred with intent that the same be installed in a new automobile, and whether such transfer be made by a manufacturer or dealer, or otherwise, and whether by sale, lease or otherwise, the transferor shall, within two days after such transfer, file with the registrar a notice or report containing the date of such transfer and a description, together with the maker's number of the engine or motor, and the name and post office address of the purchaser, lessee, or other transferee.

Subd. 3. [VEHICLES OF LESSORS; TRANSFERS.] Notwithstanding subdivision 1, a motor vehicle lessor licensed under section 168.27, subdivision 2, 3, or 4, may transfer license plates issued to one rental motor vehicle owned by the lessor to another rental motor vehicle, owned by the lessor and not previously registered in Minnesota or another jurisdiction, if within ten days of the transfer the lessor registers the vehicle to which the license plates were transferred. Upon registration, the lessor must pay all taxes and fees due on the registration of the vehicle to which the license plates were transferred, plus a transfer fee of $12.50. The fee must be deposited in the highway user tax distribution fund. For purposes of this subdivision, "rental motor vehicle" means a vehicle used for rentals or leases of 30 days or less.

Sec. 16. Minnesota Statutes 1995 Supplement, section 168.16, is amended to read:

168.16 [REFUNDS; APPROPRIATION.]

After the tax upon any motor vehicle shall have been paid for any year, refund shall be made for errors made in computing the tax or fees and for the error on the part of an owner who may in error have registered a motor vehicle that was not before, nor at the time of registration, nor at any time thereafter during the current past year, subject to tax in this state as provided by section 168.012. Unless otherwise provided in this chapter, a claim for a refund of an overpayment of registration tax must be filed within 3-1/2 years from the date of payment. The refundment shall be made from any fund in possession of the registrar and shall be deducted from the registrar's monthly report to the commissioner of finance. A detailed report of the refundment shall accompany the report. The former owner of

a transferred vehicle by an assignment in writing endorsed upon the registration certificate and delivered to the registrar within the time provided herein may sell and assign to the new owner thereof the right to have the tax paid by the former owner accredited to the owner who duly registers the vehicle. Any owner at the time of such occurrence, whose vehicle shall be is permanently destroyed, or sold to the federal government, the state, or political subdivision thereof, and any owner who sells a rental motor vehicle and transfers the license plates issued to that motor vehicle under section 168.15, subdivision 3, shall upon filing a verified claim be entitled to a refund of the unused portion of the tax paid upon the vehicle, computed as follows:

(1) if the vehicle is registered under the calendar year system of registration, the refund is computed pro rata by the month, 1/12 of the annual tax paid for each month of the year remaining after the month in which the plates and certificate were returned to the registrar;

(2) in the case of a vehicle registered under the monthly series system of registration, the amount of the refund is equal to the sum of the amounts of the license fee attributable to those months remaining in the licensing period after the month in which the plates and certificate were returned to the registrar.

There is hereby appropriated to the persons entitled to a refund, from the fund or account in the state treasury to which the money was credited, an amount sufficient to make the refund and payment. Refunds under this section to licensed motor vehicle lessors must be made annually in a manner the registrar determines.

Sec. 17. Minnesota Statutes 1994, section 168.33, is amended by adding a subdivision to read:

Subd. 8. [TEMPORARY DISABILITY PERMIT AND FEE.] The registrar shall allow deputy registrars to implement and follow procedures for processing applications and accepting and remitting fee payments for 30-day temporary disability permits issued under section 169.345, subdivision 3, paragraph (c), that are identical or substantially similar to the procedures required by rule for motor vehicle registration and titling transactions.

Sec. 18. Minnesota Statutes 1994, section 169.121, subdivision 3, is amended to read:

Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this subdivision:

(1) "prior impaired driving conviction" means a prior conviction under this section; section 84.91, subdivision 1, paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); 609.21, subdivision 4, clauses (2) to (4); or an ordinance from this state, or a statute or ordinance from another state in conformity with any of them. A prior impaired driving conviction also includes a prior juvenile adjudication that would have been a prior impaired driving conviction if committed by an adult; and

(2) "prior license revocation" means a driver's license suspension, revocation, or cancellation under this section; section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 because of an alcohol-related incident; 609.21, subdivision 1, clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); or 609.21, subdivision 4, clauses (2) to (4); or an ordinance from this state, or a statute or ordinance from another state in conformity with any of them.

(b) A person who violates subdivision 1 or 1a, or an ordinance in conformity with either of them, is guilty of a misdemeanor.

(c) A person is guilty of a gross misdemeanor under any of the following circumstances:

(1) the person violates subdivision 1 within five years of a prior impaired driving conviction, or within ten years of the first of two or more prior impaired driving convictions;

(2) the person violates subdivision 1a within five years of a prior license revocation, or within ten years of the first of two or more prior license revocations;

(3) the person violates section 169.26 while in violation of subdivision 1; or

(4) the person violates subdivision 1 or 1a while a child under the age of 16 is in the vehicle, if the child is more than 36 months younger than the violator.

(d) The attorney in the jurisdiction in which the violation occurred who is responsible for prosecution of misdemeanor violations of this section shall also be responsible for prosecution of gross misdemeanor violations of this section.

(e) The court must impose consecutive sentences when it sentences a person for a violation of this section or section 169.29 arising out of separate behavioral incidents. The court also must impose a consecutive sentence when it sentences a person for a violation of this section or section 169.129 and the person, at the time of sentencing, is on probation for, or serving, an executed sentence for a violation of this section or section 169.29 and the prior sentence involved a separate behavioral incident. The court also may order that the sentence imposed for a violation of this section or section 169.29 shall run consecutively to a previously imposed misdemeanor, gross misdemeanor or felony sentence for a violation other than this section or section 169.129.

(f) When an attorney responsible for prosecuting gross misdemeanors under this section requests criminal history information relating to prior impaired driving convictions from a court, the court must furnish the information without charge.

(g) A violation of subdivision 1a may be prosecuted either in the jurisdiction where the arresting officer observed the defendant driving, operating, or in control of the motor vehicle or in the jurisdiction where the refusal occurred.

Sec. 19. Minnesota Statutes 1994, section 169.82, subdivision 3, is amended to read:

Subd. 3. [HITCHES; CHAINS; CABLES.] (a) Every trailer or semitrailer must be hitched to the towing motor vehicle by a device approved by the commissioner of public safety.

(b) Every trailer and semitrailer must be equipped with safety chains or cables permanently attached to the trailer except in cases where the coupling device is a regulation fifth wheel and kingpin assembly approved by the commissioner of public safety. In towing, the chains or cables must be carried through a ring on the towbar and attached to the towing attached to the vehicles near the points of bumper attachments to the chassis of each vehicle, and must be of sufficient strength to control the trailer in the event of failure of the towing device. The length of chain or cable must be no more than necessary to permit free turning of the vehicles.

(c) This subdivision does not apply to towed implements of husbandry.

No person may be charged with a violation of this section solely by reason of violating a maximum speed prescribed in section 169.145 or 169.67.

Sec. 20. Minnesota Statutes 1994, section 169.871, is amended by adding a subdivision to read:

Subd. 1b. [CIVIL PENALTY FOR FIRST TWO VIOLATIONS.] Notwithstanding subdivision 1, clauses (a) to (e), a civil penalty under subdivision 1 for a violation in a motor vehicle in the course of a first haul as defined in section 168.013, subdivision 3, clause (3), of a weight limit imposed under sections 169.825, 169.832 to 169.851, and 169.87 that is not preceded by two or more violations of the gross weight limits in those sections in that motor vehicle within the previous 12 months, may not exceed $150.

Sec. 21. Minnesota Statutes 1994, section 169.98, subdivision 1, is amended to read:

Subdivision 1. [COLORS AND MARKINGS.] Except as provided in subdivisions 2 and 2a, all motor vehicles which are primarily used in the enforcement of highway traffic rules by the state patrol or for general uniform patrol assignment by any municipal police department or other law enforcement agency, except conservation officers, shall have uniform colors and markings as provided herein. Motor vehicles of:

(a) Municipal police departments, including the University of Minnesota police department and park police units, and constables shall be predominantly blue, brown, green or white;

(b) The state patrol shall be predominantly maroon or white; and

(c) The county sheriffs' office shall be predominantly brown or white.

The identity of the governmental unit operating the vehicle shall be displayed on both front door panels and on the rear of the vehicle. The identity may be in the form of a shield or emblem, or may be the word "police," "sheriff," or the words "state patrol" or "conservation officer," as appropriate, with letters not less than 2-1/2 inches high, one-inch wide and of a three-eighths inch brush stroke. The identity shall be of a color contrasting with the background color so that the motor vehicle is easily identifiable as belonging to a specific type of law enforcement agency. Each vehicle shall be marked with its own identifying number on the rear of the vehicle. The number shall be printed in the same size and color required pursuant to this subdivision for identifying words which may be displayed on the vehicle.

Sec. 22. Minnesota Statutes 1994, section 171.07, is amended by adding a subdivision to read:

Subd. 11. [DESIGNATED PARENT.] (a) Upon the written request of the applicant on a form developed by the department, which contains the information specified in paragraph (b), and upon payment of an additional fee of $3.50, the department shall issue a driver's license or Minnesota identification card bearing a symbol or other appropriate identifier indicating that the license holder has appointed an individual to serve as a designated parent under chapter 257A.

(b) The form shall provide as follows:

". . .(Name of parent(s)) . . . appoints . . .(name of designated parent). . . to provide care for . . .(name of child or children). . . when requested by the parent(s) or when the parent(s) is unable to care for the child (children) and unable to request the designated parent's assistance.

The designated parent will care for the child (children) named in this form for (choose one of the following):

(indicate a specified period of time that is less than one year); or

(indicate that care is to be provided for six months).

The designated parent has the powers and duties to make decisions and meet the child's (children's) needs in the areas checked or specified below:

education . . . . .

health care . . . . .

religion . . . . .

day care . . . . .

recreation . . . . .

other . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The designated parent (choose one of the following):

is . . .

is not . . .

authorized to make decisions about financial issues and control financial resources provided for the child (children) by the parent.

This designated parent agreement is effective for four years following the date it is signed by the parent(s), designated parent, any child age 14 or older, and any alternate designated parent. However, the agreement may be canceled by a parent, a designated parent, or an alternate designated parent at any time before that date, upon notice to the other parties to the agreement.

(Parent(s) signature(s) and Minnesota driver's license(s) or Minnesota identification card number(s))

(Designated parent signature, Minnesota driver's license or Minnesota identification card number, address, and telephone number)

(Alternate designated parent signature, Minnesota driver's license or Minnesota identification card number, address, and telephone number)

(Child age 14 or older signature . . . . . . )

(Date . . . . .)

(Notarization . . . . .)"

(c) The department shall maintain a computerized records system of all persons listed as designated parents by driver's license and identification card applicants. This data shall be released to appropriate law enforcement agencies under section 13.69. Upon a parent's request and payment of a fee of $. . . . . . . . , the department shall revise its list of designated parents and alternates to reflect a change in the appointment of a designated parent.

(d) At the request of the license or card holder, the department shall cancel the designated parent indication without additional charge. However, this paragraph does not prohibit a fee that may be applicable for a duplicate or replacement license or card, renewal of a license, or other service applicable to a driver's license or identification card.

(e) Notwithstanding sections 13.08, subdivision 1, and 13.69, the department and department employees are conclusively presumed to be acting in good faith when employees rely on statements made, in person or by telephone, by persons purporting to be law enforcement and subsequently release information described in paragraph (b). When acting in good faith, the department and department personnel are immune from civil liability and not subject to suit for damages resulting from the release of this information.

(f) The department and its employees:

(1) have no duty to inquire or otherwise determine whether a form submitted under this subdivision contains the signatures of all parents who have legal custody of a child; and

(2) are immune from all civil liability and not subject to suit for damages resulting from a claim that any parent with legal custody of a child has not signed the form.

(g) Of the fees received by the department under this subdivision:

(1) The first $111,000 received in fiscal year 1997 and the first $61,000 received in subsequent fiscal years must be deposited in the general fund.

(2) All other fees must be deposited in the trunk highway fund.

Sec. 23. Minnesota Statutes 1994, section 171.26, is amended to read:

171.26 [MONEY CREDITED TO FUNDS.]

All money received under this chapter must be paid into the state treasury and credited to the trunk highway fund, except as provided in sections 171.06, subdivision 2a; 171.07, subdivision 11, paragraph (g); 171.12, subdivision 8; and 171.29, subdivision 2, paragraph (b).

Sec. 24. [257A.01] [DESIGNATED PARENT.]

A parent who has legal custody of a child may name an adult to serve as a designated parent to care for the parent's minor child for a period of time specified in a designated parent agreement, but not to exceed six months.

Sec. 25. [257A.02] [DESIGNATED PARENT; ALTERNATE.]

An individual acting as a designated parent is exempt in that role from any statute or administrative rule requiring a foster care license but must provide the notice required by section 257A.10 if applicable. A parent who has named a guardian by will for the parent's children may name that guardian or another individual as a designated parent for the child. A parent who has legal custody of more than one child may appoint the same or a different designated parent for each child.

A parent may appoint an alternate designated parent who would serve if the designated parent is unwilling or unable to serve. All the provisions of this chapter dealing with a designated parent apply to an alternate designated parent.

Sec. 26. [257A.03] [POWERS AND DUTIES OF DESIGNATED PARENT.]

Subdivision 1. [GENERAL.] A designated parent has all the powers regarding the care, custody, and financial interests of a minor child specified in the designated parent agreement, except as otherwise provided in this section. A designated parent does not have the power to consent to marriage or adoption of the child.

Subd. 2. [CHILD SUPPORT.] A preexisting child support order is not suspended or terminated during the time a child is cared for by a designated parent, unless otherwise provided by court order. A designated parent has a cause of action for child support against an absent parent under section 256.87, subdivision 5.

Sec. 27. [257A.04] [CONSENTS AND NOTICE REQUIRED.]

To be valid, a designated parent agreement must have the consent of:

(1) every parent whose parental rights to the child have not been terminated; and

(2) the designated parent.

In addition, any child to whom the agreement applies and who is 14 years of age or older shall sign the agreement, to indicate that the child has been notified of the agreement.

Sec. 28. [257A.05] [DURATION.]

Subdivision 1. [IN GENERAL.] Unless canceled earlier under section 257A.08 by a parent or the designated parent, a designated parent agreement is effective for four years, after which date a new agreement may be entered. The new agreement may name the same or a different designated parent. A designated parent agreement automatically terminates as to any child when that child reaches age 18 or is lawfully married.

Subd. 2. [DEATH OF A PARENT.] If a parent dies while a designated parent agreement is in effect, and there is no living parent able to care for the child, the designated parent shall care for the child until a guardian appointed by will is able to take custody of the child or until a court order otherwise provides for the care of the child. However, the designated parent may cancel the agreement at any time under section 257A.08.

Sec. 29. [257A.06] [FORM.]

Subdivision 1. [WRITING.] A designated parent agreement must be made in writing and all signatures must be notarized.

Subd. 2. [DESIGNATED PARENT INDICATION ON DRIVER'S LICENSE.] A parent who wishes to have a designated parent indication placed on the parent's driver's license or identification card under section 171.07, subdivision 11, must submit a copy of the notarized designated parent agreement to the department of public safety and pay any required fee.

Sec. 30. [257A.07] [MULTIPLE AGREEMENTS.]

If more than one otherwise valid designated parent agreement exists regarding the same child, the priority among agreements is determined as follows:

(1) if one or more agreements have been submitted to the department of public safety under section 171.07, subdivision 11, the agreement with the most recent date that has been submitted to the department controls; or

(2) if multiple agreements exist, none of which has been submitted to the department of public safety, the agreement with the most recent date controls.

Sec. 31. [257A.08] [CANCELLATION.]

Subdivision 1. [HOW AND BY WHOM.] A parent may cancel a designated parent agreement at any time. The parent shall notify the designated parent of the cancellation. If the designated parent is caring for the child at the time of cancellation, the child must be returned to the parent immediately upon the parent's request.

A designated parent may decline to serve at any time, and the parent must cancel the agreement immediately upon request by the designated parent. If a designated parent is caring for a child when the designated parent cancels the agreement, the parent must take physical custody of the child immediately. If the parent is unable to resume physical custody at that time:

(1) the parent may name a new designated parent to care for the child who shall immediately take custody of the child; or

(2) the designated parent may contact the local social service agency, which shall take custody of the child.

Subd. 2. [NOTICE TO DEPARTMENT OF PUBLIC SAFETY.] A parent who has had a designated parent indication placed on the parent's driver's license or identification card under section 171.07, subdivision 11, has the responsibility to notify the department of public safety in writing whenever a designated parent agreement is canceled or a new designated parent or alternate is chosen.

Sec. 32. [257A.09] [EXTENDING PERIOD OF CARE.]

If a parent is unable to resume caring for a child upon expiration of the period of care indicated in the designated parent agreement, the period of care may be extended for a length of time agreed by the parent and designated parent, but not to exceed one year. If a parent cannot be contacted or is unable to communicate a decision about the child's care when the agreed period of care expires, the designated parent may:

(1) petition the juvenile court to authorize continued care by the designated parent until the parent is able to resume the child's care, or for one year, whichever is sooner; or

(2) contact the local social service agency, which shall take custody of the child.

Sec. 33. [257A.10] [NOTICE TO LOCAL SOCIAL SERVICE AGENCY; INVESTIGATION.]

If a child has been in the home of a designated parent for 30 days, the designated parent shall promptly notify the local social service agency, any adult siblings of the child, and any living paternal or maternal grandparents, of the following:

(1) the child's name, home address, and the name and home address of the child's parents;

(2) that the child is in the home under a designated parent agreement; and

(3) the length of time the child is expected to remain in the designated parent's home.

The local social service agency may visit the child and the home and may continue to visit and supervise the home and the child or take other appropriate action to assure that the welfare of the child is fully protected.

Sec. 34. [257A.11] [CONTEST OF APPOINTMENT.]

A local social service agency may file a motion in juvenile court to contest a designated parent agreement that applies to a child who is taken into custody under section 260.165 or about whom a petition is filed alleging that the child is in need of protection or services.

Sec. 35. Minnesota Statutes 1994, section 260.173, subdivision 2, is amended to read:

Subd. 2. Notwithstanding the provisions of subdivision 1, if the child had been taken into custody pursuant to section 260.165, subdivision 1, clause (a) or clause (c)(2), and is not alleged to be delinquent, the child shall be detained in the least restrictive setting consistent with the child's health and welfare and in closest proximity to the child's family as possible. Placement may be with a child's relative, a designated parent under chapter 257A, or in a shelter care facility.

Sec. 36. [299D.11] [STATE PATROL VEHICLES; LIGHTING.]

Any motor vehicle of the state patrol that is purchased after July 1, 1996, and used primarily in the enforcement of highway traffic regulations must have all flashing lights authorized under section 169.64, other than turn signals and flashing hazard lights, mounted on the top of the vehicle. This section does not apply to specially marked patrol vehicles described in section 169.98, subdivision 2.

Sec. 37. [APPROPRIATION TO PAY INITIAL COSTS OF OLYMPIC PLATES.]

(a) The Minnesota amateur sports commission shall pay the commissioner an amount determined by the commissioner to equal the administrative, handling, and manufacturing costs of the first production of Olympic license plates. Production of license plates must begin after the commissioner receives payment.

(b) The amount determined by the commissioner under paragraph (a) is appropriated to the commissioner of public safety to pay the costs of the first production of Olympic license plates. The sum is available until spent.

(c) The amount paid by the Minnesota amateur sports commission to the commissioner under paragraph (a) is appropriated to the Minnesota amateur sports commission from the highway user tax distribution fund. This appropriation is available to the extent that Olympic license plates are sold and receipts are credited to the highway user tax distribution fund.

Sec. 38. [DESIGN-BUILD METHOD OF CONSTRUCTION.]

Beginning with the capital budget projects approved by law in 1996, the commissioner of administration or the commissioner of transportation may use a design-build method of project development and construction for projects to construct new vehicle and equipment storage or maintenance facilities. "Design-build method of project development and construction" means a project delivery system in which a single contractor is responsible for both the design and the construction of the project. The commissioner of administration or the commissioner of transportation may select the projects that will be constructed using the design-build method. Minnesota Statutes, section 16B.33, does not apply to the projects selected. The commissioners are requested to report to the legislature on the use of the design-build method, including comparative cost analysis, quality of product obtained, advantages and disadvantages of using this method, and the commissioners' recommendations for further use of the design-build method.

Sec. 39. [REPORT.]

The commissioner of public safety shall report to the legislature by January 15, 1999, on the fiscal impact of sections 15 and 16. The report must include the total amount paid in refunds and collected in fees under those sections.

Sec. 40. [EFFECTIVE DATE.]

(a) Sections 22 to 35 are effective January 1, 1997. All provisions of this act that make appropriations for fiscal year 1996, or that make any appropriation that is specified as being available immediately, are effective the day following final enactment.

(b) Sections 15 and 16 are effective January 1, 1997, and are repealed June 30, 1999."

Delete the title and insert:

"A bill for an act relating to the organization and operation of state government; appropriating money for the department of transportation and other agencies; setting fees and penalties; regulating and creating related programs and activities; amending Minnesota Statutes 1994, sections 160.85, by adding a subdivision; 168.013, subdivision 3; 168.042, subdivision 8, and by adding a subdivision; 168.12, subdivision 2; 168.123, subdivisions 1 and 4; 168.15; 168.33, by adding a subdivision; 169.121, subdivision 3; 169.82, subdivision 3; 169.871, by adding a subdivision; 169.98, subdivision 1; 171.07, by adding a subdivision; 171.26; and 260.173, subdivision 2; Minnesota Statutes 1995 Supplement, sections 13.69, subdivision 1; and 168.16; proposing coding for new law in Minnesota Statutes, chapters 168; and 299D; proposing coding for new law as Minnesota Statutes, chapter 257A."

The motion prevailed and the amendment was adopted.

Lieder and Garcia moved to amend S. F. No. 2702, as amended, as follows:

Page 3, line 11, delete "5,267,000" and insert "6,000,000"

Correct the summaries by fund accordingly

The question was taken on the Lieder and Garcia amendment and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Onnen moved to amend S. F. No. 2702, as amended, as follows:

Page 24, after line 22, insert:

"Sec. 24. Minnesota Statutes 1994, section 173.08, subdivision 1, is amended to read:

Subdivision 1. [ADVERTISING DEVICES RESTRICTED.] No advertising device, excepting the advertising devices described and permitted under sections 173.01 to 173.27, shall be erected or maintained in an adjacent area, after June 8, 1971, except the following:

(a) Directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, and which comply with rules which shall be promulgated by the commissioner relative to their lighting, size, spacing and other requirements as may be appropriate to implement sections 173.01 to 173.27;

(b) Advertising devices advertising the sale or lease of property upon which they are located, provided that there shall not be more than one such sign, advertising the sale or lease of the same property, visible to traffic proceeding in any one direction on any one interstate or primary highway;

(c) Advertising devices advertising activities conducted on the property on which they are located, including, without limiting the generality of the foregoing, goods sold, stored, manufactured, processed or mined thereon, services rendered thereon, and entertainment provided thereon;

(d) Advertising devices stating the name and address of the owner, lessee or occupant of such property or information otherwise required or authorized by law to be posted or displayed thereon;

(e) Public utility signs;

(f) Service club and religious notices;

(g) signs that express the religious beliefs of the owner of the property on which the signs are located;

(h) Advertising devices of which the advertising copy or the name of the owner thereof is in no part visible from the traveled way of the aforesaid highways;

(h) (i) Advertising devices which are located, or which are to be located, in business areas and which comply, or will comply when erected, with the provisions of sections 173.01 to 173.27;

(i) (j) Signs placed temporarily by auctioneers under section 169.07;

(j) (k) Community identification signs which are located within two miles of the community and do not exceed 750 square feet. "Community" means a county, town, or home rule charter or statutory city. Prior to the erection of a community identification sign, the community must:

(1) obtain approval from the governing body of the community;

(2) consult with local road authorities on placement and location of the sign; and

(3) obtain consent of the owner of the land on which the sign is to be erected."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Hasskamp was excused between the hours of 3:40 p.m. and 3:50 p.m.

Molnau moved to amend S. F. No. 2702, as amended, as follows:

Page 21, after line 28, insert:

"Sec. 22. Minnesota Statutes 1995 Supplement, section 171.04, subdivision 1, is amended to read:

Subdivision 1. [PERSONS NOT ELIGIBLE.] The department shall not issue a driver's license hereunder:

(1) To any person who is under the age of 16 years; to any person under 18 years unless such person shall have successfully completed a course in driver education, including both classroom and behind-the-wheel instruction, approved by the state board of education for courses offered through the public schools, or, in the case of a course offered by a private, commercial driver education school or institute, by the department of public safety; except when such person has completed a course of driver education in another state or has a previously issued valid license from another state or country; nor to any person under 18 years unless the application of license is approved by either parent when both reside in the same household as the minor applicant, otherwise the parent or spouse of the parent having custody or with whom the minor is living in the event there is no court order for custody, or guardian having the custody of such minor, or in the event a person under the age of 18 has no living father, mother or guardian, the license shall not be issued to such person unless the application therefor is approved by the person's employer. Driver education courses offered in any public school shall be open for enrollment to persons between the ages of 15 and 18 years residing in the school district or attending school therein. Any public school offering driver education courses may charge an enrollment fee for the driver education course which shall not exceed the actual cost thereof to the public school and the school district. The approval required herein shall contain a verification of the age of the applicant;

(2) To any person who is under the age of 18 years unless the person has applied for, been issued, and possessed the appropriate instruction permit for a minimum of six months;

(3) To any person whose license has been suspended during the period of suspension except that a suspended license may be reinstated during the period of suspension upon the licensee furnishing proof of financial responsibility in the same manner as provided in the Minnesota no-fault automobile insurance act;

(3) (4) To any person whose license has been revoked except upon furnishing proof of financial responsibility in the same manner as provided in the Minnesota no-fault automobile insurance act and if otherwise qualified;

(4) (5) To any person who is a drug dependent person as defined in section 254A.02, subdivision 5;

(5) (6) To any person who has been adjudged legally incompetent by reason of mental illness, mental deficiency, or inebriation, and has not been restored to capacity, unless the department is satisfied that such person is competent to operate a motor vehicle with safety to persons or property;

(6) (7) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination;

(7) (8) To any person who is required under the provisions of the Minnesota no-fault automobile insurance act of this state to deposit proof of financial responsibility and who has not deposited such proof;

(8) (9) To any person when the commissioner has good cause to believe that the operation of a motor vehicle on the highways by such person would be inimical to public safety or welfare;

(9) (10) To any person when, in the opinion of the commissioner, such person is afflicted with or suffering from such physical or mental disability or disease as will affect such person in a manner to prevent the person from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways; nor to a person who is unable to read and understand official signs regulating, warning, and directing traffic;

(10) (11) To a child for whom a court has ordered denial of driving privileges under section 260.191, subdivision 1, or 260.195, subdivision 3a, until the period of denial is completed; or

(11) (12) To any person whose license has been canceled, during the period of cancellation.

Sec. 23. Minnesota Statutes 1994, section 171.05, is amended by adding a subdivision to read:

Subd. 2a. [PERMIT FOR SIX MONTHS.] An applicant who has applied for and received an instruction permit pursuant to subdivision 2 must possess the instruction permit for not less than six months before qualifying for a driver's license."

Renumber sections and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Molnau amendment and the roll was called. There were 127 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Olson, M.    Smith
Anderson, B. Farrell      Koppendrayer Onnen        Stanek
Anderson, R. Finseth      Kraus        Opatz        Sviggum
Bakk         Frerichs     Krinkie      Orenstein    Swenson, D.
Bertram      Garcia       Larsen       Orfield      Swenson, H.
Bettermann   Girard       Leighton     Osskopp      Sykora
Bishop       Goodno       Leppik       Osthoff      Tomassoni
Boudreau     Greenfield   Lieder       Ostrom       Trimble
Bradley      Greiling     Lindner      Otremba      Tuma
Broecker     Gunther      Long         Ozment       Tunheim
Brown        Haas         Lourey       Paulsen      Van Dellen
Carlson, L.  Harder       Lynch        Pawlenty     Van Engen
Carlson, S.  Hausman      Macklin      Pellow       Vickerman
Carruthers   Holsten      Mahon        Pelowski     Wagenius
Clark        Huntley      Mares        Perlt        Warkentin
Commers      Jaros        Mariani      Peterson     Weaver
Cooper       Jefferson    Marko        Pugh         Wejcman
Daggett      Jennings     McCollum     Rest         Wenzel
Dauner       Johnson, A.  McElroy      Rhodes       Winter
Davids       Johnson, R.  McGuire      Rice         Wolf
Dawkins      Johnson, V.  Milbert      Rostberg     Worke
Dehler       Kahn         Molnau       Rukavina     Workman
Delmont      Kalis        Mulder       Sarna        Sp.Anderson,I
JOURNAL OF THE HOUSE - 88th Day - Top of Page 7836

Dempsey      Kelley       Munger       Schumacher   
Dorn         Kelso        Murphy       Seagren      
Entenza      Knight       Ness         Skoglund     

Kinkel  Luther       Solberg      

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

Dawkins, Luther and Goodno moved to amend S. F. No. 2702, as amended, as follows:

Page 11, line 19, delete "or"

Page 11, line 29, before the period insert "; or

(3) special license plates to an applicant who served in the United States Peace Corps, Volunteers in Service to America (VISTA), or Americorps, presents satisfactory proof of 12 months of service and is an owner or joint owner of a passenger automobile, pickup truck, van, or self-propelled recreational equipment"

Page 12, line 13, delete "clause (1)" and insert "clauses (1) or (3)"

The motion prevailed and the amendment was adopted.

Kalis moved to amend S. F. No. 2702, as amended, as follows:

Page 5, after line 9, insert:

"Sec. 7. Minnesota Statutes 1994, section 161.14, is amended by adding a subdivision to read:

Subd. 32. [VICTORY DRIVE.] Marked trunk highway No. 22, from its intersection with marked trunk highways No. 14 and 60 in the city of Mankato to its intersection with marked trunk highway No. 30 in the city of Mapleton, is designated "Victory Drive." The commissioner of transportation shall adopt a suitable design for marking this highway and shall erect appropriate signs at locations the commissioner determines.

Sec. 8. Minnesota Statutes 1994, section 161.14, is amended by adding a subdivision to read:

Subd. 33. [VETERANS MEMORIAL HIGHWAY.] Marked trunk highway No. 15, from its intersection with marked trunk highway No. 60 to its intersection with the Iowa border, is designated "Veterans Memorial Highway." The commissioner of transportation shall adopt a suitable design for marking this highway and shall erect appropriate signs at locations the commissioner determines.

Sec. 9. Minnesota Statutes 1994, section 161.14, is amended by adding a subdivision to read:

Subd. 34. [DALE WAYRYNEN MEMORIAL HIGHWAY.] That segment of marked trunk highway No. 210 located within Aitkin county is designated "Dale Wayrynen Memorial Highway." The commissioner of transportation shall erect appropriate signs after adopting a marking design for the signs, which suitably commemorates Dale Wayrynen, posthumous recipient of the Congressional Medal of Honor, for heroism displayed during the Vietnam War."

Page 30, after line 11, insert:

"(c) Sections 7, 8, and 9 are effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Sviggum moved to amend S. F. No. 2702, as amended, as follows:

Page 2, line 13, delete "35,685,000" and insert "33,124,000"

Page 2, line 22, delete "6,160,000" and insert "5,610,000"

Page 3, line 25, delete "150,000" and insert "3,261,000"

Page 3, line 31, delete "officers" and insert "operators and 40 additional state troopers"

The question was taken on the Sviggum amendment and the roll was called. There were 48 yeas and 79 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Larsen       Paulsen      Tuma
Bettermann   Goodno       Leppik       Pawlenty     Van Dellen
Boudreau     Gunther      Lindner      Pellow       Van Engen
Bradley      Haas         Lynch        Rhodes       Vickerman
Broecker     Holsten      Mares        Rostberg     Warkentin
Commers      Jennings     McElroy      Smith        Weaver
Daggett      Johnson, V.  Mulder       Stanek       Worke
Dehler       Knoblach     Munger       Sviggum      Workman 
Dempsey      Koppendrayer Ness         Swenson, D.  
Erhardt      Kraus        Ozment       Swenson, H.  

Anderson, B. Finseth      Kinkel       Olson, E.    Sarna
Anderson, R. Frerichs     Krinkie      Olson, M.    Schumacher
Bakk         Garcia       Leighton     Onnen        Seagren
Bertram      Greenfield   Lieder       Opatz        Skoglund
Brown        Greiling     Long         Orenstein    Solberg
Carlson, L.  Hackbarth    Lourey       Orfield      Sykora
Carlson, S.  Harder       Luther       Osskopp      Tomassoni
Carruthers   Hausman      Macklin      Osthoff      Trimble
Clark        Huntley      Mahon        Otremba      Tunheim
Cooper       Jaros        Mariani      Pelowski     Wagenius
Dauner       Jefferson    Marko        Perlt        Wejcman
Davids       Johnson, A.  McCollum     Peterson     Wenzel
Dawkins      Johnson, R.  McGuire      Pugh         Winter
Dorn         Kahn         Milbert      Rest         Wolf
Entenza      Kalis        Molnau       Rice         Sp.Anderson,I
Farrell      Kelley       Murphy       Rukavina     

Johnson, V., moved to amend S. F. No. 2702, as amended, as follows:

Pages 20 and 21, delete section 21

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.

Hasskamp moved to amend S. F. No. 2702, as amended, as follows:

Page 30, after line 3, insert:

"Sec. 40. [HIGHWAY ACCESS IN CITY OF JENKINS.]

The commissioners of transportation and natural resources shall allow access by motor vehicle across the Paul Bunyan Trail to trunk highway marked No. 371 from property lying on the west side of the trail. The access must be by easement granted by the state in a form approved by the attorney general."

Page 30, line 4, delete "40" and insert "41"

The motion prevailed and the amendment was adopted.

Sviggum moved to amend S. F. No. 2702, as amended, as follows:

Page 3, line 25, delete "150,000" and insert "3,261,000"

Page 3, line 31, delete everything after "communications" and insert "operators and 40 additional state troopers."

Page 3, delete lines 32 to 33

Adjust fund totals accordingly

The question was taken on the Sviggum amendment and the roll was called. There were 48 yeas and 82 nays as follows:

Those who voted in the affirmative were:

Abrams       Goodno       Lynch        Paulsen      Sykora
Bettermann   Haas         Macklin      Pawlenty     Tuma
Boudreau     Holsten      Mares        Pellow       Van Dellen
Bradley      Jennings     McElroy      Rhodes       Van Engen
Broecker     Knoblach     Molnau       Rostberg     Vickerman
Carlson, S.  Koppendrayer Mulder       Smith        Warkentin
Commers      Kraus        Ness         Stanek       Weaver
Daggett      Larsen       Olson, M.    Sviggum      Worke 
Dempsey      Leppik       Onnen        Swenson, D.  
Girard       Lindner      Osskopp      Swenson, H.  

Anderson, B. Farrell      Kahn         Munger       Schumacher
Anderson, R. Finseth      Kalis        Murphy       Skoglund
Bakk         Frerichs     Kelley       Olson, E.    Solberg
Bertram      Garcia       Kelso        Opatz        Tomassoni
Bishop       Greenfield   Kinkel       Orenstein    Tompkins
Brown        Greiling     Krinkie      Orfield      Trimble
Carlson, L.  Gunther      Leighton     Osthoff      Tunheim
Carruthers   Hackbarth    Lieder       Ostrom       Wagenius
JOURNAL OF THE HOUSE - 88th Day - Top of Page 7839

Clark        Harder       Long         Otremba      Wejcman
Cooper       Hasskamp     Lourey       Pelowski     Wenzel
Dauner       Hausman      Luther       Perlt        Winter
Davids       Huntley      Mahon        Peterson     Wolf
Dawkins      Jaros        Mariani      Pugh         Workman
Dehler       Jefferson    Marko        Rest         Sp.Anderson,I
Dorn         Johnson, A.  McCollum     Rice         
Entenza      Johnson, R.  McGuire      Rukavina     
Erhardt      Johnson, V.  Milbert      Sarna        

The Speaker called Trimble to the Chair.

Bishop offered an amendment to S. F. No. 2702, as amended.

Osthoff raised a point of order pursuant to rule 3.09 that the Bishop amendment was not in order. Speaker pro tempore Trimble ruled the point of order well taken and the amendment out of order.

Dehler offered an amendment to S. F. No. 2702, as amended.

Rice raised a point of order pursuant to rule 3.10 that the Dehler amendment was not in order. Speaker pro tempore Trimble ruled the point of order well taken and the amendment out of order.

Krinkie moved to amend S. F. No. 2702, as amended, as follows:

Pages 5 to 8, delete section 7

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called. There were 27 yeas and 105 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Krinkie      Paulsen      Warkentin
Bishop       Haas         Larsen       Pawlenty     Weaver
Bradley      Hackbarth    Lindner      Seagren      Workman 
Broecker     Holsten      Lynch        Swenson, D.  
Carlson, S.  Jennings     Macklin      Sykora       
Commers      Knoblach     Mares        Van Dellen   

Anderson, B. Garcia       Leighton     Orenstein    Stanek
Anderson, R. Girard       Leppik       Orfield      Sviggum
Bertram      Goodno       Lieder       Osskopp      Swenson, H.
Bettermann   Greenfield   Long         Osthoff      Tomassoni
Boudreau     Greiling     Lourey       Ostrom       Tompkins
Brown        Gunther      Luther       Otremba      Trimble
Carlson, L.  Harder       Mahon        Ozment       Tuma
Carruthers   Hasskamp     Mariani      Pellow       Tunheim
Clark        Hausman      Marko        Pelowski     Van Engen
Cooper       Huntley      McCollum     Perlt        Vickerman
Daggett      Jaros        McElroy      Peterson     Wagenius
Dauner       Jefferson    McGuire      Pugh         Wejcman
Davids       Johnson, A.  Milbert      Rest         Wenzel
JOURNAL OF THE HOUSE - 88th Day - Top of Page 7840

Dawkins      Johnson, R.  Molnau       Rhodes       Winter
Dehler       Johnson, V.  Mulder       Rice         Wolf
Delmont      Kahn         Munger       Rostberg     Worke
Dempsey      Kalis        Murphy       Rukavina     Sp.Anderson,I
Dorn         Kelley       Ness         Sarna        
Entenza      Kelso        Olson, E.    Schumacher   
Farrell      Kinkel       Olson, M.    Skoglund     
Finseth      Koppendrayer Onnen        Smith        
Frerichs     Kraus        Opatz        Solberg      

Van Engen offered an amendment to S. F. No. 2702, as amended.

Long raised a point of order pursuant to rule 3.09 that the Van Engen amendment was not in order. Speaker pro tempore Trimble ruled the point of order well taken and the amendment out of order.

The Speaker resumed the Chair.

Seagren was excused between the hours of 6:05 p.m. and 6:20 p.m.

Rukavina moved to amend S. F. No. 2702, as amended, as follows:

Page 24, after line 22, insert:

"Sec. 24. Minnesota Statutes 1994, section 173.16, subdivision 5, is amended to read:

Subd. 5. [LOCAL CONTROL.] (1) (a) Whenever a bona fide county or local zoning authority has made a legitimate determination of customary usage and in the judgment of the commissioner, reasonably provides for size, lighting and spacing control of advertising devices, such determination shall be accepted in lieu of the provisions of this chapter in the zoned commercial and industrial areas within the geographical jurisdiction of such authority.

(2) (b) All county and local zoning authorities shall give notice to the commissioner of transportation of the establishment or revision of any commercial and industrial zones pursuant to subdivision 1. Notice shall be by certified mail sent to the office of the commissioner of transportation in St. Paul, Minnesota, within 15 days after the effective date of the zoning change or establishment.

(3) (c) The commissioner may not disapprove any zoning ordinance adopted by a county or local zoning authority that has the effect of establishing a business area unless the zoning ordinance would result in the loss to the state of federal highway funds.

(d) To the extent permitted by federal law, a sign may be located in an area that is zoned by a local zoning authority for mixed shoreline use and in which a business is operated under a conditional use permit granted by that authority, if not more than half of the sign face advertises activities not conducted on the property on which the sign is located and the sign is permitted by its local zoning authority."

Renumber sections and correct internal references

Amend the title accordingly

Osskopp and Anderson, R., moved to amend the Rukavina amendment to S. F. No. 2702, as amended, as follows:

Page 2, after line 7, insert:

"Sec. 2. [OUTDOOR ADVERTISING; CITY AND TOWN OF PLAINVIEW.]

Notwithstanding Minnesota Statutes, chapter 173:

(1) the city of Plainview may by ordinance authorize the erection and maintenance of an outdoor advertising device in the city that advertises a business activity conducted by the owner of the property on which the sign is located; and

(2) the town of Plainview may by ordinance authorize the erection and maintenance of an outdoor advertising device in the town that advertises a business activity conducted by the owner of the property on which the sign is located.

Sec. 3. [OUTDOOR ADVERTISEMENT; PERMIT REQUIRED.]

Notwithstanding any provision of Minnesota Statutes, chapter 173, the commissioner of transportation shall issue a permit under Minnesota Statutes, section 173.13 for up to three advertising devices that (1) advertise the same business activity, and (2) are located at or near the intersection of marked trunk highway No. 78 with Otter Tail county highway No. 126. The provisions of Minnesota Statutes, section 173.16, do not apply to the signs for which permits must be issued under this section."

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Rukavina amendment, as amended, to S. F. No. 2702, as amended. The motion prevailed and the amendment, as amended, was adopted.

S. F. No. 2702, A bill for an act relating to transportation; appropriating money for transportation purposes.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Kinkel       Ness         Smith
Anderson, B. Finseth      Knoblach     Olson, E.    Solberg
Anderson, R. Frerichs     Koppendrayer Olson, M.    Stanek
Bertram      Garcia       Kraus        Onnen        Sviggum
Bettermann   Girard       Larsen       Opatz        Swenson, D.
Bishop       Goodno       Leighton     Orenstein    Swenson, H.
Boudreau     Greenfield   Leppik       Orfield      Sykora
Bradley      Greiling     Lieder       Osskopp      Tomassoni
Broecker     Gunther      Lindner      Osthoff      Tompkins
Brown        Haas         Long         Ostrom       Trimble
Carlson, L.  Hackbarth    Lourey       Otremba      Tuma
Carlson, S.  Harder       Luther       Ozment       Tunheim
Carruthers   Hasskamp     Lynch        Paulsen      Van Dellen
Clark        Hausman      Macklin      Pawlenty     Van Engen
Commers      Holsten      Mahon        Pellow       Vickerman
Cooper       Huntley      Mares        Pelowski     Wagenius
Daggett      Jaros        Mariani      Perlt        Warkentin
Dauner       Jefferson    Marko        Peterson     Weaver
Davids       Jennings     McCollum     Pugh         Wejcman
Dawkins      Johnson, A.  McElroy      Rest         Wenzel
Dehler       Johnson, R.  McGuire      Rhodes       Winter
Delmont      Johnson, V.  Milbert      Rostberg     Wolf
Dempsey      Kahn         Molnau       Rukavina     Worke
Dorn         Kalis        Mulder       Sarna        Workman
Entenza      Kelley       Munger       Schumacher   Sp.Anderson,I
Erhardt      Kelso        Murphy       Skoglund     
JOURNAL OF THE HOUSE - 88th Day - Top of Page 7842

Krinkie                   

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

H. F. Nos. 2205 and 3118.

H. F. No. 2205 was reported to the House.

Johnson, A., moved to amend H. F. No. 2205, the first engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 239.791, subdivision 1, is amended to read:

Subdivision 1. [MINIMUM OXYGEN CONTENT REQUIRED.] A person responsible for the product shall comply with the following requirements:

(a) After October 1, 1993, gasoline sold or offered for sale in a carbon monoxide control area, and during a carbon monoxide control period, must contain at least 2.7 percent oxygen by weight.

(b) After October 1, 1995, gasoline sold or offered for sale at any time in a carbon monoxide control area must contain at least 2.7 percent oxygen by weight.

(c) After October January 1, 1997, all gasoline sold or offered for sale in Minnesota must contain at least 2.7 percent oxygen by weight.

Sec. 2. Minnesota Statutes 1994, section 239.791, is amended by adding a subdivision to read:

Subd. 2a. [EXEMPTION FOR PREMIUM GASOLINE.] Except as required by federal law, premium gasoline, as described in section 239.751, subdivision 4, sold or offered for sale is not subject to the requirements of subdivision 1. This exemption expires when the sale of gasoline exempted from subdivision 1 reaches 15 percent of the total sales of gasoline in the state as determined by the director.

Sec. 3. [EFFECTIVE DATE.]

Section 2 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to motor fuels; modifying the statewide oxygenation requirement; conditionally exempting premium gasoline from oxygenation requirement; amending Minnesota Statutes 1994, section 239.791, subdivision 1, and by adding a subdivision."

A roll call was requested and properly seconded.

The question was taken on the Johnson, A., amendment and the roll was called. There were 100 yeas and 30 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Olson, M.    Solberg
Anderson, B. Farrell      Kraus        Opatz        Stanek
Anderson, R. Garcia       Krinkie      Orfield      Swenson, D.
Bettermann   Goodno       Larsen       Osthoff      Sykora
Bishop       Greenfield   Leppik       Ostrom       Tomassoni
Boudreau     Greiling     Lindner      Ozment       Tompkins
Bradley      Gunther      Long         Paulsen      Trimble
Broecker     Haas         Luther       Pawlenty     Tunheim
Carlson, L.  Hackbarth    Lynch        Pellow       Van Dellen
Carlson, S.  Hasskamp     Macklin      Perlt        Wagenius
Carruthers   Holsten      Mahon        Pugh         Warkentin
Clark        Huntley      Mares        Rest         Weaver
Commers      Jaros        Mariani      Rhodes       Wejcman
Cooper       Jefferson    Marko        Rice         Wolf
Daggett      Jennings     McCollum     Rostberg     Workman
Dawkins      Johnson, A.  McGuire      Rukavina     Sp.Anderson,I
Dehler       Johnson, R.  Milbert      Sarna        
Delmont      Kahn         Mulder       Schumacher   
Dempsey      Kelley       Munger       Seagren      
Dorn         Kelso        Murphy       Skoglund     
Entenza      Kinkel       Ness         Smith        

Bertram      Harder       McElroy      Peterson     Winter
Brown        Johnson, V.  Molnau       Sviggum      Worke 
Dauner       Kalis        Olson, E.    Swenson, H.  
Davids       Koppendrayer Onnen        Tuma         
Finseth      Leighton     Osskopp      Van Engen    
Frerichs     Lieder       Otremba      Vickerman    
Girard       Lourey       Pelowski     Wenzel       

Johnson, A., moved to amend H. F. No. 2205, the first engrossment, as amended, as follows:

Page 2, line 1, after "total" insert "annual"

The motion prevailed and the amendment was adopted.

Harder moved that H. F. No. 2205 be re-referred to the Committee on Agriculture.

A roll call was requested and properly seconded.

The question was taken on the Harder motion and the roll was called. There were 61 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Finseth      Leighton     Osskopp      Tuma
Anderson, R. Frerichs     Lieder       Osthoff      Tunheim
Bertram      Girard       Lourey       Ostrom       Van Dellen
Bettermann   Goodno       Milbert      Otremba      Van Engen
Boudreau     Gunther      Molnau       Pelowski     Vickerman
Brown        Harder       Mulder       Peterson     Wenzel
Cooper       Hausman      Munger       Pugh         Winter
Daggett      Huntley      Ness         Rice         Worke
Dauner       Johnson, V.  Olson, E.    Sarna        Workman 
Davids       Kalis        Onnen        Schumacher   
Dehler       Kelso        Opatz        Sviggum      
Dempsey      Koppendrayer Orenstein    Swenson, H.  
Dorn         Kraus        Orfield      Trimble      

Abrams       Garcia       Krinkie      McGuire      Smith
Bishop       Greenfield   Larsen       Murphy       Solberg
Bradley      Greiling     Leppik       Olson, M.    Stanek
Broecker     Haas         Lindner      Ozment       Swenson, D.
Carlson, L.  Hackbarth    Long         Paulsen      Sykora
Carlson, S.  Holsten      Luther       Pawlenty     Tomassoni
Carruthers   Jaros        Lynch        Pellow       Tompkins
JOURNAL OF THE HOUSE - 88th Day - Top of Page 7844

Clark        Jefferson    Macklin      Perlt        Wagenius
Commers      Jennings     Mahon        Rest         Warkentin
Dawkins      Johnson, A.  Mares        Rhodes       Weaver
Delmont      Johnson, R.  Mariani      Rostberg     Wejcman
Entenza      Kelley       Marko        Rukavina     Wolf
Erhardt      Kinkel       McCollum     Seagren      Sp.Anderson,I
Farrell      Knoblach     McElroy      Skoglund     

Peterson; Pugh; Johnson, V.; Winter; Trimble; Leighton; Mulder; Orfield; Larsen; Olson, E.; Warkentin; McElroy; Ness; Dempsey; Swenson, H.; Worke; Wagenius; Harder; Otremba; Bettermann; Cooper; Sarna; Gunther; Lourey; Opatz; Wenzel; Van Engen; Rice; Solberg; Greiling; Mahon; Finseth; Milbert; Davids; Lieder; Pelowski; Kalis; Bakk; Hausman; Brown; Tompkins; Bertram; Sykora; Anderson, R.; Entenza; Schumacher; Molnau; Osthoff; Boudreau; Carlson, S., and Dauner moved to amend H. F. No. 2205, the first engrossment, as amended, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 1a. [AIRPORT.] "Airport" has the meaning given it in section 360.013, subdivision 5.

Sec. 2. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 6d. [COLLECTOR VEHICLE.] "Collector vehicle" means a motor vehicle for which the commissioner of public safety has issued a pioneer license, classic car license, collector license, or street rod license under section 168.10, or a motor vehicle registered as a collector vehicle in another state.

Sec. 3. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 8f. [MARINA.] "Marina" has the meaning given it in section 86A.20, subdivision 5.

Sec. 4. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 8g. [MOORING FACILITY.] "Mooring facility" has the meaning given it in section 86A.20, subdivision 3.

Sec. 5. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 9a. [MOTORCYCLE.] "Motorcycle" has the meaning given it in section 168.011, subdivision 26.

Sec. 6. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 13b. [RESORT.] "Resort" has the meaning given it in section 157.15, subdivision 11.

Sec. 7. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 5a. [SNOWMOBILE.] "Snowmobile" has the meaning given it in section 84.81, subdivision 3.

Sec. 8. Minnesota Statutes 1994, section 239.791, subdivision 1, is amended to read:

Subdivision 1. [MINIMUM OXYGEN CONTENT REQUIRED.] Except as provided in subdivisions 10 to 12, a person responsible for the product shall comply with the following requirements:

(a) After October 1, 1993, gasoline sold or offered for sale in a carbon monoxide control area, and during a carbon monoxide control period, must contain at least 2.7 percent oxygen by weight.

(b) After October 1, 1995, gasoline sold or offered for sale at any time in a carbon monoxide control area must contain at least 2.7 percent oxygen by weight.

(c) (b) After October 1, 1997, all gasoline sold or offered for sale in Minnesota must contain at least 2.7 percent oxygen by weight.

Sec. 9. Minnesota Statutes 1994, section 239.791, is amended by adding a subdivision to read:

Subd. 10. [EXEMPTION FOR AIRPORTS, MARINAS, MOORING FACILITIES, AND RESORTS.] A person responsible for the product may offer for sale, sell, or dispense at an airport, marina, mooring facility, or resort, gasoline that is not oxygenated in accordance with subdivision 1 if the gasoline is unleaded premium grade as defined in section 239.751, subdivision 4.

Sec. 10. Minnesota Statutes 1994, section 239.791, is amended by adding a subdivision to read:

Subd. 11. [EXEMPTION FOR MOTOR SPORTS RACING.] A person responsible for the product may offer for sale, sell, or dispense at a public or private racecourse, gasoline that is not oxygenated in accordance with subdivision 1 if the gasoline is intended to be used exclusively as a fuel for off-highway motor sports racing events.

Sec. 11. Minnesota Statutes 1994, section 239.791, is amended by adding a subdivision to read:

Subd. 12. [EXEMPTION FOR COLLECTOR VEHICLES AND OFF-ROAD USE.] Except during a carbon monoxide control period in a carbon monoxide control area, a person responsible for the product may offer for sale, sell, or dispense at a retail gasoline station for use in a collector vehicle or a vehicle eligible to be licensed as a collector vehicle, off-road vehicles, motorcycles, boats, or snowmobiles, gasoline that is not oxygenated in accordance with subdivision 1 if the person meets the conditions in paragraphs (a) to (c).

(a) The non-oxygenated gasoline must be unleaded premium grade as defined in section 239.751, subdivision 4.

(b) Not more than one pump or other dispenser on the premises of a retail gasoline station shall be used to dispense non-oxygenated gasoline.

(c) The pump stands must be posted with a permanent notice stating: "FUEL DISPENSED FROM THIS PUMP MUST BE USED ONLY IN A COLLECTOR VEHICLE OR A VEHICLE ELIGIBLE TO BE LICENSED AS A COLLECTOR VEHICLE, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, OR SNOMOBILES."

Sec. 12. [EFFECTIVE DATE.]

Sections 1 to 11 are effective the day following final enactment."

Amend the title accordingly

A roll call was requested and properly seconded.

Peterson and Rukavina moved to amend the Peterson et al amendment to H. F. No. 2205, the first engrossment, as amended, as follows:

Page 2, line 28, after the headnote, insert "Except during a carbon monoxide control period in a carbon monoxide control area,"

Page 3, delete lines 18 to 20, and insert

"(b) No more than one storage tank on the premises of the retail gasoline station may be used for storage of the non-oxygenated gasoline offered for sale, sold, or dispensed by the station."

Renumber the sections in sequence and correct internal references

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 116 yeas and 15 nays as follows:

Those who voted in the affirmative were:

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

Anderson, B. Hackbarth    Olson, M.    Stanek       
Broecker     Holsten      Pellow       Tompkins     
Erhardt      Krinkie      Perlt        Workman      
Haas         Larsen       Rhodes       

Delmont moved to amend the Peterson et al amendment to H. F. No. 2205, the first engrossment, as amended, as follows:

Page 2, line 22, strike "October 1, 1997" and insert "May 1, 1996"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 50 yeas and 81 nays as follows:

Those who voted in the affirmative were:

Abrams       Greenfield   Leppik       McGuire      Rice
Broecker     Haas         Lindner      Milbert      Rostberg
Carlson, L.  Hackbarth    Long         Orenstein    Seagren
Carlson, S.  Holsten      Luther       Osthoff      Skoglund
Commers      Jefferson    Lynch        Paulsen      Smith
Cooper       Jennings     Macklin      Pawlenty     Stanek
Delmont      Johnson, A.  Mares        Pellow       Tompkins
Erhardt      Johnson, R.  Mariani      Perlt        Trimble
Farrell      Krinkie      Marko        Pugh         Warkentin
Garcia       Larsen       McCollum     Rhodes       Weaver 

Anderson, B. Entenza      Knoblach     Orfield      Tuma
Anderson, R. Finseth      Koppendrayer Osskopp      Tunheim
Bertram      Frerichs     Kraus        Ostrom       Van Dellen
Bettermann   Girard       Leighton     Otremba      Van Engen
Bishop       Goodno       Lieder       Ozment       Vickerman
Boudreau     Greiling     Lourey       Pelowski     Wagenius
Bradley      Gunther      Mahon        Peterson     Wejcman
Brown        Harder       McElroy      Rest         Wenzel
Carruthers   Hasskamp     Molnau       Rukavina     Winter
Clark        Hausman      Mulder       Sarna        Wolf
Daggett      Huntley      Munger       Schumacher   Worke
JOURNAL OF THE HOUSE - 88th Day - Top of Page 7847

Dauner       Jaros        Murphy       Solberg      Workman
Davids       Johnson, V.  Ness         Sviggum      Sp.Anderson,I
Dawkins      Kalis        Olson, E.    Swenson, D.  
Dehler       Kelley       Olson, M.    Swenson, H.  
Dempsey      Kelso        Onnen        Sykora       
Dorn         Kinkel       Opatz        Tomassoni    

The question recurred on the Peterson et al amendment, as amended, and the roll was called. There were 83 yeas and 46 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Finseth      Koppendrayer Orenstein    Swenson, H.
Bertram      Frerichs     Kraus        Orfield      Sykora
Bettermann   Girard       Leighton     Osskopp      Tomassoni
Boudreau     Goodno       Lieder       Osthoff      Trimble
Brown        Greenfield   Lourey       Ostrom       Tuma
Carlson, L.  Greiling     Mahon        Otremba      Tunheim
Carruthers   Gunther      Mariani      Pawlenty     Van Dellen
Clark        Harder       McCollum     Pelowski     Van Engen
Cooper       Hasskamp     McElroy      Peterson     Vickerman
Dauner       Hausman      Milbert      Pugh         Wagenius
Davids       Huntley      Molnau       Rest         Wejcman
Dawkins      Jaros        Mulder       Rice         Wenzel
Dehler       Johnson, R.  Munger       Rukavina     Winter
Dempsey      Johnson, V.  Ness         Sarna        Worke
Dorn         Kalis        Olson, E.    Schumacher   Sp.Anderson,I
Entenza      Kelley       Onnen        Solberg      
Farrell      Kinkel       Opatz        Sviggum      

Abrams       Garcia       Larsen       Olson, M.    Stanek
Anderson, B. Haas         Leppik       Ozment       Swenson, D.
Bishop       Hackbarth    Lindner      Paulsen      Tompkins
Bradley      Holsten      Luther       Pellow       Warkentin
Broecker     Jefferson    Lynch        Perlt        Weaver
Carlson, S.  Jennings     Macklin      Rhodes       Wolf 
Commers      Johnson, A.  Mares        Rostberg     
Daggett      Kelso        Marko        Seagren      
Delmont      Knoblach     McGuire      Skoglund     
Erhardt      Krinkie      Murphy       Smith        

Johnson, A., moved to amend H. F. No. 2205, the first engrossment, as amended, as follows:

Pages 2 and 3, delete sections 9 and 10

Page 3, line 7, delete everything after "EXEMPTION" and insert a period

Page 3, line 8, delete everything before the bracket

Page 3, delete lines 11 and 12

Page 3, line 13, delete "boats, or snowmobiles,"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Osthoff raised a point of order pursuant to section 421 of "Mason's Manual of Legislative Procedure" relating to equivalent amendments. The Speaker ruled the point of order not well taken and the Johnson, A., amendment in order.

The question recurred on the Johnson, A., amendment and the roll was called. There were 49 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knoblach     McCollum     Seagren
Anderson, B. Garcia       Krinkie      McGuire      Smith
Bishop       Goodno       Larsen       Olson, M.    Stanek
Bradley      Haas         Leppik       Ozment       Swenson, D.
Broecker     Hackbarth    Lindner      Paulsen      Tomassoni
Carlson, S.  Holsten      Luther       Pawlenty     Tompkins
Commers      Jefferson    Lynch        Pellow       Warkentin
Daggett      Jennings     Macklin      Perlt        Weaver
Delmont      Johnson, A.  Mares        Rhodes       Wolf 
Erhardt      Johnson, R.  Mariani      Rostberg     

Anderson, R. Frerichs     Leighton     Osthoff      Tuma
Bertram      Girard       Lieder       Ostrom       Tunheim
Bettermann   Greenfield   Lourey       Otremba      Van Dellen
Boudreau     Greiling     Mahon        Pelowski     Van Engen
Brown        Gunther      McElroy      Peterson     Vickerman
Carlson, L.  Harder       Milbert      Pugh         Wagenius
Carruthers   Hasskamp     Molnau       Rest         Wejcman
Clark        Hausman      Mulder       Rice         Wenzel
Cooper       Huntley      Munger       Rukavina     Winter
Dauner       Jaros        Murphy       Sarna        Worke
Davids       Johnson, V.  Ness         Schumacher   Workman
Dawkins      Kalis        Olson, E.    Skoglund     Sp.Anderson,I
Dehler       Kelley       Onnen        Solberg      
Dempsey      Kelso        Opatz        Sviggum      
Dorn         Kinkel       Orenstein    Swenson, H.  
Entenza      Koppendrayer Orfield      Sykora       
Finseth      Kraus        Osskopp      Trimble      

Long moved to amend H. F. No. 2205, the first engrossment, as amended, as follows:

Page 2, line 22, strike "1997" and insert "1996"

A roll call was requested and properly seconded.

The question was taken on the Long amendment and the roll was called. There were 62 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Larsen       McGuire      Skoglund
Bishop       Garcia       Leppik       Milbert      Smith
Bradley      Greenfield   Lindner      Orenstein    Stanek
Broecker     Greiling     Long         Osthoff      Sykora
Carlson, L.  Haas         Luther       Paulsen      Tompkins
Carlson, S.  Holsten      Lynch        Pawlenty     Wagenius
Clark        Jefferson    Macklin      Pellow       Warkentin
Commers      Jennings     Mahon        Perlt        Weaver
Cooper       Johnson, A.  Mares        Pugh         Wejcman
Dawkins      Johnson, R.  Mariani      Rest         Workman 
Delmont      Kelley       Marko        Rhodes       
Entenza      Kelso        McCollum     Rostberg     
Erhardt      Krinkie      McElroy      Seagren      

Anderson, B. Frerichs     Koppendrayer Orfield      Swenson, H.
Anderson, R. Girard       Kraus        Osskopp      Tomassoni
Bertram      Goodno       Leighton     Ostrom       Trimble
Bettermann   Gunther      Lieder       Otremba      Tuma
Boudreau     Hackbarth    Lourey       Ozment       Tunheim
Brown        Harder       Molnau       Pelowski     Van Dellen
Carruthers   Hasskamp     Mulder       Peterson     Van Engen
JOURNAL OF THE HOUSE - 88th Day - Top of Page 7849

Daggett      Hausman      Munger       Rice         Vickerman
Dauner       Huntley      Murphy       Rukavina     Wenzel
Davids       Jaros        Ness         Sarna        Winter
Dehler       Johnson, V.  Olson, E.    Schumacher   Wolf
Dempsey      Kalis        Olson, M.    Solberg      Worke
Dorn         Kinkel       Onnen        Sviggum      Sp.Anderson,I
Finseth      Knoblach     Opatz        Swenson, D.  

Haas and Marko moved to amend H. F. No. 2205, the first engrossment, as amended, as follows:

Page 1, after line 6, insert:

"Sec. 2. [239.754] [OXYGENATED FUEL AVAILABILITY; REMEDY FOR LACK OF PRODUCT.]

If a retailer is out of a petroleum product due to lack of oxygenated fuel availability from the distributor or from unavoidable delays with transportation, the retailer may sell nonoxygenated fuel petroleum products until oxygenated fuel is available."

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "providing a remedy if oxygenated fuel unavailability results in lack of petroleum products;"

Page 1, line 5, after "subdivision" insert "; proposing coding for new law in Minnesota Statutes, chapter 239"

A roll call was requested and properly seconded.

The question was taken on the Haas and Marko amendment and the roll was called. There were 41 yeas and 89 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Larsen       McGuire      Stanek
Bishop       Haas         Leppik       Milbert      Swenson, D.
Bradley      Holsten      Lindner      Paulsen      Tomassoni
Broecker     Jefferson    Luther       Pawlenty     Tompkins
Carlson, S.  Jennings     Lynch        Pellow       Van Dellen 
Commers      Johnson, A.  Macklin      Perlt        
Dehler       Johnson, R.  Mares        Pugh         
Delmont      Kelso        Marko        Rhodes       
Erhardt      Krinkie      McCollum     Smith        

Anderson, B. Finseth      Koppendrayer Orfield      Swenson, H.
Anderson, R. Frerichs     Kraus        Osskopp      Sykora
Bertram      Girard       Leighton     Osthoff      Trimble
Bettermann   Goodno       Lieder       Ostrom       Tuma
Boudreau     Greenfield   Lourey       Otremba      Tunheim
Brown        Greiling     Mahon        Ozment       Van Engen
Carlson, L.  Gunther      Mariani      Pelowski     Vickerman
Carruthers   Hackbarth    McElroy      Peterson     Wagenius
Clark        Harder       Molnau       Rest         Warkentin
Cooper       Hasskamp     Mulder       Rice         Weaver
Daggett      Hausman      Munger       Rostberg     Wejcman
Dauner       Huntley      Murphy       Rukavina     Wenzel
Davids       Jaros        Ness         Sarna        Winter
Dawkins      Johnson, V.  Olson, E.    Schumacher   Wolf
Dempsey      Kalis        Olson, M.    Seagren      Worke
Dorn         Kelley       Onnen        Skoglund     Workman
Entenza      Kinkel       Opatz        Solberg      Sp.Anderson,I
Farrell      Knoblach     Orenstein    Sviggum      

Kraus moved to amend H. F. No. 2205, the first engrossment, as amended, as follows:

Page 3, line 13, after "snowmobiles," insert "or five-gallons or less capacity gasoline cans,"

Page 3, line 22, after the quotation marks insert "NON-OXYGENATED"

The motion prevailed and the amendment was adopted.

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

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

The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 7 nays as follows:

Those who voted in the affirmative were:

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

Lindner      Olson, M.    Pellow       Smith 
Macklin      Ozment       Perlt        

H. F. No. 3118 was reported to the House.

Peterson moved to amend H. F. No. 3118, the first engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 1a. [AIRPORT.] "Airport" has the meaning given it in section 360.013, subdivision 5.

Sec. 2. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 6d. [COLLECTOR VEHICLE.] "Collector vehicle" means a motor vehicle for which the commissioner of public safety has issued a pioneer license, classic car license, collector license, or street rod license under section 168.10, or a motor vehicle registered as a collector vehicle in another state.

Sec. 3. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 8f. [MARINA.] "Marina" has the meaning given it in section 86A.20, subdivision 5.

Sec. 4. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 8g. [MOORING FACILITY.] "Mooring facility" has the meaning given it in section 86A.20, subdivision 3.

Sec. 5. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 9a. [MOTORCYCLE.] "Motorcycle" has the meaning given it in section 168.011, subdivision 26.

Sec. 6. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 13b. [RESORT.] "Resort" has the meaning given it in section 157.15, subdivision 11.

Sec. 7. Minnesota Statutes 1994, section 239.05, is amended by adding a subdivision to read:

Subd. 5a. [SNOWMOBILE.] "Snowmobile" has the meaning given it in section 84.81, subdivision 3.

Sec. 8. Minnesota Statutes 1994, section 239.791, subdivision 1, is amended to read:

Subdivision 1. [MINIMUM OXYGEN CONTENT REQUIRED.] Except as provided in subdivisions 10 to 12, a person responsible for the product shall comply with the following requirements:

(a) After October 1, 1993, gasoline sold or offered for sale in a carbon monoxide control area, and during a carbon monoxide control period, must contain at least 2.7 percent oxygen by weight.

(b) After October 1, 1995, gasoline sold or offered for sale at any time in a carbon monoxide control area must contain at least 2.7 percent oxygen by weight.

(c) (b) After October 1, 1997, all gasoline sold or offered for sale in Minnesota must contain at least 2.7 percent oxygen by weight.

Sec. 9. Minnesota Statutes 1994, section 239.791, is amended by adding a subdivision to read:

Subd. 10. [EXEMPTION FOR AIRPORTS, MARINAS, MOORING FACILITIES, AND RESORTS.] Except during a carbon monoxide control period in a carbon monoxide control area, a person responsible for the product may offer for sale, sell, or dispense at an airport, marina, mooring facility, or resort, gasoline that is not oxygenated in accordance with subdivision 1 if the gasoline is unleaded premium grade as defined in section 239.751, subdivision 4.

Sec. 10. Minnesota Statutes 1994, section 239.791, is amended by adding a subdivision to read:

Subd. 11. [EXEMPTION FOR MOTOR SPORTS RACING.] A person responsible for the product may offer for sale, sell, or dispense at a public or private racecourse, gasoline that is not oxygenated in accordance with subdivision 1 if the gasoline is intended to be used exclusively as a fuel for off-highway motor sports racing events.

Sec. 11. Minnesota Statutes 1994, section 239.791, is amended by adding a subdivision to read:

Subd. 12. [EXEMPTION FOR COLLECTOR VEHICLES AND OFF-ROAD USE.] Except during a carbon monoxide control period in a carbon monoxide control area, a person responsible for the product may offer for sale, sell, or dispense at a retail gasoline station for use in a collector vehicle or a vehicle eligible to be licensed as a collector vehicle, off-road vehicles, motorcycles, boats, or snowmobiles, or five-gallons or less capacity gasoline cans, gasoline that is not oxygenated in accordance with subdivision 1 if the person meets the conditions in paragraphs (a) to (c).

(a) The non-oxygenated gasoline must be unleaded premium grade as defined in section 239.751, subdivision 4.

(b) No more than one storage tank on the premises of the retail gasoline station may be used for storage of the non-oxygenated gasoline offered for sale, sold, or dispensed by the station.

(c) The pump stands must be posted with a permanent notice stating: "NON-OXYGENATED FUEL DISPENSED FROM THIS PUMP MUST BE USED ONLY IN A COLLECTOR VEHICLE OR A VEHICLE ELIGIBLE TO BE LICENSED AS A COLLECTOR VEHICLE, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, OR SNOMOBILES."

Sec. 12. [EFFECTIVE DATE.]

Sections 1 to 11 are effective the day following final enactment."

Amend the title accordingly

Holsten raised a point of order pursuant to rule 3.10 that the Peterson amendment was not in order. The Speaker ruled the point of order not well taken and the amendment in order.

The question recurred on the Peterson amendment to H. F. No. 3118, the first engrossment. The motion prevailed and the amendment was adopted.

Peterson moved to lay H. F. No. 3118, as amended, on the table. The motion prevailed and H. F. No. 3118, as amended, was laid on the table.

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

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

Van Engen moved that the name of Pellow be added as an author on H. F. No. 2108. The motion prevailed.

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

Sviggum moved that the names of Pellow and Gunther be added as authors on H. F. No. 2197. The motion prevailed.

Knoblach moved that the name of Dorn be added as an author on H. F. No. 3108. The motion prevailed.

Hausman moved that the name of Trimble be added as an author on H. F. No. 3236. The motion prevailed.

Larsen moved that the names of Carlson, S., and Warkentin be added as authors on H. F. No. 3237. The motion prevailed.

Knight moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, February 28, 1996, when the vote was taken on the repassage of H. F. No. 2365, as amended by the Senate." 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 Wednesday, February 28, 1996, when the vote was taken on the repassage of H. F. No. 2365, as amended by the Senate." The motion prevailed.

Haas moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, February 28, 1996, when the vote was taken on the Ozment amendment to H. F. No. 2752, the first engrossment, as amended." The motion prevailed.

Sykora moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, February 28, 1996, when the vote was taken on the final passage of S. F. No. 2009, as amended." The motion prevailed.

Paulsen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, February 27, 1996, when the vote was taken on the final passage of S. F. No. 2802." The motion prevailed.

Larsen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, February 28, 1996, when the vote was taken on the Krinkie amendment to S. F. No. 2849, as amended." The motion prevailed.

Stanek moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, February 28, 1996, when the vote was taken on the Krinkie amendment to S. F. No. 2849, as amended." The motion prevailed.

Hackbarth moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, February 28, 1996, when the vote was taken on the final passage of S. F. No. 2857, as amended." The motion prevailed.

Stanek moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, February 28, 1996, when the vote was taken on the Ozment amendment to S. F. No. 2857, the unofficial engrossment." The motion prevailed.

Carruthers moved that H. F. No. 3243 be recalled from the Senate for further consideration by the House. The motion prevailed.

Pursuant to Rule 1.16, Olson, M., gave notice that he is requesting the return to the House of H. F. No. 1944 from the Committee on Rules and Legislative Administration.

Pursuant to Article IV, Section 11 of the Minnesota Constitution, we the undersigned members, register our protest and dissent regarding the statements made by Representative Arlon Lindner on the floor of the House in defense of his amendment 747 to House File No. 2818.

Representative Lindner stated that he wanted to send a message to the Commissioner of Health. Unfortunately, his message went beyond the acceptable standards of debate in this House. The Code of Conduct of the House of Representatives requires that a member "treat everyone with respect, fairness and dignity." Instead, during public floor debate, Representative Lindner referred to the private, consensual activities of a substantial proportion of Minnesota citizens as "perverted." It is the duty of members of the House to treat both members and the public with respect and that was clearly violated by statements Representative Lindner made characterizing a whole group of Minnesota citizens in degrading terms based on their sexual orientation.

The House Code of Conduct also requires that a member "exercise sound judgment by deciding issues on their merits." Instead, Representative Lindner asked members to vote based on an offensive, false stereotype. It is incontrovertible that Minnesotans who are homosexual in their sexual orientation bring dignity to our communities through service as clergy, teachers, parents and in any number of other professional or volunteer activities.

Both in tone and in content, the words of Representative Lindner were offensive. Whether deliberate or not, his comments served to exclude, rather than include, those citizens as respected members of our communities. Such comments are hostile and hurtful not only to those individuals among us who are being so characterized but they also do harm to the level of debate within the House and to the regard with which House members are held by the public.

A Minnesota legislator has an obligation to confront prejudices, not pander to them. Prejudice can be born of ignorance or of harmful intent. Regardless of its origin, prejudice resides in all of us. Recognizing that, those who serve the public and make our laws have a duty to avoid its harmful influence in our public actions. Appeals to bigotry and prejudice, no matter how sincerely held, are never appropriate in House debate and we dissent from their use in this instance.

Signed: February 29, 1996

Karen Clark Edwina Garcia Linda Wejcman Robert J. Leighton

Jim Rice Walt Perlt Becky Kelso Lee Greenfield

Tom Osthoff Steve Kelley Becky Lourey Wes Skoglund

Ann H. Rest Don Ostrom Matthew EntenzaAndy Dawkins

Jean Wagenius Mindy Greiling Thomas E. HuntleyMyron Orfield

Sharon Marko Alice Hausman Willard Munger Loren A. Solberg

Loren Jennings Phyllis Kahn Steve Trimble Dee Long

David Tomassoni Howard OrensteinJohn Dorn Alice Johnson

Mary Jo McGuire Phil CarruthersMike Jaros Richard Jefferson

Darlene Luther Tom Pugh Bob Anderson

Bernie Lieder Lyndon R. Carlson Carlos Mariani

Thomas Rukavina Mike J. DelmontBob Johnson

Carruthers moved that when the House adjourns today it adjourn until 9:00 a.m., Friday, March 1, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Friday, March 1, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

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