Bertram, Kalis, Kelso, Rice and Sarna were excused.

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

The following communications were received:

March 22, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

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

H. F. No. 749, relating to housing; modifying eligibility for transitional housing services.

H. F. No. 362, relating to local government; towns; authorizing the town board to set up a petty cash fund.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

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

No.           No.    Chapter No.             1995      1995

64 12 2:30 p.m. March 20 March 20

323 13 2:32 p.m. March 20 March 20

749 14 11:20 a.m. March 22 March 22

362 15 11:14 a.m. March 22 March 22

Sincerely,

Joan Anderson Growe

Secretary of State

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

H. F. No. 2, A bill for an act relating to the environment; automobile emissions; providing that a vehicle need not be inspected until the year of its registration is five years more than its model year; changing the inspection fee; providing a contingent expiration date for the inspection program; amending Minnesota Statutes 1994, sections 116.61, subdivision 1, and by adding a subdivision; 116.64, subdivision 1.

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

The report was adopted.

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

H. F. No. 96, A bill for an act relating to insurance; health plans; prohibiting provisions that grant the health carrier a subrogation right, except where the covered person has been fully compensated from another source; proposing coding for new law in Minnesota Statutes, chapter 62A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [62A.095] [SUBROGATION CLAUSES REGULATED.]

Subdivision 1. [APPLICABILITY.] No health plan shall be offered, sold, or issued to a resident of this state, or to cover a resident of this state, unless the health plan complies with subdivision 2.

Subd. 2. [SUBROGATION CLAUSE; LIMITS.] No health plan described in subdivision 1 shall contain a subrogation, reimbursement, or similar clause that provides subrogation, reimbursement, or similar rights to the health carrier issuing the health plan, unless:

(1) the clause provides that it applies only after the covered person has received a full recovery from another source; and

(2) the clause provides that, absent a court order to the contrary, the health carrier's subrogation right is subject to subtraction to account for the pro rata share of the covered person's costs, disbursements, and reasonable attorney fees. In making a court order under this clause, the court shall consider the contributions of legal services toward achieving the recovery from the collateral source that have been made by the health carrier's own attorneys.

Subd. 3. [RETROACTIVE AMENDMENTS REGULATED.] No addition of, or amendment of, a subrogation, reimbursement, or similar clause in a health plan shall be applied to the disadvantage of a covered person with respect to benefits provided by the health carrier in connection with an injury, illness, condition, or other covered situation that originated prior to the addition of or amendment to the clause.

Sec. 2. [62A.096] [NOTICE OF SUBROGATION CLAIM REQUIRED.]

A person covered by a health carrier who makes a claim against a collateral source for damages that include repayment for medical and medically-related expenses incurred for the covered person's benefit shall make reasonable efforts to promptly notify the health carrier in writing of the pending or potential claim. Notwithstanding any other law to the contrary, the statute of limitations applicable to the rights with respect to reimbursement or subrogation by the health carrier against the covered person does not commence to run until the notice has been given.

Sec. 3. [EFFECTIVE DATE.]

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

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 156, A bill for an act relating to agriculture; appropriating money for wheat and barley scab research.

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

The report was adopted.

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

H. F. No. 236, A bill for an act relating to metropolitan mosquito control; abolishing the metropolitan mosquito control district and commission; providing for conflicts of interests and ethical practices of members or permanent employees of any joint powers mosquito abatement board formed in the metropolitan area; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 3.9741, subdivision 1; 16B.122, subdivisions 1 and 3; 270.12, subdivision 3; 275.065, subdivision 3; 275.066; 352.01, subdivision 2a; 473.143, subdivision 1; and 473.8011; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 1994, sections 473.701; 473.702; 473.703; 473.704; 473.705; 473.706; 473.711; 473.712; 473.714; 473.715; and 473.716.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. Minnesota Statutes 1994, section 273.1398, is amended by adding a subdivision to read:

Subd. 2d. [HACA ADJUSTMENT.] The homestead and agricultural credit aid received by the metropolitan mosquito control district for taxes payable in 1995, less any permanent aid reduction under section 477A.0132 made during the 1995 legislative session, is permanently transferred to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington beginning with aid paid in 1996 and thereafter, in amounts proportional to each of the seven county's payable 1995 levy for mosquito control under section 473.711.

Sec. 2. [473.718] [MOSQUITO ABATEMENT JOINT POWERS BOARD; OPTIONAL PARTICIPATION.]

Subdivision 1. [JOINT POWERS BOARD.] Mosquito abatement shall be provided in the metropolitan area as provided in sections 18.041 to 18.161, except that it shall be provided under the control and direction of a single joint powers board formed under section 471.59.

Subd. 2. [OPTION TO PARTICIPATE.] The joint powers agreement shall provide for any statutory or home rule charter city or town in the metropolitan area to participate in, withdraw from, or rejoin in the mosquito control activities of the joint powers board.

Sec. 3. [473.719] [BOARD POWERS; LIMITS.]

The joint powers mosquito abatement board shall not enter on private property if the owner objects, except for control of disease-bearing mosquito encephalitis outbreaks.

Sec. 4. [TRANSITION.]

Subdivision 1. [JOINT POWERS BOARD ESTABLISHED.] The counties included in the metropolitan mosquito control district, as provided for in Minnesota Statutes, section 473.702, shall form a joint powers board for mosquito abatement. The agreement must include provision for any statutory or home rule charter city or town within a metropolitan county to withdraw from and rejoin in the mosquito abatement activities of the joint powers board, including financial support for abatement. The joint powers agreement must be effective January 1, 1996.

Subd. 2. [DISTRICT LEVY PROHIBITED.] The metropolitan mosquito control district may not levy in 1995 for taxes payable in 1996 and thereafter.

Subd. 3. [TRANSFER TO JOINT POWERS BOARD.] On the effective date of this section, the metropolitan mosquito control commission is abolished and its personnel, personal and real property, assets, liabilities, debts, and obligations are transferred to the metropolitan area joint powers mosquito abatement board established pursuant to subdivision 1. Nothing in this subdivision shall be construed as abrogating or modifying any rights now enjoyed by affected employees under a collective bargaining agreement between the employees and the commission. The joint powers mosquito abatement board is the legal successor in all respects of the metropolitan mosquito control commission and district.

Sec. 5. [APPLICATION.]

This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 6. [REPEALER.]

Subdivision 1. Minnesota Statutes 1994, section 473.711, is repealed.

Subd. 2. Minnesota Statutes 1994, sections 473.701; 473.702; 473.703; 473.704; 473.705; 473.706; 473.712; 473.714; 473.715; and 473.716, are repealed.

Sec. 7. [EFFECTIVE DATES.]

Section 1 is effective for aids payable in 1996 and thereafter. Sections 4, subdivisions 1 and 2; 5; and 6, subdivision 1, are effective the day after final enactment. The remainder of this article is effective January 1, 1996.

Section 1. Minnesota Statutes 1994, section 3.9741, subdivision 1, is amended to read:

Subdivision 1. [METROPOLITAN COMMISSION.] Upon the audit of the financial accounts and affairs of a commission under section 473.595, or 473.604, or 473.703, the affected metropolitan commission is liable to the state for the total cost and expenses of the audit, including the salaries paid to the examiners while actually engaged in making the examination. The legislative auditor may bill the metropolitan commission either monthly or at the completion of the audit. All collections received for the audits must be deposited in the general fund.

Sec. 2. Minnesota Statutes 1994, section 16B.122, subdivision 1, is amended to read:

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

(a) "Copier paper" means paper purchased for use in copying machines.

(b) "Office paper" means notepads, loose-leaf fillers, tablets, and other paper commonly used in offices.

(c) "Postconsumer material" means a finished material that would normally be discarded as a solid waste, having completed its life cycle as a consumer item.

(d) "Practicable" means capable of being used, consistent with performance, in accordance with applicable specifications, and availability within a reasonable time.

(e) "Printing paper" means paper designed for printing, other than newsprint, such as offset and publication paper.

(f) "Public entity" means the state, an office, agency, or institution of the state, the metropolitan council, a metropolitan agency, the metropolitan mosquito control district a joint powers board for mosquito abatement in the metropolitan area, the legislature, the courts, a county, a statutory or home rule charter city, a town, a school district, another special taxing district, or any contractor acting pursuant to a contract with a public entity.

(g) "Soy-based ink" means printing ink made from soy oil.

(h) "Uncoated" means not coated with plastic, clay, or other material used to create a glossy finish.

Sec. 3. Minnesota Statutes 1994, section 16B.122, subdivision 3, is amended to read:

Subd. 3. [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding section 365.37, 375.21, or 412.311, or 473.705, a public entity may purchase recycled materials when the price of the recycled materials does not exceed the price of nonrecycled materials by more than ten percent. In order to maximize the quantity and quality of recycled materials purchased, a public entity also may use other appropriate procedures to acquire recycled materials at the most economical cost to the public entity.

(b) When purchasing commodities and services, a public entity shall apply and promote the preferred waste management practices listed in section 115A.02, with special emphasis on reduction of the quantity and toxicity of materials in waste. A public entity, in developing bid specifications, shall consider the extent to which a commodity or product is durable, reusable, or recyclable and marketable through the applicable local or regional recycling program and the extent to which the commodity or product contains postconsumer material.

Sec. 4. Minnesota Statutes 1994, section 270.12, subdivision 3, is amended to read:

Subd. 3. [JURISDICTIONS IN TWO OR MORE COUNTIES.] When a taxing jurisdiction lies in two or more counties, if the sales ratio studies prepared by the department of revenue show that the average levels of assessment in the several portions of the taxing jurisdictions in the different counties differ by more than five percent, the board may order the apportionment of the levy. When the sales ratio studies prepared by the department of revenue show that the average levels of assessment in the several portions of the taxing jurisdictions in the different counties differ by more than ten percent, the board shall order the apportionment of the levy unless (a) the proportion of total adjusted gross tax capacity in one of the counties is less than ten percent of the total adjusted gross tax capacity in the taxing jurisdiction and the average level of assessment in that portion of the taxing jurisdiction is the level which differs by more than five percent from the assessment level in any one of the other portions of the taxing jurisdiction; (b) significant changes have been made in the level of assessment in the taxing jurisdiction which have not been reflected in the sales ratio study, and those changes alter the assessment levels in the portions of the taxing jurisdiction so that the assessment level now differs by five percent or less; or (c) commercial, industrial, mineral, or public utility property predominates in one county within the taxing jurisdiction and another class of property predominates in another county within that same taxing jurisdiction. If one or more of these factors are present, the board may order the apportionment of the levy.

Notwithstanding any other provision, the levy for the metropolitan mosquito control district abatement joint powers board, established under section 473.718, metropolitan council, metropolitan transit district, and metropolitan transit area must be apportioned without regard to the percentage difference.

If, pursuant to this subdivision, the board apportions the levy, then that levy apportionment among the portions in the different counties shall be made in the same proportion as the adjusted gross tax capacity as determined by the commissioner in each portion is to the total adjusted gross tax capacity of the taxing jurisdiction.

For the purposes of this section, the average level of assessment in a taxing jurisdiction or portion thereof shall be the aggregate assessment sales ratio. Gross tax capacities as determined by the commissioner shall be the gross tax capacities as determined for the year preceding the year in which the levy to be apportioned is levied.

Actions pursuant to this subdivision shall be commenced subsequent to the annual meeting on April 15 of the state board of equalization, but notice of the action shall be given to the affected jurisdiction and the appropriate county auditors by the following June 30.

Apportionment of a levy pursuant to this subdivision shall be considered as a remedy to be taken after equalization pursuant to subdivision 2, and when equalization within the jurisdiction would disturb equalization within other jurisdictions of which the several portions of the jurisdiction in question are a part.

Sec. 5. Minnesota Statutes 1994, section 275.065, subdivision 3, is amended to read:

Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The county auditor shall prepare and the county treasurer shall deliver after November 10 and on or before November 24 each year, by first class mail to each taxpayer at the address listed on the county's current year's assessment roll, a notice of proposed property taxes and, in the case of a town, final property taxes.

(b) The commissioner of revenue shall prescribe the form of the notice.

(c) The notice must inform taxpayers that it contains the amount of property taxes each taxing authority other than a town proposes to collect for taxes payable the following year and, for a town, the amount of its final levy. It must clearly state that each taxing authority, including regional library districts established under section 134.201, and including the metropolitan taxing districts as defined in paragraph (i), but excluding all other special taxing districts and towns, will hold a public meeting to receive public testimony on the proposed budget and proposed or final property tax levy, or, in case of a school district, on the current budget and proposed property tax levy. It must clearly state the time and place of each taxing authority's meeting and an address where comments will be received by mail. The notice must include the estimated percentage increase in Minnesota personal income, provided by the commissioner of revenue under section 275.064, in a way to facilitate comparison of the proposed budget and levy increases with the increase in personal income. For 1993, the notice must clearly state that each taxing authority holding a public meeting will describe the increases or decreases of the total budget, including employee and independent contractor compensation in the prior year, current year, and the proposed budget year.

(d) The notice must state for each parcel:

(1) the market value of the property as determined under section 273.11, and used for computing property taxes payable in the following year and for taxes payable in the current year; and, in the case of residential property, whether the property is classified as homestead or nonhomestead. The notice must clearly inform taxpayers of the years to which the market values apply and that the values are final values;

(2) by county, city or town, school district excess referenda levy, remaining school district levy, regional library district, if in existence, the total of the metropolitan special taxing districts as defined in paragraph (i) and the sum of the remaining special taxing districts, and as a total of the taxing authorities, including all special taxing districts, the proposed or, for a town, final net tax on the property for taxes payable the following year and the actual tax for taxes payable the current year. For the purposes of this subdivision, "school district excess referenda levy" means school district taxes for operating purposes approved at referendums, including those taxes based on net tax capacity as well as those based on market value. "School district excess referenda levy" does not include school district taxes for capital expenditures approved at referendums or school district taxes to pay for the debt service on bonds approved at referenda. In the case of the city of Minneapolis, the levy for the Minneapolis library board and the levy for Minneapolis park and recreation shall be listed separately from the remaining amount of the city's levy. In the case of a parcel where tax increment or the fiscal disparities areawide tax applies, the proposed tax levy on the captured value or the proposed tax levy on the tax capacity subject to the areawide tax must each be stated separately and not included in the sum of the special taxing districts; and

(3) the increase or decrease in the amounts in clause (2) from taxes payable in the current year to proposed or, for a town, final taxes payable the following year, expressed as a dollar amount and as a percentage.

(e) The notice must clearly state that the proposed or final taxes do not include the following:

(1) special assessments;

(2) levies approved by the voters after the date the proposed taxes are certified, including bond referenda, school district levy referenda, and levy limit increase referenda;

(3) amounts necessary to pay cleanup or other costs due to a natural disaster occurring after the date the proposed taxes are certified;

(4) amounts necessary to pay tort judgments against the taxing authority that become final after the date the proposed taxes are certified; and

(5) the contamination tax imposed on properties which received market value reductions for contamination.

(f) Except as provided in subdivision 7, failure of the county auditor to prepare or the county treasurer to deliver the notice as required in this section does not invalidate the proposed or final tax levy or the taxes payable pursuant to the tax levy.

(g) If the notice the taxpayer receives under this section lists the property as nonhomestead and the homeowner provides satisfactory documentation to the county assessor that the property is owned and has been used as the owner's homestead prior to June 1 of that year, the assessor shall reclassify the property to homestead for taxes payable in the following year.

(h) In the case of class 4 residential property used as a residence for lease or rental periods of 30 days or more, the taxpayer must either:

(1) mail or deliver a copy of the notice of proposed property taxes to each tenant, renter, or lessee; or

(2) post a copy of the notice in a conspicuous place on the premises of the property.

(i) For purposes of this subdivision, subdivisions 5a and 6, "metropolitan special taxing districts" means the following taxing districts in the seven-county metropolitan area that levy a property tax for any of the specified purposes listed below:

(1) metropolitan council under section 473.132, 473.167, 473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; and

(2) metropolitan airports commission under section 473.667, 473.671, or 473.672; and

(3) metropolitan mosquito control commission under section 473.711.

For purposes of this section, any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be included with the appropriate county's levy and shall be discussed at that county's public hearing.

The notice must be mailed or posted by the taxpayer by November 27 or within three days of receipt of the notice, whichever is later. A taxpayer may notify the county treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to which the notice must be mailed in order to fulfill the requirements of this paragraph.

Sec. 6. Minnesota Statutes 1994, section 275.066, is amended to read:

275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.]

For the purposes of property taxation and property tax state aids, the term "special taxing districts" includes the following entities:

(1) watershed districts under chapter 103D;

(2) sanitary districts under sections 115.18 to 115.37;

(3) regional sanitary sewer districts under sections 115.61 to 115.67;

(4) regional public library districts under section 134.201;

(5) park districts under chapter 398;

(6) regional railroad authorities under chapter 398A;

(7) hospital districts under sections 447.31 to 447.38;

(8) St. Cloud metropolitan transit commission under sections 458A.01 to 458A.15;

(9) Duluth transit authority under sections 458A.21 to 458A.37;

(10) regional development commissions under sections 462.381 to 462.398;

(11) housing and redevelopment authorities under sections 469.001 to 469.047;

(12) port authorities under sections 469.048 to 469.068;

(13) economic development authorities under sections 469.090 to 469.1081;

(14) metropolitan council under sections 473.122 to 473.249;

(15) regional transit board under sections 473.371 to 473.449;

(16) metropolitan airports commission under sections 473.601 to 473.680;

(17) metropolitan mosquito control commission under sections 473.701 to 473.716;

(18) Morrison county rural development financing authority under Laws 1982, chapter 437, section 1;

(19) (18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6;

(20) (19) East Lake county medical clinic district under Laws 1989, chapter 211, sections 1 to 6;

(21) (20) Floodwood area ambulance district under Laws 1993, chapter 375, article 5, section 39; and

(22) (21) any other political subdivision of the state of Minnesota, excluding counties, school districts, cities, and towns, that has the power to adopt and certify a property tax levy to the county auditor, as determined by the commissioner of revenue.

Sec. 7. Minnesota Statutes 1994, section 352.01, subdivision 2a, is amended to read:

Subd. 2a. [INCLUDED EMPLOYEES.] (a) "State employee" includes:

(1) employees of the Minnesota historical society;

(2) employees of the state horticultural society;

(3) employees of the Disabled American Veterans, Department of Minnesota, Veterans of Foreign Wars, Department of Minnesota, if employed before July 1, 1963;

(4) employees of the Minnesota crop improvement association;

(5) employees of the adjutant general who are paid from federal funds and who are not covered by any federal civilian employees retirement system;

(6) employees of the state universities employed under the university activities program;

(7) currently contributing employees covered by the system who are temporarily employed by the legislature during a legislative session or any currently contributing employee employed for any special service as defined in clause (8) of subdivision 2b;

(8) employees of the armory building commission;

(9) permanent employees of the legislature and persons employed or designated by the legislature or by a legislative committee or commission or other competent authority to conduct a special inquiry, investigation, examination, or installation;

(10) trainees who are employed on a full-time established training program performing the duties of the classified position for which they will be eligible to receive immediate appointment at the completion of the training period;

(11) employees of the Minnesota safety council;

(12) any employees on authorized leave of absence from the transit operating division of the former metropolitan transit commission who are employed by the labor organization which is the exclusive bargaining agent representing employees of the transit operating division;

(13) employees of the metropolitan council, metropolitan parks and open space commission, metropolitan sports facilities commission, or the metropolitan mosquito control commission, or a joint powers board for mosquito abatement in the metropolitan area, unless excluded or covered by another public pension fund or plan under section 473.141, subdivision 12, or 473.415, subdivision 3;

(14) judges of the tax court; and

(15) personnel employed on June 30, 1992, by the University of Minnesota in the management, operation, or maintenance of its heating plant facilities, whose employment transfers to an employer assuming operation of the heating plant facilities, so long as the person is employed at the University of Minnesota heating plant by that employer or by its successor organization.

(b) Employees specified in paragraph (a), clause (15), are included employees under paragraph (a) providing that employer and employee contributions are made in a timely manner in the amounts required by section 352.04. Employee contributions must be deducted from salary. Employer contributions are the sole obligation of the employer assuming operation of the University of Minnesota heating plant facilities or any successor organizations to that employer.

Sec. 8. Minnesota Statutes 1994, section 473.143, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION.] For purposes of this section, "agency" means a metropolitan agency as defined in section 473.121, except the metropolitan parks and open space commission. Agency also means the metropolitan mosquito control commission. For purposes of this section, "commissioner" means the commissioner of the state department of employee relations.

Sec. 9. Minnesota Statutes 1994, section 473.8011, is amended to read:

473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.]

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

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

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

Sec. 10. [APPLICATION.]

This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 11. [EFFECTIVE DATE.]

This article is effective January 1, 1996."

Amend the title as follows:

Page 1, line 4, delete everything after the semicolon

Page 1, delete lines 5 to 7

Page 1, line 8, delete "appropriating money" and insert "authorizing a joint powers board for mosquito abatement in the metropolitan area; prescribing its powers and duties"

Page 1, line 10, after the second semicolon, insert "273.1398, by adding a subdivision;"

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 337, A bill for an act relating to agriculture; changing certain procedures for compensating crop owners for damage by elk; amending Minnesota Statute 1994, section 3.7371, subdivision 3.

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

The report was adopted.

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

H. F. No. 363, A bill for an act relating to agriculture; extending the sunset date for the farmer-lender mediation act; appropriating money; amending Laws 1986, chapter 398, article 1, section 18, as amended.

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

The report was adopted.

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

H. F. No. 432, A bill for an act relating to children; modifying liability provisions for child abuse investigations; providing for attorney fees in certain actions; providing for the establishment of protocols for investigations; prohibiting certain conflicts of interest; providing for access to data regarding determinations of maltreatment; amending Minnesota Statutes 1994, section 626.556, subdivisions 4, 10e, 11, and by adding subdivisions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 626.556, subdivision 4, is amended to read:

Subd. 4. [IMMUNITY FROM LIABILITY.] (a) The following persons are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith:

(1) any person making a voluntary or mandated report under subdivision 3 or under section 626.5561 or assisting in an assessment under this section or under section 626.5561;

(2) any social worker person with responsibility for performing duties under this section or supervisor employed by a local welfare agency or the commissioner complying with subdivision 10d or the provisions of section 626.5561; and

(3) any public or private school, facility as defined in subdivision 2, or the employee of any public or private school or facility who permits access by a local welfare agency or local law enforcement agency and assists in an investigation or assessment pursuant to subdivision 10 or under section 626.5561.

(b) A person who is a supervisor or social worker person with responsibility for performing duties under this section employed by a local welfare agency or the commissioner complying with subdivisions 10 and 11 or section 626.5561 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, or in accordance with the information collection procedures established under subdivision 10, paragraphs (h), (i), and (j).

(c) This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical abuse, or sexual abuse of a child.

(d) If a person who makes a voluntary or mandatory report under subdivision 3 prevails in a civil action from which the person has been granted immunity under this subdivision, the court may award the person attorney fees and costs.

Sec. 2. Minnesota Statutes 1994, section 626.556, is amended by adding a subdivision to read:

Subd. 4b. [LIABILITY; COSTS AND ATTORNEY FEES.] If a person who is an alleged offender prevails in a civil action arising out of a bad faith assessment, determination, or report made under this section, the person is entitled to costs and reasonable attorney fees in the action. This subdivision does not apply to criminal or juvenile court proceedings. This subdivision does not affect the immunity provisions of this section or other law.

Sec. 3. Minnesota Statutes 1994, section 626.556, subdivision 10, is amended to read:

Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, the local welfare agency shall immediately conduct an assessment and offer protective social services for purposes of preventing further abuses, safeguarding and enhancing the welfare of the abused or neglected minor, and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records.

(b) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform the ombudsman established under sections 245.91 to 245.97.

(c) Authority of the local welfare agency responsible for assessing the child abuse or neglect report and of the local law enforcement agency for investigating the alleged abuse or neglect includes, but is not limited to, authority to interview, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged perpetrator offender. The interview may take place at school or at any facility or other place where the alleged victim or other minors might be found or the child may be transported to, and the interview conducted at, a place appropriate for the interview of a child designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the perpetrator alleged offender or parent, legal custodian, guardian, or school official. Except as provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible local welfare or law enforcement agency no later than the conclusion of the investigation or assessment that this interview has occurred. Notwithstanding rule 49.02 of the Minnesota rules of procedure for juvenile courts, the juvenile court may, after hearing on an ex parte motion by the local welfare agency, order that, where reasonable cause exists, the agency withhold notification of this interview from the parent, legal custodian, or guardian. If the interview took place or is to take place on school property, the order shall specify that school officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school property, as provided under this paragraph, and any other related information regarding the interview that may be a part of the child's school record. A copy of the order shall be sent by the local welfare or law enforcement agency to the appropriate school official.

(d) When the local welfare or local law enforcement agency determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded. Until that time, the local welfare or law enforcement agency shall be solely responsible for any disclosures regarding the nature of the assessment or investigation.

Except where the alleged perpetrator offender is believed to be a school official or employee, the time and place, and manner of the interview on school premises shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The

conditions as to time, place, and manner of the interview set by the school officials shall be reasonable and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Where the school fails to comply with the provisions of this paragraph, the juvenile court may order the school to comply. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school staff when an interview is conducted on school premises.

(e) Where the perpetrator alleged offender or a person responsible for the care of the alleged victim or other minor prevents access to the victim or other minor by the local welfare agency, the juvenile court may order the parents, legal custodian, or guardian to produce the alleged victim or other minor for questioning by the local welfare agency or the local law enforcement agency outside the presence of the perpetrator alleged offender or any person responsible for the child's care at reasonable places and times as specified by court order.

(f) Before making an order under paragraph (e), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause.

(g) The commissioner, the ombudsman for mental health and mental retardation, the local welfare agencies responsible for investigating reports, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings.

(h) The local welfare agency shall collect available and relevant information to ascertain whether maltreatment occurred and whether protective services are needed. Information collected includes, when relevant, information with regard to the person reporting the alleged maltreatment, including the nature of the reporter's relationship to the child and to the alleged offender and the basis of the reporter's knowledge for the report, the child allegedly being maltreated, the alleged offender, the child's caretaker, and other collateral sources having relevant information related to the alleged maltreatment. The local welfare agency may make a determination of no maltreatment early in an assessment, and close the case and retain immunity, if the collected information shows no basis for a full assessment or investigation and if the information precludes the probability of maltreatment.

Information relevant to the assessment or investigation shall be asked for, and may include:

(1) the child's sex and age, prior reports of maltreatment, information relating to intellectual and developmental functioning, memory capacity, credibility of the child, and whether the information provided under this paragraph is consistent with other information collected during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. The local welfare agency must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child and an interview with the treating professionals; (iii) mental health testing on the child and the alleged offender; and (iv) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child.

Nothing in this paragraph shall preclude the local welfare agency from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency during the course of the assessment or investigation are private data on individuals and shall be maintained in accordance with subdivision 11.

(i) In the initial stages of an assessment or investigation, the local welfare agency shall conduct a face-to-face observation of the child reported to be maltreated and a face-to-face interview of the alleged offender.

(j) The local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. The following interviewing methods and procedures shall be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources;

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the alleged victim and child witnesses.

Sec. 4. Minnesota Statutes 1994, section 626.556, subdivision 10b, is amended to read:

Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN A FACILITY.] (a) The commissioner shall immediately investigate if the report alleges that:

(1) a child who is in the care of a facility as defined in subdivision 2 is neglected, physically abused, or sexually abused by an individual in that facility, or has been so neglected or abused by an individual in that facility within the three years preceding the report; or

(2) a child was neglected, physically abused, or sexually abused by an individual in a facility defined in subdivision 2, while in the care of that facility within the three years preceding the report.

The commissioner shall arrange for the transmittal to the commissioner of reports received by local agencies and may delegate to a local welfare agency the duty to investigate reports. In conducting an investigation under this section, the commissioner has the powers and duties specified for local welfare agencies under this section. The commissioner or local welfare agency may interview any children who are or have been in the care of a facility under investigation and their parents, guardians, or legal custodians.

(b) Prior to any interview, the commissioner or local welfare agency shall notify the parent, guardian, or legal custodian of a child who will be interviewed in the manner provided for in subdivision 10d, paragraph (a). If reasonable efforts to reach the parent, guardian, or legal custodian of a child in an out-of-home placement have failed, the child may be interviewed if there is reason to believe the interview is necessary to protect the child or other children in the facility. The commissioner or local agency must provide the information required in this subdivision to the parent, guardian, or legal custodian of a child interviewed without parental notification as soon as possible after the interview. When the investigation is completed, any parent, guardian, or legal custodian notified under this subdivision shall receive the written memorandum provided for in subdivision 10d, paragraph (c).

(c) In conducting investigations under this subdivision the commissioner or local welfare agency may access information consistent with subdivision 10.

Sec. 5. Minnesota Statutes 1994, section 626.556, subdivision 10e, is amended to read:

Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every assessment or investigation it conducts, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. Determinations under this subdivision must be made based on a preponderance of the evidence.

(a) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions committed by a person responsible for the child's care:

(1) physical abuse as defined in subdivision 2, paragraph (d);

(2) neglect as defined in subdivision 2, paragraph (c);

(3) sexual abuse as defined in subdivision 2, paragraph (a); or

(4) mental injury as defined in subdivision 2, paragraph (k).

(b) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment.

(c) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child.

Sec. 6. Minnesota Statutes 1994, section 626.556, subdivision 11, is amended to read:

Subd. 11. [RECORDS.] Except as provided in subdivisions 10b, 10d, 10g, and 11b, and 11d, all records concerning individuals maintained by a local welfare agency under this section, including any written reports filed under subdivision 7, shall be private data on individuals, except insofar as copies of reports are required by subdivision 7 to be sent to the local police department or the county sheriff. Reports maintained by any police department or the county sheriff shall be private data on individuals except the reports shall be made available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners. Section 13.82, subdivisions 5, 5a, and 5b, apply to law enforcement data other than the reports. The local social services agency shall make available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners or their professional delegates, any records which contain information relating to a specific incident of neglect or abuse which is under investigation, petition, or prosecution and information relating to any prior incidents of neglect or abuse involving any of the same persons. The records shall be collected and maintained in accordance with the provisions of chapter 13. In conducting investigations and assessments pursuant to this section, the notice required by section 13.04, subdivision 2, need not be provided to a minor under the age of ten who is the alleged victim of abuse or neglect. An individual subject of a record shall have access to the record in accordance with those sections, except that the name of the reporter shall be confidential while the report is under assessment or investigation except as otherwise permitted by this subdivision. Any person conducting an investigation or assessment under this section who intentionally discloses the identity of a reporter prior to the completion of the investigation or assessment is guilty of a misdemeanor. After the assessment or investigation is completed, the name of the reporter shall be confidential. The subject of the report may compel disclosure of the name of the reporter only with the consent of the reporter or upon a written finding by the court that the report was false and that there is evidence that the report was made in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the rules of criminal procedure.

Sec. 7. Minnesota Statutes 1994, section 626.556, is amended by adding a subdivision to read:

Subd. 11d. [DISCLOSURE OF INFORMATION TO SUBJECT OF REPORT.] If a determination is made that maltreatment has occurred or that child protective services are needed, the person determined to be maltreating the child and the director of the facility, if applicable, may request, and the local welfare agency shall provide, a summary of the specific reasons for the determination, and certification that the information collection procedures under subdivision 10 were followed. Data otherwise prohibited from disclosure under chapter 13 and applicable federal laws shall not be disclosed under this subdivision.

Sec. 8. Minnesota Statutes 1994, section 626.556, is amended by adding a subdivision to read:

Subd. 14. [CONFLICT OF INTEREST.] (a) A potential conflict of interest related to assisting in an assessment under this section resulting in a direct or shared financial interest with a child abuse and neglect treatment provider must be considered by the local welfare agency in an effort to prevent unethical relationships.

(b) A person who conducts an assessment under this section or section 626.5561 may not have any direct or shared financial interest or referral relationship resulting in a direct shared financial gain with a child abuse and neglect treatment provider. If an independent assessor is not available, the person responsible for making the determination under this section may use the services of an assessor with a financial interest or referral relationship.

Sec. 9. [INFORMATION SHEET ON INVESTIGATION PROCESS.]

The commissioner must distribute to all local welfare agencies an information sheet that summarizes the investigation process and is based upon the commissioner's report titled "Recommended Standards for Use when Investigating Reports of Maltreatment in Child Care Facilities." The local welfare agency shall give this information sheet to all parties involved in information collection procedures under Minnesota Statutes, section 626.556, subdivision 10.

Sec. 10. [ALTERNATIVE DISPUTE RESOLUTION PROCEDURES; RECOMMENDATIONS.]

The commissioner of human services, in consultation with county attorneys, law enforcement personnel, representatives of parent and foster parent groups, facilities, attorneys and other advocates who represent the interests of persons who may be accused of child abuse and neglect, other professional human services associations, and the representatives of communities of color shall review and make recommendations to the chairs of the legislative committees on health and human services, judiciary, family services, and crime prevention on possible alternative dispute resolution or fair hearing procedures to be used in reviewing and resolving issues of alleged maltreatment and determinations of whether child protective services are needed. The purpose of the alternative dispute resolution process shall be to provide a prompt and nonadversarial opportunity to resolve allegations of maltreatment. The commissioner shall make these recommendations by January 15, 1996.

Sec. 11. [EFFECTIVE DATE.]

Section 2 is effective August 1, 1996."

Delete the title and insert:

"A bill for an act relating to children; modifying liability provisions for child abuse investigations; providing for attorney fees in certain actions; providing for the establishment of information collection procedures for investigations; prohibiting certain conflicts of interest; providing for access to data regarding determinations of maltreatment involving families, counselors, and providers of day care, foster care, education, health care, social services, and other persons at risk for allegations of maltreatment; amending Minnesota Statutes 1994, section 626.556, subdivisions 4, 10, 10b, 10e, 11, and by adding subdivisions."

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 453, A bill for an act relating to education; safe schools; establishing a grant program to develop parenting and ethics curricula; precluding disruptive students from participating in the open enrollment program; providing a buffer zone around schools where possession of a dangerous weapon is a crime and including property of public and post-secondary institutions; removing the repeal of the lengthened school year; increasing the limit on parental liability for personal injury torts committed by a minor; requiring a referral to the justice system of certain possessors of firearms; appropriating money; amending Minnesota Statutes 1994, sections 120.062, subdivision 7; 120.101, subdivision 5; 127.03, subdivision 3; 127.281; 540.18, subdivision 1; 609.2231, subdivision 5; and 609.66, subdivision 1d; Laws 1993, chapter 224, article 12, section 32; proposing coding for new law in Minnesota Statutes, chapter 127.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 120.062, subdivision 7, is amended to read:

Subd. 7. [BASIS FOR DECISIONS.] The school board must adopt, by resolution, specific standards for acceptance and rejection of applications. Standards may include the capacity of a program, class, grade level, or school building or a previous disciplinary proceeding that resulted in the expulsion or exclusion of a student for being willfully engaged in dangerous or assaultive behavior; or for being convicted of or adjudicated for committing a felony. Standards may not include previous academic achievement, athletic or other extracurricular ability, disabling conditions, or proficiency in the English language, or previous disciplinary proceedings.

Sec. 2. Minnesota Statutes 1994, section 127.281, is amended to read:

127.281 [EXCLUSION AND EXPULSION OF PUPILS WITH A DISABILITY.]

(a) When a pupil who has an individual education plan is excluded or expelled under sections 127.26 to 127.39 for misbehavior that is not a manifestation of the pupil's disabling condition, the district shall provide special education and related services after a period of suspension, if suspension is imposed. The district shall initiate a review of the pupil's individual education plan within ten days of the commencement of an expulsion, exclusion, or a suspension of ten days or more.

(b) In a school zone, possessing a firearm or dangerous weapon as defined in section 609.02, subdivision 6, is not a manifestation of a pupil's disabling condition unless the pupil can establish that it is such a manifestation. The pupil has the burdens of production and proof with respect to the manifestation.

Sec. 3. Minnesota Statutes 1994, section 127.30, subdivision 2, is amended to read:

Subd. 2. (a) A written notice containing the grounds for suspension, a brief statement of the facts, a description of the testimony, a readmission plan, and a copy of sections 127.26 to 127.39, shall be personally served upon the pupil at or before the time the suspension is to take effect, and upon the pupil's parent or guardian by certified mail within 48 hours of the conference. In the event a pupil is suspended without an informal administrative conference on the grounds that the pupil will create an immediate and substantial danger to surrounding persons or property, the written notice shall be served either personally or by certified mail upon the pupil and the pupil's parent or guardian within 48 hours of the suspension. Service by certified mail is complete upon mailing.

(b) If a custodial parent or guardian of a suspended pupil has officially filed, during the school year of the suspension, a telephone number with the principal's office of the pupil's school, a school official must try at least once to reach or leave a message for that parent or guardian at that telephone number before releasing the pupil to begin the suspension.

Sec. 4. [127.392] [INCARCERATED STUDENTS.]

Notwithstanding sections 127.26 to 127.39, a student released from a correctional institution or a juvenile services program may be diverted from the general school population to a substantive alternative instruction program for up to one year if the school district, after consultation with the student's parole officer, determines that the student poses a direct threat to the safety of students or school personnel. The school district shall provide information to the pupil on the processes available to appeal a decision to be diverted from the general school program.

Sec. 5. [RESTRICTING BEHAVIORAL CRITERIA.]

Within 90 days after the effective date of this act, the state board of education must adopt an amendment to Minnesota Rules, part 3525.1329, so that its definitions and criteria conform with, but do not exceed, the minimal requirements of Code of Federal Regulations, title 34, section 300.7, paragraph (b), clause (9), for students having the disability defined as "serious emotional disturbance." "

Delete the title and insert:

"A bill for an act relating to education; safe schools; precluding disruptive students from participating in the open enrollment program; providing for the burden of proof in certain cases; requiring pupils returning from incarceration to attend up to a year of alternative instruction; requiring the state board to restrict certain behavioral disability criteria to conform to federal standards; providing for attempted telephone notice to a parent or guardian of a suspended pupil in certain cases; amending Minnesota Statutes 1994, sections 120.062, subdivision 7; 127.281; and 127.30, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 127."

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. 581, A bill for an act relating to natural resources; coordination of efforts of public and private sectors in the sustainable management, use, development, and protection of Minnesota's forest resources; establishing a forest resources council and regional forest resource committees; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 89A.

Reported the same back with the following amendments:

Page 1, after line 9, insert:

"Section 1. Minnesota Statutes 1994, section 89.001, subdivision 8, is amended to read:

Subd. 8. "Forest resources" means those natural assets of forest lands, including timber and other forest crops,; biological diversity; recreation,; fish and wildlife habitat,; wilderness,; rare and distinctive flora and fauna,; air,; water,; soil,; and educational, aesthetic, and historic values."

Page 3, line 18, delete "12" and insert "13"

Page 3, line 31, delete "and"

Page 3, line 33, before the period, insert "; and

(13) a labor organization with membership having an interest in forest resource issues"

Page 4, line 18, delete "and"

Page 4, line 21, before the period, insert "; and

(8) address the environmental impacts and their mitigations as recommended in the generic environmental impact statement on timber harvesting"

Page 11, after line 35, insert:

"Sec. 12. [INSTRUCTION TO REVISOR.]

Wherever in this act the term "council" is named, the revisor shall change the name to "department" effective July 1, 2000.

Sec. 13. [REPEALER.]

Section 4 is repealed on June 30, 2000."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 7, after the second semicolon, insert "amending Minnesota Statutes 1994, section 89.001, subdivision 8;"

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. 612, A bill for an act relating to health; requiring equal treatment of prescription drug prescribers; proposing coding for new law in Minnesota Statutes, chapter 62A.

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. 679, A bill for an act relating to education; allowing the residential program operated by independent school district No. 518 to remain open until June 1, 1996; amending Laws 1994, chapter 643, section 14, subdivision 8.

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

The report was adopted.

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

H. F. No. 694, A bill for an act relating to human services; modifying child care programs and county contribution; amending Minnesota Statutes 1994, section 256H.12, subdivision 3.

Reported the same back with the following amendments:

Page 1, line 13, after the period, insert "However, the county must agree to continue contributions as necessary, in order to maintain on the basic sliding fee program, families who are receiving assistance on January 1, 1995, until such time as a family is no longer eligible or until a family voluntarily terminates from the program."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 751, A bill for an act relating to insurance; regulating trade practices; prohibiting certain insurance agent quotas; amending Minnesota Statutes 1994, section 72A.20, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [60A.178] [LIFE OR HEALTH INSURANCE POLICY QUOTAS.]

No insurer, or its officers or managers, shall require licensed property and casualty agents to sell a specified number of life or health insurance policies or a specified dollar amount of life and health insurance as a condition of selling property-casualty insurance. No insurer, or its officers or managers, shall reduce or restrict an agent's underwriting authority on property-casualty insurance policies based upon the sale of life or health insurance. This section does not apply to agents who are directly employed by the insurer or who write 80 percent or more of their gross annual insurance business for one company or any or all of its subsidiaries."

Delete the title and insert:

"A bill for an act relating to insurance; regulating trade practices; prohibiting certain insurance agent quotas; proposing coding for new law in Minnesota Statutes, chapter 60A."

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. 787, 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.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 103F.612, subdivision 2, is amended to read:

Subd. 2. [APPLICATION.] (a) A wetland owner may apply to the county where a wetland is located for designation of a wetland preservation area in a high priority wetland area identified in a comprehensive local water plan, as defined in section 103B.3363, subdivision 3, and located within a high priority wetland region designated by

the board of water and soil resources if the county chooses to accept wetland preservation area applications. The application must be made on forms provided by the board. If a wetland is located in more than one county, the application must be submitted to the county where the majority of the wetland is located.

(b) The application must contain at least the following information and other information the board of soil and water resources requires:

(1) legal description of the area to be approved, which must include an upland strip at least 16-1/2 feet in width around the perimeter of wetlands within the area and may include total upland area of up to four acres for each acre of wetland;

(2) parcel identification numbers where designated by the county auditor;

(3) name and address of the owner;

(4) a witnessed signature of the owner covenanting that the land will be preserved as a wetland and will only be used in accordance with conditions prescribed by the board of water and soil resources; and

(5) a statement that the restrictive covenant will be binding on the owner and the owner's successors or assigns, and will run with the land.

(c) The upland strip required in paragraph (b), clause (1), must be planted with permanent vegetation other than a noxious weed.

(d) For registered property, the owner shall submit the owner's duplicate certificate of title with the application.

Sec. 2. Minnesota Statutes 1994, section 103F.612, subdivision 3, is amended to read:

Subd. 3. [REVIEW AND NOTICE.] Upon receipt of an application, the county shall determine if all material required by subdivision 2 has been submitted and, if so, shall determine that the application is complete. The term "date of application" means the date the application is determined to be complete by the county. The county shall send a copy of the application to the county assessor, the regional development commission, where applicable, the board of water and soil resources, and the soil and water conservation district where the land is located. The soil and water conservation district shall prepare an advisory statement of existing and potential preservation problems or conflicts and send the statement to the owner of record and to the county. The county shall notify the landowner of the acceptance or denial of the application within 60 days from the date of the application.

Sec. 3. Minnesota Statutes 1994, section 103F.612, subdivision 5, is amended to read:

Subd. 5. [COMMENCEMENT OF WETLAND PRESERVATION AREA.] The wetland is a wetland preservation area commencing 30 days from the date the county determines notifies the landowner of acceptance of the application is complete under subdivision 3.

Sec. 4. Minnesota Statutes 1994, section 103F.612, subdivision 6, is amended to read:

Subd. 6. [FEE.] The county may require an application fee, not to exceed $50 to defray administrative costs of the program.

Sec. 5. Minnesota Statutes 1994, section 103F.612, subdivision 7, is amended to read:

Subd. 7. [MAPS.] The board of water and soil resources county shall maintain wetland preservation area maps illustrating land covenanted as wetland preservation areas.

Sec. 6. Minnesota Statutes 1994, section 103G.127, is amended to read:

103G.127 [PERMIT PROGRAM UNDER SECTION 404 OF THE FEDERAL CLEAN WATER ACT.]

Notwithstanding any other law to the contrary, the commissioner in consultation with the board of water and soil resources may adopt rules establishing a permit program for regulating the discharge of dredged and fill material into the waters of the state as necessary to obtain approval from the United States Environmental Protection Agency to administer the permit program under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules may not be more restrictive than the program under section 404, or state law, if it is more restrictive than the federal program.

Sec. 7. Minnesota Statutes 1994, section 103G.222, is amended to read:

103G.222 [REPLACEMENT OF WETLANDS.]

(a) After the effective date of the rules adopted under section 103B.3355 or 103G.2242, whichever is later, wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value under a replacement plan approved as provided in section 103G.2242, a replacement plan under a local governmental unit's comprehensive wetland protection and management plan approved by the board under section 103G.2242, subdivision 1, paragraph (c), or, if a permit to mine is required under section 93.481, under a mining reclamation plan approved by the commissioner under the permit to mine. Mining reclamation plans shall apply the same principles and standards for replacing wetlands by restoration or creation of wetland areas that are applicable to mitigation plans approved as provided in section 103G.2242.

(b) Replacement must be guided by the following principles in descending order of priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment;

(4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and

(5) compensating for the impact by replacing or providing substitute wetland resources or environments.

For projects in wetlands outside shoreland areas as defined in section 103F.205, subdivision 4, that impact less than 10,000 square feet, the local government unit may make a sequencing determination without written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be accomplished through restoration only without regard to the priority order in paragraph (b), provided that a deed restriction is placed on the altered wetland prohibiting nonagricultural use for at least ten years.

(d) Restoration and replacement of wetlands must be accomplished in accordance with the ecology of the landscape area affected.

(e) Replacement shall be within the same watershed or county as the impacted wetlands, as based on the wetland evaluation in section 103G.2242, subdivision 2, except that counties or watersheds in which 80 percent or more of the presettlement wetland acreage is intact may accomplish replacement in counties or watersheds in which 50 percent or more of the presettlement wetland acreage has been filled, drained, or otherwise degraded. Wetlands impacted by public transportation projects may be replaced statewide, provided they are approved by the commissioner under an established wetland banking system, or under the rules for wetland banking as provided for under section 103G.2242. Wetlands impacted by public transportation projects within the federally defined Minneapolis-St. Paul metropolitan statistical area, and located within a legally established watershed district, must first have the approval of the affected watershed district for replacement to occur outside of the watershed.

(f) Except as provided in paragraph (g), for a wetland located on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland for each acre of drained or filled wetland.

(g) For a wetland located on agricultural land, associated with a public transportation project, or in counties or watersheds in which 80 percent or more of the presettlement wetland acreage exists, replacement must be in the ratio of one acre of replaced wetland for each acre of drained or filled wetland.

(h) Wetlands that are restored or created as a result of an approved replacement plan are subject to the provisions of this section for any subsequent drainage or filling.

(i) Except in counties or watersheds where 80 percent or more of the presettlement wetlands are intact, only wetlands that have been restored from previously drained or filled wetlands, wetlands created by excavation in nonwetlands, wetlands created by dikes or dams along public or private drainage ditches, or wetlands created by dikes or dams associated with the restoration of previously drained or filled wetlands may be used in a statewide banking program established in rules adopted under section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring wetlands from one type to another are not eligible for enrollment in a statewide wetlands bank.

(j) The technical evaluation panel established under section 103G.2242, subdivision 2, shall ensure that sufficient time has occurred for the wetland to develop wetland characteristics of soils, vegetation, and hydrology before recommending that the wetland be deposited in the statewide wetland bank. If the technical evaluation panel has reason to believe that the wetland characteristics may change substantially, the panel shall postpone its recommendation until the wetland has stabilized.

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply to the state and its departments and agencies.

(l) For wetland replacement ordered as part of or after issuance of an order pursuant to section 103G.2372, the replacement must be in a ratio double that which would otherwise have been required by section 103G.222.

Sec. 8. Minnesota Statutes 1994, section 103G.2241, is amended to read:

103G.2241 [EXEMPTIONS.]

(a) Subject to the conditions in paragraph (b), a replacement plan for wetlands is not required for:

(1) activities in a wetland that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes, or was required to be set aside to receive price support or other payments under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to January 1, 1991;

(2) activities in a wetland that is or has been enrolled in the federal conservation reserve program under United States Code, title 16, section 3831, that:

(i) was planted with annually seeded crops, was in a crop rotation seeding, or was required to be set aside to receive price support or payment under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the program; and

(ii) has not been restored with assistance from a public or private wetland restoration program;

(3) activities necessary to repair and maintain existing public or private drainage systems as long as wetlands that have been in existence for more than 20 years are not drained;

(4) activities in a wetland that has received a commenced drainage determination provided for by the federal Food Security Act of 1985, that was made to the county agricultural stabilization and conservation service office prior to September 19, 1988, and a ruling and any subsequent appeals or reviews have determined that drainage of the wetland had been commenced prior to December 23, 1985;

(5) activities exempted from federal regulation under United States Code, title 33, section 1344(f);

(6) activities authorized under, and conducted in accordance with, an applicable general permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, except the nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), clause (14), limited to when a new road crosses a wetland, and all of clause (26);

(7) activities in a type 1 wetland on agricultural land, as defined in United States Fish and Wildlife Circular No. 39 (1971 edition) except for bottomland hardwood type 1 wetlands;

(8) activities in a type 2 wetland that is two acres in size or less located on agricultural land;

(9) activities in a wetland restored for conservation purposes under a contract or easement providing the landowner with the right to drain the restored wetland;

(10) activities in a wetland created solely as a result of:

(i) beaver dam construction;

(ii) blockage of culverts through roadways maintained by a public or private entity;

(iii) actions by public entities that were taken for a purpose other than creating the wetland; or

(iv) any combination of (i) to (iii);

(11) placement, maintenance, repair, enhancement, or replacement of utility or utility-type service, including the transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity, telephone, or radio service or communications if:

(i) the impacts of the proposed project on the hydrologic and biological characteristics of the wetland have been avoided and minimized to the extent possible; and

(ii) the proposed project significantly modifies or alters less than one-half acre of wetlands;

(12) activities associated with routine maintenance of utility and pipeline rights-of-way, provided the activities do not result in additional intrusion into the wetland;

(13) alteration of a wetland associated with the operation, maintenance, or repair of an interstate pipeline;

(14) temporarily crossing or entering a wetland to perform silvicultural activities, including timber harvest as part of a forest management activity, so long as the activity limits the impact on the hydrologic and biologic characteristics of the wetland; the activities do not result in the construction of dikes, drainage ditches, tile lines, or buildings; and the timber harvesting and other silvicultural practices do not result in the drainage of the wetland or public waters;

(15) permanent access for forest roads across wetlands so long as the activity limits the impact on the hydrologic and biologic characteristics of the wetland; the construction activities do not result in the access becoming a dike, drainage ditch or tile line; with filling avoided wherever possible; and there is no drainage of the wetland or public waters;

(16) draining or filling up to one-half acre of wetlands for the repair, rehabilitation, or replacement of a previously authorized, currently serviceable existing public road, provided that minor deviations in the public road's configuration or filled area, including those due to changes in materials, construction techniques, or current construction codes or safety standards, that are necessary to make repairs, rehabilitation, or replacement are allowed if the wetland draining or filling resulting from the repair, rehabilitation, or replacement is minimized;

(17) emergency repair and normal maintenance and, repair, and updating of existing public works, provided the activity does not result in additional intrusion of the public works into the wetland and do not result in the draining or filling, wholly or partially, of a wetland individual sewage treatment systems as necessary to comply with local, state, or federal law;

(18) normal maintenance and minor repair of structures causing no, including private crossings, provided the activity does not result in additional intrusion of an existing structure into or draining or filling of the wetland, and maintenance and repair of private crossings that do not result in the draining or filling, wholly or partially, of a wetland;

(19) duck blinds;

(20) aquaculture activities, including pond excavation and construction and maintenance of associated access roads and dikes authorized under, and conducted in accordance with, a permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but not including construction or expansion of buildings;

(21) wild rice production activities, including necessary diking and other activities authorized under a permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344;

(22) normal agricultural practices to control pests or weeds, defined by rule as either noxious or secondary weeds, in accordance with applicable requirements under state and federal law, including established best management practices;

(23) agricultural activities in a wetland that is on agricultural land annually enrolled in the federal Food, Agricultural, Conservation, and Trade Act of 1990, United States Code, title 16, section 3821, subsection (a), clauses (1) to (3), as amended, and is subject to sections 1421 to 1424 of the federal act in effect on January 1, 1991, except that land enrolled in a federal farm program is eligible for easement participation for those acres not already compensated under a federal program;

(24) development projects and ditch improvement projects in the state that have received preliminary or final plat approval, or infrastructure that has been installed, or having local site plan approval, conditional use permits, or similar official approval by a governing body or government agency, within five years before July 1, 1991. In the seven-county metropolitan area and in cities of the first and second class, plat approval must be preliminary as approved by the appropriate governing body; and

(25) activities that result in the draining or filling of less than the following amounts of wetlands as part of a project, regardless of the total amount of wetlands drained or filled as part of the project:

(i) 400 square feet of wetlands. in counties or watersheds with less than 50 percent of their presettlement wetlands remaining;

(ii) 400 square feet of wetlands in shoreland areas, as defined in section 103F.205, subdivision 4, in all counties;

(iii) 1,000 square feet of wetlands in nonshoreland areas of counties or watersheds with 50 to 80 percent of their presettlement wetlands remaining; or

(iv) 7,500 square feet of wetlands in nonshoreland areas of counties or watersheds with more than 80 percent of their presettlement wetlands remaining.

This exemption applies if the cumulative wetland impact by all persons on a wetland over time without replacement after January 1, 1992, does not exceed five percent of the wetland's area.

(b) For the purpose of paragraph (a), clause (16), "currently serviceable" means usable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Paragraph (a), clause (16), authorizes the repair, rehabilitation, or replacement of public roads destroyed by storms, floods, fire, or other discrete events, provided the repair, rehabilitation, or replacement is commenced or under contract to commence within two years of the occurrence of the destruction or damage.

(c) A person conducting an activity in a wetland under an exemption in paragraph (a) shall ensure that:

(1) appropriate erosion control measures are taken to prevent sedimentation of the water;

(2) the activity does not block fish passage in a watercourse; and

(3) the activity is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices and water resource protection requirements established under chapter 103H.

(d) Section 103G.223 does not apply to the construction, operation, maintenance, or repair of the Lincoln-Pipestone rural water district established pursuant to chapter 116A when done in an environmentally sustainable manner.

Sec. 9. Minnesota Statutes 1994, section 103G.2242, subdivision 1, is amended to read:

Subdivision 1. [RULES.] (a) By July 1, 1993, the board, in consultation with the commissioner, shall adopt rules governing the approval of wetland value replacement plans under this section. These rules must address the criteria, procedure, timing, and location of acceptable replacement of wetland values; may address the state establishment and administration of a wetland banking program for public and private projects, which may include provisions allowing monetary payment to the wetland banking program for alteration of wetlands on agricultural land; the methodology to be used in identifying and evaluating wetland functions; the administrative, monitoring, and enforcement procedures to be used; and a procedure for the review and appeal of decisions under this section. In the case of peatlands, the replacement plan rules must consider the impact on carbon balance described in the report required by Laws 1990, chapter 587, and include the planting of trees or shrubs.

(b) After the adoption of the rules, a replacement plan must be approved by a resolution of the governing body of the local government unit, consistent with the provisions of the rules.

(c) The board may approve as an alternative to the rules adopted under this subdivision a comprehensive wetland protection and management plan developed by a local government unit, provided that the plan:

(1) incorporates sections 103A.201, subdivision 2, and 103G.222;

(2) is adopted as part of an approved local water plan under sections 103B.231 and 103B.311; and

(3) is adopted as part of the local government's official controls.

(d) If the local government unit fails to apply the rules, or fails to implement a local program under paragraph (c), the government unit is subject to penalty as determined by the board.

(e) The board may approve as an alternative to the rules adopted under this subdivision a comprehensive wetland protection and management plan developed by a local government unit, provided that the plan:

(1) incorporates sections 103A.201, subdivision 2, and 103G.222;

(2) is adopted as part of an approved local water plan under sections 103B.231 and 103B.311; and

(3) is adopted as part of the local government's official controls.

(f) A comprehensive wetland protection and management plan may:

(1) according to a procedure approved by the board, classify wetlands based on an assessment of:

(i) wetland functions including: floodwater retention, nutrient assimilation, sediment entrapment, groundwater recharge, low flow augmentation, aesthetics and recreation, commercial uses, wildlife and fisheries habitat, and education; and

(ii) the resulting public values;

(2) vary application of the sequencing standards of section 103G.222, paragraph (b), based on the classification; and

(3) in counties or watersheds having more than 80 percent of their presettlement wetland acreage, vary the replacement standards of section 103G.222, paragraphs (f) and (g), for specific wetland impacts so long as there is no net loss of wetland function and public values and biological diversity.

(g) Upon approval of a comprehensive wetland protection and management plan by the board, the local government unit shall make replacement decisions based on the approved plan.

(h) The board shall amend its rules adopted under this subdivision to establish procedures and standards for reviewing and approving comprehensive wetland protection and management plans. The rule amendments shall include the public value classification system required by section 103B.3355. The board shall make these amendments using the emergency rulemaking provisions of sections 14.29 to 14.36 of the administrative procedures act. The board shall also use these proceedings to make the rules consistent with the wetlands conservation act of 1991.

Sec. 10. Minnesota Statutes 1994, section 103G.2242, subdivision 6, is amended to read:

Subd. 6. [NOTICE OF APPLICATION.] (a) Except as provided in paragraph paragraphs (b) and (c), within ten days of receiving an application for approval of a replacement plan under this section, a copy summary of the application must be submitted to the board for publication in the Environmental Quality Board Monitor and separate copies of the complete application mailed to members of the technical evaluation panel, individual members of the public who request a copy, the board of supervisors of the soil and water conservation district, the managers of the watershed district, the board of county commissioners, if there is one, and the commissioner of agriculture, and the mayors of the cities within the area watershed. At the same time, the local government unit must give general notice to the public in a general circulation newspaper within the area affected natural resources.

(b) Within ten days of receiving an application for approval of a replacement plan under this section for an activity affecting less than 10,000 square feet of wetland, a summary of the application must be submitted for publication in the Environmental Quality Board Monitor and separate copies mailed to the members of the technical evaluation panel, individual members of the public who request a copy, and the managers of the watershed district, if applicable. At the same time, the local government unit must give general notice to the public in a general circulation newspaper within the area affected commissioner of natural resources.

(c) Revisions to replacement plan applications or approved replacement plans must be renoticed in their entirety per paragraphs (a) and (b) when:

(1) the revised replacement plan proposes wetland impacts that are a ten percent or more increase from the original replacement plan; or

(2) the revised replacement plan proposes that the location of the impact to the wetland is changed by more than 500 feet.

Sec. 11. Minnesota Statutes 1994, section 103G.2242, subdivision 7, is amended to read:

Subd. 7. [NOTICE OF DECISION.] (a) Except as provided in paragraph (b), at least 30 Within ten days prior to the effective date of the approval or denial of a replacement plan under this section, a copy summary of the approval or denial must be submitted for publication in the Environmental Quality Board Monitor and separate copies mailed to members of the technical evaluation panel, the applicant, the board, individual members of the public who request a copy, the board of supervisors of the soil and water conservation district, the managers of the watershed district, the board of county commissioners, if there is one, and the commissioner of agriculture, and the mayors of the cities within the area watershed natural resources. Notice in the Environmental Quality Board Monitor is not required for projects impacting less than 10,000 square feet of wetlands.

(b) Within ten days of the decision approving or denying a replacement plan under this section for an activity affecting less than 10,000 square feet of wetland, a summary of the approval or denial must be submitted for publication in the Environmental Quality Board Monitor and separate copies mailed to the applicant, individual members of the public who request a copy, the members of the technical evaluation panel, and the managers of the watershed district, if applicable. At the same time, the local government unit must give general notice to the public in a general circulation newspaper within the area affected.

Sec. 12. Minnesota Statutes 1994, section 103G.2242, subdivision 9, is amended to read:

Subd. 9. [APPEAL.] Appeal of the a replacement plan, exemption, or no-loss decision may be obtained by mailing a notice of appeal petition and payment of a filing fee of $200 to the board within 30 15 days after the postmarked date of the mailing specified in subdivision 7. If appeal is not sought within 30 15 days, the decision becomes final. Appeal may be made by the wetland owner, by any of those to whom notice is required to be mailed under subdivision 7, or by 100 residents of the county in which a majority of the wetland is located. Within 45 days after receiving a petition, the board shall decide whether to grant the petition and hear the appeal. The board shall grant the petition unless the board finds that the appeal is meritless, trivial, or brought solely for the purposes of delay, or that the petitioner has not exhausted all local administrative remedies. If the petition is accepted, the filing fee will be retained by the board to defray administrative costs. If the appeal is denied, the filing fee must be returned to the petitioner. All appeals must be heard by the committee for dispute resolution of the board, and a decision made within 60 days after the decision of the board to accept the petition for appeal. The A decision whether to grant a petition for appeal and a decision on the merits of an appeal must be served by mail on the parties to the appeal, and is not subject to the provisions of chapter 14. The decision must be considered the decision of an agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.

Sec. 13. Minnesota Statutes 1994, section 103G.2242, subdivision 12, is amended to read:

Subd. 12. [REPLACEMENT CREDITS.] (a) No public or private wetland restoration, enhancement, or construction may be allowed for replacement unless specifically designated for replacement and paid for by the individual or organization performing the wetland restoration, enhancement, or construction, and is completed prior to any draining or filling of the wetland.

This subdivision Paragraph (a) does not apply to a wetland whose owner has paid back with interest the individual or organization restoring, enhancing, or constructing the wetland.

(b) Notwithstanding section 103G.222, paragraph (i), the following actions are eligible for replacement credit as determined by the local government unit, including enrollment in a statewide wetlands bank:

(1) Reestablishment of permanent vegetative cover on a wetland that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes, or was required to be set aside to receive price supports or other payments under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to January 1, 1991. Replacement credit may not exceed 50 percent of the total wetland area vegetatively restored.

(2) Buffer areas of permanent vegetative cover established on upland adjacent to replacement wetlands. The upland buffer must be established at the time of wetland mitigation and replacement credit for such buffers cannot exceed 50 percent of the mitigated wetland area and can only be used for replacement above a 1:1 ratio.

(3) Wetlands restored for conservation purposes under terminated easements or contracts. Up to 50 percent of the restored wetland area is eligible for replacement credit. Adjacent upland buffer areas reestablished to permanent vegetative cover are eligible for replacement credit above a 1:1 ratio in an amount not to exceed 25 percent of the restored wetland area.

(4) Water quality treatment ponds constructed to pretreat storm water runoff prior to discharge to wetlands, public waters, or other water bodies. The water quality treatment ponds must be associated with an ongoing or proposed project that will impact a wetland. Replacement credit for the treatment ponds may not exceed 50 percent of the treatment pond area and may only be used for replacement above a 1:1 ratio.

Sec. 14. Minnesota Statutes 1994, section 103G.237, subdivision 4, is amended to read:

Subd. 4. [COMPENSATION.] (a) The board shall award compensation in an amount equal to 50 percent of the value of the wetland, calculated by multiplying the acreage of the wetland by the greater of:

(1) the average equalized estimated market value of agricultural property in the township as established by the commissioner of revenue at the time application for compensation is made; or

(2) the assessed value per acre of the parcel containing the wetland, based on the assessed value of the parcel as stated on the most recent tax statement.

(b) A person who receives compensation under paragraph (a) shall convey to the board a permanent conservation easement as described in section 103F.515, subdivision 4. An easement conveyed under this paragraph is subject to correction and enforcement under section 103F.515, subdivisions 8 and 9.

(c) When an inverse condemnation action brought against a local government unit solely for its application of the wetlands conservation act results in a final adjudication awarding a claim against the local governmental unit, the amount awarded, which may include expenses incurred by the local government unit in defense of the action, shall be submitted to the legislative claims commission for consideration for payment, so long as:

(1) the local government notifies the state at the inception of the litigation and the local governmental unit defends the litigation in good faith; and

(2) the court award arises from the reasonable application of the state wetland conservation act law and rules by the local government unit, rather than from local government decisions based on local standards more restrictive than the state law and rules.

If clause (1) is met, the state shall offer legal and technical assistance to the local government in defense of the action.

Sec. 15. Minnesota Statutes 1994, section 103G.2372, subdivision 1, is amended to read:

Subdivision 1. [COMMISSIONER OF NATURAL RESOURCES.] The commissioner of natural resources, conservation officers, and peace officers shall enforce laws preserving and protecting wetlands. The commissioner of natural resources, a conservation officer, or a peace officer may issue a cease and desist order to stop any illegal activity adversely affecting a wetland. In the order, or by separate order, the commissioner, conservation officer, or peace officer may require restoration or replacement of the wetland, as determined by the local soil and water conservation district. The soil and water conservation district shall endeavor to make their determination within 90 days from the date a cease and desist order is issued.

Sec. 16. Minnesota Statutes 1994, section 103G.2373, is amended to read:

103G.2373 [ANNUAL WETLANDS REPORT.]

By January March 1 of each year, the commissioner of natural resources and the board of water and soil resources shall jointly report to the committees of the legislature with jurisdiction over matters relating to agriculture, the environment, and natural resources on:

(1) the status of implementation of state laws and programs relating to wetlands;

(2) the quantity, quality, acreage, types, and public value of wetlands in the state; and

(3) changes in the items in clause (2).

Sec. 17. [REPEALER.]

Minnesota Statutes 1994, section 103G.2242, subdivision 13, is repealed."

Delete the title and insert:

"A bill for an act relating to water; wetland protection and management; amending Minnesota Statutes 1994, sections 103F.612, subdivisions 2, 3, 5, 6, and 7; 103G.127; 103G.222; 103G.2241; 103G.2242, subdivisions 1, 6, 7, 9, and 12; 103G.237, subdivision 4; 103G.2372, subdivision 1; and 103G.2373; repealing Minnesota Statutes 1994, section 103G.2242, subdivision 13."

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. 825, A bill for an act relating to the environment; modifying the toxic pollution prevention act; amending Minnesota Statutes 1994, sections 115A.55, subdivision 3; 115D.03, subdivision 5, and by adding a subdivision; 115D.05; 115D.07, subdivisions 1 and 2; 115D.08, subdivision 1; and 115D.10; repealing Minnesota Statutes 1994, section 115A.165.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. Minnesota Statutes 1994, section 115A.55, subdivision 3, is amended to read:

Subd. 3. [FINANCIAL ASSISTANCE.] (a) The director shall make loans and grants to any person for the purpose of developing and implementing projects or practices to prevent or reduce the generation of solid waste including those that involve reuse of items in their original form or in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use, or involve procuring, using, or producing products with long useful lives. Grants may be used to fund studies needed to determine the technical and financial feasibility of a waste reduction project or practice or for the cost of implementation of a waste reduction project or practice that the director has determined is technically and financially feasible.

(b) In making grants or loans, the director shall give priority to waste reduction projects or practices that have broad application in the state and that have the potential for significant reduction of the amount of waste generated.

(c) All information developed as a result of a grant or loan shall be made available to other solid waste generators through the public information program established in subdivision 2.

(d) The director shall adopt rules for the administration of this program and may administer the program in conjunction with the grant program established under section 115D.05. The rules must prescribe the level or levels of matching funds required for grants or loans under this subdivision.

Sec. 2. Minnesota Statutes 1994, section 115D.03, subdivision 5, is amended to read:

Subd. 5. [ELIGIBLE RECIPIENTS.] "Eligible recipients" means persons who use, generate, or release toxic pollutants, hazardous substances, or hazardous wastes, or individuals or organizations that provide assistance to these persons.

Sec. 3. Minnesota Statutes 1994, section 115D.03, is amended by adding a subdivision to read:

Subd. 6a. [OFFICER OF THE COMPANY.] "Officer of the company" means one of the following:

(1) an owner or sole proprietor;

(2) a partner;

(3) for a corporation incorporated under chapter 300, the president, secretary, treasurer, or other officer as provided for in the corporation's bylaws or certificate of incorporation;

(4) for a corporation incorporated under chapter 302A, an individual exercising the functions of the chief executive officer or the chief financial officer under section 302A.305 or another officer elected or appointed by the directors of the corporation under section 302A.311;

(5) for a corporation incorporated outside this state, an officer of the company as defined by the laws of the state in which the corporation is incorporated; or

(6) for a limited liability company organized under chapter 322B, the chief manager or treasurer.

Sec. 4. Minnesota Statutes 1994, section 115D.05, is amended to read:

115D.05 [POLLUTION PREVENTION GRANTS.]

Subdivision 1. [PURPOSE.] The director may make grants to study or demonstrate the feasibility of applying specific technologies and methods to prevent develop or implement pollution prevention projects or practices.

Subd. 2. [ELIGIBILITY.] (a) Eligible recipients may receive grants under this section.

(b) Grants may be awarded up to a maximum of two-thirds three-quarters of the total cost of the project. Grant money awarded under this section may not be spent for capital improvements or equipment.

Subd. 3. [PROCEDURE FOR AWARDING GRANTS.] (a) In determining whether to award a grant, the director shall consider at least the following:

(1) the potential of the project to prevent pollution;

(2) the likelihood that the project will develop techniques or processes that will minimize the transfer of pollution from one environmental medium to another;

(3) the extent to which information to be developed through the project will be applicable and disseminated to other persons in the state; and

(4) the willingness of the grant applicant to implement feasible methods and technologies developed under the grant;

(5) the willingness of the grant applicant to assist the director in disseminating information about the pollution prevention methods to be developed through the project; and

(6) the extent to which the project will conform to the pollution prevention policy established in section 115D.02.

(b) The director shall adopt rules to administer the grant program and may administer the grant program in conjunction with the grant program established under section 115A.55, subdivision 3. Prior to completion of any new rulemaking, the director may administer the program under the procedures established in rules promulgated under section 115A.154.

Section 1. Minnesota Statutes 1994, section 115D.07, subdivision 1, is amended to read:

Subdivision 1. [REQUIREMENT TO PREPARE AND MAINTAIN A PLAN.] (a) Persons who operate a facility required by United States Code, title 42, section 11023, or section 299K.08, subdivision 3, to submit a toxic chemical

release form shall prepare a toxic pollution prevention plan for that facility. A facility that is required to submit a toxic chemical release form but does not release a toxic chemical is exempt from the requirements of this subdivision. The plan must contain the information listed in subdivision 2.

(b) Except as provided in paragraphs (d) and (e), for facilities that release a total of 10,000 pounds or more of toxic pollutants annually, the plan must be completed as follows:

(1) on or before July 1, 1991, for facilities having a two-digit standard industrial classification of 35 to 39;

(2) by January 1, 1992, for facilities having a two-digit standard industrial classification of 28 to 34; and

(3) by July 1, 1992, for all other persons required to prepare a plan under this subdivision.

(c) Except as provided in paragraphs (d) and (e), facilities that release less than a total of 10,000 pounds of toxic pollutants annually must complete their plans by July 1, 1992.

(d) For the following facilities, the plan must be completed as follows:

(1) by January 1, 1995, for facilities required to report under section 299K.08, subdivision 3, that have a two-digit standard industrial classification of 01 to 50; and

(2) by July 1, 1995 January 1, 1996, for facilities required to report under section 299K.08, subdivision 3, that have a two-digit standard industrial classification of 51 to 99.

(e) For facilities that become subject to this subdivision after July 1, 1993, the plan must be completed by six months after the first submittal for the facility under United States Code, title 42, section 11023, or section 299K.08, subdivision 3.

(f) Each plan must be updated every two years by January 1 of every even-numbered year and must be maintained at the facility to which it pertains.

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

Subd. 2. [CONTENTS OF PLAN.] (a) Each toxic pollution prevention plan must establish a program identifying the specific technically and economically practicable steps that could be taken during at least the three years following the date the plan is due, to eliminate or reduce the generation or release of toxic pollutants reported by the facility. Toxic pollutants resulting solely from research and development activities need not be included in the plan.

(b) At a minimum, each plan must include:

(1) a policy statement articulating upper management support for eliminating or reducing the generation or release of toxic pollutants at the facility;

(2) a description of the current processes generating or releasing toxic pollutants that specifically describes the types, sources, and quantities of toxic pollutants currently being generated or released by the facility;

(3) a description of the current and past practices used to eliminate or reduce the generation or release of toxic pollutants at the facility and an evaluation of the effectiveness of these practices;

(4) an assessment of technically and economically practicable options available to eliminate or reduce the generation or release of toxic pollutants at the facility, including options such as changing the raw materials, operating techniques, equipment and technology, personnel training, and other practices used at the facility. The assessment may include a cost benefit analysis of the available options;

(5) a statement of objectives based on the assessment in clause (4) and a schedule for achieving those objectives. Wherever technically and economically practicable, the objectives for eliminating or reducing the generation or release of each toxic pollutant at the facility must be expressed in numeric terms based on a specified base year that is no earlier than 1987. Otherwise, the objectives must include a clearly stated list of actions designed to lead to the establishment of numeric objectives as soon as practicable;

(6) an explanation of the rationale for each objective established for the facility;

(7) a listing of options that were considered not to be economically and technically practicable; and

(8) a certification, signed and dated by the facility manager and an officer of the company under penalty of section 609.63, attesting to the accuracy of the information in the plan.

Sec. 3. Minnesota Statutes 1994, section 115D.08, subdivision 1, is amended to read:

Subdivision 1. [REQUIREMENT TO SUBMIT PROGRESS REPORT.] (a) All persons required to prepare a toxic pollution prevention plan under section 115D.07 shall submit an annual progress report to the commissioner that may be drafted in a manner that does not disclose proprietary information. Progress reports are due on October 1 of each year. The first progress reports are due in 1992.

(b) At a minimum, each progress report must include:

(1) a summary of each objective established in the plan, including the base year for any objective stated in numeric terms, and the schedule for meeting the each objective;

(2) a summary of progress made during the past year, if any, toward meeting each objective established in the plan including the quantity of each toxic pollutant eliminated or reduced;

(3) a statement of the methods through which elimination or reduction has been achieved;

(4) if necessary, an explanation of the reasons objectives were not achieved during the previous year, including identification of any technological, economic, or other impediments the facility faced in its efforts to achieve its objectives; and

(5) a certification, signed and dated by the facility manager and an officer of the company under penalty of section 609.63, attesting that a plan meeting the requirements of section 115D.07 has been prepared and also attesting to the accuracy of the information in the progress report.

Sec. 4. Minnesota Statutes 1994, section 115D.10, is amended to read:

115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.]

The director, in cooperation with the commissioner and commission, shall report to the environment and natural resources committees of the legislature and the legislative commission on waste management on progress being made in achieving the objectives of sections 115D.01 to 115D.12. The report must be submitted by February 1 of each even-numbered year.

Section 1. 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 establishing the amounts and methods of collection of any permit fees collected under this subdivision. The fee schedule must reflect reasonable and routine permitting, implementation, and enforcement costs. 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, subdivision 1 16A.1285, subdivision 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 subchapter V of the federal Clean Air Act Amendments of

1990, Public Law Number 101-549, Statutes at Large, volume 104, pages 2399, United States Code, title 42, section 7401 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 subchapter V of the federal Clean Air Act Amendments of 1990, Public Law Number 101-549, Statutes at Large, volume 104, pages 2399, United States Code, title 42, section 7401 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, (2) 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) (1) that is regulated under Minnesota Rules, this chapter 7005, or for which a state primary ambient air quality standard has been adopted or rules adopted under it for the prevention, abatement, or control of air pollution.

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.

Section 1. [116.991] [SMALL BUSINESS ENVIRONMENTAL LOAN PROGRAM.]

Subdivision 1. [ESTABLISHMENT.] A small business environmental revolving loan program is established to be administered by the commissioner for providing loans to small businesses for purposes of complying with the Clean Air Act, United States Code, title 42, section 7401, et seq.

Subd. 2. [RULES.] (a) The commissioner may adopt rules regarding practices and procedures including, but not limited to:

(1) content of loan application;

(2) procedure for processing loan application;

(3) terms for loans and repayment; and

(4) criteria for eligibility.

(b) The commissioner may adopt emergency rules under this subdivision until July 1, 1997.

Subd. 3. [ELIGIBLE BORROWER.] To be eligible for a loan under this section, a borrower must:

(1) be subject to Clean Air Act requirements;

(2) need to make a process change or equipment purchase to comply with the Clean Air Act;

(3) be the owner or operator of a small business;

(4) have less than 50 full-time employees;

(5) have an after-tax profit of less than $500,000; and

(6) have a net worth of less than $1,000,000.

Subd. 4. [LOAN APPLICATION PROCEDURE.] An eligible borrower may apply for a loan after the commissioner determines the business to be subject to Clean Air Act requirements and approves the process change or equipment needed to achieve compliance. Loans will be awarded to eligible borrowers in the order that applications are received by the agency.

Subd. 5. [LIMITATION ON LOAN OBLIGATION.] A loan made under this section is limited to the money available in the small business environmental loan account.

Subd. 6. [LOAN CONDITIONS.] A loan made under this section must include:

(1) an interest rate that is the lesser of four percent or 50 percent of prime rate;

(2) a term of payment of not more than seven years; and

(3) an amount not less than $1,000 or more than $50,000.

Sec. 2. [116.992] [SMALL BUSINESS ENVIRONMENTAL LOAN ACCOUNT.]

The small business environmental loan account is established in the environmental fund. Loan repayments must be credited to this account.

Section 1. Minnesota Statutes 1994, section 116.96, subdivision 5, is amended to read:

Subd. 5. [REGULATED POLLUTANT.] "Regulated pollutant" means:

(1) a volatile organic compound that participates in atmospheric photochemical reactions;

(2) a pollutant for which a national ambient air quality standard has been promulgated;

(3) a pollutant that is addressed by a standard promulgated under section 7411 or 7412 of the Clean Air Act; or

(4) any pollutant that is regulated under Minnesota Rules, this chapter 7005, or for which a state ambient air quality standard has been adopted or rules adopted under it for the prevention, abatement, or control of air pollution.

Sec. 2. Minnesota Statutes 1994, section 116C.69, subdivision 3, is amended to read:

Subd. 3. [FUNDING; ASSESSMENT.] The board shall finance its base line studies, general environmental studies, development of criteria, inventory preparation, monitoring of conditions placed on site certificates and construction permits, and all other work, other than specific site and route designation, from an assessment made quarterly, at least 30 days before the start of each quarter, by the board against all utilities with annual retail kilowatt-hour sales greater than 4,000,000 kilowatt-hours in the previous calendar year.

Until June 30, 1992, the assessment shall also include an amount sufficient to cover 60 percent of the costs to the pollution control agency of achieving, maintaining, and monitoring compliance with the acid deposition control standard adopted under sections 116.42 to 116.45, reprinting informational booklets on acid rain, and costs for additional research on the impacts of acid deposition on sensitive areas published under section 116.44, subdivision 1. The commissioner of the pollution control agency must prepare a work plan and budget and submit them annually by June 30 to the pollution control agency board. The agency board must take public testimony on the budget and work plan. After the agency board approves the work plan and budget they must be submitted annually to the legislative water commission for review and recommendation before an assessment is levied. Each share shall be determined as follows: (1) the ratio that the annual retail kilowatt-hour sales in the state of each utility bears to the annual total retail kilowatt-hour sales in the state of all these utilities, multiplied by 0.667, plus (2) the ratio that the annual gross revenue from retail kilowatt-hour sales in the state of each utility bears to the annual total gross revenues from retail kilowatt-hour sales in the state of all these utilities, multiplied by 0.333, as determined by the board. The assessment shall be credited to the special revenue fund and shall be paid to the state treasury within 30 days after receipt of the bill, which shall constitute notice of said assessment and demand of payment thereof. The total amount which may be assessed to the several utilities under authority of this subdivision shall not exceed the sum of the annual budget of the board for carrying out the purposes of this subdivision plus 60 percent of the annual budget of the pollution control agency for achieving, maintaining, and monitoring compliance with the acid deposition control standard adopted under sections 116.42 to 116.45, for reprinting informational booklets on acid rain, and for costs for additional research on the impacts of acid deposition on sensitive areas published under section 116.44, subdivision 1. The assessment for the second quarter of each fiscal year shall be adjusted to compensate for the amount by which actual expenditures by the board and the pollution control agency for the preceding fiscal year were more or less than the estimated expenditures previously assessed.

Sec. 3. [144.405] [HEALTH RISK VALUES.]

Subdivision 1. [PROCEDURE.] (a) For chemicals where scientific data show potential adverse health effects resulting from exposure, the commissioner of health shall promulgate health risk values under subdivision 2 for substances emitted into ambient air.

(b) Health risk values shall be determined by one of the methods in paragraph (c) or (d) depending on the substance's toxicological end point.

(c) For systemic toxicants that are not carcinogens, the adopted health risk values shall be derived using United States Environmental Protection Agency risk assessment methods; and using toxicological data determined by the commissioner to have undergone thorough scientific review.

(d) For toxicants that are known or probable carcinogens, the adopted health risk values shall be derived from a quantitative estimate of the chemical's carcinogenic potency and determined by the commissioner to have undergone thorough scientific review.

Subd. 2. [RULES.] (a) Health risk values shall be adopted by rule under chapter 14.

(b) If the commissioner determines that emergency conditions exist, the commissioner shall promulgate the adopted health risk limits notwithstanding chapter 14 through publication in the State Register but the health risk values adopted under this paragraph are effective for only one year.

Subd. 3. [REVIEW AND REVISION.] (a) The commissioner shall review each adopted health risk value at least every four years.

(b) The commissioner may revise health risk values under subdivision 2.

Sec. 4. Minnesota Statutes 1994, section 325E.0951, subdivision 5, is amended to read:

Subd. 5. [RULES SUPERSEDED.] This section supersedes Minnesota Rules, part 7005.1190 7023.0120, to the extent the rule is inconsistent with this section.

Sec. 5. [APPROPRIATION.]

(a) Up to $200,000 in fiscal year 1996 and $200,000 in fiscal year 1997 shall be transferred from the pollution control agency's air quality appropriation to the small business revolving loan account.

(b) $................ is appropriated from the environmental fund to the commissioner of the pollution control agency for the biennium to implement the statewide air toxics monitoring program under section 116.454.

Sec. 6. [REPEALER.]

Minnesota Statutes 1994, section 115A.165, is repealed."

Delete the title and insert:

"A bill for an act relating to the environment; modifying the toxic pollution prevention act; regulating air pollution fees; providing for certain environmental loans; providing for other environmental rules; appropriating money; amending Minnesota Statutes 1994, sections 115A.55, subdivision 3; 115D.03, subdivision 5, and by adding a subdivision; 115D.05; 115D.07, subdivisions 1 and 2; 115D.08, subdivision 1; 115D.10; 116.07, subdivision 4d; 116.96, subdivision 5; 116C.69, subdivision 3; and 325E.0951, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 116; and 144; repealing Minnesota Statutes 1994, section 115A.165."

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. 868, A bill for an act relating to education; providing for a report on child assessment and case management procedures used by the education and human services systems.

Reported the same back with the 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. 1035, A bill for an act relating to human services; defining interpretive guidelines; changing licensing requirements and reconsideration for foster care; assessing fines; adding provisions for drop-in child care programs; changing a definition; adding provisions for the Minnesota family preservation act; amending Minnesota Statutes 1994, sections 14.03, subdivision 3; 245A.02, by adding a subdivision; 245A.03, subdivision 2a; 245A.04, subdivisions 3, 3b, 7, and 9; 245A.06, subdivision 2, and by adding a subdivision; 245A.07, subdivision 3; 245A.09, by adding subdivisions; 245A.14, subdivision 6; 256.12, subdivision 14; 256.8711; 256F.01; 256F.02; 256F.03, subdivision 5, and by adding a subdivision; 256F.04, subdivisions 1 and 2; 256F.05, subdivisions 2, 3, 4, 5, 7, 8, and by adding a subdivision; 256F.06, subdivisions 1, 2, and 4; and 364.09; proposing coding for new law in Minnesota Statutes, chapter 245A; repealing Minnesota Statutes 1994, sections 253B.22; 256F.05, subdivisions 2a and 4a; and 256F.06, subdivision 3.

Reported the same back with the following amendments:

Page 3, line 2, after "a" insert "grandparent, to the extent permissible under federal law," and after "parent" insert a comma

Page 3, line 33, after "(1)," insert "whenever possible, prior to placing the child in the relative's home, but no later than" and delete "within" and delete "of" and insert "after"

Page 4, line 22, after "(3)" insert "whenever possible, prior to placing the child in the relative's home,"

Page 5, line 21, before "Denial" insert "If the commissioner denies an application for an emergency foster care license under this section, that denial must be in writing and must include reasons for the denial."

Page 5, line 29, after "review" insert "in written form"

Page 6, line 32, delete "an adjudication" and insert "a finding that a delinquency petition is proven"

Page 15, after line 3, insert:

"Sec. 10. Minnesota Statutes 1994, section 245A.06, subdivision 4, is amended to read:

Subd. 4. [NOTICE OF FINE; APPEAL.] A license holder who is ordered to pay a fine must be notified of the order by certified mail. The notice must be mailed to the address shown on the application or the last known address of the license holder. The notice must state the reasons the fine was ordered and must inform the license holder of the responsibility for payment of fines in subdivision 7 and the right to a contested case hearing under chapter 14. The license holder may appeal the order to forfeit a fine by notifying the commissioner by certified mail within 15 calendar days after receiving the order. A timely appeal shall stay forfeiture of the fine until the commissioner issues a final order under section 245A.08, subdivision 5."

Page 15, line 6, delete "(a)"

Page 15, line 8, after "by" insert "closing," and after "selling" insert a comma

Page 15, line 9, delete everything after the period

Page 15, delete lines 10 to 13

Page 15, line 14, delete everything before "In"

Page 20, after line 33, insert:

"Sec. 21. Minnesota Statutes 1994, section 256.82, is amended by adding a subdivision to read:

Subd. 5. [PRIVATE AGENCY CONTRACTS.] Notwithstanding any other provision of this section, rates for contracted foster care services to licensed child care placing agencies are a matter of contract between the licensed child care placing agency and the local service agency. The foster care difficulty of care laws and administrative rules do not apply, unless the parties to a contract for foster care services mutually agree to use them."

Page 21, line 15, after "services" insert "or five emergency assistance placement services"

Page 25, line 28, strike "may" and insert "shall, at the request of a county,"

Page 25, line 34, after "limits" insert "or other levy restrictions"

Page 26, line 6, strike "or"

Page 26, line 7, after "termination" insert "or reduction"

Page 26, line 8, before the period, insert "; or

(5) other changes in state law that significantly impact the receipt or distribution of state and federal funding"

Page 27, after line 29, insert:

"Sec. 23. Minnesota Statutes 1994, section 256D.02, subdivision 5, is amended to read:

Subd. 5. "Family" means the applicant or recipient and the following persons who reside with the applicant or recipient:

(1) the applicant's spouse;

(2) any minor child of whom the applicant is a parent, stepparent, or legal custodian, and that child's minor siblings, including half-siblings and stepsiblings;

(3) the other parent of the applicant's minor child or children together with that parent's minor children, and, if that parent is a minor, his or her parents, stepparents, legal guardians, and minor siblings; and

(4) if the applicant or recipient is a minor, the minor's parents, stepparents, or legal guardians, and any other minor children for whom those parents, stepparents, or legal guardians are financially responsible.

For the period July 1, 1993 to June 30, 1995, A minor child who is temporarily absent from the applicant's or recipient's home due to placement in foster care paid for from state or local funds, but who is expected to return within six months of the month of departure, is considered to be residing with the applicant or recipient.

A "family" must contain at least one minor child and at least one of that child's natural or adoptive parents, stepparents, or legal custodians."

Page 35, line 17, delete "may" and insert "shall, at the request of the counties,"

Pages 36 to 37, delete section 37 and insert:

"Sec. 40. Minnesota Statutes 1994, section 257.3571, subdivision 1, is amended to read:

Subdivision 1. [PRIMARY SUPPORT GRANTS.] The commissioner shall establish direct grants to Indian tribes and, Indian organizations, and tribal social service agency programs located off-reservation that serve Indian children and their families to provide primary support for Indian child welfare programs to implement the Indian family preservation act.

Sec. 41. Minnesota Statutes 1994, section 257.3572, is amended to read:

257.3572 [GRANT APPLICATIONS.]

A tribe or, Indian organization, or tribal social service agency program located off-reservation may apply for primary support grants under section 257.3571, subdivision 1. A local social service agency, tribe, Indian organization, or other social service organization may apply for special focus grants under section 257.3571, subdivision 2. Civil legal service organizations eligible for grants under section 257.3571, subdivision 2a, may apply for grants under that section. Application may be made alone or in combination with other tribes or Indian organizations.

Sec. 42. Minnesota Statutes 1994, section 257.3577, subdivision 1, is amended to read:

Subdivision 1. [PRIMARY SUPPORT GRANTS.] (a) The amount available for grants established under section 257.3571, subdivision 1, to tribes and, Indian organization grants organizations, and tribal social service agency programs located off-reservation is four-fifths of the total annual appropriation for Indian child welfare grants.

(b) The commissioner shall award tribes at least 70 percent of the amount set in paragraph (a) for primary support grants. Each tribe shall be awarded a base amount of five percent of the total amount set in this paragraph. In addition, each tribe shall be allocated a proportion of the balance of the amount set in this paragraph, less the total base amounts for all reservations. This proportion must equal the ratio of the tribe's on-reservation population to the state's total on-reservation population. Population data must be based on the most recent federal census data according to the state demographer's office.

(c) The commissioner shall award Indian organizations and tribal social service agency programs located off-reservation that serve Indian children and families up to 30 percent of the amount set in paragraph (a) for primary support grants. A maximum of four multiservice Indian organizations and tribal social service agency programs located off-reservation may be awarded grants under this paragraph. "Multiservice Indian organizations" means Indian organizations recognized by the Indian community as providing a broad continuum of social, educational, or cultural services, including Indian child welfare services designed to meet the unique needs of the Indian communities in Minneapolis, St. Paul, and Duluth. Grants may be awarded to programs that submit acceptable proposals, comply with the goals and the application process of the program, and have budgets that reflect appropriate and efficient use of funds. To maintain continuity of service in Indian communities, primary support grants awarded under this paragraph which meet the grant criteria and have demonstrated satisfactory performance as established by the commissioner may be awarded on a noncompetitive basis. The commissioner may revoke or deny funding for Indian organizations or tribal social service agencies failing to meet the grant criteria established by the commissioner, and the commissioner may request new proposals from Indian organizations or tribal social service agencies to the extent that funding is available."

Page 37, line 13, delete "253B.22;"

Page 37, line 16, delete "19" and insert "20"

Page 37, line 18, delete "20" and insert "22"

Page 37, line 19, delete "21 to 35" and insert "24 to 38"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 11, delete "subdivision 2" and insert "subdivisions 2, 4,"

Page 1, line 13, after the second semicolon, insert "256.82, by adding a subdivision;"

Page 1, line 14, after the first semicolon, insert "256D.02, subdivision 5;"

Page 1, line 18, delete "and 364.09" and insert "257.3571, subdivision 1; 257.3572; and 257.3577, subdivision 1"

Page 1, line 20, delete "253B.22;"

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

The report was adopted.

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

H. F. No. 1047, A bill for an act relating to the environment; extending the notification requirements for landfarming contaminated soil to unorganized townships; requiring that notice must be filed with the county recorder when a permit is issued to landfarm contaminated soil; amending Minnesota Statutes 1994, section 116.07, subdivision 11.

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

The report was adopted.

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

H. F. No. 1050, A bill for an act relating to commerce; rental-purchase agreements; regulating the cost of lease services; providing for the application of certain other law; amending Minnesota Statutes 1994, sections 325F.84, by adding a subdivision; 325F.85; and 325F.91, by adding a subdivision.

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 1061, A bill for an act relating to telecommunications; mandating that public and private schools be included as eligible system recipients and users of the STARS program; amending Minnesota Statutes 1994, section 16B.465.

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

The report was adopted.

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

H. F. No. 1064, A bill for an act relating to public safety; requiring installation of automatic sprinkler systems in certain existing high-rise buildings; proposing coding for new law in Minnesota Statutes, chapter 299F.

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

The report was adopted.

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

H. F. No. 1178, A bill for an act relating to insurance; no-fault auto; regulating rental vehicle coverages; determining when a vehicle is rented; modifying the right to compensation for loss of use of a damaged rented motor vehicle; providing for limits of liability for motor vehicle lessors; amending Minnesota Statutes 1994, section 65B.49, subdivision 5a.

Reported the same back with the following amendments:

Page 4, line 1, after the stricken language insert "Compensation for the loss of use of a damaged rented motor vehicle is limited to a period no longer than 14 days."

Page 4, line 2, before "Notwithstanding" insert "(i)"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1227, A bill for an act relating to local government; providing civil and criminal immunity to persons who operate or use ranges; protecting ranges from planning and zoning laws and ordinances; limiting closings of ranges and providing for relocation costs; proposing coding for new law in Minnesota Statutes, chapter 500; proposing coding for new law as Minnesota Statutes, chapter 87A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [POLICY.]

It is the policy of this state to provide for the health, safety, and welfare of its citizens by promoting the safety and enjoyment of shooting sports among its citizens and by protecting the locations of shooting ranges for shotgun, archery, rifle, and pistol shooting.

Sec. 2. [87A.01] [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] The definitions in this section apply to sections 87A.01 to 87A.04.

Subd. 2. [ESTABLISHED SHOOTING RANGE.] "Established shooting range" means a shooting range in existence on the effective date of this act.

Subd. 3. [PERSON.] "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity.

Subd. 4. [SHOOTING RANGE OR RANGE.] "Shooting range" or "range" means an area or facility designed and operated for the use of firearms or archery.

Subd. 5. [GENERALLY ACCEPTED OPERATION PRACTICES.] "Generally accepted operation practices" means those practices adopted by emergency and permanent rules of the commissioner of natural resources for shooting ranges. In developing the practices, the commissioner shall consider all information reasonably available regarding the safe operation of shooting ranges, including practices established by a nationally recognized nonprofit membership organization that provides voluntary firearm safety programs that include training individuals in the safe handling and use of firearms, which practices are developed with consideration of all information reasonably available regarding the operation of shooting ranges. The generally accepted operation practices shall be reviewed at least every five years by the commissioner of natural resources and revised as the commissioner considers necessary. The commissioner shall adopt rules required by this section by January 1, 1996.

Subd. 6. [UNIT OF GOVERNMENT.] "Unit of government" means a home rule charter or statutory city including a city of the first class, county, town, township, municipal corporation, or other governmental subdivision, or any of their instrumentalities.

Sec. 3. [87A.02] [CIVIL AND CRIMINAL IMMUNITY.]

Subdivision 1. [LIMITS ON CIVIL AND CRIMINAL ACTIONS.] Notwithstanding any other provision of law, and in addition to other protections provided in sections 87A.01 to 87A.04, a person who owns or operates or uses a shooting range that conforms to generally accepted operation practices in this state is not subject to civil liability or criminal prosecution in any matter relating to nuisance, noise, or noise pollution, resulting from the operation or use of the range if the range is in compliance with laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.

Subd. 2. [LIMITS ON INJUNCTIONS OR RESTRAINING ORDERS.] In addition to other protections provided in sections 87A.01 to 87A.04, a person who owns, operates, or uses a shooting range that conforms to generally accepted operation practices is not subject to an action for nuisance, and a court of the state shall not enjoin or restrain the use or operation of a range on the basis of nuisance, noise, or noise pollution, if the range is in compliance with laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.

Sec. 4. [87A.03] [LOCAL ORDINANCE PROTECTION; EXISTING OPERATIONS.]

(a) A shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance must be permitted to continue in operation even if the operation of the shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance.

(b) A shooting range that operates in compliance with generally accepted operation practices, even if not in compliance with an ordinance of a local unit of government, must be permitted to do all of the following within its preexisting geographic boundaries if in compliance with generally accepted operation practices:

(1) repair, remodel, or reinforce any conforming or nonconforming building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or structure;

(2) reconstruct, repair, restore, remodel, or resume the use of a nonconforming building damaged by fire, collapse, explosion, act of God, or act of war occurring after the effective date of this section; and

(3) do anything authorized under generally accepted operation practices, including:

(i) expand or increase its membership or opportunities for public participation; and

(ii) expand or increase events, facilities, and activities.

Sec. 5. [87A.04] [LIMITS ON CLOSING SHOOTING RANGES; PAYMENT OF CERTAIN COSTS.]

(a) Except as provided in section 87A.03, an established shooting range may not be prevented from operating by any state agency or unit of government unless:

(1) the range presents a clear and proven safety hazard to the adjacent population; or

(2) the range fails to meet the minimum range safety standards contained in generally accepted operation practices adopted by the rules of the commissioner.

(b)(1) If the requirements of paragraph (a), clause (1), are met, an established shooting range may be relocated by an agency or a unit of government if the following conditions are met:

(i) the clear and proven safety hazard is documented through a hearing, testimony, and a clear and precise statement of the hazard by the agency or unit of government;

(ii) the agency or unit of government obtaining the closure pays the full value of the range business as a going concern to the operators and the full value of the land including improvements, to the owner of the land.

(2) Upon final full payment, the range operator and landowners shall relinquish their interest in the property to the agency or unit of government obtaining the closure.

(c) If the requirements of paragraph (a), clause (2), are met, the shooting range operations may be suspended if:

(1) the range operators are given reasonable notice and opportunity to respond; and

(2) the range operators are given a reasonable opportunity to correct safety defects and meet the minimum range safety standards contained in generally accepted operation practices.

(d) If a shooting range is suspended from operation because the requirements of paragraph (a), clause (2), are met and if the shooting range operators are able to obtain a current certificate of reasonable shooting range safety compliance from an organization establishing range safety standards, any order of a state agency, unit of government, or court to suspend the shooting range operation must, upon application by the operators, be reconsidered by the vacating authority, which may then vacate the order.

Sec. 6. [500.31] [SHOOTING RANGE SERVITUDES.]

The following land burden or servitude upon land may be granted and held though not attached to land: The right of using land as a range safety zone or as a noise or pollution abatement zone for a shooting range. For the purposes of this section, "shooting range" is defined as provided in section 87A.01.

Sec. 7. [EFFECTIVE DATE.]

Sections 1 to 6 are effective the day following final enactment."

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

The report was adopted.

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

H. F. No. 1237, A bill for an act relating to the city of Duluth; modifying the area in which a special service district may be created; amending Laws 1993, chapter 375, article 5, section 40, subdivision 3.

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

The report was adopted.

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

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

Reported the same back with the following amendments:

Page 6, line 16, after "feet" insert "; or 20 cents per gasoline equivalent, as defined by the National Conference on Weights and Measures, which is 5.66 pounds of natural gas"

Page 6, delete lines 21 to 35 and insert:

"Subd. 10. [CREDIT; REFUNDS.] (a) A purchaser of an alternative fuel vehicle permit under subdivisions 1 to 9, prior to July 1, 1995, shall receive a credit for the unused portion of the permit fee. The amount of the credit shall be equal to the original permit fee and prorated to the number of months from July 1, 1995, until the expiration date of the permit. The credit shall reduce the amount of the vehicle's annual motor vehicle registration tax as calculated under section 168.013. The credit shall be applied to the first motor vehicle registration tax payable after July 1, 1995.

(b) If the amount of the credit calculated under paragraph (a) exceeds the amount of motor vehicle registration tax due, the registrar shall pay to the vehicle owner a cash refund equal to the difference between the motor vehicle registration tax and the credit due."

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1377, A bill for an act relating to agriculture; clarifying certain procedures for agricultural chemical response reimbursement; amending Minnesota Statutes 1994, sections 18E.02, by adding subdivisions; and 18E.04, subdivisions 2 and 4.

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.

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

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.

Reported the same back with the following amendments:

Pages 1 to 4, delete sections 1 to 4 and insert:

"Section 1. Minnesota Statutes 1994, section 115B.178, subdivision 1, is amended to read:

Subdivision 1. [DETERMINATION.] (a) The commissioner may issue determinations that certain actions proposed to be taken at real property subject to a release or threatened release of a hazardous substance or pollutant or contaminant will not constitute conduct associating the person with the release or threatened release for the purpose of section 115B.03, subdivision 3, clause (d). Proposed actions that may be covered by a determination under this section include response actions approved by the commissioner to address the release or threatened release, actions to improve or develop the real property, loans secured by the real property, or other similar actions. A determination may be subject to terms and conditions deemed reasonable by the commissioner. When a person takes actions in accordance with a determination issued under this subdivision, the actions do not associate the person with the release for the purpose of section 115B.03, subdivision 3, clause (d).

(b) If a person requesting a determination proposes to take response actions at real property, the commissioner may also issue a determination under paragraph (a) that certain actions taken in the past at the real property did not constitute conduct associating the person with the release or threatened release for purposes of section 115B.03, subdivision 3, clause (d). For the purpose of obtaining a determination under this paragraph, the proposed response actions must consist of, at a minimum, an investigation approved by the commissioner which identifies the nature and extent of the release or threatened release. Any such determination shall be limited to the represented facts of the past actions and shall not apply to actions that are not represented or disclosed. The determination may be subject to such other terms and conditions as the commissioner deems reasonable."

Page 6, line 4, delete "8 to 12" and insert "5 to 9"

Page 6, line 5, delete "facilities" and insert "regulated entities"

Page 6, line 7, delete "8" and insert "5"

Page 6, line 13, after "self-evaluation" insert "of a facility owned or operated by the regulated entity"

Page 6, line 14, delete ", prepare a pollution prevention" and insert "subject to Minnesota Statutes, chapter 115D, be in compliance with the requirements of Minnesota Statutes, chapter 115D;"

Page 6, delete lines 15 and 16 and insert:

"(3) for a major facility not subject to Minnesota Statutes, chapter 115D, prepare a pollution prevention plan that meets the requirements of Minnesota Statutes, section 115D.07;"

Page 6, line 17, delete "(3)" and insert "(4)"

Page 6, line 20, delete "(4)" and insert "(5)"

Page 6, line 28, after "the" insert "applicable"

Page 7, line 11, delete "8" and insert "5" and delete "names of" and insert "name of the owner or operator of the facility, the location of the facility"

Page 7, line 12, delete "participating facilities"

Page 7, line 17, delete "8" and insert "5"

Page 8, lines 6, 14, and 36, delete "8" and insert "5"

Page 8, line 9, delete "10" and insert "7"

Page 8, line 11, after "the" insert "owner or operator of the"

Page 9, line 32, delete "facility" and insert "regulated entity"

Page 9, line 34, delete "8" and insert "5"

Page 10, lines 1 and 15, delete "8" and insert "5"

Page 10, delete lines 10 and 11 and insert "A regulated entity may not display the emblem at a facility that is subject to an enforcement action under section 8, subdivision 3."

Page 10, line 17, delete "17" and insert "24"

Page 10, line 25, delete "5 to 14" and insert "2 to 11"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Page 1, delete line 11

Page 1, line 12, delete "subdivision; and" and insert "section"

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

The report was adopted.

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

H. F. No. 1566, A bill for an act relating to the city of Minneapolis; authorizing the city to establish special service districts within the city; amending Laws 1985, chapter 302, section 2, subdivision 1, as amended.

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

The report was adopted.

H. F. Nos. 96, 337, 453, 612, 694, 751, 787, 868, 1047, 1050 and 1178 were read for the second time.

The following House Files were introduced:

Wejcman, Lourey, Dauner, Entenza and Rhodes introduced:

H. F. No. 1655, A bill for an act relating to homeless youth; providing for transitional housing; appropriating money; amending Minnesota Statutes 1994, section 256E.115.

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

Dawkins and McGuire introduced:

H. F. No. 1656, A bill for an act relating to taxation; restructuring certain aids paid to cities and counties; creating a property tax reform commission; amending Minnesota Statutes 1994, sections 273.1398, subdivision 2; 477A.011, by adding subdivisions; 477A.012, by adding a subdivision; 477A.0121, subdivision 4; 477A.013, by adding subdivisions; and 477A.03, subdivision 1; repealing Minnesota Statutes 1994, sections 477A.013, subdivisions 8 and 9; and 477A.03, subdivision 2.

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

Tunheim; Finseth; Jennings; Johnson, R., and Olson, E., introduced:

H. F. No. 1657, A bill for an act relating to natural resources; clarifying enforcement powers of conservation officers; establishing procedures for confiscation and sale of property; amending Minnesota Statutes 1994, sections 97A.205; 97A.215, subdivision 1; and 97A.221, subdivision 1, and by adding subdivisions.

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

McGuire introduced:

H. F. No. 1658, A bill for an act relating to retirement; providing early retirement benefits to a certain retired Minneapolis teacher.

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

Skoglund introduced:

H. F. No. 1659, A bill for an act relating to drivers' licenses; requiring that drivers' records pertaining to alcohol-related offenses be retained permanently; amending Minnesota Statutes 1994, section 171.12, subdivision 3.

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

Davids and Tomassoni introduced:

H. F. No. 1660, A bill for an act relating to insurance; life or health; prohibiting certain insurance agent quotas; proposing coding for new law in Minnesota Statutes, chapter 60A.

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

Clark, Munger, Trimble and Wejcman introduced:

H. F. No. 1661, A bill for an act relating to the environment; requiring a study of environmental justice; appropriating money.

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

Jennings, Greenfield, Lourey and Rostberg introduced:

H. F. No. 1662, A bill for an act relating to services for persons with developmental disabilities; establishing an integrated network of campus and community services in the catchment area served by the Cambridge regional human services center; requiring a redevelopment plan; authorizing sale of state property; reallocating bond proceeds; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 16B; and 252.

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

Lynch, Davids, Milbert and Workman introduced:

H. F. No. 1663, 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.

Onnen introduced:

H. F. No. 1664, A bill for an act relating to health; modifying provisions relating to nursing home moratorium exceptions to provide for the transfer of 16 nursing home beds from a previously approved moratorium exception project in Minneapolis to Watertown; amending Minnesota Statutes 1994, section 144A.071, subdivision 4a.

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

McGuire, Skoglund and Macklin introduced:

H. F. No. 1665, A bill for an act relating to juveniles; prescribing treatment of certain information on juveniles by schools; amending Minnesota Statutes 1994, sections 13.32, subdivision 7; and 260.161, subdivision 1b.

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

Bertram, Huntley and Kahn introduced:

H. F. No. 1666, A bill for an act relating to occupations and professions; requiring licensure or certification of geoscientists; adding geoscientists to the board of architecture, engineering, land surveying, landscape architecture, and interior design; providing for certain duties for the board; amending Minnesota Statutes 1994, sections 214.01, subdivision 3; 214.04, subdivision 3; 319A.02, subdivision 2; 326.02, subdivisions 1, 4, 4a, and by adding a subdivision; 326.03, subdivisions 1 and 4; 326.04; 326.05; 326.06; 326.07; 326.08, subdivision 2; 326.09; 326.10, subdivisions 1, 2, and 7; 326.11, subdivision 1; 326.111, subdivisions 1, 2, 3, 4, and 6; 326.12; 326.13; and 326.14.

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

Greiling and Koppendrayer introduced:

H. F. No. 1667, A bill for an act relating to education; establishing an annual statewide achievement report; establishing average student achievement standards; adjusting school district net tax capacities; reducing school district referendum allowances; providing for school district discretionary revenue; establishing income-based referendum authority; establishing market value referendum levies; modifying provisions for training and experience revenue; modifying learning and development revenue use; modifying staff development and parental involvement revenue; establishing a state education tax base and levy; modifying core instructional aid; defining support services; modifying local revenue; establishing vocational and applied learning programs; establishing an educational performance improvement grant program; providing for a school referendum income tax; providing for reductions in certain aids to local governments; establishing a youth employer grant program; requiring reports; appropriating money; amending Minnesota Statutes 1994, sections 121.11, subdivision 7c, and by adding a subdivision; 124.2131, subdivision 1; 124A.02, subdivision 3a; 124A.03, subdivisions 2, 3b, and by adding subdivisions; 124A.032; 124A.04, subdivision 2; 124A.225, subdivision 4; 124A.29, subdivision 1; 124A.697; 124A.698; 124A.70, subdivisions 2 and 5; 124A.711, subdivisions 1 and 2; 124A.72; 275.08, subdivision 1b; 290A.04, subdivision 2h; 473F.02, subdivision 5; 477A.013, subdivision 1; and 477A.0132, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 124A; 124C; 126B; 290; and 473F; repealing Minnesota Statutes 1994, sections 124A.70, subdivision 5; and 124A.71; Laws 1993, chapter 224, article 15, section 3, as amended.

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

Dawkins; Ness; Weaver; Johnson, A., and Entenza introduced:

H. F. No. 1668, A bill for an act relating to education; modifying the youth works grant program; establishing a statewide education and employment transitions system; establishing the governor's workforce development council; modifying the youth apprenticeship program; establishing local education and employment transitions partnerships; establishing system standards; establishing a youth employer grant program; establishing a career magnet grant program; appropriating money; amending Minnesota Statutes 1994, sections 121.702, by adding a subdivision; 121.705; 121.706; 121.707, subdivisions 4, 6, and 7; 121.708; 121.709; 121.710; 124C.45, subdivision 1; 124C.46, subdivision 2; 124C.48, subdivision 1; 126B.01; 126B.03; 126B.04; and 126B.05; Laws 1993, chapter 146, article 5, section 1, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 126B; repealing Minnesota Statutes 1994, sections 121.702, subdivision 9; 121.703; 126B.02; and 268.9755.

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

Winter, Wenzel and Finseth introduced:

H. F. No. 1669, A bill for an act relating to agricultural economics; providing loans and incentives for agricultural energy resources development for family farms and cooperatives; amending Minnesota Statutes 1994, sections 41B.02, subdivision 19; 41B.046, subdivision 1, and by adding a subdivision; and 216C.41, subdivisions 1, 2, 3, and 4.

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

Bakk; Anderson, I., and Rukavina introduced:

H. F. No. 1670, A bill for an act relating to workers' compensation; repealing the sunset of the targeted industry fund for loggers.

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

Knoblach, Greiling, Koppendrayer, Weaver and Olson, M., introduced:

H. F. No. 1671, A bill for an act relating to gambling; repealing authorization for certain forms of gambling; abolishing the Minnesota racing commission and the Minnesota state lottery and transferring their functions to the commissioner of public safety; declaring legislative findings and intent with respect to gambling on Indian land;

providing penalties; amending Minnesota Statutes 1994, sections 10A.01, subdivision 18; 10A.09, subdivision 1; 16B.54, subdivision 2; 43A.08, subdivision 1a; 245.98, subdivision 4; 290.17, subdivision 2; 299L.02, subdivision 5; 299L.03, subdivisions 1, 2, 4, 5, and 7; 299L.05; 299L.07, subdivision 2a; 340A.410, subdivision 5; 541.20; 541.21; 609.75, subdivisions 3 and 8; 609.755; 609.76, subdivision 1; and 609.761, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 240; and 349A; repealing Minnesota Statutes 1994, sections 3.9221; 240.01; 240.011; 240.02; 240.03; 240.04; 240.05; 240.06; 240.07; 240.08; 240.09; 240.10; 240.11; 240.12; 240.13; 240.14; 240.15; 240.155; 240.16; 240.17; 240.18; 240.19; 240.20; 240.21; 240.22; 240.23; 240.24; 240.25; 240.26; 240.27; 240.28; 240.29; 270B.14, subdivision 7; 290.92, subdivisions 27, 28, and 29; 297A.259; 299L.02, subdivisions 1, 3, and 7; 349.61; 349A.01; 349A.02; 349A.03; 349A.04; 349A.05; 349A.06; 349A.07; 349A.08; 349A.09; 349A.10; 349A.11; 349A.12; 349A.13; 349A.14; 349A.15; 609.651; and 609.761, subdivision 2.

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

Jaros; Huntley; Tunheim; Johnson, R., and Vickerman introduced:

H. F. No. 1672, A bill for an act relating to energy; providing grants to identify energy-efficiency investment opportunities for business; appropriating money.

The bill was read for the first time and referred to the Committee on International Trade and Economic Development.

Wejcman, Rest, Abrams, Jefferson and Garcia introduced:

H. F. No. 1673, A bill for an act relating to taxation; property; allowing county boards to delegate authority to the county auditor for tax-forfeited land administration and property tax abatement; amending Minnesota Statutes 1994, section 375.192, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 282.

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

Tunheim, Kalis, Lieder, Workman and McElroy introduced:

H. F. No. 1674, A bill for an act relating to transportation; abolishing transportation regulation board and transferring regulatory responsibilities for motor carriers and common carriers by rail to department of transportation; making technical changes; amending Minnesota Statutes 1994, sections 15A.081, subdivision 1; 174.02, subdivisions 4, 5, and by adding subdivisions; 174.06, by adding a subdivision; 174.10; 218.041, subdivision 6; and 219.074, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 174; repealing Minnesota Statutes 1994, sections 174A.01; 174A.02; 174A.03; 174A.04; 174A.05; 174A.06; 218.011, subdivision 7; and 218.041, subdivision 7; and Minnesota Rules, part 8850.6900.

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

Osthoff, Marko, Jefferson, Rhodes and Pugh introduced:

H. F. No. 1675, A bill for an act relating to transportation; transferring transit planning, coordination, financing, and operations from the metropolitan council to the department of transportation; providing for light rail transit; making technical changes; appropriating money; amending Minnesota Statutes 1994, sections 16B.58, subdivision 7; 169.781, subdivision 1; 169.791, subdivision 5; 169.792, subdivision 11; 174.06, subdivision 1; 174.21; 174.22, subdivision 1, and by adding subdivisions; 174.23, subdivision 1, and by adding a subdivision; 174.32, subdivision 2; 174.35; 216C.15, subdivision 1; 221.022; 221.025; 221.031, subdivision 3a; 221.041, subdivision 4; 221.071, subdivision 1; 275.066; 296.02, subdivision 1a; 296.025, subdivision 1a; 297A.25, subdivisions 7 and 11; 297B.09, subdivision 1; 352.01, subdivisions 2a and 2b; 352D.02, subdivision 1; 353.64, subdivision 7a; 473.125; 473.146, subdivision 3; 473.446, subdivisions 1, 2, 3, and 8; and 473.553, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 174; repealing Minnesota Statutes 1994, sections 473.121, subdivisions 16, 18, 18a, 19, 20, and 20a; 473.371; 473.375; 473.382; 473.384; 473.385; 473.386; 473.387; 473.388; 473.39; 473.391; 473.392; 473.394; 473.399; 473.3993; 473.3994; 473.3997; 473.3998; 473.405; 473.4051; 473.407; 473.408; 473.409; 473.411; 473.415; 473.416; 473.418; 473.42; 473.436; 473.446, subdivision 1a; and 473.449.

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

Pugh and Skoglund introduced:

H. F. No. 1676, A bill for an act relating to crime; recodifying and clarifying portions of the assault in the fifth degree statute which concern domestic assault; amending Minnesota Statutes 1994, section 609.224, subdivisions 2 and 3; 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.

Mahon, Workman, Tunheim, Schumacher and Rhodes introduced:

H. F. No. 1677, A bill for an act relating to passenger carriers; requiring persons providing livery service to obtain a permit from the commissioner of transportation; providing for livery service license plates; making conforming changes; amending Minnesota Statutes 1994, sections 168.128, subdivision 3; 169.122, subdivision 5; 221.011, subdivision 21, and by adding a subdivision; 221.031, subdivision 3b; and 221.091; proposing coding for new law in Minnesota Statutes, chapters 168; and 221; repealing Minnesota Statutes 1994, sections 168.011, subdivision 36; 168.1281; 221.011, subdivision 34; 221.84; and 221.85.

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

Finseth introduced:

H. F. No. 1678, A bill for an act relating to drainage; allowing an outlet fee to be charged for use of an established drainage system in Red Lake county as an outlet for drainage originating in Polk county.

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

Macklin introduced:

H. F. No. 1679, A bill for an act relating to courts; permitting the court to collect unpaid money after a stayed sentence is served; amending Minnesota Statutes 1994, section 609.135, by adding a subdivision.

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

Bradley introduced:

H. F. No. 1680, A bill for an act relating to education; providing funding for the Minnesota Homework Helpline; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124.

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

Skoglund introduced:

H. F. No. 1681, A bill for an act relating to crimes; driving while intoxicated; providing gross misdemeanor penalty for criminal vehicular operation resulting in bodily harm; amending Minnesota Statutes 1994, sections 84.91, subdivision 5; 86B.331, subdivision 5; 169.121, subdivision 3; 169.1217, subdivision 1; 169.129; 171.30, subdivision 2a; and 609.21, by adding a subdivision.

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

Bakk; Rukavina; Johnson, R.; Tomassoni and Anderson, I., introduced:

H. F. No. 1682, A bill for an act relating to taxation; property tax refund; providing a property tax refund as a credit against income tax for certain owners of seasonal recreational property; amending Minnesota Statutes 1994, sections 290.06, by adding a subdivision; 290A.02; 290A.03, by adding a subdivision; 290A.04, by adding subdivisions; 290A.09; 290A.10; and 290A.23, subdivision 3.

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

Wenzel introduced:

H. F. No. 1683, A bill for an act relating to education; appropriating money for model K-12 environmental education curriculum integration.

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

Wenzel introduced:

H. F. No. 1684, A bill for an act relating to education; changing the enrollment period that is counted toward the maximum for state grant eligibility; amending Minnesota Statutes 1994, section 136A.121, subdivision 9.

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

Lourey, Delmont, Simoneau, Lynch and Rice introduced:

H. F. No. 1685, A bill for an act relating to human services; establishing an ombudsperson for kinship caregivers in the department of human services; modifying eligibility for the adoption assistance program and for reimbursement of nonrecurring adoption expenses; amending Minnesota Statutes 1994, sections 259.67, subdivision 4; and 259.73; proposing coding for new law in Minnesota Statutes, chapter 256.

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

Wejcman, Lourey, Orenstein and Clark introduced:

H. F. No. 1686, A bill for an act relating to human services; adding an exception to the group residential housing moratorium; amending Minnesota Statutes 1994, section 256I.04, subdivision 3.

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

Anderson, B.; Olson, M.; Onnen; Otremba and Smith introduced:

H. F. No. 1687, A bill for an act relating to water; requiring the commissioner of natural resources to allow the water level of Lake Pulaski to be lowered.

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

Krinkie and Knight introduced:

H. F. No. 1688, A bill for an act relating to government; providing for the ownership, financing, and use of certain sports facilities; permitting the issuance of bonds and other obligations; appropriating money; amending Minnesota Statutes 1994, sections 240A.08; 473.551, subdivisions 8 and 17; 473.552; 473.556, subdivisions 4, 5, and 16; 473.592, subdivision 1; 473.595, subdivisions 1a, 2, and 6; 473.598; and 473.599; repealing Minnesota Statutes 1994, section 473.556, subdivision 17.

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

Marko, Pugh, Milbert, Rice and Osthoff introduced:

H. F. No. 1689, A bill for an act relating to highways; requiring the commissioner of transportation to construct the Wakota bridge-trunk highway 61 project in accordance with a specified schedule.

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

Cooper introduced:

H. F. No. 1690, A bill for an act relating to taxation; authorizing certain municipalities to establish tax abatement districts; proposing coding for new law in Minnesota Statutes, chapter 272.

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

Haas introduced:

H. F. No. 1691, A bill for an act relating to taxation; property; excluding the value of improvements made to certain residential property; amending Minnesota Statutes 1994, section 273.11, by adding a subdivision.

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

Schumacher, Bertram, Koppendrayer and Seagren introduced:

H. F. No. 1692, A bill for an act relating to education; establishing service cooperatives to replace educational cooperative service units; amending Minnesota Statutes 1994, section 123.58.

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

Harder and Winter introduced:

H. F. No. 1693, A bill for an act relating to education; extending availability of a planning grant for facility needs for certain districts acting as a joint powers agreement.

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

Knoblach, Dehler, Macklin, Osskopp and Kraus introduced:

H. F. No. 1694, A bill for an act relating to taxation; sales and use; providing a tax payment option to lessees of tangible personal property; proposing coding for new law in Minnesota Statutes, chapter 297A.

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

Delmont; Orenstein; Anderson, I., and Marko introduced:

H. F. No. 1695, A bill for an act relating to the legislature; abolishing the legislative commission to review administrative rules, the legislative commission on children, youth, and their families, the legislative water commission, the legislative commission on the economic status of women, the legislative commission on child protection, the legislative commission on health care access, the legislative commission on long-term health care, the legislative commission on waste management, and the legislative tax study commission; transferring functions of the legislative commission on Minnesota resources to the office of strategic and long-range planning; amending Minnesota Statutes 1994, sections 3.846, subdivision 2; 4.071, subdivision 2; 14.131; 14.15, subdivision 4; 14.19; 14.23; 14.26; 14.32, subdivision 2; 14.47, subdivisions 3, 6, and 8; 62J.04, subdivisions 1a and 9; 62Q.33, subdivision 5; 84.0274, subdivision 7; 85.019, subdivision 2; 86.72, subdivisions 2 and 3; 89.022, subdivision 2; 103A.43; 103B.321, subdivision 1; 115A.07, subdivision 3; 115A.15, subdivision 5; 115A.158, subdivision 2; 115A.165; 115A.193; 115A.22, subdivision 5; 115A.5501, subdivisions 2 and 4; 115A.551, subdivisions 4 and 5; 115A.557, subdivision 4; 115A.9157, subdivision 6; 115A.96, subdivision 2; 115A.961, subdivision 2; 115A.9651, subdivision 2; 115A.97, subdivisions 5 and 6; 115B.20, subdivisions 2, 5, and 6; 116C.712, subdivision 5; 116J.555, subdivision 2; 116P.02; 116P.03; 116P.05, subdivision 2, and by adding a subdivision; 116P.06; 116P.07; 116P.08, subdivisions 3, 4, 5, 6, and 7; 116P.09; 116P.10; 116P.11; 116P.12; 116Q.02; 256.9352, subdivision 3; 256B.431, subdivision 2i; 290.431; 290.432; and 473.846; repealing Minnesota Statutes 1994, sections 3.841; 3.842; 3.843; 3.844; 3.845; 3.861; 3.873; 3.887; 3.9222; 3.9227; 14.115, subdivision 8; 62J.04, subdivision 4; 62J.07; 62N.24; 103B.351; 115A.03, subdivision 16; 115A.08; 115A.14; 115A.29; 115A.38; 115A.411; 115A.913, subdivision 5; 115A.9157, subdivision 4; 115A.965, subdivision 7; 115A.981, subdivision 3; 115B.20, subdivision 6; 115B.22, subdivision 8; 115B.43, subdivision 4; 116P.05, subdivision 1; 256B.504; 473.149, subdivisions 2c and 6; 473.845, subdivision 4; and 473.848, subdivision 4.

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

McGuire, Kahn, Skoglund and Macklin introduced:

H. F. No. 1696, A bill for an act relating to state government; providing for the protection of state agency intellectual property; appropriating money; amending Minnesota Statutes 1994, section 16B.483; repealing Minnesota Statutes 1994, section 16B.405.

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

Wenzel, Winter, Bettermann, Otremba and Lourey introduced:

H. F. No. 1697, A bill for an act relating to agriculture; appropriating money for the Minnesota Education in Agriculture Leadership Council.

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

Kinkel introduced:

H. F. No. 1698, A bill for an act relating to public safety; regulating the safe filling of propane gas containers; providing direct safe handling requirements; repealing the owner-only restrictions on filling or refilling propane gas containers; providing penalties; providing remedies; proposing coding for new law in Minnesota Statutes, chapter 299F; repealing Minnesota Statutes 1994, section 299F.40.

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

The following House Advisory was introduced:

Tunheim; Finseth; Cooper; Johnson, R., and Olson, E., introduced:

H. A. No. 9, A proposal relating to reduction in value of private property as a result of government regulation.

The advisory was referred to the Committee on Governmental Operations.

The following message was received from the Senate:

Mr. Speaker:

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

S. F. Nos. 953 and 739.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 953, A bill for an act relating to the city of Duluth; modifying the area in which a special service district may be created; amending Laws 1993, chapter 375, article 5, section 40, subdivision 3.

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

S. F. No. 739, A bill for an act relating to agriculture; changing certain procedures for compensating crop owners for damage by elk; amending Minnesota Statute 1994, section 3.7371, subdivision 3.

The bill was read for the first time.

Otremba moved that S. F. No. 739 and H. F. No. 337, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

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

H. F. No. 1211, A bill for an act relating to public contractors' performance bonds; exempting certain manufacturers from requirements for posting bonds; amending Minnesota Statutes 1994, section 574.26, 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 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding printed Special Orders for today, Monday, March 27, 1995:

S. F. No. 214; and H. F. Nos. 533, 1060, 1105, 1256, 1399, 901, 527 and 528.

S. F. No. 214 was reported to the House.

Entenza moved that S. F. No. 214 be temporarily laid over on Special Orders. The motion prevailed.

H. F. No. 533 was reported to the House.

There being no objection, H. F. No. 533 was continued on Special Orders.

H. F. No. 1060, A bill for an act relating to local government; excluding certain fire and police department employees from civil service in the city of South St. Paul.

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 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 1105 was reported to the House.

Bishop moved to amend H. F. No. 1105, the first engrossment, as follows:

Page 6, line 10, delete "August 1, 1995" and insert "the day following final enactment"

The motion prevailed and the amendment was adopted.

H. F. No. 1105, A bill for an act relating to paternity; eliminating a presumption for husbands in certain cases; allowing husbands to join in a recognition of parentage; amending Minnesota Statutes 1994, sections 257.55, subdivision 1; 257.57, subdivision 2; and 257.75, subdivisions 1, 2, 4, and by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Onnen        Sviggum
Anderson, B. Frerichs     Krinkie      Opatz        Swenson, D.
Anderson, R. Garcia       Larsen       Orenstein    Swenson, H.
Bakk         Girard       Leighton     Orfield      Sykora
Bettermann   Goodno       Leppik       Osskopp      Tomassoni
Bishop       Greenfield   Lieder       Osthoff      Tompkins
Boudreau     Greiling     Lindner      Ostrom       Trimble
Bradley      Haas         Long         Otremba      Tuma
Broecker     Hackbarth    Lourey       Ozment       Tunheim
Brown        Harder       Luther       Paulsen      Van Dellen
Carlson      Hasskamp     Lynch        Pawlenty     Van Engen
Carruthers   Hausman      Macklin      Pellow       Vickerman
Clark        Holsten      Mahon        Pelowski     Wagenius
Commers      Hugoson      Mares        Perlt        Weaver
Cooper       Jaros        Mariani      Peterson     Wejcman
Daggett      Jefferson    Marko        Pugh         Wenzel
Dauner       Jennings     McCollum     Rest         Winter
Davids       Johnson, A.  McElroy      Rhodes       Wolf
Dawkins      Johnson, R.  McGuire      Rostberg     Worke
Dehler       Johnson, V.  Milbert      Rukavina     Workman
Delmont      Kahn         Molnau       Schumacher   Sp.Anderson,I
JOURNAL OF THE HOUSE - 30th Day - Top of Page 1004

Dempsey      Kelley       Mulder       Seagren      
Dorn         Kinkel       Murphy       Skoglund     
Entenza      Knight       Ness         Smith        
Erhardt      Knoblach     Olson, E.    Solberg      
Farrell      Koppendrayer Olson, M.    Stanek       

H. F. No. 1256, A bill for an act relating to energy; adopting federal energy standards for air conditioners, certain gas-burning equipment, lamps, showerheads, and faucets; amending Minnesota Statutes 1994, section 216C.19, subdivisions 13, 14, 16, and 19.

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 124 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Brown                     

H. F. No. 1399, A bill for an act relating to crime; imposing penalties for assaulting a police horse while it is being used for law enforcement purposes; proposing coding for new law in Minnesota Statutes, chapter 609.

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 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 901 was reported to the House.

Swenson, D., moved that H. F. No. 901 be temporarily laid over on Special Orders. The motion prevailed.

S. F. No. 214 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Entenza moved to amend S. F. No. 214, the unofficial engrossment, as follows:

Page 1, line 9, delete "intentionally"

Page 1, line 12, after the second comma, insert "protection from weather;"

The motion prevailed and the amendment was adopted.

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

The bill was read for the 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 108 yeas and 18 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Kraus        Olson, E.    Smith
Anderson, R. Finseth      Larsen       Olson, M.    Solberg
Bakk         Frerichs     Leighton     Onnen        Sviggum
Bettermann   Garcia       Leppik       Opatz        Swenson, D.
Bishop       Girard       Lieder       Orenstein    Swenson, H.
JOURNAL OF THE HOUSE - 30th Day - Top of Page 1006

Bradley      Greenfield   Long         Orfield      Sykora
Brown        Greiling     Lourey       Osskopp      Tomassoni
Carlson      Hackbarth    Luther       Osthoff      Trimble
Carruthers   Harder       Lynch        Ostrom       Tuma
Clark        Hasskamp     Macklin      Otremba      Tunheim
Commers      Hausman      Mahon        Ozment       Van Dellen
Cooper       Holsten      Mariani      Paulsen      Van Engen
Daggett      Huntley      Marko        Pawlenty     Vickerman
Dauner       Jaros        McCollum     Pelowski     Wagenius
Davids       Jefferson    McElroy      Perlt        Wejcman
Dawkins      Jennings     McGuire      Peterson     Wenzel
Dehler       Johnson, A.  Milbert      Pugh         Winter
Delmont      Johnson, R.  Molnau       Rest         Wolf
Dempsey      Kahn         Mulder       Rhodes       Workman
Dorn         Kelley       Munger       Rukavina     Sp.Anderson,I
Entenza      Kinkel       Murphy       Seagren      
Erhardt      Knoblach     Ness         Skoglund     

Anderson, B. Haas         Koppendrayer Pellow       Weaver
Boudreau     Hugoson      Krinkie      Rostberg     Worke 
Broecker     Johnson, V.  Lindner      Stanek       
Goodno       Knight       Mares        Tompkins     

H. F. No. 527, A bill for an act relating to telecommunications; requiring for persons with communication impairments to be eligible to receive communication devices through the TACIP board, that they must be able to use the equipment; amending Minnesota Statutes 1994, section 237.53, 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 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 528, A bill for an act relating to telecommunications; restricting eligibility for communication device for communication-impaired person in a residential care facility when the facility already provides or is required to provide comparable telephone service; amending Minnesota Statutes 1994, section 237.53, 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 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, E.    Solberg
Anderson, B. Frerichs     Kraus        Olson, M.    Stanek
Anderson, R. Garcia       Krinkie      Onnen        Sviggum
Bakk         Girard       Larsen       Opatz        Swenson, D.
Bettermann   Goodno       Leighton     Orenstein    Swenson, H.
Bishop       Greenfield   Leppik       Orfield      Sykora
Boudreau     Greiling     Lieder       Osskopp      Tomassoni
Bradley      Haas         Lindner      Osthoff      Tompkins
Broecker     Hackbarth    Long         Ostrom       Trimble
Brown        Harder       Lourey       Otremba      Tuma
Carlson      Hasskamp     Luther       Ozment       Tunheim
Carruthers   Hausman      Lynch        Paulsen      Van Dellen
Clark        Holsten      Macklin      Pawlenty     Van Engen
Commers      Hugoson      Mahon        Pellow       Vickerman
Cooper       Huntley      Mares        Pelowski     Wagenius
Daggett      Jaros        Mariani      Perlt        Weaver
Dauner       Jefferson    Marko        Peterson     Wejcman
Davids       Jennings     McCollum     Pugh         Wenzel
Dawkins      Johnson, A.  McElroy      Rest         Winter
Dehler       Johnson, R.  McGuire      Rhodes       Wolf
Delmont      Johnson, V.  Milbert      Rostberg     Worke
JOURNAL OF THE HOUSE - 30th Day - Top of Page 1007

Dempsey      Kahn         Molnau       Rukavina     Workman
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
Entenza      Kinkel       Munger       Seagren      
Erhardt      Knight       Murphy       Skoglund     
Farrell      Knoblach     Ness         Smith        

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.

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 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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.

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 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, E.    Solberg
Anderson, B. Frerichs     Kraus        Olson, M.    Stanek
Anderson, R. Garcia       Krinkie      Onnen        Sviggum
Bakk         Girard       Larsen       Opatz        Swenson, D.
Bettermann   Goodno       Leighton     Orenstein    Swenson, H.
Bishop       Greenfield   Leppik       Orfield      Sykora
Boudreau     Greiling     Lieder       Osskopp      Tomassoni
Bradley      Haas         Lindner      Osthoff      Tompkins
Broecker     Hackbarth    Long         Ostrom       Trimble
Brown        Harder       Lourey       Otremba      Tuma
Carlson      Hasskamp     Luther       Ozment       Tunheim
Carruthers   Hausman      Lynch        Paulsen      Van Dellen
Clark        Holsten      Macklin      Pawlenty     Van Engen
Commers      Hugoson      Mahon        Pellow       Vickerman
Cooper       Huntley      Mares        Pelowski     Wagenius
Daggett      Jaros        Mariani      Perlt        Weaver
Dauner       Jefferson    Marko        Peterson     Wejcman
Davids       Jennings     McCollum     Pugh         Wenzel
Dawkins      Johnson, A.  McElroy      Rest         Winter
Dehler       Johnson, R.  McGuire      Rhodes       Wolf
Delmont      Johnson, V.  Milbert      Rostberg     Worke
JOURNAL OF THE HOUSE - 30th Day - Top of Page 1008

Dempsey      Kahn         Molnau       Rukavina     Workman
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
Entenza      Kinkel       Munger       Seagren      
Erhardt      Knight       Murphy       Skoglund     
Farrell      Knoblach     Ness         Smith        

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.

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 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 446 was reported to the House.

Leppik moved to amend H. F. No. 446, the third engrossment, as follows:

Page 4, line 11, delete "1996" and insert "1997"

Page 14, after line 17, insert:

"Sec. 10. [EFFECTIVE DATE.]

This act is effective July 1, 1995."

The motion prevailed and the amendment was adopted.

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.

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 119 yeas and 8 nays as follows:

Those who voted in the affirmative were:

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

Anderson, B. Krinkie      Onnen        Perlt        
Huntley      Olson, M.    Opatz        Sviggum      

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

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

Luther moved that the name of Stanek be added as an author on H. F. No. 742. The motion prevailed.

Commers moved that the name of Worke be added as an author on H. F. No. 793. The motion prevailed.

Holsten moved that the name of Luther be added as an author on H. F. No. 1227. The motion prevailed.

Bakk moved that the name of Anderson, I., be added as an author on H. F. No. 1386. The motion prevailed.

Luther moved that her name be stricken as an author on H. F. No. 1440. The motion prevailed.

Wenzel moved that the name of Schumacher be added as an author on H. F. No. 1521. The motion prevailed.

McGuire moved that the name of Dawkins be added as an author on H. F. No. 1631. The motion prevailed.

Clark moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 23, 1995, when the vote was taken on the repassage of H. F. No. 121, as amended by the Senate." The motion prevailed.

Ness moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 23, 1995, when the vote was taken on the Pellow amendment to S. F. No. 281, as amended." The motion prevailed.

Clark moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 23, 1995, when the vote was taken on the repassage of H. F. No. 305, as amended by the Senate." The motion prevailed.

Long moved that H. F. No. 1567 be recalled from the Committee on Financial Institutions and Insurance and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

Long moved that H. F. No. 1594 be recalled from the Committee on Local Government and Metropolitan Affairs and be re-referred to the Committee on Housing. The motion prevailed.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 335:

Girard, Solberg and Luther.

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Wednesday, March 29, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Wednesday, March 29, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

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