Girard was excused.

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

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

H. F. No. 108, A bill for an act relating to commerce; requiring inspections of, reports on, and training for tobacco retailers and employees; proposing coding for new law in Minnesota Statutes, chapter 461.

Reported the same back with the following amendments:

Page 2, line 6, delete "employees have not been" and insert "employer has not provided training"

Page 2, line 7, delete "trained"

Page 2, after line 10, insert:

"Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective January 1, 1996."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 286, A bill for an act relating to the environment; creating the angler's right-to-know act; requiring certain persons who discharge toxic pollutants to post warning signs; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 115.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [LEGISLATIVE FINDINGS.]

The legislature hereby finds that it is in the public's best interest to have full knowledge of the volume and toxicity of pollutants being discharged into the waters of the state.

Sec. 2. [115.85] [RIGHT-TO-KNOW.]

Sections 115.86 to 115.89 shall be known as the right-to-know act.

Sec. 3. [115.86] [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] For the purposes of this section and sections 115.87 to 115.89, the terms in this section have the meanings given them.

Subd. 2. [COMMISSIONER.] "Commissioner" means the commissioner of the pollution control agency.

Subd. 3. [TOXIC SUBSTANCE.] "Toxic substance" means a pollutant identified in section 307(a)(1) of the federal Water Pollution Control Act, as amended.

Sec. 4. [115.87] [NOTIFICATION.]

A person required to obtain a state water pollution discharge permit, and whose discharge contains any permitted toxic substances shall erect or post a sign that is visible and legible approximately 50 feet from the point of discharge by persons on or near the water. The sign shall be designed consistent with a model developed by the commissioner and shall bear the following statement:

The size of a sign may not exceed 14 inches by 18 inches. The sign also must list the telephone number of the responsible party at the permittee's place of business whom the members of the public may contact for further information and the general telephone number of the pollution control agency.

Sec. 5. [115.88] [ENFORCEMENT AND PENALTIES.]

The failure to post any sign required by section 115.87 shall subject the person required to post the sign to penalties of $50 per day for each day the sign is not posted. Each day the sign is not posted constitutes a separate day of violation, except for a sign that is substantially impaired or destroyed by vandalism. The permittee must replace an impaired or destroyed sign within two weeks of learning of the sign's impairment or destruction.

The enforcement of this section shall be by the attorney general or the county attorney having jurisdiction in the county where the violation occurred and shall be commenced by a civil action in a court of competent jurisdiction.

Sec. 6. [115.89] [CITIZEN ENFORCEMENT.]

In the event of a nonaction by the attorney general or county attorney under section 115.88, any citizen of the state may bring a civil action in a court of competent jurisdiction to enforce compliance with section 115.87. An action may be commenced 60 days after the plaintiff has given written notice of the alleged violation to the violator and the attorney general or the county attorney for the county in which the violation occurs. A prevailing party in a civil action may be awarded attorney's fees by the court.

Sec. 7. [EFFECTIVE DATE.]

Sections 1 to 6 are effective October 1, 1995."

Delete the title and insert:

"A bill for an act relating to the environment; creating the right-to-know act; requiring certain persons who discharge toxic pollutants to post warning signs; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 115."

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

The report was adopted.

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

H. F. No. 413, A bill for an act relating to highways; designating the Veterans Memorial Highway; amending Minnesota Statutes 1994, section 161.14, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 8, delete "Trunk highway" and insert "Legislative route"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 595, A bill for an act relating to state government; giving the commissioner of finance certain authority over debts owed to the state; amending Minnesota Statutes 1994, section 16D.03, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 17, delete "may" and insert "shall"

Page 1, lines 18 and 19, delete "in a manner prescribed by the commissioner" and insert "according to the internal guidelines"

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

The report was adopted.

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

H. F. No. 672, A bill for an act relating to the environment; implementing the transfer of solid waste management duties of the metropolitan council to the office of environmental assistance; providing for the management of waste; providing penalties; amending Minnesota Statutes 1992, section 115A.33, as reenacted; Minnesota Statutes 1994, sections 115.071, subdivision 1; 115A.055; 115A.07, subdivision 3; 115A.072, subdivisions 1, 3, and 4; 115A.12; 115A.14, subdivision 4; 115A.15, subdivision 9; 115A.191, subdivisions 1 and 2; 115A.32; 115A.411; 115A.42; 115A.45; 115A.46, subdivisions 1 and 5; 115A.47, by adding a subdivision; 115A.55, by adding a subdivision; 115A.5501, subdivisions 2, 3, and 4; 115A.5502; 115A.551, subdivisions 2a, 4, 5, 6, and 7; 115A.554; 115A.557, subdivisions 3 and 4; 115A.558; 115A.63, subdivision 3; 115A.84, subdivision 3; 115A.86, subdivision 2; 115A.919, subdivision 3; 115A.921, subdivision 1; 115A.923, subdivision 1; 115A.9302, subdivisions 1 and 2; 115A.951, subdivision 4; 115A.965, subdivision 1; 115A.97, subdivisions 5 and 6; 115A.981, subdivision 3; 116.07, subdivision 4j; 116.072; 400.16; 400.161; 473.149, subdivisions 1, 2d, 2e, 3, 4, and 6; 473.151; 473.516, subdivision 2; 473.801, subdivision 1, and by adding subdivisions; 473.8011; 473.803, subdivisions 1, 1c, 2, 2a, 3, 4, and 5; 473.804; 473.811, subdivisions 1, 4a, 5, 5c, 7, and 8; 473.813, subdivision 2; 473.823, subdivisions 3, 5, and 6; 473.843, subdivision 1; 473.844, subdivisions 1a and 4; 473.8441, subdivisions 2, 4, and 5; 473.845, subdivision 4; 473.846; and 473.848; Laws 1994, chapter 628, article 3, section 209; proposing coding for new law in Minnesota Statutes, chapter 480; repealing Minnesota Statutes 1994, sections 115A.81, subdivision 3; 115A.90, subdivision 3; 116.94; 383D.71, subdivision 2; 473.149, subdivisions 2, 2a, 2c, 2f, and 5; 473.181, subdivision 4; and 473.803, subdivisions 1b and 1e.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

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

Subdivision 1. [REMEDIES AVAILABLE.] The provisions of sections 103F.701 to 103F.761, this chapter and chapters 115A and 116, and sections 325E.10 to 325E.1251 and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance, and permits or terms or conditions thereof, including conditions established under section 473.823, subdivision 3, adopted or issued by the agency thereunder or under any other law now in force or hereafter enacted for the prevention, control, or abatement of pollution may be enforced by any one or any combination of the following: criminal prosecution; action to recover civil penalties; injunction; action to compel performance; or other appropriate action, in accordance with the provisions of said chapters and this section.

Sec. 2. Minnesota Statutes 1994, section 115A.03, is amended by adding a subdivision to read:

Subd. 10a. [FOOD WASTE.] "Food waste" means food matter that is collected separately from other waste. Food waste also includes nonrecyclable paper or cardboard product used for packaging, containing, preparing, or consuming food matter that is incidental to the collection of food waste, but does not include plastic or plastic-coated products.

Sec. 3. Minnesota Statutes 1994, section 115A.072, subdivision 3, is amended to read:

Subd. 3. [EDUCATION GRANTS.] (a) The director shall provide grants to persons for the purpose of developing and distributing waste education information.

(b) The director shall provide grants and technical assistance to formal and informal education facilities to develop and implement a model program to incorporate waste reduction, recycling, litter prevention, and proper management of problem materials into educational operations.

(c) The director shall provide grants or awards and technical assistance to formal and informal education facilities to develop or implement ongoing programs for waste reduction, recycling, litter prevention, and proper management of problem materials programs.

Sec. 4. Minnesota Statutes 1994, section 115A.072, subdivision 4, is amended to read:

Subd. 4. [EDUCATION, PROMOTION, AND PROCUREMENT.] The director shall include: (1) waste reduction and reuse, including packaging reduction and reuse; and (2) the hazards of open burning, as defined in section 88.01, of mixed municipal solid waste, especially the hazards of dioxin emissions to children, as an element elements of the director's program of public education on waste management required under this section. The waste reduction and reuse education program must include dissemination of information and may include an award program for model waste reduction and reuse efforts. Waste reduction and reuse educational efforts must also include provision of information about and promotion of the model procurement program developed by the commissioner of administration under section 115A.15, subdivision 7, or any other model procurement program that results in significant waste reduction and reuse.

Sec. 5. Minnesota Statutes 1992, section 115A.33, as reenacted by sections 46 and 47, is amended to read:

115A.33 [ELIGIBILITY; REQUEST FOR REVIEW.]

The following persons shall be eligible to request supplementary review by the board pursuant to sections 115A.32 to 115A.39: (a) a generator of sewage sludge within the state who has been issued permits by the agency for a facility to dispose of sewage sludge or solid waste resulting from sewage treatment; (b) a political subdivision which has been issued permits by the agency, or a political subdivision acting on behalf of a person who has been issued permits by the agency, for a solid waste facility which is no larger than 250 acres, not including any proposed buffer area, and located outside the metropolitan area; (c) a generator of hazardous waste within the state who has been issued permits by the agency for a hazardous waste facility to be owned and operated by the generator, on property owned by the generator, and to be used by the generator for managing the hazardous wastes produced by the generator only; (d) a person who has been issued permits by the agency for a commercial hazardous waste processing facility at a site included in the board's inventory of preferred sites for such facilities adopted pursuant to section 115A.09; (e) a person who has been issued permits by the agency for a disposal facility for the nonhazardous sludge, ash, or other solid waste generated by a permitted hazardous waste processing facility operated by the person. The metropolitan waste control commission shall not be eligible to request review under clause (a) for a sewage sludge disposal facility. The metropolitan waste control commission shall not be eligible to request review under clause (a) for a solid waste facility with a proposed permitted life of longer than four years. The board may require completion of a plan conforming to the requirements of section 115A.46, before granting review under clause (b). A request for supplementary review shall show that the required permits for the facility have been issued by the agency and that a political subdivision has refused to approve the establishment or operation of the facility.

Sec. 6. Minnesota Statutes 1994, section 115A.411, is amended to read:

115A.411 [SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED REPORT.]

Subdivision 1. [AUTHORITY; PURPOSE.] The director with assistance from the commissioner shall prepare and adopt a report on solid waste management policy excluding the metropolitan area. The report must be submitted by the director to the legislative commission on waste management by July 1 of each even-numbered odd-numbered year and may shall include reports required under sections 115A.465, subdivision 4; 115A.55, subdivision 4, paragraph (b); 115A.551, subdivision 4, and; 115A.557, subdivision 4; 473.149, subdivision 6; and 473.846.

Subd. 2. [CONTENTS.] (a) The report must also include:

(1) a summary of the current status of solid waste management, including the amount of solid waste generated, the manner in which it is collected, processed, and disposed, the extent of separation, recycling, reuse, and recovery of solid waste, and the facilities available or under development to manage the waste;

(2) a summary of current state solid waste management policies, goals, and objectives, including their statutory, administrative, and regulatory basis and the state agencies and political subdivisions responsible for implementation;

(3) (2) an evaluation of the extent and effectiveness of implementation and an assessment of progress in accomplishing state policies, goals, and objectives, including those listed in paragraph (b);

(4) estimates of the generation of solid waste anticipated for the future, the manner in which the waste is likely to be managed, and the programs and facilities that will be available and needed for proper waste management;

(5) (3) identification of issues requiring further research, study, and action, the appropriate scope of the research, study, or action, the state agency or political subdivision that should implement the research, study, or action, and a schedule for completion of the activity; and

(6) (4) recommendations for establishing or modifying state solid waste management policies, authorities, and programs.

(b) Beginning in 1997, and every sixth year thereafter, the report shall be expanded to include the metropolitan area solid waste policy plan required in section 473.149, subdivision 1, and strategies for the office to advance the goals of this chapter, to manage waste as a resource, to further reduce the need for expenditures on resource recovery and disposal facilities, and to further reduce long-term environmental and financial liabilities. The expanded report must include strategies for:

(1) achieving the maximum feasible reduction in waste generation;

(2) encouraging manufacturers to design products that eliminate or reduce the adverse environmental impacts of resource extraction, manufacturing, use, and waste processing and disposal;

(3) educating businesses, public entities, and other consumers about the need to consider the potential environmental and financial impacts of purchasing products that may create a liability or that may be expensive to recycle or manage as waste, due to the presence of toxic or hazardous components;

(4) eliminating or reducing toxic or hazardous components in compost from municipal solid waste composting facilities, in ash from municipal solid waste incinerators, and in leachate and air emissions from municipal solid waste landfills, in order to reduce the potential liability of waste generators, facility owners and operators, and taxpayers;

(5) encouraging the source separation of materials to the extent practicable, so that the materials are most appropriately managed and to ensure that resources that can be reused or recycled are not disposed of or destroyed; and

(6) maximizing the efficiency of the waste management system by managing waste and recyclables close to the point of generation, taking into account the characteristics of the resources to be recovered from the waste and the type and capacity of local facilities.

Sec. 7. Minnesota Statutes 1994, section 115A.46, subdivision 5, is amended to read:

Subd. 5. [JURISDICTION OF PLAN.] (a) After a county plan has been submitted for approval under subdivision 1, a political subdivision public entity, as defined in section 16B.122, subdivision 1, within the county may not enter into a binding agreement governing a solid waste management activity that is inconsistent with the county plan without the consent of the county.

(b) After a county plan has been approved under subdivision 1, the plan governs all solid waste management in the county and a political subdivision public entity, as defined in section 16B.122, subdivision 1, within the county may not develop or implement a solid waste management activity, other than an activity to reduce waste generation or reuse waste materials, that is inconsistent with the county plan that the county is actively implementing without the consent of the county.

Sec. 8. Minnesota Statutes 1994, section 473.848, is amended to read:

473.848 115A.465 [RESTRICTION ON DISPOSAL.]

Subdivision 1. [RESTRICTION.] (a) For the purposes of implementing the waste management policies in section 115A.02 and metropolitan area goals related to landfill abatement established under this chapter sections 473.149 and 473.803, a person may not dispose of, or transport for disposal, unprocessed mixed municipal solid waste at a disposal facility if the waste is:

(1) generated in the metropolitan area at a waste disposal facility unless the waste disposal facility meets the standards in section 473.849 and:

(1) the waste has been certified as unprocessible by a county under subdivision 2; or

(2)(i) the waste has been transferred to the disposal facility from a resource recovery facility;

(ii) no other resource recovery facility serving the metropolitan area is capable of processing the waste; and

(iii) the waste has been certified as unprocessible by the operator of the resource recovery facility under subdivision 3. county of origin has received a temporary suspension of the restriction on disposal under subdivision 2; or

(2) generated outside the metropolitan area and the county of origin has received approval for a restriction on disposal under subdivision 3, unless the county has also received a temporary suspension of the restriction under subdivision 2.

(b) For purposes of this section, mixed municipal solid waste does not include street sweepings, construction debris, mining waste, foundry sand, and other materials, if they that are not capable of being processed by resource recovery as determined by the council county of origin.

Subd. 2. [COUNTY CERTIFICATION; COUNCIL APPROVAL TEMPORARY SUSPENSION.] (a) By April 1 of each year To receive a temporary suspension of the restriction on disposal imposed on metropolitan counties under subdivision 1, paragraph (a), clause (1), or on nonmetropolitan counties under subdivision 3, each a county shall submit an annual certification report a request to the council director detailing:

(1) the quantity and type of waste generated in the county that was will not be processed prior to transfer to a disposal facility during the year preceding the report;

(2) the reasons the waste was will not be processed;

(3) a strategy for development of techniques to ensure processing of waste including a specific timeline for implementation of those techniques; and

(4) any progress made by the county in reducing the amount of unprocessed waste; and

(5) the duration of time for which the requested suspension would apply.

The report shall be included in the county report required by section 473.803, subdivision 3.

(b) A temporary suspension is effective from the time that the director receives a county's request until the director disapproves the request or until the time specified in the director's approval. The director shall approve or disapprove a request within 15 days of receipt of the request. The council director shall approve a county's certification report request if it the director determines that the county is reducing and will continue to reduce the amount of unprocessed waste, based on the report request and the county's progress in development and implementation of techniques to reduce the amount of unprocessed waste transferred to disposal facilities, and if the director finds that sufficient processing capacity is not reasonably available to process the county's waste. The director shall grant a suspension for the minimum amount of time that a county can reasonably be expected to take to develop the techniques described in paragraph (a), clause (3). If the council director does not approve a county's report, it shall negotiate with the county to develop and implement specific techniques to reduce unprocessed waste. If the council does not approve two or more consecutive reports from any one county, the council shall develop specific reduction techniques that are designed for the particular needs of the county. The county shall implement those techniques by specific dates to be determined by the council request, subdivision 1 applies to waste generated in the county.

(c) A county may amend its temporary suspension request at any time under paragraph (b).

Subd. 3. [FACILITY CERTIFICATION APPROVAL OF REQUEST FOR RESTRICTION; NONMETROPOLITAN COUNTIES.] The operator of each resource recovery facility that receives waste from counties in the metropolitan area shall certify as unprocessible each load of mixed municipal solid waste it does not process. Certification must be made to each county that sends its waste to the facility at intervals specified by the county. Certification must include at least the number and size of loads certified as unprocessible and the reasons the waste is unprocessible. Loads certified as unprocessible must include the loads that would otherwise have been processed but were not processed because the facility was not in operation, but nothing in this section relieves the operator of its contractual obligations to process mixed municipal solid waste. (a) A county outside the metropolitan area may request by resolution of the county board that a restriction on disposal be imposed on waste generated within the county. The county's written request shall be submitted to the director for approval. Prior to approval or disapproval, the director shall ensure that the following information is included in existing documents such as the county's solid waste management plan, or is provided by the county upon the request of the director:

(1) the quantity and type of waste generated in the county that will be processed, on an annual basis, prior to transfer to a disposal facility;

(2) the processing facilities and capacity that would potentially be available to process the county's waste; and

(3) evidence that the request is consistent with information in the county's approved solid waste management plan, including:

(i) a description of the technical and financial impacts of the proposed restriction upon county and regional solid waste management systems; and

(ii) a description of the landfill abatement benefits to be achieved by the proposed restriction.

(b) The director shall approve the request if the following criteria are met:

(1) sufficient processing capacity is available to process the county's waste;

(2) the request is consistent with the county's approved solid waste management plan; and

(3) an assessment that the financial and technical impacts and the landfill abatement benefits of the proposed restriction demonstrate that the request results in the most feasible and prudent reduction of the need for and practice of land disposal of mixed municipal solid waste, as required in section 115A.46, subdivision 2, paragraph (c).

Subd. 4. [COUNCIL REPORT NOTICES AND REPORTS.] (a) By November 1 of each year the director shall compile a list that identifies resource recovery facilities available to process waste generated in the state and the waste processing capacity of each facility. The list shall be prepared in consultation with the agency, counties, resource recovery and processing facility operators, and the waste hauling industry. The director shall publish a notice in the State Register containing the information in the list.

(b) The council director shall include, as part of its the report to the legislative commission on waste management required under section 473.149 115A.411, an accounting of the quantity of unprocessed waste that is transferred to disposal facilities under temporary suspensions of the restriction on disposal granted under subdivision 2, the reasons the waste was not processed, a strategy for reducing the amount of unprocessed waste, and progress made by counties to reduce the amount of unprocessed waste. The council may adopt standards for determining when waste is unprocessible and procedures for expediting certification and reporting of unprocessed waste.

Subd. 5. [DEFINITION.] For the purpose of this section, "process" means that waste is "unprocessed" if it has not, after collection and before disposal, undergone undergoes separation of materials for resource recovery through recycling, incineration for energy production, production and use of refuse-derived fuel, composting, or any combination of these processes so that the weight of the waste remaining that must be disposed of in a mixed municipal solid waste disposal facility is not more than 35 percent of the weight before processing, on an annual average. Waste is "unprocessed" if it is not processed.

Sec. 9. Minnesota Statutes 1994, section 115A.47, is amended by adding a subdivision to read:

Subd. 3a. [PUBLIC ENTITIES.] (a) In order to minimize long-term liabilities and costs to Minnesota taxpayers, a public entity may not arrange for management of solid waste, or enter into a contract under which another person arranges for management of solid waste for the public entity, at a facility that uses a primary waste management method that is environmentally inferior to the primary waste management method chosen by the county in which the waste is generated.

(b) For the purpose of this subdivision, "public entity" means the state; an office, agency, or institution of the state; the metropolitan council; a metropolitan agency; the metropolitan mosquito control district; the legislature; the courts; a county; a statutory or home rule charter city; a town; a school district; another special taxing district; or any other general or special purpose unit of government in the state.

Sec. 10. Minnesota Statutes 1994, section 115A.55, is amended by adding a subdivision to read:

Subd. 4. [STATEWIDE SOURCE REDUCTION GOAL.] (a) It is a goal of the state that there be a minimum ten percent per capita reduction in the amount of mixed municipal solid waste generated in the state by December 31, 2000, based on a reasonable estimate of the amount of mixed municipal solid waste that was generated in calendar year 1993.

(b) As part of the 1997 report required under section 115A.411, the director shall submit to the legislative commission on waste management a proposed strategy for meeting the goal in paragraph (a). The strategy must include a discussion of the different reduction potentials to be found in various sectors and may include recommended interim goals. The director shall report progress on meeting the goal in paragraph (a), as well as recommendations and revisions to the proposed strategy, as part of the 1999 report required under section 115A.411.

Sec. 11. Minnesota Statutes 1994, section 115A.5501, subdivision 4, is amended to read:

Subd. 4. [REPORT.] The director shall apply the statewide percentage determined under subdivision 2 to the aggregate amount of solid waste determined under subdivision 3 to determine the amount of packaging in the waste stream. By July 1, 1996, the director shall submit to the legislative commission on waste management an analysis of the extent to which the waste packaging reduction goal in subdivision 1 has been met. In determining whether the goal has been met, the margin of error must be applied in favor of meeting the goal. The director shall use the statistical mean for the data collected in determining whether the goal has been met and shall include in the analysis a discussion of the margin of error and statistical reliability for the data collected.

Sec. 12. Minnesota Statutes 1994, section 115A.5502, is amended to read:

115A.5502 [PACKAGING PRACTICES; PREFERENCES; GOALS.]

Packaging forms a substantial portion of solid waste and contributes to environmental degradation and the costs of managing solid waste. It is imperative to reduce the amount and toxicity of packaging that must be managed as solid waste. In order to achieve significant reduction of packaging in solid waste and to assist packagers and others to meet the packaging reduction goal in section 115A.5501, the goal of the state is that items be distributed without any packaging where feasible and, only when necessary to protect health and safety or product integrity, with the minimal amount of packaging possible. The following categories of packaging are listed in order of preference for use by all persons who find it necessary to package items for distribution or use in the state:

(1) minimal packaging that contains no intentionally introduced toxic materials and that is designed to be and actually is reused for its original purpose at least five times;

(2) minimal packaging that contains no intentionally introduced toxic materials and consists of a significant percentage of postconsumer material;

(3) minimal packaging that contains no intentionally introduced toxic materials, that is recyclable, and is regularly collected through recycling collection programs available to at least 75 percent of the residents of the state;

(3) (4) minimal packaging that does not comply with clauses clause (1) and, (2), or (3) because it is required under federal or state law and for which there does not exist a commercially feasible alternative that does comply with clauses clause (1) and, (2), or (3);

(4) (5) packaging that contains no intentionally introduced toxic materials but does not comply with clauses (1) to (3) (4); and

(5) (6) all other packaging.

Sec. 13. Minnesota Statutes 1994, section 115A.551, subdivision 2a, is amended to read:

Subd. 2a. [SUPPLEMENTARY RECYCLING GOALS.] (a) By December 31, 1996, each county will have as a goal to recycle the following amounts:

(1) for a county outside of the metropolitan area, 30 35 percent by weight of total solid waste generation;

(2) for a metropolitan county, 45 50 percent by weight of total solid waste generation.

Each county will develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal. Nothing in this section or in any other law may be construed to prohibit a county from establishing a higher recycling goal. For the purposes of this subdivision "recycle" and "total solid waste generation" have the meanings given them in subdivision 1, except that neither includes yard waste.

(b) For a county that, by January 1, 1995, is implementing a solid waste reduction program that is approved by the director, the director shall apply three percentage points toward achievement of the recycling goals in this subdivision. In addition, the director shall apply demonstrated waste reduction that exceeds three percent reduction toward achievement of the goals in this subdivision.

(c) No more than five percentage points may be applied toward achievement of the recycling goals in this subdivision for management of yard waste. The five percentage points must be applied as provided in this paragraph. The director shall apply three percentage points for a county in which residents are provided, by January 1, 1996, with:

(1) an ongoing comprehensive education program under which residents are informed about how to manage yard waste and are notified of the prohibition in section 115A.931; and

(2) the opportunity to drop off yard waste at specified sites or participate in curbside yard waste collection. The director shall apply up to an additional two percentage points toward achievement of the recycling goals in this subdivision for additional activities approved by the director that are likely to reduce the amount of yard waste generated and to increase the on-site composting of yard waste.

Sec. 14. Minnesota Statutes 1994, section 115A.551, subdivision 4, is amended to read:

Subd. 4. [INTERIM MONITORING.] The director, for counties outside of the metropolitan area, and the metropolitan council, for counties within the metropolitan area, shall monitor the progress of each county toward meeting the recycling goals in subdivisions 2 and 2a. The director shall report to the legislative commission on waste management on the progress of the counties by July 1 of each odd-numbered year. The metropolitan council shall report to the legislative commission on waste management on the progress of the counties by July 1 of each year. If the director or the council finds that a county is not progressing toward the goals in subdivisions 2 and 2a, it shall negotiate with the county to develop and implement solid waste management techniques designed to assist the county in meeting the goals, such as organized collection, curbside collection of source-separated materials, and volume-based pricing.

In even-numbered years The progress report may shall be included in the solid waste management policy report required under section 115A.411. The metropolitan council's progress report shall be included in the report required by section 473.149.

Sec. 15. Minnesota Statutes 1994, section 115A.551, subdivision 6, is amended to read:

Subd. 6. [COUNTY SOLID WASTE PLANS.] (a) Each county shall include in its solid waste management plan described in section 115A.46, or its solid waste master plan described in section 473.803, a plan recycling implementation strategy for implementing meeting the recycling goal established in subdivision 2 2a along with mechanisms for providing financial incentives to solid waste generators to reduce the amount of waste generated and to separate recyclable materials from the waste stream. The recycling plan must include detailed recycling implementation information to form the basis for the strategy required in subdivision 7.

(b) Each county required to submit its plan to the director under section 115A.46 shall amend its plan to comply with this subdivision within one year after October 4, 1989.

Sec. 16. Minnesota Statutes 1994, section 115A.551, subdivision 7, is amended to read:

Subd. 7. [RECYCLING IMPLEMENTATION STRATEGY.] Within one year of approval of the portion of the plan required in subdivision 6, Each nonmetropolitan county shall submit to the director for approval a local the recycling implementation strategy required in subdivision 6. The local recycling implementation strategy must be submitted by October 31, 1995, and must:

(1) be consistent with the approved county solid waste management plan;

(2) identify the materials that are being and will be recycled in the county to meet the goals under this section and the parties responsible and methods for recycling the material; and

(3) define the need for funds to ensure continuation of local recycling, methods of raising and allocating such funds, and permanent sources and levels of local funding for recycling provide a budget to ensure adequate funding for needed county and local programs and demonstrate an ongoing commitment to spending the money on recycling programs; and

(4) include a schedule for implementing recycling activities needed to meet the goals in subdivision 2a.

Sec. 17. Minnesota Statutes 1994, section 115A.554, is amended to read:

115A.554 [AUTHORITY OF SANITARY DISTRICTS.]

A sanitary district has the authorities and duties of counties within the district's boundary for purposes of sections 115A.46, subdivision 4; 115A.465; 115A.48; 115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961; 115A.991; 116.072; 375.18, subdivision 14; 400.08, except subdivision 4, paragraph (b); 400.16; and 400.161.

Sec. 18. Minnesota Statutes 1994, section 115A.557, subdivision 3, is amended to read:

Subd. 3. [ELIGIBILITY TO RECEIVE MONEY.] (a) To be eligible to receive money distributed by the director under this section, a county shall within one year of October 4, 1989:

(1) create a separate account in its general fund to credit the money; and

(2) set up accounting procedures to ensure that money in the separate account is spent only for the purposes in subdivision 2.

(b) In each following year, each county shall also:

(1) have in place an approved solid waste management plan or master plan including a recycling implementation strategy under section 115A.551, subdivision 7, or 473.803, subdivision 1e, and a household hazardous waste management plan under section 115A.96, subdivision 6, by the dates specified in those provisions;

(2) submit a report by April 1 of each year to the director detailing how the money was spent and the resulting gains achieved in solid waste management practices during the previous calendar year; and

(3) provide evidence to the director that local revenue equal to 25 percent of the money sought for distribution under this section will be spent for the purposes in subdivision 2.

(c) The director shall withhold all or part of the funds to be distributed to a county under this section if the county fails to comply with this subdivision and subdivision 2.

Sec. 19. Minnesota Statutes 1994, section 115A.557, subdivision 4, is amended to read:

Subd. 4. [REPORT.] By July 1 of each odd-numbered year, the director shall report on how the money was spent and the resulting statewide improvements in solid waste management to the house of representatives and senate appropriations and finance committees and the legislative commission on waste management. In even-numbered years The report may shall be included in the solid waste management policy report required under section 115A.411.

Sec. 20. Minnesota Statutes 1994, section 115A.919, subdivision 3, is amended to read:

Subd. 3. [EXEMPTIONS.] (a) Waste residue from recycling facilities at which recyclable materials are separated or processed for the purpose of recycling, or from energy and resource recovery facilities at which solid waste is processed for the purpose of extracting, reducing, converting to energy, or otherwise separating and preparing solid waste for reuse shall be exempt from any fee imposed by a county under this section if there is at least an 85 percent volume weight reduction in the solid waste processed. Before any fee is reduced, the verification procedures of section 473.843, subdivision 1, paragraph (c), must be followed and submitted to the appropriate county, except that for facilities operating outside of the metropolitan area the commissioner shall prescribe procedures for verifying the required 85 percent volume weight reduction.

(b) A facility permitted for the disposal of construction debris is exempt from 25 percent of a fee imposed under subdivision 1 if the facility has implemented a recycling program approved by the county and 25 percent if the facility contains a liner and leachate collection system approved by the agency.

Sec. 21. Minnesota Statutes 1994, section 115A.921, subdivision 1, is amended to read:

Subdivision 1. [MIXED MUNICIPAL SOLID WASTE.] A city or town may impose a fee, not to exceed $1 per cubic yard of waste, or its equivalent, on operators of facilities for the disposal of mixed municipal solid waste located within the city or town. The revenue from the fees must be credited to the city or town general fund. Revenue produced by 25 cents of the fee must be used only for purposes of landfill abatement or for purposes of mitigating and compensating for the local risks, costs, and other adverse effects of facilities. Revenue produced by the balance of the fee may be used for any general fund purpose.

Waste residue from recycling facilities at which recyclable materials are separated or processed for the purpose of recycling, or from energy and resource recovery facilities at which solid waste is processed for the purpose of extracting, reducing, converting to energy, or otherwise separating and preparing solid waste for reuse shall be exempt from the fee imposed by a city or town under this section if there is at least an 85 percent volume weight reduction in the solid waste processed. Before any fee is reduced, the verification procedures of section 473.843, subdivision 1, paragraph (c), must be followed and submitted to the appropriate city or town, except that for facilities operating outside of the metropolitan area the commissioner shall prescribe procedures for verifying the required 85 percent volume weight reduction.

Sec. 22. Minnesota Statutes 1994, section 115A.923, subdivision 1, is amended to read:

Subdivision 1. [AMOUNT OF FEE.] (a) The operator of a mixed municipal solid waste disposal facility outside of the metropolitan area shall charge a fee on solid waste accepted and disposed of at the facility as follows:

(1) a facility that weighs the waste that it accepts must charge a fee of $2 per cubic yard based on equivalent cubic yards of waste accepted at the entrance of the facility;

(2) a facility that does not weigh the waste but that measures the volume of the waste that it accepts must charge a fee of $2 per cubic yard of waste accepted at the entrance of the facility; and

(3) waste residue from recycling facilities at which recyclable materials are separated or processed for the purpose of recycling, or from energy and resource recovery facilities at which solid waste is processed for the purpose of extracting, reducing, converting to energy, or otherwise separating and preparing solid waste for reuse is exempt from the fee imposed by this subdivision if there is at least an 85 percent volume weight reduction in the solid waste processed.

(b) To qualify for exemption under paragraph (a), clause (3), waste residue must be brought to a disposal facility separately. The commissioner shall prescribe procedures for determining the amount of waste residue qualifying for exemption.

Sec. 23. Minnesota Statutes 1994, section 115A.9302, subdivision 1, is amended to read:

Subdivision 1. [DISCLOSURE REQUIRED.] By January 1, 1994, and at least annually thereafter between January 1 and March 31, a person that collects construction debris, industrial waste, or mixed municipal solid waste for transportation to a waste facility shall disclose to each waste generator from whom waste is collected the name, location, and type of, and the number of the permit issued by the agency, or its counterpart in another state, if

applicable, for the processing or disposal facility or facilities, excluding a transfer station, at which the waste will be deposited. The collector shall note both the approximate percentage of waste deposited at each of the two primary facility at which the collector most often deposits waste facilities used for the type of waste collected from the generator in the county in which the generator generates the waste and any alternative facilities regularly used by the collector. for the type of waste collected from the generator in the county in which the generator generates the waste. The disclosure must state:

(1) that the waste generator may be responsible for any financial liability that results from contamination at a facility where the generator's waste has been deposited;

(2) that Minnesota considers its state rules for waste disposal facilities located in Minnesota to be more protective than those of other states or those currently required by the federal government;

(3) whether each of the primary or alternative disposal facilities identified by the collector currently meets (i) the standards for new disposal facilities issued by the federal government in Code of Federal Regulations, title 40, sections 257 and 258, regardless of effective date; and (ii) all state environmental and financial requirements that apply to the facility; and

(4) whether any of the facilities identified by the collector is currently on a state or federal list of facilities that require cleanup due to hazardous substance contamination, and must refer to such lists, where applicable, as state or federal "superfund" lists.

Sec. 24. Minnesota Statutes 1994, section 115A.9302, subdivision 2, is amended to read:

Subd. 2. [FORM OF DISCLOSURE.] (a) A collector shall make the disclosure to the waste generator in writing at least once per year or between January 1 and March 31 and on any written contract for collection services for that year. If the license issued by the county to the collector for collection within the county does not require the collector to submit a copy of the disclosure to the county, the collector shall submit a copy to the commissioner by March 31 of each year.

(b) A collector must provide the required disclosure orally to a waste generator at the time the generator inquires about beginning regular collection service and must provide written disclosure to the generator within 30 days from the date of request. This oral disclosure is not required if the city or county within which the waste is generated selects the collector that may provide collection services to the generator.

(c) If a collector provides one-time or occasional service to a waste generator, the collector must orally provide the generator with the required disclosure at the time the service is requested. The collector shall then provide written disclosure to the generator within 30 days from the date of request.

(d) If an additional facility becomes either a primary facility or an alternative facility during the year, the collector shall make the disclosure set forth in subdivision 1 within 30 days. A local government unit that collects solid waste without direct charges to waste generators shall make the disclosure on any statement that includes an amount for waste management, provided that, at a minimum, disclosure to waste generators must be made at least twice annually in a form likely to be available to all generators.

(e) The agency must develop a standard disclosure form containing the information that is required in this section. Collectors must use the form developed by the agency or a form that is substantially equivalent. In addition, the agency must develop instructions to collectors for the oral notification required in paragraphs (b) and (c).

Sec. 25. Minnesota Statutes 1994, section 115A.965, subdivision 1, is amended to read:

Subdivision 1. [PACKAGING.] (a) As soon as feasible but not later than August 1, 1993, no manufacturer or distributor may sell or offer for sale or for promotional purposes in this state packaging or a product that is contained in packaging if the packaging itself, or any inks, dyes, pigments, adhesives, stabilizers, or any other additives to the packaging contain any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacture or distribution of the packaging. Intentional introduction does not include the incidental presence of any of the prohibited elements.

(b) For the purposes of this section:

(1) "distributor" means a person who imports packaging or causes packaging to be imported into the state; and

(2) until August 15, 1995 1996, "packaging" does not include steel strapping containing a total concentration level of lead, cadmium, mercury, and hexavalent chromium, added together, of less than 100 parts per million by weight.

Sec. 26. Minnesota Statutes 1994, section 116.07, subdivision 4j, is amended to read:

Subd. 4j. [PERMITS; SOLID WASTE FACILITIES.] (a) The agency may not issue a permit for new or additional capacity for a mixed municipal solid waste resource recovery or disposal facility as defined in section 115A.03 unless each county using or projected in the permit in which waste is generated that will be delivered to use the facility has in place a solid waste management plan approved under section 115A.46 or 473.803 and amended as required by section 115A.96, subdivision 6. For a facility that will receive waste from a county in which a restriction on disposal applies under section 115A.465, the agency shall issue the permit only if the capacity of the facility is consistent with the needs for resource recovery or disposal capacity identified in the approved plan or plans the waste will be managed in compliance with that section. Consistency Compliance must be determined by the metropolitan council for counties in the metropolitan area and by the agency for counties outside the metropolitan area. Plans approved before January 1, 1990, need not be revised if the capacity sought in the permit is consistent with the approved plan or plans director of the office of environmental assistance.

(b) The agency shall require as part of the permit application for a waste incineration facility identification of preliminary plans for ash management and ash leachate treatment or ash utilization. The permit issued by the agency must include requirements for ash management and ash leachate treatment.

(c) Within 30 days of receipt by the agency of a permit application for a solid waste facility, the commissioner shall notify the applicant in writing whether the application is complete and if not, what items are needed to make it complete, and shall give an estimate of the time it will take to process the application.

(d) Within 60 days of receipt of a completed application, unless a time extension is granted by the agency, the director shall issue to the agency in writing the compliance determination required under paragraph (a). If the director does not issue the determination to the agency within the 60-day period or extension granted by the agency, the director shall be deemed to have found that the waste to be managed by the facility subject to the permit will be managed in compliance with section 115A.465. The director's determination may include conditions necessary to satisfy the requirements of section 115A.465.

(e) For facilities located in the metropolitan area, the director shall issue the compliance determination to the agency together with the determination of policy plan consistency issued under section 473.823, subdivision 3, paragraph (d).

(f) Within 180 days of receipt of a completed application and a written determination by the director under this section, the agency shall approve, disapprove, or delay decision on the application, with reasons for the delay, in writing. The 180 days does not include time required for completion of environmental review under chapter 116D.

Sec. 27. Minnesota Statutes 1994, section 116.07, subdivision 10, is amended to read:

Subd. 10. [SOLID WASTE ASSESSMENTS.] (a) For the purposes of this subdivision, "assessed waste" means mixed municipal solid waste as defined in section 115A.03, subdivision 21, infectious waste as defined in section 116.76, subdivision 12, pathological waste as defined in section 116.76, subdivision 14, industrial waste as defined in section 115A.03, subdivision 13a, and construction debris as defined in section 115A.03, subdivision 7.

(b) A person that collects assessed waste shall collect and remit to the commissioner of revenue a solid waste assessment from each of the person's customers as provided in paragraphs (c) and (d).

(c) The amount of the assessment for each residential customer is $2 per year. Each waste collector shall collect the assessment annually from each residential customer that is receiving waste collection service on July 1 of each year and shall remit the amount collected along with the collector's first remittance of the sales tax on solid waste collection services, described in section 297A.45, made after October 1 of each year. Any amount of the assessment that is received by the waste collector after October 1 of each year must be remitted along with the collector's next remittance of sales tax after receipt of the assessment.

(d) The amount of the assessment for each nonresidential customer is 60 cents per noncompacted cubic yard of periodic waste collection capacity purchased by the customer. Each waste collector shall collect the assessment from each nonresidential customer as part of each statement for payment of waste collection charges and shall remit the amount collected along with the next remittance of sales tax after receipt of the assessment.

(e) A person who transports assessed waste generated by that person or by another person without compensation shall pay an assessment of 60 cents per noncompacted cubic yard or the equivalent to the operator of the facility to which the waste is delivered. The operator shall remit the assessments collected under this paragraph to the commissioner of revenue as though they were sales taxes under chapter 297A. This paragraph does not apply to a person who transports industrial waste generated by that person to a facility owned and operated by that person.

(f) The commissioner of revenue shall redesign sales tax forms for solid waste collectors to accommodate payment of the assessment. The amounts remitted under this subdivision must be deposited in the state treasury and credited to the landfill cleanup account established in section 115B.42.

(g) For the purposes of this subdivision, a "person that collects mixed municipal solid waste" means each person that is required to pay sales tax on solid waste collection services under section 297A.45, or would pay sales tax under that section if the assessed waste was mixed municipal solid waste.

(h) The audit, penalty, enforcement, and administrative provisions applicable to taxes imposed under chapter 297A apply to the assessments imposed under this subdivision.

(i) If less than $25,000,000 is projected to be available in any fiscal year after fiscal year 1996 for expenditure from all sources for landfill cleanup and reimbursement costs under sections 115B.39 to 115B.46, by April 1 before the next fiscal year in which the shortfall is projected the agency shall certify to the commissioner of revenue the amount of the shortfall. To provide for the shortfall, the commissioner of revenue shall increase the assessment under paragraphs (d) and (e) effective the following July 1 and provide notice of the increased assessment to affected waste generators by May 1 following certification.

(j) Waste residue from recycling facilities at which recyclable materials are manufactured into or converted for reuse as products shall be exempt from any assessment imposed by this subdivision if there is at least an 85 percent reduction by weight in the waste separated or processed. The commissioner of revenue shall establish procedures for verification of the weight reduction.

Sec. 28. Minnesota Statutes 1994, section 116.072, is amended to read:

116.072 [ADMINISTRATIVE PENALTIES.]

Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) The commissioner may issue an order requiring violations to be corrected and administratively assessing monetary penalties for violations of this chapter and chapters 115, 115A, 115D, and 115E, any rules adopted under those chapters, and any standards, limitations, or conditions established in an agency permit, including conditions established under section 473.823, subdivision 3; and for failure to respond to a request for information under section 115B.17, subdivision 3. The order must be issued as provided in this section.

(b) A county board may adopt an ordinance containing procedures for the issuance of administrative penalty orders beginning August 1, 1996. After adopting the ordinance, the county board may issue orders requiring violations to be corrected and administratively assessing monetary penalties for violations of county ordinances adopted under section 400.16, 400.161, or 473.811 or chapter 115A that regulate solid and hazardous waste and any standards, limitations, or conditions established in a county license issued pursuant to these ordinances. For violations of ordinances relating to hazardous waste, a county's penalty authority is described in subdivisions 2 to 5. For violations of ordinances relating to solid waste, a county's penalty authority is described in subdivision 5a.

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

Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The commissioner or county board may issue an order assessing a penalty up to $10,000 for all violations identified during an inspection or other compliance review.

(b) In determining the amount of a penalty the commissioner or county board may consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water, land, or other natural resources of the state;

(3) the history of past violations;

(4) the number of violations;

(5) the economic benefit gained by the person by allowing or committing the violation; and

(6) other factors as justice may require, if the commissioner or county board specifically identifies the additional factors in the commissioner's or county board's order.

(c) For a violation after an initial violation, the commissioner or county board shall, in determining the amount of a penalty, consider the factors in paragraph (b) and the:

(1) similarity of the most recent previous violation and the violation to be penalized;

(2) time elapsed since the last violation;

(3) number of previous violations; and

(4) response of the person to the most recent previous violation identified.

Subd. 3. [CONTENTS OF ORDER.] An order assessing an administrative penalty under this section shall include:

(1) a concise statement of the facts alleged to constitute a violation;

(2) a reference to the section of the statute, rule, ordinance, variance, order, stipulation agreement, or term or condition of a permit or license that has been violated;

(3) a statement of the amount of the administrative penalty to be imposed and the factors upon which the penalty is based; and

(4) a statement of the person's right to review of the order.

Subd. 4. [CORRECTIVE ORDER.] (a) The commissioner or county board may issue an order assessing a penalty and requiring the violations cited in the order to be corrected within 30 calendar days from the date the order is received.

(b) The person to whom the order was issued shall provide information to the commissioner or county board before the 31st day after the order was received demonstrating that the violation has been corrected or that appropriate steps toward correcting the violation have been taken. The commissioner or county board shall determine whether the violation has been corrected and notify the person subject to the order of the commissioner's or county board's determination.

Subd. 5. [PENALTY.] (a) Except as provided in paragraph (b), if the commissioner or county board determines that the violation has been corrected or appropriate steps have been taken to correct the action, the penalty must be forgiven. Unless the person requests review of the order under subdivision 6 or 7 before the penalty is due, the penalty in the order is due and payable:

(1) on the 31st day after the order was received, if the person subject to the order fails to provide information to the commissioner or county board showing that the violation has been corrected or that appropriate steps have been taken toward correcting the violation; or

(2) on the 20th day after the person receives the commissioner's or county board's determination under subdivision 4, paragraph (b), if the person subject to the order has provided information to the commissioner or county board that the commissioner or county board determines is not sufficient to show the violation has been corrected or that appropriate steps have been taken toward correcting the violation.

(b) For a repeated or serious violation, the commissioner or county board may issue an order with a penalty that will not be forgiven after the corrective action is taken. The penalty is due by 31 days after the order was received unless review of the order under subdivision 6, 7, or 8 has been sought.

(c) Interest at the rate established in section 549.09 begins to accrue on penalties under this subdivision on the 31st day after the order with the penalty was received.

Subd. 5a. [COUNTY PENALTY AUTHORITY FOR SOLID WASTE VIOLATIONS.] (a) A county's authority to issue an order assessing a penalty or requiring corrective action for all violations relating to solid waste that are identified during an inspection or other compliance review is as described in this subdivision.

(b) For the first violation, a county may issue only a warning unless, in the opinion of the county board, the gravity of the violation and its potential for damage to, or actual damage to, humans, animals, air, water, land, or other natural resources of the state is such that a penalty under paragraph (c) is warranted. In that case, a county may proceed under paragraph (c).

(c) For a second and third violation, a county may issue an order assessing a penalty up to $2,000 or $5,000, respectively, for all violations identified and requiring the violations cited in the order to be corrected. In determining the amount of the penalty, the county board may consider the factors in subdivision 2, paragraphs (b) and (c). The order shall be issued as described in subdivision 4 and the penalty assessed or forgiven as described in subdivision 5.

(d) For a fourth or subsequent violation, the county board may refer the matter to the agency. The agency must then consider the matter in light of the record of violations by the person subject to the order. This paragraph does not affect a county board's right to refer a violation to the agency at any time if it finds that the seriousness of the violation warrants action beyond the county's authority.

(e) An order issued under this subdivision may be appealed under subdivisions 6 to 9.

Subd. 6. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 days after receiving an order or within 20 days after receiving notice that the commissioner or county board has determined that a violation has not been corrected or appropriate steps have not been taken, the person subject to an order under this section may request an expedited hearing, utilizing the procedures of Minnesota Rules, parts 1400.8510 to 1400.8612, to review the commissioner's or county board's action. The hearing request must specifically state the reasons for seeking review of the order. The person to whom the order is directed and the commissioner or county board are the parties to the expedited hearing. The commissioner or county board must notify the person to whom the order is directed of the time and place of the hearing at least 20 days before the hearing. The expedited hearing must be held within 30 days after a request for hearing has been filed with the commissioner or county board unless the parties agree to a later date.

(b) All written arguments must be submitted within ten days following the close of the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this subdivision. The office of administrative hearings may, in consultation with the agency, adopt rules specifically applicable to cases under this section.

(c) The administrative law judge shall issue a report making recommendations about the commissioner's or county board's action to the commissioner or county board within 30 days following the close of the record. The administrative law judge may not recommend a change in the amount of the proposed penalty unless the administrative law judge determines that, based on the factors in subdivision 2, the amount of the penalty is unreasonable.

(d) If the administrative law judge makes a finding that the hearing was requested solely for purposes of delay or that the hearing request was frivolous, the commissioner or county board may add to the amount of the penalty the costs charged to the agency by the office of administrative hearings for the hearing.

(e) If a hearing has been held, the commissioner or county board may not issue a final order until at least five days after receipt of the report of the administrative law judge. The person to whom an order is issued may, within those five days, comment to the commissioner or county board on the recommendations and the commissioner or county board will consider the comments. The final order may be appealed in the manner provided in sections 14.63 to 14.69.

(f) If a hearing has been held and a final order issued by the commissioner or county board, the penalty shall be paid by 30 days after the date the final order is received unless review of the final order is requested under sections 14.63 to 14.69. If review is not requested or the order is reviewed and upheld, the amount due is the penalty, together with interest accruing from 31 days after the original order was received at the rate established in section 549.09.

Subd. 7. [DISTRICT COURT HEARING.] (a) Within 30 days after the receipt of an order from the commissioner or a county board or within 20 days of receipt of notice that the commissioner or a county board has determined that a violation has not been corrected or appropriate steps have not been taken, the person subject to an order under this section may file a petition in district court for review of the order in lieu of requesting an administrative hearing under subdivision 6. The petition shall be filed with the court administrator with proof of service on the commissioner or county board. The petition shall be captioned in the name of the person making the petition as petitioner and the director commissioner or county board as respondent. The petition shall state with specificity the grounds upon which the petitioner seeks rescission of the order, including the facts upon which each claim is based.

(b) At trial, the commissioner or county board must establish by a preponderance of the evidence that a violation subject to this section occurred, the petitioner is responsible for the violation, a penalty immediately assessed as provided for under subdivision 5, paragraph (b) or (c), is justified by the violation, and the factors listed in subdivision 2 were considered when the penalty amount was determined and the penalty amount is justified by those factors.

Subd. 8. [MEDIATION.] In addition to review under subdivision 6 or 7, the commissioner or county board is authorized to enter into mediation concerning an order issued under this section if the commissioner or county board and the person to whom the order is issued both agree to mediation.

Subd. 9. [ENFORCEMENT.] (a) The attorney general may proceed on behalf of the state, or the county attorney on behalf of the county, may proceed to enforce penalties that are due and payable under this section in any manner provided by law for the collection of debts.

(b) The attorney general or county attorney may petition the district court to file the administrative order as an order of the court. At any court hearing, the only issues parties may contest are procedural and notice issues. Once entered, the administrative order may be enforced in the same manner as a final judgment of the district court.

(c) If a person fails to pay the penalty, the attorney general or county attorney may bring a civil action in district court seeking payment of the penalties, injunctive, or other appropriate relief including monetary damages, attorney fees, costs, and interest.

Subd. 10. [REVOCATION AND SUSPENSION OF PERMIT.] If a person fails to pay a penalty owed under this section, the agency or county board has grounds to revoke or refuse to reissue or renew a permit or license issued by the agency or county board.

Subd. 11. [CUMULATIVE REMEDY.] The authority of the agency or county board to issue a corrective order assessing penalties is in addition to other remedies available under statutory or common law, except that the state or county board may not seek civil penalties under any other provision of law for the violations covered by the administrative penalty order. The payment of a penalty does not preclude the use of other enforcement provisions, under which penalties are not assessed, in connection with the violation for which the penalty was assessed.

Subd. 12. [REPORT; ADMINISTRATIVE PENALTY ORDER.] (a) All counties that have adopted ordinances allowing them to issue administrative penalty orders shall report to the legislative audit commission by September 1, 1998, on administrative penalty activity through August 1, 1998. The reports must include at least the following information: the nature and number of orders and penalties issued or forgiven, the nature and outcome of appeals taken, how much revenue was collected from penalties and how it was spent, and any other information a county board finds relevant.

(b) The legislative audit commission shall evaluate the data and report to the legislative commission on waste management by January 1, 1999, on at least the following matters: the degree to which penalties were suitable to the gravity of the violation, the degree of consistency among counties in using the penalty authority, and any other information the legislative audit commission finds relevant. In preparing the report, the commission shall solicit information from the regulated community and shall make recommendations as to whether the administrative penalty authority should be continued, discontinued, or continued with modifications and make any other recommendations it wishes to propose as a result of its study.

Sec. 29. Minnesota Statutes 1994, section 400.16, is amended to read:

400.16 [SOLID WASTE AND SEWAGE SLUDGE DISPOSAL MANAGEMENT REGULATIONS.]

The county may by ordinance establish and revise rules, regulations, and standards for solid waste and sewage sludge management and land pollution, relating to (a) the location, sanitary operation, and maintenance of solid waste facilities and sewage sludge disposal facilities by the county and any municipality or other public agency and by private operators; (b) the collection, processing, and disposal of solid waste and sewage sludge; (c) the amount and type of equipment required in relation to the amount and type of material received at any solid waste facility or sewage sludge disposal facility; (d) the control of salvage operations, water or air or land pollution, and rodents at such facilities; (e) the termination or abandonment of the facilities or activities; and (f) other matters relating to the facilities as may be determined necessary for the public health, welfare, and safety. The county may issue permits or licenses for solid waste facilities and may require that the facilities be registered with an appropriate county office. The county shall adopt the ordinances for mixed municipal solid waste management. The county shall make provision for issuing permits or licenses for mixed municipal solid waste facilities and shall require that the facilities be registered with an appropriate county office. No permit or license shall be issued for a mixed municipal solid waste facility unless the applicant has demonstrated to the satisfaction of the county board the availability of revenues necessary to operate the facility in accordance with applicable state and local laws, ordinances, and rules. No permit shall be issued for a solid waste facility used primarily for resource recovery or a transfer station serving such a

facility, if the facility or station is owned or operated by a public agency or if the acquisition or betterment of the facility or station is secured by public funds or obligations issued by a public agency, unless the county finds and determines that adequate markets exist for the products recovered and that any displacement of existing resource recovery facilities and transfer stations serving such facilities that may result from the establishment of the new facility is required in order to achieve the waste management objectives of the county. The county ordinance shall require appropriate procedures for termination or abandonment of any mixed municipal solid waste facilities or services, which shall include provision for long term monitoring for possible land pollution, and for the payment by the owners or operators thereof, or both, of any costs incurred by the county in completing the procedures. The county may require the procedures and payments with respect to any facilities or services regulated pursuant to this section. In the event the operators or owners fail to complete the procedures in accordance with the ordinance, the county may recover the costs of completion in a civil action in any court of competent jurisdiction or, in the discretion of the board, the costs may be certified to the county auditor as a special tax against the land to be collected as other taxes are collected. The ordinance may be enforced by injunction, action to compel performance, or other appropriate action in the district court, or administrative penalty order authorized under section 116.072. Any ordinance enacted under this section shall embody minimum standards and requirements established by rule of the agency.

Sec. 30. Minnesota Statutes 1994, section 400.161, is amended to read:

400.161 [HAZARDOUS WASTE REGULATIONS.]

(a) The county may by ordinance establish and revise rules, regulations, and standards relating to (1) identification of hazardous waste, (2) the labeling and classification of hazardous waste, (3) the collection, transportation, processing, disposal, and storage of hazardous waste, and (4) other matters as may be determined necessary for the public health, welfare and safety. The county may issue permits or licenses for hazardous waste generation and may require the generators be registered with a county office. The ordinance may require appropriate procedures for the payment by the generator of any costs incurred by the county in completing such procedures. If the generator fails to complete such procedures, the county may recover the costs of completion in a civil action in any court of competent jurisdiction or, in the discretion of the board, the costs may be certified to the county auditor as a special tax against the land as other taxes are collected. The ordinance may be enforced by injunction, action to compel performance, or other action in district court, or administrative penalty order authorized under section 116.072. County hazardous waste ordinances shall embody and be consistent with agency hazardous waste rules. Counties shall submit adopted ordinances to the agency for review. In the event that agency rules are modified, each county shall modify its ordinances accordingly and shall submit the modification to the agency for review within 120 days. Issuing, denying, modifying, imposing conditions upon, or revoking permits or licenses and county hazardous waste regulations and ordinances shall be subject to review, denial, suspension, modification, and reversal by the pollution control agency. The pollution control agency shall after written notification have 15 days in the case of hazardous waste permits and licenses and 30 days in the case of hazardous waste ordinances to review, deny, suspend, modify, or reverse the action of the county. After this period, the action of the county board shall be final subject to appeal to the district court as provided in section 115.05.

(b) A county may not impose a fee under this section on material that is reused at the facility where the material is generated in a manner that the facility owner or operator can demonstrate does not increase the toxicity of, or the level of hazardous substances or pollutants or contaminants in, products that leave the facility.

Sec. 31. Minnesota Statutes 1994, section 473.149, subdivision 1, is amended to read:

Subdivision 1. [POLICY PLAN; GENERAL REQUIREMENTS.] The metropolitan council shall prepare and by resolution adopt as part of its development guide a director of the office of environmental assistance may revise the metropolitan long range policy plan for solid waste management in the metropolitan area. When adopted, and revised by the metropolitan council prior to the transfer of powers and duties in Laws 1994, chapter 639, article 5, section 2. The plan shall be followed in the metropolitan area. Until the director revises it, the plan adopted and revised by the council on September 26, 1991, remains in effect. The plan shall address the state policies and purposes expressed in section 115A.02. In revising the plan the director shall substantially conform to all policy statements, purposes, goals, standards, maps and plans in development guide sections and plans adopted by the council, provided that no land shall be thereby excluded from consideration as a solid waste facility site except land determined by the agency to be intrinsically unsuitable for such use follow the procedures in subdivision 3. The plan shall include goals and policies for solid waste management, including recycling consistent with section 115A.551, and household hazardous waste management consistent with section 115A.96, subdivision 6, in the metropolitan area and, to the extent appropriate, statements and information similar to that required under section 473.146, subdivision 1.

The plan shall include criteria and standards for solid waste facilities and solid waste facility sites respecting the following matters: general location; capacity; operation; processing techniques; environmental impact; effect on existing, planned, or proposed collection services and waste facilities; and economic viability. The plan shall, to the extent practicable and consistent with the achievement of other public policies and purposes, encourage ownership and operation of solid waste facilities by private industry. For solid waste facilities owned or operated by public agencies or supported primarily by public funds or obligations issued by a public agency, the plan shall include additional criteria and standards to protect comparable private and public facilities already existing in the area from displacement unless the displacement is required in order to achieve the waste management objectives identified in the plan. In developing revising the plan, the council director shall consider the orderly and economic development, public and private, of the metropolitan area; the preservation and best and most economical use of land and water resources in the metropolitan area; the protection and enhancement of environmental quality; the conservation and reuse of resources and energy; the preservation and promotion of conditions conducive to efficient, competitive, and adaptable systems of waste management; and the orderly resolution of questions concerning changes in systems of waste management. Criteria and standards for solid waste facilities shall be consistent with rules adopted by the pollution control agency pursuant to chapter 116 and shall be at least as stringent as the guidelines, regulations, and standards of the federal Environmental Protection Agency.

Sec. 32. Minnesota Statutes 1994, section 473.149, subdivision 2d, is amended to read:

Subd. 2d. [LAND DISPOSAL ABATEMENT PLAN.] (a) After considering any county land disposal abatement proposals and waste stream analysis that have been submitted under section 473.803, subdivision 1b, The council director shall amend its include in the policy plan to include specific and quantifiable metropolitan objectives for abating to the greatest feasible and prudent extent the need for and practice of land disposal of mixed municipal solid waste and of specific components of the solid waste stream, including residuals and ash, either by type of waste or class of generator.

(b) The objectives must be stated in annual increments through the year 1990 and thereafter in five-year six-year increments for a period of at least 20 years from the date of adoption of policy plan revisions. The plan must include a reduced estimate of the capacity, based on the council's abatement objectives, needed for the disposal of various types of waste in each five-year six-year increment and the general area of the region where the capacity should be developed.

(c) The plan must include objectives for waste reduction and measurable objectives for local abatement of solid waste through resource recovery, recycling, and source separation programs for each metropolitan county stated in annual increments through the year 1990 and in five-year six-year increments for a period of at least 20 years from the date of adoption of policy plan revisions.

(d) The standards must be based upon and implement the council's metropolitan abatement objectives. The council's plan must include standards and procedures to be used by the council director in determining whether a metropolitan county has implemented the council's metropolitan land disposal abatement plan and has achieved the objectives for local abatement.

Sec. 33. Minnesota Statutes 1994, section 473.149, subdivision 2e, is amended to read:

Subd. 2e. [SOLID WASTE DISPOSAL FACILITIES DEVELOPMENT SCHEDULE CAPACITY NEEDS.] (a) After requesting and considering recommendations from the counties, cities, and towns, the council director as part of its the policy plan shall determine the number of sites and the capacity of sites needed within to serve the metropolitan area for disposal of solid waste disposal facilities.

(b) The council shall adopt a schedule of disposal capacity to be developed within the metropolitan area, including residuals and ash, in five-year six-year increments for a period of at least 20 years from adoption of development schedule policy plan revisions. In making the schedule may not allow capacity in excess of determination, the director must take into account the council's reduced estimate of the disposal capacity needed because of the council's land disposal abatement plan.

(c) The council shall make the implementation of elements of the schedule contingent on actions of each county in adopting and implementing abatement plans pursuant to section 473.803, subdivision 1b. The council may review the development schedule every year and revise the development schedule based on the progress made in the implementation of the council's abatement plans and achievement of metropolitan and local abatement objectives. The council shall review and revise, by resolution following public hearing, the development schedule based on significant changes in the landfill capacity of the metropolitan area. The schedule must include procedures and criteria for making revisions.

(d) The schedule director's determination must include standards and procedures for council certification of need pursuant to section 473.823. The schedule must also include a closure schedule and plans for postclosure management and disposition of facilities, including facilities in existence before the adoption of the development schedule.

Sec. 34. Minnesota Statutes 1994, section 473.149, subdivision 3, is amended to read:

Subd. 3. [PREPARATION AND; ADOPTION; AND REVISION.] (a) The solid waste policy plan shall be prepared, adopted, and amended revised as necessary in accordance with paragraphs (c) to (e), after consultation with the metropolitan counties and the pollution control agency. Any comprehensive plan adopted by the council shall remain in force and effect while new or amended plans are being prepared and adopted by the council. No

(b) Revisions to the policy plan are exempt from the rulemaking provisions of chapter 14.

(c) Before beginning preparation of revisions to the policy plan, the director shall publish a predrafting notice in the State Register that includes a statement of the subjects expected to be covered by the revisions, including a summary of the important problems and issues. The notice must solicit comments from the public and state that the comments must be received by the director within 45 days of publication of the notice. The director shall consider the comments in preparing the revisions.

(d) After publication of the predrafting notice and before adopting revisions to the policy plan, the director shall publish a notice in the State Register that:

(1) contains a summary of the proposed revisions;

(2) invites public comment;

(3) lists locations where the proposed revised policy plan can be reviewed and states that copies of the proposed revised policy plan can also be obtained from the office;

(4) states a location for a public meeting on the revisions at a time no earlier than 30 days from the date of publication; and

(5) advises the public that they have 30 days from the date of the public meeting in clause (4) to submit comments on the revisions to the director.

(e) At the meeting described in paragraph (d), clause (4), the public shall be given an opportunity to present their views on the policy plan revisions. The director shall incorporate any amendments to the proposed revisions that, in the director's view, will help to carry out the requirements of subdivisions 1, 2d, and 2e. At or before the time that policy plan revisions are finally adopted, the director shall issue a report that addresses issues raised in the public comments. The report shall be made available to the public and mailed to interested persons who have submitted their names and addresses to the director.

(f) The criteria and standards adopted in the policy plan for review of solid waste facility permits pursuant to section 473.823, subdivision 3; for issuance of certificates of need pursuant to section 473.823, subdivision 6; and for review of solid waste contracts pursuant to section 473.813 may be appealed to the court of appeals within 30 days after final adoption of the policy plan. The court may declare the challenged portion of the policy plan invalid if it violates constitutional provisions, is in excess of statutory authority of the director, or was adopted without compliance with the procedures in this subdivision. The review shall be on the record created during the adoption of the policy plan, except that additional evidence may be included in the record if the court finds that the additional evidence is material and there were good reasons for failure to present it in the proceedings described in paragraphs (c) to (e).

(g) The metropolitan council or a metropolitan county, local government unit, commission, or person shall not acquire, construct, improve or operate any solid waste facility in the metropolitan area except in accordance with the council's plan and section 473.823, provided that no solid waste facility in use when a plan is adopted shall be discontinued solely because it is not located in an area designated in the plan as acceptable for the location of such facilities.

Sec. 35. Minnesota Statutes 1994, section 473.149, subdivision 6, is amended to read:

Subd. 6. [REPORT TO LEGISLATURE.] The council director shall report on abatement to the legislative commission on waste management by July 1 of each odd-numbered year. The report must include an assessment of whether the objectives of the metropolitan abatement plan have been met and whether each county and each class of city within each county have achieved the objectives set for it in the council's plan. The report must recommend

any legislation that may be required to implement the plan. The report shall include the reports be included in the report required by sections 115A.551, subdivision 4; 473.846; and 473.848, subdivision 4 section 115A.411. If in any year the council director reports that the objectives of the council's abatement plan have not been met, the council director shall evaluate and report on the need to reassign governmental responsibilities among cities, counties, and metropolitan agencies to assure implementation and achievement of the metropolitan and local abatement plans and objectives.

The report in each even-numbered year must include a report on the operating, capital, and debt service costs of solid waste facilities in the metropolitan area; changes in the costs; the methods used to pay the costs; and the resultant allocation of costs among users of the facilities and the general public. The facility costs report must present the cost and financing analysis in the aggregate and broken down by county and by major facility.

Sec. 36. Minnesota Statutes 1994, section 473.803, subdivision 1c, is amended to read:

Subd. 1c. [COUNTY ABATEMENT PLAN.] Each county shall revise its master plan to include a land disposal abatement element to implement the council's metropolitan land disposal abatement plan adopted under section 473.149, subdivision 2d, and shall submit the revised master plan to the council director for review under subdivision 2 within nine months after the adoption of the council's metropolitan abatement plan. The county plan must implement the local abatement objectives for the county and cities within the county as stated in the council's metropolitan abatement plan. The county abatement plan must include specific and quantifiable county objectives, based on the council's objectives in the metropolitan abatement plan, for abating to the greatest feasible and prudent extent the need for and practice of land disposal of mixed municipal solid waste and of specific components of the solid waste stream generated in the county, stated in annual increments through the date specified in section 473.848 and in two five-year six-year increments thereafter for a period of at least 20 years from the date of metropolitan policy plan revisions. The plan must include measurable performance standards for local abatement of solid waste through resource recovery and waste reduction and separation programs and activities for the county as a whole and for statutory or home rule charter cities of the first, second, and third class, respectively, in the county, stated in annual increments through the date specified in section 473.848 and in two five-year six-year increments thereafter for a period of at least 20 years from the date of metropolitan policy plan revisions. The performance standards must implement the metropolitan and county abatement objectives. The plan must include standards and procedures to be used by the county in determining annually under subdivision 3 whether a city within the county has implemented the plan and has satisfied the performance standards for local abatement. The master plan revision required by this subdivision must be prepared in consultation with the advisory committee established pursuant to subdivision 4.

Sec. 37. Minnesota Statutes 1994, section 473.803, subdivision 2, is amended to read:

Subd. 2. [COUNCIL DIRECTOR REVIEW.] The council director shall review each master plan or revision thereof to determine whether it is consistent with the council's metropolitan policy plan. If it is not consistent, the council director shall disapprove and return the plan with its comments to the county for revision and resubmittal. The county shall have 90 days to revise and resubmit the plan for council the director's approval. Any county solid waste plan or report approved by the council prior to April 9, 1976 July 1, 1994, shall remain in effect until a new master plan is submitted to and approved by the council director in accordance with this section.

The council director shall review the household hazardous waste management portion of each county's plan in cooperation with the agency.

Sec. 38. Minnesota Statutes 1994, section 473.803, subdivision 3, is amended to read:

Subd. 3. [ANNUAL REPORT.] By April 1 of each year, each metropolitan county shall prepare and submit to the council director for its approval a report containing information, as the council may prescribe prescribed in its the metropolitan policy plan, concerning solid waste generation and management within the county. The report shall include a statement of progress in achieving the land disposal abatement objectives for the county and classes of cities in the county as stated in the council's metropolitan policy plan and county master plan. The report must list cities that have not satisfied the county performance standards for local abatement required by subdivision 1c. The report must include a schedule of rates and charges in effect or proposed for the use of any solid waste facility owned or operated by or on its behalf, together with a statement of the basis for such charges.

The report shall contain the recycling development grant report required by section 473.8441 and the annual certification report required by section 473.848.

Sec. 39. Minnesota Statutes 1994, section 473.803, subdivision 4, is amended to read:

Subd. 4. [ADVISORY COMMITTEE.] By July 1, 1984, Each county shall establish a solid waste management advisory committee to aid in the preparation of the county master plan, any revisions thereof, and such additional matters as the county deems appropriate. The committee must consist of citizen representatives, representatives from towns and cities within the county, and representatives from private waste management firms. The committee must include residents of towns or cities within the county containing solid waste disposal facilities. Members of the council's solid waste advisory committee established under section 473.149, subdivision 4, who reside in the county are ex officio members of the county advisory committee. A representative of the metropolitan council The director or the director's appointee is an ex officio member of the committee.

Sec. 40. Minnesota Statutes 1994, section 473.811, subdivision 5c, is amended to read:

Subd. 5c. [COUNTY ENFORCEMENT.] Each metropolitan county shall be responsible for insuring that waste facilities, solid waste collection operations licensed or regulated by the county and hazardous waste generation and collection operations are brought into conformance with, or terminated and abandoned in accordance with, applicable county ordinances; rules and requirements of the state; and the policy plan of the council. Counties may provide by ordinance that operators or owners or both of such facilities or operations shall be responsible to the county for satisfactorily performing the procedures required. If operators or owners or both fail to perform, the county may recover the costs incurred by the county in completing the procedures in a civil action in any court of competent jurisdiction or, in the discretion of the board, the costs may be certified to the county auditor as a special tax against the land. The ordinances may be enforced by action in district court or administrative penalty order authorized under section 116.072. The county may prescribe a criminal penalty for the violation of any ordinance enacted under this section not exceeding the maximum which may be specified for a misdemeanor.

Sec. 41. Minnesota Statutes 1994, section 473.843, subdivision 1, is amended to read:

Subdivision 1. [AMOUNT OF FEE; APPLICATION.] The operator of a mixed municipal solid waste disposal facility in the metropolitan area shall pay a fee on solid waste accepted and disposed at the facility as follows:

(a) A facility that weighs the waste that it accepts must pay a fee of $6.66 per ton of waste accepted at the entrance of the facility.

(b) A facility that does not weigh the waste but that measures the volume of the waste that it accepts must pay a fee of $2 per cubic yard of waste accepted at the entrance of the facility. This fee and the tipping fee must be calculated on the same basis.

(c) Waste residue, from recycling facilities at which recyclable materials are separated or processed for the purposes of recycling, or from energy and resource recovery facilities at which solid waste is processed for the purpose of extracting, reducing, converting to energy, or otherwise separating and preparing solid waste for reuse, is exempt from the fee imposed by this subdivision if there is at least an 85 percent volume weight reduction in the solid waste processed. To qualify for exemption under this clause, waste residue must be brought to a disposal facility separately. The commissioner of revenue, with the advice and assistance of the council director and the agency, shall prescribe procedures for determining the amount of waste residue qualifying for exemption.

Sec. 42. Minnesota Statutes 1994, section 473.843, is amended by adding a subdivision to read:

Subd. 1a. [EXEMPTION FOR CARPET RECYCLING FACILITIES.] Notwithstanding any provision to the contrary in subdivision 1, a used carpet recycling facility is exempt from the fee imposed by subdivision 1 until August 1, 1996, if there is at least a 50 percent weight reduction in the solid waste processed. For the purposes of this subdivision, "used carpet" means carpet that is no longer suitable for its original intended purpose because of wear, damage, or defect.

Sec. 43. Minnesota Statutes 1994, section 473.846, is amended to read:

473.846 [REPORT TO LEGISLATURE.]

The agency and metropolitan council the director shall submit to the senate finance committee, the house ways and means committee, and the legislative commission on waste management separate reports describing the activities for which money from the landfill abatement account and contingency action trust fund has been spent. The agency shall

report by November 1 of each year on expenditures during its previous fiscal year. The council director shall report on expenditures during the previous calendar year and must incorporate its report in the report required by section 473.149 115A.411, due July 1 of each odd-numbered year. The council director shall make recommendations to the legislative commission on waste management on the future management and use of the metropolitan landfill abatement account.

Sec. 44. [480.0515] [PAPERS TO BE SUBMITTED ON RECYCLED PAPER.]

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

(b) "Attorney" means an attorney at law admitted to practice law in this state.

(c) "Document" means a document that is required or permitted to be filed with a court concerning an action that is to be commenced or is pending before the court.

Subd. 2. [REQUIREMENT.] (a) Except as provided in subdivision 3, a document submitted by an attorney to a court of this state, and all papers appended to the document, must be submitted on paper containing not less than ten percent postconsumer material, as defined in section 115A.03, subdivision 24b.

(b) A court may not refuse a document solely because the document was not submitted on recycled paper.

Subd. 3. [EXCEPTIONS.] (a) Subdivision 1 does not apply to:

(1) a photograph;

(2) an original document that was prepared or printed before January 1, 1996;

(3) a document that was not created at the direction or under the control of the submitting attorney;

(4) a facsimile copy otherwise permitted to be filed with the court in lieu of the original document, provided that if the original is also required to be filed, it must be submitted in compliance with this section; or

(5) nonrecycled paper and preprinted forms acquired or printed before January 1, 1996.

(b) This section does not apply if recycled paper is not readily available.

Sec. 45. [STUDY ON BARRIERS TO INCREASED RECYCLING OF CORRUGATED PAPER PRODUCTS AND USED CARPETING.]

By November 1, 1995, the office of environmental assistance shall conduct an analysis and make recommendations to the legislative commission on waste management regarding measures to remove barriers that prevent increased recycling of corrugated paper products and used carpeting. For purposes of this section, "corrugated paper products" means boxes, containers, liners, sheets, or other products made from corrugated paper. "Used carpeting" means carpeting that is no longer suitable for its original intended purpose because of wear, damage, or defect.

Sec. 46. Laws 1994, chapter 628, article 3, section 209, is amended to read:

Sec. 209. [REPEALER.]

(a) Minnesota Statutes 1992, sections 115A.03, subdivision 20; 115A.33; 174.22, subdivision 4; 473.121, subdivisions 15 and 21; 473.122; 473.146, subdivisions 2, 2a, 2b, and 2c; 473.153; 473.161; 473.163; 473.181, subdivision 3; 473.325, subdivision 5; 473.384, subdivision 9; 473.388, subdivision 6; 473.404, as amended by Laws 1993, chapter 119, section 1; 473.405, subdivisions 2, 6, 7, 8, 11, 13, and 14; 473.417; 473.435; 473.436, subdivision 7; 473.445, subdivisions 1 and 3; 473.501, subdivision 2; 473.503; 473.504, subdivisions 1, 2, 3, 7, and 8; 473.511, subdivision 5; 473.517, subdivision 8; 473.543, subdivision 5; and 473.553, subdivision 4a, are repealed.

(b) Minnesota Statutes 1992, sections 473.121, subdivision 14a; 473.141, as amended by Laws 1993, chapter 314, sections 3 and 4; 473.373, as amended by Laws 1993, chapter 314, section 5; 473.375, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, 16, 17, and 18; 473.377; 473.38; Minnesota Statutes 1993 Supplement, section 473.3996, are repealed.

Sec. 47. [REENACTMENT.]

Notwithstanding Minnesota Statutes, section 645.36, Minnesota Statutes 1992, section 115A.33, as repealed by Laws 1994, chapter 628, article 3, section 209, is reenacted.

Sec. 48. [APPLICATION.]

Sections 31 to 43 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 49. [INSTRUCTION TO REVISOR.]

The revisor shall renumber Minnesota Statutes 1995 Supplement, section 473.848 as 115A.465 and change references to section 473.848 to section 115A.465 in Minnesota Statutes, sections 115A.47, 473.149, subdivision 6, and 473.811, subdivision 5.

The revisor shall recodify Minnesota Statutes 1995 Supplement, section 115A.931, paragraph (b), as a definition in Minnesota Statutes, section 115A.903, and recast the language as necessary to conform to the other definitions in that section.

Sec. 50. [REPEALER.]

(a) Minnesota Statutes 1994, sections 116.94; 473.149, subdivisions 2, 2a, 2c, and 2f; and 473.803, subdivision 1b, are repealed.

(b) Minnesota Statutes 1994, section 473.803, subdivision 1e, is repealed.

Sec. 51. [EFFECTIVE DATE.]

Sections 1, 4, 31 to 34, 36, 37, 39, and 50, paragraph (a), are effective on the day following final enactment.

Sections 7 and 9 are effective on June 15, 1995.

Section 44 is effective January 1, 1996.

Section 1. Minnesota Statutes 1994, section 115A.055, is amended to read:

115A.055 [OFFICE OF ENVIRONMENTAL ASSISTANCE.]

Subdivision 1. [ORGANIZATION OF OFFICE.] The office of environmental assistance is an agency in the executive branch headed by a director appointed by the commissioner of the pollution control agency, with the advice and consent of the senate, to serve in the unclassified service. The director may appoint two assistant directors in the unclassified service and may appoint other employees, as needed, in the classified service. The office is a department of the state only for purposes of section 16B.37, subdivision 2.

Subd. 2. [TRANSFER OF ADDITIONAL POWERS AND DUTIES.] After July 1, 1994, the solid and hazardous waste management powers and duties of the office and director transferred to them from the metropolitan council by Laws 1994, chapter 639, article 5, section 2, are governed by sections 473.149, 473.151, and 473.801 to 473.849.

Sec. 2. Minnesota Statutes 1994, section 115A.07, subdivision 3, is amended to read:

Subd. 3. [UNIFORM WASTE STATISTICS; RULES.] The director, after consulting with the commissioner, the metropolitan council, local government units, and other interested persons, may adopt rules to establish uniform methods for collecting and reporting waste reduction, generation, collection, transportation, storage, recycling, processing, and disposal statistics necessary for proper waste management and for reporting required by law. Prior to publishing proposed rules, the director shall submit draft rules to the legislative commission on waste management for review and comment. Rules adopted under this subdivision apply to all persons and units of government in the state for the purpose of collecting and reporting waste-related statistics requested under or required by law.

Sec. 3. Minnesota Statutes 1994, section 115A.072, subdivision 1, is amended to read:

Subdivision 1. [WASTE EDUCATION COALITION.] (a) The director shall provide for the development and implementation of a program of general public education on waste management in cooperation and coordination with the pollution control agency, metropolitan council, department of education, department of agriculture, environmental quality board, environmental education board, educational institutions, other public agencies with responsibility for waste management or public education, and three other persons who represent private industry and who have knowledge of or expertise in recycling and solid waste management issues. The objectives of the program are to: develop increased public awareness of and interest in environmentally sound waste management methods; encourage better informed decisions on waste management issues by business, industry, local governments, and the public; and disseminate practical information about ways in which households and other institutions and organizations can improve the management of waste.

(b) The director shall appoint an advisory task force, to be called the waste education coalition, of up to 18 members to advise the director in carrying out the director's responsibilities under this section and whose membership represents the agencies and entities listed in this subdivision. The task force expires on June 30, 1997.

Sec. 4. Minnesota Statutes 1994, section 115A.12, is amended to read:

115A.12 [ADVISORY COUNCILS.]

(a) The director shall establish a solid waste management advisory council, a hazardous waste management planning council, and a market development coordinating council, that are broadly representative of the geographic areas and interests of the state.

(b) The solid waste council shall have not less than nine nor more than 21 members. The membership of the solid waste council shall consist of one-third citizen representatives, one-third representatives from local government units, and one-third representatives from private solid waste management firms. The solid waste council shall contain at least three members experienced in the private recycling industry and at least one member experienced in each of the following areas: state and municipal finance; solid waste collection, processing, and disposal; and solid waste reduction and resource recovery.

(c) The hazardous waste council shall have not less than nine nor more than 18 members. The membership of the hazardous waste advisory council shall consist of one-third citizen representatives, one-third representatives from local government units, and one-third representatives of hazardous waste generators and private hazardous waste management firms.

(d) The market development coordinating council shall have not less than nine nor more than 18 members and shall consist of one representative from the department of trade and economic development, the department of administration, the pollution control agency, Minnesota Technology, Inc., the metropolitan council, and the legislative commission on waste management. The other members shall represent local government units, private recycling markets, and private recycling collectors. The market development coordinating council expires June 30, 1997.

(e) The chairs of the advisory councils shall be appointed by the director. The director shall provide administrative and staff services for the advisory councils. The advisory councils shall have such duties as are assigned by law or the director. The solid waste advisory council shall make recommendations to the office on its solid waste management activities. The hazardous waste advisory council shall make recommendations to the office on its activities under sections 115A.08, 115A.09, 115A.10, 115A.11, 115A.20, 115A.21, and 115A.24. Members of the advisory councils shall serve without compensation but shall be reimbursed for their reasonable expenses as determined by the director. The solid waste management advisory council and the hazardous waste management planning council expire June 30, 1997.

Sec. 5. Minnesota Statutes 1994, section 115A.14, subdivision 4, is amended to read:

Subd. 4. [POWERS AND DUTIES.] (a) The commission shall oversee the activities of the office, and agency, and metropolitan council relating to solid and hazardous waste management, and direct such changes or additions in the work plan of the office, and agency, and council relating to solid and hazardous waste management as the commission deems fit.

(b) The commission shall make recommendations to the standing legislative committees on finance and appropriations for appropriations from the environmental response, compensation, and compliance account in the environmental fund under section 115B.20, subdivision 5.

(c) The commission may conduct public hearings and otherwise secure data and expressions of opinion. The commission shall make such recommendations as it deems proper to assist the legislature in formulating legislation. Any data or information compiled by the commission shall be made available to any standing or interim committee of the legislature upon request of the chair of the respective committee.

Sec. 6. Minnesota Statutes 1994, section 115A.15, subdivision 9, is amended to read:

Subd. 9. [RECYCLING GOAL.] By December 31, 1993, the commissioner shall recycle at least 40 percent by weight of the solid waste generated by state offices and other state operations located in the metropolitan area. By March 1 of each year the commissioner shall report to the office and the metropolitan council the estimated recycling rates by county for state offices and other state operations in the metropolitan area for the previous calendar year. The office shall incorporate these figures into the reports submitted by the counties under section 115A.557, subdivision 3, to determine each county's progress toward the goal in section 115A.551, subdivision 2.

Each state agency in the metropolitan area shall work to meet the recycling goal individually. If the goal is not met by an agency, the commissioner shall notify that agency that the goal has not been met and the reasons the goal has not been met and shall provide information to the employees in the agency regarding recycling opportunities and expectations.

Sec. 7. Minnesota Statutes 1994, section 115A.191, subdivision 1, is amended to read:

Subdivision 1. [OFFICE TO SEEK CONTRACTS.] The office of waste management and any eligible county board may enter a contract as provided in this section expressing their voluntary and mutually satisfactory agreement concerning the location and development of a stabilization and containment facility. The director shall negotiate contracts with eligible counties and shall present drafts of the negotiated contracts to the office for its approval. The director shall actively solicit, encourage, and assist counties, together with developers, landowners, the local business community, and other interested parties, in developing resolutions of interest. The county shall provide affected political subdivisions and other interested persons with an opportunity to suggest contract terms.

Sec. 8. Minnesota Statutes 1994, section 115A.191, subdivision 2, is amended to read:

Subd. 2. [RESOLUTION OF INTEREST IN NEGOTIATING; ELIGIBILITY.] A county is eligible to negotiate a contract under this section if the county board files with the office of waste management and the office accepts a resolution adopted by the county board that expresses the county board's interest in negotiations and its willingness to accept the preliminary evaluation of one or more study areas in the county for consideration as a location of a stabilization and containment facility. The county board resolution expressing interest in negotiations must provide for county cooperation with the office, as necessary to facilitate the evaluation of study areas in the county, and for the appointment of a member of the county board or an officer or employee of the county as official liaison with the office with respect to the matters provided in the resolution and future negotiations with the office. A county board by resolution may withdraw a resolution of interest, and the office of waste management may withdraw its acceptance of such a resolution, at any time before the parties execute a contract under this section. A county that is eligible to negotiate a contract shall receive the benefits as provided in section 477A.012.

Sec. 9. Minnesota Statutes 1994, section 115A.32, is amended to read:

115A.32 [RULES.]

The board shall promulgate rules pursuant to chapter 14 to govern its activities under sections 115A.32 to 115A.39. For the purposes of sections 115A.32 to 115A.39, "board" means the environmental quality board established in section 116C.03. In all of its activities and deliberations under sections 115A.32 to 115A.39, the board shall consult with the director of the office of waste management.

Sec. 10. Minnesota Statutes 1994, section 115A.42, is amended to read:

115A.42 [ESTABLISHMENT AND ADMINISTRATION.]

There is established a program to encourage and improve regional and local solid waste management planning activities and efforts and to further the state policies and purposes expressed in section 115A.02. The program under sections 115A.42 to 115A.46 is administered by the office director pursuant to rules promulgated under chapter 14, except in the metropolitan area where the program is administered by the metropolitan council pursuant to chapter 473 director pursuant to section 473.149. The office and the metropolitan council director shall ensure conformance with federal requirements and programs established pursuant to the Resource Conservation and Recovery Act of 1976 and amendments thereto.

Sec. 11. Minnesota Statutes 1994, section 115A.45, is amended to read:

115A.45 [TECHNICAL ASSISTANCE.]

The director and metropolitan council shall provide for technical assistance to encourage and improve solid waste management and to assist political subdivisions in preparing the plans described in section 115A.46. The director and metropolitan council shall provide model plans for regional and local solid waste management. The director and metropolitan council may contract for the delivery of technical assistance by a regional development commission, any state or federal agency, private consultants, or other persons. The director shall prepare and publish an inventory of sources of technical assistance for solid waste planning, including studies, publications, agencies, and persons available.

Sec. 12. Minnesota Statutes 1994, section 115A.46, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] (a) Plans shall address the state policies and purposes expressed in section 115A.02 and may not be inconsistent with state law.

(b) Plans for the location, establishment, operation, maintenance, and postclosure use of facilities and facility sites, for ordinances, and for licensing, permit, and enforcement activities shall be consistent with the rules adopted by the agency pursuant to chapter 116.

(c) Plans shall address:

(1) the resolution of conflicting, duplicative, or overlapping local management efforts;

(2) the establishment of joint powers management programs or waste management districts where appropriate; and

(3) other matters as the rules of the office may require consistent with the purposes of sections 115A.42 to 115A.46.

(d) Political subdivisions preparing plans under sections 115A.42 to 115A.46 shall consult with persons presently providing solid waste collection, processing, and disposal services.

(e) Plans must be submitted to the director, or the metropolitan council pursuant to section 473.803, for approval. When a county board is ready to have a final plan approved, the county board shall submit a resolution requesting review and approval by the director or the metropolitan council. After receiving the resolution, the director or the metropolitan council shall notify the county within 45 days whether the plan as submitted is complete and, if not complete, the specific items that need to be submitted to make the plan complete. Within 90 days after a complete plan has been submitted, the director or the metropolitan council shall approve or disapprove the plan. If the plan is disapproved, reasons for the disapproval must be provided.

(f) After initial approval, each plan must be updated and submitted for approval every five years. The plan must be revised as necessary so that it is not inconsistent with state law.

Sec. 13. Minnesota Statutes 1994, section 115A.5501, subdivision 2, is amended to read:

Subd. 2. [MEASUREMENT; PROCEDURES.] To measure the overall percentage of packaging in the statewide solid waste stream, the director and the chair of the metropolitan council, in consultation with the commissioner, shall each conduct an annual solid waste composition study studies in the nonmetropolitan and metropolitan areas respectively or shall develop an alternative method that is as statistically reliable as a waste composition study to measure the percentage of packaging in the waste stream.

The chair of the council shall submit the results from the metropolitan area to the director by May 1 of each year. The director shall average the nonmetropolitan and metropolitan results and submit the statewide percentage, along with a statistically reliable margin of error, to the legislative commission on waste management by July 1 of each year. The 1994 report must include a discussion of the reliability of data gathered under this subdivision and the methodology used to determine a statistically reliable margin of error.

Sec. 14. Minnesota Statutes 1994, section 115A.5501, subdivision 3, is amended to read:

Subd. 3. [FACILITY COOPERATION AND REPORTS.] The owner or operator of a facility shall allow access upon reasonable notice to authorized office, or agency, or metropolitan council staff for the purpose of conducting waste composition studies or otherwise assessing the amount of total packaging in the waste delivered to the facility under this section.

Beginning in 1993, by February 1 of each year the owner or operator of a facility governed by this subdivision shall submit a report to the commissioner, on a form prescribed by the commissioner, specifying the total amount of solid waste received by the facility between January 1 and December 31 of the previous year. The commissioner shall calculate the total amount of solid waste delivered to solid waste facilities from the reports received from the facility owners or operators and shall report the aggregate amount to the director by April 1 of each year. The commissioner shall assess a nonforgivable administrative penalty under section 116.072 of $500 plus any forgivable amount necessary to enforce this subdivision on any owner or operator who fails to submit a report required by this subdivision.

Sec. 15. Minnesota Statutes 1994, section 115A.551, subdivision 5, is amended to read:

Subd. 5. [FAILURE TO MEET GOAL.] (a) A county failing to meet the interim goals in subdivision 3 shall, as a minimum:

(1) notify county residents of the failure to achieve the goal and why the goal was not achieved; and

(2) provide county residents with information on recycling programs offered by the county.

(b) If, based on the recycling monitoring described in subdivision 4, the director or the metropolitan council finds that a county will be unable to meet the recycling goals established in subdivisions 2 and 2a, the director or council shall, after consideration of the reasons for the county's inability to meet the goals, recommend legislation for consideration by the legislative commission on waste management to establish mandatory recycling standards and to authorize the director or council to mandate appropriate solid waste management techniques designed to meet the standards in those counties that are unable to meet the goals.

Sec. 16. Minnesota Statutes 1994, section 115A.558, is amended to read:

115A.558 [SAFETY GUIDE.]

The pollution control agency, in cooperation with the office of waste management and the metropolitan council, shall prepare and distribute to all interested persons a guide for operation of a recycling or yard waste composting facility to protect the environment and public health.

Sec. 17. Minnesota Statutes 1994, section 115A.63, subdivision 3, is amended to read:

Subd. 3. [RESTRICTIONS.] No waste district shall be established within the boundaries of the Western Lake Superior Sanitary District established under chapter 458D. No waste district shall be established wholly within one county. The director shall not establish a waste district within or extending into the metropolitan area, nor define or alter the powers or boundaries of a district, without the approval of the metropolitan council. The council shall not approve a district unless the articles of incorporation of the district require that the district will have the same procedural and substantive responsibilities, duties, and relationship to the metropolitan agencies as a metropolitan county. The director shall require the completion of a comprehensive solid waste management plan conforming to the requirements of section 115A.46, by petitioners seeking to establish a district.

Sec. 18. Minnesota Statutes 1994, section 115A.84, subdivision 3, is amended to read:

Subd. 3. [PLAN APPROVAL.] (a) A district or county planning a designation for waste generated wholly within the metropolitan area defined in section 473.121 shall submit its designation plan to the metropolitan council for review and approval or disapproval. Other districts or counties shall submit the designation plan to the director for review and approval or disapproval.

(b) The reviewing authority director shall complete its the review and make its a decision within 120 days following submission of the plan for review. The reviewing authority director shall approve the designation plan if the plan satisfies the requirements of subdivision 2 and, in the case of designation to disposal facilities, if the reviewing authority director finds that the plan has demonstrated that the designation is necessary and is consistent with section 115A.02. The reviewing authority director may attach conditions to its the approval that relate to matters required in a designation ordinance under section 115A.86, subdivision 1, paragraph (a), clauses (1) to (4), and paragraph (b). Amendments to plans must be submitted for review in accordance with this subdivision.

Sec. 19. Minnesota Statutes 1994, section 115A.86, subdivision 2, is amended to read:

Subd. 2. [APPROVAL.] A district or county whose designation applies wholly within the metropolitan area defined in section 473.121 shall submit the designation ordinance, together with any negotiated contracts assuring the delivery of solid waste, to the metropolitan council for review and approval or disapproval. Other districts or counties shall submit the designation ordinance, together with any negotiated contracts assuring the delivery of solid waste, to the director for review and approval or disapproval. The director shall complete the review and make a decision

within 90 days following submission of the designation for review. The director shall approve the designation if the director determines that the designation procedure specified in section 115A.85 was followed and that the designation is based on a plan approved under section 115A.84. The director may attach conditions to the approval.

Sec. 20. Minnesota Statutes 1994, section 115A.951, subdivision 4, is amended to read:

Subd. 4. [COLLECTION OF USED DIRECTORIES.] Each publisher or distributor of telephone directories shall:

(1) provide for the collection and delivery to a recycler of waste telephone directories;

(2) inform recipients of directories of the collection system; and

(3) submit a report to the office of waste management by August 1 of each year that specifies the percentage of distributed directories collected as waste directories by distribution area and the locations where the waste directories were delivered for recycling and that verifies that the directories have been recycled.

Sec. 21. Minnesota Statutes 1994, section 115A.97, subdivision 5, is amended to read:

Subd. 5. [PLANS; REPORT.] A county solid waste plan, or revision of a plan, that includes incineration of mixed municipal solid waste must clearly state how the county plans to meet the goals in subdivision 1 of reducing the toxicity and quantity of incinerator ash and of reducing the quantity of processing residuals that require disposal. The director, in cooperation with the agency, and the counties, and the metropolitan council, may develop guidelines for counties to use to identify ways to meet the goals in subdivision 1.

The director, in cooperation with the agency, the counties, and the metropolitan council, shall develop and propose statewide goals and timetables for the reduction of the noncombustible fraction of mixed municipal solid waste prior to incineration or processing into refuse-derived fuel and for the reduction of the toxicity of the incinerator ash. By January 1, 1990, the director shall report to the legislative commission on waste management on the proposal goals and timetables with recommendations for their implementation.

Sec. 22. Minnesota Statutes 1994, section 115A.97, subdivision 6, is amended to read:

Subd. 6. [PERMITS; AGENCY REPORT.] An application for a permit to build or operate a mixed municipal solid waste incinerator, including an application for permit renewal, must clearly state how the applicant will achieve the goals in subdivision 1 of reducing the toxicity and quantity of incinerator ash and of reducing the quantity of processing residuals that require disposal. The agency, in cooperation with the director, and the counties, and the metropolitan council, may develop guidelines for applicants to use to identify ways to meet the goals in subdivision 1.

If, by January 1, 1990, the rules required by subdivision 3 are not in at least final draft form, the agency shall report to the legislative commission on waste management on the status of current incinerator ash management programs with recommendations for specific legislation to meet the goals of subdivision 1.

Sec. 23. Minnesota Statutes 1994, section 115A.981, subdivision 3, is amended to read:

Subd. 3. [REPORT.] (a) The commissioner shall report to the legislative commission on waste management by July 1 of each odd-numbered year on the economic status and outlook of the state's solid waste management sector including an estimate of the extent to which prices for solid waste management paid by consumers reflect costs related to environmental and public health protection, including a discussion of how prices are publicly and privately subsidized and how identified costs of waste management are not reflected in the prices.

(b) In preparing the report, the commissioner shall:

(1) consult with the director; the metropolitan council; local government units; solid waste collectors, transporters, and processors; owners and operators of solid waste facilities; and other interested persons;

(2) consider and analyze information received under subdivision 2 and information available under section 115A.929; and

(3) analyze information gathered and comments received relating to the most recent solid waste management policy report prepared under section 115A.411.

The commissioner shall also recommend any legislation necessary to ensure adequate and reliable information needed for preparation of the report.

(c) The report must also include:

(1) statewide and facility by facility estimates of the total potential costs and liabilities associated with solid waste disposal facilities for closure and postclosure care, response costs under chapter 115B, and any other potential costs, liabilities, or financial responsibilities;

(2) statewide and facility by facility requirements for proof of financial responsibility under section 116.07, subdivision 4h, and how each facility is meeting those requirements.

Sec. 24. Minnesota Statutes 1994, section 473.149, subdivision 4, is amended to read:

Subd. 4. [ADVISORY COMMITTEE.] The council director shall establish an advisory committee to aid in the preparation of the policy plan, the performance of the council's director's responsibilities under subdivisions 2 to 2d and 2e, the review of county master plans and reports and applications for permits for waste facilities, under sections 473.151, and 473.801 to 473.823, and 473.831, and other duties determined by the council director. The committee shall consist of one-third citizen representatives, one-third representatives from metropolitan counties and municipalities, and one-third representatives from private waste management firms. A representative from the pollution control agency, one from the office of waste management established under section 115A.055, and one from the Minnesota health department shall serve as ex officio members of the committee.

Sec. 25. Minnesota Statutes 1994, section 473.151, is amended to read:

473.151 [DISCLOSURE.]

For the purpose of the rules, plans, and reports required or authorized by sections 473.149, 473.516, 473.801 to 473.823 and this section, each generator of hazardous waste and each owner or operator of a collection service or waste facility annually shall make the following information available to the agency, council, office of environmental assistance, and metropolitan counties: a schedule of rates and charges in effect or proposed for a collection service or the processing of waste delivered to a waste facility and a description, in aggregate amounts indicating the general character of the solid and hazardous waste collection and processing system, of the types and the quantity, by types, of waste generated, collected, or processed. The county, council, office, and agency shall act in accordance with the provisions of section 116.075, subdivision 2, with respect to information for which confidentiality is claimed.

Sec. 26. Minnesota Statutes 1994, section 473.516, subdivision 2, is amended to read:

Subd. 2. [GENERAL REQUIREMENTS.] With respect to its activities under this section, the council shall be subject to and comply with the applicable provisions of this chapter. Property acquired by the council under this section shall be subject to the provisions of section 473.545. Any site or facility owned or operated for or by the council shall conform to the policy plan adopted by the council under section 473.149. The council shall contract with private persons for the construction, maintenance, and operation of waste facilities, subject to the bidding requirements of section 473.523, where the facilities are adequate and available for use and competitive with other means of providing the same service.

Sec. 27. Minnesota Statutes 1994, section 473.801, subdivision 1, is amended to read:

Subdivision 1. [TERMS.] For the purposes of sections 473.801 to 473.845 and Laws 1985, chapter 274, section 45 473.849, the terms defined in this section have the meanings given them.

Sec. 28. Minnesota Statutes 1994, section 473.801, is amended by adding a subdivision to read:

Subd. 5. [DIRECTOR.] "Director" means the director of the office of environmental assistance.

Sec. 29. Minnesota Statutes 1994, section 473.801, is amended by adding a subdivision to read:

Subd. 6. [OFFICE.] "Office" means the office of environmental assistance.

Sec. 30. Minnesota Statutes 1994, section 473.8011, is amended to read:

473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.]

By December 31, 1993, the metropolitan council, each metropolitan agency as defined in section 473.121, and the metropolitan mosquito control district established in section 473.702 shall recycle at least 40 percent by weight of the solid waste generated by their offices or other operations. The council director shall provide information and technical assistance to the council, agencies, and the district to implement effective recycling programs.

By August 1 of each year, the council, each agency, and the district shall submit to the office of waste management a report for the previous fiscal year describing recycling rates, specified by the county in which the council, agency, or operation is located, and progress toward meeting the recycling goal. The office shall incorporate the recycling rates reported in the respective county's recycling rates for the previous fiscal year.

If the goal is not met, the council, agency, or district must include in its 1994 report reasons for not meeting the goal and a plan for meeting it in the future.

Sec. 31. Minnesota Statutes 1994, section 473.803, subdivision 1, is amended to read:

Subdivision 1. [COUNTY MASTER PLANS; GENERAL REQUIREMENTS.] Each metropolitan county, following adoption or revision of the council's solid waste metropolitan policy plan and in accordance with the dates specified therein, and after consultation with all affected local government units, shall prepare and submit to the council for its the director for approval, a county solid waste master plan to implement the policy plan. The master plan shall be revised and resubmitted at such times as the council's metropolitan policy plan may require. The master plan shall describe county solid waste activities, functions, and facilities; the existing system of solid waste generation, collection, and processing, and disposal within the county; proposed mechanisms for complying with the recycling requirements of section 115A.551, and the household hazardous waste management requirements of section 115A.96, subdivision 6; existing and proposed county and municipal ordinances and license and permit requirements relating to solid waste facilities and solid waste generation, collection, and processing, and disposal; existing or proposed municipal, county, or private solid waste facilities and collection services within the county together with schedules of existing rates and charges to users and statements as to the extent to which such facilities and services will or may be used to implement the policy plan; and any solid waste facility which the county owns or plans to acquire, construct, or improve together with statements as to the planned method, estimated cost and time of acquisition, proposed procedures for operation and maintenance of each facility; an estimate of the annual cost of operation and maintenance of each facility; an estimate of the annual gross revenues which will be received from the operation of each facility; and a proposal for the use of each facility after it is no longer needed or usable as a waste facility. The master plan shall, to the extent practicable and consistent with the achievement of other public policies and purposes, encourage ownership and operation of solid waste facilities by private industry. For solid waste facilities owned or operated by public agencies or supported primarily by public funds or obligations issued by a public agency, the master plan shall contain criteria and standards to protect comparable private and public facilities already existing in the area from displacement unless the displacement is required in order to achieve the waste management objectives identified in the plan.

Sec. 32. Minnesota Statutes 1994, section 473.803, subdivision 2a, is amended to read:

Subd. 2a. [WASTE ABATEMENT.] The council director may require any county that fails to meet the waste abatement objectives contained in the council's metropolitan policy plan to amend its master plan to address methods to achieve the objectives. The master plan amendment is subject to council review and approval as provided in subdivision 2 and must consider at least:

(1) minimum recycling service levels for solid waste generators;

(2) mandatory generator participation in recycling programs including separation of recyclable material from mixed municipal solid waste;

(3) use of organized solid waste collection under section 115A.94; and

(4) waste abatement participation incentives including provision of storage bins, weekly collection of recyclable material, expansion of the types of recyclable material for collection, collection of recyclable material on the same day as collection of solid waste, and financial incentives such as basing charges to generators for waste collection services on the volume of waste generated and discounting collection charges for generators who separate recyclable material for collection separate from their solid waste.

Sec. 33. Minnesota Statutes 1994, section 473.803, subdivision 5, is amended to read:

Subd. 5. [ROLE OF PRIVATE SECTOR; COUNTY OVERSIGHT.] A county may include in its solid waste management master plan and in its plan for county land disposal abatement a determination that the private sector will achieve, either in part or in whole, the goals and requirements of sections 473.149 and 473.803, as long as the county:

(1) retains active oversight over the efforts of the private sector and monitors performance to ensure compliance with the law and the goals and standards of in the council and the county as expressed in the metropolitan solid waste management policy plan and the county master plan;

(2) continues to meet its responsibilities under the law for ensuring proper waste management, including, at a minimum, enforcing waste management law, providing waste education, promoting waste reduction, and providing its residents the opportunity to recycle waste materials; and

(3) continues to provide all required reports on the county's progress in meeting the waste management goals and standards of this chapter and chapter 115A.

Sec. 34. Minnesota Statutes 1994, section 473.804, is amended to read:

473.804 [HOUSEHOLD HAZARDOUS WASTE MANAGEMENT.]

By June 30, 1992, each metropolitan county shall develop and implement a permanent program to manage household hazardous waste. Each program must include at least quarterly collection of wastes. Each program must be consistent with the council's metropolitan policy plan and must be described as part of each county's solid waste master plan revision as required under section 473.803, subdivision 1.

Sec. 35. Minnesota Statutes 1994, section 473.811, subdivision 1, is amended to read:

Subdivision 1. [COUNTY ACQUISITION OF FACILITIES.] To accomplish the purpose specified in section 473.803, each metropolitan county may acquire by purchase, lease, gift or condemnation as provided by law, upon such terms and conditions as it shall determine, including contracts for deed and conditional sales contracts, solid waste facilities or properties or easements for solid waste facilities which are in accordance with rules adopted by the agency, the policy plan adopted by the council and the approved county master plan as approved by the council, and may improve or construct improvements on any property or facility so acquired. No metropolitan city, county or town shall own or operate a hazardous waste facility, except a facility to manage household hazardous waste. Each metropolitan county is authorized to levy a tax in anticipation of need for expenditure for the acquisition and betterment of solid waste facilities. If a tax is levied in anticipation of need, the purpose must be specified in a resolution of the county directing that the levy and the proceeds of the tax may be used only for that purpose. Until so used, the proceeds shall be retained in a separate fund or invested in the same manner as surplus in a sinking fund may be invested under section 475.66. The right of condemnation shall be exercised in accordance with chapter 117.

For the purposes of this section "solid waste facility" includes a facility to manage household hazardous waste.

Sec. 36. Minnesota Statutes 1994, section 473.811, subdivision 4a, is amended to read:

Subd. 4a. [ORDINANCES; GENERAL CONDITIONS; RESTRICTIONS; APPLICATION.] Ordinances of counties and local government units related to or affecting waste management shall embody plans, policies, rules, standards and requirements adopted by any state agency authorized to manage or plan for or regulate the management of waste and the waste management plans adopted by the council under section 473.149 and shall be consistent with approved county master plans approved by the council. Except as provided in this subdivision, a county may establish and operate or contract for the establishment or operation of a solid waste disposal facility without complying with local ordinances if the council director certifies need under section 473.823, subdivision 6. With the approval of the council director, local government units may impose and enforce reasonable conditions respecting the construction, operation, inspection, monitoring, and maintenance of the disposal facilities. No local government unit shall prevent the establishment or operation of any solid waste facility in accordance with the council's director's decision under section 473.823, subdivision 5, except that, with the approval of the council director, the local government unit may impose reasonable conditions respecting the construction, inspection, monitoring, and maintenance of a facility.

Sec. 37. Minnesota Statutes 1994, section 473.811, subdivision 5, is amended to read:

Subd. 5. [ORDINANCES; SOLID WASTE COLLECTION AND TRANSPORTATION.] (a) Each metropolitan county may adopt ordinances governing the collection of solid waste. A county may adopt, but may not be required to adopt, an ordinance that requires the separation from mixed municipal waste, by generators before collection, of materials that can readily be separated for use or reuse as substitutes for raw materials or for transformation into a usable soil amendment.

(b) Each local unit of government within the metropolitan area shall adopt an ordinance governing the collection of solid waste within its boundaries. If the county within which it is located has adopted a collection ordinance, the local unit shall adopt either the county ordinance by reference or a more strict ordinance. If the county within which it is located has adopted a separation ordinance, the ordinance applies in all local units within the county that have failed to meet the local abatement performance standards, as stated in the most recent annual county report.

(c) Ordinances of counties and local government units may establish reasonable conditions respecting but shall not prevent the transportation of solid waste by a licensed collector through and between counties and local units, except as required for the enforcement of any designation of a facility by a county under chapter 115A or for enforcement of the prohibition on disposal of unprocessed mixed municipal solid waste under sections 473.848 and 473.849.

(d) A licensed collector or a metropolitan county or local government unit may request review by the council director of an ordinance adopted under this subdivision. The council director shall approve or disapprove the ordinance within 60 days of the submission of a request for review. The ordinance shall remain in effect unless it is disapproved.

(e) Ordinances of counties and local units of government:

(1) shall provide for the enforcement of any designation of facilities by the counties under chapter 115A;

(2) may require waste collectors and transporters to deliver unprocessed mixed municipal waste generated in the county to processing facilities; and

(3) may prohibit waste collectors and transporters from delivering unprocessed mixed municipal solid waste generated in the county to disposal facilities for final disposal.

(f) Nothing in this subdivision limits the authority of the local government unit to regulate and license collectors of solid waste or to require review or approval by the council director for ordinances regulating collection.

Sec. 38. Minnesota Statutes 1994, section 473.811, subdivision 7, is amended to read:

Subd. 7. [JOINT ACTION.] Any local governmental unit or metropolitan agency may act together with any county, city, or town within or without the metropolitan area, or with the pollution control agency or the office of waste management under the provisions of section 471.59 or any other appropriate law providing for joint or cooperative action between government units, to accomplish any purpose specified in sections 473.149, 473.151, 473.801 to 473.823, 473.834, 116.05 and 115A.06.

Any agreement regarding data processing services relating to the generation, management, identification, labeling, classification, storage, collection, treatment, transportation, processing or disposal of waste and entered into pursuant to section 471.59, or other law authorizing joint or cooperative action may provide that any party to the agreement may agree to defend, indemnify and hold harmless any other party to the agreement providing the services, including its employees, officers or volunteers, against any judgments, expenses, reasonable attorney's fees and amounts paid in settlement actually and reasonably incurred in connection with any third party claim or demand arising out of an alleged act or omission by a party to the agreement, its employees, officers or volunteers occurring in connection with any exchange, retention, storage or processing of data, information or records required by the agreement. Any liability incurred by a party to an agreement under this subdivision shall be subject to the limitations set forth in section 3.736 or 466.04.

Sec. 39. Minnesota Statutes 1994, section 473.811, subdivision 8, is amended to read:

Subd. 8. [COUNTY SALE OR LEASE.] Each metropolitan county may sell or lease any facilities or property or property rights previously used or acquired to accomplish the purposes specified by sections 473.149, 473.151, 473.801

to 473.823, and 473.834. Such property may be sold in the manner provided by section 469.065, or may be sold in the manner and on the terms and conditions determined by the county board. Each metropolitan county may convey to or permit the use of any such property by a local government unit, with or without compensation, without submitting the matter to the voters of the county. No real property or property rights acquired pursuant to this section, may be disposed of in any manner unless and until the county shall have submitted to the agency and the metropolitan council director for review and comment the terms on and the use for which the property will be disposed of. The agency and the council director shall review and comment on the proposed disposition within 60 days after each has received the data relating thereto from the county.

Sec. 40. Minnesota Statutes 1994, section 473.813, subdivision 2, is amended to read:

Subd. 2. Before a city, county, or town enters into any contract pursuant to subdivision 1 for a period of more than five years, the city, county, or town shall submit the proposed contract and a description of the proposed activities under the contract to the council director for review and approval. The council director shall approve the proposed contract if it the director determines that the contract is consistent with the council's metropolitan policy plan, permits issued under section 473.823, and county reports or approved master plans approved by the council. The council director may consolidate its the review of contracts submitted under this section with its the review of related permit applications submitted under section 473.823 and for this purpose may delay the review required by this section.

Sec. 41. Minnesota Statutes 1994, section 473.823, subdivision 3, is amended to read:

Subd. 3. [SOLID WASTE FACILITIES; REVIEW PROCEDURES.] (a) The agency shall request applicants for solid waste facility permits to submit all information deemed relevant by the council to its director for review, including without limitation information relating to the geographic areas and population served, the need, the effect on existing facilities and services, the effectiveness of proposed buffer areas to ensure, at a minimum, protection of surrounding land uses from adverse or incompatible impacts due to landfill operation and related activities, the anticipated public cost and benefit, the anticipated rates and charges, the manner of financing, the effect on metropolitan plans and development programs, the supply of waste, anticipated markets for any product, and alternative means of disposal or energy production.

(b) A permit may not be issued for the operation of a solid waste facility in the metropolitan area which is not in accordance with the metropolitan council's solid waste policy plan. The metropolitan council director shall determine whether a permit is in accordance with the policy plan. In making its this determination, the council director shall consider the areawide need and benefit of the applicant facility and the effectiveness of proposed buffer areas to adequately protect surrounding land uses in accordance with its the policy plan, and may consider, without limitation, the effect of the applicant facility on existing and planned solid waste facilities.

(c) If the council director determines that a permit is in accordance with its the policy plan, the council director shall approve the permit. If the council director determines that a permit is not in accordance with its the policy plan, it the director shall disapprove the permit. The council's Approval of permits may be subject to conditions the director determines are necessary to satisfy criteria and standards in its the policy plan, including conditions respecting the type, character, and quantities of waste to be processed at a solid waste facility used primarily for resource recovery and the geographic territory from which a resource recovery facility or transfer station serving such a facility may draw its waste.

(d) For the purpose of this review and approval by the council, the agency shall send a copy of each permit application and any supporting information furnished by the applicant to the metropolitan council director within 15 days after receipt of the application and all other information requested from the applicant. Within 60 days after the application and supporting information are received by the council director, unless a time extension is authorized by the agency, the council director shall issue to the agency in writing its a determination whether the permit is disapproved, approved, or approved with conditions. If the council director does not issue its a determination to the agency within the 60-day period, unless a time extension is authorized by the agency, the permit shall be deemed to be in accordance with the council's policy plan.

(e) A permit may not be issued in the metropolitan area for a solid waste facility used primarily for resource recovery or a transfer station serving the facility, if the facility or station is owned or operated by a public agency or if the acquisition or betterment of the facility or station is secured by public funds or obligations issued by a public agency, unless the council director finds and determines that adequate markets exist for the products recovered and that establishment of the facility is consistent with the criteria and standards in the metropolitan and county plans respecting the protection of existing resource recovery facilities and transfer stations serving such facilities.

Sec. 42. Minnesota Statutes 1994, section 473.823, subdivision 5, is amended to read:

Subd. 5. [REVIEW OF WASTE PROCESSING FACILITIES.] (a) A metropolitan county may establish a waste processing facility within the county without complying with local ordinances, if the action is approved by the council director in accordance with the review process established by this subdivision. A county requesting review by the council shall show that:

(1) the required permits for the proposed facility have been or will be issued by the agency;

(2) the facility is consistent with the council's metropolitan policy plan and the approved county master plan; and

(3) a local government unit has refused to approve the establishment or operation of the facility, has failed to deny or approve establishment or operation of the facility within the time period required in section 115A.31, or has approved the application or request with conditions that are unreasonable or impossible for the county to meet.

(b) The council director shall meet to commence the review within 90 days of the submission of a request determined by the council director to satisfy the requirements for review under this subdivision. At the meeting Upon commencing the review the chair director shall recommend and the council establish a scope and procedure, including criteria, for its the review and final decision on the proposed facility. The procedure shall require the council director to make a final decision on the proposed facility within 120 days following the commencement of review. For facilities other than waste incineration and mixed municipal solid waste composting facilities, the council director shall meet to commence the review within 45 days of submission of the request and shall make a final decision within 75 days following commencement of review.

(c) The council director shall conduct at least one public hearing in the city or town within which the proposed facility would be located. Notice of the hearing shall be published in a newspaper or newspapers of general circulation in the area for two successive weeks ending at least 15 days before the date of the hearing. The notice shall describe the proposed facility, its location, the proposed permits, and the council's scope, procedure, and criteria for review. The notice shall identify a location or locations within the local government unit and county where the permit applications and the council's scope, procedure, and criteria for review are available for review and where copies may be obtained.

(d) In its the review and final decision on the proposed facility, the council director shall consider at least the following matters:

(1) the risk and effect of the proposed facility on local residents, units of government, and the local public health, safety, and welfare, and the degree to which the risk or effect may be alleviated;

(2) the consistency of the proposed facility with, and its effect on, existing and planned local land use and development; local laws, ordinances, and permits; and local public facilities and services;

(3) the adverse effects of the facility on agriculture and natural resources and opportunities to mitigate or eliminate such adverse effects by additional stipulations, conditions, and requirements respecting the design and operation of the proposed facility at the proposed site;

(4) the need for the proposed facility and the availability of alternative sites;

(5) the consistency of the proposed facility with the county master plan adopted pursuant to section 473.803 and the council's policy plan adopted pursuant to section 473.149; and

(6) transportation facilities and distance to points of waste generation.

(e) In its final decision in the review, The council director may either approve or disapprove the proposed facility at the proposed site. The council's approval shall embody all terms, conditions, and requirements of the permitting state agencies, provided that the council director may require more stringent permit terms, conditions, and requirements respecting the design, construction, operation, inspection, monitoring, and maintenance of the proposed facility at the proposed site.

Sec. 43. Minnesota Statutes 1994, section 473.823, subdivision 6, is amended to read:

Subd. 6. [COUNCIL; CERTIFICATION OF NEED.] No new mixed municipal solid waste disposal facility or capacity shall be permitted in the metropolitan area without a certificate of need issued by the council director indicating the council's a determination that the additional disposal capacity planned for the facility is needed in the

metropolitan area. The council director shall amend its the policy plan, adopted pursuant to section 473.149, to include standards and procedures for certifying need that conform to the certification standards stated in this subdivision. The standards and procedures shall be based on the council's metropolitan disposal abatement plan adopted pursuant to section 473.149, subdivision 2d, the council's solid waste disposal facilities development schedule adopted under section 473.149, subdivision 2e, and the provisions of any master plans of counties that have been approved by the council under section 473.803, subdivision 2, and that are consistent with the council's abatement plan and development schedule. The council director shall certify need only to the extent that there are no feasible and prudent alternatives to the disposal facility, including waste reduction, source separation and resource recovery which would minimize adverse impact upon natural resources. Alternatives that are speculative or conjectural shall not be deemed to be feasible and prudent. Economic considerations alone shall not justify the certification of need or the rejection of alternatives.

Sec. 44. Minnesota Statutes 1994, section 473.844, subdivision 1a, is amended to read:

Subd. 1a. [USE OF FUNDS.] (a) The money in the account may be spent only for the following purposes:

(1) assistance to any person for resource recovery projects funded under subdivision 4 or projects to develop and coordinate markets for reusable or recyclable waste materials, including related public education, planning, and technical assistance;

(2) grants to counties under section 473.8441;

(3) program administration by the metropolitan council;

(4) public education on solid waste reduction and recycling;

(5) solid waste research; and

(6) grants to multicounty groups for regionwide planning for solid waste management system operations and use of management capacity.

(b) The council director shall allocate at least 50 percent of the annual revenue received by the account for grants to counties under section 473.8441.

Sec. 45. Minnesota Statutes 1994, section 473.844, subdivision 4, is amended to read:

Subd. 4. [RESOURCE RECOVERY GRANTS AND LOANS.] The grant and loan program under this subdivision is administered by the metropolitan council director. Grants and loans may be made to any person for resource recovery projects. The grants and loans may include the cost of planning, acquisition of land and equipment, and capital improvements. Grants and loans for planning may not exceed 50 percent of the planning costs. Grants and loans for acquisition of land and equipment and for capital improvements may not exceed 50 percent of the cost of the project. Grants and loans may be made for public education on the need for the resource recovery projects. A grant or loan for land, equipment, or capital improvements may not be made until the metropolitan council director has determined the total estimated capital cost of the project and ascertained that full financing of the project is assured. Grants and loans made to cities, counties, or solid waste management districts must be for projects that are in conformance with approved master plans. A grant or loan to a city or town must be reviewed and approved by the county for conformance with the county master plan. The council director shall require, where practical, cooperative purchase between cities, counties, and districts of capital equipment.

Sec. 46. Minnesota Statutes 1994, section 473.8441, subdivision 2, is amended to read:

Subd. 2. [PROGRAM.] The council director shall encourage the development of permanent local recycling programs throughout the metropolitan area. By January 1, 1988, the council shall develop performance indicators for local recycling that will measure the availability and use of recycling throughout the metropolitan area. The council director shall make grants to qualifying metropolitan counties as provided in this section.

Sec. 47. Minnesota Statutes 1994, section 473.8441, subdivision 4, is amended to read:

Subd. 4. [GRANT CONDITIONS.] The council director shall administer grants so that the following conditions are met:

(a) A county must apply for a grant in the manner determined by the council director. The application must describe the activities for which the grant will be used.

(b) The activities funded must be consistent with the council's metropolitan policy plan and the county master plan.

(c) A grant must be matched by equal county expenditures for the activities for which the grant is made.

(d) All grant funds must be used for new activities or to enhance or increase the effectiveness of existing activities in the county.

(e) Counties shall provide support to maintain effective municipal recycling where it is already established.

Sec. 48. Minnesota Statutes 1994, section 473.8441, subdivision 5, is amended to read:

Subd. 5. [GRANT ALLOCATION PROCEDURE.] (a) The council director shall distribute the funds annually so that each qualifying county receives an equal share of 50 percent of the council's allocation to the program described in this section, plus a proportionate share of the remaining funds available for the program. A county's proportionate share is an amount that has the same proportion to the total remaining funds as the number of households in the county has to the total number of households in all metropolitan counties.

(b) To qualify for distribution of funds, a county, by April 1 of each year, must submit for council to the director for approval a report on expenditures and activities under the program during the preceding fiscal year and any proposed changes in its recycling implementation strategy or performance funding system. The report shall be included in the county report required by section 473.803, subdivision 3.

Sec. 49. Minnesota Statutes 1994, section 473.845, subdivision 4, is amended to read:

Subd. 4. [EXPENDITURE NOTIFICATION.] The commissioner shall notify the chair director of the office and the director of the legislative commission on waste management before making expenditures from the fund.

Sec. 50. [APPLICATION.]

Sections 24 to 49 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 51. [INSTRUCTION TO REVISOR.]

The revisor shall substitute the term "office of environmental assistance" for the term "office of waste management" in Minnesota Statutes, sections 15A.081, 41A.066, 43A.08, 115B.20, 116.07, 116.101, 116.99, and 477A.012.

Sec. 52. [REPEALER.]

Minnesota Statutes 1994, sections 115A.81, subdivision 3; 115A.90, subdivision 3; 383D.71, subdivision 2; 473.149, subdivision 5; and 473.181, subdivision 4, are repealed.

Sec. 53. [EFFECTIVE DATE.]

Sections 1 to 50 and 52 are effective on the day following final enactment."

Amend the title as follows:

Page 1, line 8, after "1;" insert "115A.03, by adding a subdivision;"

Page 1, line 22, delete the second "subdivision" and insert "subdivisions"

Page 1, line 23, after "4j" insert "and 10"

Page 1, line 29, after "1" insert ", and by adding a subdivision"

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

The report was adopted.

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

H. F. No. 677, A bill for an act relating to insurance; regulating coverages, notice provisions, enforcement provisions, fees, licensees; making technical changes; amending Minnesota Statutes 1994, sections 60A.06, subdivision 3; 60A.085; 60A.111, subdivision 2; 60A.124; 60A.23, subdivision 8; 60A.26; 60A.951, subdivision 2; 60K.03, subdivision 7; 60K.14, subdivision 1; 61A.03, subdivision 1; 61A.071; 61A.092, subdivisions 3 and 6; 61B.28, subdivisions 8 and 9; 62A.042; 62A.135; 62A.136; 62A.141; 62A.146; 62A.148; 62A.17, subdivision 1; 62A.20, subdivision 1; 62A.21, subdivision 2a; 62A.31, subdivisions 1h and 1i; 62A.46, subdivision 2, and by adding a subdivision; 62A.48, subdivisions 1 and 2; 62A.50, subdivision 3; 62C.14, subdivision 14; 62C.142, subdivision 2a; 62D.101, subdivision 2a; 62E.02, subdivision 7; 62F.02, subdivision 2; 62I.09, subdivision 2; 62L.02, subdivision 16; 62L.03, subdivision 5; 65A.01, by adding a subdivision; 65B.06, subdivision 3; 65B.08, subdivision 1; 65B.09, subdivision 1; 65B.10, subdivision 3; 65B.61, subdivision 1; 72A.20, by adding a subdivision; 72B.05; 79.251, subdivision 5, and by adding a subdivision; 79A.01, by adding a subdivision; 79A.02, subdivision 4; 79A.03, by adding a subdivision; 176.181, subdivision 2; 299F.053, subdivision 2; and 515A.3-112; proposing coding for new law in Minnesota Statutes, chapter 62A; repealing Minnesota Statutes 1994, section 65B.07, subdivision 5.

Reported the same back with the following amendments:

Page 2, line 27, after "replaced" insert ", or if the insurer has reasonable evidence to indicate that it will be replaced,"

Page 6, delete lines 9 and 10

Page 6, after line 33, insert:

"Sec. 8. Minnesota Statutes 1994, section 60A.951, subdivision 5, is amended to read:

Subd. 5. [INSURER.] "Insurer" means insurance company, risk retention group as defined in section 60E.02, service plan corporation as defined in section 62C.02, health maintenance organization as defined in section 62D.02, integrated service network as defined in section 62N.02, fraternal benefit society regulated under chapter 64B, township mutual company regulated under chapter 67A, joint self-insurance plan or multiple employer trust regulated under chapter 60F, 62H, or section 471.617, subdivision 2, and persons administering a self-insurance plan as defined in section 60A.23, subdivision 8, clause (2), paragraphs (a) and (d), and the workers' compensation reinsurance association established in section 79.34.

Sec. 9. Minnesota Statutes 1994, section 60A.954, subdivision 1, is amended to read:

Subdivision 1. [ESTABLISHMENT.] An insurer shall institute, implement, and maintain an antifraud plan. For the purpose of this section, the term insurer does not include reinsurers, the workers' compensation reinsurance association, self-insurers, and excess insurers. Within 30 days after instituting or modifying an antifraud plan, the insurer shall notify the commissioner in writing. The notice must include the name of the person responsible for administering the plan. An antifraud plan shall establish procedures to:

(1) prevent insurance fraud, including: internal fraud involving the insurer's officers, employees, or agents; fraud resulting from misrepresentations on applications for insurance; and claims fraud;

(2) report insurance fraud to appropriate law enforcement authorities; and

(3) cooperate with the prosecution of insurance fraud cases.

Sec. 10. Minnesota Statutes 1994, section 60A.955, is amended to read:

60A.955 [CLAIM FORMS TO CONTAIN FRAUD WARNING.]

All insurance claim forms issued by an insurer for use in submitting a claim for payment or a claim for any other benefit pursuant to a policy shall clearly contain a warning substantially as follows: "A person who submits an application or files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime." An insurer may comply with this section by including the warning on an addendum attached to the application or claim form. The absence of the required warning does not constitute a defense in a prosecution for a violation of chapter 609 or any other chapter of Minnesota Statutes."

Page 17, after line 36, insert:

"Sec. 21. Minnesota Statutes 1994, section 62A.10, is amended to read:

62A.10 [GROUP INSURANCE.]

Subdivision 1. [REQUIREMENTS.] Group accident and health insurance is hereby declared to be that form of accident and health insurance covering may be issued to cover groups of not less than two employees nor less than ten members, and which may include the employee's or member's dependents, consisting of husband, wife, children, and actual dependents residing in the household, written under a. The master policy may be issued to any governmental corporation, unit, agency, or department thereof, or to any corporation, copartnership, individual, employer, or to any association as defined by section 60A.02, subdivision 1a, where officers, members, employees, or classes or divisions thereof, may be insured for their individual benefit.

Subd. 2. [GROUP ACCIDENTAL DEATH AND GROUP DISABILITY INCOME POLICIES.] Group accidental death insurance and group disability income insurance policies may be issued in connection with first real estate mortgage loans to cover groups of not less than ten debtors of a creditor written under a master policy issued to a creditor to insure its debtors in connection with first real estate mortgage loans, in amounts not to exceed the actual or scheduled amount of their indebtedness. No other accident and health coverages may be issued in connection with first real estate mortgage loans on a group basis to a debtor-creditor group.

Subd. 3. [AUTHORITY TO ISSUE.] Any insurer authorized to write accident and health insurance in this state shall have power to issue group accident and health policies.

Subd. 4. [POLICY FORMS.] No policy of group accident and health insurance may be issued or delivered in this state unless the same has been approved by the commissioner in accordance with section 62A.02, subdivisions 1 to 6. These forms shall contain the standard provisions relating and applicable to health and accident insurance and shall conform with the other requirements of law relating to the contents and terms of policies of accident and sickness insurance in so far as they may be applicable to group accident and health insurance, and also the following provisions:

(1) [ENTIRE CONTRACT.] A provision that the policy and the application of the creditor, employer, or executive officer or trustee of any association, and the individual applications, if any, of the debtors, employees, or members, insured, shall constitute the entire contract between the parties, and that all statements made by the creditor, employer, or any executive officer or trustee in on behalf of the group to be insured, shall, in the absence of fraud, be deemed representations and not warranties, and that no such statement shall be used in defense to a claim under the policy, unless it is contained in the written application;

(2) [MASTER POLICY-CERTIFICATES.] A provision that the insurer will issue a master policy to the creditor, employer, or to the executive officer or trustee of the association; and the insurer shall also issue to the creditor, the employer, or to the executive officer or trustee of the association, for delivery to the debtor, employee, or member, who is insured under the policy, an individual certificate setting forth a statement as to the insurance protection to which the debtor, employee, or member is entitled and to whom payable, together with a statement as to when and where the master policy, or a copy thereof, may be seen for inspection by the individual insured; this. The individual certificate may contain the names of, and insure the dependents of, the employee, or member, as provided for herein;

(3) [NEW INSUREDS.] A provision that to the group or class thereof originally insured may be added, from time to time, all new employees of the employer or, members of the association, or debtors of the creditor eligible to and applying for insurance in that group or class and covered or to be covered by the master policy.

(4) [CONVERSION PRIVILEGE.] In the case of accidental death insurance and disability income insurance issued to debtors of a creditor, the policy must contain a conversion privilege permitting an insured debtor to convert, without evidence of insurability, to an individual policy within 30 days of the date the insured debtor's group coverage is terminated, and not replaced with other group coverage, for any reason other than nonpayment of premiums. The individual policy must provide the same amount of insurance and be subject to the same terms and conditions as the group policy and the initial premium for the individual policy must be the same premium the insured debtor was paying under the group policy. This provision does not apply to a group policy which provides that the certificate holder may, upon termination of coverage under the group policy for any reason other than nonpayment of premium, retain coverage provided under the group policy by paying premiums directly to the insurer."

Page 21, line 22, delete "an"

Page 21, delete line 23

Page 21, line 24, delete "and is"

Page 21, delete lines 25 to 29

Page 22, after line 1, insert:

"Sec. 24. Minnesota Statutes 1994, section 62A.14, is amended to read:

62A.14 [HANDICAPPED CHILDREN.]

Subdivision 1. [INDIVIDUAL FAMILY POLICIES.] An individual hospital or medical expense insurance policy delivered or issued for delivery in this state more than 120 days after May 16, 1969, or an individual health maintenance contract delivered or issued for delivery in this state after August 1, 1984, which provides that coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children specified in the policy or contract shall also provide in substance that attainment of such limiting age shall not operate to terminate the coverage of such child while the child is and continues to be both (a) incapable of self-sustaining employment by reason of mental retardation, mental illness, or physical handicap and (b) chiefly dependent upon the policyholder for support and maintenance, provided proof of such incapacity and dependency is furnished to the insurer or health maintenance organization by the policyholder or enrollee within 31 days of the child's attainment of the limiting age and subsequently as may be required by the insurer or organization but not more frequently than annually after the two-year period following the child's attainment of the limiting age.

Subd. 2. [GROUP POLICIES.] A group hospital or medical expense insurance policy delivered or issued for delivery in this state more than 120 days after May 16, 1969, or a group health maintenance contract delivered or issued for delivery in this state after August 1, 1984, which provides that coverage of a dependent child of an employee or other member of the covered group shall terminate upon attainment of the limiting age for dependent children specified in the policy or contract shall also provide in substance that attainment of such limiting age shall not operate to terminate the coverage of such child while the child is and continues to be both (a) incapable of self-sustaining employment by reason of mental retardation, mental illness, or physical handicap and (b) chiefly dependent upon the employee or member for support and maintenance, provided proof of such incapacity and dependency is furnished to the insurer or organization by the employee or member within 31 days of the child's attainment of the limiting age and subsequently as may be required by the insurer or organization but not more frequently than annually after the two-year period following the child's attainment of the limiting age."

Page 22, line 13, after "retardation" insert ", mental illness,"

Page 28, line 8, delete "visit" and insert "day"

Page 28, line 11, delete "each visit" and insert "that period"

Page 31, after line 27, insert:

"Sec. 38. Minnesota Statutes 1994, section 62C.14, subdivision 5, is amended to read:

Subd. 5. [HANDICAPPED DEPENDENTS.] A subscriber's individual contract or any group contract delivered or issued for delivery in this state and providing that coverage of a dependent child of the subscriber or a dependent child of a covered group member shall terminate upon attainment of a specified age shall also provide in substance that attainment of that age shall not terminate coverage while the child is (a) incapable of self-sustaining employment by reason of mental retardation, mental illness, or physical handicap, and (b) chiefly dependent upon the subscriber or employee for support and maintenance, provided proof of incapacity and dependency is furnished by the subscriber within 31 days of attainment of the age, and subsequently as required by the corporation, but not more frequently than annually after a two year period following attainment of the age."

Page 34, line 30, strike everything after the period

Page 34, strike lines 31 to 33

Page 34, line 34, strike everything before "Any"

Page 39, line 10, delete "and the" and insert ", either directly or through its" and after "agent" insert a comma

Page 39, after line 12, insert:

"In the case of group insurance marketed on a direct response basis without the use of direct agent contact, this subdivision is satisfied if the insurer has reasonable grounds to believe that the insurance offered is generally suitable for the group to whom the offer is made."

Page 41, after line 3, insert:

"Sec. 57. Minnesota Statutes 1994, section 79.34, subdivision 2, is amended to read:

Subd. 2. [LOSSES; RETENTION LIMITS.] The reinsurance association shall provide and each member shall accept indemnification for 100 percent of the amount of ultimate loss sustained in each loss occurrence relating to one or more claims arising out of a single compensable event, including aggregate losses related to a single event or occurrence which constitutes a single loss occurrence, under chapter 176 on and after October 1, 1979, in excess of $300,000 or $100,000 a low, a high, or a super retention limit, at the option of the member. In case of occupational disease causing disablement on and after October 1, 1979, each person suffering disablement due to occupational disease is considered to be involved in a separate loss occurrence. The lower retention limit shall be increased to the nearest $10,000, on January 1, 1982 and on each January 1 thereafter by the percentage increase in the statewide average weekly wage, as determined in accordance with section 176.011, subdivision 20. On January 1, 1982 and on each January 1 thereafter, the higher retention limit shall be increased by the amount necessary to retain a $200,000 difference between the two retention limits. On January 1, 1995, the lower retention limit is $250,000, which shall also be known as the 1995 base retention limit. On each January 1 thereafter, the cumulative annual percentage changes in the statewide average weekly wage after October 1, 1994, as determined in accordance with section 176.011, subdivision 20, shall first be multiplied by the 1995 base retention limit, the result of which shall then be added to the 1995 base retention limit. The resulting figure shall be rounded to the nearest $10,000, yielding the low retention limit for that year, provided that the low retention limit shall not be reduced in any year. The high retention limit shall be two times the low retention limit and shall be adjusted when the low retention limit is adjusted. The super retention limit shall be four times the low retention limit and shall be adjusted when the low retention limit is adjusted. Ultimate loss as used in this section means the actual loss amount which a member is obligated to pay and which is paid by the member for workers' compensation benefits payable under chapter 176 and shall not include claim expenses, assessments, damages or penalties. For losses incurred on or after January 1, 1979, any amounts paid by a member pursuant to sections 176.183, 176.221, 176.225, and 176.82 shall not be included in ultimate loss and shall not be indemnified by the reinsurance association. A loss is incurred by the reinsurance association on the date on which the accident or other compensable event giving rise to the loss occurs, and a member is liable for a loss up to its retention limit in effect at the time that the loss was incurred, except that members which are determined by the reinsurance association to be controlled by or under common control with another member, and which are liable for claims from one or more employees entitled to compensation for a single compensable event, including aggregate losses relating to a single loss occurrence, may aggregate their losses and obtain indemnification from the reinsurance association for the aggregate losses in excess of the higher highest retention limit selected by any of the members in effect at the time the loss was incurred. Each member is liable for payment of its ultimate loss and shall be entitled to indemnification from the reinsurance association for the ultimate loss in excess of the member's retention limit in effect at the time of the loss occurrence.

A member that chooses the higher high or super retention limit shall retain the liability for all losses below the higher chosen retention limit itself and shall not transfer the liability to any other entity or reinsure or otherwise contract for reimbursement or indemnification for losses below its retention limit, except in the following cases: (a) when the reinsurance or contract is with another member which, directly or indirectly, through one or more intermediaries, control or are controlled by or are under common control with the member; (b) when the reinsurance or contract provides for reimbursement or indemnification of a member if and only if the total of all claims which the member pays or incurs, but which are not reimbursable or subject to indemnification by the reinsurance association for a given period of time, exceeds a dollar value or percentage of premium written or earned and stated in the reinsurance agreement or contract; (c) when the reinsurance or contract is a pooling arrangement with other insurers where liability of the member to pay claims pursuant to chapter 176 is incidental to participation in the pool and not as a result of providing workers' compensation insurance to employers on a direct basis under chapter 176; (d) when the reinsurance or contract is limited to all the claims of a specific insured of a member which are reimbursed or indemnified by a reinsurer which, directly or indirectly, through one or more intermediaries, controls or is controlled

by or is under common control with the insured of the member so long as any subsequent contract or reinsurance of the reinsurer relating to the claims of the insured of a member is not inconsistent with the bases of exception provided under clauses (a), (b) and (c); or (e) when the reinsurance or contract is limited to all claims of a specific self-insurer member which are reimbursed or indemnified by a reinsurer which, directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with the self-insurer member so long as any subsequent contract or reinsurance of the reinsurer relating to the claims of the self-insurer member are not inconsistent with the bases for exception provided under clauses (a), (b) and (c).

Whenever it appears to the commissioner of labor and industry that any member that chooses the higher high or super retention limit has participated in the transfer of liability to any other entity or reinsured or otherwise contracted for reimbursement or indemnification of losses below its retention limit in a manner inconsistent with the bases for exception provided under clauses (a), (b), (c), (d), and (e), the commissioner may, after giving notice and an opportunity to be heard, order the member to pay to the state of Minnesota an amount not to exceed twice the difference between the reinsurance premium for the higher and lower high or super retention limit, as appropriate, and the low retention limit applicable to the member for each year in which the prohibited reinsurance or contract was in effect. Any member subject to this penalty provision shall continue to be bound by its selection of the higher high or super retention limit for purposes of membership in the reinsurance association.

Sec. 58. Minnesota Statutes 1994, section 79.35, is amended to read:

79.35 [DUTIES; RESPONSIBILITIES; POWERS.]

The reinsurance association shall do the following on behalf of its members:

(a) Assume 100 percent of the liability as provided in section 79.34;

(b) Establish procedures by which members shall promptly report to the reinsurance association each claim which, on the basis of the injury sustained, may reasonably be anticipated to involve liability to the reinsurance association if the member is held liable under chapter 176. Solely for the purpose of reporting claims, the member shall in all instances consider itself legally liable for the injury. The member shall advise the reinsurance association of subsequent developments likely to materially affect the interest of the reinsurance association in the claim;

(c) Maintain relevant loss and expense data relative to all liabilities of the reinsurance association and require each member to furnish statistics in connection with liabilities of the reinsurance association at the times and in the form and detail as may be required by the plan of operation;

(d) Calculate and charge to members a total premium sufficient to cover the expected liability which the reinsurance association will incur in excess of the higher retention limit but less than the prefunded limit, together with incurred or estimated to be incurred operating and administrative expenses for the period to which this premium applies and actual claim payments to be made by members, during the period to which this premium applies, for claims in excess of the prefunded limit in effect at the time the loss was incurred. Each member shall be charged a premium established by the board as sufficient to cover the reinsurance association's incurred liabilities and expenses between the member's selected retention limit and the prefunded limit. The prefunded limit shall be $2,500,000 on and after October 1, 1979, provided that the prefunded limit shall be increased on January 1, 1983 and on each January 1 thereafter by the percentage increase in the statewide average weekly wage, to the nearest $100,000, as determined in accordance with section 176.011, subdivision 20 times the lower retention limit established in section 79.34, subdivision 2. Each member shall be charged a proportion of the total premium calculated for its selected retention limit in an amount equal to its proportion of the exposure base of all members during the period to which the reinsurance association premium will apply. The exposure base shall be determined by the board and is subject to the approval of the commissioner of labor and industry. In determining the exposure base, the board shall consider, among other things, equity, administrative convenience, records maintained by members, amenability to audit, and degree of risk refinement. Each member exercising the lower retention option shall also be charged a premium established by the board as sufficient to cover incurred or estimated to be incurred claims for the liability the reinsurance association is likely to incur between the lower and higher retention limits for the period to which the premium applies. Each member shall also be charged a premium determined by the board to equitably distribute excess or deficient premiums from previous periods including any excess or deficient premiums resulting from a retroactive change in the prefunded limit. The premiums charged to members shall not be unfairly discriminatory as defined in section 79.074. All premiums shall be approved by the commissioner of labor and industry;

(e) Require and accept the payment of premiums from members of the reinsurance association;

(f) Receive and distribute all sums required by the operation of the reinsurance association;

(g) Establish procedures for reviewing claims procedures and practices of members of the reinsurance association. If the claims procedures or practices of a member are considered inadequate to properly service the liabilities of the reinsurance association, the reinsurance association may undertake, or may contract with another person, including another member, to adjust or assist in the adjustment of claims which create a potential liability to the association. The reinsurance association may charge the cost of the adjustment under this paragraph to the member, except that any penalties or interest incurred under sections 176.183, 176.221, 176.225, and 176.82 as a result of actions by the reinsurance association after it has undertaken adjustment of the claim shall not be charged to the member but shall be included in the ultimate loss and listed as a separate item; and

(h) Provide each member of the reinsurance association with an annual report of the operations of the reinsurance association in a form the board of directors may specify."

Page 42, line 3, delete "shall" and insert "may be required to"

Page 48, after line 30, insert:

"Sec. 65. [REPORT ON MANDATED INSURANCE DISCLOSURES AND NOTICES.]

The commissioner of commerce shall report to the legislature by February 1, 1996, on the status of insurance disclosures and notices that are required by law to be distributed with insurance applications, marketing materials, or claim forms. The report shall include recommendations on the disclosures or notices that are no longer necessary and a recommendation for consolidation of all legally required disclosures or notices on a single disclosure form."

Page 48, delete lines 35 and 36

Page 49, delete lines 1 and 2, and insert:

"Sections 1 to 7, 11, 14 to 16, 18, 20, 22, 23, 26 to 37, 39 to 44, 46 to 48, 51, 53 to 56, 59 to 63, and 66 are effective the day following final enactment.

Section 45 is effective January 1, 1995.

Sections 12, 57, and 58 are effective January 1, 1996.

Sections 24, 25, and 38 are effective January 1, 1996, and apply to coverage issued or renewed on or after that date."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 7, delete "subdivision 2" and insert "subdivisions 2 and 5; 60A.954, subdivision 1; 60A.955"

Page 1, line 10, after the second semicolon, insert "62A.10;" and after the fourth semicolon, insert "62A.14;"

Page 1, line 15, delete the second "subdivision" and insert "subdivisions 5 and"

Page 1, line 24, after the first semicolon, insert "79.34, subdivision 2; 79.35;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 702, A bill for an act relating to traffic regulations; allowing school authorities to appoint nonpupil adults to school safety patrols; amending Minnesota Statutes 1994, section 126.15, subdivision 2.

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

The report was adopted.

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

H. F. No. 713, A bill for an act relating to pollution control; permitting local governments to exercise certain feedlot regulatory authority; amending Minnesota Statutes 1994, section 116.07, subdivision 7.

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

The report was adopted.

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

H. F. No. 715, A bill for an act relating to towns; providing for damage award to affected property owner when town board adopts a recorded town road map; amending Minnesota Statutes 1994, section 164.35, subdivision 4.

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

The report was adopted.

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

H. F. No. 823, A bill for an act relating to local government; authorizing Hennepin county to lease hospital or nursing home facilities under certain conditions; proposing coding for new law in Minnesota Statutes, chapter 383B.

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

The report was adopted.

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

H. F. No. 838, A bill for an act relating to Olmstead county; authorizing the county to create a nonprofit corporation to own and operate a hospital and medical center; providing the county board with related powers and duties.

Reported the same back with the following amendments:

Page 1, line 7, delete "OLMSTEAD" and insert "OLMSTED"

Page 1, lines 11 and 13, delete "Olmstead" and insert "Olmsted"

Page 2, line 9, delete "BILLS" and insert "BIDS"

Page 3, line 10, delete "Olmstead" and insert "Olmsted"

Amend the title as follows:

Page 1, line 2, delete "Olmstead" and insert "Olmsted"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 859, A bill for an act relating to the city of Minneapolis; authorizing the city to determine the method for the sale of unclaimed property; repealing Laws 1919, chapter 396.

Reported the same back with the following amendments:

Page 1, line 10, after "private sale" insert "through a nonprofit organization"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 866, A bill for an act relating to local government; authorizing home rule charter and statutory cities to make grants to nonprofit community food shelves; proposing coding for new law in Minnesota Statutes, chapter 465.

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 868, A bill for an act relating to education; providing for a report on child assessment and case management procedures used by the education and human services systems.

Reported the same back with the following amendments:

Page 1, line 8, after "current" insert "programs,"

Page 1, line 14, after "practices" insert "and on ways to eliminate any duplication of services and programs"

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

The report was adopted.

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

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

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 168.012, is amended by adding a subdivision to read:

Subd. 5a. [VEHICLES USED FOR TESTING.] Motor vehicles operated for testing under section 168.25 are not subject to registration taxes under this chapter.

Sec. 2. [168.25] [VEHICLES USED FOR TESTING.]

Subdivision 1. [PLATES.] The registrar shall on request issue to a first-stage manufacturer of motor vehicles one or more manufacturer test plates that display a general distinguishing number. The fee for each of the first four plates is $40 per calendar year, of which $25 must be paid to the registrar and the remaining $15 is payable as sales tax on motor vehicles under section 297B.035. For each additional plate, the manufacturer shall pay the registrar a fee of $10 and a tax on motor vehicles under section 297B.035 of $15 per calendar year. The registrar shall deposit the tax in the state treasury to be credited under section 297B.09.

Subd. 2. [PERMITTED USES.] A motor vehicle owned by a first-stage manufacturer and bearing the number plate issued under subdivision 1 may be operated on public streets and highways by the manufacturer or an employee or agent of the manufacturer, for the purpose of conducting specialized cold weather testing, and for transportation to and from a bona fide cold weather testing station.

Sec. 3. [297B.0351] [MANUFACTURER'S TESTING VEHICLES.]

Except as provided in section 168.25, a vehicle purchased by a first-stage motor vehicle manufacturer and licensed under that section is exempt from the provisions of this chapter.

Sec. 4. [EFFECTIVE DATE.]

Sections 1 to 3 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to motor vehicles; providing for registration fee and tax for license plates issued for manufacturer's vehicles used for cold weather testing purposes; amending Minnesota Statutes 1994, section 168.012, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 168; and 297B."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. Nos. 108, 413, 595, 677, 702, 715, 823, 838, 859, 866 and 971 were read for the second time.

The following House Files were introduced:

Kinkel introduced:

H. F. No. 1261, A bill for an act relating to traffic regulations; prohibiting certain barriers across roads, driveways, and trails; imposing a penalty; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Olson, E.; Peterson; Anderson, R., and Johnson, V., introduced:

H. F. No. 1262, A bill for an act relating to property rights; establishing procedures governing entry of private property by government officials; requiring notice; proposing coding for new law in Minnesota Statutes, chapter 566.

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

Macklin, Lourey, Murphy and Tompkins introduced:

H. F. No. 1263, A bill for an act relating to children's supervised visitation facilities; amending Minnesota Statutes 1994, sections 256F.09, subdivisions 1, 2, 3, and by adding a subdivision; and 517.08, subdivisions 1b and 1c; repealing Minnesota Statutes 1994, section 256F.09, subdivision 4.

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

Entenza introduced:

H. F. No. 1264, A bill for an act relating to drivers' licenses; providing for suspension of a driver's license for failure to pay child support; appropriating money; amending Minnesota Statutes 1994, sections 518.551, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 171.

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

Sviggum introduced:

H. F. No. 1265, A bill for an act relating to state government; authorizing the office of strategic and long-range planning to monitor requests by local units of government for waivers of rules and statutes; authorizing the legislative audit commission to monitor requests by local units of government to combine; abolishing the board of government innovation and cooperation; proposing coding for new law in Minnesota Statutes, chapters 3; and 15; repealing Minnesota Statutes 1994, sections 465.795; 465.796; 465.797; 465.798; 465.799; 465.801; 465.802; 465.81; 465.82; 465.83; 465.84; 465.85; 465.86; and 465.87.

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

Koppendrayer introduced:

H. F. No. 1266, A bill for an act relating to financing of government of this state; reducing 1995 appropriations; providing supplemental 1995 appropriations for certain purposes.

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

Osskopp; Swenson, H., and Wenzel introduced:

H. F. No. 1267, A bill for an act relating to agriculture; providing for uniformity with certain federal food standards; amending Minnesota Statutes 1994, section 31.101, subdivision 9, and by adding subdivisions.

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

Solberg and Tomassoni introduced:

H. F. No. 1268, A bill for an act relating to recreational vehicles; regulating operation of snowmobiles to conform to certain standard for motor vehicles; amending Minnesota Statutes 1994, section 84.87, subdivision 2.

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

Long and Wagenius introduced:

H. F. No. 1269, A bill for an act relating to metropolitan government; creating a contaminated site cleanup loan program within the metropolitan council; levying taxes; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Tunheim and Finseth introduced:

H. F. No. 1270, A bill for an act relating to flood control; appropriating money to the commissioner of natural resources; establishing a legislative task force to investigate funding mechanisms for interstate flood control projects along the Red River of the North and its tributaries.

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

Long, Smith and Pugh introduced:

H. F. No. 1271, A bill for an act relating to civil actions; providing for the survival of actions for personal injury after the death of the injured person; proposing coding for new law in Minnesota Statutes, chapter 573; repealing Minnesota Statutes 1994, section 573.01.

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

Carlson introduced:

H. F. No. 1272, A bill for an act relating to retirement; Minneapolis teachers retirement fund association; authorizing purchase of prior service by former Minneapolis teacher.

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

Hausman and Trimble introduced:

H. F. No. 1273, A bill for an act relating to taxation; providing for property taxation for certain wind energy conversion systems; permitting the recovery through rates of certain payments; amending Minnesota Statutes 1994, sections 216B.16, by adding a subdivision; 272.02, subdivision 1; and 273.37, by adding a subdivision.

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

Dawkins, Orenstein and Entenza introduced:

H. F. No. 1274, A bill for an act relating to cities; increasing home rule city charter commission expenses for first class cities; providing that home rule charter amendment ballots shall be drafted by the charter commission; clarifying the number of votes necessary to amend a home rule charter; amending Minnesota Statutes 1994, sections 410.06; and 410.12, subdivision 4.

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

Wolf introduced:

H. F. No. 1275, A bill for an act relating to the environment; requiring a disclaimer on certain advertisements and promotional materials relating to the motor vehicle inspection program; amending Minnesota Statutes 1994, section 116.62, by adding a subdivision.

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

Trimble introduced:

H. F. No. 1276, A bill for an act relating to natural resources; removing the limit on fees for permits to harvest aquatic plants; amending Minnesota Statutes 1994, section 103G.615, subdivision 2.

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

Hausman, Osthoff, Mariani, Krinkie and Broecker introduced:

H. F. No. 1277, A bill for an act relating to transportation; changing the county state-aid highway apportionment formula; modifying the composition of the county state-aid highway screening board; amending Minnesota Statutes 1994, section 162.07, subdivisions 1, 5, and 6; repealing Minnesota Statutes 1994, section 162.07, subdivisions 3 and 4.

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

Van Engen, Bradley, Vickerman, Jennings and Delmont introduced:

H. F. No. 1278, A bill for an act relating to employment; modifying provisions relating to rehabilitation programs and services; amending Minnesota Statutes 1994, sections 268A.01, subdivisions 4, 5, 6, 9, and 10; 268A.03; 268A.06, subdivision 1; 268A.07; 268A.08, subdivisions 1 and 2; and 268A.13; proposing coding for new law in Minnesota Statutes, chapter 268A; repealing Minnesota Statutes 1994, sections 268A.01, subdivisions 7, 11, and 12; and 268A.09.

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

Rest introduced:

H. F. No. 1279, A bill for an act relating to state parks; requiring a plan for handicapped access trails in state parks; amending Minnesota Statutes 1994, section 85.052, by adding a subdivision.

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

Milbert introduced:

H. F. No. 1280, A bill for an act relating to game and fish; penalties, all-terrain vehicle weight; reciprocal agreements; one-day fishing licenses; migratory game birds; fish house identification; amphibian and reptile rules; amending Minnesota Statutes 1994, sections 84.796; 84.92, subdivision 8; 97A.045, by adding a subdivision; 97A.401, subdivision 3; 97A.475, subdivisions 6 and 7; 97B.731, subdivision 1; 97C.355, subdivision 2; 97C.505, subdivision 4; and 97C.601, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 97C; repealing Minnesota Statutes 1994, sections 97C.605, subdivisions 3 and 4; 97C.611; and 97C.621.

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

Pugh, Tomassoni, Perlt, Sviggum and Dehler introduced:

H. F. No. 1281, A bill for an act relating to gambling; changing the pull-tab and tipboard tax; modifying the definition of lawful purpose in respect of compulsive gambling and real estate tax expenditures; increasing the number of bingo occasions an organization may hold in a week and clarifying the determination of bingo prizes; changing the term lawful gambling to nonprofit gambling; amending Minnesota Statutes 1994, sections 297E.02, subdivision 4; 297E.031, subdivisions 1 and 2; 349.12, subdivision 25; 349.166, subdivision 2; 349.17, subdivision 1; 349.191, subdivision 1a; and 349.211, subdivision 1; repealing Minnesota Statutes 1994, section 297E.17.

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

Carlson, Ness and Tomassoni introduced:

H. F. No. 1282, A bill for an act relating to education; modifying staff development revenue; appropriating money; amending Minnesota Statutes 1994, section 124A.29, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 124A.

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

Wagenius and Orfield introduced:

H. F. No. 1283, A bill for an act relating to alcoholic beverages; authorizing the Minneapolis city council to issue an on-sale wine license and an on-sale 3.2 percent malt liquor license to a restaurant.

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

Peterson, Winter and Solberg introduced:

H. F. No. 1284, A bill for an act relating to tax increment financing; authoring Swift county to establish a redevelopment tax increment financing district that is not subject to the state aid offset.

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

Lourey introduced:

H. F. No. 1285, A bill for an act relating to education; ITV grant for independent school district No. 95, Cromwell; amending Laws 1994, chapter 647, article 6, section 41, subdivision 8.

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

Onnen introduced:

H. F. No. 1286, A bill for an act relating to human services; adding to definition of base level funding; adding provisions for local children's mental health collaborative; changing provisions for integrated fund task force; requiring approval for a collaborative's integrated service system; adding provisions for liens; directing purchase of cost-effective coverage for AIDS patients; changing GAMC exemption for Indian health service facilities; establishing a medical assistance qualifying trust; defining institutionalized spouse; establishing a date for prohibited transfer of assets; establishing homestead exception to transfer prohibition; excluding organ transplant for medical assistance coverage for emergency medical treatment furnished to an alien; requiring notice to heirs; defining undue hardship; establishing demonstration projects for alternative integrated delivery systems for acute and long-term services to the elderly; amending Minnesota Statutes 1994, sections 245.492, subdivisions 2, 6, 9, and 23; 245.493, subdivision 2; 245.4932, subdivisions 1, 2, 3, and 4; 245.494, subdivisions 1 and 3; 245.495; 245.496, subdivision 3, and by adding a subdivision; 256.015, subdivisions 1 and 2; 256.9353, subdivision 8; 256.9365; 256.969, subdivisions 1, 10, 16, and 24; 256B.042, subdivision 2; 256B.056, subdivision 4, and by adding a subdivision; 256B.0575; 256B.059, subdivisions 1, 3, and 5; 256B.0595, subdivisions 1, 2, 3, and 4; 256B.06, subdivision 4; 256B.0625, subdivisions 5, 8, 8a, 13, 13a, 18, 37, and by adding a subdivision; 256B.0911, subdivision 2; 256B.0915, subdivision 2; 256B.15, subdivisions 1a, 2, and by adding a subdivision; 256B.49, subdivision 1; 256B.69, subdivision 4, and by adding a subdivision; 256D.03, subdivisions 3, 3b, and 4; and 256D.425, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 245; and 256B; repealing Minnesota Statutes 1994, section 256B.055, subdivision 12.

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

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

H. F. No. 1287, A bill for an act relating to retirement; Minnesota state retirement system; providing a retroactive exception to the earnings limitation for a certain reemployed annuitant.

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

Girard, Larsen and Brown introduced:

H. F. No. 1288, A bill for an act relating to local government; authorizing examinations of the accounts and records of counties by certified public accountants; amending Minnesota Statutes 1994, section 6.48.

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

Girard and Hugoson introduced:

H. F. No. 1289, A bill for an act relating to agriculture; changing the law limiting corporate farming; expanding the definition of authorized farm corporation; clarifying enforcement; amending Minnesota Statutes 1994, section 500.24, subdivisions 2, 3, and 5.

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

Delmont, Huntley, Farrell, Jefferson and Ozment introduced:

H. F. No. 1290, A bill for an act relating to telecommunications; regulating the 911 system; imposing requirements on private switch telephone service; imposing a civil penalty; amending Minnesota Statutes 1994, sections 403.02, by adding subdivisions; 403.04; and 403.09.

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

Anderson, B.; Koppendrayer; Olson, M.; Schumacher and Hackbarth introduced:

H. F. No. 1291, A bill for an act relating to local government; authorizing Sherburne county to convey certain county ditches to the city of Elk River under certain conditions.

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

Van Dellen, Dawkins, Krinkie and Ness introduced:

H. F. No. 1292, A bill for an act relating to occupations; residential contractors; changing the expiration date of provisions relating to St. Paul and Minneapolis contractors; amending Minnesota Statutes 1994, section 326.991, subdivision 1.

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

Mulder; Cooper; Greenfield; Anderson, R., and Van Engen introduced:

H. F. No. 1293, A bill for an act relating to health; requiring the commissioner of health to study the need for an alternative licensing model for rural hospitals; requiring the rural health advisory committee to study regulatory barriers to health care access and the provision of efficient care.

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

McGuire; Rhodes; Johnson, A., and Kelso introduced:

H. F. No. 1294, A bill for an act relating to commerce; requiring licensing of motor vehicle brokers; permitting a new motor vehicle dealer to contract for the services of a motor vehicle broker and to pay a fee for those services; amending Minnesota Statutes 1994, section 168.27, subdivisions 1, 10, and by adding a subdivision.

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

Ostrom, Rest, Onnen and Mulder introduced:

H. F. No. 1295, A bill for an act relating to alternative transportation fuels; eliminating alternative fuel vehicle permits and providing for refunds of fees paid for unused portions of permits; specifying excise taxes for certain gasoline and special fuel; amending Minnesota Statutes 1994, sections 216C.01, subdivisions 1a and 1b; 296.01, subdivisions 30, 34, and by adding subdivisions; 296.02, subdivisions 1, 1a, and 1b; 296.025, subdivisions 1, 1a, and by adding a subdivision; and 296.0261, by adding a subdivision; repealing Minnesota Statutes 1994, section 296.0261, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, and 9.

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

Ness, Solberg, Mares, Carlson and Johnson, A., introduced:

H. F. No. 1296, A bill for an act relating to education; providing funding for the assurance of mastery program; appropriating money.

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

Leighton; Davids; Johnson, V.; Bakk and Kalis introduced:

H. F. No. 1297, A bill for an act relating to capital improvements; appropriating money for the Shooting Star Trail; authorizing the sale of state bonds.

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

Macklin introduced:

H. F. No. 1298, A bill for an act relating to elections; recall of city officials; providing a process for recall of elected city officials; proposing coding for new law in Minnesota Statutes, chapter 205.

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

Huntley, Carlson, Wenzel, Peterson and Ness introduced:

H. F. No. 1299, A bill for an act relating to education; fully funding the secondary vocational education aid formula; appropriating money.

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

Bertram and Simoneau introduced:

H. F. No. 1300, A bill for an act relating to financial institutions; regulating mortgage prepayments; allowing written waivers of the right to prepay without penalty under certain circumstances; amending Minnesota Statutes 1994, section 47.20, subdivisions 5 and 10.

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

Rhodes introduced:

H. F. No. 1301, A bill for an act relating to health; providing an exception to the nursing home moratorium; amending Minnesota Statutes 1994, section 144A.071, subdivision 4a.

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

Finseth, Harder and Boudreau introduced:

H. F. No. 1302, A bill for an act relating to agriculture; changing the definition of "eligible person" for purposes of agricultural chemical response; amending Minnesota Statutes 1994, section 18E.02, subdivision 5.

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

Mariani introduced:

H. F. No. 1303, A bill for an act relating to bilingual communication services; requiring the Spanish-speaking affairs council and the council on Asian-Pacific Minnesotans to report on coordination with the department of administration; requiring all public agencies that deal directly with non-English-speaking people to provide information and services in the language of the non-English-speaking people; amending Minnesota Statutes 1994, sections 3.9223, subdivision 7; 3.9226, subdivision 7; and 15.441.

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

Finseth, Tunheim, Bakk, Pellow and Olson, E., introduced:

H. F. No. 1304, A bill for an act relating to state government; creating and empowering a natural resources board to direct and supervise the commissioner and department of natural resources; amending Minnesota Statutes 1994, section 84.01.

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

Osskopp and Ozment introduced:

H. F. No. 1305, A bill for an act relating to human services; downsizing certain facilities for persons with developmental disabilities.

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

Holsten and Bakk introduced:

H. F. No. 1306, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; affirming the right of citizens to hunt or take game and fish.

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

Ostrom introduced:

H. F. No. 1307, A bill for an act relating to game and fish; identification required on ice fishing shelters; amending Minnesota Statutes 1994, section 97C.355, subdivision 1.

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

McCollum, Simoneau, Delmont, Girard and Milbert introduced:

H. F. No. 1308, A bill for an act relating to insurance; automobile; permitting users of rental vehicles to benefit from lower price rental periods without losing coverage; amending Minnesota Statutes 1994, section 65B.49, subdivision 5a.

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

Pugh; Skoglund; Rukavina; Swenson, D., and Murphy introduced:

H. F. No. 1309, A bill for an act relating to courts; civil actions; modifying the requirements for an application to proceed in forma pauperis; allowing the court to dismiss an action for false allegations of poverty or if it is frivolous or malicious; providing for a hearing; providing for the payment of fees and costs by inmates; providing for the disposition of damages recovered by an inmate; requiring disciplinary rules on false claims or evidence by an inmate; amending Minnesota Statutes 1994, sections 243.23, subdivision 3; and 563.01, subdivision 3, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 243; 244; and 563.

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

Van Dellen introduced:

H. F. No. 1310, A bill for an act relating to state lands; authorizing public sale of certain state land that borders public water in Hennepin county.

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

Mariani introduced:

H. F. No. 1311, A bill for an act relating to education; eliminating the skills test for teachers; amending Minnesota Statutes 1994, sections 125.05, subdivision 1a; and 125.188, subdivision 1.

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

Mariani introduced:

H. F. No. 1312, A bill for an act relating to education; providing for programs to meet the educational and culturally related academic needs of people of Mexican origin; amending Minnesota Statutes 1994, section 126.70, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 126.

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

Davids and Sykora introduced:

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

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

Jefferson, Wejcman and Clark introduced:

H. F. No. 1314, A bill for an act relating to the environment; providing that local units of government may adopt ordinances relating to underground storage tanks that are more stringent than those of the state; amending Minnesota Statutes 1994, section 116.50.

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

McCollum; Anderson, I., and Dauner introduced:

H. F. No. 1315, A bill for an act relating to tax increment financing; authorizing the city of North St. Paul to extend the duration limit of a tax increment financing district.

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

Jennings, Koppendrayer, Holsten, Farrell and Milbert introduced:

H. F. No. 1316, A bill for an act relating to liquor; distilled spirits; regulating the standards of fill for distilled spirits; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

McElroy, Simoneau, Delmont and Osskopp introduced:

H. F. No. 1317, A bill for an act relating to human services; requiring the commissioner of human services to seek a waiver to permit AFDC payments to be made on behalf of children voluntarily placed in foster care by their minor mothers.

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

Garcia, Wolf, Molnau, Tomassoni and Perlt introduced:

H. F. No. 1318, A bill for an act relating to the state building code; requiring temporary restroom facilities at certain construction and engineering projects; establishing standards for temporary restroom facilities; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Mulder, McCollum, Hausman, Leighton and Haas introduced:

H. F. No. 1319, A bill for an act relating to health; establishing health risk values for pollutants in ambient air; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Leighton, Entenza, Orfield, Ozment and Haas introduced:

H. F. No. 1320, A bill for an act relating to the environment; establishing a private cause of action for abandonment of hazardous waste; proposing coding for new law in Minnesota Statutes, chapter 116.

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

Lourey, Greenfield, Ostrom, Dawkins and Bishop introduced:

H. F. No. 1321, A bill for an act relating to taxation; cigarette and other tobacco taxes; increasing the tax on cigarettes and other tobacco products and providing for indexing the rates; providing for the proceeds of the increased tax; amending Minnesota Statutes 1994, sections 297.02, subdivision 1; 297.03, subdivision 5; 297.13, subdivision 1; and 297.32, subdivisions 1, 2, and 9; proposing coding for new law in Minnesota Statutes, chapter 297.

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

Clark; Johnson, R., and Trimble introduced:

H. F. No. 1322, A bill for an act relating to economic security; funding and conditions of Minnesota Youthbuild grants; appropriating money.

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

Hausman and Garcia introduced:

H. F. No. 1323, A bill for an act relating to education; creating funding for school districts that offer year-round education; authorizing bonds; proposing coding for new law in Minnesota Statutes, chapters 120 and 124.

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

Winter; Johnson, R.; Murphy and McGuire introduced:

H. F. No. 1324, A bill for an act relating to workers' compensation; regulating the creation and operation of mutual employer self-insurance groups; proposing coding for new law as Minnesota Statutes, chapter 79B.

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

Tomassoni, Entenza and Mares introduced:

H. F. No. 1325, A bill for an act relating to education; extending the levy authorization for retired employee health benefits costs; equalizing the levy for certain qualifying districts; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124.

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

Skoglund introduced:

H. F. No. 1326, A bill for an act relating to data practices; providing for the classification and release of booking photographs; 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.

Garcia, Mahon and Clark introduced:

H. F. No. 1327, A bill for an act relating to the city of Richfield; authorizing the formation of nonprofit corporations for the purpose of owning low and moderate income housing developments.

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

Dehler; Dorn; Perlt; Olson, M., and Knoblach introduced:

H. F. No. 1328, A bill for an act relating to gambling; creating a special account for money received by the gambling control board as reimbursement for costs of testing pull-tab dispensing devices; appropriating money in the account to the board for that purpose; amending Minnesota Statutes 1994, section 349.151, subdivision 4b.

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

Dehler introduced:

H. F. No. 1329, A bill for an act relating to wild animals; authorizing use of hooks in taking turtles; amending Minnesota Statutes 1994, section 97C.605, subdivision 3.

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

Sviggum and Dorn introduced:

H. F. No. 1330, A bill for an act relating to retirement; teacher retirement plans; adjusting benefit coverage to account for certain extracurricular activity management compensation amounts; requiring rulemaking by the state board of education; amending Minnesota Statutes 1994, sections 354.05, by adding subdivisions; 354.07, by adding a subdivision; 354.44, subdivision 6; 354.46, subdivision 1; 354A.011, by adding subdivisions; 354A.021, by adding a subdivision; and 354A.31, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 121; 125; 354; and 354A.

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

Sviggum introduced:

H. F. No. 1331, A bill for an act relating to the financing of state government; authorizing the issuance of revenue bonds and the appropriation of bond proceeds to pay a judgment; appropriating net proceeds of the lottery and health care reimbursement revenues for payment of debt service; amending Minnesota Statutes 1994, sections 246.18, subdivision 4, and by adding subdivisions; and 349A.10, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

Cooper, Bertram, Peterson, Finseth and Harder introduced:

H. F. No. 1332, A bill for an act relating to agriculture; changing certain pesticide dealer requirements; changing expiration of pesticide applicator certifications; requiring consideration of passive bioremediation in certain cases; amending Minnesota Statutes 1994, sections 18B.31; 18B.36, subdivision 2; and 18D.105, subdivision 3a.

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

Kelley, Entenza, Hausman, Erhardt and Ozment introduced:

H. F. No. 1333, A bill for an act relating to utilities; regulating intervenor compensation in certain proceedings related to electric and gas service utilities; proposing coding for new law in Minnesota Statutes, chapter 216B; repealing Minnesota Statutes 1994, section 216B.16, subdivision 10.

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

Bertram, Tunheim, Ness, Weaver and Schumacher introduced:

H. F. No. 1334, A bill for an act relating to education; modifying the use of class-size reduction revenue; amending Minnesota Statutes 1994, section 124A.225, subdivisions 4 and 5.

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

Lynch introduced:

H. F. No. 1335, A bill for an act relating to health; requiring hearing aid dispensers to disclose certain information; proposing coding for new law in Minnesota Statutes, chapter 153A.

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

Otremba; Johnson, R., and Bertram introduced:

H. F. No. 1336, A bill for an act relating to retirement; waiving annuity reduction provisions for certain retired members of the teachers retirement association.

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

Clark, Lieder and Garcia introduced:

H. F. No. 1337, A bill for an act relating to taxation; exempting from motor vehicle sales tax a transfer without monetary consideration from one cosigner of a mortgage note for real property to all cosigners of that note; amending Minnesota Statutes 1994, section 297B.01, subdivision 7.

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

Rest introduced:

H. F. No. 1338, A bill for an act relating to partnerships; modifying name requirements; eliminating a filing requirement; clarifying when debts arise or accrue; amending Minnesota Statutes 1994, sections 319A.02, subdivision 7; 319A.07; 319A.08; 322B.12, subdivision 1; and 323.14, by adding a subdivision.

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

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 37, A bill for an act relating to local government; allowing either the town of Glen or the town of Kimberly in Aitkin county to have an alternate annual meeting day.

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

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 47, A bill for an act relating to solid waste; merging two conflicting amendments to the solid waste generator assessment statute that were enacted in 1994; correcting and clarifying terminology; amending Minnesota Statutes 1994, section 116.07, subdivision 10; repealing Laws 1994, chapter 510, article 6, section 1.

The Senate has appointed as such committee:

Messrs. Morse, Marty and Frederickson.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

Senate Concurrent Resolution No. 7, 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. 7 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 Wednesday, March 15, 1995, 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. 7 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 7 was adopted.

Mr. Speaker:

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

S. F. Nos. 145, 318 and 521.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 145, A bill for an act relating to motor vehicles; providing time limit for refunding motor vehicle registration tax overpayment; amending Minnesota Statutes 1994, section 168.16.

The bill was read for the first time.

Tompkins moved that S. F. No. 145 and H. F. No. 153, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 318, A bill for an act relating to insurance; changing the date on which crop hail insurance rates must be filed with the commissioner; amending Minnesota Statutes 1994, section 60A.32; repealing Minnesota Statutes 1994, section 70A.06, subdivision 5.

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

S. F. No. 521, A bill for an act relating to adoption; requiring the listing of all children freed for adoption on the state adoption exchange within 20 days; amending Minnesota Statutes 1994, section 259.75, subdivisions 1, 2, 3, 4, 5, 7, and by adding a subdivision.

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

Carruthers, for the Committee on Rules and Legislative Administration, offered the following report and moved its adoption:

Resolved, that the Permanent Rules of the House of Representatives for the 79th Session shall read as follows:

1.01 CONVENING OF THE HOUSE. Unless otherwise ordered, regular sessions of the House shall convene at two-thirty p.m. The Speaker shall take the chair at the hour at which the House convenes and the House shall then be called to order. A prayer shall be said by the Chaplain or time allowed for a brief meditation. Then, on the first legislative day in any calendar week, it shall be followed by the pledge of allegiance to the flag of the United States of America. Then a roll of members shall be called and the names of members present and members excused shall be entered in the Journal of the House.

1.02 READING OF THE JOURNAL. A quorum being present, the Journal of the preceding day shall be read by the Chief Clerk unless otherwise ordered. The House may correct any errors in the Journal of the preceding day.

1.03 ORDER OF BUSINESS. After the reading of the Journal, the order of business of the day shall be:

(1) Presentation of petitions or other communications.

(2) Reports of standing committees.

(3) Second reading of House bills.

(4) Second reading of Senate bills.

(5) Reports of select committees.

(6) Introduction and first reading of House bills.

(7) Consideration of messages from the Senate.

(8) First reading of Senate bills.

(9) Consent Calendar.

(10) Calendar for the day.

(11) General Orders.

(12) Motions and resolutions.

Conference committees on House bills and the Committee on Rules and Legislative Administration may report at any time except when the House is in the Committee of the Whole.

1.04 SECOND READING OF BILLS. Every bill shall require a second reading.

Except as otherwise ordered, every bill requiring the approval of the Governor shall, after a second reading, be considered in a Committee of the Whole before it shall be finally acted upon by the House.

1.05 COMMITTEE OF THE WHOLE. The Committee of the Whole is a committee of the entire membership of the House. The Speaker may appoint another member as chair to preside over the Committee of the Whole.

When the House arrives at the General Orders of the Day, it shall resolve itself into a Committee of the Whole to consider bills on General Orders.

A bill considered in the Committee of the Whole shall be reported and then debated by sections, with the title considered last. All amendments shall be typewritten and five copies shall be submitted to the Chair who shall report them to the House.

1.06 RULES TO APPLY TO COMMITTEE OF THE WHOLE. The Rules of the House shall be observed in the Committee of the Whole so far as may be applicable except that the previous question shall not be forced or speaking limited.

Upon demand of 15 members, the yeas and nays shall be called, the question voted on, and the yeas and nays recorded in the Journal of the House.

In the Committee of the Whole no amendment increasing the amount of any appropriation shall be passed without the yeas and nays recorded in the Journal of the House.

A motion that the Committee arise shall always be in order and shall be decided without debate.

1.07 GENERAL ORDERS OF THE DAY. The Chief Clerk at the direction of the Speaker shall prepare the General Orders of the Day, which is a list of all bills which have not been made Special Orders or placed on the Consent Calendar, numbered according to their order at second reading. Unless otherwise ordered by a majority of the Committee, items on General Orders shall be taken up in numerical order.

The Chief Clerk shall see that a copy of each bill printed under the Rules or Orders of the House is placed in each member's file, which is to be kept at the member's desk in the chamber, at least 24 hours before the bill shall be considered in the Committee of the Whole.

If a bill is progressed three times it shall be placed at the end of General Orders.

Except during the last five days in any year on which a bill may be passed, a bill amended in the Committee of the Whole shall not be given its third reading until it is engrossed and reproduced as amended.

1.08 THIRD READING OF BILLS. No amendment shall be received after the third reading without the unanimous consent of the House, except to fill blanks or to amend titles.

At any time prior to its passage any bill or resolution may be referred or re-referred by a majority vote of the whole House. If the committee, other than the Committee of the Whole, to which it was referred or re-referred reports an amendment on it, it shall again be given its second reading, considered in Committee of the Whole, given its third reading and placed upon its final passage.

1.09 SPECIAL ORDERS. A bill may be made the Order of the Day for a special time and be placed upon a separate list known as "Special Orders."

The Committee on Rules and Legislative Administration may by committee report designate as a Special Order any bill which has had its second reading.

Any member may move to make a bill a Special Order by giving notice at least two legislative days in advance of and specifying the day on which the member will so move. The notice shall include the number and title of the bill and the day and time certain for the Special Order. Only the member giving such notice, or another member designated in writing by the member who originally gave notice of the Special Order to the Speaker, may make the motion for the Special Order. A two-thirds vote of the whole House on such motion is required to make a bill a Special Order.

The time set for the motion may not be extended, and failure to make the motion on the specified day forfeits the right to make the motion.

A motion to make a bill a Special Order, when made according to the procedures herein prescribed, shall be a privileged motion, shall take precedence over all other motions except a motion to adjourn or to set the time to adjourn and questions of personal privilege, and may be made at any time on the day designated in the notice. A three-fourths vote of the whole House is required to suspend the motion.

Any Special Order, or any part of it, may be continued or postponed by two-thirds vote of the whole House at the time of such Special Order; however, a Special Order designated by the Committee on Rules and Legislative Administration may be continued or postponed by a majority vote of the whole House at the time of such Special Order. If a bill on Special Orders has been continued three times by the author or coauthor a motion for continuance shall not be in order and the bill shall be returned to General Orders.

When the time arrives for the consideration of any Special Order, the House shall consider each bill upon the Special Order in the order in which it is listed. After consideration it shall immediately be read the third time and placed upon final passage.

1.10 FINANCE AND REVENUE BILLS GIVEN PRECEDENCE. Any bill relating to taxes or raising revenue and any finance bill, which has had its second reading, shall be acted upon whenever requested by the Chair of the Committee on Ways and Means or by a designee of the Chair or, for any bill relating to taxes or raising revenue, by the Chair of the Committee on Taxes.

1.11 CONSENT CALENDAR. Any bill of a non-controversial nature for which the committee report recommends placement upon the Consent Calendar shall be given its second reading after the report is adopted and placed upon the Consent Calendar. The bill shall be printed and placed in the members' files at least one day before it can be considered. The bill shall be placed upon the Consent Calendar in the order in which it is given its second reading.

The Consent Calendar shall immediately precede the order of business known as "Calendar for the Day." Every bill on the Consent Calendar shall be debated, given its third reading and voted upon, provided, however, that at any time prior to third reading, ten members may object to any bill as being controversial. Any bill so objected to shall be stricken from the Consent Calendar and be immediately placed upon General Orders, taking its place in the usual order.

1.12 SUSPENSION OF RULES TO ADVANCE A BILL. Every bill shall be reported on three different days, except that in case of urgency, a two-thirds majority of the whole House may suspend this Rule. A motion for suspension of the Rules to advance a bill for consideration out of its regular order is in order under the order of business "Motions and Resolutions" or at any time the bill is before the House. The motion must be presented to the Speaker in writing and must state the present position of the bill.

1.13 MINORITY REPORTS. Any minority report shall be made separately from the majority report and shall be considered before the majority report. If the minority report is adopted the majority report shall not be considered. If the minority report is not adopted the majority report shall then be considered.

1.14 COMMITTEE REPORT LAID OVER. The report of any committee may be laid over one day and printed in the Journal, if so ordered by the House.

1.15 RECALLING BILL FROM COMMITTEE OR DIVISION. In regular session, except after the deadline for committee reports on bills originating in the House, any bill or resolution may be recalled from any committee or division at any time by majority vote of the whole House, be given a second reading and be advanced to General Orders. A motion to recall a bill or resolution shall be in order only under the order of business "Motions and Resolutions."

1.16 TIME LIMIT FOR CONSIDERATION OF BILLS. If 20 legislative days after a bill has been referred to committee or division (other than a bill in the Committee on Ways and Means, the Committee on Taxes or a division of the Committee on Taxes, a finance committee, or a finance division of a standing committee) no report has been made upon it by the committee or division, its chief author may request that it be returned to the House and the request shall be entered in the Journal for the day. The committee or division shall have ten calendar days thereafter in which to vote upon the bill requested. If the committee or division fails to vote upon it within the ten days, the chief author may, at any time within five calendar days thereafter, present a written demand to the Speaker for its immediate return to the House. The demand shall be entered in the Journal for that day and shall constitute the demand of the House. The bill shall then be considered to be in the possession of the House, given its second reading and placed at the end of General Orders.

Such bill is subject to re-reference by a majority vote of the whole House. If the motion to re-refer is made on the day of the demand or within one legislative day thereafter, the motion shall take precedence over all other motions except privileged motions and shall be in order at any time.

In regular session in 1993 1995 after Friday, May 7 May 5, and in 1994 1996 after April 15 ....., the House shall not act on bills other than those recommended by conference committee reports, the Committee on Rules and Legislative Administration, or the Committee on Ways and Means, and those bills contained in messages from the Senate or from the Governor.

1.17 DISPOSITION OF SENATE BILLS. Any Senate File received by the House, accompanied by a message announcing its passage by the Senate, shall be referred to the appropriate standing committee in accordance with Rule 5.05. However, if a Senate File is received which is stated by a member to be identical to a House File already reported by a standing committee of the House and placed on General Orders, Calendar, Consent Calendar, or Special Orders, the Senate File shall be referred to the Chief Clerk for comparison. If the Chief Clerk reports that the Senate File is identical with the House File, the Senate File may by majority vote be substituted for the House File and take its place. The fact that the bills are identical shall be entered in the Journal and the House File is then considered withdrawn.

Any Senate File which has been amended on the floor of the House, except at time of final passage, and any Senate File which has been reported to the House with amendments by a House standing committee, shall be unofficially engrossed and reprinted by the Chief Clerk. Amendments to unofficial engrossments of a Senate File may be offered.

1.18 RECORDED FLOOR PROCEEDINGS. All proceedings on the floor of the House shall be recorded on magnetic tape or similar recording device under the direction of the Chief Clerk. All taped proceedings of the House floor sessions shall be delivered to the Director of the Legislative Reference Library and there maintained on file for use by any member of the public in accordance with the rules of the Legislative Reference Library. Tapes delivered to the Legislative Reference Library shall be kept by the library for eight years after which they shall be delivered to the Director of the Minnesota Historical Society.

Any person may obtain a copy of any such tape during the biennium in which it is recorded upon payment of a fee determined by the Chief Clerk to be adequate to cover the cost of preparing the copy.

Discussion preserved under this rule is not intended to be admissible in any court or administrative proceeding on an issue of legislative intent.

1.19 QUESTION SESSIONS. The House may reserve time at occasions during the legislative session for the Governor to appear to answer questions from House members. Before each question session, the House shall notify the Governor of issues to be covered at that session. The Governor may bring staff to a question session to assist in answering questions.

2.01 AUTHORIZING ELECTRIC VOTING SYSTEM. Except for a vote upon elections, any vote may be taken by means of the electric voting system which shall be under the control of the Speaker of the House. No member may vote on a question except at the member's own seat in the chamber.

2.02 CALL OF THE HOUSE. Ten members may demand a call of the House at any time except after voting has commenced. When such call is demanded, the doors shall be closed, the roll shall be called, the absent members shall be sent for, and no member may be permitted to leave until the roll call is suspended or completed. During the roll call, no motion shall be in order except a motion pertaining to matters incidental to the call. Proceedings under the roll call may be suspended by a majority vote of the whole House. After the roll call is suspended or completed the Sergeant at Arms shall not permit any member to leave the Chamber unless excused by the Speaker. A call of the House may be lifted by a majority vote of the whole House.

2.03 DEMANDING YEAS AND NAYS. Yeas and nays shall be ordered without demand upon final passage of bills and upon adoption of resolutions or motions directing the payment of money. In all other cases the yeas and nays shall be ordered only upon demand of 15 members.

2.04 EXPLAINING OR CHANGING VOTE. No member shall be allowed to explain a vote or discuss the question while the yeas and nays are being taken, nor be allowed to change a vote after the yeas and nays have been announced from the chair by the Speaker.

2.05 EVERY UNEXCUSED MEMBER TO VOTE. Any member who is immediately interested in the question being voted on shall not vote.

Every other member present before a vote is declared from the chair shall vote for or against the matter before the House, unless the House excuses the member from voting. However, no member is required to vote on any matter concerning a resolution except for a resolution relating to the internal business of the House or the Legislature.

A member who declines to vote on a call of the member's name shall be required to state reasons for so declining. After the vote has been taken but before the chair has announced the vote, the chair shall submit to the House the question, "Shall the member, for the reasons stated, be excused from voting?" which shall be decided without debate. Any other proceedings in reference thereto shall take place after announcement of the vote.

3.01 AMENDMENTS AND OTHER MOTIONS. No amendment or other motion shall be debated until after it is stated by the Speaker.

After an amendment or other motion has been stated by the Speaker it is in possession of the House, but the mover may withdraw it at any time before amendment or decision. Unless a motion, resolution or amendment is withdrawn on the day it is made, it shall be entered in the Journal, together with the name of the member offering it.

The Speaker may require any amendment or other motion be typewritten and that five copies be given to the Chief Clerk.

3.02 PRECEDENCE OF MOTIONS. When a question is under consideration, no motion shall be received except the following, the first four of which shall be decided without debate:

(1) To fix the time of adjournment.

(2) To adjourn.

(3) To lay on the table.

(4) For the previous question.

(5) To refer.

(6) To postpone to a day certain.

(7) To amend.

(8) To postpone indefinitely.

(9) To pass.

The motions shall have precedence in the order listed. However, if the motion for the previous question has been seconded and the main question ordered, the motion to lay on the table shall not be in order.

3.03 MOTION TO ADJOURN. A motion to adjourn shall always be in order except during roll call.

When a motion to adjourn is made it shall be in order for the Speaker, before putting the question, to permit any member to state reasons which would seem to render adjournment improper at that time. Such a statement shall not be debatable and shall be limited to not over two minutes.

3.04 MOTION FOR RECONSIDERATION. When a question has been decided either in the affirmative or negative, it shall be in order for any member who voted with the prevailing side to move its reconsideration, provided that such motion is made either on the same day the vote was taken or within the following two days of actual session of the House. A motion for reconsideration can be made at any time in the Order of Business and shall take precedence over all other questions except the motion to adjourn and the notice of intention to move reconsideration. Such motion or notice shall not be in order if the document, bill, resolution, message, report or other official action on which the vote was taken shall have left the possession of the House.

When a member gives notice of intention to move reconsideration of the final action of the House on any bill, resolution, message, report or other official action, the Chief Clerk shall retain the same until after the matter is disposed of or the time has expired during which the motion for reconsideration can be made.

On the last day allowed for the motion to reconsider, it shall be in order for any member who voted on the prevailing side to make the motion, unless the matter has been already disposed of.

A motion for reconsideration having been voted upon and lost shall not be renewed.

In regular session in 1993 1995, notice of intention to move reconsideration shall not be in order after Monday, April 19 April 17.

In regular session in 1994 1996, notice of intention to move reconsideration shall not be in order after April 8 ......

3.05 ORDER OF PUTTING QUESTION. Except in the case of privileged questions, all questions, whether in committee or in the House, shall be put in the order in which they are moved. When filling blanks, a motion for the largest sum or the longest time shall be put first.

3.06 DIVISION OF A QUESTION. Any member may request the division of a question which contains several separate and distinct points. A motion to strike out and insert shall not be divisible. If a motion to strike out is lost it shall not preclude another motion to amend or to strike out and insert.

3.07 THE PREVIOUS QUESTION. The motion calling for the previous question must be seconded by 15 members. If the motion for the previous question is ordered by a majority of members present, it shall have the effect of cutting off all debate and bringing the House to direct vote upon the question or questions.

The previous question may be moved and ordered upon a single motion, a series of motions allowable under the Rules, or an amendment or amendments; or it may include all authorized motions or amendments, including a vote on final passage of a bill.

On a motion for the previous question, but prior to its being ordered, a call of the House shall be in order. After a majority has ordered the previous question, no call shall be in order prior to the decision on the main question.

When the previous question is decided in the negative, the main question remains under debate until disposed of by taking a vote either on the question or in some other manner.

All incidental questions of order arising after a motion is made for the previous question and prior to the vote on the main question shall be decided without debate.

3.08 AMENDMENTS TO AMENDMENTS. An amendment may be amended, but an amendment to an amendment may not be amended.

3.09 MOTIONS AND PROPOSITIONS TO BE GERMANE. No motion or proposition on a subject different from that under consideration shall be admitted under guise of its being an amendment.

3.10 AMENDMENT NOT TO ANNEX ANOTHER BILL. Except in a standing committee no bill or resolution shall at any time be amended by annexing or incorporating any other bill or resolution.

3.11 RESOLUTIONS AND MOTIONS INVOLVING EXPENDITURE OF MONEY. Any resolution or motion involving the expenditure of money out of the legislative expense fund shall be referred to the Committee on Rules and Legislative Administration before being acted upon by the House. A majority vote of the whole House, determined by a roll call, is required to pass any such resolution or motion.

3.12 AMENDMENTS TO APPROPRIATION AND TAX BILLS. No amendment increasing an appropriation and no amendment increasing a tax shall be declared passed until voted for by a majority of the whole House determined by a roll call vote.

3.13 MOTION TO LAY ON THE TABLE. A motion to lay on the table shall not be in order on a motion to amend, except that a motion to amend the Rules may be tabled.

3.14 MOTION TO RESCIND. The motion to rescind shall not be in order at any time in any proceeding in the House or in any committee of the House.

3.15 SUSPENSION OR AMENDMENT OF THE RULES. The concurrence of two-thirds of the whole House is required to suspend, alter, or amend any Rule of the House, except that any amendment to the Rules reported by the Committee on Rules and Legislative Administration may be adopted by a majority of the whole House.

Except as provided in Rule 1.12, a motion to suspend, alter, or amend any Rule of the House must be made under the order of business "Motions and Resolutions." If the motion is made at any other time, unanimous consent is required before the Speaker can entertain the motion.

A motion to suspend the Rules, together with the subject matter to which it pertains, is debatable, but the previous question may be applied to the motion.

4.01 ABSENCE OF MEMBERS AND OFFICERS. Unless illness or other sufficient cause prevents attendance, no member or officer of the House shall be absent from any session of the House without first having obtained from the Speaker permission to be absent.

4.02 DUTIES OF MEMBERS. Members shall keep their seats until the Speaker announces adjournment.

Every member, before speaking, shall rise and respectfully address the Speaker and shall not speak further until recognized by the Speaker. When two or more members rise at the same time, the Speaker shall designate the member to speak first.

4.03 QUESTIONS OF ORDER. If any member of the House transgresses the Rules, either in speaking or in any other way, the Speaker shall, or any member may, call the member to order. A member so called to order shall immediately sit down unless another member moves to permit the member who was called to order to explain. In either case, the House, if appealed to, shall decide without debate. Only if the decision is in favor of the member called to order shall that member be at liberty to proceed. A member called to order shall be liable to censure or such other punishment as the House may deem proper.

4.04 ORDER IN DEBATE. No member shall speak more than twice on the same subject without leave of the House, nor more than once until every other member wishing to speak on the pending question has had an opportunity to do so.

4.05 NOTICE OF INTENTION TO DEBATE A RESOLUTION. Any member may give notice of intention to debate a resolution. Such notice may be given at any time before the vote is taken on the resolution. If such notice is given, the resolution shall be laid over one day without debate or any other action.

4.06 OFFENSIVE WORDS IN DEBATE. If any member is called to order for offensive words in debate, the member calling for order shall report the words to which exception is taken and the Clerk shall record them. No member shall be held to answer or be subject to censure of the House for any language used in debate if exception is not taken before any other member has spoken or any other business has taken place.

4.07 ORDER DURING SESSION. No member shall walk out of or across the Chamber when the Speaker is putting the question. No member shall engage in private conversation while another member is speaking or pass between the speaking member and the Chair.

4.08 NO ONE TO REMAIN BY THE CHIEF CLERK'S DESK. No member or other person shall remain by the Chief Clerk's desk while the yeas and nays are being called.

4.09 WHO MAY BE ADMITTED TO THE FLOOR. No person shall be admitted within the House Chamber, except members themselves, properly authorized employees, the Chief Executive and ex-governors of the State of Minnesota, members of the Senate, heads of departments of the state government, judges of the Supreme Court, Court of Appeals, and District Courts, members of Congress, properly accredited representatives of radio and television stations, newspapers and press associations, as herein provided for, and none other. When a former member of Congress or the Minnesota Legislature or any other person is issued a permit by the Speaker good for the day, that person shall be provided with a seat near the Speaker's rostrum, and at no time shall a conversation be carried on so as to disturb the business of the House. Before issuing the permit, the Speaker shall make certain that the person does not seek the floor of the House for the purpose of influencing decisions of the House.

The alcoves shall be kept for the use of members only, and the Sergeant at Arms shall keep them cleared.

It shall not be in order for the Speaker to entertain a request for the suspension of this Rule, or to present from the Chair the request of any member for unanimous consent unless an extraordinary condition exists, in which event the Speaker may consent to entertain a motion for its suspension.

During the period extending from one hour prior to the time the House is scheduled to convene until one hour after the House adjourns for the day, the retiring room shall be reserved for the exclusive use of the members and employees of the House. No committee meetings shall be held therein except for emergency meetings authorized by the Speaker of the House. The Sergeant at Arms is charged with the duty of strict enforcement of this provision.

4.10 PRESENTATION OF PETITIONS. Any petition, memorial or other paper presented to the House shall include the name of the member introducing it and a brief description of its contents and shall be presented by the Speaker, who shall state briefly its contents.

4.11 NO SMOKING IN HOUSE CAPITOL AREA. Smoking is prohibited in areas of the Capitol and State Office Building under the jurisdiction of the House of Representatives, including the House Chamber and Retiring Room and galleries, hearing rooms, minor corridors and offices, except private offices, and a designated lounge lounges. After May 31, 1993, smoking is prohibited in private offices and the designated lounge.

4.12 CODE OF CONDUCT. The Committee on Rules and Legislative Administration, upon recommendation from the Committee on Ethics, shall establish and maintain a code of conduct for members, officers and employees of the House.

5.01 BILL AND RESOLUTION FORM. No bill or resolution shall be introduced until it has been examined and approved by the Revisor of Statutes as to form and compliance with the Joint Rules of the House and Senate and the Rules of the House. Approval as to form shall be endorsed on the bill or resolution by the Revisor of Statutes. A bill that is divided into articles may include or be accompanied by a table of contents.

5.02 INTRODUCTION OF BILLS AND RESOLUTIONS. A bill, advisory bill or resolution offered for introduction shall be placed in the hands of the Speaker at least 24 hours prior to the convening of the daily session. Every bill, advisory bill and resolution shall be introduced in quadruplicate and each copy shall contain the signature of the member or name of the committee introducing it. No bill, advisory bill, memorial or resolution shall have more than five authors. A statement of facts being forwarded for action to a governmental official, agency, or body or other similar proposal is a memorial and shall be introduced in the same form as a bill and take the same course as a bill. No resolution shall authorize the expenditure of monies from any source other than the legislative expense fund.

5.03 TIME LIMIT FOR INTRODUCTION OF BILLS. In regular session in 1994 , a bill, advisory bill, or resolution shall not be offered for introduction after .............. This rule does not apply to committee bills or to resolutions offered by the Committee on Rules and Legislative Administration.

In 1993 1995, a bill prepared by a department or agency of state government shall be introduced and given its first reading before March 15 by March 20. In 1994 1996, a bill prepared by a department or agency of state government shall be introduced and given its first reading before March 25 ......

5.04 ADVISORY BILLS. An advisory bill may be introduced by any member in the same manner as a bill except that the requirements of Rule 5.01 shall not apply.

Each advisory bill shall be typewritten on a form provided by the Chief Clerk. It shall have a title not exceeding 12 words in length and shall contain a specific proposal for the initiation, termination or alteration of a law or program of the state or any of its subdivisions. It need not be drafted in a form appropriate for enactment into law.

An advisory bill may be considered only in committee and shall not be given a second reading or be otherwise considered by the House, except that the committee may report its recommendation for re-referral to another committee.

5.05 FIRST READING AND REFERENCE OF BILLS. Each bill, advisory bill and resolution shall be reported and given its first reading upon its introduction. No bill, advisory bill or resolution shall be objected to upon its introduction.

Except as provided in Rule 1.17 and Rule 5.06 each bill, advisory bill or resolution shall, after first reading, be referred by the Speaker to the appropriate standing committee or division thereof.

Congratulatory resolutions are exempt from this rule and may be adopted by the Committee on Rules and Legislative Administration without further consideration by the House.

Except as otherwise provided in these Rules, after a bill, advisory bill or resolution has been referred by the Speaker, a majority vote of the whole House shall be required for a re-referral of the bill, advisory bill or resolution by the House.

5.06 COMMITTEE BILLS. A committee bill shall be read for the first time and may be referred by the Speaker to any standing committee. If it is not so referred, it shall be laid over one day. It shall then be read for the second time and placed upon General Orders, or, if recommended by the Committee, upon the Consent Calendar.

5.07 PRINTING OF BILLS. Every bill shall be printed after it has been given its second reading. A bill may be printed at any other time a majority of the House so orders.

5.08 FINANCE AND REVENUE BILLS. Any bill, whether originating in the House or Senate which directly and specifically affects any present or future financial obligation on the part of the State or which directly and specifically affects state revenues, after being reported to the House, shall be referred, or re-referred to the appropriate finance committee, standing committee with a finance division for consideration by the finance division, or the Committee on Taxes, for action. Once action has been taken by that committee, the bill shall be thereafter re-referred to the Committee on Ways and Means. A bill, other than a major revenue or finance bill referred to in Rule 5.12, which carries an appropriation shall include an appropriation section. This rule does not apply to a bill recommended for passage by the Committee on Capital Investment under Rule 5.09.

5.09 BILLS AFFECTING DEBT. The Committee on Capital Investment shall have jurisdiction over debt obligations issued by the State. A bill which authorizes the issuance of debt of the State shall be referred or re-referred to the Committee on Capital Investment.

The Chair of the Committee on Capital Investment shall assign to each finance committee or finance division of a standing committee the responsibility to develop a bill on state public debt within its jurisdiction. The bill shall be referred to the Committee on Capital Investment by Wednesday, April 6, 1994 ..... 1996, for further disposition.

A bill recommended for passage by the Committee on Capital Investment shall be accompanied by a statement of its fiscal impact and shall be referred to the Committee on Ways and Means for review and action by that committee.

5.10 BILLS AFFECTING STATE GOVERNMENT POWERS AND STRUCTURE. Any bill, whether originating in the House or the Senate, which creates or reestablishes any new department, agency, commission, board, task force, advisory committee or council, or bureau, or any other such entity, or which substantially changes or alters the organization of or delegates rulemaking authority to or exempts from rulemaking any department or agency thereof of state government, or substantially changes, alters, vests or divests official rights, powers, or duties of any official, department or agency of the state government or any institution under its control, after being reported to the House, shall be referred, or re-referred, as the case may be, to the Committee on Governmental Operations and Gambling for action by that committee. Prior to the deadline set by Rule 9.03, any committee other than the Committee on Governmental Operations and Gambling to which such bill is referred shall, in its report, recommend re-referral to the Committee on Governmental Operations and Gambling. After the deadline set by Rule 9.03, a report shall recommend re-referral to the Committee on Rules and Legislative Administration.

This rule does not apply to the omnibus bill on taxation or the omnibus finance bills for: capital investment; state government; health and housing; human services; K-12 education; higher education; economic development, infrastructure and regulation; judiciary; or environment and natural resources major finance and revenue bills referred to in Rule 5.12. But, if those bills contain provisions that would create, abolish, or reestablish a department, agency, commission, board, task force, advisory committee or council, or other such entity, then the chair of the Committee on Taxes or the chair of the appropriate finance committee or standing committee with a finance division, must communicate the inclusion of the provision to the chair of the Committee on Rules and Legislative Administration prior to consideration of the matter on the floor.

All other bills in finance committees or referred out of finance divisions of standing committees and bills in the Committee on Taxes are also exempt from this rule except for bills to create, abolish, or reestablish a department, agency, commission, board, task force, advisory committee or council, or other such entity. Prior to the deadline set by Rule 9.03, those bills shall be re-referred to the Committee on Governmental Operations and Gambling. After that deadline, the bills shall be re-referred to the Committee on Rules and Legislative Administration.

5.11 BILLS AFFECTING TAXES. Any bill whether originating in the House or Senate, which substantially affects state tax policy or the administration of state tax policy, after being reported to the House, shall be referred, or re-referred to the Committee on Taxes for action by that committee. Any standing committee other than the Committee on Taxes to which such a bill is referred shall, in its report, recommend re-referral to the Committee on Taxes.

5.12 WAYS AND MEANS COMMITTEE; RESOLUTION; EFFECT ON EXPENDITURES AND REVENUE BILLS. The Committee on Ways and Means shall hold hearings as necessary to determine state expenditures and revenues for the coming fiscal biennium.

In regular session, not later than 15 days following the last available state general fund revenue and expenditure forecast for the coming fiscal biennium prepared during the session, the Committee on Ways and Means shall adopt a budget resolution. The budget resolution shall set the maximum limitation on expenditures and revenues for the coming fiscal biennium for the general fund and an amount to be set aside as a budget reserve. The limitation is effective, if adopted, unless the Committee on Ways and Means adopts a different limitation in a subsequent budget resolution that accounts for increases or decreases in general fund revenues and expenditures anticipated for the current fiscal biennium.

Upon adoption of the budget resolution, the Committee on Ways and Means shall reconcile finance and revenue bills and upon request shall certify to the House that such bills do not exceed the limitation specified in the budget resolution.

A bill described in Rule 5.08 other than a major revenue or finance bill shall not be given its second reading until each major finance and revenue bill has received its second reading. However, a bill other than a major finance or revenue bill may be given its second reading after the House has received from the Committee on Ways and Means a statement certifying that the fiscal impact of the bill is or will be reconciled and within the guidelines of the budget resolution. All statements and certifications required by this rule may be reported orally by the Chair of the Committee on Ways and Means or a designee of the Chair. Major finance and revenue bills are:

the higher education finance bill;

the K-12 education finance bill;

the environment and natural resources finance bill;

the health and housing finance bill; human services finance bill;

the MinnesotaCare finance bill;

the state government finance bill;

the economic development, infrastructure and regulation finance bill;

the transportation finance bill;

the judiciary finance bill;

the omnibus capital investment bill; and

the omnibus tax bill.

Each finance committee, finance division of a standing committee, the Committee on Capital Investment, or the Committee on Taxes, upon recommending passage of any bill described in Rule 5.08, shall provide to the Committee on Ways and Means a fiscal statement on the bill.

5.13 BILLS PROPOSING MEMORIALS. Any bill or amendment that proposes to have a memorial erected in the Capitol area shall be referred to the Committee on Rules and Legislative Administration.

5.14 RECESS BILL INTRODUCTIONS. During the period between the last day of the session in 1993 1995 and the first day of the session in 1994 1996, any bill filed with the Speaker for introduction shall be given a file number and may be unofficially referred to an appropriate standing committee of the House of Representatives.

5.15 BILLS PROPOSING CONSTITUTIONAL AMENDMENTS. Any bill, whether originating in the House or Senate, which proposes a constitutional amendment, after being reported to the House, shall be referred, or re-referred, as the case may be, to the Committee on Rules and Legislative Administration for action by that committee. Any committee, other than the Committee on Rules and Legislative Administration, to which such bill has been referred, shall, in its report, recommend re-referral to the Committee on Rules and Legislative Administration.

6.01 COMMITTEES. Standing committees of the House shall be appointed by the Speaker as follows:

Agriculture

Capital Investment

Claims

Commerce, Tourism and Consumer Affairs

Division:Business Regulation

Economic Development, Infrastructure and Regulation Finance

Division:Transportation Finance

Education

Divisions:K-12 Education Finance

Higher Education Finance

University of Minnesota Finance

Environment and Natural Resources

Environment and Natural Resources Finance

Ethics

Financial Institutions and Insurance

General Legislation, Veterans Affairs and Elections

Division:Elections

Governmental Operations

Divisions:Gambling

State Government Finance

Health and Human Services

Divisions:Health and Housing Human Services Finance

MinnesotaCare Finance

Housing

International Trade and Tourism Economic Development

Judiciary

Judiciary Finance

Labor-Management Relations

Local Government and Metropolitan Affairs

Regulated Industries and Energy

Rules and Legislative Administration

Taxes

Divisions:Property Tax and Tax Increment Financing

Sales and Income Tax

Transportation and Transit

Ways and Means

Division:Government Efficiency and Oversight

6.02 COMMITTEE MEMBERSHIP. No less than 30 days prior to the opening of a regular session of the Legislature, the Speaker-designate shall provide the minority group with a list of the standing committees proposed for the session. The Speaker-designate shall also designate the number of minority members to be appointed to each committee and may require general membership guidelines to be followed in the selection of committee members.

If the minority leader submits to the Speaker-designate, at least 15 days prior to the opening of the session, a list of proposed committee assignments for the minority group, which complies with the numbers and guidelines provided, the Speaker shall make such proposed assignments with the purpose of attaining proportionate representation on the committees for the minority group.

No committee of the House shall have exclusive membership from any one profession, occupation or vocation.

6.03 COMMITTEE MEETING SCHEDULE. The Speaker shall prepare a schedule of committee meetings, fixing as far as practicable the day of the week and the hour for the regular meeting time of each committee. The schedule of committee meetings shall officially be made available to the news media. The chair of any committee holding a special meeting or making a change in the regular schedule of meetings shall give written notice which may be announced from the desk and shall be posted on the bulletin board at least one day in advance of the change.

The chair of each committee, division, or subcommittee shall as far as practicable give three days notice of any meeting. The notice shall include the date, time, place and agenda for the meeting.

No committee may meet between 12:00 midnight and 7:00 in the morning.

6.04 COMMITTEE PROCEDURES. Meetings of all committees of the House shall be open to the public except for any executive sessions which the committee on ethics deems necessary. For purposes of this requirement, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the committee, except that this requirement does not apply to a meeting of a caucus of members of a committee from the same political party.

A majority of members of any committee shall constitute a quorum.

The Rules of the House shall be observed in all committees wherever they are applicable.

Any member of any committee may demand a roll call on any bill, resolution, report, motion or amendment before the committee. Only upon such demand being made shall the roll be called and the vote of each member on the bill, resolution, report, motion or amendment be recorded in the committee minutes, together with the name of the member demanding the roll call.

A committee may reconsider any action so long as the matter remains in the possession of the committee. A committee member need not have voted with the prevailing side in order to move reconsideration.

6.05 SUBCOMMITTEES. The chair of a committee shall appoint the chair and members of each subcommittee with the advice and consent of the Speaker. The chair or the committee may refer bills to subcommittee. Any subcommittee may make such investigation or exercise such authority as is delegated to it by the chair or the committee.

6.06 COMMITTEE RECORDS. The chair of a standing committee shall cause a record to be kept, in the form prescribed by the Committee on Rules and Legislative Administration, which shall include the record of each bill referred to the committee and the minutes of the committee. The minutes shall include:

a. The time and place of each hearing or meeting of the committee;

b. Committee members present;

c. The name and address of each person appearing before the committee, together with the name and address of the person, association, firm or corporation in whose behalf the appearance is made;

d. The language of each motion, the name of the committee member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

e. The date on which any subcommittee is created, the names of its members and the bills referred to it;

f. The record of each subcommittee meeting, including the time and place of the meeting; members present; the name of each person appearing before the subcommittee, together with the name of the person, association, firm or corporation in whose behalf the appearance is made; and the language of each motion, together with the name of the member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

g. Other important matters related to the work of the committee.

The minutes shall be approved at the next regular meeting of the committee.

Copies of the minutes, after approval by the committee, shall be filed with the Chief Clerk and shall be open to public inspection in the Chief Clerk's office. At the end of the biennium they shall be delivered, together with the other committee records, to the Director of the Legislative Reference Library, where they shall remain open for public inspection during regular office hours. A copy of any page of any committee minutes may be obtained upon payment of a fee determined by the Chief Clerk to be adequate to cover the cost of preparing the copy.

The magnetic tape recording of any committee meetings shall be retained by the chair until the minutes of that meeting have been approved by the committee. The recording shall then be filed with the Director of the Legislative Reference Library. Tapes filed with the Legislative Reference Library shall be kept by the library for eight years after which they shall be delivered to the Director of the Minnesota Historical Society.

Any person may obtain a copy of such tape during the period in which it is maintained in the Legislative Reference Library upon payment of a fee determined by the Chief Clerk to be sufficient to cover the cost of the copy. Testimony and discussion preserved under this rule is not intended to be admissible in any court or administrative proceeding on an issue of legislative intent.

6.07 COMMITTEE REPORTS. The chair of a standing committee reporting to the House the action taken by the committee upon any bill or resolution referred to it shall do so upon the form provided for such reports. Each bill or resolution shall be reported separately and the report shall be adopted or rejected without amendment.

The report shall contain the action taken by the committee and the date of such action and shall be authenticated by the signature of the chair.

Before a committee reports favorably upon a bill or resolution, the chair shall see that the form of the bill or resolution conforms to the Joint Rules of the House and Senate and these Rules.

Except during the last seven legislative days in any year, the committee report and any minority report shall be placed in the hands of the Chief Clerk at least four hours prior to the convening of the daily session.

The Committee on Rules and Legislative Administration may report at any time.

If a majority of the members of a standing committee finds a bill referred to the committee to be of a non-controversial nature, the report to the House may recommend that the bill be placed upon a separate calendar to be known as the Consent Calendar.

6.08 COMMITTEE BILLS. Any standing or special committee of the House may introduce a bill as a committee bill on any subject within its purview.

6.09 SUBSTITUTION OF BILLS. No standing or special committee nor any of its members shall report a substitute for any bill referred to the committee if the substitute relates to a different subject, is intended to accomplish a different purpose, or would require a title essentially different from that of the original bill. Whenever the House is advised that a substitute bill reported to the House is in violation of this rule, the report shall not be adopted.

6.10 MEMBER CONDUCT DIVISION; THE COMMITTEE ON ETHICS. The Speaker shall appoint a Committee on Ethics and a Member Conduct Division of the Committee on Ethics. An equal number of members from the majority group and the minority group and one alternate from each group shall be appointed to the Ethics Committee and the Member Conduct Division. The division committee shall adopt written procedures, which shall include due process requirements, for handling complaints and issuing guidelines.

Complaints regarding a member's conduct must be submitted in writing to the Speaker verified and signed by two or more members of the House and shall be referred to the division committee within 15 days for processing by the division committee according to its rules of procedure. Prior to referring the matter to the division committee, the Speaker shall inform the member against whom a question of conduct has been raised of the complaint and the complainant's identity. The Speaker, the members making the complaint, the members of the Member Conduct Division committee, and employees of the House shall hold the complaint in confidence until the division committee or the member subject of the complaint cause a public hearing to be scheduled. A complaint of a breach of the confidentiality requirement by a member or employee of the House shall be immediately referred by the Speaker to the Member Conduct Division Ethics Committee for disciplinary action. The division committee shall act in an investigatory capacity and may make recommendations regarding questions of ethical conduct received prior to adjournment sine die.

Member Conduct Division Ethics Committee recommendations for disciplinary action shall be referred to the Committee on Rules and Legislative Administration, which committee may adopt, amend, or reject the recommendations of the Member Conduct Division Ethics Committee. Recommendations adopted by the Committee on Rules and Legislative Administration to expel, censure, or reprimand shall be reported to the House for final disposition.

6.11 CONFERENCE COMMITTEES. A conference committee may report at any time. No committee except a conference committee or the Committee on Rules and Legislative Administration shall sit during any daily session of the House without leave.

A conference committee report shall include only subject matter contained in the House or Senate versions of the bill for which that conference committee was appointed, or like subject matter contained in a bill passed by the House or Senate. The member presenting the conference committee report to the House shall disclose all substantive changes from the House version of the bill.

In regular session in 1993 1995 except after Monday, May 10 May 15, and in 1994 1996 except after April 18 ....., a written copy of a report of a conference committee shall be placed on the desk of each member of the House 24 hours before action on the report by the House. If the report has been reprinted in the Journal of the House for a preceding day and is available to the members, the Journal copy shall serve as the written report.

6.12 COMMITTEE BUDGETS AND EXPENSES. The Committee on Rules and Legislative Administration shall establish a budget for each standing committee of the House for expenses incurred by the committee, its members, or its staff in conducting its legislative business. Per diem expense allowances paid to members during sessions or at times set by the Speaker shall not be charged against the budget. No committee shall incur expenses in excess of its authorized budget.

Employees shall be reimbursed for actual expenses in the same manner as state employees.

During sessions, for travel away from the Capitol, members shall be reimbursed for actual expenses in the same manner as state employees in addition to per diem expense allowances.

All charges against the committee budget must be approved by the chair before payment is made.

6.13 PUBLIC TESTIMONY. Public testimony from proponents and opponents shall be allowed on every bill or resolution before either a standing committee, division or subcommittee of the House.

6.14 OPEN MEETING ENFORCEMENT. Any person may submit to the Speaker a complaint that a violation of the open meeting requirements of Rule 6.04 has occurred. The complaint must be submitted in writing. Upon receiving a complaint, the Speaker, or a person designated by the Speaker, shall investigate the complaint promptly. If the Speaker concludes, following investigation, that a violation of the open meeting rule may have occurred, the Speaker shall refer the complaint to the Committee on Ethics for further proceedings.

7.01 DUTIES AND PRIVILEGES OF THE SPEAKER. The Speaker shall preside over the House and shall have all the powers and be charged with all the duties of the presiding officer.

The Speaker shall preserve order and decorum. The Speaker or the chair of the Committee of the Whole may order the lobby or galleries cleared in the case of disorderly conduct or other disturbance.

Except as provided by rule or law, the Speaker shall have general control of the Chamber of the House and of the corridors, passages and rooms assigned to the use of the House.

The Speaker shall sign all acts, addresses, joint resolutions, writs, warrants and subpoenas of the House or issued by order of the House. The Speaker shall sign all abstracts for the payment of money out of the legislative expense fund of the House; but no money shall be paid out of said the fund unless the abstract is also signed by the Chief Clerk Controller of the House. Abstracts for compensation for members shall be signed by the Chief Clerk pursuant to law.

The Speaker shall appoint the Chief Sergeant at Arms or shall designate that officer from among the Sergeants at Arms elected by the House or appointed by the Committee on Rules and Legislative Administration.

When an elected office of the House becomes vacant, the Speaker shall designate a person to exercise the powers and discharge the duties of the office as necessary until a successor is elected by the House.

7.02 SPEAKER PRO TEMPORE. The Speaker shall appoint a member to preside, whenever the Speaker is absent, as Speaker pro tempore. In the absence of the Speaker and Speaker pro tempore, a member selected by the Speaker shall preside until the return of the Speaker or Speaker pro tempore. If desired, the Speaker may appoint cospeakers pro tempore.

7.03 DUTIES OF CHIEF CLERK. The Chief Clerk shall have general supervision of all clerical duties pertaining to the business of the House. The Chief Clerk shall perform under the direction of the Speaker all the duties pertaining to the office of Chief Clerk and shall keep records showing the status and progress of all bills, memorials and resolutions.

During a temporary absence of the Chief Clerk, the First Assistant Chief Clerk shall be delegated all the usual responsibilities of the Chief Clerk and is authorized to sign the daily journal, enrollments, abstracts and other legislative documents.

7.04 ENGROSSMENT AND ENROLLMENT. The Chief Clerk of the House shall have supervision over the engrossment and enrollment of bills. The Chief Clerk shall cause to be kept a record by file number of the bills introduced in the House which have passed both houses and been enrolled.

7.05 BUDGET AND PURCHASING FINANCIAL AFFAIRS. The House Controller shall prepare a biennial budget for the House which must be approved by the Committee on Rules and Legislative Administration before it is submitted to the Committee on Governmental Operations and Gambling for consideration by the State Government Finance Division. By the 15th day of April, July, October, and January of each year, the House Controller shall submit a detailed report of House expenditures during the previous quarter to the Speaker and the Committee on Rules and Legislative Administration.

The House Controller shall be the agent of the House of Representatives arrange for the purchase of supplies goods and services. The House Controller shall seek the lowest possible prices and shall file timely reports of expenditures made with the Committee on Rules and Legislative Administration consistent with satisfactory quality and dependability. A contract of the House, or an amendment to a contract, authorizing an expenditure in excess of $500 must be signed by the Speaker or the Controller. A contract, or an amendment to a contract, authorizing an expenditure of up to $500 may be executed by an employee authorized and directed in writing by the Controller to act for the Controller with respect to the contract or type of contract. A contract or amendment entered into in violation of this rule is not binding on the House.

7.06 BULLETIN BOARD. The Chief Clerk shall prepare a bulletin board upon which shall be posted a list of committee and subcommittee meetings and any other announcements or notices the House may require.

7.07 INDEX. The Index Clerk, under the supervision of the Chief Clerk, shall prepare an index in which bills may be indexed by topic, number, author, subject, section of the code amended, committees, and any other subject that will make it a complete and comprehensive index. The index shall be open for public inspection at all times during the session and shall be printed in the permanent Journal of the House.

7.08 DUTIES OF THE SERGEANT AT ARMS. It shall be the duty of the Sergeant at Arms to carry out all orders of the House or the Speaker and to perform all other services pertaining to the office of Sergeant at Arms, including maintaining order in the Chamber and other areas used for the business of the House and its committees and members and supervising entering and exiting from the Chamber and the other areas and the prompt delivery of messages.

7.09 SUCCESSOR IN OFFICE OF SPEAKER. When the office of Speaker becomes vacant, the Chair of the Committee on Rules and Legislative Administration shall exercise the powers and discharge the duties of the office as necessary, until a Speaker is elected by the House or until a speaker-designate is selected as provided in this Rule. The House shall elect a Speaker when the House is next called to order. If the Legislature is not in session, within 30 days after the office of Speaker becomes vacant the Committee on Rules and Legislative Administration shall meet and select a speaker-designate to exercise the powers and discharge the duties of the office as necessary until a Speaker is elected by the House.

8.01 APPOINTMENT OF EMPLOYEES. The Committee on Rules and Legislative Administration shall designate the position of and appoint each employee of the House and set the compensation of each officer and employee. A record of all such appointments, including positions and compensation, shall be kept in the office of the Chief Clerk House Controller and shall be open for inspection by the public.

The Committee on Rules and Legislative Administration, by resolution, shall establish the procedure for filling vacancies when the Legislature is not in session.

Any employee of the House may be assigned to other duties, suspended or discharged at any time by the Committee on Rules and Legislative Administration.

9.01 RULE AS TO CONSTRUCTION. As used in these Rules the terms "majority vote" and "vote of the House" shall mean a majority of members present at the particular time. The term "vote of the whole House" shall mean a majority vote of all the members elected to the House for that particular session of the Legislature.

Singular words used in these Rules shall include the plural, unless the context indicates a contrary intention.

9.02 MEDIA NEWS REPORTERS. Accredited representatives of the press, press associations, and radio and television stations shall be accorded equal press privileges by the House. Any person wishing to report proceedings of the House may apply to the Committee on Rules and Legislative Administration for a press pass and assignment to suitable available space.

Television stations shall be permitted to televise sessions of the House.

9.03 DEADLINES. In regular session in 1993 1995, committee reports on bills favorably acted upon by a committee in the house of origin after Friday, April 2 March 31, and committee reports on bills originating in the other house favorably acted upon by a committee after Friday, April 16 April 7, shall be referred in the House of Representatives to the Committee on Rules and Legislative Administration for disposition. In 1994 1996, committee reports on bills favorably acted upon by a committee of the house of origin after March 25 ....., and committee reports on bills originating in the other house favorably acted upon by a committee after March 31 ....., shall be referred in the House of Representatives to the Committee on Rules and Legislative Administration for disposition. However, referral is not required after the first deadline when, by the second deadline, a committee acts on a bill that is a companion to a bill that has then been acted upon by the first deadline in the Senate. A finance or revenue bill referred to in Rule 5.08 is exempt from the first and second deadlines.

A finance bill other than a major finance or revenue bill referred to in Rule 5.12 in finance committees and standing committees with finance divisions and the Committee on Taxes, that includes provisions that create or reestablish a commission, board, task force, advisory committee or council, or other entity, shall be re-referred to the Committee on Rules and Legislative Administration if it remains in committee after the deadlines set by this rule.

Committee reports on finance bills that are favorably acted upon by a committee after Friday, April 8, 1994 April 21, 1995, shall be referred to the Committee on Rules and Legislative Administration for disposition. This deadline does not apply to the House Committees on Taxes and Ways and Means.

9.04 DISPOSITION OF BILLS. Adjournment of the regular session in 1993 1995 to a day certain in 1994 1996 shall be equivalent to daily adjournment except that any bill on the Consent Calendar, Calendar, Special Orders or General Orders shall be returned to the standing committee last acting on the bill.

9.05 AUTHORIZED MANUAL OF PARLIAMENTARY PROCEDURE. The rules of parliamentary procedure contained in "Mason's Manual of Legislative Procedure" shall govern the House in all applicable cases in which they are not inconsistent with these Rules, the Joint Rules of the Senate and House of Representatives, or established custom and usage.

10.01 SOLICITATIONS DURING LEGISLATIVE SESSION. No member of the House, nor the member's principal campaign committee, nor any other political committee with the member's name or title, nor any committee authorized by the member which would benefit the member, shall solicit or accept a contribution on behalf of the member's principal campaign committee, any other political committee with the member's name or title, or any political committee authorized by the member which would benefit the member, from a registered lobbyist, political committee, or political fund during the regular session of the House.

No member may accept compensation for lobbying.

10.02 ACCEPTANCE OF AN HONORARIUM BY A MEMBER. No member may accept an honorarium for any service performed for an individual or organization which has a direct interest in the business of the House, including, but not limited to, registered lobbyists or any organizations they represent. The term "honorarium" does not include reimbursement for expenses incurred and actually paid by a member in performing any service.

Alleged violations of this rule shall be referred to the Committee on Ethics under Rule 6.10. Upon finding that an honorarium was accepted in violation of this rule, the Committee on Ethics shall direct the return of the funds. If the funds are not returned, the committee may recommend disciplinary action under Rule 6.10.

10.03 ACCEPTANCE OF TRAVEL AND LODGING BY A MEMBER OR EMPLOYEE. A member or employee of the House shall not accept travel and lodging from any foreign government, private for-profit business, labor union, registered lobbyist, or any association thereof, except for expenses that relate to the member's or employee's participation as a legislator or legislative employee in a meeting or conference. This rule does not apply to travel and lodging provided to a member in the regular course of the member's employment or business.

Carruthers moved to amend the proposed Permanent Rules of the House for the 79th Session as follows:

Page 5, line 9, before the period insert "or a designee of the Chair"

The motion prevailed and the amendment was adopted.

Bettermann moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

6.02 COMMITTEE MEMBERSHIP. No less than 30 days prior to the opening of a regular session of the Legislature, the Speaker-designate shall provide the minority group with a list of the standing committees proposed for the session. The Speaker-designate shall also designate the number of minority members to be appointed to each committee and may require general membership guidelines to be followed in the selection of committee members. The Speaker shall apportion the membership on each committee so that the minority group and the majority group have representation in proportion to their respective shares of membership of the House.

If the minority leader submits to the Speaker-designate, at least 15 days prior to the opening of the session, a list of proposed committee assignments for the minority group, which complies with the numbers and guidelines provided, the Speaker shall make such proposed assignments with the purpose of attaining so as to attain proportionate representation on the committees for the minority group.

No committee of the House shall have exclusive membership from any one profession, occupation or vocation.

A roll call was requested and properly seconded.

The question was taken on the Bettermann amendment and the roll was called. There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Onnen        Swenson, H.
Anderson, B. Frerichs     Krinkie      Osskopp      Sykora
Bettermann   Goodno       Larsen       Ozment       Tompkins
Bishop       Haas         Leppik       Paulsen      Tuma
Boudreau     Hackbarth    Lindner      Pawlenty     Van Dellen
Bradley      Harder       Lynch        Pellow       Van Engen
Broecker     Holsten      Macklin      Rhodes       Vickerman
Commers      Hugoson      Mares        Rostberg     Weaver
Daggett      Jennings     McElroy      Seagren      Wolf
Davids       Johnson, V.  Molnau       Smith        Worke
Dehler       Knight       Mulder       Stanek       Workman 
Dempsey      Knoblach     Ness         Sviggum      
Erhardt      Koppendrayer Olson, M.    Swenson, D.  

Anderson, R. Garcia       Kinkel       Olson, E.    Sarna
Bakk         Greenfield   Leighton     Opatz        Schumacher
Bertram      Greiling     Lieder       Orenstein    Simoneau
Brown        Hasskamp     Long         Orfield      Skoglund
Carlson      Hausman      Lourey       Osthoff      Solberg
Carruthers   Huntley      Luther       Ostrom       Tomassoni
Clark        Jaros        Mahon        Otremba      Trimble
JOURNAL OF THE HOUSE - 24th Day - Top of Page 652

Cooper       Jefferson    Mariani      Pelowski     Tunheim
Dauner       Johnson, A.  Marko        Perlt        Wagenius
Dawkins      Johnson, R.  McCollum     Peterson     Wejcman
Delmont      Kahn         McGuire      Pugh         Wenzel
Dorn         Kalis        Milbert      Rest         Winter
Entenza      Kelley       Munger       Rice         Sp.Anderson,I
Farrell      Kelso        Murphy       Rukavina     

Bettermann moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

6.02 COMMITTEE MEMBERSHIP. No less than 30 days prior to the opening of a regular session of the Legislature, the Speaker-designate shall provide the minority group with a list of the standing committees proposed for the session. The Speaker-designate shall also designate the number of minority members to be appointed to each committee and may require general membership guidelines to be followed in the selection of committee members.

If the minority leader submits to the Speaker-designate, at least 15 days prior to the opening of the session, a list of proposed committee assignments for the minority group, which complies with the numbers and guidelines provided, the Speaker shall make such proposed assignments with the purpose of attaining proportionate representation on the committees for the minority group.

The Speaker shall make appointments to boards, commissions, task forces, and councils that are composed partly of members of the House so that the majority and minority group are represented on each such body in proportion to their respective shares of membership of the House to the maximum extent permitted by the law fixing the membership of each such body. Before making any such appointment, the Speaker shall solicit the advice of the minority leader.

No committee of the House shall have exclusive membership from any one profession, occupation or vocation.

A roll call was requested and properly seconded.

The question was taken on the Bettermann amendment and the roll was called. There were 64 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, M.    Swenson, D.
Anderson, B. Frerichs     Kraus        Onnen        Swenson, H.
Bettermann   Goodno       Krinkie      Osskopp      Sykora
Bishop       Greiling     Larsen       Ozment       Tompkins
Boudreau     Haas         Leppik       Paulsen      Tuma
Bradley      Hackbarth    Lindner      Pawlenty     Van Dellen
Broecker     Harder       Lynch        Pellow       Van Engen
Commers      Holsten      Macklin      Rhodes       Vickerman
Daggett      Hugoson      Mares        Rostberg     Weaver
Davids       Jennings     McElroy      Seagren      Wolf
Dehler       Johnson, V.  Molnau       Smith        Worke
Dempsey      Knight       Mulder       Stanek       Workman 
Erhardt      Knoblach     Ness         Sviggum      

Anderson, R. Garcia       Leighton     Opatz        Schumacher
Bakk         Greenfield   Lieder       Orenstein    Simoneau
Bertram      Hasskamp     Long         Orfield      Skoglund
Brown        Hausman      Lourey       Osthoff      Solberg
Carlson      Huntley      Luther       Ostrom       Tomassoni
Carruthers   Jaros        Mahon        Otremba      Trimble
Clark        Jefferson    Mariani      Pelowski     Tunheim
Cooper       Johnson, A.  Marko        Perlt        Wagenius
Dauner       Johnson, R.  McCollum     Peterson     Wejcman
Dawkins      Kahn         McGuire      Pugh         Wenzel
Delmont      Kalis        Milbert      Rest         Winter
Dorn         Kelley       Munger       Rice         Sp.Anderson,I
Entenza      Kelso        Murphy       Rukavina     
Farrell      Kinkel       Olson, E.    Sarna        

Krinkie moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

6.02 COMMITTEE MEMBERSHIP. No less than 30 days prior to the opening of a regular session of the Legislature, the Speaker-designate shall provide the minority group with a list of the standing committees proposed for the session. The Speaker-designate shall also designate the number of minority members to be appointed to each committee and may require general membership guidelines to be followed in the selection of committee members.

If the minority leader submits to the Speaker-designate, at least 15 days prior to the opening of the session, a list of proposed committee assignments for the minority group, which complies with the numbers and guidelines provided, the Speaker shall make such proposed the minority member assignments as recommended by the minority leader with the purpose of attaining proportionate representation on the committees for the minority group.

No committee of the House shall have exclusive membership from any one profession, occupation or vocation.

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called. There were 61 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Larsen       Ozment       Tompkins
Anderson, B. Frerichs     Leppik       Paulsen      Tuma
Bettermann   Goodno       Lindner      Pawlenty     Van Dellen
Bishop       Haas         Lynch        Pellow       Van Engen
Boudreau     Hackbarth    Macklin      Rhodes       Vickerman
Bradley      Harder       Mares        Rostberg     Weaver
Broecker     Hugoson      McElroy      Seagren      Wolf
Commers      Johnson, V.  Molnau       Smith        Worke
Daggett      Knight       Mulder       Stanek       Workman 
Davids       Knoblach     Ness         Sviggum      
Dehler       Koppendrayer Olson, M.    Swenson, D.  
Dempsey      Kraus        Onnen        Swenson, H.  
Erhardt      Krinkie      Osskopp      Sykora       

Anderson, R. Greenfield   Kinkel       Opatz        Simoneau
Bakk         Greiling     Leighton     Orenstein    Skoglund
Bertram      Hasskamp     Lieder       Orfield      Solberg
Brown        Hausman      Long         Osthoff      Tomassoni
Carlson      Holsten      Lourey       Ostrom       Trimble
Carruthers   Huntley      Luther       Otremba      Tunheim
Clark        Jaros        Mahon        Pelowski     Wagenius
Cooper       Jefferson    Mariani      Perlt        Wejcman
Dauner       Jennings     Marko        Peterson     Wenzel
Dawkins      Johnson, A.  McCollum     Pugh         Winter
Delmont      Johnson, R.  McGuire      Rest         Sp.Anderson,I
Dorn         Kahn         Milbert      Rice         
Entenza      Kalis        Munger       Rukavina     
Farrell      Kelley       Murphy       Sarna        
Garcia       Kelso        Olson, E.    Schumacher   

Abrams moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

9.02 MEDIA NEWS REPORTERS. Accredited representatives of the press, press associations, and radio and television stations shall be accorded equal press privileges by the House. Any person wishing to report proceedings of the House may apply to the Committee on Rules and Legislative Administration for a press pass and assignment to suitable available space.

Television stations shall be permitted to televise sessions of the House. Media representatives shall be allowed access to both wells in the gallery of the House chambers.

A roll call was requested and properly seconded.

The question was taken on the Abrams amendment and the roll was called. There were 70 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Olson, M.    Stanek
Anderson, B. Frerichs     Krinkie      Onnen        Sviggum
Bettermann   Goodno       Larsen       Orenstein    Swenson, D.
Bishop       Greiling     Leppik       Osskopp      Swenson, H.
Boudreau     Haas         Lindner      Otremba      Sykora
Bradley      Hackbarth    Lynch        Ozment       Tompkins
Broecker     Harder       Macklin      Paulsen      Tuma
Commers      Hausman      Mares        Pawlenty     Van Dellen
Daggett      Holsten      Marko        Pellow       Van Engen
Dauner       Hugoson      McElroy      Rhodes       Vickerman
Davids       Johnson, V.  McGuire      Rostberg     Weaver
Dehler       Knight       Molnau       Schumacher   Wolf
Dempsey      Knoblach     Mulder       Seagren      Worke
Erhardt      Koppendrayer Ness         Smith        Workman 

Anderson, R. Garcia       Kinkel       Orfield      Solberg
Bakk         Greenfield   Leighton     Osthoff      Tomassoni
Bertram      Hasskamp     Lieder       Ostrom       Trimble
Brown        Huntley      Lourey       Pelowski     Tunheim
Carlson      Jaros        Luther       Perlt        Wagenius
Carruthers   Jefferson    Mahon        Peterson     Wejcman
Clark        Jennings     Mariani      Pugh         Wenzel
Cooper       Johnson, A.  McCollum     Rest         Winter
Dawkins      Johnson, R.  Milbert      Rice         Sp.Anderson,I
Delmont      Kahn         Munger       Rukavina     
Dorn         Kalis        Murphy       Sarna        
Entenza      Kelley       Olson, E.    Simoneau     
Farrell      Kelso        Opatz        Skoglund     

Paulsen moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

5.16 BILLS PROPOSING TAX INCREASES. An action relating to a bill, amendment, committee report, or conference committee report that provides for an increase in the rate of an income tax or a sales tax is agreed to by the House only if three-fifths of the members who vote on the action vote in favor of it.

A roll call was requested and properly seconded.

The question was taken on the Paulsen amendment and the roll was called. There were 54 yeas and 78 nays as follows:

Those who voted in the affirmative were:

Abrams       Hackbarth    Lindner      Ozment       Swenson, H.
Anderson, B. Harder       Lynch        Paulsen      Sykora
Boudreau     Holsten      Macklin      Pawlenty     Tompkins
Bradley      Hugoson      Mares        Pellow       Tuma
Broecker     Johnson, V.  McElroy      Rhodes       Van Dellen
Commers      Knight       Molnau       Rostberg     Vickerman
Dehler       Koppendrayer Mulder       Seagren      Weaver
Erhardt      Kraus        Ness         Smith        Wolf
Finseth      Krinkie      Olson, M.    Stanek       Worke
Frerichs     Larsen       Onnen        Sviggum      Workman 
Haas         Leppik       Osskopp      Swenson, D.  

Anderson, R. Dorn         Kalis        Munger       Sarna
Bakk         Entenza      Kelley       Murphy       Schumacher
Bertram      Farrell      Kelso        Olson, E.    Simoneau
Bettermann   Garcia       Kinkel       Opatz        Skoglund
Bishop       Goodno       Knoblach     Orenstein    Solberg
Brown        Greenfield   Leighton     Orfield      Tomassoni
Carlson      Greiling     Lieder       Osthoff      Trimble
Carruthers   Hasskamp     Long         Ostrom       Tunheim
Clark        Hausman      Lourey       Otremba      Van Engen
Cooper       Huntley      Luther       Pelowski     Wagenius
Daggett      Jaros        Mahon        Perlt        Wejcman
Dauner       Jefferson    Mariani      Peterson     Wenzel
Davids       Jennings     Marko        Pugh         Winter
Dawkins      Johnson, A.  McCollum     Rest         Sp.Anderson,I
Delmont      Johnson, R.  McGuire      Rice         
Dempsey      Kahn         Milbert      Rukavina     

Rest moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 8, line 10, after "House" insert ", by resolution,"

The motion prevailed and the amendment was adopted.

Sviggum moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 12, line 29, after the period, insert "Except in a committee, no amendment may be offered that increases the total amount appropriated by a bill."

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 61 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Osskopp      Tompkins
Anderson, B. Goodno       Larsen       Paulsen      Tuma
Bettermann   Haas         Leppik       Pawlenty     Van Dellen
Boudreau     Hackbarth    Lindner      Pellow       Van Engen
Bradley      Harder       Lynch        Rhodes       Vickerman
Broecker     Holsten      Macklin      Rostberg     Weaver
Commers      Hugoson      Mares        Seagren      Wolf
Daggett      Jennings     McElroy      Smith        Worke
Davids       Johnson, V.  Molnau       Stanek       Workman 
Dehler       Knight       Mulder       Sviggum      
Dempsey      Knoblach     Ness         Swenson, D.  
Erhardt      Koppendrayer Olson, M.    Swenson, H.  
Finseth      Kraus        Onnen        Sykora       

Anderson, R. Garcia       Leighton     Orenstein    Simoneau
Bakk         Greenfield   Lieder       Orfield      Skoglund
Bertram      Greiling     Long         Osthoff      Solberg
Bishop       Hasskamp     Lourey       Ostrom       Tomassoni
Brown        Hausman      Luther       Otremba      Trimble
Carlson      Huntley      Mahon        Ozment       Tunheim
Carruthers   Jaros        Mariani      Pelowski     Wagenius
Clark        Jefferson    Marko        Perlt        Wejcman
Cooper       Johnson, A.  McCollum     Peterson     Wenzel
Dauner       Johnson, R.  McGuire      Pugh         Winter
Dawkins      Kahn         Milbert      Rest         Sp.Anderson,I
Delmont      Kalis        Munger       Rice         
Dorn         Kelley       Murphy       Rukavina     
Entenza      Kelso        Olson, E.    Sarna        
Farrell      Kinkel       Opatz        Schumacher   

Knight moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 17, after line 22, insert:

"Each member shall have the right to have at least one bill heard and voted on the house floor."

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

Olson, M., moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 23, after line 35, insert:

"A committee meeting may be scheduled for a time outside of the regularly scheduled period for the meeting of the committee only when no member of the committee, subcommittee, or division for which the meeting is scheduled is a member of another committee already scheduled to meet during the same time. The chair of each committee shall set an ending time for the committee meetings scheduled and shall not exceed that time by more than 1/8 of the overall time unless the members of the committee present at the meeting unanimously agree to extend the meeting period."

A roll call was requested and properly seconded.

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

Those who voted in the affirmative were:

Anderson, B. Finseth      Koppendrayer Olson, M.    Tuma
Bettermann   Frerichs     Kraus        Osskopp      Van Dellen
Boudreau     Goodno       Krinkie      Paulsen      Vickerman
Broecker     Haas         Lindner      Pawlenty     Worke
Commers      Hackbarth    Mares        Rostberg     Workman 
Daggett      Holsten      McElroy      Stanek       
Dehler       Hugoson      Molnau       Sviggum      
Dempsey      Jaros        Mulder       Swenson, D.  
Erhardt      Knight       Ness         Swenson, H.  

Abrams       Greenfield   Leighton     Opatz        Seagren
Anderson, R. Greiling     Leppik       Orenstein    Simoneau
Bakk         Harder       Lieder       Orfield      Skoglund
Bertram      Hasskamp     Long         Osthoff      Smith
Bradley      Hausman      Lourey       Ostrom       Solberg
Brown        Huntley      Luther       Otremba      Sykora
Carlson      Jefferson    Lynch        Ozment       Tomassoni
Carruthers   Jennings     Macklin      Pellow       Trimble
Clark        Johnson, A.  Mahon        Pelowski     Tunheim
Cooper       Johnson, R.  Mariani      Perlt        Van Engen
Dauner       Johnson, V.  Marko        Peterson     Wagenius
Davids       Kahn         McCollum     Pugh         Weaver
Dawkins      Kalis        McGuire      Rest         Wejcman
Delmont      Kelley       Milbert      Rhodes       Wenzel
Dorn         Kelso        Munger       Rice         Winter
Entenza      Kinkel       Murphy       Rukavina     Wolf
Farrell      Knoblach     Olson, E.    Sarna        Sp.Anderson,I
Garcia       Larsen       Onnen        Schumacher   

Van Dellen moved to amend the proposed Permanent Rules of the House for the 79th session, as amended, as follows:

5.12 WAYS AND MEANS COMMITTEE; RESOLUTION; EFFECT ON EXPENDITURES AND REVENUE BILLS. The Committee on Ways and Means shall hold hearings as necessary to determine state expenditures and revenues for the coming fiscal biennium. In regular session, not later than 15 days following the last available state general

fund revenue and expenditure forecast for the coming fiscal biennium prepared during the session, the Committee on Ways and Means shall adopt report a budget resolution to the House for consideration and after consideration, the House must adopt a budget resolution. The budget resolution shall set take the form of a House resolution that sets the maximum limitation on expenditures and revenues for the coming fiscal biennium for the general fund and an amount to be set aside as a budget reserve. The limitation is effective, if when adopted, unless the Committee on Ways and Means House adopts a different limitation in a subsequent budget resolution that accounts for increases or decreases in general fund revenues and expenditures anticipated for the current fiscal biennium.

Upon adoption of the budget resolution, the Committee on Ways and Means shall reconcile finance and revenue bills and upon request shall certify to the House that such bills do not exceed the limitation specified in the budget resolution.

A bill described in Rule 5.08 other than a major revenue or finance bill shall not be given its second reading until each major finance and revenue bill has received its second reading. However, a bill other than a major finance or revenue bill may be given its second reading after the House has received from the Committee on Ways and Means a statement certifying that the fiscal impact of the bill is or will be reconciled and within the guidelines of the budget resolution. All statements and certifications required by this rule may be reported orally by the Chair of the Committee on Ways and Means or a designee of the Chair. Major finance and revenue bills are: the higher education finance bill; the K-12 education finance bill; the environment and natural resources finance bill; the health and housing finance bill; human services finance bill; the state government finance bill; the economic development, infrastructure and regulation finance bill; the judiciary finance bill; the omnibus capital investment bill; and the omnibus tax bill.

Each finance committee, finance division of a standing committee, the Committee on Capital Investment, or the Committee on Taxes, upon recommending passage of any bill described in Rule 5.08, shall provide to the Committee on Ways and Means a fiscal statement on the bill.

A roll call was requested and properly seconded.

The question was taken on the Van Dellen amendment and the roll was called. There were 62 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Osskopp      Sykora
Anderson, B. Frerichs     Larsen       Ozment       Tompkins
Bettermann   Goodno       Leppik       Paulsen      Tuma
Bishop       Haas         Lindner      Pawlenty     Van Dellen
Boudreau     Hackbarth    Lynch        Pellow       Van Engen
Bradley      Harder       Macklin      Rhodes       Vickerman
Broecker     Holsten      Mares        Rostberg     Weaver
Commers      Hugoson      McElroy      Seagren      Wolf
Daggett      Johnson, V.  Molnau       Smith        Worke
Davids       Knight       Mulder       Stanek       Workman 
Dehler       Knoblach     Ness         Sviggum      
Dempsey      Koppendrayer Olson, M.    Swenson, D.  
Erhardt      Kraus        Onnen        Swenson, H.  

Anderson, R. Greenfield   Leighton     Orenstein    Skoglund
Bakk         Greiling     Lieder       Orfield      Solberg
Bertram      Hasskamp     Long         Osthoff      Tomassoni
Brown        Hausman      Lourey       Ostrom       Trimble
Carlson      Huntley      Luther       Otremba      Tunheim
Carruthers   Jaros        Mahon        Pelowski     Wagenius
Clark        Jefferson    Mariani      Perlt        Wejcman
Cooper       Jennings     Marko        Peterson     Wenzel
Dauner       Johnson, A.  McCollum     Pugh         Winter
Dawkins      Johnson, R.  McGuire      Rest         Sp.Anderson,I
Delmont      Kahn         Milbert      Rice         
Dorn         Kalis        Munger       Rukavina     
Entenza      Kelley       Murphy       Sarna        
Farrell      Kelso        Olson, E.    Schumacher   
Garcia       Kinkel       Opatz        Simoneau     

Van Dellen moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

1.16 TIME LIMIT FOR CONSIDERATION OF BILLS. If 20 legislative days after a bill first has been referred to committee or division (other than a bill in the Committee on Ways and Means, the Committee on Taxes or a division of the Committee on Taxes, a finance committee, or a finance division of a standing committee) no report has been made upon it by the committee or division, its chief author may request that it be returned to the House and the request shall be entered in the Journal for the day. The committee or division shall have ten calendar days thereafter in which to vote upon the bill requested. If the committee or division fails to vote upon it within the ten days, the chief author may, at any time within five calendar days thereafter, present a written demand to the Speaker for its immediate return to the House. The demand shall be entered in the Journal for that day and shall constitute the demand of the House. The bill shall then be considered to be in the possession of the House, given its second reading and placed at the end of General Orders.

After the first committee deadline in Rule 9.03, the chief author of a bill may demand that a bill in the possession of a committee be returned to the House, if at least seven days before the committee deadline the author submitted a written request for a hearing on the bill to the chair of the committee then possessing the bill. Unless otherwise ordered by the House, the demand shall be entered in the Journal for that day and shall constitute the demand of the House, and the bill shall then be considered to be in the possession of the House, given its second reading and placed at the end of General Orders.

Such bill is subject to re-reference by a majority vote of the whole House. If the motion to re-refer is made on the day of the demand or within one legislative day thereafter, the motion shall take precedence over all other motions except privileged motions and shall be in order at any time.

In regular session in 1993 1995 after Friday, May 7 May 5, and in 1994 1996 after April 15 ....., the House shall not act on bills other than those recommended by conference committee reports, the Committee on Rules and Legislative Administration, or the Committee on Ways and Means, and those bills contained in messages from the Senate or from the Governor.

A roll call was requested and properly seconded.

The question was taken on the Van Dellen amendment and the roll was called. There were 59 yeas and 71 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Osskopp      Swenson, H.
Anderson, B. Goodno       Larsen       Ozment       Sykora
Bettermann   Haas         Leppik       Paulsen      Tompkins
Boudreau     Hackbarth    Lindner      Pawlenty     Tuma
Bradley      Harder       Lynch        Pellow       Van Dellen
Broecker     Holsten      Macklin      Rhodes       Van Engen
Commers      Hugoson      Mares        Rostberg     Vickerman
Daggett      Johnson, V.  Molnau       Seagren      Weaver
Davids       Knight       Mulder       Smith        Wolf
Dempsey      Knoblach     Ness         Stanek       Worke
Erhardt      Koppendrayer Olson, M.    Sviggum      Workman 
Finseth      Kraus        Onnen        Swenson, D.  

Anderson, R. Garcia       Kinkel       Opatz        Simoneau
Bakk         Greenfield   Leighton     Orenstein    Skoglund
Bertram      Greiling     Lieder       Orfield      Solberg
Brown        Hasskamp     Long         Osthoff      Tomassoni
Carlson      Hausman      Lourey       Ostrom       Trimble
Carruthers   Huntley      Luther       Otremba      Tunheim
Clark        Jaros        Mahon        Pelowski     Wagenius
Cooper       Jefferson    Mariani      Perlt        Wejcman
Dauner       Jennings     Marko        Peterson     Wenzel
Dawkins      Johnson, A.  McCollum     Pugh         Winter
Dehler       Johnson, R.  McGuire      Rest         Sp.Anderson,I
Delmont      Kahn         Milbert      Rice         
Dorn         Kalis        Munger       Rukavina     
Entenza      Kelley       Murphy       Sarna        
Farrell      Kelso        Olson, E.    Schumacher   

Goodno moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 24, line 1, after the period insert "No committee, division, task force, subcommittee, or commission may meet outside of the City of St. Paul in even-numbered years during the period from July 1 to the date of the general election unless approved by both the Speaker and Minority Leader."

A roll call was requested and properly seconded.

The question was taken on the Goodno amendment and the roll was called. There were 59 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Krinkie      Onnen        Swenson, H.
Anderson, B. Frerichs     Larsen       Osskopp      Sykora
Bettermann   Goodno       Leppik       Paulsen      Tompkins
Bishop       Haas         Lindner      Pawlenty     Tuma
Boudreau     Hackbarth    Lynch        Pellow       Van Dellen
Bradley      Harder       Macklin      Rhodes       Van Engen
Broecker     Holsten      Mares        Rostberg     Vickerman
Commers      Hugoson      McElroy      Seagren      Weaver
Daggett      Knight       Molnau       Smith        Wolf
Davids       Knoblach     Mulder       Stanek       Worke
Dehler       Koppendrayer Ness         Sviggum      Workman 
Dempsey      Kraus        Olson, M.    Swenson, D.  

Anderson, R. Garcia       Kelso        Olson, E.    Sarna
Bakk         Greenfield   Kinkel       Opatz        Schumacher
Bertram      Greiling     Leighton     Orenstein    Simoneau
Brown        Hasskamp     Lieder       Orfield      Skoglund
Carlson      Hausman      Long         Osthoff      Solberg
Carruthers   Huntley      Lourey       Ostrom       Tomassoni
Clark        Jaros        Luther       Otremba      Trimble
Cooper       Jefferson    Mahon        Ozment       Tunheim
Dauner       Jennings     Mariani      Pelowski     Wagenius
Dawkins      Johnson, A.  Marko        Perlt        Wejcman
Delmont      Johnson, R.  McCollum     Peterson     Wenzel
Dorn         Johnson, V.  McGuire      Pugh         Winter
Entenza      Kahn         Milbert      Rest         Sp.Anderson,I
Farrell      Kalis        Munger       Rice         
Finseth      Kelley       Murphy       Rukavina     

Koppendrayer moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

6.06 COMMITTEE RECORDS. The chair of a standing committee shall cause a record to be kept, in the form prescribed by the Committee on Rules and Legislative Administration, which shall include the record of each bill referred to the committee and the minutes of the committee. The minutes shall include:

a. The time and place of each hearing or meeting of the committee;

b. Committee members present;

c. The name and address of each person appearing before the committee, together with the name and address of the person, association, firm or corporation in whose behalf the appearance is made;

d. The language of each motion, the name of the committee member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

e. The date on which any subcommittee is created, the names of its members and the bills referred to it;

f. The record of each subcommittee meeting, including the time and place of the meeting; members present; the name of each person appearing before the subcommittee, together with the name of the person, association, firm or

corporation in whose behalf the appearance is made; and the language of each motion, together with the name of the member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

g. Other important matters related to the work of the committee.

The minutes shall be approved at the next regular meeting of the committee.

Copies of the minutes, after approval by the committee, shall be filed with the Chief Clerk and shall be open to public inspection in the Chief Clerk's office. At the end of the biennium they shall be delivered, together with the other committee records, to the Director of the Legislative Reference Library, where they shall remain open for public inspection during regular office hours. A copy of any page of any committee minutes may be obtained upon payment of a fee determined by the Chief Clerk to be adequate to cover the cost of preparing the copy.

The magnetic tape recording of any committee meetings shall be retained by the chair until the minutes of that meeting have been approved by the committee. The recording shall then be filed with the Director of the Legislative Reference Library within 24 hours of the conclusion of the committee meeting. Tapes filed with the Legislative Reference Library shall be kept by the library for eight years after which they shall be delivered to the Director of the Minnesota Historical Society.

Any person may obtain a copy of such tape during the period in which it is maintained in the Legislative Reference Library upon payment of a fee determined by the Chief Clerk to be sufficient to cover the cost of the copy. Testimony and discussion preserved under this rule is not intended to be admissible in any court or administrative proceeding on an issue of legislative intent.

A roll call was requested and properly seconded.

The question was taken on the Koppendrayer amendment and the roll was called. There were 65 yeas and 65 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, M.    Stanek
Anderson, B. Frerichs     Kraus        Onnen        Sviggum
Bettermann   Goodno       Krinkie      Osskopp      Swenson, D.
Bishop       Greiling     Larsen       Ozment       Swenson, H.
Boudreau     Haas         Leppik       Paulsen      Sykora
Bradley      Hackbarth    Lindner      Pawlenty     Tuma
Broecker     Harder       Lynch        Pellow       Van Dellen
Commers      Holsten      Macklin      Peterson     Van Engen
Daggett      Hugoson      Mares        Rhodes       Vickerman
Davids       Johnson, V.  McElroy      Rostberg     Weaver
Dehler       Kelley       Molnau       Schumacher   Wolf
Dempsey      Knight       Mulder       Seagren      Worke
Erhardt      Knoblach     Ness         Smith        Workman 

Anderson, R. Garcia       Leighton     Opatz        Solberg
Bakk         Greenfield   Lieder       Orenstein    Tomassoni
Bertram      Hasskamp     Long         Orfield      Trimble
Brown        Hausman      Lourey       Osthoff      Tunheim
Carlson      Huntley      Luther       Ostrom       Wagenius
Carruthers   Jaros        Mahon        Otremba      Wejcman
Clark        Jefferson    Mariani      Pelowski     Wenzel
Cooper       Jennings     Marko        Perlt        Winter
Dauner       Johnson, A.  McCollum     Pugh         Sp.Anderson,I
Dawkins      Johnson, R.  McGuire      Rest         
Delmont      Kahn         Milbert      Rice         
Dorn         Kalis        Munger       Rukavina     
Entenza      Kelso        Murphy       Sarna        
Farrell      Kinkel       Olson, E.    Skoglund     

Olson, M., moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 24, after line 9, insert:

"The decisions to hold hearings on bills referred to the committee shall be made by the committee, weekly or more often, and the chair shall schedule hearings in accordance with the decisions of the committee."

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

Olson, M., moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

5.071 PRIVILEGED BILLS. Each member may introduce one bill in a regular session that the member designates as a privileged bill. The following may not be designated privileged bills: a major finance or revenue bill under Rule 5.12 or a committee bill under Rule 6.08. A privileged bill must be given a hearing and acted upon by the committee to which it is referred. If a privileged bill that is introduced at least 30 legislative days before the first committee deadline in Rule 9.03 is not heard and acted upon within 20 legislative days following referral, the bill shall be considered to be in the possession of the House and shall be given its second reading and placed on General Orders. Notwithstanding Rule 1.07, privileged bills shall be taken up first on General Orders, in order to their date of introduction.

A roll call was requested and properly seconded.

The question was taken on the Olson, M., amendment and the roll was called. There were 51 yeas and 79 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Osskopp      Tuma
Anderson, B. Frerichs     Larsen       Paulsen      Van Dellen
Bettermann   Goodno       Lindner      Pawlenty     Van Engen
Boudreau     Haas         Lynch        Rostberg     Vickerman
Bradley      Hackbarth    Macklin      Seagren      Weaver
Broecker     Harder       Mares        Smith        Worke
Commers      Holsten      McElroy      Stanek       Workman 
Daggett      Johnson, V.  Molnau       Sviggum      
Davids       Knight       Mulder       Swenson, D.  
Dehler       Knoblach     Olson, M.    Swenson, H.  
Erhardt      Koppendrayer Onnen        Sykora       

Anderson, R. Greenfield   Kraus        Olson, E.    Rukavina
Bakk         Greiling     Leighton     Opatz        Sarna
Bertram      Hasskamp     Leppik       Orenstein    Schumacher
Bishop       Hausman      Lieder       Orfield      Simoneau
Brown        Hugoson      Long         Osthoff      Skoglund
Carlson      Huntley      Lourey       Ostrom       Solberg
Carruthers   Jaros        Luther       Otremba      Tomassoni
Clark        Jefferson    Mahon        Ozment       Trimble
Cooper       Jennings     Mariani      Pellow       Tunheim
Dauner       Johnson, A.  Marko        Pelowski     Wagenius
Dawkins      Johnson, R.  McCollum     Perlt        Wejcman
Dempsey      Kahn         McGuire      Peterson     Wenzel
Dorn         Kalis        Milbert      Pugh         Winter
Entenza      Kelley       Munger       Rest         Wolf
Farrell      Kelso        Murphy       Rhodes       Sp.Anderson,I
Garcia       Kinkel       Ness         Rice         

Dehler and Goodno moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

5.11 SINGLE SUBJECT. No bill shall embrace more than one subject, which shall be expressed in its title.

A roll call was requested and properly seconded.

The question was taken on the Dehler and Goodno amendment and the roll was called. There were 57 yeas and 74 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Onnen        Tompkins
Anderson, B. Goodno       Larsen       Paulsen      Tuma
Bettermann   Haas         Leppik       Pawlenty     Van Dellen
Boudreau     Hackbarth    Lindner      Rhodes       Van Engen
Broecker     Harder       Lynch        Rostberg     Vickerman
Commers      Holsten      Macklin      Seagren      Weaver
Daggett      Hugoson      Mares        Smith        Wolf
Davids       Johnson, V.  McElroy      Stanek       Worke
Dehler       Knight       Molnau       Sviggum      Workman 
Dempsey      Knoblach     Mulder       Swenson, D.  
Erhardt      Koppendrayer Ness         Swenson, H.  
Finseth      Kraus        Olson, M.    Sykora       

Anderson, R. Farrell      Kelso        Olson, E.    Rukavina
Bakk         Garcia       Kinkel       Opatz        Sarna
Bertram      Greenfield   Leighton     Orenstein    Schumacher
Bishop       Greiling     Lieder       Orfield      Simoneau
Bradley      Hasskamp     Long         Osthoff      Skoglund
Brown        Hausman      Lourey       Ostrom       Solberg
Carlson      Huntley      Luther       Otremba      Tomassoni
Carruthers   Jaros        Mahon        Ozment       Trimble
Clark        Jefferson    Mariani      Pellow       Tunheim
Cooper       Jennings     Marko        Pelowski     Wagenius
Dauner       Johnson, A.  McCollum     Perlt        Wejcman
Dawkins      Johnson, R.  McGuire      Peterson     Wenzel
Delmont      Kahn         Milbert      Pugh         Winter
Dorn         Kalis        Munger       Rest         Sp.Anderson,I
Entenza      Kelley       Murphy       Rice         

Olson, M., moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

3.10 AMENDMENT NOT TO ANNEX ANOTHER BILL. Except in a standing committee No bill or resolution shall at any time be amended by annexing or incorporating any other bill or resolution, except by a two-thirds vote in a standing committee.

A roll call was requested and properly seconded.

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

Those who voted in the affirmative were:

Anderson, B. Frerichs     Krinkie      Olson, M.    Swenson, H.
Bettermann   Haas         Larsen       Osskopp      Tuma
Boudreau     Hackbarth    Lindner      Paulsen      Van Dellen
Bradley      Harder       Lynch        Pawlenty     Van Engen
Broecker     Hugoson      Macklin      Rostberg     Vickerman
Commers      Johnson, V.  Mares        Seagren      Wolf
Daggett      Knight       McElroy      Smith        Worke
Dehler       Knoblach     Molnau       Stanek       Workman
Dempsey      Koppendrayer Mulder       Sviggum      
Finseth      Kraus        Ness         Swenson, D.  

Abrams  Farrell      Kelso        Onnen        Sarna
Anderson, R. Garcia       Kinkel       Opatz        Schumacher
Bakk         Goodno       Leighton     Orenstein    Simoneau
Bertram      Greenfield   Leppik       Orfield      Skoglund
Bishop       Greiling     Lieder       Osthoff      Solberg
Brown        Hasskamp     Long         Ostrom       Tomassoni
Carlson      Hausman      Lourey       Otremba      Trimble
Carruthers   Holsten      Luther       Ozment       Tunheim
Clark        Huntley      Mahon        Pellow       Wagenius
Cooper       Jaros        Mariani      Pelowski     Weaver
Dauner       Jefferson    Marko        Perlt        Wejcman
Davids       Jennings     McCollum     Peterson     Wenzel
Dawkins      Johnson, A.  McGuire      Pugh         Winter
Delmont      Johnson, R.  Milbert      Rest         Sp.Anderson,I
Dorn         Kahn         Munger       Rhodes       
Entenza      Kalis        Murphy       Rice         
Erhardt      Kelley       Olson, E.    Rukavina     

Olson, M., moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 8, line 21, after the period, insert "Until the roll is closed, no member, including the presiding officer, may have access to the record of the vote other than that recorded on the voting board available to all members."

A roll call was requested and properly seconded.

The question was taken on the Olson, M., amendment and the roll was called. There were 43 yeas and 88 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Hackbarth    Larsen       Onnen        Sykora
Boudreau     Harder       Lindner      Paulsen      Tuma
Broecker     Holsten      Lynch        Pawlenty     Van Dellen
Commers      Hugoson      Macklin      Rostberg     Vickerman
Erhardt      Knight       Mares        Smith        Weaver
Finseth      Knoblach     McElroy      Stanek       Worke
Frerichs     Koppendrayer Molnau       Sviggum      Workman 
Goodno       Kraus        Mulder       Swenson, D.  
Haas         Krinkie      Olson, M.    Swenson, H.  

Abrams       Dempsey      Kelley       Olson, E.    Sarna
Anderson, R. Dorn         Kelso        Opatz        Schumacher
Bakk         Entenza      Kinkel       Orenstein    Seagren
Bertram      Farrell      Leighton     Orfield      Simoneau
Bettermann   Garcia       Leppik       Osskopp      Skoglund
Bishop       Greenfield   Lieder       Osthoff      Solberg
Bradley      Greiling     Long         Ostrom       Tomassoni
Brown        Hasskamp     Lourey       Otremba      Trimble
Carlson      Hausman      Luther       Ozment       Tunheim
Carruthers   Huntley      Mahon        Pellow       Van Engen
Clark        Jaros        Mariani      Pelowski     Wagenius
Cooper       Jefferson    Marko        Perlt        Wejcman
Daggett      Jennings     McCollum     Peterson     Wenzel
Dauner       Johnson, A.  McGuire      Pugh         Winter
Davids       Johnson, R.  Milbert      Rest         Wolf
Dawkins      Johnson, V.  Munger       Rhodes       Sp.Anderson,I
Dehler       Kahn         Murphy       Rice         
Delmont      Kalis        Ness         Rukavina     

Weaver moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

1.13 MINORITY REPORTS. Any minority report shall be made separately from the majority report and shall be considered before the majority report. If the minority report is adopted the majority report shall not be considered.

If the minority report is not adopted the majority report shall then be considered. In all cases, minority reports shall be printed in the journal.

A roll call was requested and properly seconded.

The question was taken on the Weaver amendment and the roll was called. There were 65 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Olson, M.    Sviggum
Anderson, B. Frerichs     Krinkie      Onnen        Swenson, D.
Bettermann   Goodno       Larsen       Osskopp      Swenson, H.
Bishop       Haas         Leppik       Ozment       Sykora
Boudreau     Hackbarth    Lindner      Paulsen      Tompkins
Bradley      Harder       Lynch        Pawlenty     Tuma
Broecker     Holsten      Macklin      Pellow       Van Dellen
Commers      Hugoson      Mares        Pelowski     Van Engen
Daggett      Jennings     McElroy      Rhodes       Vickerman
Davids       Johnson, V.  McGuire      Rostberg     Weaver
Dehler       Knight       Molnau       Seagren      Wolf
Dempsey      Knoblach     Mulder       Smith        Worke
Erhardt      Koppendrayer Ness         Stanek       Workman 

Anderson, R. Garcia       Kinkel       Opatz        Skoglund
Bakk         Greenfield   Leighton     Orenstein    Solberg
Bertram      Greiling     Lieder       Osthoff      Tomassoni
Brown        Hasskamp     Long         Ostrom       Trimble
Carlson      Hausman      Lourey       Otremba      Tunheim
Carruthers   Huntley      Luther       Perlt        Wagenius
Clark        Jaros        Mahon        Peterson     Wejcman
Cooper       Jefferson    Mariani      Pugh         Wenzel
Dauner       Johnson, A.  Marko        Rest         Winter
Dawkins      Johnson, R.  McCollum     Rice         Sp.Anderson,I
Delmont      Kahn         Milbert      Rukavina     
Dorn         Kalis        Munger       Sarna        
Entenza      Kelley       Murphy       Schumacher   
Farrell      Kelso        Olson, E.    Simoneau     

Sviggum moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 28, after line 29 insert:

"The conferees on behalf of the house shall include at least one member of the majority caucus and one member of the minority caucus for the conference committee on any major finance and revenue bill referred to in Rule 5.12 and for any conference committee to which five members of the House are appointed."

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 63 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kraus        Onnen        Swenson, H.
Anderson, B. Finseth      Krinkie      Osskopp      Sykora
Bettermann   Frerichs     Larsen       Ozment       Tompkins
JOURNAL OF THE HOUSE - 24th Day - Top of Page 663

Bishop       Goodno       Leppik       Paulsen      Tuma
Boudreau     Haas         Lindner      Pawlenty     Van Dellen
Bradley      Hackbarth    Lynch        Pellow       Van Engen
Broecker     Harder       Macklin      Rhodes       Vickerman
Commers      Holsten      Mares        Rostberg     Weaver
Daggett      Hugoson      McElroy      Seagren      Wolf
Dauner       Johnson, V.  Molnau       Smith        Worke
Davids       Knight       Mulder       Stanek       Workman 
Dehler       Knoblach     Ness         Sviggum      
Dempsey      Koppendrayer Olson, M.    Swenson, D.  

Anderson, R. Greenfield   Kinkel       Olson, E.    Schumacher
Bakk         Greiling     Leighton     Opatz        Simoneau
Bertram      Hasskamp     Lieder       Orenstein    Skoglund
Brown        Hausman      Long         Osthoff      Solberg
Carlson      Huntley      Lourey       Ostrom       Tomassoni
Carruthers   Jaros        Luther       Otremba      Trimble
Clark        Jefferson    Mahon        Pelowski     Tunheim
Cooper       Jennings     Mariani      Perlt        Wagenius
Dawkins      Johnson, A.  Marko        Peterson     Wejcman
Delmont      Johnson, R.  McCollum     Pugh         Wenzel
Dorn         Kahn         McGuire      Rest         Winter
Entenza      Kalis        Milbert      Rice         Sp.Anderson,I
Farrell      Kelley       Munger       Rukavina     
Garcia       Kelso        Murphy       Sarna        

Sviggum moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

3.10 AMENDMENT NOT TO ANNEX ANOTHER BILL. Except in a standing committee or after the committee deadline in Rule 9.03 for bills originating in the other house, no bill or resolution shall at any time be amended by annexing or incorporating any other bill or resolution.

A roll call was requested and properly seconded.

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

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Osskopp      Sykora
Anderson, B. Frerichs     Larsen       Ozment       Tompkins
Bettermann   Goodno       Leppik       Paulsen      Tuma
Bishop       Haas         Lindner      Pawlenty     Van Dellen
Boudreau     Hackbarth    Lynch        Pellow       Van Engen
Bradley      Harder       Macklin      Rhodes       Vickerman
Broecker     Holsten      Mares        Rostberg     Weaver
Commers      Hugoson      McElroy      Seagren      Wolf
Daggett      Johnson, V.  Molnau       Smith        Worke
Davids       Knight       Mulder       Stanek       Workman 
Dehler       Knoblach     Ness         Sviggum      
Dempsey      Koppendrayer Olson, M.    Swenson, D.  
Erhardt      Kraus        Onnen        Swenson, H.  

Anderson, R. Garcia       Kinkel       Olson, E.    Sarna
Bakk         Greenfield   Leighton     Opatz        Schumacher
Bertram      Greiling     Lieder       Orenstein    Simoneau
Brown        Hasskamp     Long         Orfield      Skoglund
Carlson      Hausman      Lourey       Osthoff      Solberg
Carruthers   Huntley      Luther       Ostrom       Tomassoni
Clark        Jaros        Mahon        Otremba      Trimble
Cooper       Jefferson    Mariani      Pelowski     Tunheim
Dauner       Jennings     Marko        Perlt        Wagenius
Dawkins      Johnson, A.  McCollum     Peterson     Wejcman
Delmont      Johnson, R.  McGuire      Pugh         Wenzel
Dorn         Kahn         Milbert      Rest         Winter
Entenza      Kalis        Munger       Rice         Sp.Anderson,I
Farrell      Kelley       Murphy       Rukavina     

Pawlenty moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 23, after line 22, insert:

"A member may not serve as the chair of the same standing committee, or a standing committee with substantially the same jurisdiction, during more than three consecutive regular biennial sessions. Service as the chair before the 77th legislature does not count in applying this limitation. Service during a biennial session for less than three months does not count in applying this limitation. This rule does not apply to service as chair of the Committee on Rules and Legislative Administration or the Committee on Ways and Means."

A roll call was requested and properly seconded.

Carruthers moved to amend the Pawlenty amendment to the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 1, line 7, delete "77th" and insert "79th"

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 78 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greenfield   Larsen       Olson, E.    Sarna
Bakk         Greiling     Leighton     Opatz        Schumacher
Bertram      Harder       Lieder       Orenstein    Simoneau
Bishop       Hasskamp     Long         Orfield      Skoglund
Carlson      Hausman      Lourey       Osskopp      Solberg
Carruthers   Huntley      Luther       Osthoff      Tomassoni
Clark        Jaros        Mahon        Ostrom       Trimble
Cooper       Jefferson    Mariani      Otremba      Tunheim
Dauner       Jennings     Marko        Ozment       Van Engen
Dawkins      Johnson, A.  McCollum     Pelowski     Wagenius
Dehler       Johnson, R.  McElroy      Perlt        Wejcman
Delmont      Kahn         McGuire      Peterson     Wenzel
Dorn         Kalis        Milbert      Pugh         Winter
Entenza      Kelley       Munger       Rest         Sp.Anderson,I
Farrell      Kelso        Murphy       Rice         
Garcia       Kinkel       Ness         Rukavina     

Abrams       Erhardt      Koppendrayer Onnen        Swenson, H.
Anderson, B. Finseth      Kraus        Paulsen      Sykora
Bettermann   Frerichs     Krinkie      Pawlenty     Tompkins
Boudreau     Goodno       Leppik       Pellow       Tuma
Bradley      Haas         Lindner      Rhodes       Van Dellen
Broecker     Hackbarth    Lynch        Rostberg     Vickerman
Brown        Holsten      Macklin      Seagren      Weaver
Commers      Hugoson      Mares        Smith        Wolf
Daggett      Johnson, V.  Molnau       Stanek       Worke
Davids       Knight       Mulder       Sviggum      Workman 
Dempsey      Knoblach     Olson, M.    Swenson, D.  

Goodno raised a point of order pursuant to section 121, paragraph 2, of "Mason's Manual of Legislative Procedure" relating to breaches of the order of the House. The Speaker ruled the point of order not well taken.

The question recurred on the Pawlenty amendment, as amended, and the roll was called. There were 95 yeas and 37 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knoblach     Mulder       Seagren
Anderson, B. Finseth      Koppendrayer Ness         Smith
Bertram      Frerichs     Kraus        Olson, M.    Stanek
Bettermann   Garcia       Krinkie      Onnen        Sviggum
Bishop       Goodno       Larsen       Opatz        Swenson, D.
Boudreau     Greiling     Leppik       Orenstein    Swenson, H.
Bradley      Haas         Lieder       Osskopp      Sykora
Broecker     Hackbarth    Lindner      Ostrom       Tompkins
Carruthers   Harder       Long         Otremba      Trimble
Commers      Hausman      Lynch        Ozment       Tuma
Cooper       Holsten      Macklin      Paulsen      Tunheim
Daggett      Hugoson      Mahon        Pawlenty     Van Dellen
Davids       Jennings     Mares        Pellow       Van Engen
Dehler       Johnson, A.  Marko        Pelowski     Vickerman
Delmont      Johnson, R.  McCollum     Pugh         Weaver
Dempsey      Johnson, V.  McElroy      Rest         Wenzel
Dorn         Kalis        McGuire      Rhodes       Wolf
Entenza      Kelley       Milbert      Rostberg     Worke
Erhardt      Knight       Molnau       Schumacher   Workman 

Anderson, R. Hasskamp     Lourey       Perlt        Tomassoni
Bakk         Huntley      Luther       Peterson     Wagenius
Brown        Jaros        Mariani      Rice         Wejcman
Carlson      Jefferson    Munger       Rukavina     Winter
Clark        Kahn         Murphy       Sarna        Sp.Anderson,I
Dauner       Kelso        Olson, E.    Simoneau     
Dawkins      Kinkel       Orfield      Skoglund     
Greenfield   Leighton     Osthoff      Solberg      

Ozment moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

6.06 COMMITTEE RECORDS. The chair of a standing committee shall cause a record to be kept, in the form prescribed by the Committee on Rules and Legislative Administration, which shall include the record of each bill referred to the committee and the minutes of the committee. The minutes shall include:

a. The time and place of each hearing or meeting of the committee;

b. Committee members present;

c. The name and address of each person appearing before the committee, together with the name and address of the person, association, firm or corporation in whose behalf the appearance is made;

d. The language of each motion, the name of the committee member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

e. The date on which any subcommittee is created, the names of its members and the bills referred to it;

f. The record of each subcommittee meeting, including the time and place of the meeting; members present; the name of each person appearing before the subcommittee, together with the name of the person, association, firm or corporation in whose behalf the appearance is made; and the language of each motion, together with the name of the member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

g. Other important matters related to the work of the committee.

The minutes shall be approved at the next regular meeting of the committee.

Copies of the minutes, after approval by the committee, shall be filed with the Chief Clerk and shall be open to public inspection in the Chief Clerk's office. At the end of the biennium they shall be delivered, together with the other committee records, to the Director of the Legislative Reference Library, where they shall remain open for public inspection during regular office hours. A copy of any page of any committee minutes may be obtained upon payment of a fee determined by the Chief Clerk to be adequate to cover the cost of preparing the copy.

The magnetic tape recording of any committee meetings shall be retained by the chair until the minutes of that meeting have been approved by the committee. The recording shall then be filed with the Director of the Legislative Reference Library. A copy of the committee recording shall be filed within 24 hours if written request is made to the committee. Tapes filed with the Legislative Reference Library shall be kept by the library for eight years after which they shall be delivered to the Director of the Minnesota Historical Society.

Any person may obtain a copy of such tape during the period in which it is maintained in the Legislative Reference Library upon payment of a fee determined by the Chief Clerk to be sufficient to cover the cost of the copy. Testimony and discussion preserved under this rule is not intended to be admissible in any court or administrative proceeding on an issue of legislative intent.

A roll call was requested and properly seconded.

The question was taken on the Ozment amendment and the roll was called. There were 101 yeas and 29 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Olson, M.    Smith
Anderson, B. Garcia       Larsen       Onnen        Stanek
Bertram      Goodno       Leppik       Opatz        Sviggum
Bettermann   Greiling     Lieder       Orenstein    Swenson, D.
Bishop       Haas         Lindner      Orfield      Swenson, H.
Boudreau     Hackbarth    Long         Osskopp      Sykora
Bradley      Harder       Lourey       Ostrom       Tompkins
Broecker     Hausman      Luther       Otremba      Tuma
Commers      Holsten      Lynch        Ozment       Van Dellen
Cooper       Hugoson      Macklin      Paulsen      Van Engen
Daggett      Johnson, A.  Mahon        Pawlenty     Vickerman
Dauner       Johnson, R.  Mares        Pellow       Wagenius
Davids       Johnson, V.  Mariani      Pelowski     Weaver
Dehler       Kahn         Marko        Peterson     Wenzel
Delmont      Kelley       McElroy      Pugh         Wolf
Dempsey      Kelso        McGuire      Rest         Worke
Dorn         Kinkel       Milbert      Rhodes       Workman 
Entenza      Knight       Molnau       Rostberg     
Erhardt      Knoblach     Mulder       Schumacher   
Farrell      Koppendrayer Murphy       Seagren      
Finseth      Kraus        Ness         Skoglund     

Anderson, R. Dawkins      Jennings     Perlt        Tomassoni
Bakk         Greenfield   Kalis        Rice         Tunheim
Brown        Hasskamp     Leighton     Rukavina     Wejcman
Carlson      Huntley      McCollum     Sarna        Winter
Carruthers   Jaros        Olson, E.    Simoneau     Sp.Anderson,I
Clark        Jefferson    Osthoff      Solberg      

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

Kraus moved to amend the proposed Permanent Rules of House for the 79th Session, as amended, as follows:

Page 31, after line 22, insert:

"When the legislature is not in session, per diem expense allowances shall be limited to reimbursement for actual, documented expenses in the same amount and manner as for state employees."

Carruthers moved that the Kraus amendment be referred to the Committee on Rules and Legislative Administration.

A roll call was requested and properly seconded.

The question was taken on the Carruthers motion and the roll was called. There were 70 yeas and 60 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Farrell      Kinkel       Ness         Rukavina
Bakk         Greenfield   Leighton     Olson, E.    Sarna
Bertram      Hasskamp     Lieder       Opatz        Schumacher
Brown        Hausman      Long         Orenstein    Simoneau
Carlson      Huntley      Lourey       Orfield      Skoglund
Carruthers   Jaros        Luther       Osthoff      Solberg
Clark        Jefferson    Mahon        Ostrom       Tomassoni
Cooper       Jennings     Mariani      Otremba      Trimble
Dauner       Johnson, A.  Marko        Pelowski     Tunheim
Davids       Johnson, R.  McCollum     Perlt        Wagenius
Dawkins      Johnson, V.  McGuire      Peterson     Wejcman
Delmont      Kahn         Milbert      Pugh         Wenzel
Dorn         Kalis        Munger       Rest         Winter
Entenza      Kelley       Murphy       Rice         Sp.Anderson,I

Abrams       Frerichs     Kraus        Onnen        Swenson, D.
Anderson, B. Garcia       Krinkie      Osskopp      Swenson, H.
Bettermann   Goodno       Larsen       Ozment       Sykora
Boudreau     Greiling     Leppik       Paulsen      Tompkins
Bradley      Haas         Lindner      Pawlenty     Tuma
Broecker     Hackbarth    Lynch        Pellow       Van Dellen
Commers      Harder       Macklin      Rhodes       Van Engen
Daggett      Holsten      Mares        Rostberg     Vickerman
Dehler       Hugoson      McElroy      Seagren      Weaver
Dempsey      Knight       Molnau       Smith        Wolf
Erhardt      Knoblach     Mulder       Stanek       Worke
Finseth      Koppendrayer Olson, M.    Sviggum      Workman 

Haas moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 31, after line 22, insert:

"When the legislature is not in session, a member shall receive per diem expense allowances only for days when the member attends a meeting of a legislative committee or commission."

Carruthers moved that the Haas amendment be referred to the Committee on Rules and Legislative Administration.

A roll call was requested and properly seconded.

The question was taken on the Carruthers motion and the roll was called. There were 72 yeas and 59 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kinkel       Opatz        Schumacher
Bakk         Greenfield   Leighton     Orenstein    Simoneau
Bertram      Greiling     Lieder       Orfield      Skoglund
Brown        Hasskamp     Long         Osthoff      Solberg
Carlson      Hausman      Lourey       Ostrom       Tomassoni
JOURNAL OF THE HOUSE - 24th Day - Top of Page 668

Carruthers   Huntley      Luther       Otremba      Trimble
Clark        Jaros        Mahon        Ozment       Tunheim
Cooper       Jefferson    Mariani      Pelowski     Wagenius
Dauner       Jennings     Marko        Perlt        Wejcman
Davids       Johnson, A.  McCollum     Peterson     Wenzel
Dawkins      Johnson, R.  McGuire      Pugh         Winter
Delmont      Johnson, V.  Milbert      Rest         Sp.Anderson,I
Dorn         Kahn         Munger       Rice         
Entenza      Kalis        Murphy       Rukavina     
Farrell      Kelley       Olson, E.    Sarna        

Abrams       Finseth      Krinkie      Onnen        Swenson, H.
Anderson, B. Frerichs     Larsen       Osskopp      Sykora
Bettermann   Goodno       Leppik       Paulsen      Tompkins
Bishop       Haas         Lindner      Pawlenty     Tuma
Boudreau     Hackbarth    Lynch        Pellow       Van Dellen
Bradley      Harder       Macklin      Rhodes       Van Engen
Broecker     Holsten      Mares        Rostberg     Vickerman
Commers      Hugoson      McElroy      Seagren      Weaver
Daggett      Knight       Molnau       Smith        Wolf
Dehler       Knoblach     Mulder       Stanek       Worke
Dempsey      Koppendrayer Ness         Sviggum      Workman 
Erhardt      Kraus        Olson, M.    Swenson, D.  

Osskopp moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 31, after line 22, insert:

"The Committee on Rules and Legislative Administration shall establish, by resolution, a maximum number of days, not to exceed 20 days, for which a member may collect per diem allowances when the legislature is not in session."

A roll call was requested and properly seconded.

Carruthers moved to lay the Osskopp amendment to the proposed Permanent Rules of the House for the 79th Session, as amended, on the table.

A roll call was requested and properly seconded.

The question was taken on the Carruthers motion and the roll was called. There were 73 yeas and 58 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kinkel       Olson, E.    Sarna
Bakk         Greenfield   Leighton     Opatz        Schumacher
Bertram      Greiling     Lieder       Orenstein    Simoneau
Brown        Hasskamp     Long         Orfield      Skoglund
Carlson      Hausman      Lourey       Osthoff      Solberg
Carruthers   Huntley      Luther       Ostrom       Tomassoni
Clark        Jaros        Mahon        Otremba      Trimble
Cooper       Jefferson    Mariani      Ozment       Tunheim
Dauner       Jennings     Marko        Pelowski     Wagenius
Davids       Johnson, A.  McCollum     Perlt        Wejcman
Dawkins      Johnson, R.  McGuire      Peterson     Wenzel
Delmont      Johnson, V.  Milbert      Pugh         Winter
Dorn         Kahn         Mulder       Rest         Sp.Anderson,I
Entenza      Kalis        Munger       Rice         
Farrell      Kelley       Murphy       Rukavina     

Abrams       Finseth      Krinkie      Osskopp      Sykora
Anderson, B. Frerichs     Larsen       Paulsen      Tompkins
Bettermann   Goodno       Leppik       Pawlenty     Tuma
Bishop       Haas         Lindner      Pellow       Van Dellen
Boudreau     Hackbarth    Lynch        Rhodes       Van Engen
Bradley      Harder       Macklin      Rostberg     Vickerman
Broecker     Holsten      Mares        Seagren      Weaver
Commers      Hugoson      McElroy      Smith        Wolf
Daggett      Knight       Molnau       Stanek       Worke
Dehler       Knoblach     Ness         Sviggum      Workman 
Dempsey      Koppendrayer Olson, M.    Swenson, D.  
Erhardt      Kraus        Onnen        Swenson, H.  

Sviggum moved to amend the proposed Permanent Rules of the House for the 79th Session, as amended, as follows:

Page 31, after line 22, insert:

"The Committee on Rules and Legislative Administration shall establish, by resolution, a maximum number of state reimbursed out-of-state trips allowed for each member, not to exceed four per biennium."

A roll call was requested and properly seconded.

Carruthers moved that the Sviggum amendment be referred to the Committee on Rules and Legislative Administration.

A roll call was requested and properly seconded.

The question was taken on the Carruthers motion and the roll was called. There were 73 yeas and 57 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Farrell      Kelley       Olson, E.    Sarna
Bakk         Garcia       Kinkel       Opatz        Schumacher
Bertram      Greenfield   Leighton     Orenstein    Simoneau
Bishop       Greiling     Lieder       Orfield      Skoglund
Brown        Hasskamp     Long         Osthoff      Solberg
Carlson      Hausman      Lourey       Ostrom       Tomassoni
Carruthers   Huntley      Luther       Otremba      Trimble
Clark        Jaros        Mahon        Ozment       Tunheim
Cooper       Jefferson    Mariani      Pelowski     Wagenius
Dauner       Jennings     Marko        Perlt        Wejcman
Davids       Johnson, A.  McCollum     Peterson     Wenzel
Dawkins      Johnson, R.  McGuire      Pugh         Winter
Delmont      Johnson, V.  Milbert      Rest         Sp.Anderson,I
Dorn         Kahn         Munger       Rice         
Entenza      Kalis        Murphy       Rukavina     

Abrams       Frerichs     Larsen       Paulsen      Tompkins
Anderson, B. Goodno       Leppik       Pawlenty     Tuma
Bettermann   Haas         Lindner      Pellow       Van Dellen
Boudreau     Hackbarth    Lynch        Rhodes       Van Engen
Bradley      Harder       Macklin      Rostberg     Vickerman
Broecker     Holsten      Mares        Seagren      Weaver
Commers      Hugoson      McElroy      Smith        Wolf
Daggett      Knight       Molnau       Stanek       Worke
Dehler       Knoblach     Mulder       Sviggum      Workman 
Dempsey      Koppendrayer Ness         Swenson, D.  
Erhardt      Kraus        Olson, M.    Swenson, H.  
Finseth      Krinkie      Onnen        Sykora       

The question recurred on the Carruthers motion that the Report of the Committee on Rules and Legislative Administration and the proposed Permanent Rules of the House for the 79th Session, as amended, be now adopted and the roll was called. There were 74 yeas and 57 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greenfield   Larsen       Olson, E.    Sarna
Bakk         Greiling     Leighton     Opatz        Schumacher
Bertram      Hasskamp     Lieder       Orenstein    Simoneau
Bishop       Hausman      Long         Orfield      Skoglund
Carlson      Holsten      Lourey       Ostrom       Smith
Carruthers   Huntley      Luther       Otremba      Solberg
Clark        Jaros        Mahon        Ozment       Tomassoni
Cooper       Jefferson    Mariani      Pawlenty     Trimble
Dauner       Jennings     Marko        Pelowski     Tunheim
Dawkins      Johnson, A.  McCollum     Perlt        Wagenius
Delmont      Johnson, R.  McGuire      Peterson     Wejcman
Dorn         Kahn         Milbert      Pugh         Wenzel
Entenza      Kalis        Munger       Rest         Winter
Farrell      Kelley       Murphy       Rice         Sp.Anderson,I
Garcia       Kinkel       Ness         Rukavina     

Abrams       Erhardt      Kraus        Osskopp      Tompkins
Anderson, B. Finseth      Krinkie      Osthoff      Tuma
Bettermann   Frerichs     Leppik       Paulsen      Van Dellen
Boudreau     Goodno       Lindner      Pellow       Van Engen
Bradley      Haas         Lynch        Rhodes       Vickerman
Broecker     Hackbarth    Macklin      Rostberg     Weaver
Brown        Harder       Mares        Seagren      Wolf
Commers      Hugoson      McElroy      Stanek       Worke
Daggett      Johnson, V.  Molnau       Sviggum      Workman 
Davids       Knight       Mulder       Swenson, D.  
Dehler       Knoblach     Olson, M.    Swenson, H.  
Dempsey      Koppendrayer Onnen        Sykora       

So the Report of the Committee on Rules and Legislative Administration and the Permanent Rules of the House for the 79th Session were adopted as follows:

1.01 CONVENING OF THE HOUSE. Unless otherwise ordered, regular sessions of the House shall convene at two-thirty p.m. The Speaker shall take the chair at the hour at which the House convenes and the House shall then be called to order. A prayer shall be said by the Chaplain or time allowed for a brief meditation. Then, on the first legislative day in any calendar week, it shall be followed by the pledge of allegiance to the flag of the United States of America. Then a roll of members shall be called and the names of members present and members excused shall be entered in the Journal of the House.

1.02 READING OF THE JOURNAL. A quorum being present, the Journal of the preceding day shall be read by the Chief Clerk unless otherwise ordered. The House may correct any errors in the Journal of the preceding day.

1.03 ORDER OF BUSINESS. After the reading of the Journal, the order of business of the day shall be:

(1) Presentation of petitions or other communications.

(2) Reports of standing committees.

(3) Second reading of House bills.

(4) Second reading of Senate bills.

(5) Reports of select committees.

(6) Introduction and first reading of House bills.

(7) Consideration of messages from the Senate.

(8) First reading of Senate bills.

(9) Consent Calendar.

(10) Calendar for the day.

(11) General Orders.

(12) Motions and resolutions.

Conference committees on House bills and the Committee on Rules and Legislative Administration may report at any time except when the House is in the Committee of the Whole.

1.04 SECOND READING OF BILLS. Every bill shall require a second reading.

Except as otherwise ordered, every bill requiring the approval of the Governor shall, after a second reading, be considered in a Committee of the Whole before it shall be finally acted upon by the House.

1.05 COMMITTEE OF THE WHOLE. The Committee of the Whole is a committee of the entire membership of the House. The Speaker may appoint another member as chair to preside over the Committee of the Whole.

When the House arrives at the General Orders of the Day, it shall resolve itself into a Committee of the Whole to consider bills on General Orders.

A bill considered in the Committee of the Whole shall be reported and then debated by sections, with the title considered last. All amendments shall be typewritten and five copies shall be submitted to the Chair who shall report them to the House.

1.06 RULES TO APPLY TO COMMITTEE OF THE WHOLE. The Rules of the House shall be observed in the Committee of the Whole so far as may be applicable except that the previous question shall not be forced or speaking limited.

Upon demand of 15 members, the yeas and nays shall be called, the question voted on, and the yeas and nays recorded in the Journal of the House.

In the Committee of the Whole no amendment increasing the amount of any appropriation shall be passed without the yeas and nays recorded in the Journal of the House.

A motion that the Committee arise shall always be in order and shall be decided without debate.

1.07 GENERAL ORDERS OF THE DAY. The Chief Clerk at the direction of the Speaker shall prepare the General Orders of the Day, which is a list of all bills which have not been made Special Orders or placed on the Consent Calendar, numbered according to their order at second reading. Unless otherwise ordered by a majority of the Committee, items on General Orders shall be taken up in numerical order.

The Chief Clerk shall see that a copy of each bill printed under the Rules or Orders of the House is placed in each member's file, which is to be kept at the member's desk in the chamber, at least 24 hours before the bill shall be considered in the Committee of the Whole.

If a bill is progressed three times it shall be placed at the end of General Orders.

Except during the last five days in any year on which a bill may be passed, a bill amended in the Committee of the Whole shall not be given its third reading until it is engrossed and reproduced as amended.

1.08 THIRD READING OF BILLS. No amendment shall be received after the third reading without the unanimous consent of the House, except to fill blanks or to amend titles.

At any time prior to its passage any bill or resolution may be referred or re-referred by a majority vote of the whole House. If the committee, other than the Committee of the Whole, to which it was referred or re-referred reports an amendment on it, it shall again be given its second reading, considered in Committee of the Whole, given its third reading and placed upon its final passage.

1.09 SPECIAL ORDERS. A bill may be made the Order of the Day for a special time and be placed upon a separate list known as "Special Orders."

The Committee on Rules and Legislative Administration may by committee report designate as a Special Order any bill which has had its second reading.

Any member may move to make a bill a Special Order by giving notice at least two legislative days in advance of and specifying the day on which the member will so move. The notice shall include the number and title of the bill and the day and time certain for the Special Order. Only the member giving such notice, or another member designated in writing by the member who originally gave notice of the Special Order to the Speaker, may make the motion for the Special Order. A two-thirds vote of the whole House on such motion is required to make a bill a Special Order.

The time set for the motion may not be extended, and failure to make the motion on the specified day forfeits the right to make the motion.

A motion to make a bill a Special Order, when made according to the procedures herein prescribed, shall be a privileged motion, shall take precedence over all other motions except a motion to adjourn or to set the time to adjourn and questions of personal privilege, and may be made at any time on the day designated in the notice. A three-fourths vote of the whole House is required to suspend the motion.

Any Special Order, or any part of it, may be continued or postponed by two-thirds vote of the whole House at the time of such Special Order; however, a Special Order designated by the Committee on Rules and Legislative Administration may be continued or postponed by a majority vote of the whole House at the time of such Special Order. If a bill on Special Orders has been continued three times by the author or coauthor a motion for continuance shall not be in order and the bill shall be returned to General Orders.

When the time arrives for the consideration of any Special Order, the House shall consider each bill upon the Special Order in the order in which it is listed. After consideration it shall immediately be read the third time and placed upon final passage.

1.10 FINANCE AND REVENUE BILLS GIVEN PRECEDENCE. Any bill relating to taxes or raising revenue and any finance bill, which has had its second reading, shall be acted upon whenever requested by the Chair of the Committee on Ways and Means or by a designee of the Chair or, for any bill relating to taxes or raising revenue, by the Chair of the Committee on Taxes or a designee of the Chair.

1.11 CONSENT CALENDAR. Any bill of a non-controversial nature for which the committee report recommends placement upon the Consent Calendar shall be given its second reading after the report is adopted and placed upon the Consent Calendar. The bill shall be printed and placed in the members' files at least one day before it can be considered. The bill shall be placed upon the Consent Calendar in the order in which it is given its second reading.

The Consent Calendar shall immediately precede the order of business known as "Calendar for the Day." Every bill on the Consent Calendar shall be debated, given its third reading and voted upon, provided, however, that at any time prior to third reading, ten members may object to any bill as being controversial. Any bill so objected to shall be stricken from the Consent Calendar and be immediately placed upon General Orders, taking its place in the usual order.

1.12 SUSPENSION OF RULES TO ADVANCE A BILL. Every bill shall be reported on three different days, except that in case of urgency, a two-thirds majority of the whole House may suspend this Rule. A motion for suspension of the Rules to advance a bill for consideration out of its regular order is in order under the order of business "Motions and Resolutions" or at any time the bill is before the House. The motion must be presented to the Speaker in writing and must state the present position of the bill.

1.13 MINORITY REPORTS. Any minority report shall be made separately from the majority report and shall be considered before the majority report. If the minority report is adopted the majority report shall not be considered. If the minority report is not adopted the majority report shall then be considered.

1.14 COMMITTEE REPORT LAID OVER. The report of any committee may be laid over one day and printed in the Journal, if so ordered by the House.

1.15 RECALLING BILL FROM COMMITTEE OR DIVISION. In regular session, except after the deadline for committee reports on bills originating in the House, any bill or resolution may be recalled from any committee or division at any time by majority vote of the whole House, be given a second reading and be advanced to General Orders. A motion to recall a bill or resolution shall be in order only under the order of business "Motions and Resolutions."

1.16 TIME LIMIT FOR CONSIDERATION OF BILLS. If 20 legislative days after a bill has been referred to committee or division (other than a bill in the Committee on Ways and Means, the Committee on Taxes or a division of the Committee on Taxes, a finance committee, or a finance division of a standing committee) no report has been made upon it by the committee or division, its chief author may request that it be returned to the House and the request shall be entered in the Journal for the day. The committee or division shall have ten calendar days thereafter in which to vote upon the bill requested. If the committee or division fails to vote upon it within the ten days, the chief author may, at any time within five calendar days thereafter, present a written demand to the Speaker for its immediate return to the House. The demand shall be entered in the Journal for that day and shall constitute the demand of the House. The bill shall then be considered to be in the possession of the House, given its second reading and placed at the end of General Orders.

Such bill is subject to re-reference by a majority vote of the whole House. If the motion to re-refer is made on the day of the demand or within one legislative day thereafter, the motion shall take precedence over all other motions except privileged motions and shall be in order at any time.

In regular session in 1995 after Friday, May 5, and in 1996 after ....., the House shall not act on bills other than those recommended by conference committee reports, the Committee on Rules and Legislative Administration, or the Committee on Ways and Means, and those bills contained in messages from the Senate or from the Governor.

1.17 DISPOSITION OF SENATE BILLS. Any Senate File received by the House, accompanied by a message announcing its passage by the Senate, shall be referred to the appropriate standing committee in accordance with Rule 5.05. However, if a Senate File is received which is stated by a member to be identical to a House File already reported by a standing committee of the House and placed on General Orders, Calendar, Consent Calendar, or Special Orders, the Senate File shall be referred to the Chief Clerk for comparison. If the Chief Clerk reports that the Senate File is identical with the House File, the Senate File may by majority vote be substituted for the House File and take its place. The fact that the bills are identical shall be entered in the Journal and the House File is then considered withdrawn.

Any Senate File which has been amended on the floor of the House, except at time of final passage, and any Senate File which has been reported to the House with amendments by a House standing committee, shall be unofficially engrossed and reprinted by the Chief Clerk. Amendments to unofficial engrossments of a Senate File may be offered.

1.18 RECORDED FLOOR PROCEEDINGS. All proceedings on the floor of the House shall be recorded on magnetic tape or similar recording device under the direction of the Chief Clerk. All taped proceedings of the House floor sessions shall be delivered to the Director of the Legislative Reference Library and there maintained on file for use by any member of the public in accordance with the rules of the Legislative Reference Library. Tapes delivered to the Legislative Reference Library shall be kept by the library for eight years after which they shall be delivered to the Director of the Minnesota Historical Society.

Any person may obtain a copy of any such tape during the biennium in which it is recorded upon payment of a fee determined by the Chief Clerk to be adequate to cover the cost of preparing the copy.

Discussion preserved under this rule is not intended to be admissible in any court or administrative proceeding on an issue of legislative intent.

1.19 QUESTION SESSIONS. The House, by resolution, may reserve time at occasions during the legislative session for the Governor to appear to answer questions from House members. Before each question session, the House shall notify the Governor of issues to be covered at that session. The Governor may bring staff to a question session to assist in answering questions.

2.01 AUTHORIZING ELECTRIC VOTING SYSTEM. Except for a vote upon elections, any vote may be taken by means of the electric voting system which shall be under the control of the Speaker of the House. No member may vote on a question except at the member's own seat in the chamber.

2.02 CALL OF THE HOUSE. Ten members may demand a call of the House at any time except after voting has commenced. When such call is demanded, the doors shall be closed, the roll shall be called, the absent members shall be sent for, and no member may be permitted to leave until the roll call is suspended or completed. During the roll call, no motion shall be in order except a motion pertaining to matters incidental to the call. Proceedings under the roll call may be suspended by a majority vote of the whole House. After the roll call is suspended or completed the Sergeant at Arms shall not permit any member to leave the Chamber unless excused by the Speaker. A call of the House may be lifted by a majority vote of the whole House.

2.03 DEMANDING YEAS AND NAYS. Yeas and nays shall be ordered without demand upon final passage of bills and upon adoption of resolutions or motions directing the payment of money. In all other cases the yeas and nays shall be ordered only upon demand of 15 members.

2.04 EXPLAINING OR CHANGING VOTE. No member shall be allowed to explain a vote or discuss the question while the yeas and nays are being taken, nor be allowed to change a vote after the yeas and nays have been announced from the chair by the Speaker.

2.05 EVERY UNEXCUSED MEMBER TO VOTE. Any member who is immediately interested in the question being voted on shall not vote.

Every other member present before a vote is declared from the chair shall vote for or against the matter before the House, unless the House excuses the member from voting. However, no member is required to vote on any matter concerning a resolution except for a resolution relating to the internal business of the House or the Legislature.

A member who declines to vote on a call of the member's name shall be required to state reasons for so declining. After the vote has been taken but before the chair has announced the vote, the chair shall submit to the House the question, "Shall the member, for the reasons stated, be excused from voting?" which shall be decided without debate. Any other proceedings in reference thereto shall take place after announcement of the vote.

3.01 AMENDMENTS AND OTHER MOTIONS. No amendment or other motion shall be debated until after it is stated by the Speaker.

After an amendment or other motion has been stated by the Speaker it is in possession of the House, but the mover may withdraw it at any time before amendment or decision. Unless a motion, resolution or amendment is withdrawn on the day it is made, it shall be entered in the Journal, together with the name of the member offering it.

The Speaker may require any amendment or other motion be typewritten and that five copies be given to the Chief Clerk.

3.02 PRECEDENCE OF MOTIONS. When a question is under consideration, no motion shall be received except the following, the first four of which shall be decided without debate:

(1) To fix the time of adjournment.

(2) To adjourn.

(3) To lay on the table.

(4) For the previous question.

(5) To refer.

(6) To postpone to a day certain.

(7) To amend.

(8) To postpone indefinitely.

(9) To pass.

The motions shall have precedence in the order listed. However, if the motion for the previous question has been seconded and the main question ordered, the motion to lay on the table shall not be in order.

3.03 MOTION TO ADJOURN. A motion to adjourn shall always be in order except during roll call.

When a motion to adjourn is made it shall be in order for the Speaker, before putting the question, to permit any member to state reasons which would seem to render adjournment improper at that time. Such a statement shall not be debatable and shall be limited to not over two minutes.

3.04 MOTION FOR RECONSIDERATION. When a question has been decided either in the affirmative or negative, it shall be in order for any member who voted with the prevailing side to move its reconsideration, provided that such motion is made either on the same day the vote was taken or within the following two days of actual session of the House. A motion for reconsideration can be made at any time in the Order of Business and shall take precedence over all other questions except the motion to adjourn and the notice of intention to move reconsideration. Such motion or notice shall not be in order if the document, bill, resolution, message, report or other official action on which the vote was taken shall have left the possession of the House.

When a member gives notice of intention to move reconsideration of the final action of the House on any bill, resolution, message, report or other official action, the Chief Clerk shall retain the same until after the matter is disposed of or the time has expired during which the motion for reconsideration can be made.

On the last day allowed for the motion to reconsider, it shall be in order for any member who voted on the prevailing side to make the motion, unless the matter has been already disposed of.

A motion for reconsideration having been voted upon and lost shall not be renewed.

In regular session in 1995, notice of intention to move reconsideration shall not be in order after Monday, April 17.

In regular session in 1996, notice of intention to move reconsideration shall not be in order after ......

3.05 ORDER OF PUTTING QUESTION. Except in the case of privileged questions, all questions, whether in committee or in the House, shall be put in the order in which they are moved. When filling blanks, a motion for the largest sum or the longest time shall be put first.

3.06 DIVISION OF A QUESTION. Any member may request the division of a question which contains several separate and distinct points. A motion to strike out and insert shall not be divisible. If a motion to strike out is lost it shall not preclude another motion to amend or to strike out and insert.

3.07 THE PREVIOUS QUESTION. The motion calling for the previous question must be seconded by 15 members. If the motion for the previous question is ordered by a majority of members present, it shall have the effect of cutting off all debate and bringing the House to direct vote upon the question or questions.

The previous question may be moved and ordered upon a single motion, a series of motions allowable under the Rules, or an amendment or amendments; or it may include all authorized motions or amendments, including a vote on final passage of a bill.

On a motion for the previous question, but prior to its being ordered, a call of the House shall be in order. After a majority has ordered the previous question, no call shall be in order prior to the decision on the main question.

When the previous question is decided in the negative, the main question remains under debate until disposed of by taking a vote either on the question or in some other manner.

All incidental questions of order arising after a motion is made for the previous question and prior to the vote on the main question shall be decided without debate.

3.08 AMENDMENTS TO AMENDMENTS. An amendment may be amended, but an amendment to an amendment may not be amended.

3.09 MOTIONS AND PROPOSITIONS TO BE GERMANE. No motion or proposition on a subject different from that under consideration shall be admitted under guise of its being an amendment.

3.10 AMENDMENT NOT TO ANNEX ANOTHER BILL. Except in a standing committee no bill or resolution shall at any time be amended by annexing or incorporating any other bill or resolution.

3.11 RESOLUTIONS AND MOTIONS INVOLVING EXPENDITURE OF MONEY. Any resolution or motion involving the expenditure of money out of the legislative expense fund shall be referred to the Committee on Rules and Legislative Administration before being acted upon by the House. A majority vote of the whole House, determined by a roll call, is required to pass any such resolution or motion.

3.12 AMENDMENTS TO APPROPRIATION AND TAX BILLS. No amendment increasing an appropriation and no amendment increasing a tax shall be declared passed until voted for by a majority of the whole House determined by a roll call vote.

3.13 MOTION TO LAY ON THE TABLE. A motion to lay on the table shall not be in order on a motion to amend, except that a motion to amend the Rules may be tabled.

3.14 MOTION TO RESCIND. The motion to rescind shall not be in order at any time in any proceeding in the House or in any committee of the House.

3.15 SUSPENSION OR AMENDMENT OF THE RULES. The concurrence of two-thirds of the whole House is required to suspend, alter, or amend any Rule of the House, except that any amendment to the Rules reported by the Committee on Rules and Legislative Administration may be adopted by a majority of the whole House.

Except as provided in Rule 1.12, a motion to suspend, alter, or amend any Rule of the House must be made under the order of business "Motions and Resolutions." If the motion is made at any other time, unanimous consent is required before the Speaker can entertain the motion.

A motion to suspend the Rules, together with the subject matter to which it pertains, is debatable, but the previous question may be applied to the motion.

4.01 ABSENCE OF MEMBERS AND OFFICERS. Unless illness or other sufficient cause prevents attendance, no member or officer of the House shall be absent from any session of the House without first having obtained from the Speaker permission to be absent.

4.02 DUTIES OF MEMBERS. Members shall keep their seats until the Speaker announces adjournment.

Every member, before speaking, shall rise and respectfully address the Speaker and shall not speak further until recognized by the Speaker. When two or more members rise at the same time, the Speaker shall designate the member to speak first.

4.03 QUESTIONS OF ORDER. If any member of the House transgresses the Rules, either in speaking or in any other way, the Speaker shall, or any member may, call the member to order. A member so called to order shall immediately sit down unless another member moves to permit the member who was called to order to explain. In either case, the House, if appealed to, shall decide without debate. Only if the decision is in favor of the member called to order shall that member be at liberty to proceed. A member called to order shall be liable to censure or such other punishment as the House may deem proper.

4.04 ORDER IN DEBATE. No member shall speak more than twice on the same subject without leave of the House, nor more than once until every other member wishing to speak on the pending question has had an opportunity to do so.

4.05 NOTICE OF INTENTION TO DEBATE A RESOLUTION. Any member may give notice of intention to debate a resolution. Such notice may be given at any time before the vote is taken on the resolution. If such notice is given, the resolution shall be laid over one day without debate or any other action.

4.06 OFFENSIVE WORDS IN DEBATE. If any member is called to order for offensive words in debate, the member calling for order shall report the words to which exception is taken and the Clerk shall record them. No member shall be held to answer or be subject to censure of the House for any language used in debate if exception is not taken before any other member has spoken or any other business has taken place.

4.07 ORDER DURING SESSION. No member shall walk out of or across the Chamber when the Speaker is putting the question. No member shall engage in private conversation while another member is speaking or pass between the speaking member and the Chair.

4.08 NO ONE TO REMAIN BY THE CHIEF CLERK'S DESK. No member or other person shall remain by the Chief Clerk's desk while the yeas and nays are being called.

4.09 WHO MAY BE ADMITTED TO THE FLOOR. No person shall be admitted within the House Chamber, except members themselves, properly authorized employees, the Chief Executive and ex-governors of the State of Minnesota, members of the Senate, heads of departments of the state government, judges of the Supreme Court, Court of Appeals, and District Courts, members of Congress, properly accredited representatives of radio and television stations, newspapers and press associations, as herein provided for, and none other. When a former member of Congress or the Minnesota Legislature or any other person is issued a permit by the Speaker good for the day, that person shall be provided with a seat near the Speaker's rostrum, and at no time shall a conversation be carried on so as to disturb the business of the House. Before issuing the permit, the Speaker shall make certain that the person does not seek the floor of the House for the purpose of influencing decisions of the House.

The alcoves shall be kept for the use of members only, and the Sergeant at Arms shall keep them cleared.

It shall not be in order for the Speaker to entertain a request for the suspension of this Rule, or to present from the Chair the request of any member for unanimous consent unless an extraordinary condition exists, in which event the Speaker may consent to entertain a motion for its suspension.

During the period extending from one hour prior to the time the House is scheduled to convene until one hour after the House adjourns for the day, the retiring room shall be reserved for the exclusive use of the members and employees of the House. No committee meetings shall be held therein except for emergency meetings authorized by the Speaker of the House. The Sergeant at Arms is charged with the duty of strict enforcement of this provision.

4.10 PRESENTATION OF PETITIONS. Any petition, memorial or other paper presented to the House shall include the name of the member introducing it and a brief description of its contents and shall be presented by the Speaker, who shall state briefly its contents.

4.11 NO SMOKING IN HOUSE CAPITOL AREA. Smoking is prohibited in areas of the Capitol and State Office Building under the jurisdiction of the House of Representatives, including the House Chamber and Retiring Room and galleries, hearing rooms, minor corridors and offices, private offices, and lounges.

4.12 CODE OF CONDUCT. The Committee on Rules and Legislative Administration, upon recommendation from the Committee on Ethics, shall establish and maintain a code of conduct for members, officers and employees of the House.

5.01 BILL AND RESOLUTION FORM. No bill or resolution shall be introduced until it has been examined and approved by the Revisor of Statutes as to form and compliance with the Joint Rules of the House and Senate and the Rules of the House. Approval as to form shall be endorsed on the bill or resolution by the Revisor of Statutes. A bill that is divided into articles may include or be accompanied by a table of contents.

5.02 INTRODUCTION OF BILLS AND RESOLUTIONS. A bill, advisory bill or resolution offered for introduction shall be placed in the hands of the Speaker at least 24 hours prior to the convening of the daily session. Every bill, advisory bill and resolution shall be introduced in quadruplicate and each copy shall contain the signature of the member or name of the committee introducing it. No bill, advisory bill, memorial or resolution shall have more than five authors. A statement of facts being forwarded for action to a governmental official, agency, or body or other similar proposal is a memorial and shall be introduced in the same form as a bill and take the same course as a bill. No resolution shall authorize the expenditure of monies from any source other than the legislative expense fund.

5.03 TIME LIMIT FOR INTRODUCTION OF BILLS. In 1995, a bill prepared by a department or agency of state government shall be introduced and given its first reading by March 20. In 1996, a bill prepared by a department or agency of state government shall be introduced and given its first reading before ......

5.04 ADVISORY BILLS. An advisory bill may be introduced by any member in the same manner as a bill except that the requirements of Rule 5.01 shall not apply.

Each advisory bill shall be typewritten on a form provided by the Chief Clerk. It shall have a title not exceeding 12 words in length and shall contain a specific proposal for the initiation, termination or alteration of a law or program of the state or any of its subdivisions. It need not be drafted in a form appropriate for enactment into law.

An advisory bill may be considered only in committee and shall not be given a second reading or be otherwise considered by the House, except that the committee may report its recommendation for re-referral to another committee.

5.05 FIRST READING AND REFERENCE OF BILLS. Each bill, advisory bill and resolution shall be reported and given its first reading upon its introduction. No bill, advisory bill or resolution shall be objected to upon its introduction.

Except as provided in Rule 1.17 and Rule 5.06 each bill, advisory bill or resolution shall, after first reading, be referred by the Speaker to the appropriate standing committee or division thereof.

Congratulatory resolutions are exempt from this rule and may be adopted by the Committee on Rules and Legislative Administration without further consideration by the House.

Except as otherwise provided in these Rules, after a bill, advisory bill or resolution has been referred by the Speaker, a majority vote of the whole House shall be required for a re-referral of the bill, advisory bill or resolution by the House.

5.06 COMMITTEE BILLS. A committee bill shall be read for the first time and may be referred by the Speaker to any standing committee. If it is not so referred, it shall be laid over one day. It shall then be read for the second time and placed upon General Orders, or, if recommended by the Committee, upon the Consent Calendar.

5.07 PRINTING OF BILLS. Every bill shall be printed after it has been given its second reading. A bill may be printed at any other time a majority of the House so orders.

5.08 FINANCE AND REVENUE BILLS. Any bill, whether originating in the House or Senate which directly and specifically affects any present or future financial obligation on the part of the State or which directly and specifically affects state revenues, after being reported to the House, shall be referred, or re-referred to the appropriate finance committee, standing committee with a finance division for consideration by the finance division, or the Committee on Taxes, for action. Once action has been taken by that committee, the bill shall be thereafter re-referred to the Committee on Ways and Means. A bill, other than a major revenue or finance bill referred to in Rule 5.12, which carries an appropriation shall include an appropriation section. This rule does not apply to a bill recommended for passage by the Committee on Capital Investment under Rule 5.09.

5.09 BILLS AFFECTING DEBT. The Committee on Capital Investment shall have jurisdiction over debt obligations issued by the State. A bill which authorizes the issuance of debt of the State shall be referred or re-referred to the Committee on Capital Investment.

The Chair of the Committee on Capital Investment shall assign to each finance committee or finance division of a standing committee the responsibility to develop a bill on state public debt within its jurisdiction. The bill shall be referred to the Committee on Capital Investment by ..... 1996, for further disposition.

A bill recommended for passage by the Committee on Capital Investment shall be accompanied by a statement of its fiscal impact and shall be referred to the Committee on Ways and Means for review and action by that committee.

5.10 BILLS AFFECTING STATE GOVERNMENT POWERS AND STRUCTURE. Any bill, whether originating in the House or the Senate, which creates or reestablishes any new department, agency, commission, board, task force, advisory committee or council, or bureau, or any other such entity, or which substantially changes or alters the organization of or delegates rulemaking authority to or exempts from rulemaking any department or agency thereof

of state government, or substantially changes, alters, vests or divests official rights, powers, or duties of any official, department or agency of the state government or any institution under its control, after being reported to the House, shall be referred, or re-referred, as the case may be, to the Committee on Governmental Operations for action by that committee. Prior to the deadline set by Rule 9.03, any committee other than the Committee on Governmental Operations to which such bill is referred shall, in its report, recommend re-referral to the Committee on Governmental Operations. After the deadline set by Rule 9.03, a report shall recommend re-referral to the Committee on Rules and Legislative Administration.

This rule does not apply to the major finance and revenue bills referred to in Rule 5.12. But, if those bills contain provisions that would create, abolish, or reestablish a department, agency, commission, board, task force, advisory committee or council, or other such entity, then the chair of the Committee on Taxes or the chair of the appropriate finance committee or standing committee with a finance division, must communicate the inclusion of the provision to the chair of the Committee on Rules and Legislative Administration prior to consideration of the matter on the floor.

All other bills in finance committees or referred out of finance divisions of standing committees and bills in the Committee on Taxes are also exempt from this rule except for bills to create, abolish, or reestablish a department, agency, commission, board, task force, advisory committee or council, or other such entity. Prior to the deadline set by Rule 9.03, those bills shall be re-referred to the Committee on Governmental Operations. After that deadline, the bills shall be re-referred to the Committee on Rules and Legislative Administration.

5.11 BILLS AFFECTING TAXES. Any bill whether originating in the House or Senate, which substantially affects state tax policy or the administration of state tax policy, after being reported to the House, shall be referred, or re-referred to the Committee on Taxes for action by that committee. Any standing committee other than the Committee on Taxes to which such a bill is referred shall, in its report, recommend re-referral to the Committee on Taxes.

5.12 WAYS AND MEANS COMMITTEE; RESOLUTION; EFFECT ON EXPENDITURES AND REVENUE BILLS. The Committee on Ways and Means shall hold hearings as necessary to determine state expenditures and revenues for the coming fiscal biennium.

In regular session, not later than 15 days following the last available state general fund revenue and expenditure forecast for the coming fiscal biennium prepared during the session, the Committee on Ways and Means shall adopt a budget resolution. The budget resolution shall set the maximum limitation on expenditures and revenues for the coming fiscal biennium for the general fund and an amount to be set aside as a budget reserve. The limitation is effective, if adopted, unless the Committee on Ways and Means adopts a different limitation in a subsequent budget resolution that accounts for increases or decreases in general fund revenues and expenditures anticipated for the current fiscal biennium.

Upon adoption of the budget resolution, the Committee on Ways and Means shall reconcile finance and revenue bills and upon request shall certify to the House that such bills do not exceed the limitation specified in the budget resolution.

A bill described in Rule 5.08 other than a major revenue or finance bill shall not be given its second reading until each major finance and revenue bill has received its second reading. However, a bill other than a major finance or revenue bill may be given its second reading after the House has received from the Committee on Ways and Means a statement certifying that the fiscal impact of the bill is or will be reconciled and within the guidelines of the budget resolution. All statements and certifications required by this rule may be reported orally by the Chair of the Committee on Ways and Means or a designee of the Chair. Major finance and revenue bills are:

the higher education finance bill;

the K-12 education finance bill;

the environment and natural resources finance bill;

the health and human services finance bill;

the MinnesotaCare finance bill;

the state government finance bill;

the economic development, infrastructure and regulation finance bill;

the transportation finance bill;

the judiciary finance bill;

the omnibus capital investment bill; and

the omnibus tax bill.

Each finance committee, finance division of a standing committee, the Committee on Capital Investment, or the Committee on Taxes, upon recommending passage of any bill described in Rule 5.08, shall provide to the Committee on Ways and Means a fiscal statement on the bill.

5.13 BILLS PROPOSING MEMORIALS. Any bill or amendment that proposes to have a memorial erected in the Capitol area shall be referred to the Committee on Rules and Legislative Administration.

5.14 RECESS BILL INTRODUCTIONS. During the period between the last day of the session in 1995 and the first day of the session in 1996, any bill filed with the Speaker for introduction shall be given a file number and may be unofficially referred to an appropriate standing committee of the House of Representatives.

5.15 BILLS PROPOSING CONSTITUTIONAL AMENDMENTS. Any bill, whether originating in the House or Senate, which proposes a constitutional amendment, after being reported to the House, shall be referred, or re-referred, as the case may be, to the Committee on Rules and Legislative Administration for action by that committee. Any committee, other than the Committee on Rules and Legislative Administration, to which such bill has been referred, shall, in its report, recommend re-referral to the Committee on Rules and Legislative Administration.

6.01 COMMITTEES. Standing committees of the House shall be appointed by the Speaker as follows:

Agriculture

Capital Investment

Claims

Commerce, Tourism and Consumer Affairs

Division:Business Regulation

Economic Development, Infrastructure and Regulation Finance

Division:Transportation Finance

Education

Divisions:K-12 Education Finance

Higher Education Finance

University of Minnesota Finance

Environment and Natural Resources

Environment and Natural Resources Finance

Ethics

Financial Institutions and Insurance

General Legislation, Veterans Affairs and Elections

Division:Elections

Governmental Operations

Divisions:Gambling

State Government Finance

Health and Human Services

Divisions:Health and Human Services Finance

MinnesotaCare Finance

Housing

International Trade and Economic Development

Judiciary

Judiciary Finance

Labor-Management Relations

Local Government and Metropolitan Affairs

Regulated Industries and Energy

Rules and Legislative Administration

Taxes

Divisions:Property Tax and Tax Increment Financing

Sales and Income Tax

Transportation and Transit

Ways and Means

Division:Government Efficiency and Oversight

6.02 COMMITTEE MEMBERSHIP. No less than 30 days prior to the opening of a regular session of the Legislature, the Speaker-designate shall provide the minority group with a list of the standing committees proposed for the session. The Speaker-designate shall also designate the number of minority members to be appointed to each committee and may require general membership guidelines to be followed in the selection of committee members.

If the minority leader submits to the Speaker-designate, at least 15 days prior to the opening of the session, a list of proposed committee assignments for the minority group, which complies with the numbers and guidelines provided, the Speaker shall make such proposed assignments with the purpose of attaining proportionate representation on the committees for the minority group.

No committee of the House shall have exclusive membership from any one profession, occupation or vocation.

A member may not serve as the chair of the same standing committee, or a standing committee with substantially the same jurisdiction, during more than three consecutive regular biennial sessions. Service as the chair before the 79th legislature does not count in applying this limitation. Service during a biennial session for less than three months does not count in applying this limitation. This rule does not apply to service as chair of the Committee on Rules and Legislative Administration or the Committee on Ways and Means.

6.03 COMMITTEE MEETING SCHEDULE. The Speaker shall prepare a schedule of committee meetings, fixing as far as practicable the day of the week and the hour for the regular meeting time of each committee. The schedule of committee meetings shall officially be made available to the news media. The chair of any committee holding a special meeting or making a change in the regular schedule of meetings shall give written notice which may be announced from the desk and shall be posted on the bulletin board at least one day in advance of the change.

The chair of each committee, division, or subcommittee shall as far as practicable give three days notice of any meeting. The notice shall include the date, time, place and agenda for the meeting.

No committee may meet between 12:00 midnight and 7:00 in the morning.

6.04 COMMITTEE PROCEDURES. Meetings of all committees of the House shall be open to the public except for any executive sessions which the committee on ethics deems necessary. For purposes of this requirement, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the committee, except that this requirement does not apply to a meeting of a caucus of members of a committee from the same political party.

A majority of members of any committee shall constitute a quorum.

The Rules of the House shall be observed in all committees wherever they are applicable.

Any member of any committee may demand a roll call on any bill, resolution, report, motion or amendment before the committee. Only upon such demand being made shall the roll be called and the vote of each member on the bill, resolution, report, motion or amendment be recorded in the committee minutes, together with the name of the member demanding the roll call.

A committee may reconsider any action so long as the matter remains in the possession of the committee. A committee member need not have voted with the prevailing side in order to move reconsideration.

6.05 SUBCOMMITTEES. The chair of a committee shall appoint the chair and members of each subcommittee with the advice and consent of the Speaker. The chair or the committee may refer bills to subcommittee. Any subcommittee may make such investigation or exercise such authority as is delegated to it by the chair or the committee.

6.06 COMMITTEE RECORDS. The chair of a standing committee shall cause a record to be kept, in the form prescribed by the Committee on Rules and Legislative Administration, which shall include the record of each bill referred to the committee and the minutes of the committee. The minutes shall include:

a. The time and place of each hearing or meeting of the committee;

b. Committee members present;

c. The name and address of each person appearing before the committee, together with the name and address of the person, association, firm or corporation in whose behalf the appearance is made;

d. The language of each motion, the name of the committee member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

e. The date on which any subcommittee is created, the names of its members and the bills referred to it;

f. The record of each subcommittee meeting, including the time and place of the meeting; members present; the name of each person appearing before the subcommittee, together with the name of the person, association, firm or corporation in whose behalf the appearance is made; and the language of each motion, together with the name of the member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

g. Other important matters related to the work of the committee.

The minutes shall be approved at the next regular meeting of the committee.

Copies of the minutes, after approval by the committee, shall be filed with the Chief Clerk and shall be open to public inspection in the Chief Clerk's office. At the end of the biennium they shall be delivered, together with the other committee records, to the Director of the Legislative Reference Library, where they shall remain open for public inspection during regular office hours. A copy of any page of any committee minutes may be obtained upon payment of a fee determined by the Chief Clerk to be adequate to cover the cost of preparing the copy.

The magnetic tape recording of any committee meetings shall be retained by the chair until the minutes of that meeting have been approved by the committee. The recording shall then be filed with the Director of the Legislative Reference Library. A copy of the committee recording shall be filed within 24 hours if written request is made to the committee. Tapes filed with the Legislative Reference Library shall be kept by the library for eight years after which they shall be delivered to the Director of the Minnesota Historical Society.

Any person may obtain a copy of such tape during the period in which it is maintained in the Legislative Reference Library upon payment of a fee determined by the Chief Clerk to be sufficient to cover the cost of the copy. Testimony and discussion preserved under this rule is not intended to be admissible in any court or administrative proceeding on an issue of legislative intent.

6.07 COMMITTEE REPORTS. The chair of a standing committee reporting to the House the action taken by the committee upon any bill or resolution referred to it shall do so upon the form provided for such reports. Each bill or resolution shall be reported separately and the report shall be adopted or rejected without amendment.

The report shall contain the action taken by the committee and the date of such action and shall be authenticated by the signature of the chair.

Before a committee reports favorably upon a bill or resolution, the chair shall see that the form of the bill or resolution conforms to the Joint Rules of the House and Senate and these Rules.

Except during the last seven legislative days in any year, the committee report and any minority report shall be placed in the hands of the Chief Clerk at least four hours prior to the convening of the daily session.

The Committee on Rules and Legislative Administration may report at any time.

If a majority of the members of a standing committee finds a bill referred to the committee to be of a non-controversial nature, the report to the House may recommend that the bill be placed upon a separate calendar to be known as the Consent Calendar.

6.08 COMMITTEE BILLS. Any standing or special committee of the House may introduce a bill as a committee bill on any subject within its purview.

6.09 SUBSTITUTION OF BILLS. No standing or special committee nor any of its members shall report a substitute for any bill referred to the committee if the substitute relates to a different subject, is intended to accomplish a different purpose, or would require a title essentially different from that of the original bill. Whenever the House is advised that a substitute bill reported to the House is in violation of this rule, the report shall not be adopted.

6.10 THE COMMITTEE ON ETHICS. The Speaker shall appoint a Committee on Ethics. An equal number of members from the majority group and the minority group and one alternate from each group shall be appointed to the Ethics Committee. The committee shall adopt written procedures, which shall include due process requirements, for handling complaints and issuing guidelines.

Complaints regarding a member's conduct must be submitted in writing to the Speaker verified and signed by two or more members of the House and shall be referred to the committee within 15 days for processing by the committee according to its rules of procedure. Prior to referring the matter to the committee, the Speaker shall inform the member against whom a question of conduct has been raised of the complaint and the complainant's identity. The Speaker, the members making the complaint, the members of the committee, and employees of the House shall hold the complaint in confidence until the committee or the member subject of the complaint cause a public hearing to be scheduled. A complaint of a breach of the confidentiality requirement by a member or employee of the House shall be immediately referred by the Speaker to the Ethics Committee for disciplinary action. The committee shall act in an investigatory capacity and may make recommendations regarding questions of ethical conduct received prior to adjournment sine die.

Ethics Committee recommendations for disciplinary action shall be referred to the Committee on Rules and Legislative Administration, which may adopt, amend, or reject the recommendations of the Ethics Committee. Recommendations adopted by the Committee on Rules and Legislative Administration to expel, censure, or reprimand shall be reported to the House for final disposition.

6.11 CONFERENCE COMMITTEES. A conference committee may report at any time. No committee except a conference committee or the Committee on Rules and Legislative Administration shall sit during any daily session of the House without leave.

A conference committee report shall include only subject matter contained in the House or Senate versions of the bill for which that conference committee was appointed, or like subject matter contained in a bill passed by the House or Senate. The member presenting the conference committee report to the House shall disclose all substantive changes from the House version of the bill.

In regular session in 1995 except after Monday, May 15, and in 1996 except after ....., a written copy of a report of a conference committee shall be placed on the desk of each member of the House 24 hours before action on the report by the House. If the report has been reprinted in the Journal of the House for a preceding day and is available to the members, the Journal copy shall serve as the written report.

6.12 COMMITTEE BUDGETS AND EXPENSES. The Committee on Rules and Legislative Administration shall establish a budget for each standing committee of the House for expenses incurred by the committee, its members, or its staff in conducting its legislative business. Per diem expense allowances paid to members during sessions or at times set by the Speaker shall not be charged against the budget. No committee shall incur expenses in excess of its authorized budget.

Employees shall be reimbursed for actual expenses in the same manner as state employees.

During sessions, for travel away from the Capitol, members shall be reimbursed for actual expenses in the same manner as state employees in addition to per diem expense allowances.

All charges against the committee budget must be approved by the chair before payment is made.

6.13 PUBLIC TESTIMONY. Public testimony from proponents and opponents shall be allowed on every bill or resolution before either a standing committee, division or subcommittee of the House.

6.14 OPEN MEETING ENFORCEMENT. Any person may submit to the Speaker a complaint that a violation of the open meeting requirements of Rule 6.04 has occurred. The complaint must be submitted in writing. Upon receiving a complaint, the Speaker, or a person designated by the Speaker, shall investigate the complaint promptly. If the Speaker concludes, following investigation, that a violation of the open meeting rule may have occurred, the Speaker shall refer the complaint to the Committee on Ethics for further proceedings.

7.01 DUTIES AND PRIVILEGES OF THE SPEAKER. The Speaker shall preside over the House and shall have all the powers and be charged with all the duties of the presiding officer.

The Speaker shall preserve order and decorum. The Speaker or the chair of the Committee of the Whole may order the lobby or galleries cleared in the case of disorderly conduct or other disturbance.

Except as provided by rule or law, the Speaker shall have general control of the Chamber of the House and of the corridors, passages and rooms assigned to the use of the House.

The Speaker shall sign all acts, addresses, joint resolutions, writs, warrants and subpoenas of the House or issued by order of the House. The Speaker shall sign all abstracts for the payment of money out of the legislative expense fund of the House; but no money shall be paid out of the fund unless the abstract is also signed by the Controller of the House. Abstracts for compensation for members shall be signed by the Chief Clerk pursuant to law.

The Speaker shall appoint the Chief Sergeant at Arms or shall designate that officer from among the Sergeants at Arms elected by the House or appointed by the Committee on Rules and Legislative Administration.

When an elected office of the House becomes vacant, the Speaker shall designate a person to exercise the powers and discharge the duties of the office as necessary until a successor is elected by the House.

7.02 SPEAKER PRO TEMPORE. The Speaker shall appoint a member to preside, whenever the Speaker is absent, as Speaker pro tempore. In the absence of the Speaker and Speaker pro tempore, a member selected by the Speaker shall preside until the return of the Speaker or Speaker pro tempore. If desired, the Speaker may appoint cospeakers pro tempore.

7.03 DUTIES OF CHIEF CLERK. The Chief Clerk shall have general supervision of all clerical duties pertaining to the business of the House. The Chief Clerk shall perform under the direction of the Speaker all the duties pertaining to the office of Chief Clerk and shall keep records showing the status and progress of all bills, memorials and resolutions.

During a temporary absence of the Chief Clerk, the First Assistant Chief Clerk shall be delegated all the usual responsibilities of the Chief Clerk and is authorized to sign the daily journal, enrollments, abstracts and other legislative documents.

7.04 ENGROSSMENT AND ENROLLMENT. The Chief Clerk of the House shall have supervision over the engrossment and enrollment of bills. The Chief Clerk shall cause to be kept a record by file number of the bills introduced in the House which have passed both houses and been enrolled.

7.05 BUDGET AND FINANCIAL AFFAIRS. The House Controller shall prepare a biennial budget for the House which must be approved by the Committee on Rules and Legislative Administration before it is submitted to the Committee on Governmental Operations for consideration by the State Government Finance Division. By the 15th day of April, July, October, and January of each year, the House Controller shall submit a detailed report of House expenditures during the previous quarter to the Speaker and the Committee on Rules and Legislative Administration.

The House Controller shall arrange for the purchase of goods and services. The Controller shall seek the lowest possible prices consistent with satisfactory quality and dependability. A contract of the House, or an amendment to a contract, authorizing an expenditure in excess of $500 must be signed by the Speaker or the Controller. A contract, or an amendment to a contract, authorizing an expenditure of up to $500 may be executed by an employee authorized and directed in writing by the Controller to act for the Controller with respect to the contract or type of contract. A contract or amendment entered into in violation of this rule is not binding on the House.

7.06 BULLETIN BOARD. The Chief Clerk shall prepare a bulletin board upon which shall be posted a list of committee and subcommittee meetings and any other announcements or notices the House may require.

7.07 INDEX. The Index Clerk, under the supervision of the Chief Clerk, shall prepare an index in which bills may be indexed by topic, number, author, subject, section of the code amended, committees, and any other subject that will make it a complete and comprehensive index. The index shall be open for public inspection at all times during the session and shall be printed in the permanent Journal of the House.

7.08 DUTIES OF THE SERGEANT AT ARMS. It shall be the duty of the Sergeant at Arms to carry out all orders of the House or the Speaker and to perform all other services pertaining to the office of Sergeant at Arms, including maintaining order in the Chamber and other areas used for the business of the House and its committees and members and supervising entering and exiting from the Chamber and the other areas and the prompt delivery of messages.

7.09 SUCCESSOR IN OFFICE OF SPEAKER. When the office of Speaker becomes vacant, the Chair of the Committee on Rules and Legislative Administration shall exercise the powers and discharge the duties of the office as necessary, until a Speaker is elected by the House or until a speaker-designate is selected as provided in this Rule. The House shall elect a Speaker when the House is next called to order. If the Legislature is not in session, within 30 days after the office of Speaker becomes vacant the Committee on Rules and Legislative Administration shall meet and select a speaker-designate to exercise the powers and discharge the duties of the office as necessary until a Speaker is elected by the House.

8.01 APPOINTMENT OF EMPLOYEES. The Committee on Rules and Legislative Administration shall designate the position of and appoint each employee of the House and set the compensation of each officer and employee. A record of all such appointments, including positions and compensation, shall be kept in the office of the House Controller and shall be open for inspection by the public.

The Committee on Rules and Legislative Administration, by resolution, shall establish the procedure for filling vacancies when the Legislature is not in session.

Any employee of the House may be assigned to other duties, suspended or discharged at any time by the Committee on Rules and Legislative Administration.

9.01 RULE AS TO CONSTRUCTION. As used in these Rules the terms "majority vote" and "vote of the House" shall mean a majority of members present at the particular time. The term "vote of the whole House" shall mean a majority vote of all the members elected to the House for that particular session of the Legislature.

Singular words used in these Rules shall include the plural, unless the context indicates a contrary intention.

9.02 MEDIA NEWS REPORTERS. Accredited representatives of the press, press associations, and radio and television stations shall be accorded equal press privileges by the House. Any person wishing to report proceedings of the House may apply to the Committee on Rules and Legislative Administration for a press pass and assignment to suitable available space.

Television stations shall be permitted to televise sessions of the House. Media representatives shall be allowed access to both wells in the gallery of the House chambers.

9.03 DEADLINES. In regular session in 1995, committee reports on bills favorably acted upon by a committee in the house of origin after Friday, March 31, and committee reports on bills originating in the other house favorably acted upon by a committee after Friday, April 7, shall be referred in the House of Representatives to the Committee on Rules and Legislative Administration for disposition. In 1996, committee reports on bills favorably acted upon by a committee of the house of origin after ....., and committee reports on bills originating in the other house favorably acted upon by a committee after ....., shall be referred in the House of Representatives to the Committee on Rules and Legislative Administration for disposition. However, referral is not required after the first deadline when, by the second deadline, a committee acts on a bill that is a companion to a bill that has then been acted upon by the first deadline in the Senate. A finance or revenue bill referred to in Rule 5.08 is exempt from the first and second deadlines.

A finance bill other than a major finance or revenue bill referred to in Rule 5.12 in finance committees and standing committees with finance divisions and the Committee on Taxes, that includes provisions that create or reestablish a commission, board, task force, advisory committee or council, or other entity, shall be re-referred to the Committee on Rules and Legislative Administration if it remains in committee after the deadlines set by this rule.

Committee reports on finance bills that are favorably acted upon by a committee after Friday, April 21, 1995, shall be referred to the Committee on Rules and Legislative Administration for disposition. This deadline does not apply to the House Committees on Taxes and Ways and Means.

9.04 DISPOSITION OF BILLS. Adjournment of the regular session in 1995 to a day certain in 1996 shall be equivalent to daily adjournment except that any bill on the Consent Calendar, Calendar, Special Orders or General Orders shall be returned to the standing committee last acting on the bill.

9.05 AUTHORIZED MANUAL OF PARLIAMENTARY PROCEDURE. The rules of parliamentary procedure contained in "Mason's Manual of Legislative Procedure" shall govern the House in all applicable cases in which they are not inconsistent with these Rules, the Joint Rules of the Senate and House of Representatives, or established custom and usage.

10.01 SOLICITATIONS DURING LEGISLATIVE SESSION. No member of the House, nor the member's principal campaign committee, nor any other political committee with the member's name or title, nor any committee authorized by the member which would benefit the member, shall solicit or accept a contribution on behalf of the member's principal campaign committee, any other political committee with the member's name or title, or any political committee authorized by the member which would benefit the member, from a registered lobbyist, political committee, or political fund during the regular session of the House.

No member may accept compensation for lobbying.

10.02 ACCEPTANCE OF AN HONORARIUM BY A MEMBER. No member may accept an honorarium for any service performed for an individual or organization which has a direct interest in the business of the House, including, but not limited to, registered lobbyists or any organizations they represent. The term "honorarium" does not include reimbursement for expenses incurred and actually paid by a member in performing any service.

Alleged violations of this rule shall be referred to the Committee on Ethics under Rule 6.10. Upon finding that an honorarium was accepted in violation of this rule, the Committee on Ethics shall direct the return of the funds. If the funds are not returned, the committee may recommend disciplinary action under Rule 6.10.

10.03 ACCEPTANCE OF TRAVEL AND LODGING BY A MEMBER OR EMPLOYEE. A member or employee of the House shall not accept travel and lodging from any foreign government, private for-profit business, labor union, registered lobbyist, or any association thereof, except for expenses that relate to the member's or employee's participation as a legislator or legislative employee in a meeting or conference. This rule does not apply to travel and lodging provided to a member in the regular course of the member's employment or business.

Carruthers moved that the bills on the Consent Calendar for today be continued. The motion prevailed.

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

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

Lynch moved that the name of Mares be added as an author on H. F. No. 272. The motion prevailed.

Tunheim moved that the name of Jacobs be stricken and his name be shown as chief author on H. F. No. 435. The motion prevailed.

Pelowski moved that his name be stricken as an author on H. F. No. 657. The motion prevailed.

Johnson, R., moved that the names of Hackbarth and Jefferson be added as authors on H. F. No. 755. The motion prevailed.

Anderson, I., moved that his name be stricken as an author on H. F. No. 787. The motion prevailed.

Bishop moved that the name of Davids be added as an author on H. F. No. 838. The motion prevailed.

Luther moved that the name of Carruthers be stricken and the name of Rhodes be added as an author on H. F. No. 848. The motion prevailed.

Lourey moved that the name of Jaros be stricken and the name of Molnau be added as an author on H. F. No. 885. The motion prevailed.

Delmont moved that the name of Mulder be added as an author on H. F. No. 1038. The motion prevailed.

Orenstein moved that the name of Mulder be added as an author on H. F. No. 1059. The motion prevailed.

Greenfield moved that the name of Cooper be shown as chief author on H. F. No. 1077. The motion prevailed.

Molnau moved that her name be stricken as an author on H. F. No. 1139. The motion prevailed.

Opatz moved that the name of Bettermann be added as an author on H. F. No. 1151. The motion prevailed.

Osthoff moved that the name of Dawkins be added as an author on H. F. No. 1229. The motion prevailed.

Pelowski moved that his name be stricken as an author on H. F. No. 1245. The motion prevailed.

Milbert moved that the name of Abrams be added as an author on H. F. No. 1260. 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 negative on Thursday, March 9, 1995, when the vote was taken on the adoption of Senate Concurrent Resolution No. 6." The motion prevailed.

Brown moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, March 6, 1995, when the vote was taken on the final passage of H. F. No. 670." The motion prevailed.

Solberg moved that H. F. No. 248, now on General Orders, be re- referred to the Committee on Ways and Means. The motion prevailed.

Solberg moved that H. F. No. 677, now on Technical General Orders, be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance. The motion prevailed.

Tunheim moved that H. F. No. 971, now on Technical General Orders, be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance. The motion prevailed.

Hausman moved that H. F. No. 1273 be recalled from the Committee on Regulated Industries and Energy and be re-referred to the Committee on Taxes. The motion prevailed.

Carruthers moved that when the House adjourns today it adjourn until 12:30 p.m., Wednesday, March 15, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:30 p.m., Wednesday, March 15, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

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