Farrell, Kelso and Perlt were excused.

The Chief Clerk proceeded to read the Journals of the preceding days. Tuma moved that further reading of the Journals be suspended and that the Journals be approved as corrected by the Chief Clerk. The motion prevailed.

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

H. F. No. 142, A bill for an act relating to elections; changing the dates of precinct caucuses, the state party nominating election and primary, and the presidential primary; changing the deadline for delivery of absentee ballots; providing for distribution of a caucus guide and a voters' guide; changing requirements for names appearing on the

state party nominating election ballot; changing certain terminology; providing for a presidential primary by mail; increasing the filing fee for an affidavit of candidacy; changing certain duties and procedures; appropriating money; amending Minnesota Statutes 1994, sections 202A.14, subdivision 1; 204B.03; 204B.06, subdivisions 2, 5, and 7; 204B.08, subdivisions 1 and 2; 204B.09, subdivision 1; 204B.10, subdivisions 2, 3, and 4; 204B.11; 204B.12, subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.45, subdivision 3, and by adding a subdivision; 204D.03, subdivision 1; 204D.08, subdivision 4; 207A.01; 207A.02, subdivision 1a; 207A.03; 207A.04, subdivision 3; 207A.06, subdivision 2; 207A.08; and 207A.09; proposing coding for new law in Minnesota Statutes, chapters 202A; 204B; and 207A; repealing Minnesota Statutes 1994, section 207A.07.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 204B.03, is amended to read:

204B.03 [MANNER OF NOMINATION.]

Subdivision 1. [MAJOR POLITICAL PARTY CANDIDATES FOR LEGISLATIVE OFFICE; CANDIDATES FOR NONPARTISAN OFFICE.] Candidates of a major political party for any partisan office except presidential elector, congressional, and state constitutional office and all candidates for nonpartisan office shall apply for a place on the primary ballot by filing an affidavit of candidacy as provided in section 204B.06, and except as otherwise provided in section 204D.07, subdivision 3, shall be nominated by primary.

Subd. 2. [MAJOR POLITICAL PARTY CANDIDATES FOR CONGRESSIONAL AND STATE CONSTITUTIONAL OFFICES.] Major political party candidates endorsed for congressional and state constitutional office shall appear on the state party nominating ballot by party certification under section 204B.05, subdivision 2. Major political party candidates for congressional and state constitutional office who are not endorsed shall apply for a place on the state party nominating ballot by party notification as a qualified candidate under section 204B.05, subdivision 4, and by filing an affidavit of candidacy as provided in section 204B.06; or by filing an affidavit of candidacy and a petition under section 204B.05, subdivisions 6 and 7.

Subd. 3. [CANDIDATES NOT SEEKING NOMINATION OF A MAJOR POLITICAL PARTY.] Candidates for any partisan office who do not seek the nomination of a major political party shall be nominated by nominating petition as provided in sections 204B.07 and 204B.08, and, except for presidential elector candidates, shall file an affidavit of candidacy as provided in section 204B.06.

Sec. 2. [204B.05] [FILING FOR PRIMARY; MAJOR PARTY CANDIDATES FOR CONGRESSIONAL AND STATE CONSTITUTIONAL OFFICE.]

Subdivision 1. [NOTICE OF CONGRESSIONAL AND STATE CONSTITUTIONAL OFFICES TO BE ELECTED.] By February 15 of each even-numbered year, the secretary of state shall send a notice of the congressional and state constitutional offices to be elected at the state general election to the state chair of each major political party.

Subd. 2. [CERTIFICATION OF ENDORSED CANDIDATES.] No later than 56 days before the state party nominating election, the state chair of each major political party shall certify to the secretary of state the names of every person who was endorsed as a candidate for a congressional or state constitutional office at the appropriate party endorsing convention according to the party rules.

Subd. 3. [FORM OF CERTIFICATION.] The certification of endorsed candidates must include the name of the candidate as it is to appear on the ballot and the name of the office sought. The certification must also include a statement that each candidate meets the qualifications for the office sought. The certification must be prepared by the party chair in the manner provided by the secretary of state.

Subd. 4. [NOTIFICATION OF CANDIDATES.] No later than 56 days before the state party nominating election, the state chair of each major political party shall notify the secretary of state of the names of every person who received at least 20 percent of the votes on any ballot at the appropriate party endorsing convention for a congressional or state constitutional office according to the party rules. A notice must also be sent to each affected candidate by the state party chair. The notification must include a statement that the candidate meets the qualifications for the office sought. The notification must be prepared by the party chair in the manner required by the secretary of state.

Subd. 5. [ELIGIBILITY OF CANDIDATES.] No candidate shall be certified or receive notification by a major political party who does not meet the constitutional and statutory requirements for the office sought.

Subd. 6. [FILING BY PETITION.] Any eligible voter whose name is not certified or who does not receive notification by a major political party as provided in subdivision 2 or 4 may obtain access to the state party nominating ballot for a congressional or state constitutional office by filing an affidavit of candidacy and a petition.

The petition must include the signatures of at least ten percent of the number of persons voting for the nomination of the office sought at the last state party nominating election. By February 15 of each even-numbered year, the secretary of state shall determine the minimum number of signatures required for persons submitting petitions as provided in this subdivision.

Subd. 7. [FORM OF PETITION.] The petition required by subdivision 6 must include the following information: candidate's name, candidate's address, party name, and office sought. The petition must include the following oath or affirmation of the signers: "Under penalty of perjury, I solemnly swear (or affirm) that I know the contents and purpose of this petition, that I either participated in the most recent precinct caucus for the party listed on the petition or intend to vote for a majority of that party's candidates at the next state general election, and that I signed this petition of my own free will." An individual who, in signing a petition, makes a false oath is guilty of perjury.

Petitions submitted under this subdivision must be in the form specified by the secretary of state, who shall prepare samples of the form.

Sec. 3. Minnesota Statutes 1994, section 204B.06, subdivision 5, is amended to read:

Subd. 5. [UNITED STATES SENATOR; TWO CANDIDATES AT SAME ELECTION.] When two candidates are to be elected United States senators from this state at the same election, each individual filing who is certified by a major political party or who files for the nomination shall state in the affidavit of candidacy the term for which the individual desires to be a candidate, by stating the date of the expiration of the term.

Sec. 4. Minnesota Statutes 1994, section 204B.06, subdivision 7, is amended to read:

Subd. 7. [GOVERNOR AND LIEUTENANT GOVERNOR.] An individual who is certified by a major political party or who files as a candidate for governor or lieutenant governor shall be certified as a team or file the affidavit of candidacy jointly with the affidavit of another individual who seeks nomination as a candidate for the other office.

Sec. 5. Minnesota Statutes 1994, section 204B.08, subdivision 1, is amended to read:

Subdivision 1. [TIME FOR SIGNING.] Nominating Petitions shall be signed during the period when petitions may be filed as provided in section 204B.09.

Sec. 6. Minnesota Statutes 1994, section 204B.08, subdivision 2, is amended to read:

Subd. 2. [QUALIFICATIONS OF SIGNERS.] A nominating petition may be signed only by individuals who are eligible to vote for the candidate who is nominated named on the petition. No individual may sign more than one nominating petition for candidates for the same office unless more than one candidate is to be elected to that office. If more than one candidate is to be elected to the office, an individual may sign as many petitions as there are candidates to be elected.

Sec. 7. Minnesota Statutes 1994, section 204B.09, subdivision 1, is amended to read:

Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL ELECTIONS.] Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state and federal offices filled at the state general election shall be filed not more than 70 days nor less than 56 days before the state primary party nominating election. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period. Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer.

The petitions authorized by section 204B.05 may be signed no earlier than 98 days before the state party nominating election and must be filed with the secretary of state no later than 56 days before the state party nominating election. Candidates for presidential electors may file petitions on or before the state primary day. Nominating petitions to

fill vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing. Affidavits and petitions for county, legislative, and judicial offices to be voted on in only one county shall be filed with the county auditor of that county. Affidavits and petitions for congressional offices and all other state and federal offices to be voted on in more than one county shall be filed with the secretary of state.

Sec. 8. Minnesota Statutes 1994, section 204B.10, subdivision 2, is amended to read:

Subd. 2. [NOMINATING PETITIONS; ACKNOWLEDGMENT; NUMBERING.] On the day a nominating petition is filed, the election official shall deliver or mail an acknowledgment of the petition to the individual who files it and to the candidate who is to be nominated. The election official shall also number the petitions in the order received. The petitions shall be retained as provided in section 204B.40, and shall be available for public inspection during that period.

Sec. 9. Minnesota Statutes 1994, section 204B.10, subdivision 3, is amended to read:

Subd. 3. [INSPECTION.] The official with whom nominating petitions are filed shall inspect the petitions in the order filed to verify that there are a sufficient number of signatures of individuals whose residence address as shown on the petition is in the district where the candidate is to be nominated.

Sec. 10. Minnesota Statutes 1994, section 204B.10, subdivision 4, is amended to read:

Subd. 4. [CERTIFICATION.] The secretary of state shall certify to the county auditor of each county the names of all candidates nominated by petitions filed with the secretary of state. Certification of candidates filing petitions as provided in section 204B.05, subdivision 6, shall be made at the same time that the secretary of state certifies candidates for the state party nominating election. Certification of candidates nominated by petition shall be made at the same time as the secretary of state certifies the names of candidates who are nominated at the primary.

Sec. 11. Minnesota Statutes 1994, section 204B.11, is amended to read:

204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF FILING FEE.]

Subdivision 1. [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] Except as provided by subdivision 2, a filing fee shall be paid by each candidate who files an affidavit of candidacy. Candidates filing affidavits of candidacy must pay the fee shall be paid at the time the affidavit is filed. Candidates whose names are certified to the secretary of state as provided in section 204B.05, subdivision 2, must pay the fee no later than 56 days before the state party nominating election. The amount of the filing fee shall vary with the office sought as follows:

(a) for the office of governor, lieutenant governor, attorney general, state auditor, state treasurer, secretary of state, representative in Congress, judge of the supreme court, judge of the court of appeals, judge of the district court, or judge of the county municipal court of Hennepin county, $300;

(b) for the office of senator in Congress, $400;

(c) for office of senator or representative in the legislature, $100;

(d) for a county office, $50; and

(e) for the office of soil and water conservation district supervisor, $20.

For the office of presidential elector, and for those offices for which no compensation is provided, no filing fee is required.

The filing fees received by the county auditor shall immediately be paid to the county treasurer. The filing fees received by the secretary of state shall immediately be paid to the state treasurer.

When an affidavit of candidacy has been filed with the appropriate filing officer and the requisite filing fee has been paid, The filing fee shall not be refunded. If a candidate's filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient funds are not available or that is dishonored, notice to the candidate of the worthless instrument must be sent by the filing officer via registered mail no later than immediately upon the closing

of the filing deadline with return receipt requested. The candidate will have five days from the time the filing officer receives proof of receipt to issue a check or other instrument for which sufficient funds are available. The candidate issuing the worthless instrument is liable for a service charge pursuant to section 332.50. If adequate payment is not made, the name of the candidate must not appear on any official ballot and the candidate is liable for all costs incurred by election officials in removing the name from the ballot.

Subd. 2. [PETITION IN PLACE OF FILING FEE.] At the time of filing an affidavit of candidacy, A candidate may present a petition in place of the filing fee. The petition may be signed by any individual eligible to vote for the candidate. A nominating petition filed pursuant to section 204B.07 or 204B.13, subdivision 4, or a petition submitted to the secretary of state as provided in section 204B.05, subdivision 6, is effective as a petition in place of a filing fee if the nominating petition includes a prominent statement informing the signers of the petition that it will be used for that purpose.

The number of signatures on a petition used solely in place of a filing fee shall be as follows:

(a) for a state office voted on statewide, or for president of the United States, or United States senator, 2,000;

(b) for a congressional office, 1,000;

(c) for a county or legislative office, or for the office of district, county, or county municipal judge, 500; and

(d) for any other office which requires a filing fee as prescribed by law, municipal charter, or ordinance, the lesser of 500 signatures or five percent of the total number of votes cast in the municipality, ward, or other election district at the preceding general election at which that office was on the ballot.

An official with whom petitions are filed shall make sample forms for petitions in place of filing fees available upon request.

Subd. 3. [RULES.] The secretary of state shall adopt rules to determine a method for verifying the signatures on nominating petitions and petitions in place of filing fees under this chapter.

Sec. 12. Minnesota Statutes 1994, section 204B.12, subdivision 1, is amended to read:

Subdivision 1. [BEFORE PRIMARY.] A candidate may withdraw from the primary ballot by filing an affidavit of withdrawal with the same official who received the party certification or affidavit of candidacy. The affidavit shall request that official to withdraw the candidate's name from the ballot and shall be filed no later than three days the day after the last day for filing for the office.

Sec. 13. Minnesota Statutes 1994, section 204B.33, is amended to read:

204B.33 [NOTICE OF FILING.]

(a) Between June 1 and July 1 in each even numbered year No later than 15 weeks before the state party nominating election, the secretary of state shall notify each county auditor of the offices to be voted for in that county at the next state general election for which candidates file with the secretary of state. The notice shall include the time and place of filing for those offices. Within ten days after notification by the secretary of state, each county auditor shall notify each municipal clerk in the county of all the offices to be voted for in the county at that election and the time and place for filing for those offices. The county auditors and municipal clerks shall promptly post a copy of that notice in their offices.

(b) At least two weeks before the first day to file an affidavit of candidacy, the county auditor shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the county auditor's office and the closing time for filing on the last day for filing. The county auditor shall post a similar notice at least ten days before the first day to file affidavits of candidacy.

Sec. 14. Minnesota Statutes 1994, section 204D.03, subdivision 1, is amended to read:

Subdivision 1. [STATE PARTY NOMINATING ELECTION AND PRIMARY.] The state party nominating election and primary shall be held on the first second Tuesday after the second Monday in September June in each even-numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors.

Sec. 15. Minnesota Statutes 1994, section 204D.08, subdivision 4, is amended to read:

Subd. 4. [STATE PARTISAN PRIMARY PARTY NOMINATING ELECTION BALLOT; PARTY COLUMNS.] The state partisan primary party nominating election ballot shall be headed by the words "State Partisan Primary Party Nominating Election Ballot." The ballot shall be printed on white paper. There must be at least three vertical columns on the ballot and each major political party shall have a separate column headed by the words ".......... Party," giving the party name. Above the party names, the following statement shall be printed.

"Minnesota election law permits you to vote for the candidates of only one political party in a state partisan primary party nominating election."

If there are only two major political parties to be listed on the ballot, one party must occupy the left-hand column, the other party must occupy the right-hand column, and the center column must contain the following statement:

"Do not vote for candidates of more than one party."

The names of the candidates seeking the nomination of each major political party shall be listed in that party's column. The name of a candidate who was endorsed by a major political party must be followed by the term "endorsed," unless the candidate files an affidavit requesting that the candidate's name not be followed by the term "endorsed." If only one individual files an affidavit of candidacy seeking the nomination of a major political party for an office, the name of that individual shall be placed on the state partisan primary ballot at the appropriate location in that party's column.

In each column, the candidates for senator in Congress shall be listed first, candidates for representative in Congress second, candidates for state senator third, candidates for state representative fourth and then candidates for state office in the order specified by the secretary of state.

The party columns shall be substantially the same in width, type, and appearance. The columns shall be separated by a 12-point solid line.

Sec. 16. [INSTRUCTION TO REVISOR.]

The revisor of statutes shall change the terms in column A to the corresponding terms in column B wherever they appear in Minnesota Statutes or Minnesota Rules.

Column A Column B

"state primary" "state party nominating election and primary"

"state partisan primary""state party nominating election"

Sec. 17. [REPEALER.]

Minnesota Statutes 1994, sections 204B.06, subdivision 1a; 207A.01; 207A.02; 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 207A.10, are repealed.

Sections 1 and 2 are repealed December 31, 1996."

Delete the title and insert:

"A bill for an act relating to elections; changing the date of the state party nominating election and primary; changing requirements for names appearing on the state party nominating election ballot; changing certain terminology; repealing the presidential primary; amending Minnesota Statutes 1994, sections 204B.03; 204B.06, subdivisions 5 and 7; 204B.08, subdivisions 1 and 2; 204B.09, subdivision 1; 204B.10, subdivisions 2, 3, and 4; 204B.11; 204B.12, subdivision 1; 204B.33; 204D.03, subdivision 1; and 204D.08, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 204B; repealing Minnesota Statutes 1994, sections 204B.06, subdivision 1a; 207A.01; 207A.02; 207A.03; 207A.04; 207A.06; 207A.07; 207A.08; 207A.09; and 207A.10."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 361, A bill for an act relating to the environment; clarifying that contamination cleanup grants also cover costs incurred in developing a response action plan and cleanup costs incurred prior to the award of a grant in limited cases; amending Minnesota Statutes 1994, section 116J.552, subdivision 2.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

H. F. No. 365, A bill for an act relating to insurance; no-fault auto; regulating priorities of coverage for taxis; amending Minnesota Statutes 1994, section 65B.47, subdivision 1a.

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

The report was adopted.

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

H. F. No. 368, A bill for an act relating to the environment; providing for an annual funding allocation to soil and water conservation districts; amending Minnesota Statutes 1994, section 103C.401, by adding a subdivision.

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

The report was adopted.

Trimble from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 396, A resolution memorializing the television networks to actively reduce the amount of violence-laden, sexually explicit material on television programs and to produce television material that promotes wholesome family values and helps to strengthen the family.

Reported the same back with the following amendments:

Page 1, line 8, delete "tremendous" and insert "significant"

Page 1, line 25, delete "wholesome" and insert "positive"

Page 2, line 8, delete "wholesome" and insert "positive"

Amend the title as follows:

Page 1, line 5, delete "wholesome" and insert "positive"

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

The report was adopted.

Johnson, R., from the Committee on Labor-Management Relations to which was referred:

H. F. No. 414, A bill for an act relating to employment; requiring private businesses with certain state financial assistance to pay a living wage; amending Minnesota Statutes 1994, section 116J.58, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 177.

Reported the same back with the following amendments:

Page 4, delete lines 16 to 35, and insert:

"(20) on July 1 of each year, notify the department of labor and industry, division of labor standards, of the name and location of each business entity that has been identified to receive financial assistance from the department in the form of a grant or loan, in excess of $25,000 for a job growth project.

Sec. 2. [177.255] [LIVING WAGE; STATE FINANCIAL ASSISTANCE.]

(a) Every employer that receives state financial assistance in the form of a grant, state loan, tax increment financing, or other special state tax reduction or waiver in excess of $25,000 for a job growth project must pay each employee working at a location receiving assistance during the year the assistance is available a wage that, on a full-time annual basis, provides an income at least equal to 100 percent of the federal poverty level for a family of four.

(b) An employer may pay a training wage of $5.25 per hour to an employee during a six-month training period and shall thereafter pay the wage required in paragraph (a).

Sec. 3. [EFFECTIVE DATE; APPLICABILITY.]

Section 1 is effective July 1, 1995. Sections 1 and 2 apply to state financial assistance commencing on or after August 1, 1995."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

H. F. No. 446, A bill for an act relating to occupations and professions; establishing licensure for acupuncture practitioners by the board of medical practice; providing penalties; proposing coding for new law as Minnesota Statutes, chapter 147B.

Reported the same back with the following amendments:

Page 4, line 10, after "license" insert "after June 30, 1996"

Page 9, after line 21, insert:

"Subd. 14. [TEMPORARY PERMIT.] The board may issue a temporary permit to practice acupuncture to an applicant eligible for licensure under this section only if the application for licensure is complete, all applicable requirements in this section have been met, and a nonrefundable fee set by the board has been paid. The permit remains valid only until the meeting of the board at which a decision is made on the acupuncturist's application for licensure."

Page 13, after line 29, insert:

"Subd. 3. [DEPOSIT.] Fees collected by the board under this section must be deposited in the state government special revenue fund."

Page 14, delete lines 7 and 8

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 460, A bill for an act relating to commerce; relating to the administrative duties of the commissioner; regulating service of orders and other papers; modifying enforcement powers; regulating notaries public; amending Minnesota Statutes 1994, sections 45.027, subdivision 7, and by adding a subdivision; 214.101, by adding a subdivision; 359.01; 359.02; and 332.34; proposing coding for new law in Minnesota Statutes, chapters 45; and 359.

Reported the same back with the following amendments:

Page 1, line 26, delete "State Mail" and insert "States Postal"

Page 3, delete lines 14 to 34 and insert:

"Subd. 12. [SUSPENSION OF LICENSE FOR FAILURE TO PAY CHILD SUPPORT OR MAINTENANCE.] (a) In addition to the provisions of subdivision 7, the commissioner shall suspend a license if a court of competent jurisdiction or public authority responsible for child support enforcement notifies the commissioner that the licensee is in arrears in child support or maintenance payments and the license should be suspended.

(b) If a public authority notifies the commissioner that a license should be suspended pursuant to paragraph (a), the public authority must, at least 30 days prior to notifying the commissioner, send a notice to the license holder in writing and by first class mail, addressed to the license holder's last known address, specifying that the authority intends to seek license suspension pursuant to section 518.551, subdivision 12. If the license holder requests a hearing in writing within 30 days of the date of the notice, either a court hearing or a contested administrative proceeding must be held in accordance with the authority of section 518.5511. Notwithstanding any law to the contrary, the license holder must be served with 14 days' notice, in writing, specifying the time and place of the hearing, and the allegations against the license holder. The notice may be served personally or by mail."

Page 5, after line 34, insert:

"Sec. 9. Minnesota Statutes 1994, section 359.12, is amended to read:

359.12 [ADMINISTRATIVE ACTIONS AND PENALTIES.]

Every notary who shall charge or receive a fee or reward for any act or service done or rendered as a notary greater than the amount allowed by law, or who dishonestly or unfaithfully discharges duties as notary, or who has pleaded guilty, with or without explicitly admitting guilt, plead nolo contendere, or been convicted of a felony, gross misdemeanor, or misdemeanor involving moral turpitude, is subject to the penalties imposed pursuant to section 45.027, except that a notary may be removed from office only by the governor or the district court. The commissioner has all the powers provided by section 45.027 and shall proceed in the manner provided by that section in actions against notaries."

Page 5, line 35, delete "9" and insert "10"

Amend the title as follows:

Page 1, line 8, delete "and" and after "332.34;" insert "and 359.12;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 504, A bill for an act relating to natural resources; authorizing grants to units of government and school districts for parks, recreation areas, and natural and scenic areas; authorizing rules for administration; proposing coding for new law in Minnesota Statutes, chapter 85; repealing Minnesota Statutes 1994, section 85.019.

Reported the same back with the following amendments:

Page 1, line 24, delete "acquired under this section"

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

The report was adopted.

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

H. F. No. 575, A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; amending Minnesota Statutes 1994, sections 168.101, subdivision 2; and 168.15; proposing coding for new law in Minnesota Statutes, chapter 168.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

H. F. No. 598, A bill for an act relating to human services; licensing; administrative hearings; vulnerable adults reporting act; imposing criminal penalties; amending Minnesota Statutes 1994, sections 13.82, subdivision 10, and by adding subdivisions; 245A.04, subdivision 3; 256.045, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and by adding a subdivision; 268.09, subdivision 1; 595.02, subdivision 3; 609.205; 609.224, subdivision 2; 609.72, by adding a subdivision; and 626.557, subdivisions 1, 3, 3a, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 609; and 626; repealing Minnesota Statutes 1994, sections 609.23; 609.231; 626.556, subdivision 2; and 626.557, subdivisions 10a, 11, 11a, 12, 13, 15, and 19.

Reported the same back with the following amendments:

Page 1, delete line 23

Page 2, line 11, delete "TIMING OF" and insert "TIMING OF"

Page 2, line 20, delete "When a" and insert "A" and after "reporter" insert "who"

Page 2, line 22, delete "as defined by this section"

Page 2, line 28, delete "to the"

Page 2, line 29, before the period, insert ". If an individual is a vulnerable adult solely because the individual is admitted to a facility, a mandated reporter is not required to report suspected maltreatment of the individual that occurred prior to admission, unless:

(1) the individual was admitted to the facility from another facility and the reporter has reason to believe the vulnerable adult was maltreated in the previous facility; or

(2) the reporter knows or has reason to believe that the individual is a vulnerable adult as defined in section 626.5572, subdivision 21, clause (4)"

Page 2, line 35, strike "subdivision"

Page 3, line 31, strike "abuse or neglect" and insert "maltreatment"

Page 3, line 36, strike ""abuse"" and insert "maltreatment"

Page 4, delete lines 7 to 17, and insert:

"(d) Events occurring in a facility that result from an individual's single mistake, as defined in section 626.5572, subdivision 17, paragraph (c), clause (3)."

Page 4, line 32, delete "TDD" and insert "telecommunications device for the deaf"

Page 4, line 33, delete "shall" and insert "may"

Page 4, line 35, delete "should" and insert "must"

Page 5, line 2, before "name" insert "the"

Page 5, line 3, before "time" insert "the" and before "incident" insert "the"

Page 5, lines 26 and 33, delete "or not"

Page 5, line 36, delete "shall" and insert "may"

Page 6, line 14, delete "as defined"

Page 6, line 15, delete "in this section"

Page 6, line 16, after "report" insert ", or from participating in the investigation,"

Page 6, delete lines 18 to 36, and insert:

"(b) A person employed by a local welfare lead agency or a state licensing agency who is conducting or supervising an investigation or enforcing the law in compliance with subdivision 10, 11, or 12 this section or any related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person's actions, if the person is acting in good faith and exercising due care.

(c) A person who knows or has reason to know a report has been made to a common entry point and who in good faith participates in an investigation of alleged maltreatment is immune from civil or criminal liability that otherwise might result from making the report, or for failure to comply with the reporting obligation.

(d) The identity of any reporter may not be disclosed, except as provided in subdivision 12b."

Page 7, delete lines 1 and 2

Page 7, line 31, delete "THE COMMON ENTRY POINT" and insert "THE COMMON ENTRY POINT"

Page 8, line 16, delete "(b)" and delete "shall be" and insert "is"

Page 8, delete line 18 and insert "section."

Page 8, line 19, delete "(1)" and insert "(b)" and delete "shall" and insert "must"

Page 8, line 21, delete "(2)"

Page 8, delete line 22 and insert "form that includes:"

Page 8, line 23, delete "(i)" and insert "(1)"

Page 8, line 24, delete "(ii)" and insert "(2)"

Page 8, line 26, delete "(iii)" and insert "(3)"

Page 8, line 27, delete "(iv)" and insert "(4)" and before "persons" insert "the"

Page 8, line 29, delete "(v)" and insert "(5)"

Page 8, line 31, delete "(vi)" and insert "(6)" and delete "incident"

Page 8, line 32, delete "(vii)" and insert "(7)"

Page 8, line 33, delete "(viii)" and insert "(8)"

Page 8, line 35, delete "(ix)" and insert "(9)"

Page 9, line 1, delete "(x)" and insert "(10)"

Page 9, line 2, delete "(xi)" and insert "(11)"

Page 9, line 3, delete "(xii)" and insert "(12)"

Page 9, line 5, delete "(xiii)" and insert "(13)"

Page 9, line 18, delete "shall" and insert "must"

Page 9, line 22, delete "shall have" and insert "has" and delete "a" and insert "the"

Page 9, line 23, delete "shall" and insert "must" and delete "such" and insert "the"

Page 10, lines 7 and 8, delete "or not"

Page 10, line 17, delete "shall be" and insert "is"

Page 10, line 31, delete "shall have" and insert "has"

Page 11, line 6, delete "such" and insert "the"

Page 11, delete line 14, and insert:

"(1) whether the actions of the facility or the individual"

Page 11, line 17, delete "shall not be" and insert "is not"

Page 11, line 34, delete "In the event that" and insert "If"

Page 12, lines 3 and 10, delete "such" and insert "the"

Page 12, lines 4 and 5, delete "In the event that" and insert "If"

Page 12, lines 13 and 14, delete "in no way invalidates" and insert "does not invalidate"

Page 12, line 18, delete "act" and insert "section"

Page 12, line 21, delete "these notifications" and insert "this notification"

Page 12, line 27, delete "designee" and insert "legal guardian"

Page 12, line 33, delete "victim" and insert "vulnerable adult" and delete "victim's" and insert "vulnerable adult's" and after "guardian" insert a comma

Page 13, line 2, delete "shall" and insert "must"

Page 13, line 3, delete "shall" and insert "may"

Page 13, line 7, delete "acts" and insert "laws"

Page 13, line 10, delete "shall" and insert "does"

Page 13, delete section 14

Page 14, line 3, delete "9e" and insert "9d"

Page 14, delete lines 5 to 12 and insert "determines has maltreated a vulnerable adult, or the vulnerable adult or vulnerable adult's designee, regardless of the lead agency's determination, who contests the lead agency's final disposition of an allegation of maltreatment, may request the lead agency to reconsider its final disposition. The request for reconsideration must be submitted in writing to the lead agency within 15 calendar days after receipt of notice of final disposition."

Page 14, line 19, after "If" insert a comma

Page 14, line 29, delete "9f" and insert "9e"

Page 14, line 33, delete "shall" and insert "must"

Page 14, delete line 34 and insert "by July 1, 1996."

Page 14, line 35, delete "shall" and insert "must"

Page 15, line 17, delete "act" and insert "section" in both places

Page 15, line 19, after "services" insert a comma

Page 15, line 24, delete "metro" and insert "seven-county metropolitan" in both places

Page 15, lines 28 and 30, delete "department" and insert "commissioner"

Page 15, line 36, delete everything before "a"

Page 16, line 1, after "investigator" insert "employed when these requirements take effect"

Page 16, line 4, delete "shall" and insert "must"

Page 16, line 29, reinstate the stricken "whether the" and delete "that"

Page 17, line 10, delete "need not be" and insert "is not"

Page 17, line 24, strike "an abusive or neglectful" and insert "a"

Page 17, line 25, after "conservator" insert "suspected of maltreatment"

Page 18, line 15, delete "act" and insert "section"

Page 18, line 17, delete "All"

Page 18, line 18, delete "act shall be classified as" and insert "section are"

Page 18, line 19, delete ", except the" and insert ". The" and delete ", which shall be"

Page 18, line 20, delete everything before "only" and insert "may"

Page 18, line 21, delete "(b), clause (3)" and insert "(c)"

Page 18, line 22, delete "All"

Page 18, line 23, delete "shall be classified as" and insert "are" and after "confidential" insert "data on individuals as defined in section 13.02" and before "The" insert "Notwithstanding section 138.163,"

Page 18, line 28, delete "act" and insert "section" and delete "all"

Page 18, line 29, delete "act shall be classified as" and insert "section are"

Page 18, delete line 31 and insert "are classified as provided in clauses (1) and (2) and paragraph (c)."

Page 18, line 32, delete "shall" and insert "must"

Page 18, line 33, delete everything after the first "data" and insert ", which are public:"

Page 19, line 15, delete "shall" and insert "must"

Page 19, line 18, delete everything after the first comma and insert "data on individuals or private"

Page 19, line 20, delete "All data" and insert "Data" and delete "shall"

Page 19, delete line 21 and insert "in the investigation memorandum are private data, including:"

Page 19, line 29, delete "(3)" and insert "(c) [IDENTITY OF REPORTER.]"

Page 19, line 31, delete the first "the" and insert "a"

Page 20, line 1, delete "or not"

Page 20, delete lines 3 to 8

Page 20, line 9, delete "(e)" and insert "(d)" and delete "the provisions"

Page 20, line 10, delete "of" and delete "all" and delete "subdivision" and insert "section"

Page 20, line 11, delete "departments" and insert "commissioners" and delete "shall" and insert "must"

Page 20, lines 13, 15, and 17, delete "all"

Page 20, line 22, delete "(f)" and insert "(e)"

Page 20, line 26, delete "act" and insert "section"

Page 20, line 27, delete "(g)" and insert "(f)" and delete "shall" and insert "must"

Page 20, line 29, delete "(h)" and insert "(g)"

Page 20, line 34, delete "All"

Page 20, line 35, delete "shall" and insert "must"

Page 21, lines 1 and 10, delete "act" and insert "section"

Page 21, line 2, delete "(i)" and insert "(h)"

Page 21, line 4, delete "(j)" and insert "(i)"

Page 21, line 5, delete "a" and insert "the"

Page 21, line 6, delete "a" and insert "the"

Page 21, line 9, delete "(k)" and insert "(j)"

Page 21, line 12, delete "shall" and insert "may"

Page 22, line 10, after "services" insert a comma

Page 22, line 11, after "reports" insert a comma

Page 22, line 23, delete "promulgated" and insert "adopted"

Page 22, line 29, delete "shall" and insert "must"

Page 22, line 30, delete "shall" and insert "must"

Page 23, line 34, after "them" insert a comma

Page 23, line 36, delete "the following in"

Page 24, line 1, delete everything before the colon

Page 24, line 5, delete ". A" and insert "; a"

Page 24, line 6, delete the period and insert a colon

Page 24, line 34, after "contact" insert "as defined in section 609.341,"

Page 25, line 2, delete "his or her" and insert "the vulnerable adult's"

Page 25, line 7, after "under" insert "section 144.651,"

Page 25, after line 13, insert:

"(f) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult."

Page 25, line 14, delete "(f)" and insert "(g)"

Page 25, line 18, after "with" insert ": (1)"

Page 25, line 20, before the period, insert "; or (2) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship"

Page 26, line 3, delete "this section" and insert "section 626.557"

Page 26, line 33, delete "the following in paragraphs (a) to (c)"

Page 27, lines 1 and 12, before the colon, insert "a person"

Page 27, line 9, delete "; or" and insert a period

Page 27, delete lines 10 and 11

Page 27, line 25, delete "shall be construed to" and insert "requires"

Page 27, line 26, delete "require"

Page 27, line 36, delete "or not"

Page 28, lines 2 and 3, delete "for purposes of section 626.557"

Page 28, lines 14 and 15, delete "shall be" and insert "is"

Page 28, line 16, delete "for the"

Page 28, line 17, delete "purposes of section 626.557"

Page 28, lines 34 and 35, delete "the following in paragraphs (a) to (c)"

Page 29, line 20, after "under" insert "section 144.651,"

Page 29, after line 27, insert:

"(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult;"

Page 29, line 28, delete "(2)" and insert "(3)"

Page 29, line 30, after "with" insert ": (i)"

Page 29, line 32, before the period, insert "; or (ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship"

Page 29, line 36, delete "(3)" and insert "(4)"

Page 30, line 4, delete "such" and insert "the"

Page 30, line 9, delete "shall be construed to" and insert "requires"

Page 30, line 10, delete "require"

Page 30, line 15, delete "act" and insert "section"

Page 30, line 16, delete "such a" and insert "the"

Page 30, line 27, delete "by"

Page 30, delete lines 28 to 36

Page 31, delete lines 1 to 13 and insert:

"Subd. 21. [VULNERABLE ADULT.] "Vulnerable adult" means any person 18 years of age or older who:

(1) is a resident or inpatient of a facility;

(2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);

(3) receives services from a home care provider required to be licensed under section 144A.46; or from a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, and 256B.0627; or

(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:

(i) that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and

(ii) because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect himself or herself from maltreatment."

Page 31, line 15, delete "sections 626.556, subdivision 2;"

Page 31, line 16, delete the first "and" and insert "section" and after "subdivisions" insert "2,"

Page 31, line 24, delete "626.557" and insert "626.5572"

Page 31, line 25, delete "2" and insert "21"

Page 31, line 28, after "child" insert "or vulnerable adult"

Page 31, line 29, before "child" insert "vulnerable adult or"

Page 32, line 1, before "the" insert "the vulnerable adult or"

Page 32, line 26, delete "as provided in" and insert "under circumstances described in" and delete everything after "609.233"

Page 32, line 27, delete everything before the semicolon

Page 33, line 31, after "caregiver" insert a comma

Page 33, line 32, after "adult" insert ", as defined in section 609.232,"

Page 34, delete lines 3 to 10

Page 34, line 11, delete "3" and insert "2"

Page 34, line 16, delete "4" and insert "3" and before " "Facility" " insert "(a)"

Page 34, after line 26, insert:

"(b) For home care providers and personal care attendants, the term "facility" refers to the provider or person or organization that exclusively offers, provides, or arranges for personal care services, and does not refer to the client's home or other location at which services are rendered."

Page 34, line 27, delete "5" and insert "4"

Page 34, line 30, delete "6" and insert "5"

Page 34, line 36, delete "7" and insert "6"

Page 35, line 2, delete "as defined in" and insert "under"

Page 35, line 3, delete "as defined in" and insert "under"

Page 35, line 4, delete "as defined in" and insert "under"

Page 35, line 5, delete "8" and insert "7"

Page 35, line 9, delete "9" and insert "8"

Page 35, line 13, delete "10" and insert "9"

Page 35, line 18, delete "11" and insert "10"

Page 35, delete lines 25 to 36

Page 36, delete lines 1 to 10, and insert:

"Subd. 11. [VULNERABLE ADULT.] "Vulnerable adult" means any person 18 years of age or older who:

(1) is a resident or inpatient of a facility; or

(2) possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction that impairs the individual's ability to, without assistance, provide adequately for the individual's own care and protection from maltreatment, regardless of residence or whether any type of service is received; or

(3) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (2); or

(4) receives services from a home care provider required to be licensed under section 144A.46; or from a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, and 256B.0627."

Page 36, line 20, delete "his or her" and insert "the vulnerable adult's"

Page 36, line 21, delete "financial exploitation as defined" and insert "under circumstances described"

Page 36, line 23, delete everything after "to"

Page 36, line 24, delete everything before "therapeutic"

Page 36, delete lines 25 to 29, and insert:

"(b) A caregiver, facility staff person, or person providing services in a facility who engages in sexual contact, as defined in section 609.341, with a resident, patient, or client of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision 3."

Page 36, line 33, after "under" insert "section 144.651,"

Page 37, line 4 delete "or"

Page 37, after line 4, insert:

"(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult; or"

Page 37, line 5, delete "(2)" and insert "(3)"

Page 37, line 7, after "with" insert ": (i)"

Page 37, line 10, before the period, insert "; or (ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship"

Page 37, line 25, delete "otherwise" and insert "in other cases"

Page 37, line 28, after "or" insert "paragraph"

Page 37, line 29, delete the second "or" and insert "of"

Page 37, line 35, delete the colon

Page 37, delete line 36

Page 38, delete lines 1 to 10 and insert "the act or omission constitutes a conscious disregard for danger to human life and reckless indifference to the risk of harm."

Page 38, lines 19 and 20, delete "an accident or"

Page 38, line 23, after "abuse" insert ", as defined in section 626.5572, subdivision 2," and after "neglect" insert ", as defined in section 626.5572, subdivision 17,"

Page 38, line 25, delete "For purposes of this section,"

Page 38, line 28, after "under" insert "section 144.651,"

Page 38, line 35, delete "or"

Page 38, after line 35, insert:

"(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult; or"

Page 38, delete line 36

Page 39, line 1, delete "not abused for the sole reason that" and insert:

"(3)"

Page 39, line 4, after "with" insert ": (i)"

Page 39, line 6, before the period, insert "; or (ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship"

Page 39, lines 22 and 23, delete "shall be construed to require" and insert "requires"

Page 39, line 31, delete "(a)" and insert "(1)"

Page 39, lines 34 and 35, delete ":

(1)"

Page 40, delete lines 3 and 4

Page 40, line 5, delete "(b)" and insert "(2)"

Page 40, line 6, delete "(1)" and insert "(i)"

Page 40, line 9, delete "(2)" and insert "(ii)"

Page 40, lines 12 and 13, delete "shall be construed to require" and insert "requires"

Page 40, line 20, after the comma, insert "as defined in section 626.5572, subdivision 15,"

Page 40, line 28, before "PENALTY" insert "INCREASED"

Page 40, line 34, after "report" insert ": (1)"

Page 40, line 35, delete everything after "adult" and insert "; or (2)"

Page 41, line 5, after "adult" insert ", as defined in section 609.232,"

Page 41, line 23, delete "confidential" and insert "private"

Page 41, line 25, delete "(b), clause (3)" and insert "(c)"

Page 41, line 31, delete "person"

Page 41, delete lines 32 to 34 and insert "caregiver or facility are private data on individuals."

Page 43, after line 7, insert:

"Sec. 4. [144.057] [BACKGROUND STUDIES ON LICENSEES.]

The commissioner shall perform background study activities for hospitals or other entities required to be licensed under sections 144.50 and 144.58; nursing homes required to be licensed to serve adults under section 144A.02; and home care providers licensed or required to be licensed under section 144A.46. The commissioner shall use the procedures in chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090. Background checks carried out under this subdivision satisfy the background check requirements for home health care providers required by section 144A.45."

Page 46, line 19, delete "shall" and insert "must"

Page 46, line 27, delete everything after "subdivision"

Page 46, line 28, delete everything before the period and insert "has the applicable rights in subdivision 3a, 3b, or 3c"

Page 47, line 28, delete "shall be" and insert "is"

Page 48, line 17, delete "shall be" and insert "is"

Page 49, line 20, delete "shall" and insert "may"

Page 49, line 21, delete "shall" and insert "must"

Page 49, line 23, delete "herein" and insert "in this section"

Page 49, line 26, after the period, insert "These restrictions on the use of private data do not prohibit access to the data under section 13.03, subdivision 6."

Page 50, line 4, delete "shall" and insert "does"

Page 56, line 9, after "facility" insert ", as defined in section 626.5572"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 13, after "chapters" insert "144;"

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

The report was adopted.

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

H. F. No. 625, A bill for an act relating to state government; providing for the Minnesota collection enterprise; imposing duties and providing powers; providing for the disclosure of certain data; imposing a collection penalty; appropriating money; amending Minnesota Statutes 1994, sections 16D.02, subdivision 6, and by adding a subdivision; 16D.04, subdivisions 1 and 3; 16D.06, subdivision 2; and 16D.08, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 16D.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 8.16, is amended by adding a subdivision to read:

Subd. 1a. [SUBPOENAS.] The attorney general may in any county of the state subpoena and require the production of any records relating to the location of a debtor or the assets of a debtor, as that term is defined in section 16D.02, subdivision 4. Subpoenas may be issued only for records that are relevant to an investigation related to debt collection.

Sec. 2. Minnesota Statutes 1994, section 16D.02, is amended by adding a subdivision to read:

Subd. 8. [ENTERPRISE.] "Enterprise" means the Minnesota collection enterprise, a separate unit established to carry out the provisions of this chapter, pursuant to the commissioner's authority to contract with the commissioner of revenue for collection services under section 16D.04, subdivision 1.

Sec. 3. Minnesota Statutes 1994, section 16D.04, subdivision 1, is amended to read:

Subdivision 1. [DUTIES.] The commissioner shall provide services to the state and its agencies to collect debts owed the state. The commissioner is not a collection agency as defined by section 332.31, subdivision 3, and is not licensed, bonded, or regulated by the commissioner of commerce under sections 332.31 to 332.35 or 332.38 to 332.45. The commissioner is subject to section 332.37, except clause (9) or (10). The commissioner may contract with the commissioner of revenue for collection services, and may delegate to the commissioner of revenue any of the commissioner's duties and powers under this chapter. Debts referred to the commissioner of revenue for collection under this section or section 256.9792 may in turn be referred by the commissioner of revenue to the enterprise. An audited financial statement may not be required as a condition of debt placement with a private agency if the private agency: (1) has errors and omissions coverage under a professional liability policy in an amount of at least $1,000,000; or (2) has a fidelity bond to cover actions of its employees, in an amount of at least $100,000. In cases of debts referred under section 256.9792, the provisions of this chapter and section 256.9792 apply to the extent they are not in conflict. If they are in conflict, the provisions of section 256.9792 control. For purposes of this chapter, the referring agency for such debts remains the department of human services.

Sec. 4. Minnesota Statutes 1994, section 16D.04, subdivision 3, is amended to read:

Subd. 3. [SERVICES.] The commissioner shall provide collection services for a state agency, and may provide for collection services for the University of Minnesota or a court, any of the other entities described in section 16D.02, subdivision 6, in accordance with the terms and conditions of a signed debt qualification plan.

Sec. 5. Minnesota Statutes 1994, section 16D.06, is amended to read:

16D.06 [DEBTOR INFORMATION.]

Subdivision 1. [ACCESS TO GOVERNMENT DATA NOT PUBLIC.] Notwithstanding chapter 13 or any other state law classifying or restricting access to government data, upon request from the commissioner or the attorney general, state agencies, political subdivisions, and statewide systems shall disseminate not public data to the commissioner or the attorney general for the sole purpose of collecting debt. Not public data disseminated under this subdivision is limited to financial data of the debtor or data related to the location of the debtor or the assets of the debtor.

Subd. 2. [DISCLOSURE OF DATA.] Data received, collected, created, or maintained by the commissioner or the attorney general to collect debts are classified as private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9. The commissioner or the attorney general may disclose not public data:

(1) under section 13.05;

(2) under court order;

(3) under a statute specifically authorizing access to the not public data;

(4) to provide notices required or permitted by statute;

(5) to an agent of the commissioner, including a law enforcement person, attorney, or investigator acting for the commissioner in the investigation or prosecution of a criminal or civil proceeding relating to collection of a debt;

(6) to report names of debtors, amount of debt, date of debt, and the agency to whom debt is owed to credit bureaus and private collection agencies under contract with the commissioner; and

(7) when necessary to locate the debtor, locate the assets of the debtor, or to enforce or implement the collection of a debt; and

(8) to the commissioner of revenue for tax administration purposes.

The commissioner and the attorney general may not disclose data that is not public to a private collection agency or other entity with whom the commissioner has contracted under section 16D.04, subdivision 4, unless disclosure is otherwise authorized by law.

Sec. 6. Minnesota Statutes 1994, section 16D.08, subdivision 2, is amended to read:

Subd. 2. [POWERS.] In addition to the collection remedies available to private collection agencies in this state, the commissioner, with legal assistance from the attorney general, may utilize any statutory authority granted to a referring agency for purposes of collecting debt owed to that referring agency. The commissioner may also use the tax collection remedies of the commissioner of revenue in sections 270.06, clauses (7) and (17), excluding the power to subpoena witnesses; 270.66; 270.69, excluding subdivisions 7 and 13; 270.70, excluding subdivision 14; 270.7001 to 270.72; and 290.92, subdivision 23, except that a continuous wage levy under section 290.92, subdivision 23, is only effective for 70 days, unless no competing wage garnishments, executions, or levies are served within the 70-day period, in which case a wage levy is continuous until a competing garnishment, execution, or levy is served in the second or a succeeding 70-day period, in which case a continuous wage levy is effective for the remainder of that period. A debtor who qualifies for cancellation of the collection penalty under section 16D.11, subdivision 3, clause (1), can apply to the commissioner for reduction or release of a continuous wage levy, if the debtor establishes that he or she needs all or a portion of the wages being levied upon to pay for essential living expenses, such as food, clothing, shelter, medical care, or expenses necessary for maintaining employment. The commissioner's determination not to reduce or release a continuous wage levy is appealable to district court. The word "tax" or "taxes" when used in the tax collection statutes listed in this subdivision also means debts referred under this chapter. For debts other than state taxes or child support, before any of the tax collection remedies listed in this subdivision can be used, except for the remedies in section 270.06, clauses (7) and (17), if the referring agency has not already obtained a judgment or filed a lien, the commissioner must first obtain a judgment against the debtor.

Sec. 7. [16D.11] [COLLECTION PENALTY.]

Subdivision 1. [IMPOSITION.] A penalty shall be added to the debts referred to the commissioner for collection. The penalty is collectible by the commissioner from the debtor at the same time and in the same manner as the referred debt. The referring agency shall advise the debtor of the penalty at the time the agency sends notice to the debtor under section 16D.07. If the commissioner collects an amount less than the total due, the payment is applied proportionally to the penalty and the underlying debt. Penalties collected under this subdivision or retained under subdivision 6 shall be deposited in the general fund as nondedicated receipts.

Subd. 2. [COMPUTATION.] Beginning July 1, 1995, at the time a debt is referred, the amount of the penalty is equal to 15 percent of the debt, or 25 percent of the debt remaining unpaid if the commissioner has to take enforced collection action by serving a summons and complaint on or entering judgment against the debtor, or by utilizing any of the remedies authorized under section 16D.08, subdivision 2, except for the remedies in sections 270.06, clause (7), and 270.66.

Subd. 3. [CANCELLATION.] The penalty imposed under subdivision 1 shall be canceled and subtracted from the amount due if:

(1) the debtor's household income as defined in section 290A.03, subdivision 5, excluding the exemption subtractions in subdivision 3, paragraph (3) of that section, for the 12 months preceding the date of referral is less than twice the annual federal poverty guideline under United States Code, title 42, section 9902, subsection (2);

(2) within 60 days after the first contact with the debtor by the enterprise, the debtor establishes reasonable cause for the failure to pay the debt prior to referral of the debt to the enterprise;

(3) a good faith dispute as to the legitimacy or the amount of the debt is made, and payment is remitted or a payment agreement is entered into within 30 days after resolution of the dispute;

(4) good faith litigation occurs and the debtor's position is substantially justified, and if the debtor does not totally prevail, the debt is paid or a payment agreement is entered into within 30 days after the judgment becomes final and nonappealable; or

(5) penalties have been added by the referring agency and are included in the amount of the referred debt.

Subd. 4. [APPEAL.] Decisions of the commissioner denying an application to cancel the penalty under subdivision 3 are subject to the contested case procedure under chapter 14.

Subd. 5. [REFUND.] If a penalty is collected and then canceled, the amount of the penalty shall be refunded to the debtor within 30 days. The amount necessary to pay the refunds is annually appropriated to the commissioner.

Subd. 6. [CHARGE TO REFERRING AGENCY.] If the penalty is canceled under subdivision 3, an amount equal to the penalty is retained by the commissioner from the debt collected, and is accounted for and subject to the same provisions of this chapter as if the penalty had been collected from the debtor.

Subd. 7. [ADJUSTMENT OF RATE.] By June 1 of each year, the commissioner shall determine the rate of the penalty for debts referred to the enterprise during the next fiscal year. The rate is a percentage of the debts in an amount that most nearly equals the costs of the enterprise necessary to process and collect referred debts under this chapter. In no event shall the rate of the penalty when a debt is first referred exceed three-fifths of the maximum penalty, and in no event shall the rate of the maximum penalty exceed 25 percent of the debt. Determination of the rate of the penalty under this section is not rulemaking under chapter 14, and is not subject to the fee setting requirements of section 16A.1285.

Sec. 8. [16D.12] [INTEREST.]

Subdivision 1. [AUTHORITY.] Unless otherwise provided by contract out of which the debt arises or by state or federal law, a state agency shall charge simple interest on debts owed to the state at the rate provided in subdivision 2 if notice has been given in accordance with this subdivision. Interest charged under this section begins to accrue on the 30th calendar day following the state agency's first written demand for payment that includes notification to the debtor that interest will begin to accrue on the debt in accordance with this section.

Subd. 2. [COMPUTATION.] Notwithstanding chapter 334, the rate of interest is the rate determined by the state court administrator under section 549.09, subdivision 1, paragraph (c).

Subd. 3. [EXCLUSION.] A state agency may not charge interest under this section on overpayments of assistance benefits under sections 256.031 to 256.0361, 256.72 to 256.87, chapters 256D and 256I, or the federal food stamp program. Notwithstanding this prohibition, any debts that have been reduced to judgment under these programs are subject to the interest charges provided under section 549.09.

Sec. 9. [16D.13] [VENUE.]

The commissioner or attorney general may bring an action to recover debts owed to the state in Ramsey county district court or Ramsey county conciliation court, or a district or conciliation court of any other county at the discretion of the state. Before bringing an action under this section in any county other than the county in which the defendant resides or where the cause of action arose, the commissioner or the attorney general must notify the debtor, by certified mail, of the intent to bring an action in the specified county and enclose a form for the debtor to use to request that the action be brought in the county of either the debtor's residence or the county where the cause of action arose. If the debtor, within 30 days of the receipt of the notice of intent to bring an action in a specified county, requests in writing that the action be brought in the county of either the debtor's residence or the county where the cause of action arose, that request must be granted by the commissioner or the attorney general, and any subsequent action must be venued in accordance with the request of the debtor. If the debtor does not make a timely request under this section, venue is as chosen by the commissioner or attorney general. No court filing fees, docketing fees, or release of judgment fees may be assessed against the state for collection actions filed under this chapter.

Sec. 10. [16D.14] [COMPROMISE OF DEBT.]

Unless expressly prohibited by other federal or state law, a state agency may compromise debts owed to the state, whether reduced to judgment or not, where the state agency determines that it is in the best interests of the state to do so.

Sec. 11. [16D.16] [SETOFFS.]

Subdivision 1. [AUTHORIZATION.] The commissioner or a state agency may automatically deduct the amount of a debt owed to the state from any state payment due to the debtor, except that funds exempt under section 550.37 or funds owed an individual who receives assistance under the provisions of chapter 256 are not subject to setoff. If a debtor has entered into a written payment plan with respect to payment of a specified debt, the right of setoff may not be used to satisfy that debt. Notwithstanding section 181.79, the state may deduct from the wages due or earned by a state employee to collect a debt, subject to the limitations in section 571.922.

Subd. 2. [NOTICE AND HEARING.] The commissioner or state agency shall mail written notice, by certified mail, to the debtor, addressed to the debtor's last known address, that the commissioner or state agency intends to set off

a debt owed to the state by the debtor against future payments due the debtor from the state. The commissioner or state agency shall notify the debtor within ten days that a setoff has occurred. The debtor has 30 days from the date of that notice to make a written request for a contested case hearing to contest the validity of the debt or the right to setoff. The debtor's request must state the debtor's reasons for contesting the debt or the right to setoff. If the commissioner or state agency desires to pursue the right to setoff following receipt of the debtor's request for a hearing, the commissioner or state agency shall schedule a contested case hearing within 30 days of the receipt of the request for the hearing. If the commissioner or state agency decides not to pursue the right to setoff, the debtor must be notified of that decision.

Sec. 12. Minnesota Statutes 1994, section 491A.01, subdivision 8, is amended to read:

Subd. 8. [JURISDICTION; MULTIPLE DEFENDANTS VENUE.] The conciliation court also has jurisdiction to determine a civil action commenced against two one or more defendants in the county in which one or more of the defendants resides or where the cause of action, or some part thereof, arose. Counterclaims may be commenced in the county where the original action was commenced.

Sec. 13. Minnesota Statutes 1994, section 491A.02, subdivision 4, is amended to read:

Subd. 4. [REPRESENTATION.] (a) A corporation, partnership, limited liability company, sole proprietorship, or association may be represented in conciliation court by an officer, manager, or partner or an agent in the case of a condominium, cooperative, or townhouse association, or may appoint a natural person who is an employee or commercial property manager to appear on its behalf or settle a claim in conciliation court. The state or a political subdivision of the state may be represented in conciliation court by an employee of the pertinent governmental unit without written authorization required. This representation does not constitute the practice of law for purposes of section 481.02, subdivision 8. In the case of an officer, employee, commercial property manager, or agent of a condominium, cooperative, or townhouse association, an authorized power of attorney, corporate authorization resolution, corporate bylaw, or other evidence of authority acceptable to the court must be filed with the claim or presented at the hearing. This subdivision also applies to appearances in district court by a corporation or limited liability company with five or fewer shareholders or members and to any condominium, cooperative, or townhouse association, if the action was removed from conciliation court.

(b) "Commercial property manager" means a corporation, partnership, or limited liability company or its employees who are hired by the owner of commercial real estate to perform a broad range of administrative duties at the property including tenant relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant disputes, and related matters. In order to appear in conciliation court, a property manager's employees must possess a real estate license under section 82.20 and be authorized by the owner of the property to settle all disputes with tenants and others within the jurisdictional limits of conciliation court.

(c) A commercial property manager who is appointed to settle a claim in conciliation court may not charge or collect a separate fee for services rendered under paragraph (a).

Sec. 14. [EFFECTIVE DATE.]

Sections 1 to 5 are effective the day following final enactment. Section 6 is effective for debts previously referred or referred on or after the day following final enactment. Section 7 is effective for debts referred on or after July 1, 1995."

Delete the title and insert:

"A bill for an act relating to state government; providing for the Minnesota collection enterprise; imposing duties and providing powers; providing for the disclosure of certain data; imposing a collection penalty; appropriating money; amending Minnesota Statutes 1994, sections 8.16, by adding a subdivision; 16D.02, by adding a subdivision; 16D.04, subdivisions 1 and 3; 16D.06; 16D.08, subdivision 2; 491A.01, subdivision 8; and 491A.02, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16D."

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

The report was adopted.

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

H. F. No. 747, A bill for an act relating to insurance; solvency; regulating disclosures, reinsurance, capital stock, managing general agents, and contracts issued on a variable basis; amending Minnesota Statutes 1994, sections 60A.03, subdivision 9; 60A.07, subdivision 10; 60A.09, subdivision 5; 60A.093, subdivision 2; 60A.705, subdivision 8; 60A.75; 60H.02, subdivision 4; 60H.05, subdivision 1; 60H.08; 61A.19; 67A.231; proposing coding for new law in Minnesota Statutes, chapter 60A.

Reported the same back with the following amendments:

Page 1, after line 11, insert:

"Section 1. Minnesota Statutes 1994, section 13.71, is amended by adding a subdivision to read:

Subd. 18. [MATERIAL TRANSACTION REPORTS.] Reports required to be filed by insurers regarding certain material transactions are classified under section 60A.135, subdivision 4."

Page 1, line 26, delete "confidential" and insert "as nonpublic data as defined in section 13.02,"

Page 3, line 22, delete "and retirement of"

Pages 3 and 4, delete section 3

Page 5, after line 9, insert:

"Sec. 5. Minnesota Statutes 1994, section 60A.11, subdivision 18, is amended to read:

Subd. 18. [STOCKS AND LIMITED PARTNERSHIPS.] (a) Stocks issued or guaranteed by any corporation incorporated under the laws of the United States of America or any state, commonwealth, or territory of the United States, including the District of Columbia, or the laws of the Dominion of Canada or any province or territory of Canada, or stocks or stock equivalents, including American Depository Receipts or unit investment trusts, listed or regularly traded on a national securities exchange on the following conditions:

(1) A company may not invest more than a total of 25 percent of its total admitted assets in stocks, stock equivalents, and convertible issues. Not more than ten percent of a company's total admitted assets may be invested in stocks, stock equivalents, and convertible issues not traded or listed on a national securities exchange or designated or approved for designation upon notice of issuance on the NASDAQ/National Market System. This limitation does not apply to investments under clause (4);

(2) A company may not invest in more than two percent of its total admitted assets in preferred stocks of any corporation which are traded on a national securities exchange and may also invest in other preferred stocks if the issuer has qualified net earnings and if current or cumulative dividends are not then in arrears;

(3) A company may not invest in more than two percent of its total admitted assets in common stocks, common stock equivalents, or securities convertible into common stock or common stock equivalents of any corporation or business trust which are traded on a national securities exchange or designated or approved for designation upon notice of issuance on the NASDAQ/National Market System, and may also invest in other common stocks, stock equivalents, and convertible issues subject to the limitations specified in clause (1);

(4) A company may organize or acquire and hold voting control of a corporation or business trust through its ownership of common stock, common stock equivalents, or other securities, provided the corporation or business trust is: (a) a corporation providing investment advisory, banking, management or sale services to an investment company or to an insurance company, (b) a data processing or computer service company, (c) a mortgage loan corporation engaged in the business of making, originating, purchasing or otherwise acquiring or investing in, and servicing or selling or otherwise disposing of loans secured by mortgages on real property, (d) a corporation if its business is owning and managing or leasing personal property, (e) a corporation providing securities underwriting services or acting as a securities broker or dealer, (f) a real property holding, developing, managing, brokerage or leasing corporation, (g) any domestic or foreign insurance company, (h) any alien insurance company, if the organization or acquisition and the holding of the company is subject to the prior approval of the commissioner of commerce, which

approval must be given upon good cause shown and is deemed to have been given if the commissioner does not disapprove of the organization or acquisition within 30 days after notification by the company, (i) an investment subsidiary to acquire and hold investments which the company could acquire and hold directly, if the investments of the subsidiary are considered direct investments for purposes of this chapter and are subject to the same percentage limitations, requirements and restrictions as are contained herein, or (j) any corporation whose business has been approved by the commissioner as complementary or supplementary to the business of the company. A company may invest up to an aggregate of ten percent of its total admitted assets under subclauses (a) to (e) of this clause. The diversification requirement of subdivision 12, paragraph (b), does not apply to this clause;

(5) A company may invest in warrants and rights granted by an issuer to purchase securities of the issuer if that security of the issuer, at the time of the acquisition of the warrant or right to purchase, would qualify as an investment under paragraph (a), clause (2) or (3), whichever is applicable, provided that security meets the standards prescribed in the clause at the time of acquisition of the securities; and

(6)(i) A company may invest in the securities of any face amount certificate company, unit investment trust, or management type investment company, registered or in the process of registration under the Investment Company Act of 1940 as from time to time amended, provided that the aggregate of all these investments other than in securities of money market mutual funds or mutual funds investing primarily in United States government securities, determined at cost, shall not exceed five percent of its total admitted assets; investments may be made under this clause without regard to the percentage limitations applicable to investments in voting securities.

(ii) A company may invest in any proportion of the shares or investment units of an investment company or investment trust, whether or not registered under the Investment Company Act of 1940, which is managed by an insurance company, member bank, trust company regulated by state or federal authority or an investment manager or adviser registered under the Investment Advisers Act of 1940 or qualified to manage the investments of an investment company registered under the Investment Company Act of 1940, provided that the investments of the investment company or investment trust are qualified investments made under this section and that the articles of incorporation, bylaws, trust agreement, investment management agreement, or some other governing instrument limits its investments to investments qualified under this section.

(b) A company may invest in or otherwise acquire and hold a limited partnership interest in any limited partnership formed under the laws of any state, commonwealth, or territory of the United States or under the laws of the United States of America. A company may invest in or otherwise acquire and hold a member interest in any limited liability company formed under the laws of any state, commonwealth, or territory of the United States or under the laws of the United States. No limited partnership or limited liability company member interest shall be acquired if the investment, valued at cost, exceeds two percent of the admitted assets of the company or if the investment, plus the book value on the date of the investment of all limited partnership and limited liability company interests then held by the company and held under the authority of this subdivision, exceeds ten percent of the company's admitted assets. Limited partnership and limited liability company interests traded on a national securities exchange must be classified as stock equivalents and are not subject to the percentage limitations contained in this paragraph.

Sec. 6. Minnesota Statutes 1994, section 60A.11, subdivision 20, is amended to read:

Subd. 20. [REAL ESTATE.] (a) Except as provided in paragraphs (b) to (d), a company may only acquire, hold, and convey real estate which:

(1) has been mortgaged to it in good faith by way of security for loans previously contracted, or for money due;

(2) has been conveyed to it in satisfaction of debts previously contracted in the course of its dealings;

(3) has been purchased at sales on judgments, decrees or mortgages obtained or made for the debts; and

(4) is subject to a contract for deed under which the company holds the vendor's interest to secure the payments the vendee is required to make thereunder.

All the real estate specified in clauses (1) to (3) must be sold and disposed of within five years after the company has acquired title to it, or within five years after it has ceased to be necessary for the accommodation of the company's business, and the company must not hold this property for a longer period unless the company elects to hold the real estate under another section, or unless it procures a certificate from the commissioner of commerce that its interest

will suffer materially by the forced sale thereof, in which event the time for the sale may be extended to the time the commissioner directs in the certificate. The market value of real estate specified in clauses (1) to (3) must be established by the written certification of a licensed real estate appraiser. The appraisal is required at the time the company elects to hold the real estate under clauses (1) to (3).

(b) A company may acquire and hold real estate for the convenient accommodation of its business.

(c) A company may acquire real estate or any interest in real estate, including oil and gas and other mineral interests, as an investment for the production of income, and may hold, improve or otherwise develop, subdivide, lease, sell and convey real estate so acquired directly or as a joint venture or through a limited, limited liability, or general partnership in which the company is a partner or through a limited liability company in which the company is a member.

(d) A company may also hold real estate (1) if the purpose of the acquisition is to enhance the sale value of real estate previously acquired and held by the company under this section, and (2) if the company expects the real estate so acquired to qualify under paragraph (b) or (c) above within five years after acquisition.

(e) A company may, after securing the approval of the commissioner, acquire and hold real estate for the purpose of providing necessary living quarters for its employees. The company must dispose of the real estate within five years after it has ceased to be necessary for that purpose unless the commissioner agrees to extend the holding period upon application by the company.

(f) A company may not invest more than 25 percent of its total admitted assets in real estate. The cost of any parcel of real estate held for both the accommodation of business and for the production of income must be allocated between the two uses annually. No more than ten percent of a company's total admitted assets may be invested in real estate held under paragraph (b). No more than 15 percent of a company's total admitted assets may be invested in real estate held under paragraph (c). No more than three percent of its total admitted assets may be invested in real estate held under paragraph (e). Upon application by a company, the commissioner of commerce may increase any of these limits up to an additional five percent."

Page 5, line 25, delete the colon

Page 5, delete line 26

Page 5, line 27, delete "(2)"

Page 5, line 30, delete "given confidential treatment" and insert "held as nonpublic data as defined in section 13.02"

Page 7, line 23, before "No" insert "(a)"

Page 7, line 30, delete "as such," and insert "by a property and casualty insurer" and after "affects" insert ": (i)"

Page 7, line 31, delete "and" and insert "or (ii) more than 50 percent of the insurer's total ceded indemnity and loss adjustment reserves;"

Page 7, delete line 36

Page 8, delete lines 1 to 27, and insert:

"(b) With respect to either property and casualty or life, annuity, and accident and health business, either of the following events constitute a material revision that must be reported under section 60A.135:

(1) an authorized reinsurer representing more than ten percent of a total cession is replaced by one or more unauthorized reinsurers; or

(2) previously established collateral requirements have been reduced or waived for one or more unauthorized reinsurers representing collectively more than ten percent of a total cession.

(c) Notwithstanding paragraphs (a) and (b), no filing is required:

(1) for property and casualty business, including accident and health business written by a property and casualty insurer if the insurer's total ceded written premium represents, on an annualized basis, less than ten percent of its total written premium for direct and assumed business; or

(2) for life, annuity, and accident and health business if the total reserve credit taken for business ceded represents, on an annualized basis, less than ten percent of the statutory reserve requirement before any cession."

Page 8, line 28, delete "3" and insert "2"

Page 10, lines 9 to 19, reinstate the stricken language and delete the new language

Page 10, line 21, delete "material noncompliance" and insert "violation"

Page 10, line 29, delete "not materially"

Page 10, line 30, delete "complied with" and insert "violated"

Page 12, lines 27 to 33, reinstate the stricken language and delete the new language

Page 13, line 1, delete the new language

Page 13, line 3, delete "material noncompliance" and insert "violation"

Page 13, line 11, delete everything after "has" and insert "violated"

Page 13, line 12, delete "with"

Page 14, after line 12, insert:

"Sec. 16. Minnesota Statutes 1994, section 61A.31, subdivision 3, is amended to read:

Subd. 3. [ACQUISITION OF PROPERTY.] Any domestic life insurance company may:

(a) acquire real property or any interest in real property, including oil and gas and other mineral interests, in the United States or any state thereof, or in the Dominion of Canada or any province thereof, as an investment for the production of income, and hold, improve or otherwise develop, and lease, sell, and convey the same either directly or as a joint venturer or through a limited, limited liability, or general partnership in which the company is a partner or through a limited liability company in which the company is a member. A company may not invest in any real property asset other than property held for the convenience and accommodation of its business if the investment causes: (1) the company's aggregate investments in the real property assets to exceed ten percent of its admitted assets; or (2) the company's investment in any single parcel of real property to exceed one-half of one percent of its admitted assets;

(b) acquire personal property in the United States or any state thereof, or in the Dominion of Canada or any province thereof, under lease or leases or commitment for lease or leases if: (1) either the fair value of the property exceeds the company's investment in it or the lessee, or at least one of the lessees, or a guarantor, or at least one of the guarantors, of the lease is a corporation with a net worth of $1,000,000 or more; and (2) the lease provides for rent sufficient to amortize the investment with interest over the primary term of the lease or the useful life of the property, whichever is less. A company may not invest in the personal property if the investment causes the company's aggregate investments in the personal property to exceed three percent of its admitted assets;

(c) acquire and hold real estate (1) if the purpose of the acquisition is to enhance the sale value of real estate previously acquired and held by the company under this section and (2) if the company expects the real estate so acquired to qualify and be held by the company under paragraph (a) within five years after acquisition; and

(d) not acquire real property under paragraphs (a) to (c) if the property is to be used primarily for agricultural, horticultural, ranch, mining, or church purposes.

All real property acquired or held under this subdivision must be carried at a value equal to the lesser of (1) cost plus the cost of capitalized improvements, less normal depreciation, or (2) market value.

Sec. 17. Minnesota Statutes 1994, section 62A.10, subdivision 1, is amended to read:

Subdivision 1. [REQUIREMENTS.] Group accident and health insurance is hereby declared to be that form of accident and health insurance covering 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 master policy 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, or to a trust or to the trustee of a fund established or adopted by two or more employers or maintained for the benefit of members of an association, where officers, members, employees, or classes or divisions thereof, may be insured for their individual benefit.

Any insurer authorized to write accident and health insurance in this state shall have power to issue group accident and health policies.

Sec. 18. Minnesota Statutes 1994, section 62A.10, subdivision 2, is amended to read:

Subd. 2. [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 employer, trustee, or executive officer or trustee of any association, and the individual applications, if any, of the employees or members insured, shall constitute the entire contract between the parties, and that all statements made by the employer or any executive officer or trustee in 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 employer, trustee, or to the executive officer or trustee of the association; and the insurer shall also issue to the employer, trustee, or to the executive officer or trustee of the association, for delivery to the employee or member who is insured under the policy, an individual certificate setting forth a statement as to the insurance protection to which the 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 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 eligible to and applying for insurance in that group or class and covered or to be covered by the master policy.

Sec. 19. Minnesota Statutes 1994, section 62L.02, subdivision 26, is amended to read:

Subd. 26. [SMALL EMPLOYER.] (a) "Small employer" means a person, firm, corporation, partnership, association, or other entity actively engaged in business, including a political subdivision of the state, that, on at least 50 percent of its working days during the preceding 12 months, employed no fewer than two nor more than 29, or after June 30, 1995, more than 49, current employees, the majority of whom were employed in this state. If an employer has only two eligible employees and one is the spouse, child, sibling, parent, or grandparent of the other, the employer must be a Minnesota domiciled employer and have paid social security or self-employment tax on behalf of both eligible employees. If an employer has only one eligible employee who has not waived coverage, the sale of a health plan to or for that eligible employee is not a sale to a small employer and is not subject to this chapter and may be treated as the sale of an individual health plan. A small employer plan may be offered through a domiciled association to self-employed individuals and small employers who are members of the association, even if the self-employed individual or small employer has fewer than two current employees. Entities that are eligible to file a combined tax return for purposes of state tax laws are considered a single employer for purposes of determining the number of current employees. Small employer status must be determined on an annual basis as of the renewal date of the health benefit plan. The provisions of this chapter continue to apply to an employer who no longer meets the requirements of this definition until the annual renewal date of the employer's health benefit plan.

(b) Where an association, described in section 62A.10, subdivision 1, comprised of employers contracts with a health carrier to provide coverage to its members who are small employers, the association shall be considered to be a small employer, with respect to those employers in the association that employ no fewer than two nor more than 29, or after June 30, 1995, more than 49, current employees, even though the association provides coverage to its members that do not qualify as small employers. An association in existence prior to July 1, 1993, is exempt from this chapter with respect to small employers that are members as of that date. However, in providing coverage to new employers after

July 1, 1993, the existing association must comply with all requirements of this chapter. Existing associations must register with the commissioner of commerce prior to July 1, 1993. With respect to small employers having not fewer than 30 nor more than 49 current employees, the July 1, 1993, date in this paragraph becomes July 1, 1995, and the reference to "after" that date becomes "on or after." "Small employer" does not include an association comprised of employers, described in section 62A.10, subdivision 1a, which contracts with a health carrier to provide coverage to its members and their employees, nor does it include members of the association who participate in the health plan and who may otherwise qualify as small employers. Health carriers providing a health plan to an association as described in this section must provide written notice of the existence of the plan to the commissioner of commerce on or before June 30, 1995, or within 60 days following the effective date of the plan, whichever comes later.

(c) If an employer has employees covered under a trust specified in a collective bargaining agreement under the federal Labor-Management Relations Act of 1947, United States Code, title 29, section 141, et seq., as amended, or employees whose health coverage is determined by a collective bargaining agreement and, as a result of the collective bargaining agreement, is purchased separately from the health plan provided to other employees, those employees are excluded in determining whether the employer qualifies as a small employer. Those employees are considered to be a separate small employer if they constitute a group that would qualify as a small employer in the absence of the employees who are not subject to the collective bargaining agreement."

Page 16, after line 3, insert:

"Sec. 21. Minnesota Statutes 1994, section 136E.04, is amended by adding a subdivision to read:

Subd. 9. [HEALTH COVERAGE; TECHNICAL COLLEGE EMPLOYEES.] The state must provide at least one plan of health coverage for technical college employees and their eligible dependents which provides coverage of services rendered by at least one hospital and one medical group located in each community in which a technical college is located if there is a hospital or medical group in that community.

Sec. 22. [EFFECTIVE DATE.]

Sections 17 to 19 are effective the day following final enactment.

Section 21 is effective July 1, 1995."

Renumber the sections in sequence and correct internal references

Delete the title and insert:

"A bill for an act relating to insurance; solvency; regulating disclosures, reinsurance, capital stock, managing general agents, and contracts issued on a variable basis; regulating certain health coverage and policy forms; amending Minnesota Statutes 1994, sections 13.71, by adding a subdivision; 60A.03, subdivision 9; 60A.07, subdivision 10; 60A.093, subdivision 2; 60A.11, subdivisions 18 and 20; 60A.705, subdivision 8; 60A.75; 60H.02, subdivision 4; 60H.05, subdivision 1; 60H.08; 61A.19; 61A.31, subdivision 3; 62A.10, subdivisions 1 and 2; 62L.02, subdivision 26; 67A.231; and 136E.04, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 60A."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 765, A bill for an act relating to employment; changing references to visually handicapped people; making changes of a technical and housekeeping nature; amending Minnesota Statutes 1994, sections 248.011; 248.07, subdivisions 1, 2, 3, 4, 5, 13, 14a, and 16; 248.10; 248.11; 268A.02, subdivision 2; 268A.03; and 268A.11, subdivisions 1 and 3; repealing Minnesota Statutes 1994, section 268A.12.

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

The report was adopted.

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

H. F. No. 796, A bill for an act relating to state agencies; requiring the refund of license fees to certain applicants if licenses are not issued within six weeks; proposing coding for new law in Minnesota Statutes, chapter 15.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [15.442] [REFUNDS OF LICENSE FEES.]

Subdivision 1. [DEFINITIONS.] For purposes of this section:

(1) "agency" has the meaning given it in section 16B.01, subdivision 2;

(2) "applicant" means an individual; a small business as defined by section 645.445; or a family farm, family farm corporation, or family farm partnership as defined by section 500.24, subdivision 2;

(3) "license" means a license, permit, variance, order, or other document or agency action required to permit an applicant to engage in certain conduct, perform an action, or refrain from performing an action; and

(4) "fee" means an amount of money paid for a license as defined in clause (3) that covers the cost of processing, investigating, and issuing the license, including a fee paid to a political subdivision or an agent of the state or a political subdivision, but does not include:

(i) any charge the collection of which is administered by the commissioner of revenue, other than a fee for a license the commissioner issues;

(ii) reemployment insurance tax required by chapter 268; or

(iii) motor vehicle registration tax required by chapter 168.

Subd. 2. [REFUNDS REQUIRED.] An agency, upon request of an applicant, shall refund the fee paid by the applicant for a license if the agency has not taken final action on the application and conveyed the license, or other action on the application, to the applicant within six weeks of receiving the application in complete, correct form together with any required information or documentation. An agency has conveyed a license or other action when, as shown by agency records, it has taken the normal steps used by the agency to deliver a license or notification of other action to an applicant. Delivery by mail is accomplished when a license or other notification is deposited with the postal service. A request for a refund may be made in person, by telephone or facsimile, by other electronic means, or by mail. This section does not apply to licenses issued by health regulatory agencies under chapter 214, or to licenses the issuance of which requires:

(1) one or more public hearings;

(2) verification of an applicant's background, credentials, or financial condition; or

(3) an environmental impact statement or environmental assessment worksheet.

Subd. 3. [RULES PROHIBITED.] An agency may not adopt rules limiting, adding conditions to, or otherwise governing the issuance of refunds under this section.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective July 1, 1995, and applies to applications filed after June 30, 1995."

With the recommendation that when so amended the bill be re-referred to the Committee on Governmental Operations without further recommendation.

The report was adopted.

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

H. F. No. 797, A bill for an act relating to drivers' licenses; requiring the refund of license fees to applicants who do not receive licenses, duplicate licenses, permits, or Minnesota identification cards within six weeks; amending Minnesota Statutes 1994, section 171.06, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 16B.06, subdivision 2, is amended to read:

Subd. 2. [VALIDITY OF STATE CONTRACTS.] (a) A state contract or lease is not valid and the state is not bound by it until:

(1) it has first been executed by the head of the agency or a delegate which is a party to the contract;

(2) it has been approved by the commissioner or a delegate, under this section, and the commissioner or a delegate has determined that the terms of the contract are consistent in all respects with any law which specifically authorizes or requires the action which is the subject of the contract;

(3) it has been approved by the attorney general or a delegate as to form and execution; and

(4) the account system shows an allotment or encumbrance balance for the full amount of the contract liability.

(b) Paragraph (a), clause (2), does not apply to contracts between state agencies or contracts awarding grants.

(c) The head of the agency may delegate the execution of specific contracts or specific types of contracts to a designated subordinate within the agency if the delegation has been approved by the commissioner of administration and filed with the secretary of state. The fully executed copy of every contract or lease must be kept on file at the contracting agency.

Sec. 2. Minnesota Statutes 1994, section 171.06, is amended by adding a subdivision to read:

Subd. 6. [REFUND OF FEE.] The department, upon request of an applicant, shall refund the fee paid by the applicant for a license, instruction permit, duplicate license, or Minnesota identification card if the applicant does not receive the license, permit, or card, other than the temporary license, permit, or card issued at the time of application, within six weeks of having filed the application for it. No refund shall be made to an applicant if the applicant has, within six weeks of having filed an application, received from the department a notification of ineligibility or a notification that the application lacks information. Receipt by the applicant is deemed to take place when the department mails the license, permit, card, or notification to the address on the application. The department shall retain a record of the date of mailing of the license, permit, card, or notification for one year after the date of mailing. A request for a refund may be made in person, by telephone or facsimile, by electronic mail, or in writing within one year after filing the application. The refund must include the $3.50 filing fee retained under subdivision 4. The department may not require a county or agent to relinquish a filing fee retained from a fee refunded under this subdivision. The department shall not refund a fee paid by an applicant if a requirement of federal law or court order imposed or entered after July 1, 1995, prevents the department from issuing a license, permit, or card within six weeks of the application.

Sec. 3. Minnesota Statutes 1994, section 171.07, subdivision 1, is amended to read:

Subdivision 1. [LICENSE; CONTENTS.] The department shall, upon the payment of the required fee, regardless of a subsequent refund of the fee under section 171.06, subdivision 6, issue to every applicant qualifying therefor a license designating the type or class of vehicles the applicant is authorized to drive as applied for, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address and permanent mailing address if different, a description of the licensee in such manner as the commissioner deems necessary, and a space upon which the licensee shall write the usual signature and the date of birth of the licensee with pen and ink. No license shall be valid until it has been so signed by the licensee. Except in the case of an instruction permit, every license shall bear thereon a colored photograph or an electronically produced image of the

licensee. Every license issued to an applicant under the age of 21 shall be of a distinguishing color and plainly marked "Under-21." The department shall use such process or processes in the issuance of licenses that prohibits as near as possible, the ability to alter or reproduce the licenses, or prohibit the ability to superimpose a photograph or electronically produced image on such licenses without ready detection. A license issued to an applicant of age 65 or over shall be plainly marked "senior" if requested by the applicant.

Sec. 4. Minnesota Statutes 1994, section 171.07, subdivision 3, is amended to read:

Subd. 3. [IDENTIFICATION CARD; FEE.] Upon payment of the required fee, regardless of a subsequent refund of the fee under section 171.06, subdivision 6, the department shall issue to every applicant therefor a Minnesota identification card. The department may not issue a Minnesota identification card to a person who has a driver's license, other than an instruction permit or a limited license. The card must bear a distinguishing number assigned to the applicant, a colored photograph or an electronically produced image, the full name, date of birth, residence address, a description of the applicant in the manner as the commissioner deems necessary, and a space upon which the applicant shall write the usual signature and the date of birth of the applicant with pen and ink.

Each Minnesota identification card must be plainly marked "Minnesota identification card - not a driver's license."

The fee for a Minnesota identification card issued to a person who is mentally retarded, as defined in section 252A.02, subdivision 2, or to a physically disabled person, as defined in section 169.345, subdivision 2, is 50 cents.

Sec. 5. [EVALUATION OF DRIVER'S LICENSE AND IDENTIFICATION CARD PROGRAM.]

The legislative audit commission is requested to direct the legislative auditor to conduct an evaluation of the improved security driver's license and identification card program and report to the legislature by January 1, 1996, concerning its findings. The evaluation of the program must focus on the following:

(1) consistency between Minnesota Statutes, section 170.07, subdivision 9, and specifications in the invitation to bid documents and contract;

(2) bidding process leading to the award of the contract;

(3) evaluation of bids and samples submitted;

(4) authorization to begin work under the contract;

(5) incurring of costs before execution of the contract;

(6) administration of the contract, with specific reference to decisions and actions concerning the unsatisfactory performance penalty clause;

(7) causes of delays in issuing drivers' licenses and identification cards to applicants; and

(8) role of the department of public safety and department of administration in the foregoing areas.

Sec. 6. [EFFECTIVE DATE.]

Sections 2 to 4 are effective July 1, 1995, and apply to applications submitted on and after that date."

Delete the title and insert:

"A bill for an act relating to drivers' licenses; providing conditions for validity of state contracts; requiring refund of license fee if a qualified applicant does not receive a license, duplicate license, permit, or identification card within six weeks of application; providing for issuance of license without regard to whether the fee has been refunded; requiring legislative audit commission to study driver's license and identification card program; amending Minnesota Statutes 1994, sections 16B.06, subdivision 2; 171.06, by adding a subdivision; and 171.07, subdivisions 1 and 3."

With the recommendation that when so amended the bill be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance without further recommendation.

The report was adopted.

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

H. F. No. 812, A bill for an act relating to natural resources; broadening the uses permitted for emergency materials and equipment; amending Minnesota Statutes 1994, section 88.065.

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

The report was adopted.

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

H. F. No. 843, A bill for an act relating to insurance; health; requiring coverage for hospitalization and anesthesia coverage for dental procedures; requiring coverage for general anesthesia and treatment for covered medical conditions rendered by a dentist; proposing coding for new law in Minnesota Statutes, chapter 62A.

Reported the same back with the following amendments:

Page 1, line 16, delete everything after "who" and insert ": (1) is a child under age five; or (2) is severely disabled; or (3) has a medical condition, and who"

Page 1, line 17, delete everything before "requires"

Page 1, line 19, before the period, insert "because of a medical condition or a severe disability"

Page 1, line 25, delete "covered" and after "condition" insert "covered by the health plan,"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 848, A bill for an act relating to metropolitan transit; appropriating money for security measures on metropolitan council transit vehicles.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 1994, section 473.408, subdivision 2, is amended to read:

Subd. 2. [FARE POLICY.] (a) Fares and fare collection systems shall be established and administered to accomplish the following purposes:

(1) to encourage and increase transit and paratransit ridership with an emphasis on regular ridership;

(2) to restrain increases in the average operating subsidy per passenger;

(3) to ensure that no riders on any route pay more in fares than the average cost of providing the service on that route;

(4) to ensure that operating revenues are proportioned to the cost of providing the service so as to reduce any disparity in the subsidy per passenger on routes in the transit system; and

(5) to implement the social fares as set forth in subdivision 3 2b.

(b) The plan must contain a statement of the policies that will govern the imposition of user charges for various types of transit service and the policies that will govern decisions by the council to change fare policy.

Sec. 2. Minnesota Statutes 1994, section 473.408, is amended by adding a subdivision to read:

Subd. 2b. [SOCIAL FARES.] For the purposes of raising revenue for improving public safety on transit vehicles and at transit hubs or stops, the council shall review and adjust its social fares as they relate to passengers under the age of 18 during high crime times provided that the increased revenues are dedicated to improving the safety of all passengers."

Page 1, line 6, delete "Section 1." and insert "Sec. 3."

Page 1, line 12, delete "2" and insert "4"

Page 1, line 13, delete "Section 1" and insert "This act"

Amend the title as follows:

Page 1, line 3, before "for" insert "and providing for continued financing through certain social fares"

Page 1, line 4, before the period, insert "; amending Minnesota Statutes 1994, section 473.408, subdivision 2, and by adding a subdivision"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

H. F. No. 878, A bill for an act relating to drivers' licenses; providing for firearms safety designation on driver's license; amending Minnesota Statutes 1994, section 171.07, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 12, delete "payment of" and insert "if the applicant so requests and pays"

Page 1, line 18, after "applicant" insert "has successfully completed the course and"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

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

Reported the same back with the following amendments:

Pages 2 and 3, delete section 2

Page 4, line 11, after "each" insert "subsequent"

Page 4, line 33, after "alcohol" insert ", and if that person was driving during or after the consumption of alcohol is subject to driver's license suspension"

Page 4, line 35, delete "4" and insert "3"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 3, delete "the"

Page 1, line 4, delete everything before "the"

Page 1, lines 8 and 9, delete "171.06, subdivision 3;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Trimble from the Committee on Regulated Industries and Energy to which was referred:

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

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

The report was adopted.

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

H. F. No. 974, A bill for an act relating to health; modifying certain fee payment time schedules; amending Minnesota Statutes 1994, section 144.98, subdivision 3.

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

The report was adopted.

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

H. F. No. 975, A bill for an act relating to health; modifying the definition of home care service; amending Minnesota Statutes 1994, section 144A.43, subdivision 3.

Reported the same back with the following amendments:

Page 2, after line 15, insert:

"Sec. 2. Minnesota Statutes 1994, section 144A.47, is amended to read:

144A.47 [INFORMATION AND REFERRAL SERVICES.]

The commissioner shall ensure that information and referral services relating to home care are available in all regions of the state. The commissioner shall collect and make available information about available home care services, sources of payment, providers, and the rights of consumers. The commissioner may require home care providers to provide information requested for the purposes of this section, including price information, as a condition of registration or licensure. Specific price information furnished by providers under this section is not public data and must not be released without the written permission of the agency. The commissioner may publish and make available:

(1) general information and a summary of the range of prices of describing home care services in the state;

(2) limitations on hours, availability of services, and eligibility for third-party payments, applicable to individual providers; and

(3) other information the commissioner determines to be appropriate."

Amend the title as follows:

Page 1, line 3, after "service;" insert "modifying home care service information requirements;"

Page 1, line 4, delete "section" and insert "sections" and before the period, insert "; and 144A.47"

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

The report was adopted.

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

H. F. No. 979, A bill for an act relating to transportation; appropriating $10,000,000 to the commissioner of transportation for port development assistance; increasing the share of port development project costs that may be paid by the commissioner; specifying who may apply for grants and loans; amending Minnesota Statutes 1994, sections 457A.02, subdivision 2; and 457A.03, subdivision 3; repealing Minnesota Statutes 1994, section 457A.01, subdivision 7.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

H. F. No. 983, A bill for an act relating to health; reinstating certain advisory councils and a task force.

Reported the same back with the following amendments:

Page 1, after line 4, insert:

"Section 1. Minnesota Statutes 1994, section 326.41, is amended to read:

326.41 [ADVISORY COUNCIL.]

The state commissioner of health shall appoint seven nine persons to the advisory council on plumbing code and examinations, one two of whom shall be a practical master plumber, one a practical journeyman plumber, and one a representative of the commissioner plumbers, one who represents greater Minnesota and one who represents the metropolitan area, and two of whom shall be journeyman plumbers, one who represents greater Minnesota and one who represents the metropolitan area. The council shall expire and the terms, compensation and removal of members of the council shall be as provided in section 15.059, except that the council shall not expire before June 30, 1995 2003.

Sec. 2. [PLUMBING WORK GROUP.]

The commissioner of health shall establish a work group to study and report to the commissioner by January 1, 1996, recommendations for proposed statutory revisions to Minnesota Statutes, chapter 326, that will ensure public health protection through regulation of plumbing and water conditioning installations. The work group shall consist of representatives of plumbers, water conditioners, local and state units of government, and affected statewide trades and organizations."

Page 1, line 5, delete "Section 1" and insert "Sec. 3"

Page 1, line 7, delete everything after the second comma

Page 1, line 8, delete everything before "the"

Page 1, line 9, delete "aid" and insert "and"

Page 1, line 13, delete "2" and insert "4"

Page 1, line 14, delete "1" and insert "3"

Amend the title as follows:

Page 1, line 3, before the period, insert "; establishing a work group; amending Minnesota Statutes 1994, section 326.41"

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

The report was adopted.

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

H. F. No. 1003, A bill for an act relating to health; modifying provisions relating to X-ray operators and inspections; establishing an advisory committee; amending Minnesota Statutes 1994, section 144.121, by adding subdivisions.

Reported the same back with the following amendments:

Page 2, after line 14, insert:

"Sec. 4. [SUNSET.]

Section 3 expires March 31, 1996."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1009, A bill for an act relating to drivers' licenses; authorizing and allocating charges for driver's license reinstatement; providing that a person whose license has been suspended due to failure to appear in a court outside the state, but who subsequently appears for determination of the case, does not have to pay the license reinstatement fee; amending Minnesota Statutes 1994, section 171.20, subdivision 4.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

H. F. No. 1011, A bill for an act relating to traffic regulations; prohibiting radar jammers; amending Minnesota Statutes 1994, section 169.14, by adding a subdivision.

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

The report was adopted.

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

H. F. No. 1015, A bill for an act relating to the environment; environmental quality board; modifying the environmental review program; amending Minnesota Statutes 1994, section 116D.04, subdivisions 1a, 2a, 2b, and 5a.

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

The report was adopted.

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

H. F. No. 1018, A bill for an act relating to the environment; conforming state regulation of chlorofluorocarbons to federal law; amending Minnesota Statutes 1994, sections 116.731, subdivisions 2, 4, and 4a; and 116.735.

Reported the same back with the following amendments:

Page 2, line 21, after "competence" insert "that has been approved by the commissioner"

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. 1027, A bill for an act relating to the environment; establishing an environmental legal assistance pilot project; appropriating money.

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

The report was adopted.

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

H. F. No. 1037, A bill for an act relating to health; providing rulemaking authority; modifying enforcement and fee provisions; providing penalties; amending Minnesota Statutes 1994, sections 144.414, subdivision 3; 144.417, subdivision 1; 144.99, subdivisions 1, 4, and 6; 144.991, subdivision 5; 326.75, subdivision 3a; and 326.78, subdivisions 2 and 9; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1994, section 144.8781, subdivision 4; Laws 1989, chapter 282, article 3, section 28; and Laws 1993, chapter 286, section 11.

Reported the same back with the following amendments:

Page 1, line 14, after "POOLS" insert "; ENCLOSED SPORTS ARENAS"

Page 1, line 15, before "The" insert "Subdivision 1. [PUBLIC POOLS.]"

Page 1, after line 21, insert:

"Subd. 2. [ENCLOSED SPORTS ARENAS.] The commissioner of health shall be responsible for the adoption of rules and enforcement of applicable laws and rules relating to the operation and maintenance of enclosed sports arenas."

Page 2, line 8, delete "well-ventilated area" and insert "room ventilated at a rate of 60 cubic feet per minute per person"

Page 2, line 30, strike "144.878" and insert "144.879"

Page 3, after line 34, insert:

"Sec. 7. Minnesota Statutes 1994, section 144.99, subdivision 8, is amended to read:

Subd. 8. [DENIAL OR REFUSAL TO REISSUE PERMITS, LICENSES, REGISTRATIONS, OR CERTIFICATES.] (a) The commissioner may deny or refuse to renew an application for a permit, license, registration, or certificate required under the statutes or rules cited in subdivision 1, if the applicant does not meet or fails to maintain the minimum qualifications for holding a permit, license, registration, or certificate or has any unresolved violations related to the activity for which the permit, license, registration, or certificate was issued.

(b) The commissioner may also deny or refuse to renew a permit, license, registration, or certificate required under the statutes or rules cited in subdivision 1 if the applicant has a persistent pattern of violations related to the permit, license, registration, or certificate, or if the applicant submitted false material information to the department in connection with the application.

(c) The commissioner may condition the grant or renewal of a permit, license, registration, or certificate on a demonstration by the applicant that actions needed to ensure compliance with the requirements of the statutes listed in subdivision 1 have been taken, or may place conditions on or issue a limited permit, license, registration, or certificate as a result of previous violations by the applicant.

Sec. 8. Minnesota Statutes 1994, section 144.99, subdivision 10, is amended to read:

Subd. 10. [HEARINGS RELATED TO DENIAL, REFUSAL TO RENEW, SUSPENSION, OR REVOCATION OF A PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE.] If the commissioner proposes to deny, refuses to renew, suspends, or revokes a permit, license, registration, or certificate under subdivision 8 or 9, the commissioner must first notify, in writing, the person against whom the action is proposed to be taken and provide the person an opportunity to request a hearing under the contested case provisions of chapter 14. If the person does not request a hearing by notifying the commissioner within 20 days after receipt of the notice of proposed action, the commissioner may proceed with the action without a hearing."

Page 4, line 13, delete "ten" and insert "15"

Page 5, after line 13, insert:

"Sec. 10. Minnesota Statutes 1994, section 326.71, subdivision 4, is amended to read:

Subd. 4. [ASBESTOS-RELATED WORK.] "Asbestos-related work" means the enclosure, removal, or encapsulation of asbestos-containing material in a quantity that meets or exceeds 260 lineal feet of friable asbestos-containing material on pipes, 160 square feet of friable asbestos-containing material on other facility components, or, if linear feet or square feet cannot be measured, a total of 35 cubic feet of friable asbestos-containing material on or off all facility components in one facility. In the case of single or multifamily residences, "asbestos-related work" also means the enclosure, removal, or encapsulation of greater than ten but less than 260 lineal feet of friable asbestos-containing material on pipes or ducts or greater than six but less than 160 square feet of friable asbestos-containing material on other facility components. This provision excludes asbestos-containing floor tiles and sheeting, roofing materials, siding, and all ceilings with asbestos-containing material in single family residences and buildings with no more than four dwelling units. Asbestos-related work includes asbestos abatement area preparation; enclosure, removal, encapsulation, or repair operations; and an air quality monitoring specified in rule to assure that the abatement and adjacent areas are not contaminated with asbestos fibers during the project and after completion.

For purposes of this subdivision, the quantity of asbestos containing material applies separately for every project permit fee paid under section 326.75, subdivision 3."

Page 6, after line 24, insert:

"Sec. 14. [EXTENSION OF HEARING INSTRUMENT DISPENSER TRAINEE PERIOD.]

Notwithstanding Minnesota Statutes, section 153A.14, subdivision 4a, paragraph (a), a person approved by the commissioner of health as a hearing instrument dispenser trainee after July 1, 1994, and before December 1, 1994, may continue to dispense hearing instruments as a trainee until November 1, 1995."

Page 6, line 26, delete "section" and insert "sections 144.877, subdivision 5; and"

Page 6, line 27, delete "is" and insert "are"

Page 6, line 28, after the period, insert "Minnesota Rules, part 4620.1500, is repealed."

Page 6, after line 28, insert:

"Sec. 16. [EFFECTIVE DATE.]

Section 14 is effective the day following final enactment."

Renumber the sections in sequence

Correct internal references

Amend the title as follows:

Page 1, line 3, after "provisions;" insert "modifying the hearing instrument dispenser trainee period;"

Page 1, line 6, delete "and" and after "6" insert ", 8, and 10"

Page 1, line 7, after the first semicolon, insert "326.71, subdivision 4;"

Page 1, line 10, delete "section" and insert "sections 144.877, subdivision 5; and"

Page 1, line 12, after "11" insert "; Minnesota Rules, part 4620.1500"

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. 1055, A bill for an act relating to waters; eliminating the position of board of water and soil resources secretary; increasing board members' compensation; duties of advisory committees; rule approval procedure; guidelines for management plans; exemptions from review; appeals from rules, permit decisions, and orders; informal dispute resolution; tax levy for common benefits; assessment basis; authorizing special taxing districts and common benefit funds; amending Minnesota Statutes 1994, sections 103D.011, subdivision 21; 103D.101, subdivision 4; 103D.205, subdivisions 1 and 4; 103D.221, subdivision 2; 103D.255, subdivision 1; 103D.261, subdivision 1; 103D.271, subdivisions 2 and 4; 103D.305, subdivision 1; 103D.311, subdivision 4; 103D.315, subdivisions 1, 8, and 11; 103D.321, subdivision 2; 103D.331; 103D.335, subdivisions 5, 6, and 13; 103D.341, subdivision 2; 103D.351; 103D.401, subdivisions 1 and 2; 103D.405, subdivision 1; 103D.515, subdivision 4; 103D.531; 103D.535, subdivisions 1, 4, and 5; 103D.537; 103D.611, subdivisions 1, 4, and 5; 103D.621, subdivision 4; 103D.625, subdivisions 3 and 4; 103D.631, subdivision 2; 103D.635, subdivisions 1 and 3; 103D.705, subdivision 1; 103D.711, subdivision 2; 103D.715, subdivision 3; 103D.721, subdivision 2; 103D.741, subdivision 1; 103D.745, subdivisions 2 and 3; 103D.811, subdivisions 1 and 3; 103D.901, subdivisions 2, 4, and 5; 103D.905, subdivisions 3 and 5; 103D.921, subdivisions 1 and 3; and 103D.925; proposing coding for new law in Minnesota Statutes, chapter 103D.

Reported the same back with the following amendments:

Amend the title as follows:

Page 1, line 8, delete "tax levy for common benefits;"

Page 1, lines 9 and 10, delete "authorizing special taxing districts and common benefit funds;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1073, A bill for an act relating to metropolitan government; authorizing financing for transit and paratransit facilities and equipment; removing the limitation on metro mobility funding for capital costs; amending Minnesota Statutes 1994, section 473.39, subdivision 1b.

Reported the same back with the following amendments:

Page 1, line 12, reinstate the stricken "$62,000,000,"

Page 1, line 13, reinstate the stricken "which" and delete the new language

Page 1, after line 25, insert:

"Sec. 2. Minnesota Statutes 1994, section 473.39, is amended by adding a subdivision to read:

Subd. 1c. [ADDITIONAL OBLIGATIONS.] In addition to the authority in subdivisions 1a and 1b, the council may also issue certificates of indebtedness, bonds, or other obligations under this section in an amount not exceeding $50,000,000, which may be used for capital expenditures as prescribed in the council's transit capital improvement program; security measures on transit vehicles, including, but not limited to, plexiglas enclosures for drivers and on-bus surveillance cameras; and for related costs, including the costs of issuance and sale of the obligations."

Page 2, line 8, delete "and 2" and insert "to 3"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 6, before the period, insert ", and by adding a subdivision"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

H. F. No. 1101, A bill for an act relating to water law; making miscellaneous technical corrections to water law; delegation of permit authority; minimal impact permits; removal of hazardous dams; amending Minnesota Statutes 1994, sections 103F.215, subdivision 1; 103F.221, subdivision 1; 103G.005, subdivision 14; 103G.105; 103G.111, subdivision 1; 103G.121, subdivision 1; 103G.135; 103G.245, subdivisions 3 and 5; 103G.271, subdivision 2; 103G.275, subdivision 1; 103G.295, subdivision 4; 103G.301, subdivision 2; 103G.315, subdivisions 12 and 15; 103G.511, subdivision 12; 103G.515, by adding a subdivision; and 103G.611, subdivision 3.

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

The report was adopted.

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

H. F. No. 1128, A bill for an act relating to the environment; conforming the definition of sewage sludge to federal language; providing for mediation of wastewater treatment disputes; providing for rules regarding permit fee increases; amending Minnesota Statutes 1994, sections 115.49, subdivision 1; 115A.03, subdivision 29; and 116.07, subdivision 4d.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 103F.725, subdivision 1a, is amended to read:

Subd. 1a. [FINANCIAL ASSISTANCE; LOANS.] (a) Up to $10,000,000 of the balance in the water pollution control revolving fund in section 446A.07, as determined by the public facilities authority shall be appropriated to the commissioner for the establishment of a clean water partnership loan program.

(b) The agency may award loans for up to 100 percent of the costs associated with activities identified by the agency as best management practices pursuant to section 319 and section 320 of the federal Water Quality Act of 1987, as amended, including associated administrative costs.

(c) Loans may be used to finance clean water partnership grant project eligible costs not funded by grant assistance.

(d) The interest rate, at or below market rate, and the term, not to exceed 20 years, shall be determined by the agency in consultation with the public facilities authority.

(e) The repayment must be deposited in the water pollution control revolving fund under section 446A.07.

(f) The local unit of government receiving the loan is responsible for repayment of the loan.

(g) For the purpose of obtaining a loan from the agency to finance clean water partnership grant eligible costs that are not funded by grant assistance, a local unit of government may provide to the agency its general obligation note. All obligations incurred by a local unit of government in obtaining a loan from the agency shall be in accordance with chapter 475. An election by a local unit of government is not required so long as the obligations issued evidence a loan from the agency from the proceeds according to section 446A.07.

Sec. 2. Minnesota Statutes 1994, section 115A.03, subdivision 29, is amended to read:

Subd. 29. [SEWAGE SLUDGE.] "Sewage sludge" means the solids and associated liquids in municipal wastewater which are encountered and concentrated by a municipal wastewater treatment plant solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. It includes, but is not limited to, scum or solids removed in primary, secondary, or advanced wastewater treatment processes and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator residues and or grit, scum, or and screenings removed from other solids during treatment generated during preliminary treatment of domestic sewage in a treatment works. Sewage sludge that is acceptable and beneficial for recycling on land as a soil conditioner and nutrient source is also known as biosolids.

Sec. 3. Minnesota Statutes 1994, section 116.07, subdivision 4d, is amended to read:

Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit fees in amounts not greater than those necessary to cover the reasonable costs of reviewing and acting upon applications for agency permits and implementing and enforcing the conditions of the permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The agency shall adopt rules under section 16A.128 16A.1285 establishing the amounts and methods of collection of any a system for charging permit fees collected under this subdivision. The fee schedule must reflect reasonable and routine permitting, implementation, and enforcement costs, and may reflect the amount of pollutants in the discharge. If the agency chooses to use pollutant load as a factor in fee calculation, it shall report to the legislative water commission on the fairness, understandability, and administration of the fee. The agency may impose an additional enforcement fee to be collected for a period of up to two years to cover the reasonable costs of implementing and enforcing the conditions of a permit under the rules of the agency. Any money collected under this paragraph shall be deposited in the special revenue account.

(b) Notwithstanding paragraph (a), and section 16A.128 16A.1285, subdivision 1 2, the agency shall collect an annual fee from the owner or operator of all stationary sources, emission facilities, emissions units, air contaminant treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage facilities subject to the requirement to obtain a permit under Title V of the federal Clean Air Act Amendments of 1990, Public Law Number 101-549, Statutes at Large, volume 104, pages 2399 et seq., or section 116.081. The annual fee shall be used to pay for all direct

and indirect reasonable costs, including attorney general costs, required to develop and administer the permit program requirements of Title V of the federal Clean Air Act Amendments of 1990, Public Law Number 101-549, Statutes at Large, volume 104, pages 2399 et seq., and sections of this chapter and the rules adopted under this chapter related to air contamination and noise. Those costs include the reasonable costs of reviewing and acting upon an application for a permit; implementing and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally applicable regulations; responding to federal guidance; modeling, analyses, and demonstrations; preparing inventories and tracking emissions; providing information to the public about these activities; and, after June 30, 1992, the costs of acid deposition monitoring currently assessed under section 116C.69, subdivision 3.

(c) The agency shall adopt fee rules in accordance with the procedures in section 16A.128, subdivisions 1a and 2a 16A.1285, subdivision 5, that will result in the collection, in the aggregate, from the sources listed in paragraph (b), of the following amounts:

(1) in fiscal years 1992 and 1993, the amount appropriated by the legislature from the air quality account in the environmental fund for the agency's air quality program;

(2) for fiscal year 1994 and thereafter, an amount not less than $25 per ton of each volatile organic compound; pollutant regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national primary ambient air quality standard has been promulgated; and

(3) for fiscal year 1994 and thereafter, the agency fee rules may also result in the collection, in the aggregate, from the sources listed in paragraph (b), of an amount not less than $25 per ton of each pollutant not listed in clause (2) that is regulated under Minnesota Rules, chapter 7005, or for which a state primary ambient air quality standard has been adopted.

The agency must not include in the calculation of the aggregate amount to be collected under the fee rules any amount in excess of 4,000 tons per year of each air pollutant from a source.

(d) To cover the reasonable costs described in paragraph (b), the agency shall provide in the rules promulgated under paragraph (c) for an increase in the fee collected in each year beginning after fiscal year 1993 by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of the year the fee is collected exceeds the Consumer Price Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year. The revision of the Consumer Price Index that is most consistent with the Consumer Price Index for calendar year 1989 shall be used.

(e) Any money collected under paragraphs (b) to (d) must be deposited in an air quality account in the environmental fund and must be used solely for the activities listed in paragraph (b).

(f) Persons who wish to construct or expand an air emission facility may offer to reimburse the agency for the costs of staff overtime or consultant services needed to expedite permit review. The reimbursement shall be in addition to fees imposed by paragraphs (a) to (d). When the agency determines that it needs additional resources to review the permit application in an expedited manner, and that expediting the review would not disrupt air permitting program priorities, the agency may accept the reimbursement. Reimbursements accepted by the agency are appropriated to the agency for the purpose of reviewing the permit application. Reimbursement by a permit applicant shall precede and not be contingent upon issuance of a permit and shall not affect the agency's decision on whether to issue or deny a permit, what conditions are included in a permit, or the application of state and federal statutes and rules governing permit determinations."

Delete the title and insert:

"A bill for an act relating to the environment; modifying the clean water partnership loan program; conforming the definition of sewage sludge to federal language; providing for rules regarding permit fee calculations; amending Minnesota Statutes 1994, sections 103F.725, subdivision 1a; 115A.03, subdivision 29; and 116.07, subdivision 4d."

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 1187, A bill for an act relating to housing; appropriating money for a nonprofit community organization to provide low-cost housing to low-income families and individuals.

Reported the same back with the following amendments:

Page 1, line 8, after "agency" insert "for the housing development fund"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

H. F. No. 1200, A bill for an act relating to the city of Crookston; exempting a tax increment financing district from the state aid offset.

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

The report was adopted.

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

H. F. No. 1238, A bill for an act relating to waters; planning, development, review, reporting, and coordination of surface and groundwater management in the metropolitan area; amending Minnesota Statutes 1994, sections 103B.205, by adding a subdivision; 103B.211, subdivision 1; 103B.231, subdivisions 3, 4, 6, 7, 8, 9, 11, and by adding a subdivision; 103B.235, subdivision 3; 103B.241, subdivision 1; 103B.245, subdivisions 1 and 4; 103B.251, subdivisions 3 and 7; 103B.255, subdivisions 6, 7, 8, 9, 10, and 12; 103B.311, subdivisions 4 and 6; 103B.3369, subdivisions 5 and 6; and 103B.355; proposing coding for new law in Minnesota Statutes, chapter 103B; repealing Minnesota Statutes 1994, sections 103B.211, subdivision 4; 103B.227, subdivision 6; 103B.231, subdivisions 5 and 12; and 103B.3365.

Reported the same back with the following amendments:

Page 16, line 10, delete the second "of" and insert "in"

Page 16, delete lines 11 to 13

Page 16, line 14, delete "would likely cause permanent harm"

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

The report was adopted.

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

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.

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

The report was adopted.

H. F. Nos. 142, 365, 396, 446, 460, 747, 765, 812, 843, 901, 957, 974, 975, 1003, 1011, 1015, 1018, 1037, 1055 and 1101 were read for the second time.

S. F. No. 318 was read for the second time.

The following House Files were introduced:

Solberg; Anderson, I., and Kinkel introduced:

H. F. No. 1441, A bill for an act relating to public lands; notice requirements for sales of tax-forfeited lands; leasing of tax-forfeited lands; roads used by counties on tax-forfeited lands; amending Minnesota Statutes 1994, sections 282.02; and 282.04, subdivision 1, and by adding a subdivision.

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

Greenfield, Leppik and Lourey introduced:

H. F. No. 1442, A bill for an act relating to health; occupations and professions; modifying provisions relating to the office of mental health practice; licensing of chemical dependency counselors and hearing instrument dispensers; establishing an advisory council; providing penalties; amending Minnesota Statutes 1994, sections 148B.66, subdivisions 1 and 2, and by adding a subdivision; 148B.68, subdivision 1; 148B.70, subdivision 3; 148C.01; 148C.02; 148C.03, subdivision 1, and by adding a subdivision; 148C.04, subdivisions 2, 3, and 4; 148C.05; 148C.06; 148C.07; 148C.08; 148C.09; 148C.10; 148C.11; 153A.13; 153A.14; 153A.15, subdivisions 1 and 2; 153A.17; 153A.18; 153A.19; 214.01, subdivision 2; 214.10, subdivision 8; and 214.103, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 148C; and 153A; repealing Minnesota Statutes 1994, sections 148B.62; 148C.01, subdivision 8; 148C.03, subdivisions 2 and 3; 148C.035; 148C.09, subdivision 3; and 153A.19, subdivision 1; Minnesota Rules, chapters 4692; and 4745.

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

Kalis, Daggett, Garcia and Lieder introduced:

H. F. No. 1443, A bill for an act relating to motor carriers; deregulating and conforming state motor carrier laws to federal regulations and conditions; increasing registration fees for motor carrier vehicles; making technical changes; appropriating money; amending Minnesota Statutes 1994, sections 168.013, subdivision 1e; 168.126, subdivisions 1 and 2; 174A.02, subdivision 4; 174A.06; 221.011, subdivisions 1, 7, 8, 9, 14, 15, 16, 26, 29, 37, and by adding subdivisions; 221.021; 221.022; 221.025; 221.031, subdivisions 1 and 5; 221.033, subdivisions 2 and 2a; 221.035, subdivision 2; 221.036, subdivisions 1 and 3; 221.041; 221.051, subdivision 1; 221.061; 221.071; 221.081; 221.091; 221.121, subdivisions 1, 4, and 6a; 221.122, subdivision 1; 221.131, subdivisions 2 and 3; 221.141, subdivisions 1 and 5; 221.151, subdivisions 1 and 2; 221.161, subdivisions 1 and 4; 221.171, subdivision 2; 221.172, subdivisions 3, 9, and 10; 221.221, subdivision 2; 221.281; 221.291, subdivisions 4 and 5; 221.60, subdivision 3a; 221.605, subdivision 1; 221.81, subdivision 3e; 221.84, subdivision 4; 221.85, subdivision 3; and 609.671, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 221; repealing Minnesota Statutes 1994, sections 221.011, subdivisions 10, 12, 18, 24, 25, 27, 28, 35, 36, 38, 39, 40, 41, 43, 44, 45, and 46; 221.031, subdivisions 2, 2a, 2b, 3, 3a, 3b, 3c, 6, 7, 8, and 9; 221.0313; 221.0314; 221.037; 221.072; 221.101; 221.111; 221.121, subdivisions 3, 6c, 6d, 6e, 6f, and 6g; 221.131, subdivisions 6 and 7; 221.141, subdivision 6; 221.151, subdivision 3; 221.152; 221.153; 221.172, subdivisions 1, 2, 4, 5, 6, 7, and 8; 221.185; and 221.296.

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

Milbert introduced:

H. F. No. 1444, A bill for an act relating to game and fish; form of licenses; reports by licensees; amending Minnesota Statutes 1994, sections 97A.045, subdivision 5; and 97B.061.

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

Kelley, Rhodes, Farrell, McGuire and Johnson, V., introduced:

H. F. No. 1445, A bill for an act relating to criminal justice; requiring public data held by the bureau of criminal apprehension to be made available to law enforcement agencies on the Internet; requiring the bureau of criminal apprehension to plan for law enforcement Internet access to data that is not public; providing grants to law enforcement agencies to establish connections to the Internet; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299C.

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

Dawkins, Orenstein, Kinkel and Lynch introduced:

H. F. No. 1446, A bill for an act relating to education; encumbering money for postservice benefits for participants in youth community service; amending Minnesota Statutes 1994, section 121.707, subdivision 3.

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

Jennings, Lourey and Rostberg introduced:

H. F. No. 1447, A bill for an act relating to economic development; providing funding for the North West Company Fur Post Interpretive Center; appropriating money.

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

Kelley, Marko, Entenza and Opatz introduced:

H. F. No. 1448, A bill for an act relating to public utilities; regulating utility disconnections during cold weather; proposing coding for new law in Minnesota Statutes, chapter 216B; repealing Minnesota Statutes 1994, sections 216B.095; and 216B.097.

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

Pugh, Orenstein, Long, Solberg and Weaver introduced:

H. F. No. 1449, A bill for an act relating to ice arenas; providing the Minnesota amateur sports commission with additional authority; authorizing use of county capital improvement bonds; exempting issuance of certain debt from the election requirements; providing a sales tax exemption; authorizing use of subdivision dedication for certain facilities; appropriating money; amending Minnesota Statutes 1994, sections 240A.09; 240A.10; 297A.25, by adding a subdivision; 373.40, subdivision 1; 462.358, subdivision 2b; 471.16, subdivision 1; and 475.58, subdivision 1, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 373.

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

Bishop, Orenstein, Solberg, Onnen and Long introduced:

H. F. No. 1450, A bill for an act relating to health; organ donations; amending the living will form to include provisions for organ donations; amending Minnesota Statutes 1994, section 145B.04.

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

Kelley; Entenza; Long; Johnson, A., and Ness introduced:

H. F. No. 1451, A bill for an act relating to education; providing for a wide area transportation service pilot project; appropriating money.

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

Olson, E.; Mares; Swenson, D.; Larsen and Lynch introduced:

H. F. No. 1452, A bill for an act relating to ice arenas; providing the Minnesota amateur sports commission with additional authority; authorizing use of county capital improvement bonds; exempting issuance of certain debt from the election requirements; providing a sales tax exemption; authorizing use of subdivision dedication for certain facilities; appropriating money; amending Minnesota Statutes 1994, sections 240A.09; 240A.10; 297A.25, by adding a subdivision; 373.40, subdivision 1; 462.358, subdivision 2b; 471.16, subdivision 1; and 475.58, subdivision 1, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 373.

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

Onnen introduced:

H. F. No. 1453, A bill for an act relating to human services; provisions for long-term care community services; coverage for personal care services; amending Minnesota Statutes 1994, sections 256B.0625, subdivision 19a; 256B.0627, subdivisions 1, 2, 4, and 5; 256B.0628, subdivision 2; 256B.0911, subdivision 2; 256B.0913, subdivisions 4, 5, 8, 12, and 14; 256B.0915, subdivisions 3, 5, and by adding a subdivision; and 256B.093, subdivisions 1, 2, and 3; 256I.03, subdivision 5, and by adding a subdivision; 256I.04; 256I.05, subdivisions 1, 1a, and 5; and 256I.06, subdivisions 2 and 6; Laws 1993, First Special Session chapter 1, article 8, section 30, subdivision 2.

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

Seagren and Davids introduced:

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

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

Dehler, Leppik, Lynch and Stanek introduced:

H. F. No. 1455, A bill for an act relating to workers' compensation; modifying provisions relating to procedures and benefits; providing penalties; amending Minnesota Statutes 1994, sections 79.211, subdivision 1; 175.16; 176.011, subdivision 25; 176.021, subdivisions 1, 3 and 3a; 176.061, subdivision 10; 176.081, subdivisions 1, 7a, and 9; 176.101, subdivisions 1, 2, 4, 5, 6, 8, and by adding subdivisions; 176.102, subdivision 11; 176.105, subdivision 4; 176.106; 176.111, subdivisions 6, 7, 8, 12, 14, 15, and 20; 176.135, subdivision 1; 176.178; 176.179; 176.191, subdivisions 5, 7, 8, and by adding a subdivision; 176.221, subdivision 6a; 176.238, subdivisions 3, 4, 5, and 6; 176.239, subdivisions 1, 2, 3, 4, 5, 7, 8, 9, and 10; 176.291; 176.305, subdivisions 1, 1a, 2, and 4; 176.321, subdivisions 2 and 3; 176.322; 176.645, subdivision 1; 176.66, subdivision 11; 176.82; and 268.08, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 175; and 176; repealing Minnesota Statutes 1994, sections 175.007; 176.011, subdivision 26; 176.081, subdivisions 2, 5, 7, and 8; 176.101, subdivisions 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 3u; 176.132; 176.133; and 176.191, subdivision 6.

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

Carruthers, Delmont, Orenstein, Abrams and Sarna introduced:

H. F. No. 1456, A bill for an act relating to occupations; providing that the board of accountancy must stagger its license renewal schedule; amending Minnesota Statutes 1994, sections 326.20, subdivisions 1, 2, and by adding a subdivision; and 326.22, subdivision 2.

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

Olson, E., introduced:

H. F. No. 1457, A bill for an act relating to state lands; authorizing the commissioner of natural resources to sell certain acquired state lands located in Becker county.

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

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

H. F. No. 1458, A bill for an act relating to human services; providing reimbursement for a video teleconferencing medical device to measure vital signs of recipients of General Assistance Medical Care; amending Minnesota Statutes 1994, section 256D.03, subdivision 4.

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

Mulder, Bradley and Harder introduced:

H. F. No. 1459, A bill for an act relating to health; requiring informed consent for abortions; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Greiling, Perlt, McCollum, Broecker and Rest introduced:

H. F. No. 1460, A bill for an act relating to government; modifying a budget report date for cities; eliminating certain budget publication requirements; amending Minnesota Statutes 1994, sections 6.745, subdivision 1; and 471.6965.

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

Kahn, Rice, Rukavina, Trimble and Greenfield introduced:

H. F. No. 1461, 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; requiring state and national banks to purchase the bonds; authorizing the commissioner of finance to determine the terms of the bonds; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

Mariani, Orenstein, Kahn, Carruthers and Garcia introduced:

H. F. No. 1462, A bill for an act relating to public employment; prohibiting the hiring of relatives of public officials in certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 43A.

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

Leighton, Pugh and Skoglund introduced:

H. F. No. 1463, A bill for an act relating to civil actions; new motor vehicle warranties; clarifying the limitation on actions after informal dispute settlement mechanism decisions; amending Minnesota Statutes 1994, section 325F.665, subdivisions 7 and 10.

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

Orenstein introduced:

H. F. No. 1464, A bill for an act relating to taxation; property tax; extending the availability of valuation exclusions for certain improvements made to property in 1992; amending Laws 1993, chapter 375, article 5, section 44.

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

Dauner, Brown and Bettermann introduced:

H. F. No. 1465, A bill for an act relating to education; appropriating money for asbestos sampling and revising management plans for schools in the West Central Cooperative Service Unit.

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

Bettermann introduced:

H. F. No. 1466, A bill for an act relating to education; providing for a service fee levy for school districts that have operated a technical college; 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.

Delmont, Farrell and Perlt introduced:

H. F. No. 1467, A bill for an act relating to construction; changing and clarifying law relating to the building code and zoning law; amending Minnesota Statutes 1994, sections 16B.59; 16B.60, subdivisions 1 and 4; 16B.61, subdivisions 1, 2, and 5; 16B.63, subdivision 3, and by adding a subdivision; 16B.65, subdivisions 1, 3, 4, and 7; 16B.67; 16B.70; 366.10; 366.12; 366.16; 394.33, subdivision 2; 394.361, subdivision 3; 462.358, subdivisions 2a and 9; and 462.359, subdivision 4.

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

Sviggum introduced:

H. F. No. 1468, A bill for an act relating to the governor; providing that the governor may declare an inability to discharge duties of the office or may be declared unable to do so; amending Minnesota Statutes 1994, section 4.06.

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

Bradley and Frerichs introduced:

H. F. No. 1469, A bill for an act relating to elevator safety; changing responsibility for certain administrative and enforcement activities; changing certain exemptions; imposing penalties; amending Minnesota Statutes 1994, sections 16B.61, subdivision 1; 16B.72; 16B.73; 183.351, subdivisions 2 and 5; 183.353; 183.354; 183.355, subdivisions 1, 3, and by adding a subdivision; 183.357, subdivisions 1 and 3; 183.358; and 326.244, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 183.

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

Garcia, McCollum, Pugh, Mahon and Weaver introduced:

H. F. No. 1470, A bill for an act relating to lawful gambling; allowing unlimited use of the proceeds of lawful gambling for payment of real estate taxes and assessments; amending Minnesota Statutes 1994, section 349.12, subdivision 25.

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

Sviggum introduced:

H. F. No. 1471, A bill for an act relating to education; authorizing a fund transfer for independent school district No. 531, Byron.

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

Bakk and Rukavina introduced:

H. F. No. 1472, A bill for an act relating to alcoholic beverages; authorizing the St. Louis county board to issue one on-sale intoxicating malt liquor license.

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

McGuire, Skoglund, Macklin and Pugh introduced:

H. F. No. 1473, A bill for an act relating to privacy; providing for the classification of and access to government data; clarifying data provisions; providing for survival of actions under the data practices act; conforming provisions dealing with financial assistance data; providing for an information policy training program; appropriating money; amending Minnesota Statutes 1994, sections 13.03, by adding a subdivision; 13.06, subdivision 6; 13.08, subdivision 1; 13.10, subdivision 5; 13.32, subdivision 2; 13.43, subdivisions 2 and 5; 13.46, subdivision 2; 13.50, subdivision 2; 13.531; 13.551; 13.62; 13.643; 13.671; 13.76, subdivision 1; 13.761; 13.77; 13.78; 13.79; 13.82, subdivisions 5 and 10; 13.83, subdivision 2; 13.89, subdivision 1; 13.90; 13.99, subdivisions 1, 12, 20, 21a, 42a, 54, 55, 64, 78, 79, 112, and by adding subdivisions; 17.117, subdivision 12; 41.63; 41B.211; 116O.03, subdivision 7; 116S.02, subdivision 8; and 446A.11, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 1994, sections 13.69, subdivision 2; and 13.71, subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17.

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

Greenfield and Anderson, R., introduced:

H. F. No. 1474, A bill for an act relating to human services; demonstration projects for long-term care services; requiring waiver requests.

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

McElroy, Dawkins, Clark and Harder introduced:

H. F. No. 1475, A bill for an act relating to housing; establishing an affordable neighborhood design and development initiative; appropriating money.

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

Murphy; Macklin; Swenson, D.; Skoglund and Greenfield introduced:

H. F. No. 1476, A bill for an act relating to crime prevention; directing a study; appropriating money.

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

Milbert, Carruthers, Cooper and Greenfield introduced:

H. F. No. 1477, A bill for an act relating to occupations and professions; providing for the licensure of opticians by the commissioner of health; requiring rulemaking; proposing coding for new law as Minnesota Statutes, chapter 148D.

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

Otremba, Cooper, Hugoson, Koppendrayer and Davids introduced:

H. F. No. 1478, A bill for an act relating to state government; requiring notice to the commissioner of agriculture and certain other actions before an agency adopts or repeals rules that affect farming operations; amending Minnesota Statutes 1994, sections 14.11, by adding a subdivision; and 116.07, subdivision 4.

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

Long; Garcia; Munger; Johnson, V., and Leppik introduced:

H. F. No. 1479, A bill for an act relating to the environment; modifying provisions relating to the voluntary investigation and cleanup program; creating a pilot program to encourage voluntary compliance with environmental requirements; limiting penalties for facilities that perform audits, report violations, and correct the violations in a timely manner; establishing a recognition program for facilities that voluntarily meet environmental requirements; amending Minnesota Statutes 1994, sections 115B.175, subdivisions 2, 3, and by adding a subdivision; and 115B.178, subdivision 1.

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

Sviggum introduced:

H. F. No. 1480, A bill for an act relating to education; providing for independent school district No. 763, Medford, to deposit land sale proceeds into its general fund.

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

Wenzel introduced:

H. F. No. 1481, A bill for an act relating to education; providing for independent school district No. 486, Swanville, to transfer funds from its bus purchase account to its general fund.

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

Tomassoni, Frerichs, Solberg, Rukavina and Perlt introduced:

H. F. No. 1482, A bill for an act relating to lotteries; authorizing the state lottery to operate video lottery terminals; creating an education trust fund; prescribing penalties; amending Minnesota Statutes 1994, sections 245.98, by adding a subdivision; 297A.259; 297E.02, subdivision 1; 349.12, subdivision 21; 349.15, subdivision 1; 349A.01, subdivisions 10, 11, 12, and by adding subdivisions; 349A.06, subdivisions 1, 5, 8, 10, and by adding subdivisions; 349A.07, subdivision 1; 349A.08, subdivisions 1, 5, and 8; 349A.09, subdivision 1; 349A.10, subdivisions 2, 3, 4, and 5; 349A.11; 349A.12, subdivisions 1 and 2; 349A.13; 609.651, subdivision 1; 609.75, subdivision 4; and 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 124; and 349A; repealing Minnesota Statutes 1994, sections 297E.01, subdivision 9; and 297E.02, subdivision 4.

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

Rukavina, Brown, Kinkel, Osthoff and Johnson, R., introduced:

H. F. No. 1483, A bill for an act relating to recreational vehicles; increasing fees that may be retained by commissioner of natural resources, registrar, or deputy registrar for processing registration of recreational vehicles and watercraft and licensing of watercraft; amending Minnesota Statutes 1994, sections 84.788, subdivision 3; 84.798, subdivision 3; 84.82, subdivision 2; 84.922, subdivision 2; 86B.415, subdivision 8; and 86B.870, subdivision 1.

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

Bettermann introduced:

H. F. No. 1484, A bill for an act relating to local government; limiting, in annexation proceedings, the methods by which utilities located in annexed territory may be acquired by an annexing municipality; amending Minnesota Statutes 1994, section 414.067, by adding a subdivision.

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

Mariani, Tunheim, Winter and Commers introduced:

H. F. No. 1485, A bill for an act relating to occupations and professions; permitting protective agents to perform certain traffic control duties; amending Minnesota Statutes 1994, section 326.338, subdivision 4.

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

Abrams and Girard introduced:

H. F. No. 1486, A bill for an act relating to utilities; modifying the role and composition of the public utilities commission; making technical changes; amending Minnesota Statutes 1994, sections 216A.01; 216A.03, subdivisions 1, 3, and 3a; 216A.036; 216A.04, subdivisions 1a and 3; and 216A.05, subdivisions 1, 2, and 5; proposing coding for new law in Minnesota Statutes, chapter 216A; repealing Minnesota Statutes 1994, section 216A.05, subdivision 4.

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

Dehler introduced:

H. F. No. 1487, A bill for an act relating to education; altering the calculation of the maximum effort tax rate for certain school districts receiving debt service equalization aid; amending Minnesota Statutes 1994, section 124.38, subdivision 4a.

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

Trimble introduced:

H. F. No. 1488, A bill for an act relating to capital improvements; appropriating money for the acquisition and protection of Eagle Creek in Scott county; 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.

Winter and Kalis introduced:

H. F. No. 1489, A bill for an act relating to taxation; sales and use tax; exempting certain fertilizer and chemical application equipment; amending Minnesota Statutes 1994, section 297A.25, by adding a subdivision.

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

Jefferson introduced:

H. F. No. 1490, A bill for an act relating to dangerous dogs; changing the definition of a dangerous dog; restricting the ability to license a dangerous dog; requiring the production of a dog under certain circumstances; providing a civil fine for dangerous dog offenses; imposing penalties; amending Minnesota Statutes 1994, sections 347.50, subdivisions 2, 3, and 6; 347.51, subdivision 2; and 347.54, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 347.

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

Greenfield, Wejcman, Van Dellen and Delmont introduced:

H. F. No. 1491, A bill for an act relating to health care; expanding medical assistance coverage to include tuberculosis related services; amending Minnesota Statutes 1994, section 256B.0625, subdivision 13, and by adding a subdivision.

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

Wejcman introduced:

H. F. No. 1492, A bill for an act relating to housing; providing for deposit and use of certain revenues in the housing development fund; providing an addition to federal taxable income for certain taxpayers for certain residence interest; appropriating money; amending Minnesota Statutes 1994, sections 290.01, subdivision 19a; 290.62; and 462A.20, subdivision 2, and by adding a subdivision.

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

Workman introduced:

H. F. No. 1493, A bill for an act relating to health; requiring informed consent for abortions; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Dawkins introduced:

H. F. No. 1494, A bill for an act relating to local government; requiring certain distributions from the areawide pool to be approved by the board of government innovation and cooperation; amending Minnesota Statutes 1994, section 473F.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 473F.

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

Ness introduced:

H. F. No. 1495, A bill for an act relating to the city of Hutchinson; authorizing the city to impose certain sales, liquor, and food taxes.

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

Orenstein, Murphy and Stanek introduced:

H. F. No. 1496, A bill for an act relating to crime prevention; changing the membership of the peace officer standards and training board; directing that certain institutions implement programs to allow completion of core law enforcement courses in two quarters; requiring representation of higher education on the board's training committee; appropriating money; amending Minnesota Statutes 1994, section 626.841; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Simoneau, Leppik and Vickerman introduced:

H. F. No. 1497, A bill for an act relating to children's services; establishing the department of children, families, and learning; making related changes; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 119A; repealing Minnesota Statutes 1994, sections 121.02, subdivisions 1, 2a, and 3; 121.03; and 121.04, subdivision 2.

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

Lynch introduced:

H. F. No. 1498, A bill for an act relating to government; eliminating certain maintenance of effort requirements for counties; amending Minnesota Statutes 1994, sections 134.195, subdivision 8; 134.201, subdivision 6; 134.34, subdivision 1; 254B.02, subdivision 3; and 256H.09, subdivision 3; repealing Minnesota Statutes 1994, sections 134.34, subdivision 4; 245.48; and 256H.12, subdivision 3.

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

Solberg; Skoglund; Anderson, I.; Macklin and Simoneau introduced:

H. F. No. 1499, A bill for an act relating to civil actions; prohibiting certain unlawful practices against seniors or disabled or vulnerable persons; suspending the statute of limitations on actions brought by vulnerable adults; amending Minnesota Statutes 1994, section 541.15; proposing coding for new law in Minnesota Statutes, chapter 513.

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

Pelowski introduced:

H. F. No. 1500, A bill for an act relating to the lottery; requiring placement of computer equipment and connections for on-line lottery games in certain instances; amending Minnesota Statutes 1994, section 349A.06, by adding a subdivision.

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

Jefferson introduced:

H. F. No. 1501, A bill for an act relating to human services; providing for a pilot project to coordinate community violence prevention programs for African-American children; appropriating money.

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

Tuma introduced:

H. F. No. 1502, A bill for an act relating to education; establishing a block grant program for American Indian education; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124; repealing Minnesota Statutes 1994, sections 124.48; 124.481; 124.86, subdivision 4; and 125.62.

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

Finseth and Koppendrayer introduced:

H. F. No. 1503, A bill for an act relating to education; authorizing use of capital health and safety revenue to purchase portable classrooms by independent school district No. 561, Goodridge.

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

Tuma and Sviggum introduced:

H. F. No. 1504, A bill for an act relating to the city of Northfield; extending the duration of certain tax increment financing districts.

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

Kahn; Bertram; Anderson, I.; Goodno and Johnson, R., introduced:

H. F. No. 1505, A bill for an act relating to retirement; providing for early retirement incentives for employees of the state university, community college, technical college systems, and the higher education board.

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

Murphy and Lourey introduced:

H. F. No. 1506, A bill for an act relating to education; appropriating money for the acquisition of materials and equipment and for services at Fond du Lac Community College.

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

Murphy and Lourey introduced:

H. F. No. 1507, A bill for an act relating to education; appropriating money for planning a residential facility at Fond du Lac Community College; authorizing the issuance of state bonds.

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

Dehler, Stanek and Lynch introduced:

H. F. No. 1508, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article I; establishing the right of a citizen to keep and bear arms.

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

Wenzel and Skoglund introduced:

H. F. No. 1509, A bill for an act relating to crime; increasing penalties for arson crimes when the arson is committed to conceal evidence of other criminal activity; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Wenzel, Schumacher, Otremba, Winter and Hugoson introduced:

H. F. No. 1510, A bill for an act relating to agriculture; permanently extending sales tax exemption for used farm machinery; requiring a study of farm costs; amending Minnesota Statutes 1994, section 297A.25, subdivision 59.

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

Lourey; Wenzel; Johnson, V.; Otremba and Schumacher introduced:

H. F. No. 1511, A bill for an act relating to agriculture; appropriating money for continuation of certain legal actions against the United States Department of Agriculture.

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

Dawkins, Ostrom and Bakk introduced:

H. F. No. 1512, A bill for an act relating to taxation; income; requiring mortgage interest to be included in taxable income; providing a credit for mortgage interest; amending Minnesota Statutes 1994, section 290.01, subdivision 19a; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Rostberg, Skoglund, Pugh, Bishop and Stanek introduced:

H. F. No. 1513, A bill for an act relating to criminal procedure; providing for disposition of forfeited bail proceeds by the court; proposing coding for new law in Minnesota Statutes, chapter 629.

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

Mariani introduced:

H. F. No. 1514, A bill for an act relating to economic development; appropriating money for the community resources program.

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

Bettermann, Opatz, Kinkel, Dorn and Sykora introduced:

H. F. No. 1515, A bill for an act relating to education; providing for faculty transfers between bargaining units for community colleges and technical colleges; amending Laws 1991, chapter 356, article 9, section 9, as amended.

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

Greenfield, Lourey and Leppik introduced:

H. F. No. 1516, A bill for an act relating to human services; expanding provisions for health care; amending Minnesota Statutes 1994, sections 256.9353, subdivisions 1 and 3; 256.9354, subdivision 5; 256.9363, subdivision 5; 256B.037, subdivisions 1, 3, 4, and by adding subdivisions; 256B.04, by adding a subdivision; 256B.055, by adding a subdivision; 256B.057, by adding subdivisions; 256B.0625, subdivision 30; and 256B.69, subdivisions 2 and 4; Laws 1993, First Special Session chapter 1, article 8, section 30, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 256; and 256B; repealing Minnesota Statutes 1994, section 256.9353, subdivisions 4 and 5.

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

Lourey and Murphy introduced:

H. F. No. 1517, A bill for an act relating to human services; appropriating money for a family service center in Carlton county.

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

Jennings, Rukavina and Sviggum introduced:

H. F. No. 1518, A bill for an act relating to commerce; defining the responsibilities of ski area operators and skiers; defining the rights and liabilities between skiers and between a skier and a ski area operator; proposing coding for new law as Minnesota Statutes, chapter 86C.

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

Orenstein introduced:

H. F. No. 1519, A bill for an act relating to crime prevention; requiring applicants seeking initial peace officer licensure to have successfully completed a professional peace officer education program and to possess a bachelor's degree; requiring the board of peace officer standards and training to adopt rules; establishing a task force to assist the board in developing rules; requiring the board to report to the legislature; amending Minnesota Statutes 1994, section 626.84, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Frerichs, Macklin, McCollum, Munger and Broecker introduced:

H. F. No. 1520, A bill for an act relating to dentistry; giving persons licensed by the board of dentistry access to certain data regarding complaints against them; requiring informed consent for certain procedures using mercury amalgam; prohibiting certain professional sanctions; amending Minnesota Statutes 1994, section 150A.08, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 150A.

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

Wenzel introduced:

H. F. No. 1521, A bill for an act relating to solid waste; requiring the state to remit solid waste assessments for landfill cleanup fund to be returned to certain counties; amending Minnesota Statutes 1994, section 116.07, subdivision 10.

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

Delmont; Haas; Anderson, R.; McCollum and Boudreau introduced:

H. F. No. 1522, A bill for an act relating to state finance; adding certain human services obligations to the requirement that state agencies promptly pay their bills; amending Minnesota Statutes 1994, section 16A.124, subdivision 8.

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

Dawkins, Ostrom and Rest introduced:

H. F. No. 1523, A bill for an act relating to tax expenditure budget; requiring incidence analysis in certain instances; amending Minnesota Statutes 1994, section 270.067, subdivision 4.

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

Wejcman, McGuire, Garcia, Schumacher and Boudreau introduced:

H. F. No. 1524, A bill for an act relating to state government; asking state employees to submit suggestions to improve the efficiency and effectiveness of state government.

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

Murphy and Pugh introduced:

H. F. No. 1525, A bill for an act relating to juvenile justice; appropriating money to the commissioner of human services to fund a grant to a child abuse prevention organization for parent self-help and support purposes.

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

Tomassoni introduced:

H. F. No. 1526, A bill for an act relating to commerce; regulating motor vehicle service contracts and mechanical breakdown insurance; prohibiting certain provisions; providing enforcement; proposing coding for new law in Minnesota Statutes, chapter 65B.

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

Hausman introduced:

H. F. No. 1527, A bill for an act relating to the environment; changing the name and duties of the environmental quality board; establishing a Minnesota sustainable development roundtable; establishing principles of sustainable development; amending Minnesota Statutes 1994, sections 116C.01; 116C.02, subdivision 2, and by adding a subdivision; 116C.03, subdivisions 1 and 2; 116C.04, subdivisions 2, 3, and 7; 116C.06, subdivisions 1 and 2; 116D.02, by adding a subdivision; and 116D.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 116C; repealing Minnesota Statutes 1994, sections 116C.04, subdivision 11; 116D.10; and 116D.11.

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

Skoglund, Bishop, Pugh, McCollum and Delmont introduced:

H. F. No. 1528, A bill for an act relating to crime; prohibiting the use, possession, or sale of electronic incapacitation devices that operate by means of carbon dioxide propellant; amending Minnesota Statutes 1994, section 624.731, subdivisions 2, 3, 5, and 8.

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

Kahn, Osskopp, McGuire, Skoglund and Bishop introduced:

H. F. No. 1529, A bill for an act relating to paternity; providing for paternity of certain children conceived by artificial insemination after death of father; amending Minnesota Statutes 1994, section 257.56, by adding a subdivision.

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

Mariani; Johnson, A.; Weaver and Clark introduced:

H. F. No. 1530, A bill for an act relating to education; modifying determination of revenue for high school graduation incentives program and private alternative programs; amending Minnesota Statutes 1994, sections 126.22, subdivision 8; and 126.23.

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

Leighton, Tunheim, Kahn, Kalis and Rostberg introduced:

H. F. No. 1531, A bill for an act relating to traffic regulations; directing the commissioner of transportation to establish a bicycle lane on marked interstate highway No. 90; prescribing operating rules for bicycles on a bicycle lane of an interstate highway; requiring a report; amending Minnesota Statutes 1994, section 169.222, by adding a subdivision.

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

Dehler, Stanek and Lynch introduced:

H. F. No. 1532, A bill for an act relating to property rights; requiring the attorney general to review proposed rules for potential to result in "takings" of private property; establishing a cause of action for reduction in value of private property as a result of governmental regulation; proposing coding for new law in Minnesota Statutes, chapters 14; and 557.

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

Murphy and Lourey introduced:

H. F. No. 1533, A bill for an act relating to housing; authorizing planning for a residential facility for Indian students at Fond du Lac Community College; appropriating money.

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

Pugh introduced:

H. F. No. 1534, A bill for an act relating to automobile insurance; basic economic loss benefits; providing compensation for in-home nursing care; amending Minnesota Statutes 1994, section 65B.44, subdivision 2.

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

Worke, Macklin, Larsen, Broecker and Pugh introduced:

H. F. No. 1535, A bill for an act relating to marriage dissolution; providing for cooperative parenting and mandatory mediation; amending Minnesota Statutes 1994, sections 518.17, subdivision 2; and 518.619, by adding a subdivision.

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

Worke, Broecker and Van Engen introduced:

H. F. No. 1536, A bill for an act relating to marriage dissolution; providing that both parents are child support obligors; establishing formulas for determining child support; amending Minnesota Statutes 1994, section 518.551, subdivision 5.

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

Wenzel, Kalis, Lieder, Sarna and Ozment introduced:

H. F. No. 1537, A bill for an act relating to commerce; modifying the petroleum tank release cleanup program in the department of commerce; limiting the amount of the deductible required on residential and small business sites; establishing registration requirements for consultants and contractors; amending Minnesota Statutes 1994, sections 115C.02, by adding a subdivision; 115C.09, subdivision 3; and 115C.11, subdivision 1.

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

Orenstein introduced:

H. F. No. 1538, A bill for an act relating to civil actions; regulating actions involving fault; informing the jury of the effect of its answers to comparative fault questions and allowing comment by counsel in certain circumstances; amending Minnesota Statutes 1994, section 604.01, subdivision 1.

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

Ness and Cooper introduced:

H. F. No. 1539, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Meeker county.

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

Jefferson introduced:

H. F. No. 1540, A bill for an act relating to retirement; the Minneapolis teachers retirement fund association; providing for purchase of allowable service credit for public school employment outside the state of Minnesota; proposing coding for new law in Minnesota Statutes, chapter 354A.

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

Hugoson introduced:

H. F. No. 1541, A bill for an act relating to education; providing for a fund transfer for independent school district No. 458, Truman.

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

Orenstein, Van Engen, Delmont, Solberg and Marko introduced:

H. F. No. 1542, A bill for an act relating to state government; abolishing periodic reports.

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

Winter; Anderson, R.; Trimble; Leighton and Boudreau introduced:

H. F. No. 1543, A bill for an act relating to water; wetland protection and management; amending Minnesota Statutes 1994, sections 103G.222; 103G.2241; 103G.2242, subdivisions 1, 6, 7, and 12; 103G.237, subdivision 4; and 103G.2372, subdivision 1; repealing Minnesota Statutes 1994, section 103G.2242, subdivisions 9 and 13.

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

Skoglund introduced:

H. F. No. 1544, A bill for an act relating to crime prevention; expanding the duties of the nonfelony enforcement advisory committee; extending the committee's reporting deadline; appropriating money; amending Laws 1993, chapter 255, sections 1, subdivisions 1 and 4; and 2.

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

Kelley, Greiling, Rhodes, Long and McCollum introduced:

H. F. No. 1545, A bill for an act relating to financing and operation of government in Minnesota; changing property tax classifications and class rates; modifying the property tax refund for homeowners and renters; restructuring various state aids; changing the local government aid formula; providing state financing of court administration employees; providing for three property tax installment payments; allowing cities to impose certain service charges on certain tax exempt property; appropriating money; amending Minnesota Statutes 1994, sections 43A.02, subdivision 25; 43A.24, subdivision 2; 97A.065, subdivision 2; 124.226, subdivision 1; 124A.23, subdivision 1; 145A.13, subdivision 2; 256E.06, subdivisions 5 and 12; 273.1316, subdivisions 1, 6, and 7; 273.1398, subdivisions 2 and 3; 275.065, subdivision 3; 275.07, subdivision 1; 275.08, subdivision 1b; 276.04, subdivision 3; 276.09; 276.10; 276.11, subdivision 1; 276.111; 278.03, subdivision 1; 278.05, subdivision 5; 279.01, by adding subdivisions; 289A.18, subdivision 5; 289A.56, subdivision 6; 290A.01; 290A.03, subdivisions 6 and 13; 290A.04, subdivision 2, and by adding a subdivision; 290A.07; 290A.23, subdivision 3; 299D.03, subdivision 5; 466.01, subdivision 6; 477A.011, subdivisions 34, 37, and by adding subdivisions; 477A.013, subdivisions 8 and 9; 477A.03, subdivisions 1 and 2; 480.181, subdivision 1; 485.01; 485.018, subdivisions 2a, 5, and 6; 485.021; 487.32, subdivision 3; and 574.34, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 124A; 273; 275; 290A; and 429; repealing Minnesota Statutes 1994, sections 256E.06, subdivision 2; 273.124; 273.13; 273.1398; 275.08, subdivisions 1c and 1d; 279.01, subdivisions 1 and 3; 290A.04, subdivisions 2a, 2b, 2h, and 2i; 290A.23, subdivisions 1 and 2; 485.018, subdivisions 1, 2, 4, and 8; 485.03; 485.05; 485.11.

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

Munger, Murphy, Jaros, Bakk and Huntley introduced:

H. F. No. 1546, A bill for an act relating to the environment; providing partial reimbursement to potentially responsible persons who incur environmental cleanup costs related to the operation of certain oil re-refineries; amending Minnesota Statutes 1994, sections 115C.08, subdivision 2, and by adding a subdivision; and 115C.13; proposing coding for new law in Minnesota Statutes, chapter 115C.

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

Girard and Abrams introduced:

H. F. No. 1547, A bill for an act relating to state government; providing for the development of a long-range expenditure plan for state expenditures; creating a budget reserve account; restricting use of budget reserve and cash flow account balances; amending Minnesota Statutes 1994, sections 16A.152, subdivisions 1, 2, 3, 4, and by adding a subdivision; 121.904, subdivision 4a; and 124.195, subdivisions 7 and 10; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 1994, sections 121.904, subdivisions 4c and 4d.

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

Mariani introduced:

H. F. No. 1548, A bill for an act relating to the metropolitan airports commission; providing for the detachment of intermediate airport land from cities or school districts; amending Minnesota Statutes 1994, section 473.625.

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

Workman introduced:

H. F. No. 1549, A bill for an act relating to metropolitan government; clarifying language and changing obsolete references; allowing additional communities in the metropolitan area to operate their own transit programs; defining available local transit funds; establishing conditions for use of funds by communities providing replacement service; providing application procedure; establishing reserve accounts; amending Minnesota Statutes 1994, section 473.388.

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

Winter introduced:

H. F. No. 1550, A bill for an act relating to agriculture; changing the definition of "release" for purposes of the environmental response and liability act; amending Minnesota Statutes 1994, section 115B.02, subdivision 15.

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

Knight, Krinkie, Finseth and Pellow introduced:

H. F. No. 1551, A bill for an act relating to administrative rules; repealing obsolete rules of the departments of agriculture, commerce, health, human services, public safety, public service, and revenue and the pollution control agency; removing internal references to repealed rules; amending Minnesota Rules, parts 1540.2140; 7001.0140, subpart 2; 7001.0180; 8130.3500, subpart 3; and 8130.6500, subpart 5; repealing Minnesota Rules, parts 1540.0010, subparts 12, 18, 21, 22, and 24; 1540.0060; 1540.0070; 1540.0080; 1540.0100; 1540.0110; 1540.0120; 1540.0130; 1540.0140; 1540.0150; 1540.0160; 1540.0170; 1540.0180; 1540.0190; 1540.0200; 1540.0210; 1540.0220; 1540.0230; 1540.0240; 1540.0260; 1540.0320; 1540.0330; 1540.0340; 1540.0350; 1540.0370; 1540.0380; 1540.0390; 1540.0400; 1540.0410; 1540.0420; 1540.0440; 1540.0450; 1540.0460; 1540.0490; 1540.0500; 1540.0510; 1540.0520; 1540.0770; 1540.0780; 1540.0800; 1540.0810; 1540.0830; 1540.0880; 1540.0890; 1540.0900; 1540.0910; 1540.0920; 1540.0930; 1540.0940; 1540.0950; 1540.0960; 1540.0970; 1540.0980; 1540.0990; 1540.1000; 1540.1005; 1540.1010; 1540.1020; 1540.1030; 1540.1040; 1540.1050; 1540.1060; 1540.1070; 1540.1080; 1540.1090; 1540.1100; 1540.1110; 1540.1120; 1540.1130; 1540.1140; 1540.1150; 1540.1160; 1540.1170; 1540.1180; 1540.1190; 1540.1200; 1540.1210; 1540.1220; 1540.1230; 1540.1240; 1540.1250; 1540.1255; 1540.1260; 1540.1280; 1540.1290; 1540.1300; 1540.1310; 1540.1320; 1540.1330; 1540.1340; 1540.1350; 1540.1360; 1540.1380; 1540.1400; 1540.1410; 1540.1420; 1540.1430; 1540.1440; 1540.1450; 1540.1460; 1540.1470; 1540.1490; 1540.1500; 1540.1510; 1540.1520; 1540.1530; 1540.1540; 1540.1550; 1540.1560; 1549.1570; 1540.1580; 1540.1590; 1540.1600; 1540.1610; 1540.1620; 1540.1630; 1540.1640; 1540.1650; 1540.1660; 1540.1670; 1540.1680; 1540.1690; 1540.1700; 1540.1710; 1540.1720; 1540.1730; 1540.1740; 1540.1750; 1540.1760; 1540.1770; 1540.1780; 1540.1790; 1540.1800; 1540.1810; 1540.1820; 1540.1830; 1540.1840; 1540.1850; 1540.1860; 1540.1870; 1540.1880; 1540.1890; 1540.1900; 1540.1905; 1540.1910; 1540.1920; 1540.1930; 1540.1940; 1540.1950; 1540.1960; 1540.1970; 1540.1980; 1540.1990; 1540.2000; 1540.2010; 1540.2015; 1540.2020; 1540.2090; 1540.2100; 1540.2110; 1540.2120; 1540.2180; 1540.2190; 1540.2200; 1540.2210; 1540.2220; 1540.2230; 1540.2240; 1540.2250; 1540.2260; 1540.2270; 1540.2280; 1540.2290; 1540.2300; 1540.2310; 1540.2320; 1540.2325; 1540.2330; 1540.2340; 1540.2350; 1540.2360; 1540.2370; 1540.2380; 1540.2390; 1540.2400;

1540.2410; 1540.2420; 1540.2430; 1540.2440; 1540.2450; 1540.2490; 1540.2500; 1540.2510; 1540.2530; 1540.2540; 1540.2550; 1540.2560; 1540.2570; 1540.2580; 1540.2590; 1540.2610; 1540.2630; 1540.2640; 1540.2650; 1540.2660; 1540.2720; 1540.2730; 1540.2740; 1540.2760; 1540.2770; 1540.2780; 1540.2790; 1540.2800; 1540.2810; 1540.2820; 1540.2830; 1540.2840; 1540.3420; 1540.3430; 1540.3440; 1540.3450; 1540.3460; 1540.3470; 1540.3560; 1540.3600; 1540.3610; 1540.3620; 1540.3630; 1540.3700; 1540.3780; 1540.3960; 1540.3970; 1540.3980; 1540.3990; 1540.4000; 1540.4010; 1540.4020; 1540.4030; 1540.4040; 1540.4080; 1540.4190; 1540.4200; 1540.4210; 1540.4220; 1540.4320; 1540.4330; 1540.4340; 2642.0120, subpart 1; 2650.0100; 2650.0200; 2650.0300; 2650.0400; 2650.0500; 2650.0600; 2650.1100; 2650.1200; 2650.1300; 2650.1400; 2650.1500; 2650.1600; 2650.1700; 2650.1800; 2650.1900; 2650.2000; 2650.2100; 2650.3100; 2650.3200; 2650.3300; 2650.3400; 2650.3500; 2650.3600; 2650.3700; 2650.3800; 2650.3900; 2650.4000; 2650.4100; 2655.1000; 2660.0070; 2770.7400; 4610.2210; 7002.0410; 7002.0420; 7002.0430; 7002.0440; 7002.0450; 7002.0460; 7002.0470; 7002.0480; 7002.0490; 7047.0010; 7047.0020; 7047.0030; 7047.0040; 7047.0050; 7047.0060; 7047.0070; 7100.0300; 7100.0310; 7100.0320; 7100.0330; 7100.0335; 7100.0340; 7100.0350; 7510.6100; 7510.6200; 7510.6300; 7510.6350; 7510.6400; 7510.6500; 7510.6600; 7510.6700; 7510.6800; 7510.6900; 7510.6910; 7600.0100; 7600.0200; 7600.0300; 7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800; 7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300; 7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800; 7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300; 7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800; 7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300; 7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800; 7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300; 7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800; 7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300; 7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800; 7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300; 7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800; 7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210; 7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700; 7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200; 7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700; 7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200; 7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700; 7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120; 7625.0200; 7625.0210; 7625.0220; 7625.0230; 8120.1100, subpart 3; 8121.0500, subpart 2; 8130.9912; 8130.9913; 8130.9916; 8130.9920; 8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972; 8130.9980; 8130.9992; 9540.0100; 9540.0200; 9540.0300; 9540.0400; 9540.0500; 9540.1000; 9540.1100; 9540.1200; 9540.1300; 9540.1400; 9540.1500; 9540.2000; 9540.2100; 9540.2200; 9540.2300; 9540.2400; 9540.2500; 9540.2600; and 9540.2700.

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

Abrams introduced:

H. F. No. 1552, A bill for an act relating to state government; consolidating and coordinating state environmental and natural resource programs; reorganizing and restructuring state agencies and departments; creating the sustainable environmental policy board; creating the department of environmental protection; adding powers and duties to the department of natural resources; transferring all the powers and duties of the environmental quality board, the pollution control agency, the board of water and soil resources, the office of environmental assistance, the harmful substances compensation board, the petroleum tank release compensation board, and the Minnesota public facilities authority, and abolishing these agencies; transferring certain powers and duties of the departments of commerce and trade and economic development; requiring further studies and reports; amending Minnesota Statutes 1994, sections 15.01; 15A.081, subdivision 1; 84.01, subdivisions 1 and 3; 84.027, by adding a subdivision; 103B.3355; 103D.101, subdivision 2; 115B.25, subdivision 2; 115B.28, subdivisions 1 and 4; 115B.35, subdivisions 1, 4, 5, and 6; 115C.07, subdivision 3; 115C.10, subdivision 1; 116.01; 116.02, subdivision 5; 116.03, subdivisions 1 and 2; 116C.01; 116C.02; 116C.03, subdivisions 1, 2, and 3a; 116C.04, subdivision 2; 116C.24, subdivisions 2, 2a, and 3; 116C.25; 116C.34; 144.871, subdivision 5; 326.71, subdivision 5; 446A.02, subdivision 3; 446A.04, subdivisions 1 and 5; 446A.07, subdivisions 4, 5, and 6; 446A.071, subdivisions 3, 4, and 5; 446A.10, by adding a subdivision; 446A.12, subdivision 1; 473.811, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 116C; repealing Minnesota Statutes 1994, sections 103B.101, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, and 10; 103B.205, subdivision 2; 103B.305, subdivision 2; 103B.3363, subdivision 2; 103C.101, subdivision 12; 103D.011, subdivision 5; 115A.03, subdivisions 8a and 22a; 115A.055; 115B.27; 115C.07, subdivisions 1 and 2; 115D.03, subdivision 4; 116.02, subdivisions 1, 2, 3, and 4; 116.03, subdivision 6; 116.04; 446A.02, subdivision 2; and 446A.03.

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

Kelley, Long, Mahon, Smith and Garcia introduced:

H. F. No. 1553, A bill for an act relating to Hennepin county; modifying certain provisions concerning the county medical examiners office; amending Minnesota Statutes 1994, section 383B.225, subdivisions 5, 6, 7, 9, 11, and 12.

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

Leppik and Carlson introduced:

H. F. No. 1554, A bill for an act relating to education; providing for residency requirements for school board candidates; amending Minnesota Statutes 1994, section 204B.06, subdivision 1.

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

Van Engen introduced:

H. F. No. 1555, A bill for an act relating to human services; establishing level of care for nursing home placement; allowing alternative care funds for certain individuals; requesting federal waivers for long-term care demonstration projects; amending Minnesota Statutes 1994, sections 144.0721, by adding a subdivision; 256B.0911, subdivision 4; and 256B.0913, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256B.

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

Milbert and Bishop introduced:

H. F. No. 1556, A bill for an act relating to Minnesota Statutes; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 1994, sections 3A.01, subdivision 7; 3A.02, subdivision 1; 3A.11, subdivision 4; 3C.10, subdivision 3; 9.071; 11A.18, subdivision 10; 13.99, subdivision 92c; 15.061; 15.56, subdivision 5; 17.1015; 29.021; 31.495, subdivisions 1 and 5; 32.01, subdivision 6; 60B.02; 72A.20, subdivision 29; 72C.03; 72C.04, subdivision 4; 82.34, subdivision 6; 84.025, subdivision 7; 84.0895, subdivision 2; 84.0911, subdivision 2; 85.016; 90.251, subdivision 4; 92.46, subdivision 1; 97A.115, subdivision 2; 103F.516, subdivision 2; 103G.2365; 116.03, subdivision 2; 116C.724, subdivision 2; 116C.98, subdivision 3; 116J.035, subdivision 1; 116J.402; 116J.70, subdivision 2a; 124.916, subdivision 1; 126.25, subdivision 3; 134.341; 136A.40; 144.3831, subdivision 1; 145A.07, subdivision 1; 147.01, subdivision 5; 154.161, subdivision 3; 162.09, subdivision 1; 192.261, subdivision 3; 192.501, subdivision 2; 193.36, subdivision 2; 201.15, subdivision 1; 270.69, subdivision 10; 271.21, subdivision 6; 275.066; 290.01, subdivisions 3a and 19d; 290.05, subdivision 3; 294.03, subdivision 2; 297A.25, subdivision 21; 299F.72, subdivision 1; 299L.05; 299L.07, subdivision 2a; 308A.503, subdivision 3; 317A.733, subdivisions 1 and 2; 340A.503, subdivision 1; 349.12, subdivision 25; 349.17, subdivision 6; 352.01, subdivision 2a; 354.07, subdivision 7; 360.305, subdivisions 1, 2, and 5; 365.125, subdivision 2; 383A.90, subdivision 2; 383D.71, subdivision 2; 462C.12, subdivision 2; 473.121, subdivision 11; 473.149, subdivision 4; 473.192, subdivision 4; 473.3993, subdivision 1; 473.405, subdivisions 1 and 12; 473.598, subdivision 4; 473.599, subdivision 8; 473.811, subdivisions 1a and 5; 473.834, subdivision 2; 474A.061, subdivision 2a; 518.551, subdivision 5; 518C.101; 524.2-210; 525.011, subdivision 1; 554.04, subdivision 2; 609.342, subdivision 1; 609.561, subdivision 3; and 609.66, subdivision 1d; Laws 1993, chapter 273, section 1, as amended; and Laws 1994, chapter 647, article 7, section 19, subdivision 4; repealing Minnesota Statutes 1994, sections 13.99, subdivision 71; 103B.151, subdivision 3; 134.32, subdivision 2; 256B.0925; 297A.25, subdivision 50; 383B.614, subdivision 5; 469.110, subdivision 9; 469.170, subdivision 9; 611A.032; 624.01; and 624.03; Laws 1986, First Special Session chapter 1, article 9, section 18; First Special Session chapter 2, article 3, section 1; Laws 1987, chapter 254, section 8; Laws 1988, chapter 486, section 59; Laws 1990, chapter 562, article 10, section 1; Laws 1993, chapter 146, article 5, section 15; Laws 1994, chapter 485, section 14; chapter 647, article 1, section 4; article 8, section 46, paragraph (b); article 13, sections 3 and 14.

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

The following House Advisory was introduced:

Hasskamp, Lynch, Garcia, Trimble and Hausman introduced:

H. A. No. 8, A proposal to establish a subcommittee to study women's athletics at the University of Minnesota.

The advisory was referred to the Committee on Education.

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 125, A bill for an act relating to corrections; prohibiting correctional inmates from applying for name changes more than once during an inmate's confinement; proposing coding for new law in Minnesota Statutes, chapter 259.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 435, A bill for an act relating to public utilities; authorizing performance-based gas purchasing regulation for gas utilities; amending Minnesota Statutes 1994, section 216B.16, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 216B.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 749, A bill for an act relating to housing; modifying eligibility for transitional housing services; amending Minnesota Statutes 1994, section 268.38, subdivision 2.

H. F. No. 362, A bill for an act relating to local government; towns; authorizing the town board to set up a petty cash fund; amending Minnesota Statutes 1994, section 366.01, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 231, A bill for an act relating to occupations and professions; board of medical practice; changing licensing requirements for foreign applicants; changing certain disciplinary procedures; amending Minnesota Statutes 1994, sections 147.037, subdivision 1; 147.091, subdivisions 1, 2, and 6; 147.121, subdivision 2; 148.70; and 148.72, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 147.

Patrick E. Flahaven, Secretary of the Senate

Kelley moved that the House concur in the Senate amendments to H. F. No. 231 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 231, A bill for an act relating to occupations and professions; board of medical practice; changing licensing requirements for foreign applicants; changing certain disciplinary procedures; amending Minnesota Statutes 1994, sections 147.037, subdivision 1; 147.091, subdivisions 1, 2, 6, and by adding subdivisions; 147.121, subdivision 2; 148.70; 148.72, subdivision 1; and 364.09; proposing coding for new law in Minnesota Statutes, chapter 147.

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

The question was taken on the repassage of the bill and the roll was called. There were 123 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Mr. Speaker:

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

S. F. Nos. 526, 229, 308, 93, 574, 39 and 257.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 526, A bill for an act relating to local government; modifying the local approval requirements for the Nashwauk area ambulance district law; amending Laws 1994, chapter 587, article 9, section 10, subdivision 6.

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

S. F. No. 229, A bill for an act relating to government data practices; medical examiner data; allowing sharing of such data with a state or federal agency charged with investigating a death; amending Minnesota Statutes 1994, section 13.83, subdivisions 4 and 5.

The bill was read for the first time.

Bishop moved that S. F. No. 229 and H. F. No. 129, now on the Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 308, A bill for an act relating to crime prevention; authorizing special registration plates for certain persons subject to an impoundment order; expanding the definition of prior license revocation; amending Minnesota Statutes 1994, sections 168.042, subdivision 8; and 169.121, subdivision 3.

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

S. F. No. 93, A bill for an act relating to Stearns county; requiring the county to refund money paid by the city of Melrose for acquisition of certain property.

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

S. F. No. 574, A bill for an act relating to Indians; requiring the commissioner of natural resources to change certain names of geographic features of the state.

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

S. F. No. 39, A bill for an act relating to crime; controlled substances; limiting the sentencing court's authority to stay adjudication of a controlled substance offender's guilt and to expunge the offender's record upon the successful completion of treatment and probation; providing that this procedure applies only to first-time offenders convicted of a fourth-degree, fifth-degree, or a nonfelony controlled substance offense; amending Minnesota Statutes 1994, section 152.18, subdivision 1.

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

S. F. No. 257, A bill for an act relating to soil and water conservation district boards; providing that the office of soil and water conservation district supervisor is compatible with certain city and town offices; amending Minnesota Statutes 1994, sections 103C.315, by adding a subdivision; and 204B.06, subdivision 1.

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

H. F. No. 344, A bill for an act relating to real property; providing for the form and record of certain assignments; revising the common interest ownership act; changing the application of the curative and validating law for mortgage foreclosures; amending Minnesota Statutes 1994, sections 507.411; 508.51; 508A.51; 515B.1-102; 515B.1-103; 515B.1-116; 515B.2-104; 515B.2-105; 515B.2-109; 515B.2-110; 515B.3-112; 515B.3-115; 582.25; and 582.27.

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

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Ness         Solberg
Anderson, B. Frerichs     Koppendrayer Olson, E.    Stanek
Anderson, R. Garcia       Kraus        Olson, M.    Sviggum
Bakk         Girard       Krinkie      Onnen        Swenson, D.
Bertram      Goodno       Larsen       Opatz        Swenson, H.
Bettermann   Greenfield   Leighton     Orenstein    Sykora
Bishop       Greiling     Leppik       Orfield      Tomassoni
Boudreau     Haas         Lieder       Osskopp      Tompkins
Bradley      Hackbarth    Lindner      Osthoff      Trimble
Broecker     Harder       Long         Ostrom       Tuma
Brown        Hasskamp     Lourey       Otremba      Tunheim
JOURNAL OF THE HOUSE - 27th Day - Top of Page 826

Carlson      Hausman      Luther       Ozment       Van Engen
Carruthers   Holsten      Lynch        Paulsen      Vickerman
Clark        Hugoson      Macklin      Pawlenty     Wagenius
Commers      Huntley      Mahon        Pellow       Weaver
Cooper       Jaros        Mares        Pelowski     Wejcman
Daggett      Jefferson    Mariani      Peterson     Wenzel
Dauner       Jennings     Marko        Pugh         Winter
Davids       Johnson, A.  McCollum     Rhodes       Wolf
Dawkins      Johnson, R.  McElroy      Rostberg     Worke
Dehler       Johnson, V.  McGuire      Rukavina     Workman
Delmont      Kahn         Milbert      Sarna        Sp.Anderson,I
Dempsey      Kalis        Molnau       Schumacher   
Dorn         Kelley       Mulder       Seagren      
Entenza      Kinkel       Munger       Skoglund     
Erhardt      Knight       Murphy       Smith        

H. F. No. 807, A bill for an act relating to courts; civil commitment; changing the required qualifications of examiners; amending Minnesota Statutes 1994, section 253B.02, subdivision 7.

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

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

Those who voted in the affirmative were:

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

S. F. No. 50, A bill for an act relating to highways; designating a bridge as the Betty Adkins Bridge; amending Minnesota Statutes 1994, section 161.14, by adding a subdivision.

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

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

Those who voted in the affirmative were:

Abrams       Frerichs     Koppendrayer Olson, M.    Smith
Anderson, B. Garcia       Kraus        Onnen        Solberg
Anderson, R. Girard       Krinkie      Opatz        Stanek
Bertram      Goodno       Larsen       Orenstein    Sviggum
Bettermann   Greenfield   Leighton     Orfield      Swenson, D.
Bishop       Greiling     Leppik       Osskopp      Swenson, H.
Boudreau     Haas         Lieder       Osthoff      Sykora
Bradley      Hackbarth    Lindner      Ostrom       Tomassoni
Broecker     Harder       Long         Otremba      Tompkins
Brown        Hasskamp     Luther       Ozment       Trimble
Carlson      Hausman      Lynch        Paulsen      Tuma
Carruthers   Holsten      Macklin      Pawlenty     Tunheim
Clark        Hugoson      Mahon        Pellow       Van Dellen
Commers      Huntley      Mares        Pelowski     Van Engen
Cooper       Jaros        Mariani      Peterson     Vickerman
Daggett      Jefferson    Marko        Pugh         Wagenius
JOURNAL OF THE HOUSE - 27th Day - Top of Page 827

Dauner       Jennings     McCollum     Rest         Weaver
Davids       Johnson, A.  McElroy      Rhodes       Wejcman
Dawkins      Johnson, R.  McGuire      Rice         Wenzel
Dehler       Johnson, V.  Milbert      Rostberg     Winter
Delmont      Kahn         Molnau       Rukavina     Wolf
Dempsey      Kalis        Mulder       Sarna        Worke
Dorn         Kelley       Munger       Schumacher   Workman
Entenza      Kinkel       Murphy       Seagren      Sp.Anderson,I
Erhardt      Knight       Ness         Simoneau     
Finseth      Knoblach     Olson, E.    Skoglund     

S. F. No. 181, A bill for an act relating to elections; allowing time off to vote in elections to fill a vacancy in the legislature; amending Minnesota Statutes 1994, section 204C.04, subdivision 2.

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

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

Those who voted in the affirmative were:

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

S. F. No. 182, A bill for an act relating to towns; clarifying the procedure to fill a vacancy in the office of town supervisor; amending Minnesota Statutes 1994, section 367.03, subdivision 6.

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

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

Those who voted in the affirmative were:

Abrams       Frerichs     Kraus        Onnen        Stanek
Anderson, B. Garcia       Krinkie      Opatz        Sviggum
Anderson, R. Girard       Larsen       Orenstein    Swenson, D.
Bakk         Goodno       Leighton     Orfield      Swenson, H.
Bertram      Greenfield   Leppik       Osskopp      Sykora
Bettermann   Greiling     Lieder       Osthoff      Tomassoni
Bishop       Haas         Lindner      Ostrom       Tompkins
Boudreau     Hackbarth    Long         Otremba      Trimble
Bradley      Harder       Lourey       Ozment       Tuma
Broecker     Hasskamp     Luther       Paulsen      Tunheim
Brown        Hausman      Lynch        Pawlenty     Van Dellen
Carlson      Holsten      Macklin      Pellow       Van Engen
Carruthers   Hugoson      Mahon        Pelowski     Vickerman
Clark        Huntley      Mares        Peterson     Wagenius
Commers      Jaros        Mariani      Pugh         Weaver
Cooper       Jefferson    Marko        Rest         Wejcman
Daggett      Jennings     McCollum     Rhodes       Wenzel
Dauner       Johnson, A.  McElroy      Rice         Winter
Davids       Johnson, R.  McGuire      Rostberg     Wolf
Dawkins      Johnson, V.  Milbert      Rukavina     Worke
Dehler       Kahn         Molnau       Sarna        Workman
JOURNAL OF THE HOUSE - 27th Day - Top of Page 828

Delmont      Kalis        Mulder       Schumacher   Sp.Anderson,I
Dempsey      Kelley       Munger       Seagren      
Dorn         Kinkel       Murphy       Simoneau     
Entenza      Knight       Ness         Skoglund     
Erhardt      Knoblach     Olson, E.    Smith        
Finseth      Koppendrayer Olson, M.    Solberg      

H. F. No. 838 was reported to the House.

Bishop moved that H. F. No. 838 be continued on Special Orders until Thursday, March 23, 1995. The motion prevailed.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 335.

S. F. No. 335 was reported to the House.

Girard moved to amend S. F. No. 335 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [APPROPRIATIONS SUMMARY.]

The sums shown in columns marked "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in the following sections of this act to be available for the fiscal year indicated for each purpose. The figure "1995," whenever used in this act, means that the appropriations listed under it are available for the year ending June 30, 1995.

1995

General Fund $ 3,097,000

APPROPRIATIONS

Available for the Year

Ending June 30

1995

Sec. 2. ATTORNEY GENERAL; MILLE LACS TREATY

LITIGATION $ 790,000

This appropriation is added to the appropriation in Laws 1993, chapter 192, section 11, subdivision 3, for the unanticipated expenses of the Mille Lacs and Fond du Lac treaty litigation efforts.

Sec. 3. MILITARY AFFAIRS; ARMORY ASSESSMENTS

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

Sec. 4. PUBLIC DEFENSE BOARD; JUVENILE JUSTICE BILL

MANDATES; COST OF TRANSCRIPTS 1,500,000

This appropriation is added to the appropriations in Laws 1993, chapter 146, article 2, section 3.

Sec. 5. PUBLIC SAFETY; EMERGENCY MANAGEMENT,

FLOOD RELIEF 30,000

This appropriation is added to the appropriation in Laws 1993, chapter 266, section 5, subdivision 7, to provide matching funds for federal emergency management assistance funds received for flood damaged counties under federal disaster declaration numbers 929, 946, and 993.

Sec. 6. RACING COMMISSION 77,000

This appropriation is added to the appropriation in Laws 1993, chapter 146, article 3, section 3, for regulating, licensing, and monitoring pari-mutuel horse racing activities.

Sec. 7. VETERANS AFFAIRS; EMERGENCY ASSISTANCE 500,000

This appropriation is added to the appropriation in Laws 1993, chapter 192, section 23, for the emergency financial and medical needs of veterans.

Sec. 8. BOARD OF ARCHITECTURE, ENGINEERING, LAND

SURVEYING, LANDSCAPE ARCHITECTURE, AND INTERIOR

DESIGN; LEGAL FEES 200,000

This appropriation is for legal fees and is available until June 30, 1997.

Sec. 9. DEPARTMENT OF HUMAN SERVICES

Notwithstanding any other law to the contrary, the department of human services may transfer, in fiscal year 1995, up to $800,000 of unobligated resources from any administrative or nonforecast program account to the subsidized adoption program.

Sec. 10. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

The question was taken on the Girard amendment and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Dorn, Greenfield and Ostrom moved to amend S. F. No. 335, as amended, as follows:

Page 1, line 16, delete "$3,097,000" and insert "$3,342,000"

Page 2, after line 50, insert:

"Sec. 10. HEALTH; MENINGITIS 245,000

This appropriation is added to the appropriation in Laws 1993, First Special Session chapter 1, article 1, section 3, subdivision 2, for health protection programs to deal with the meningitis outbreak in Minnesota."

Page 2, line 51, delete "10" and insert "11"

The question was taken on the Dorn et al amendment and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Olson, E.    Smith
Anderson, B. Frerichs     Koppendrayer Olson, M.    Solberg
Anderson, R. Garcia       Kraus        Onnen        Stanek
Bakk         Girard       Krinkie      Opatz        Sviggum
Bertram      Goodno       Larsen       Orenstein    Swenson, D.
Bettermann   Greenfield   Leighton     Orfield      Swenson, H.
Bishop       Greiling     Leppik       Osskopp      Sykora
Boudreau     Haas         Lieder       Osthoff      Tomassoni
Bradley      Hackbarth    Lindner      Ostrom       Tompkins
Broecker     Harder       Long         Otremba      Trimble
Brown        Hasskamp     Lourey       Paulsen      Tuma
Carlson      Hausman      Luther       Pawlenty     Tunheim
Carruthers   Holsten      Lynch        Pellow       Van Dellen
Clark        Hugoson      Macklin      Pelowski     Van Engen
Commers      Huntley      Mahon        Peterson     Vickerman
Cooper       Jaros        Mares        Pugh         Wagenius
Daggett      Jefferson    Mariani      Rest         Weaver
Dauner       Jennings     Marko        Rhodes       Wejcman
Davids       Johnson, A.  McCollum     Rice         Wenzel
Dawkins      Johnson, R.  McElroy      Rostberg     Winter
JOURNAL OF THE HOUSE - 27th Day - Top of Page 831

Dehler       Johnson, V.  McGuire      Rukavina     Wolf
Delmont      Kahn         Molnau       Sarna        Worke
Dempsey      Kalis        Mulder       Schumacher   Workman
Dorn         Kelley       Munger       Seagren      Sp.Anderson,I
Entenza      Kinkel       Murphy       Simoneau     
Erhardt      Knight       Ness         Skoglund     

S. F. No. 335, A bill for an act relating to the organization and operation of state government; providing supplemental appropriations for certain purposes.

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

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Knight       Krinkie                   

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

Van Dellen moved that the name of Haas be added as an author on H. F. No. 255. The motion prevailed.

Tunheim moved that the name of Lieder be added as an author on H. F. No. 563. The motion prevailed.

Orenstein moved that the names of Abrams and Girard be added as authors on H. F. No. 976. The motion prevailed.

Entenza moved that the name of Garcia be added as an author on H. F. No. 1114. The motion prevailed.

Simoneau moved that the name of Workman be added as an author on H. F. No. 1139. The motion prevailed.

Boudreau moved that the names of Wejcman and Jennings be added as authors on H. F. No. 1183. The motion prevailed.

Wenzel moved that his name be stricken as an author on H. F. No. 1192. The motion prevailed.

Bettermann moved that her name be stricken as an author on H. F. No. 1204. The motion prevailed.

Erhardt moved that the name of Long be added as an author on H. F. No. 1382. The motion prevailed.

Jennings moved that the name of Osskopp be added as an author on H. F. No. 1417. The motion prevailed.

Simoneau moved that the name of Kalis be added as an author on H. F. No. 1436. The motion prevailed.

Osskopp moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 15, 1995, when the vote was taken on the final passage of H. F. No. 673." The motion prevailed.

Lindner moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 15, 1995, when the vote was taken on the final passage of H. F. No. 750." The motion prevailed.

Bertram and Opatz introduced:

House Resolution No. 4, A house resolution commemorating the life and work of Marvin C. Schumann, former member of the Minnesota House of Representatives.

Bertram moved that the rules be so far suspended that House Resolution No. 4 be now considered and be placed upon its adoption. The motion prevailed.

A house resolution commemorating the life and work of Marvin C. Schumann, former member of the Minnesota House of Representatives.

Whereas, the Schumann family came to Minnesota from Iowa in 1880; and

Whereas, Marvin C. Schumann was born May 19, 1906, in Graham Township, Minnesota, and was a lifetime resident of Benton county; and

Whereas, he married Mildred Eleanor Nelson of Benton county on June 17, 1939, and they had three children: Julie Faye, Nancy Louise, and Ivan Charles; and

Whereas, he was educated at the University of Minnesota School of Agriculture and was a livestock farmer and breeder of registered Aberdeen Angus cattle; and

Whereas, he served Minnesota in many capacities: as a member of the Benton County Board of Commissioners, director and president of the Graham Mutual Fire Insurance Company, a member of the Rice School Board and Fire Department, an active lifetime member of the Graham United Methodist Church, and a member of the House of Representatives from 1954 to 1968; and

Whereas, during his service in the legislature, he represented Districts 27, 45, and 51B, which comprised Benton county and parts of Stearns and Sherburne counties; served ably on the House Committees on Highways, Labor, Penal Institutions, Welfare, Markets and Marketing, Forestry, and Tax; was chair of the Dairy Products and Livestock Committee; and a member of the Legislative Building Committee; and

Whereas, Marvin C. Schumann passed away on June 16, 1994; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it esteems the memory of Marvin C. Schumann.

Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and that of the Speaker, and transmit it to the family of Marvin C. Schumann.

Bertram moved that House Resolution No. 4 be now adopted. The motion prevailed and House Resolution No. 4 was adopted.

The Speaker announced the following committee assignments:

Regulated Industries and Energy: Add the name of Trimble and add the name of Trimble as Chair, effective March 6, 1995.

Rules and Legislative Administration: Add the name of Wenzel, effective March 9, 1995.

Carruthers moved that when the House adjourns today it adjourn until 12:30 p.m., Wednesday, March 22, 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 22, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

Comments: webmaster@house.leg.state.mn.us