Anderson, R.; Bishop; Boudreau; Johnson, V., and Kelso were excused.

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

S. F. No. 444 and H. F. No. 552, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Mulder moved that S. F. No. 444 be substituted for H. F. No. 552 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1043 and H. F. No. 1176, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Peterson moved that S. F. No. 1043 be substituted for H. F. No. 1176 and that the House File be indefinitely postponed. The motion prevailed.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 3, A bill for an act relating to traffic regulations; driving while intoxicated; establishing pilot program to test effectiveness of electronic alcohol monitoring of DWI offenders; appropriating money.

Reported the same back with the following amendments:

Page 2, line 17, before "$1,000,000" insert "(a)"

Page 2, after line 19, insert:

"(b) $500,000 is appropriated from the general fund to the commissioner of public safety for grants to counties under Minnesota Statutes, section 169.1265, to pay the costs of developing and operating intensive probation programs for repeat DWI offenders; provided that at least one-half of this appropriation shall be used for grants to counties seeking to develop new programs."

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 33, A bill for an act relating to health; modifying provisions relating to the administration and prescription of neuroleptic medications; changing the name of a court in certain circumstances; amending Minnesota Statutes 1994, sections 13.42, subdivision 3; 253B.03, subdivisions 6b and 6c; 253B.05, subdivisions 2 and 3; 253B.09, subdivision 2; 253B.12, subdivision 1; and 253B.17, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 13.42, subdivision 3, is amended to read:

Subd. 3. [CLASSIFICATION OF MEDICAL DATA.] Unless the data is summary data or a statute specifically provides a different classification, medical data are private but are available only to the subject of the data as provided in section 144.335, and shall not be disclosed to others except:

(a) Pursuant to section 13.05;

(b) Pursuant to section 253B.03, subdivision 6c;

(c) Pursuant to a valid court order;

(c) (d) To administer federal funds or programs;

(d) (e) To the surviving spouse, parents, children, and siblings of a deceased patient or client or, if there are no surviving spouse, parents, children, or siblings, to the surviving heirs of the nearest degree of kindred;

(e) (f) To communicate a patient's or client's condition to a family member or other appropriate person in accordance with acceptable medical practice, unless the patient or client directs otherwise; or

(f) (g) As otherwise required by law.

Sec. 2. Minnesota Statutes 1994, section 253B.03, subdivision 6b, is amended to read:

Subd. 6b. [CONSENT FOR MENTAL HEALTH TREATMENT.] A competent person admitted or committed without commitment to a treatment facility may be subjected to intrusive mental health treatment only with the person's written informed consent. For purposes of this section, "intrusive mental health treatment" means electroshock therapy and neuroleptic medication and does not include treatment for mental retardation. An incompetent person who has prepared a directive under subdivision 6d regarding treatment with intrusive therapies must be treated in accordance with this section, except in cases of emergencies.

Sec. 3. Minnesota Statutes 1994, section 253B.03, subdivision 6c, is amended to read:

Subd. 6c. [RECORDS; ADMINISTRATION OF NEUROLEPTIC MEDICATIONS.] (a) A treating physician who makes medical decisions under this subdivision regarding the prescription and administration of neuroleptic medication may have access to the physician's order section of a patient's records on past administration of neuroleptic medication at any treatment facility, if the patient lacks the capacity to authorize the release of records. Upon request of a treating physician under this subdivision, a treatment facility shall supply complete information relating to the past records on administration of neuroleptic medication of a patient subject to this subdivision. A patient who has the capacity to authorize the release of data retains the right to make decisions regarding access to medical records as provided by section 144.335.

(b) Neuroleptic medications may be administered to persons committed as mentally ill or mentally ill and dangerous only as described in this subdivision. For purposes of this section, "patient" also includes a proposed patient who is the subject of a petition for commitment.

(b) (c) A neuroleptic medication may be administered treatment provider may prescribe and administer neuroleptic medication without judicial review to a patient who:

(1) is competent to consent to neuroleptic medications if the patient has given written, informed consent to administration of the neuroleptic medication. the treatment and has signed a written, informed consent;

(c) A neuroleptic medication may be administered to a patient who (2) is not competent to consent to neuroleptic medications if the patient, when competent, prepared a declaration under subdivision 6d requesting the treatment or authorizing a proxy to request the treatment or if a court approves the administration of the neuroleptic medication. and the proxy has requested the neuroleptic medication;

(d) A neuroleptic medication may be administered without court review to a patient who (3) has not prepared a declaration under subdivision 6d and who is not competent to consent to neuroleptic medications if:

(1) (i) the patient does not object to or refuse the medication;

(2) (ii) a guardian ad litem appointed by the court with authority to consent to neuroleptic medications gives written, informed consent to the administration of the neuroleptic medication; and

(3) (iii) a multidisciplinary treatment review panel composed of persons who are not engaged in providing direct care to the patient gives written approval to administration of the neuroleptic medication.; or

(e) A neuroleptic medication may be administered without judicial review and without consent (4) refuses prescribed neuroleptic medication and is in an emergency situation. Medication may be administered for so long as the emergency continues to exist, up to 14 days, if the treating physician determines that the medication is necessary to prevent serious, immediate physical harm to the patient or to others. If a petition for authorization to administer medication is filed within the 14 days, the treating physician may continue the medication through the date of the first court hearing, if the emergency continues to exist. If the petition for authorization to administer medication is filed in conjunction with a petition for commitment and the court makes a determination at the preliminary hearing under section 253B.07, subdivision 7, that there is sufficient cause to continue the physician's order until the hearing under section 253B.08, the treating physician may continue the medication until that hearing, if the emergency continues to exist. The treatment facility shall document the emergency in the patient's medical record in specific behavioral terms.

(f) A person who consents to treatment pursuant to this subdivision is not civilly or criminally liable for the performance of or the manner of performing the treatment. A person is not liable for performing treatment without consent if written, informed consent was given pursuant to this subdivision. This provision does not affect any other liability that may result from the manner in which the treatment is performed.

(g) (d) The court may allow and order paid to a guardian ad litem a reasonable fee for services provided under paragraph (c), or the court may appoint a volunteer guardian ad litem.

(h) A medical director or patient may petition the committing court, or the court to which venue has been transferred, for a hearing concerning the administration of neuroleptic medication. A hearing may also be held pursuant to section 253B.08, 253B.09, 253B.12, or 253B.18. The hearing concerning the administration of neuroleptic medication must be held within 14 days from the date of the filing of the petition. The court may extend the time for hearing up to an additional 15 days for good cause shown.

(e) A treatment facility must obtain judicial review to administer neuroleptic medication to a patient who refuses to take the medication, or when an independent medical review does not support the prescribed treatment.

(f) A physician on behalf of a treatment facility may file a petition requesting authorization to administer neuroleptic medication to a patient who is not competent to consent to the prescribed medication, as certified by a physician, and who refuses to take the prescribed medication. A patient may also file a petition pursuant to section 253B.17 for a review of a physician's order for neuroleptic medication.

(g) A petition may be filed with the district court in the county of commitment or, with the consent of the committing court, the county in which the patient is being held or treated. The petition may be heard as part of any other district court proceeding under this chapter. The hearing must be held within 14 days from the date of the filing of the petition. By agreement of the parties, or for good cause shown, the court may extend the time of hearing an additional 30 days.

(h) If the petitioning facility has a treatment review panel, the panel shall review the appropriateness of the proposed medication and submit its recommendations to the court, to the county attorney, and to the patient's counsel at least two days prior to the hearing.

(i) The patient must be examined by a court examiner prior to the hearing. If the patient refuses to participate in an examination, the examiner may rely on the patient's medical records to reach an opinion as to the appropriateness of neuroleptic medication. The patient is entitled to counsel and a second examiner, if requested by the patient or patient's counsel.

(j) At any time during the commitment proceedings, the court may appoint a guardian ad litem upon the request of any party, the recommendation of the prepetition screener, an examining physician, the court's examiner, or upon the court's own motion.

(k) The court shall determine by clear and convincing evidence: (1) whether the patient is incompetent to consent to the neuroleptic medication because of the patient's mental illness; (2) whether the involuntary administration of medication is necessary to treat the patient's mental illness; and (3) if evidence has been presented, what the wishes of the patient when competent would be regarding administration of neuroleptic medication. The court may base its decision on relevant and admissible evidence, including the testimony of a treating physician or other qualified physician, a member of the patient's treatment team, a court appointed examiner, witness testimony, or the patient's medical records.

(l) If the patient is found to be competent to decide whether to take neuroleptic medication, the treating facility may not administer medication without the patient's informed written consent or without the declaration of an emergency, or until further review by the court.

(m) If the patient is found incompetent to decide whether to take neuroleptic medication, the court may authorize the treating facility, and any other community or treatment facility to which the patient may be transferred or provisionally discharged, to involuntarily administer the medication to the patient. A finding of incompetence under this section must not be construed to determine the patient's competence for any other purpose.

(n) The court may, but is not required to, limit the maximum dosage of neuroleptic medication which may be administered.

(o) The court may authorize the administration of neuroleptic medication until the termination of a determinate commitment. If the patient is committed for an indeterminate period, the court may authorize treatment of neuroleptic medication for not more than two years, subject to the patient's right to petition the court for review of the order. The treatment facility must submit annual reports to the court, which shall provide copies to the patient and the respective attorneys.

(p) If the patient is transferred from a facility which does not have a treatment review panel to a facility which has a treatment review panel, the receiving facility shall review the appropriateness of the patient's medication within 30 days after the patient begins treatment at the facility.

Sec. 4. Minnesota Statutes 1994, section 253B.05, subdivision 2, is amended to read:

Subd. 2. [PEACE OR HEALTH OFFICER HOLD.] (a) A peace or health officer may take a person into custody and transport the person to a licensed physician or treatment facility if the officer has reason to believe, either through direct observation of the person's behavior, or upon reliable information of the person's recent behavior and knowledge of the person's past behavior or psychiatric treatment, that the person is mentally ill or mentally retarded and in imminent danger of injuring self or others if not immediately restrained. A peace or health officer or a person working under such officer's supervision, may take a person who is believed to be chemically dependent or is intoxicated in public into custody and transport the person to a treatment facility. If the person is intoxicated in public or is believed to be chemically dependent and is not in danger of causing self-harm or harm to any person or property, the peace or health officer may transport the person home. Written application for admission of the person to a treatment facility shall be made by the peace or health officer. The application shall contain a statement given by the peace or health officer specifying the reasons for and circumstances under which the person was taken into custody. If imminent danger to specific individuals is a basis for the emergency hold, the statement must include identifying information on those individuals, to the extent practicable. A copy of the statement shall be made available to the person taken into custody.

(b) A person may be admitted to a treatment facility for emergency care and treatment under this subdivision with the consent of the head of the facility under the following circumstances: a written statement is made by the medical officer on duty at the facility that after preliminary examination the person has symptoms of mental illness or mental retardation and appears to be in imminent danger of harming self or others; or, a written statement is made by the institution program director or the director's designee on duty at the facility that after preliminary examination the person has symptoms of chemical dependency and appears to be in imminent danger of harming self or others or is intoxicated in public.

Sec. 5. Minnesota Statutes 1994, section 253B.05, subdivision 3, is amended to read:

Subd. 3. [DURATION OF HOLD.] (a) Any person held pursuant to this section may be held up to 72 hours, exclusive of Saturdays, Sundays, and legal holidays, after admission unless a petition for the commitment of the person has been filed in the probate court of the county of the person's residence or of the county in which the treatment facility is located and the court issues an order pursuant to section 253B.07, subdivision 6. If the head of the treatment facility believes that commitment is required and no petition has been filed, the head of the treatment facility shall file a petition for the commitment of the person. The hospitalized person may move to have the venue of the petition changed to the probate court of the county of the person's residence, if the person is a resident of Minnesota.

(b) During the 72-hour hold period, a court may not release a person held under this section unless the court has received a written petition for release and held a summary hearing regarding the release. The petition must include the name of the person being held, the basis for and location of the hold, and a statement as to why the hold is improper. The petition also must include copies of any written documentation under subdivision 1 or 2 in support of the hold, unless the person holding the petitioner refuses to supply the documentation. The hearing must be held as soon as practicable and may be conducted by means of a telephone conference call or similar method by which the participants are able to simultaneously hear each other. If the court decides to release the person, the court shall issue written findings supporting the decision, but may not delay the release. Before deciding to release the person, the court shall make every reasonable effort to provide notice of the proposed release to: (1) any specific individuals identified in a statement under subdivision 1 or 2 or in the record as individuals who might be endangered if the person was not held; and (2) the examiner whose written statement was a basis for a hold under subdivision 1 or the peace or health officer who applied for a hold under subdivision 2.

(c) If a treatment facility releases a person during the 72-hour hold period, the head of the treatment facility shall immediately notify the agency which employs the peace or health officer who transported the person to the treatment facility under this section.

Sec. 6. Minnesota Statutes 1994, section 253B.12, subdivision 1, is amended to read:

Subdivision 1. [REPORT.] Prior to the termination of the initial commitment order or final discharge of the patient, the head of the facility shall file a written report with the committing court with a copy to the patient and patient's counsel, setting forth in detailed narrative form at least the following:

(1) the diagnosis of the patient with the supporting data;

(2) the anticipated discharge date;

(3) an individualized treatment plan;

(4) a detailed description of the discharge planning process with suggested after care plan;

(5) whether the patient is in need of further care and treatment with evidence to support the response;

(6) whether any further care and treatment must be provided in a treatment facility with evidence to support the response;

(7) whether in the opinion of the head of the facility the patient must continue to be committed to a treatment facility; and

(8) whether in the opinion of the head of the facility the patient satisfies the statutory requirement for continued commitment, with documentation to support the opinion; and

(9) whether the administration of neuroleptic medication is clinically indicated, whether the patient is able to give informed consent to that medication, and the basis for these opinions.

Sec. 7. Minnesota Statutes 1994, section 253B.17, subdivision 1, is amended to read:

Subdivision 1. [PETITION.] Any patient, except one committed as mentally ill and dangerous to the public, or any interested person may petition the committing court or the court to which venue has been transferred for an order that the patient is not in need of continued institutionalization or for an order that an individual is no longer mentally ill, mentally retarded, or chemically dependent, or for any other relief as the court deems just and equitable. A patient committed as mentally ill or mentally ill and dangerous may petition the committing court or the court to which venue has been transferred for a hearing concerning the administration of neuroleptic medication. A hearing may also be held pursuant to sections 253B.08, 253B.09, 253B.12, and 253B.18.

Sec. 8. [INSTRUCTION TO REVISOR.]

The revisor of statutes shall change the words "probate court" to "district court," in Minnesota Statutes 1996 and subsequent editions of the statutes."

Amend the title as follows:

Page 1, lines 7 and 8, delete "253B.09, subdivision 2;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

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

Reported the same back with the following amendments:

Page 15, delete line 36, and insert "$334,000 is appropriated from the state government special revenue fund to the"

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

The report was adopted.

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

H. F. No. 139, A bill for an act relating to state government; requiring reporting on and certain analysis of federal mandates imposed on state agencies; proposing coding for new law in Minnesota Statutes, chapter 16A.

Reported the same back with the following amendments:

Page 1, line 7, delete "[16A.116]"

Page 2, line 3, after "finance" insert ", in conjunction with the director of the office of strategic and long-range planning,"

Page 2, line 4, delete everything after "legislature" and insert "by January 15, 1996."

Page 2, delete line 5

Page 2, line 34, delete "budget document" and insert "agency"

Amend the title as follows:

Page 1, line 4, delete everything after "agencies" and insert a period

Page 1, delete line 5

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 145, A bill for an act relating to corrections; authorizing use of force in defense of assault in correctional facilities under the control of or licensed by the commissioner; amending Minnesota Statutes 1994, section 243.52.

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

The report was adopted.

Kahn from the Committee on Governmental Operations 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; authorizing a joint powers board for mosquito abatement in the metropolitan area; prescribing its powers and duties; amending Minnesota Statutes 1994, sections 3.9741, subdivision 1; 16B.122, subdivisions 1 and 3; 270.12, subdivision 3; 273.1398, by adding a subdivision; 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 recommendation that the bill pass and be re-referred to the Committee on Taxes.

The report was adopted.

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

H. F. No. 258, A bill for an act relating to state government; requiring that certain fines imposed by the pollution control agency or by the department of health be deposited in the general fund; amending Minnesota Statutes 1994, sections 115.072; 115.073; 115B.16, subdivision 4; 115B.18, subdivision 1; 115B.20, subdivision 4; 115C.05; 115C.11, subdivision 2; and 326.78, subdivision 9.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Commerce, Tourism and Consumer Affairs without further recommendation.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 377, A bill for an act relating to driving while intoxicated; extending vehicle forfeiture penalties to include failure to appear at trial for designated driving while intoxicated offenses; amending Minnesota Statutes 1994, section 169.1217, subdivisions 7, 8, and 9.

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

The report was adopted.

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

H. F. No. 403, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Todd county.

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

The report was adopted.

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

H. F. No. 474, A bill for an act relating to state lands; authorizing the sale of certain tax-forfeited lands bordering public waters in Dakota county to the city of Eagan.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [PRIVATE SALE OF TAX-FORFEITED LAND; DAKOTA COUNTY.]

(a) Notwithstanding Minnesota Statutes, sections 92.45, 282.018, subdivision 1, paragraph (a), and 103F.535, and the public sale provisions of Minnesota Statutes, chapter 282, Dakota county may sell by private sale to the city of Eagan, without consideration, the lands bordering public waters that are described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

(b) The conveyance must be in a form approved by the attorney general. The conveyance must provide, subject to section 2, that the land reverts to the state if it is not used for public park and open space purposes.

(c) The lands that may be conveyed are located in Dakota county, are designated by the Dakota county parcel number contained within the parentheses, and are described as:

(1) (Parcel No. 10-01100-011-75) as:

That part of the East Half of the East Half of the Southeast Quarter of Section 11, Township 27 North, Range 23 West, described as follows:

Commencing at the southeast corner of said Section 11; thence North 0 degrees 04 minutes 54 seconds East assumed bearing, along the east line of the Southeast Quarter of said Section 11, 878.96 feet to the northeast corner of OUTLOT I, GOPHER INDUSTRIAL PARK 2ND ADDITION, record plat and the point of beginning of the tract to

be described; thence North 89 degrees 37 minutes 34 seconds West along the north line of said OUTLOT I 660.45 feet to the easterly line of EAGANDALE CENTER INDUSTRIAL PARK NO. 4 record plat; thence North 0 degrees 07 minutes 28 seconds East along the easterly line of said EAGANDALE CENTER INDUSTRIAL PARK NO 4 1406.80 feet to the southerly line of BORCHERT-INGERSOLL, INC. 1ST ADDITION, record plat; thence North 76 degrees 29 minutes 44 seconds East along the southerly line of said BORCHERT-INGERSOLL, INC. 1ST ADDITION 678.38 feet to the east line of the Southeast Quarter of said Section 11; thence South 0 degrees 04 minutes 54 seconds West along the east line of said Southeast Quarter 1569.53 feet to the point of beginning.

Containing 22.54 acres, more or less, subject to a city drainage and utility easement.

(2) (Parcel No. 10-01200-011-50) as:

That part of the West Half of the Southwest Quarter of Section 12, Township 27 North, Range 23 West, described as follows:

Commencing at the southwest corner or said Section 12; thence North 0 degrees 04 minutes 54 seconds East assumed bearing, along the west line of the Southwest Quarter of said Section 12, 878.47 feet to the northwest corner of OUTLOT H, GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION, record plat and the point of beginning of the tract to be described; thence North 89 degrees 55 minutes 06 seconds East along the north line of OUTLOT H and OUTLOT G, of said GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION 1321.39 feet to the east line of the West Half of the Southwest Quarter of said Section 12; thence North 0 degrees 02 minutes 16 seconds West along the east line of the West half of said Southwest Quarter 1128.04 feet to the westerly right of way line of the Soo Line Railroad (formerly the Chicago Milwaukee, St. Paul and Pacific Railroad); thence North 37 degrees 55 minutes 59 seconds West along said westerly railroad right of way 804.77 feet to the north line of the West Half of the Southwest Quarter of said Section 12; thence South 89 degrees 56 minutes 35 seconds West along the north line of said West Half of the Southwest Quarter 13.20 feet to the southerly line of BORCHERT-INGERSOLL, INC. 1ST ADDITION, record plat; thence South 76 degrees 29 minutes 44 seconds West along the southerly line of said BORCHERT-INGERSOLL, INC. 1ST ADDITION 833.52 feet to the west line of the Southwest Quarter of said Section 12; thence South 0 degrees 04 minutes 54 seconds West along the west line of said Southwest Quarter 1570.02 feet to the point of beginning.

Containing 48.02 acres, more or less, subject to a city drainage and utility easement.

Sec. 2. [CITY OF EAGAN; AUTHORITY TO EXCHANGE LAND.]

Notwithstanding section 1, paragraph (b), the provisions of Minnesota Statutes, sections 94.342, 282.01, subdivision 1, paragraph (a), or any other law, the city of Eagan may exchange a parcel of land that does not border public waters consisting of:

(1) a portion of the parcel of land described in section 1, paragraph (b); and

(2) a portion of certain additional land adjacent to the parcel of land described in section 1, paragraph (c), now owned or acquired in the future by the city of Eagan, to wit:

That portion of Northeast Quarter (NE 1/4) of the Southwest Quarter of Section 12, Township 27, Range 23, Dakota County which lies south and west of the Soo Line Railroad (formerly the Chicago Milwaukee & St. Paul Railroad)

with any owner of property within a one-quarter mile radius of the land described in section 1, paragraph (c), for a parcel of land contiguous to the land described in section 1, paragraph (c), and bordering public water. Any land acquired by the city of Eagan through such an exchange shall be held by the city of Eagan for open space purposes or for future development as public park and shall revert to the state of Minnesota if such land is not used for such purposes.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment. Under Minnesota Statutes, section 645.023, subdivision 1, clause (a), section 2 takes effect without local approval."

Amend the title as follows:

Page 1, line 4, before the period, insert "; authorizing Eagan to exchange land"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 486, A bill for an act relating to agriculture; creating a livestock processing markets task force; appropriating money.

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.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 506, A bill for an act relating to health; recodifying and modifying provisions relating to lead abatement law; appropriating money; amending Minnesota Statutes 1994, sections 16B.61, subdivision 3; 116.87, subdivision 2; 144.99, subdivision 1; 268.92, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, and by adding a subdivision; and 462A.05, subdivision 15c; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1994, sections 115C.082, subdivision 2; 144.871; 144.872; 144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 144.8782; and 144.879.

Reported the same back with the following amendments:

Page 32, line 26, before "misdemeanor" insert "petty"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 628, A bill for an act relating to the family; creating a presumption of refusal or neglect of parental duties in certain termination of parental rights cases; amending Minnesota Statutes 1994, section 260.221, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 6, strike "imposed upon that parent by" and insert "of"

Page 2, line 13, delete "presumed" and insert "a rebuttable presumption"

Page 2, line 14, delete everything after "duties" and insert "of"

Page 2, line 17, delete the second "the" and insert "a reasonable"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 779, A bill for an act relating to land use planning; clarifying determination of benefit for assessments on land subject to a conservation easement; amending provisions governing the relationship of zoning and planning; amending provisions relating to metropolitan agricultural preserves; amending Minnesota Statutes 1994, section 473H.15, subdivisions 1 and 9; proposing coding for new law in Minnesota Statutes, chapters 84C; 429; and 473.

Reported the same back with the following amendments:

Page 2, line 4, before the period, insert "in the metropolitan development guide"

Page 2, line 14, before the comma, insert "in the metropolitan development guide"

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. 850, A bill for an act relating to water pollution; creating a revolving fund; requiring the department of trade and economic development and the pollution control agency to adopt rules; proposing coding for new law in Minnesota Statutes, chapter 446A.

Reported the same back with the following amendments:

Page 4, delete lines 28 to 36

Page 5, delete lines 1 to 6

Amend the title as follows:

Page 1, line 2, after "revolving" insert "loan"

Page 1, line 3, delete everything after the semicolon

Page 1, delete line 4

Page 1, line 5, delete "rules;"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 853, A bill for an act relating to the military; exempting the national guard and the department of military affairs from certain prohibitions concerning weapons; amending Minnesota Statutes 1994, section 609.66, subdivision 2.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 892, A bill for an act relating to education; modifying provisions relating to school bus safety; providing penalties; amending Minnesota Statutes 1994, sections 123.7991, subdivisions 2 and 3; 123.805, subdivisions 1 and 2; 124.225, subdivision 8m; 126.15, subdivision 2; 169.01, subdivision 6; 169.21, subdivision 2; 169.444, subdivision 2; 169.4502, subdivision 4; 169.4503, by adding a subdivision; 169.451, by adding a subdivision; 169.452; 169.454, subdivision 5, and by adding a subdivision; 171.01, subdivision 21; 171.18, subdivision 1; 171.321, subdivisions 3, 4, and 5; 171.3215, subdivisions 1, 2, and 3; 604A.03; and 631.40, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 169.

Reported the same back with the following amendments:

Pages 15 to 18, delete sections 22 to 25 and insert:

"Sec. 22. Minnesota Statutes 1994, section 171.3215, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) As used in this section, the following terms have the meanings given them.

(b) "School bus driver" means a person possessing a school bus driver's endorsement on a valid Minnesota driver's license or a person possessing a valid Minnesota driver's license who drives a vehicle with a seating capacity of ten or less persons used as a school bus.

(c) "Disqualifying offense" includes any felony offense, any misdemeanor, gross misdemeanor, or felony violation of chapter 152, or any violation under section 609.3451, 609.746, subdivision 1, or 617.23, or a fourth moving violation within a three-year period violation of section 169.121, 169.129, or a similar statute or ordinance from another state while driving, operating, or being in physical control of a school bus or a Head Start bus.

(d) "Head Start bus driver" means a person possessing a valid Minnesota driver's license:

(1) with a passenger endorsement, who drives a Head Start bus;

(2) with a school bus driver's endorsement, who drives a Head Start bus; or

(3) who drives a vehicle with a seating capacity of ten or fewer persons used as a Head Start bus.

Sec. 23. [604A.015] [SCHOOL BUS DRIVER IMMUNITY FROM LIABILITY.]

A school bus driver who, while on duty, provides emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable in ordinary negligence for any civil damages as a result of acts or omissions to the person to whom assistance is rendered by the school bus driver in rendering the emergency care, advice, or assistance. For the purposes of this section, the scene of an emergency is an area outside the confines of a hospital or other institution that has hospital facilities, or an office of a person licensed to practice one or more of the healing arts under chapter 147, 148, 150A, or 153."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 13, delete "subdivisions 1, 2, and 3; 604A.03" and insert "subdivision 1"

Page 1, line 15, delete "chapter" and insert "chapters" and after "169" insert "; and 604A"

With the recommendation that when so amended the bill pass.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

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

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 28A.08, is amended to read:

28A.08 [LICENSE FEES; PENALTIES.]

(a) License fees, penalties for late renewal of licenses, and penalties for not obtaining a license before conducting business in food handling that are set in this section apply to the sections named except as provided under section 28A.09. Except as specified herein, bonds and assessments based on number of units operated or volume

handled or processed which are provided for in said laws shall not be affected, nor shall any penalties for late payment of said assessments, nor shall inspection fees, be affected by this chapter. The penalties may be waived by the commissioner.

(b) A reinspection fee must be charged for each reinspection of a food handler that is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted under one of those chapters. The first reinspection of a firm with gross food sales under $1,000,000 must be assessed at $25. The fee for a firm with gross food sales over $1,000,000 is $50. The fee for a subsequent reinspection of a firm for the same violation is 50 percent of their current license fee. The establishment must be issued written notice of violations with a reasonable date for compliance listed on the notice.

(c) For purposes of this section, "major violation" includes conditions whereby the food products have become adulterated as defined in section 31.121, or fraudulently misbranded as defined in section 31.123. Furthermore, reinspections will be conducted for other prohibited acts as defined in section 31.02, after administrative meetings as defined in section 31.14, and for failure to correct equipment and facility deficiencies as required under applicable rules as adopted under chapter 28, 29, 30, 31, 31A, 32, or 34. An initial inspection relating to a complaint is not a reinspection.

(d) A food handler that requires a reinspection due to a food safety emergency that presented a public health threat and that violated a statute in paragraph (b) must be assessed for the department's reinspection costs. Reinspections related to floods, earthquakes, storms, accidental fires, and power outages are excluded.

(e) All reinspection fees and assessments collected must be deposited in a special account for reinspections conducted under the statutes listed in paragraph (a), and is annually appropriated for this purpose. Money in the account, including interest accrued, is appropriated to the department of agriculture to compensate for and meet the expenses relating to reinspections. Food handlers may appeal reinspection fees and assessments to the department hearing officer within 30 days of receipt of the notice of fee assessment. The appeal must be submitted to the commissioner in writing. Fees and assessments are due on demand by the commissioner. However, if a timely appeal is requested, the fees and assessments are stayed until a decision on the appeal is issued by the hearing officer. A license may not be renewed until all fees and penalties are paid.

(f) License fees, late charges, and penalties are as follows:

Penalties

Type of food handler License Late No

Fee Renewal License

1. Retail food handler

(a) Having gross sales of only

prepackaged nonperishable food

of less than $15,000 for

the immediately previous

license or fiscal year and

filing a statement with the

commissioner $ 40 $ 15 $ 25

(b) Having under $15,000 gross

sales including food preparation

or having $15,000 to $50,000

gross sales for the immediately

previous license or fiscal year $ 55 $ 15 $ 25

(c) Having $50,000 to $250,000

gross sales for the immediately

previous license or fiscal year $105 $ 35 $ 75

(d) Having $250,000 to

$1,000,000 gross sales for the

immediately previous license or

fiscal year $180 $ 50 $100

(e) Having $1,000,000 to

$5,000,000 gross sales for the

immediately previous license of

fiscal year $500 $100 $175

(f) Having $5,000,000 to

$10,000,000 gross sales for the

immediately previous license or

fiscal year $700 $150 $300

(g) Having over $10,000,000

gross sales for the immediately

previous license or fiscal year $800 $200 $350

2. Wholesale food handler

(a) Having gross sales or

service of less than $250,000

for the immediately previous

license or fiscal year $200 $ 50 $100

(b) Having $250,000 to

$1,000,000 gross sales or

service for the immediately

previous license or fiscal year $400 $100 $200

(c) Having $1,000,000

to $5,000,000 gross sales or

service for the immediately

previous license or fiscal year $500 $125 $250

(d) Having over $5,000,000

gross sales for the immediately

previous license or fiscal year $575 $150 $300

3. Food broker $100 $ 30 $ 50

4. Wholesale food processor

or manufacturer

(a) Having gross sales of less

than $250,000 for the immediately

previous license or fiscal year $275 $ 75 $150

(b) Having $250,000 to $1,000,000

gross sales for the immediately

previous license or fiscal year $400 $100 $200

(c) Having $1,000,000 to

$5,000,000 gross sales for the

immediately previous license or

fiscal year $500 $125 $250

(d) Having over $5,000,000

gross sales for the immediately

previous license or fiscal year $575 $150 $300

5. Wholesale food processor of

meat or poultry products

under supervision of the

U. S. Department of Agriculture

(a) Having gross sales of less

than $250,000 for the immediately

previous license or fiscal year $150 $ 50 $ 75

(b) Having $250,000 to $1,000,000

gross sales for the immediately

previous license or fiscal year $225 $ 75 $125

(c) Having $1,000,000 to

$5,000,000 gross sales for the

immediately previous license or

fiscal year $275 $ 75 $150

(d) Having over $5,000,000

gross sales for the immediately

previous license or fiscal year $325 $100$175

6. Wholesale food manufacturer

having the permission of the

commissioner to use the name

Minnesota farmstead cheese $ 30 $ 10 $ 15

7. Nonresident frozen dairy

manufacturer $200 $ 50 $ 75

8. Wholesale food manufacturer

processing less than 70,000

pounds per year of cultured

dairy food as defined in section

32.486, subdivision 1,

paragraph (b) $ 30 $ 10 $ 15

9. A milk marketing organization

without facilities for processing

or manufacturing that

purchases milk from milk

producers for delivery to a

licensed wholesale food processor

or manufacturer $ 50 $ 15 $ 25

Penalties

Type of Food Handler License License Late No

Fee Fee Renewal License

Effective Effective

7-1-95 7-1-96

(1) Retail food handler

(i) having gross sales

of only prepackaged

nonperishable food of

less than $15,000 for

the immediately previous

license or fiscal year

and filing a statement

with the commissioner $ 42 $ 45 $ 15 $ 25

(ii) having under

$15,000 gross sales

including food

preparation or having

$15,000 to $50,000

gross sales for the

immediately previous

license or fiscal year $ 58 $ 61 $ 15 $ 25

(iii) having $50,000

to $250,000 gross sales

for the immediately

previous license or

fiscal year $111 $118 $ 35 $ 75

(iv) having $250,000 to

$1,000,000 gross sales

for the immediately

previous license or

fiscal year $191 $202 $ 50 $100

(v) having $1,000,000 to

$5,000,000 gross sales

for the immediately

previous license or

fiscal year $530 $562 $100 $175

(vi) having $5,000,000

to $10,000,000 gross

sales for the

immediately previous

license or fiscal year $742 $787 $150 $300

(vii) having over

$10,000,000 gross sales

for the immediately

previous license or

fiscal year $848 $899 $200 $350

(2) Wholesale food handler

(i) having gross sales

or service of less than

$250,000 for the

immediately previous

license or fiscal year $212 $225 $ 50 $100

(ii) having $250,000 to

$1,000,000 gross sales

or service for the

immediately previous

license or fiscal year $424 $449 $100 $200

(iii) having $1,000,000

to $5,000,000 gross

sales or service for the

immediately previous

license or fiscal year $530 $562 $125 $250

(iv) having over

$5,000,000 gross sales

for the immediately

previous license or

fiscal year $610 $647 $150 $300

(3) Food broker $106 $112 $ 30 $ 50

(4) Wholesale food processor

or manufacturer

(i) having gross sales

of less than $250,000

for the immediately

previous license or

fiscal year $292 $310 $ 75 $150

(ii) having $250,000 to

$1,000,000 gross sales

for the immediately

previous license or

fiscal year $424 $449 $100 $200

(iii) having $1,000,000

to $5,000,000 gross

sales for the

immediately previous

license or fiscal year $530 $562 $125 $250

(iv) having over

$5,000,000 gross sales

for the immediately

previous license or

fiscal year $610 $647 $150 $300

(5) Wholesale food processor

of meat or poultry

products under

supervision of the

U. S. Department of

Agriculture

(i) having gross sales

of less than $250,000

for the immediately

previous license or

fiscal year $159 $169 $ 50 $ 75

(ii) having $250,000

to $1,000,000 gross

sales for the

immediately previous

license or fiscal year $239 $253 $ 75 $125

(iii) having $1,000,000

to $5,000,000 gross

sales for the

immediately previous

license or fiscal year $292 $310 $ 75 $150

(iv) having over

$5,000,000 gross sales

for the immediately

previous license or

fiscal year $345 $366 $100 $175

(6) Wholesale food

manufacturer having the

permission of the

commissioner to use the

name Minnesota farmstead

cheese $ 30 $ 30 $ 10 $ 15

(7) Nonresident frozen dairy

manufacturer $200 $200 $ 50 $ 75

(8) Wholesale food

manufacturer processing

less than 70,000 pounds

per year of cultured

dairy food as defined in

section 32.486,

subdivision 1,

paragraph (b) $ 30 $ 30 $ 10 $ 15

(9) A milk marketing

organization without

facilities for

processing or

manufacturing that

purchases milk from

milk producers for

delivery to a licensed

wholesale food processor

or manufacturer $ 50 $ 50 $ 15 $ 25

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to agriculture; changing certain fees related to food handling licenses; amending Minnesota Statutes 1994, section 28A.08."

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

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

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1994, section 518B.01, subdivision 4, is amended to read:

Subd. 4. [ORDER FOR PROTECTION.] There shall exist an action known as a petition for an order for protection in cases of domestic abuse.

(a) A petition for relief under this section may be made by any family or household member personally or on behalf of minor family or household members.

(b) A petition for relief shall allege the existence of domestic abuse, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

(c) A petition for relief must state whether there is an existing order for protection in effect under this chapter governing both the parties and whether there is a pending lawsuit, complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B, or 518C. The court administrator shall verify the terms of any existing order governing the parties. The court may not delay granting relief because of the existence of a pending action between the parties or the necessity of verifying the terms of an existing order. A subsequent order in a separate action under this chapter may modify only the provision of an existing order that grants relief authorized under subdivision 6, paragraph (a), clause (1). A petition for relief may be granted, regardless of whether there is a pending action between the parties.

(d) The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section.

(e) The court shall advise a petitioner under paragraph (d) of the right to file a motion and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist with the writing and filing of the motion and affidavit.

(f) The court shall advise a petitioner under paragraph (d) of the right to serve the respondent by published notice under subdivision 5, paragraph (b), if the respondent is avoiding personal service by concealment or otherwise, and shall assist with the writing and filing of the affidavit.

(g) The court shall advise the petitioner of the right to seek restitution under the petition for relief.

(h) The court shall advise the petitioner of the right to request a hearing under subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall advise the petitioner that the respondent may request a hearing and that notice of the hearing date and time will be provided to the petitioner by mail at least five days before the hearing."

Page 2, line 2, after the period, insert "The portion of documents submitted to the court that contains information regarding the petitioner's location or residence shall not be open to the public or its contents disclosed, except to a law enforcement agency conducting a lawful investigation."

Page 3, line 12, delete "seven" and insert "ten"

Page 3, line 13, after "days" insert "or earlier than eight days"

Page 3, line 19, after "subdivision" insert "must include a notice advising the respondent of the right to request a hearing,"

Page 3, line 20, after "hearing" insert a comma

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 5, delete "5" and insert "4, 5,"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1008, A bill for an act relating to family law; authorizing courts to require parties to participate in orientation programs in proceedings involving children; proposing coding for new law in Minnesota Statutes, chapter 518.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [518.157] [ORIENTATION IN PROCEEDINGS INVOLVING CHILDREN.]

In a proceeding under this chapter involving custody, support, or visitation of children, the court may require the parties to attend an orientation and education program regarding the proceedings and the impact on the children. Upon request of a party and a showing of good cause, the court shall excuse the party from attending the program. Parties may be required to pay a fee to cover the cost of the program, except that if a party is entitled to proceed in forma pauperis under section 563.01, the court shall waive the fee or direct its payment under section 563.01. The court may not require the parties to attend the same orientation session."

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

The report was adopted.

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

H. F. No. 1014, A bill for an act relating to energy; regulating wind energy conversion systems siting; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 116C.

Reported the same back with the following amendments:

Page 1, line 9, delete "116C.697" and insert "116C.696"

Page 2, lines 5 and 19, delete "116C.697" and insert "116C.696"

Page 2, line 6, delete "116C.697" and insert "116C.696"

Page 2, line 28, delete "(a)"

Page 3, line 11, after the semicolon, insert "and"

Page 3, line 14, delete "116C.697; and" and insert "116C.696."

Page 3, delete lines 15 to 22

Page 3, delete section 7

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

The report was adopted.

Kahn from the Committee on Governmental Operations 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, subdivisions 2, 4, and by adding a subdivision; 245A.07, subdivision 3; 245A.09, by adding subdivisions; 245A.14, subdivision 6; 256.12, subdivision 14; 256.82, by adding a subdivision; 256.8711; 256D.02, subdivision 5; 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; 257.3571, subdivision 1; 257.3572; and 257.3577, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 245A; repealing Minnesota Statutes 1994, sections 256F.05, subdivisions 2a and 4a; and 256F.06, subdivision 3.

Reported the same back with the following amendments:

Pages 1 and 2, delete sections 1 and 2

Pages 16 to 18, delete sections 13 to 18

Page 40, line 4, delete "20" and insert "12"

Page 40, line 6, delete "22" and insert "14"

Page 40, line 7, delete "24 to 38" and insert "16 to 29"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, lines 2 and 3, delete "defining interpretive guidelines;"

Page 1, line 8, delete everything after "sections"

Page 1, line 9, delete "by adding a subdivision;"

Page 1, line 12, delete "245A.09, by adding"

Page 1, line 13, delete "subdivisions;"

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

The report was adopted.

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

H. F. No. 1063, A bill for an act relating to the city of Duluth; making certain statutory provisions concerning public utilities applicable to the city of Duluth; authorizing a demonstration project to develop methods to prevent the infiltration and inflow of storm water into the city's sanitary sewer system.

Reported the same back with the following amendments:

Page 2, delete section 3

With the recommendation that when so amended the bill pass.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1082, A bill for an act relating to cooperatives; permitting certain optional voting systems for cooperatives that have other cooperatives as members; amending Minnesota Statutes 1994, sections 308A.131, subdivision 1; 308A.635, subdivision 1; and 308A.641.

Reported the same back with the following amendments:

Page 3, line 18, delete "for" and insert "the delegates elected by"

Page 3, line 22, delete "member" and insert "members in the voting units"

Page 3, line 24, delete "member" and insert "members of the voting units"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1123, A bill for an act relating to criminal justice information systems; expanding the crimes for which fingerprints are taken; extending the effective date for submission of diversion data; appropriating money; amending Minnesota Statutes 1994, sections 299C.10, subdivision 1; 388.24, subdivision 4; and 401.065, subdivision 3a.

Reported the same back with the following amendments:

Page 1, line 20, strike "committing" and insert "arrested for"

Page 2, line 7, delete "committing" and insert "arrested for"

Page 2, line 9, delete "committing" and insert "arrested for"

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

The report was adopted.

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

H. F. No. 1136, A bill for an act relating to controlled substances; medical care; allowing physicians to prescribe marijuana and Tetrahydrocannabinols for the treatment of any medical conditions; amending Minnesota Statutes 1994, sections 152.02, subdivisions 2 and 3; and 152.21, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 152; repealing Minnesota Statutes 1994, sections 152.21, subdivisions 1, 2, 3, 4, 5, and 7.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 152.02, subdivision 2, is amended to read:

Subd. 2. The following items are listed in Schedule I:

(1) Any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: Acetylmethadol; Allylprodine; Alphacetylmethadol; Alphameprodine;

Alphamethadol; Benzethidine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; Clonitazene; Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; Piritramide; Proheptazine; Properidine; Racemoramide; Trimeperidine.

(2) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine; Heroin; Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; Thebacon.

(3) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: 3,4-methylenedioxy amphetamine; 4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; Bufotenine; Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy amphetamine; 4-methyl-2, 5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) pyrrolidine.

(4) Peyote, providing the listing of peyote as a controlled substance in schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian Church, and members of the American Indian Church are exempt from registration. Any person who manufactures peyote for or distributes peyote to the American Indian Church, however, is required to obtain federal registration annually and to comply with all other requirements of law.

(5) Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

Mecloqualone.

Sec. 2. Minnesota Statutes 1994, section 152.02, subdivision 3, is amended to read:

Subd. 3. The following items are listed in Schedule II:

(1) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, including the following: raw opium, opium extracts, opium fluid extracts, powdered opium, granulated opium, tincture of opium, apomorphine, codeine, ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, oxycodone, oxymorphone, thebaine.

(b) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (a), except that these substances shall not include the isoquinoline alkaloids of opium.

(c) Opium poppy and poppy straw.

(d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine, the salts and isomers of cocaine and ecgonine, and the salts of their isomers.

(e) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (d), except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, or unless listed in another schedule, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: Alfentanil; Alphaprodine; Anileridine; Bezitramide; Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; Isomethadone; Levomethorphan; Levorphanol; Metazocine; Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane; Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid; Pethidine; Pethidine - Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine; Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; Phenazocine; Piminodine; Racemethorphan; Racemorphan.

(3) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

(a) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(b) Methamphetamine, its salts, isomers, and salts of its isomers;

(c) Phenmetrazine and its salts;

(d) Methylphenidate.

(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(a) Methaqualone

(b) Amobarbital

(c) Secobarbital

(d) Pentobarbital

(e) Phencyclidine

(f) Phencyclidine immediate precursors:

(i) 1-phenylcyclohexylamine

(ii) 1-piperidinocyclohexanecarbonitrile.

(5) Marijuana or Tetrahydrocannabinols.

Sec. 3. [152.0272] [AFFIRMATIVE DEFENSE.]

It is an affirmative defense to a prosecution for unlawful possession of marijuana or Tetrahydrocannabinols under sections 152.021 to 152.027 if the defendant proves by a preponderance of the evidence that the defendant had a need to use the marijuana or Tetrahydrocannabinols for the treatment of a medical condition as provided in section 152.22, and that the marijuana or Tetrahydrocannabinols was dispensed according to chapter 151. This provision is not intended to condone or promote the growing, use, or possession of marijuana or Tetrahydrocannabinols for purposes other than as specified in this section.

Sec. 4. [152.22] [PRESCRIPTIONS FOR MARIJUANA OR TETRAHYDROCANNABINOLS.]

Subdivision 1. [DEFINITION.] For the purposes of this section, "medical condition" means a condition such as the following, and for which other medications have not provided sufficient relief to the patient:

(1) cancer and other conditions that may require chemotherapy or radiation therapy;

(2) spastic conditions, including, but not limited to, cerebral palsy;

(3) vascular conditions;

(4) epilepsy;

(5) glaucoma;

(6) neuralgia;

(7) HIV/AIDS, Chron's disease, or other wasting disorders;

(8) scleroderma;

(9) cystic fibrosis; or

(10) severe intractable pain.

Subd. 2. [PERMITTED ACTIVITIES.] (a) The following are not violations under this chapter:

(1) use or possession of marijuana or Tetrahydrocannabinols, or both, by a patient to whom it was prescribed by a physician for the treatment of a medical condition, as defined in subdivision 1;

(2) possession, prescribing, administering, or dispensing marijuana or Tetrahydrocannabinols by a licensed physician or pharmacist acting to fill a prescription by a licensed physician for the treatment of a medical condition, as defined in subdivision 1; and

(3) importation or distribution of marijuana or Tetrahydrocannabinols into the state from any licensed federal manufacturing facility of cannaboid-containing materials under federal regulations.

(b) Marijuana and Tetrahydrocannabinols obtained and distributed under this section are not subject to forfeiture under sections 609.531 to 609.5316.

Subd. 3. [PILOT PROGRAM TO CONTROL QUALITY OF MEDICINAL MARIJUANA OR THC.] The board of regents of the University of Minnesota, through the University of Minnesota school of pharmacy, is requested to develop and implement a pilot program to produce medicinal quality marijuana or THC for the purpose of supplying requesting pharmacists or physicians who are filling prescriptions as permitted under this section. In implementing the pilot program, the board of regents shall consult with the federal Drug Enforcement Agency to obtain any required federal licensure and to satisfy any federal quality control requirements.

Sec. 5. [REPORT ON UNLAWFUL ACTIVITIES.]

By February 1, 1997, the attorney general shall report to the legislature on the incidence of any unlawful activities which are directly related to the provision under Minnesota Statutes, section 152.22, which permits a physician to prescribe marijuana or Tetrahydrocannabinols for the treatment of certain medical conditions. In preparing this report the attorney general may rely on information provided by local law enforcement agencies.

Sec. 6. [REPEALER.]

Minnesota Statutes 1994, section 152.21, is repealed.

Sec. 7. [EFFECTIVE DATE.]

Sections 1 to 6 are effective August 1, 1995, and apply to acts occurring on or after that date.

Sec. 8. [SUNSET PROVISION.]

Sections 1 to 4 are repealed effective August 1, 1997. Notwithstanding Minnesota Statutes, section 645.34, the repeal of sections 1 and 2 of this act revive the provisions of Minnesota Statutes 1994, section 152.02, subdivisions 2 and 3, that were in effect before August 1, 1995."

Delete the title and insert:

"A bill for an act relating to controlled substances; medical care; allowing physicians to prescribe marijuana and Tetrahydrocannabinols for the treatment of specified medical conditions; amending Minnesota Statutes 1994, section 152.02, subdivisions 2 and 3; proposing coding for new law in Minnesota Statutes, chapter 152; repealing Minnesota Statutes 1994, section 152.21."

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

` The report was adopted.

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

H. F. No. 1153, A bill for an act relating to transportation; authorizing cities, counties, and transit commissions and authorities outside the metropolitan area to provide certain paratransit outside their service areas; requiring such service to be under contract; amending Minnesota Statutes 1994, section 174.24, by adding a subdivision.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1189, A bill for an act relating to courts; guardians ad litem; specifying the responsibilities of a guardian ad litem in juvenile and family court; requiring a report by the state court administrator; amending Minnesota Statutes 1994, sections 260.155, subdivision 4; and 518.165, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 260.155, subdivision 4, is amended to read:

Subd. 4. [GUARDIAN AD LITEM.] (a) The court shall appoint a guardian ad litem to protect the interests of the minor when it appears, at any stage of the proceedings, that the minor is without a parent or guardian, or that the minor's parent is a minor or incompetent, or that the parent or guardian is indifferent or hostile to the minor's interests, and in every proceeding alleging a child's need for protection or services under section 260.015, subdivision 2a, clauses (1) to (10). In any other case the court may appoint a guardian ad litem to protect the interests of the minor when the court feels that such an appointment is desirable. The court shall appoint the guardian ad litem on its own motion or in the manner provided for the appointment of a guardian ad litem in the district court.

(b) A guardian ad litem shall carry out the following responsibilities:

(1) conduct an independent investigation to determine the facts relevant to the situation of the child and the family, which must include, unless specifically excluded by the court:

(i) reviewing relevant documents;

(ii) as appropriate, meeting regularly with and observing the child in the home setting and considering the child's wishes; and

(iii) interviewing parents, caregivers, and others with knowledge relevant to the case;

(2) advocate for the child's best interests by participating in appropriate aspects of the case and advocating for appropriate community services when necessary;

(3) maintain the confidentiality of information related to a case, with the exception of sharing information as permitted by law to promote cooperative solutions that are in the best interests of the child;

(4) monitor the child's best interests throughout the judicial proceeding; and

(5) present written reports on the child's best interests that include conclusions and recommendations and the facts upon which they are based.

(c) The court may waive the appointment of a guardian ad litem pursuant to clause (a), whenever counsel has been appointed pursuant to subdivision 2 or is retained otherwise, and the court is satisfied that the interests of the minor are protected.

(c) (d) In appointing a guardian ad litem pursuant to clause (a), the court shall not appoint the party, or any agent or employee thereof, filing a petition pursuant to section 260.131.

(d) (e) The following factors shall be considered when appointing a guardian ad litem in a case involving an Indian or minority child:

(1) whether a person is available who is the same racial or ethnic heritage as the child or, if that is not possible;

(2) whether a person is available who knows and appreciates the child's racial or ethnic heritage.

Sec. 2. Minnesota Statutes 1994, section 518.165, is amended by adding a subdivision to read:

Subd. 2a. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A guardian ad litem shall carry out the following responsibilities:

(1) conduct an independent investigation to determine the facts relevant to the situation of the child and the family, which must include, unless specifically excluded by the court:

(i) reviewing relevant documents;

(ii) as appropriate, meeting regularly with and observing the child in the home setting and considering the child's wishes; and

(iii) interviewing parents, caregivers, and others with knowledge relevant to the case;

(2) advocate for the child's best interests by participating in appropriate aspects of the case and advocating for appropriate community services when necessary;

(3) maintain the confidentiality of information related to a case, with the exception of sharing information as permitted by law to promote cooperative solutions that are in the best interests of the child;

(4) monitor the child's best interests throughout the judicial proceeding; and

(5) present written reports on the child's best interests that include conclusions and recommendations and the facts upon which they are based.

Sec. 3. [REPORT.]

The state court administrator shall report to the chairs of the judiciary committees in the house of representatives and the senate by February 15, 1996, on the implementation of the 1995 report of the legislative auditor on guardians ad litem. The report shall address revision of the guidelines and adoption of rules to deal with:

(1) guardian ad litem selection, training, evaluation, and removal;

(2) distinguishing the roles of guardians ad litem and custody investigators;

(3) developing procedures for guardians ad litem to work with parents who have an order for protection;

(4) requiring judges to write more detailed appointment orders defining their expectations of the guardian ad litem role;

(5) ascertaining and communicating to the court the wishes of the child regarding matters before the court;

(6) standards for contact between the guardian ad litem and the child, specifying when limited or no contact with the child may be appropriate;

(7) developing a procedure for bringing complaints against a guardian ad litem; and

(8) specifying selection criteria, responsibilities, and necessary training for a guardian ad litem program coordinator.

The report shall also describe how the supreme court will educate parents, judges, attorneys, and other professionals about the purpose and role of guardians ad litem.

In addressing the revision of the guidelines and adoption of rules, the supreme court is requested to consult with interest groups, advocacy groups, and the public."

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

The report was adopted.

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

H. F. No. 1236, A bill for an act relating to Sand Dunes state forest; directing establishment of a shooting area; appropriating money.

Reported the same back with the following amendments:

Page 1, line 9, delete everything after the period

Page 1, delete lines 10 to 13 and insert:

"Target, skeet, trap, or indiscriminate shooting is prohibited on state lands in the Sand Dunes State Forest, except in the area developed as a shooting area. Discharge of firearms for the purpose of lawful hunting is permitted during the open seasons for taking of wild animals unless restricted by rule."

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

The report was adopted.

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

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

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 169.04, is amended to read:

169.04 [LOCAL AUTHORITIES.]

The provisions of this chapter shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction, and with the consent of the commissioner, with respect to state trunk highways, within the corporate limits of a municipality, or within the limits of a town in a county in this state now having or which may hereafter have, a population of 500,000 or more, and a land area of not more than 600 square miles, and within the reasonable exercise of the police power from:

(1) Regulating the standing or parking of vehicles;

(2) Regulating traffic by means of police officers or traffic-control signals;

(3) Regulating or prohibiting processions or assemblages on the highways;

(4) Designating particular highways as one-way roadways and requiring that all vehicles, except emergency vehicles, when on an emergency run, thereon be moved in one specific direction;

(5) Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the same, or designating any intersection as a stop intersection, and requiring all vehicles to stop at one or more entrances to such intersections;

(6) Restricting the use of highways as authorized in sections 169.80 to 169.88; and

(7) Prohibiting any person from constructing, maintaining, or permitting a wire, cable, rope, or other single strand barrier across any public or private driveway, road, or trail if the driveway, road, or trail is adjacent to or provides access to or from a state recreational snowmobile trail or a grant-in-aid snowmobile trail.

No ordinance or regulation enacted under clause (4), (5), or (6) shall be effective until signs giving notice of such local traffic regulations are posted upon and kept posted upon or at the entrance to the highway or part thereof affected as may be most appropriate. No ordinance or regulation enacted under clause (3) or any other provision of law shall prohibit the use of motorcycles utilizing flashing red lights for the purpose of escorting funeral processions, oversize buildings, heavy equipment, parades or similar processions or assemblages on the highways."

Delete the title and insert:

"A bill for an act relating to highway traffic regulations; allowing counties to prohibit certain barriers across roads, driveways and trails that are adjacent to or provide access to or from a snowmobile trail; amending Minnesota Statutes 1994, section 169.04."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

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

Reported the same back with the following amendments:

Page 10, after line 29, insert:

"(e) Persons serving internships pursuant to section 149A.20, subdivision 6, or students officially registered for a practicum through an accredited college or university or a college of funeral service education accredited by the American Board of Funeral Service Education are not required to be licensed, provided that the persons or students act under the direct and exclusive supervision of a person holding a current license to practice mortuary science in Minnesota."

Page 11, after line 2, insert:

"Subd. 3. [ARRANGEMENTS FOR DISPOSITION.] "Arrangements for disposition" means any action normally taken by a funeral provider in anticipation of or preparation for the entombment, burial in a cemetery, or cremation of a dead human body."

Page 11, line 13, after "of" insert "a" and delete "bodies" and insert "body"

Page 12, line 9, delete "partnership, corporation, or association" and insert "or other legal entity"

Page 13, after line 22, insert:

"Subd. 25. [GRAVESIDE SERVICE.] "Graveside service" means a service or rite, conducted at the place of interment, commemorating the deceased with the body present."

Page 14, after line 24, insert:

"Subd. 34. [PRACTICUM STUDENT.] "Practicum student" means a person officially registered for a practicum through an accredited college or university or a college of funeral service education accredited by the American Board of Funeral Service Education."

Renumber the subdivisions in section 5 in sequence

Page 14, line 33, delete "a funeral" and insert "final disposition" and after "include" insert ", but are not limited to,"

Page 22, line 14, delete everything after the period and insert:

"All penalties due under this"

Page 23, line 24, delete "to the commissioner"

Page 27, line 15, after the comma, insert "or"

Page 33, line 19, delete "entering" and insert "within"

Page 35, line 5, delete "entering" and insert "within"

Page 39, line 28, delete "entering" and insert "within"

Page 42, line 8, delete "the person, or other legal entity to whom"

Page 43, line 10, delete "and the"

Page 43, line 11, delete "appropriate fees"

Page 43, line 20, delete "and appropriate fee"

Page 44, line 12, delete "entering" and insert "within"

Page 44, delete lines 14 to 17

Page 44, line 21, delete everything after the first period

Renumber the subdivisions in sequence

Page 45, line 3, delete "and the renewal fee"

Page 45, line 13, delete "and"

Page 45, line 14, delete "appropriate fee"

Page 46, line 5, delete "and renewal fee are" and insert "is"

Page 46, line 7, delete "2" and insert "3"

Page 46, line 19, delete "renewal fee and"

Page 46, line 20, after the first comma, insert "and" and delete everything after "premise"

Page 46, line 21, delete everything before the comma

Page 46, delete lines 28 to 31

Renumber the subdivisions in sequence

Page 48, line 19, delete "board" and insert "commissioner"

Page 48, delete lines 26 to 31

Page 48, line 32, delete "8" and insert "6"

Page 49, line 1, delete "9" and insert "7"

Page 49, line 7, delete "10" and insert "8"

Page 49, line 10, after "IMMUNITY" insert a semicolon

Page 50, line 2, delete everything after "licensee" and insert "operates a crematory or crematorium"

Page 50, delete line 3

Page 50, line 4, delete everything before the period

Page 50, line 24, after the semicolon, insert "and"

Page 50, line 28, delete "; and" and insert a period

Page 50, delete lines 29 to 31, and insert:

"Any"

Page 50, line 35, after "licensed" insert "or unlicensed"

Page 52, line 6, after "abusing," insert "or" and delete "or otherwise"

Page 52, line 7, delete "threatening"

Page 52, line 18, after "substances" insert "that substantially impair a person's work related judgment or performance"

Page 66, line 12, after the period, insert:

"For purposes of this subdivision the appropriate public or court authority includes the county board of the county in which the death occurred if the person dies without apparent financial means to provide for final disposition or the district court in the county in which the death occurred."

Page 69, line 34, delete "purposes" and insert "purpose"

Page 71, line 23, after "person" insert "or a representative of the legal entity with" and delete "in"

Page 71, line 35, after "individual" insert "or representative of the legal entity"

Page 72, line 2, after "given" insert ", where possible," and after "person" insert "or representative of the legal entity"

Page 73, line 11, delete "or aircraft"

Page 75, line 1, after "body" insert "or the body will be lawfully stored for final disposition in the future"

Page 75, line 3, delete everything after "viewed" and insert "; or"

Page 75, delete lines 4 to 6

Page 75, line 17, delete "process" and insert "nature"

Page 75, line 24, after "disposition" insert "or that person's legal designee"

Page 75, line 34, delete "and mortician,"

Page 75, line 35, delete "intern, or practicum student who" and insert "that"

Page 76, line 6, after "or" delete "the" and insert "that"

Page 78, line 10, delete the first "prior"

Page 78, line 33, delete the first "the" and insert "that"

Page 80, line 4, after "used" insert "in the room"

Page 81, line 10, delete everything after "completed" and insert "or the issuing authority receives firm assurances that the death certificate will be completed within a reasonable amount of time not to exceed seven calendar days from the issuance of the permit."

Page 81, delete line 11

Page 81, line 18, delete the second "the" and insert "that"

Page 81, line 19, delete "145A.40" and insert "145A.04"

Page 82, line 12, delete "or aircraft"

Page 83, line 1, after "persons" insert "as described above"

Page 83, line 20, delete "3" and insert "2"

Page 83, line 26, delete "the" and insert "a"

Page 86, line 29, after "container" insert "or casket"

Page 86, line 32, after "certificate" insert "or a signed release authorizing cremation of the body received from the coroner or medical examiner"

Page 87, line 24, delete "where" and insert "whereby"

Page 88, line 2, after "container" insert "or casket"

Page 91, line 1, after "crematory" insert "or funeral establishment"

Page 91, line 7, after "crematory" insert "or funeral establishment"

Page 92, line 14, before and after "transit" insert a hyphen

Page 92, line 23, delete everything after "CEMETERY.]"

Page 92, delete line 24

Page 92, line 25, delete "cemetery."

Page 92, line 26, delete "with" and insert "within the same dedicated cemetery upon receipt of"

Page 92, line 28, delete everything after "149A.80"

Page 92, delete line 29

Page 92, line 30, delete everything before the period

Page 92, line 36, before and after "transit" insert a hyphen

Page 93, line 16, before and after "transit" insert a hyphen

Page 94, line 12, delete "in a"

Page 94, delete line 13

Page 94, line 14, delete everything before the period

Page 94, line 27, after the period, insert "Where the body or remains are to be removed from a dedicated cemetery for reinterment elsewhere, the authority issuing the disinterment-transit-reinterment permit shall forward a photocopy of the issued permit to the state registrar to be filed with the original death certificate."

Page 95, line 28, after "Minnesota" insert "selling approved insurance or annuity products"

Page 96, line 8, after the period, insert "Except as otherwise provided by law,"

Page 96, line 10, after "shall" insert "not" and delete everything after "limited" and insert "provided that an itemized statement of goods and services selected is made part of the trust agreement and the funds deposited are equal to but do not exceed the at-purchase value of the goods and services selected."

Page 96, delete lines 11 to 13

Page 96, line 36, after the period, insert "For purposes of this section, distribute does not mean transferring the trust funds to different investment accounts within an institution or between institutions provided that the depositor as trustee does not have sole access to the funds in a negotiable form. This section shall be construed to limit the depositor's access to trust funds, in a negotiable form, prior to the death of a beneficiary."

Page 97, line 4, delete "or"

Page 97, line 5, delete "reasonable"

Page 97, line 10, delete "that"

Page 97, line 11, delete "information" and insert "the location of the trust account"

Page 97, line 22, delete "or"

Page 97, line 23, delete "reasonable," and after "value" delete the comma

Page 98, line 3, delete everything after the period

Page 98, delete lines 4 to 7

Page 98, line 8, delete everything before "All"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

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

Reported the same back with the following amendments:

Page 1, line 10, delete "are" and insert "or material which is hazardous waste is"

Page 1, line 16, delete the first comma and insert "and" and delete ", and attorney fees"

Page 1, line 24, delete "20" and insert "30"

Page 2, lines 2 and 5, delete "20-day" and insert "30-day"

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. 1340, A bill for an act relating to game and fish; authorizing a new deer license; amending Minnesota Statutes 1994, section 97A.475, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 97B.

Reported the same back with the following amendments:

Page 1, line 22, delete the first comma and insert "or" and delete "or muzzle-loading"

Page 1, line 23, delete "firearms,"

Page 2, line 1, delete the first comma and insert "or" and delete ", or muzzle-loading firearms,"

Page 2, line 2, delete everything after "method" and insert a period

Page 2, delete lines 3 to 5

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1360, A bill for an act relating to crime prevention; directing the peace officer standards and training board to review its minimum standards of conduct every three years; requiring certain information to be compiled; requiring a model policy regarding professional conduct to be developed; directing a study; requiring reports; appropriating money; amending Minnesota Statutes 1994, section 626.843, subdivision 1.

Reported the same back with the following amendments:

Page 2, lines 7 and 8, strike "on or before July 1, 1979"

Page 3, after line 23, insert:

"Sec. 2. [626.8431] [AUTOMATIC LICENSE REVOCATION.]

The license of a peace officer convicted of a felony is automatically revoked. For purposes of this section, "conviction" includes a finding of guilty, whether or not the adjudication of guilt is stayed or executed, an admission of guilt, or a no contest plea."

Page 3, delete lines 26 to 36 and insert:

"Subdivision 1. [INFORMATION REQUIRED TO BE COMPILED BY THE PEACE OFFICER STANDARDS AND TRAINING BOARD.] The peace officer standards and training board shall compile summary, statistical information on peace officers alleged to have violated Minnesota Statutes, sections 609.224, subdivision 1; 518B.01, subdivision 14;

609.748, subdivision 6; or 609.749. This information must include a brief description of the facts of each incident, and a brief description of the final disposition of the case, including any disciplinary action taken or referrals made to mental health professionals. The information compiled by the board shall not include the names of the individual officers involved in the incidents."

Page 4, line 6, delete "any relevant" and insert "the information described in subdivision 1."

Page 4, delete lines 7 to 9

Page 4, line 18, delete "and" and insert "to include, but not necessarily be limited to, conduct that violates Minnesota Statutes, section 609.43, whether or not there has been a conviction for a violation of that section. The policy must also"

Page 4, delete lines 29 to 31, and insert:

"Subd. 3. [REPORT ON ALLEGED MISCONDUCT.] A chief law enforcement officer shall report annually to the board summary data regarding the investigation and disposition of cases involving alleged misconduct, indicating the total number of investigations, the total number by each subject matter, the number dismissed as unfounded, and the number dismissed on grounds that the allegation was unsubstantiated."

Page 5, line 9, delete "4" and insert "5"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after "years" insert "; providing for automatic license revocation for peace officers convicted of felonies"

Page 1, line 9, before the period, insert "; proposing coding for new law in Minnesota Statutes, chapter 626"

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

The report was adopted.

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

H. F. No. 1369, A bill for an act relating to health; encouraging breast feeding; establishing a well-baby designation; exempting breast-feeding from indecent exposure; amending Minnesota Statutes 1994, section 617.23; proposing coding for new law in Minnesota Statutes, chapter 145.

Reported the same back with the following amendments:

Page 2, line 19, delete "should" and insert "may"

Page 2, lines 25 and 27, after "mothers" insert "who choose to breast-feed"

Page 2, line 29, after "infants" insert "of mothers who choose to breast-feed"

Page 2, line 33, after "demand" insert "for mothers who choose to breast-feed"

Page 3, line 1, after "mothers" insert "who choose to breast-feed"

Amend the title as follows:

Page 1, line 3, delete everything before "exempting"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1402, A bill for an act relating to motor vehicles; authorizing issuance of original license plates 20 or more years old to a registered passenger automobile; authorizing registrar to charge a fee; amending Minnesota Statutes 1994, section 168.12, by adding a subdivision.

Reported the same back with the following amendments:

Page 2, after line 9, insert:

"(e) Notwithstanding subdivision 1, original license plates assigned under this subdivision need not bear a tab or sticker to indicate the month or year of registration if the vehicle carries the registration certificate issued under section 168.11 at all times when the vehicle is operated on the public highways."

Page 2, line 10, delete "(e)" and insert "(f)"

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

The report was adopted.

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

H. F. No. 1406, A bill for an act relating to the city of Roseville; authorizing the creation of special service districts in the city; exempting a certain hazardous substance subdistrict within a tax increment district from the LGA/HACA offset.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [CITY OF ROSEVILLE; ESTABLISHMENT OF SPECIAL SERVICE DISTRICTS.]

Subdivision 1. [DEFINITIONS.] (a) For the purpose of this section, the terms defined have the meanings given them.

(b) "City" means the city of Roseville.

(c) "Special services" means:

(1) all services rendered or contracted for by the city, including the repair, maintenance, operation, and construction of any improvement authorized by Minnesota Statutes, section 429.021;

(2) maintenance of landscape and streetscape improvements installed by the city; and

(3) any other service provided to the public by the city as authorized by law or charter.

Subd. 2. [ESTABLISHMENT OF DISTRICTS.] The governing body of the city of Roseville may adopt ordinances establishing special service districts. The provisions of Minnesota Statutes, chapter 428A, govern the establishment and operation of special service districts in the city.

Sec. 2. [EXEMPTION FROM LGA/HACA OFFSET.]

The hazardous substance subdistrict (No. 11A) approved by the governing body of the city of Roseville in the tax increment financing plan for tax increment financing district No. 11 in the city of Roseville is exempt from Minnesota Statutes, section 273.1399.

Sec. 3. [ROSEVILLE; TAX INCREMENT.]

Subdivision 1. [COMPUTATION OF TAX INCREMENT.] Notwithstanding the provisions of Minnesota Statutes, section 469.177, subdivision 3, paragraph (c), the governing body of the city of Roseville may change its election of a method for computing tax increment for the tax increment financing district No. 11 certified on March 26, 1990, and known as the Twin Lakes Redevelopment District and for Roseville hazardous substance subdistrict No. 11A. The governing body may change its election from the computation in Minnesota Statutes, section 469.177, subdivision 3, paragraph (b), to the computation in Minnesota Statutes, section 469.177, subdivision 3, paragraph (a).

Subd. 2. [FISCAL DISPARITY.] Notwithstanding the provisions of Minnesota Statutes, section 473F.02, the governing body of the city of Roseville may elect to exclude from the definition of commercial-industrial property under Minnesota Statutes, section 473F.02, subdivision 3, that portion of the property which is located within Roseville hazardous substance subdistrict No. 11A. The exclusion must terminate upon certification by the city of Roseville that the cost of the removal and remedial actions specified in the development response action plan for the subdistrict have been paid or reimbursed. The election by the governing body pursuant to this subdivision shall be submitted to the county auditor at the time of the request for certification of the subdistrict under Minnesota Statutes, section 469.174, subdivision 7, paragraph (b).

Sec. 4. [ORIGINAL LOCAL TAX RATE.]

Notwithstanding the provisions of Minnesota Statutes, section 469.177, subdivision 1a, the original local tax rate for Roseville hazardous substance subdistrict No. 11A shall be the sum of all the local tax rates that apply to the property in the subdistrict at the time the subdistrict is certified by the county auditor. The resulting tax capacity rate is the original local tax rate for the life of the subdistrict. The original local tax rate shall revert to the original local tax rate of the overlying tax increment district No. 11 once the subdistrict is decertified.

Sec. 5. [LOCAL APPROVAL.]

This act is effective the day following final enactment, after the governing body of the city of Roseville complies with Minnesota Statutes, section 645.021, subdivision 3."

Amend the title as follows:

Page 1, line 5, after "a" insert "certain"

Page 1, line 6, before the period, insert "and from certain other limitations"

With the recommendation that when so amended 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. 1434, A bill for an act relating to transportation; authorizing issuance of permits for 12-foot wide loads of baled straw; amending Minnesota Statutes 1994, sections 169.851, subdivision 1; and 169.862.

Reported the same back with the following amendments:

Page 1, line 23, after "vehicle" insert ", having a maximum width of 102 inches,"

Page 1, line 24, after the comma, insert "each bale having a minimum size of four feet by four feet by eight feet,"

Page 1, line 25, delete "the vehicle or"

Page 2, after line 30, insert:

"Sec. 3. Minnesota Statutes 1994, section 171.02, subdivision 2a, is amended to read:

Subd. 2a. [EXCEPTION TO HAZARDOUS MATERIALS ENDORSEMENT EXCEPTIONS.] Notwithstanding subdivision 2, (1) a hazardous materials endorsement is not required to operate a vehicle having a gross vehicle weight of 26,000 pounds or less while carrying in bulk tanks a total of not more than 200 gallons of petroleum products and (2) a class CC license or hazardous material endorsement is not required to operate a vehicle having a gross vehicle weight of 26,000 pounds or less while carrying in bulk tanks a total of not more than 1,500 gallons of liquid fertilizer.

Sec. 4. [EFFECTIVE DATE.]

Section 3 is effective the day following final enactment."

Amend the title as follows:

Page 1, line 5, delete "and" and before the period, insert "; and 171.02, subdivision 2a"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1437, A bill for an act relating to employment; requiring disclosure to recruited employees in the food processing industry; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 181.

Reported the same back with the following amendments:

Page 1, line 11, delete "any" and insert "a"

Page 1, delete lines 19 to 21 and insert:

"(c) "Recruits" means to induce an individual, directly or through an agent, to relocate to Minnesota to work in food processing by an offer of employment."

Page 2, line 6, delete everything after "work"

Page 2, line 7, delete "work is permanent"

Page 2, line 15, after "availability" insert "and description"

Page 2, line 16, after the semicolon, insert "and"

Page 2, delete lines 17 and 18

Page 2, line 19, delete "(11)" and insert "(10)"

Page 2, line 22, delete "of the terms and conditions of"

Page 2, line 23, delete "employment"

Page 2, line 24, after the period, insert "The disclosure requirement does not apply to an exempt employee as defined in United States Code, title 29, section 213(a)(1)."

Page 2, line 25, delete "the primary language of the person"

Page 2, line 26, delete "recruited" and insert "English and Spanish"

Page 2, line 29, after the period, insert "The disclosure may not be construed as an employment contract."

Page 2, line 31, delete "to relocate"

Page 2, line 32, after "providing" insert "the"

Page 2, line 33, after "disclosure" insert "required" and delete everything after the period

Page 2, delete lines 34 and 35

Page 3, line 1, delete the comma, and insert "or false"

Page 3, line 2, delete ", or omits information from a disclosure"

Page 3, line 6, delete "twice their" and insert "the person's"

Page 3, line 9, delete "A"

Page 3, delete lines 10 and 11

Page 3, line 18, after "use" insert "at the employer's option"

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. 1457, A bill for an act relating to state lands; authorizing the commissioner of natural resources to sell certain acquired state lands located in Becker county.

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

The report was adopted.

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

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

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. 1522, A bill for an act relating to state finance; adding certain human services obligations to the requirement that state agencies promptly pay their bills; amending Minnesota Statutes 1994, section 16A.124, subdivision 8.

Reported the same back with the following amendments:

Page 1, line 19, delete "the day following final enactment" and insert "January 1, 1996,"

With the recommendation that when so amended the bill pass.

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 1533, A bill for an act relating to housing; authorizing planning for a residential facility for Indian students at Fond du Lac Community College; appropriating money.

Reported the same back with the following amendments:

Page 1, line 8, delete "predesign" and insert "design"

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

The report was adopted.

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

H. F. No. 1549, A bill for an act relating to metropolitan government; clarifying language and changing obsolete references; allowing additional communities in the metropolitan area to operate their own transit programs; defining available local transit funds; establishing conditions for use of funds by communities providing replacement service; providing application procedure; establishing reserve accounts; amending Minnesota Statutes 1994, section 473.388.

Reported the same back with the following amendments:

Page 4, line 35, after "DATE" insert "; APPLICATION"

Page 4, line 36, before the period, insert ", and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1557, A bill for an act relating to firearms; permitting licensed protective agents and their employees who provide armored car services to apply for a permit to carry a pistol with the sheriff or police chief where the person is employed; requiring that the permit be valid only when armored car services are being provided; amending Minnesota Statutes 1994, section 624.714, subdivisions 2 and 6.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 609.02, subdivision 6, is amended to read:

Subd. 6. [DANGEROUS WEAPON.] "Dangerous weapon" means:

(1) any firearm, whether loaded or unloaded, or;

(2) any device designed as a weapon and capable of producing death or great bodily harm,;

(3) any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm,; or

(4) any fire that is used to produce death or great bodily harm.

As used in this subdivision, "flammable liquid" means any liquid having a flash point below 100 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit but does not include intoxicating liquor as defined in section 340A.101. As used in this subdivision, "combustible liquid" is a liquid having a flash point at or above 100 degrees Fahrenheit.

Sec. 2. Minnesota Statutes 1994, section 609.66, subdivision 1d, is amended to read:

Subd. 1d. [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) Whoever possesses, stores, or keeps a dangerous weapon or uses or brandishes a potentially dangerous weapon, a replica firearm, or a BB gun on school property is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

(b) Whoever possesses, stores, or keeps a replica firearm or a BB gun any of the following on school property is guilty of a gross misdemeanor:

(1) a replica firearm;

(2) a BB gun; or

(3) any other instrument or device, the possession of which on school property serves no legitimate purpose, and which reasonably appears to be a weapon.

(c) As used in this subdivision:

(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter;

(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6; means:

(i) any firearm, whether loaded or unloaded; or

(ii) any device designed as a weapon and capable of producing death or great bodily harm;

(3) "potentially dangerous weapon" means:

(i) any combustible or flammable liquid or other device or instrumentality that, in the manner it is used, is calculated or likely to produce death or great bodily harm; or

(ii) any fire that is used to produce death or great bodily harm;

(4) "replica firearm" has meaning given it in section 609.713; and

(4) (5) "school property" means:

(i) a public or private elementary, middle, or secondary school building and its grounds, whether leased or owned by the school; and

(ii) the area within a school bus when that bus is being used to transport one or more elementary, middle, or secondary school students.

(d) This subdivision does not apply to:

(1) licensed peace officers, military personnel, or students participating in military training, who are performing official duties;

(2) persons who carry pistols according to the terms of a permit;

(3) persons who keep or store in a motor vehicle pistols in accordance with sections 624.714 and 624.715 or other firearms in accordance with section 97B.045;

(4) firearm safety or marksmanship courses or activities conducted on school property;

(5) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;

(6) a gun or knife show held on school property; or

(7) possession of dangerous weapons, BB guns, or replica firearms required for instructional or curricular purposes; or

(8) possession of dangerous weapons, BB guns, or replica firearms with written permission of the principal.

Sec. 3. Minnesota Statutes 1994, section 624.712, subdivision 2, is amended to read:

Subd. 2. [PISTOL.] "Pistol" includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle (a) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (b) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. "Pistol" also includes an electronic incapacitation device, as defined in subdivision 11, that operates by means of carbon dioxide propellant.

"Pistol" does not include a device firing or ejecting a shot measuring .18 of an inch, or less, in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used in the construction industry or children's pop guns or toys.

Sec. 4. Minnesota Statutes 1994, section 624.712, is amended by adding a subdivision to read:

Subd. 11. [ELECTRONIC INCAPACITATION DEVICE.] "Electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current. "Electronic incapacitation device" does not include cattle prods, electric fences, or other electric devices which are used in agricultural, animal husbandry, or food production activities.

Sec. 5. Minnesota Statutes 1994, section 624.7132, subdivision 12, is amended to read:

Subd. 12. [EXCLUSIONS.] Except as otherwise provided in section 609.66, subdivision 1f, this section shall not apply to transfers of antique firearms as curiosities or for their historical significance or value, transfers to or between federally licensed firearms dealers, transfers by order of court, involuntary transfers, transfers at death or the following transfers:

(a) except for transfers of electronic incapacitation devices that operate by means of carbon dioxide propellant, a transfer by a person other than a federally licensed firearms dealer;

(b) a loan to a prospective transferee if the loan is intended for a period of no more than one day;

(c) the delivery of a pistol or semiautomatic military-style assault weapon to a person for the purpose of repair, reconditioning or remodeling;

(d) a loan by a teacher to a student in a course designed to teach marksmanship or safety with a pistol and approved by the commissioner of natural resources;

(e) a loan between persons at a firearms collectors exhibition;

(f) a loan between persons lawfully engaged in hunting or target shooting if the loan is intended for a period of no more than 12 hours;

(g) a loan between law enforcement officers who have the power to make arrests other than citizen arrests; and

(h) a loan between employees or between the employer and an employee in a business if the employee is required to carry a pistol or semiautomatic military-style assault weapon by reason of employment and is the holder of a valid permit to carry a pistol.

Sec. 6. Minnesota Statutes 1994, section 624.714, is amended by adding a subdivision to read:

Subd. 1a. [APPLICABILITY.] This section does not apply to electronic incapacitation devices that operate by means of carbon dioxide propellant and are defined as "pistols" in section 624.712, subdivision 2.

Sec. 7. Minnesota Statutes 1994, section 624.714, subdivision 2, is amended to read:

Subd. 2. [WHERE APPLICATION MADE.] Except as otherwise provided in this subdivision, applications for permits to carry shall be made to the chief of police of an organized full-time police department of the municipality where the applicant resides or to the county sheriff where there is no such local chief of police of the county where the applicant resides, if there is no local chief of police. A licensed protective agent or an employee of a licensed protective agent who provides armored car services for the protection of persons or property as described in section 326.338, subdivision 4, clause (3), may apply for a permit to carry with the chief of police of the municipality where the applicant is employed or with the sheriff of the county where the applicant is employed, if there is no local chief of police. At the time of application, the local police authority shall provide the applicant with a dated receipt for the application.

Sec. 8. Minnesota Statutes 1994, section 624.714, subdivision 6, is amended to read:

Subd. 6. [FAILURE TO GRANT PERMITS, PERMIT RESTRICTIONS.] (a) Failure of the chief police officer or the county sheriff to deny the application or issue a permit to carry a pistol within 21 days of the date of application shall be deemed to be a grant thereof. The local police authority shall provide an applicant with written notification of a denial and the specific reason for the denial. A chief of police or a sheriff may charge a fee to cover the cost of conducting a background check, not to exceed $10.

(b) The permit shall specify the activities for which it shall be valid. If the local police authority grants a permit to a licensed protective agent or an employee of a licensed protective agent who does not reside in the area where the permit is issued, the police authority must specify on the permit that it is valid only when the agent or employee is providing armored car services.

Sec. 9. Minnesota Statutes 1994, section 624.731, subdivision 1, is amended to read:

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

(a) "authorized tear gas compound" means a lachrymator or any substance composed of a mixture of a lachrymator including chloroacetophenone, alpha-chloroacetophenone; phenylchloromethylketone, orthochlorobenzalmalononitrile or oleoresin capsicum, commonly known as tear gas; and

(b) "electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current. "Electronic incapacitation device" does not include cattle prods, electric fences, or other electric devices which are used in agricultural, animal husbandry, or food production activities. "Electronic incapacitation device" also does not include an electronic incapacitation device that operates by means of carbon dioxide propellant and is defined as a "pistol" in section 624.712, subdivision 2.

Sec. 10. [EFFECTIVE DATE.]

Sections 1, 7, and 8 are effective August 1, 1995. Sections 2 to 6 and 9 are effective August 1, 1995, and apply to crimes committed on or after that date."

Delete the title and insert:

"A bill for an act relating to crime prevention; clarifying the definition of "dangerous weapon" in the criminal code; clarifying criminal liability for possessing a dangerous weapon on school property when the object possessed is not designed as a weapon; providing an exception for the possession or use of weapons when required for instructional purposes; expanding the definition of pistol in the handgun control act to include electronic incapacitation devices that operate by means of carbon dioxide propellant; excluding these devices from the permit to carry requirement; permitting licensed protective agents and their employees who provide armored car services to apply for a permit

to carry a pistol with the sheriff or police chief where the person is employed; requiring that the permit be valid only when armored car services are being provided; amending Minnesota Statutes 1994, sections 609.02, subdivision 6; 609.66, subdivision 1d; 624.712, subdivision 2, and by adding a subdivision; 624.7132, subdivision 12; 624.714, subdivisions 2, 6, and by adding a subdivision; and 624.731, subdivision 1."

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. 1582, A bill for an act relating to state lands; providing for the sale of certain tax-forfeited lands in St. Louis county.

Reported the same back with the following amendments:

Page 3, line 9, delete "feet" and insert "minutes" and delete "inches" and insert "seconds"

Page 3, line 11, delete the first "feet" and insert "minutes" and delete "inches" and insert "seconds"

Page 3, line 12, delete "feet" and insert "minutes" and delete "inches" and insert "seconds"

Page 3, line 13, delete the second "feet" and insert "minutes" and delete "inches" and insert "seconds"

Page 3, line 15, delete the first "feet" and insert "minutes" and delete "inches" and insert "seconds"

Page 3, line 16, delete "feet" and insert "minutes" and delete "inches" and insert "seconds"

Page 3, line 17, delete the second "feet" and insert "minutes" and delete "inches" and insert "seconds"

Page 4, delete lines 7 to 36

Page 5, delete lines 1 to 14

Page 5, line 15, delete "(23)" and insert "(1)"

Page 5, line 17, delete "(24)" and insert "(2)"

Page 5, line 19, delete "(25)" and insert "(3)"

Pages 5 and 6, delete section 3 and insert:

"Sec. 3. [SALE OF TAX-FORFEITED LAND; KOOCHICHING COUNTY.]

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Koochiching county may sell for not less than the appraised value the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

(b) The conveyance must be in a form approved by the attorney general.

(c) The land that may be conveyed is three parcels.

Parcel number 1 is: Plat of Forest Point - Lot 62.

Parcel number 2 is: Two acres of Government Lot 2 described as follows:

Commencing at waters edge of Rainy River where 1/4 line on West side of Lot 2 intersects said river, thence due South 40 rods alongside 1/4 line, thence due East 8 rods, thence due North 40 rods, thence due West 8 rods to place of beginning. Section 33, Township 160N, Range 26W.

Parcel number 3 is: Plat of Mizpah - Lots 13, 14, 15, 16, 17, and 18, Block 4.

(d) The county has determined that the county's land management interests would best be served if the lands described in paragraph (c) were returned to private ownership.

Sec. 4. [FILLMORE COUNTY; SALE OF TAX-FORFEITED LAND TO THE CITY OF PRESTON.]

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Fillmore county may sell to the city of Preston the tax-forfeited lands bordering the Root river in the city of Preston that are described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

(b) The conveyances must be in a form approved by the attorney general and must provide that the land reverts to the state of Minnesota if it is not used for recreational trail purposes.

(c) The land that may be conveyed is legally described as Lots 3 and 4, Block 3, John Kaercher's Addition, City of Preston.

(d) The county has determined that the land is needed by the city for recreational trail purposes."

Page 6, line 6, delete "4" and insert "5"

Page 6, line 7, delete "to 3" and insert "to 4"

Amend the title as follows:

Page 1, line 3, delete "county" and insert ", Koochiching, and Fillmore counties"

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. 1615, A bill for an act relating to the environment; allowing the pollution control agency to continue to do environmental assessments at automobile salvage yards; providing incentives for recycling mercury from automobiles; appropriating money; amending Minnesota Statutes 1994, sections 116.66, subdivisions 2, 4, and by adding a subdivision; and 116.92, subdivision 3.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 116.66, subdivision 2, is amended to read:

Subd. 2. [FACILITY EVALUATIONS; ENVIRONMENTAL ASSESSMENT.] (a) The commissioner of the pollution control agency shall conduct facility evaluations to evaluate ongoing waste management practices and shall provide technical assistance for corrective action at motor vehicle salvage facilities.

(b) The commissioner shall may conduct environmental assessments at a representative group of motor vehicle salvage facilities to determine the extent and magnitude of any contamination, environmental impacts, develop criteria, and determine appropriate cleanup methods, and set priorities for cleanup actions at motor vehicle salvage facility sites, pursuant to the criteria in Minnesota Rules, chapter 7044.

Sec. 2. Minnesota Statutes 1994, section 116.66, subdivision 4, is amended to read:

Subd. 4. [REPEALER.] This section is repealed on the day that the repeal of section 115A.908 is effective June 30, 1999.

Sec. 3. Minnesota Statutes 1994, section 116.92, subdivision 4, is amended to read:

Subd. 4. [REMOVAL FROM SERVICE; PRODUCTS CONTAINING MERCURY.] (a) When an item listed in subdivision 3 is removed from service the mercury in the item must be reused, recycled, or otherwise managed to ensure compliance with section 115A.932.

(b) A person who is in the business of replacing or repairing an item listed in subdivision 3 in households shall ensure, or deliver the item to a facility that will ensure, that the mercury contained in an item that is replaced or repaired is reused or recycled or otherwise managed in compliance with section 115A.932.

(c) A person may not crush a motor vehicle unless the person has first removed all of the mercury switches in the motor vehicle. A person who removes a mercury switch from a motor vehicle shall ensure that the mercury is reused or recycled by a permitted recycler.

Sec. 4. [SALVAGE MOTOR VEHICLES; MERCURY SWITCH REMOVAL; INCENTIVES.]

Beginning January 1, 1996, and continuing until December 31, 1996, the commissioner shall pay to a person who owns or operates a motor vehicle salvage facility 33 cents per electric switch containing mercury taken from a salvaged motor vehicle and recycled by an approved recycler or accepted for reuse by a manufacturer. A person eligible for reimbursement under this section shall apply for the reimbursement in the manner prescribed by the commissioner.

Sec. 5. [COST-SHARING PROGRAM; CLEANUP OF CERTAIN MOTOR VEHICLE SALVAGE FACILITIES.]

The pollution control agency shall enter into consent orders for the cleanup of certain motor vehicle salvage facility sites, based on the findings of the environmental assessment of motor vehicle salvage facilities conducted pursuant to Minnesota Statutes, section 116.66, subdivision 2. Under the consent order, the agency will be responsible for paying 90 percent of the costs of removal and remedial actions at the site, and the owner or operator of the motor vehicle salvage facility must pay the remaining ten percent of such costs. For the purposes of this section, the terms "removal and remedial actions" have the meanings given them in Minnesota Statutes, section 115B.02, subdivisions 16 and 17.

Sec. 6. [APPROPRIATION.]

$522,000 is transferred from the motor vehicle transfer account and is appropriated to the commissioner of the pollution control agency for administration of sections 1, 3, and 4 and to provide technical assistance to persons who own or operate motor vehicle salvage facilities and to local units of government. $378,000 is transferred from the motor vehicle transfer account and appropriated to the commissioner of the pollution control agency for purposes of section 5 and to establish a fund for cost-sharing in the investigation and cleanup of releases or threatened releases from motor vehicle salvage facilities as defined in Minnesota Statutes, section 116.66, and shall be available until expended."

Amend the title as follows:

Page 1, line 7, delete ", 4, and by adding a"

Page 1, line 8, delete "subdivision" and insert "and 4" and delete "3" and insert "4"

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

The report was adopted.

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

H. F. No. 1620, A bill for an act relating to financing native vegetation planting; emphasizing the planting of native species; appropriating money; amending Minnesota Statutes 1994, sections 15.50, by adding a subdivision; 97A.125; 103F.515, subdivisions 2 and 5; 160.22, subdivision 1; and 160.232; proposing coding for new law in Minnesota Statutes, chapters 17; and 84.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 15.50, is amended by adding a subdivision to read:

Subd. 10. [NATIVE VEGETATION PLANTING.] As part of its comprehensive plan and adopted zoning rules, the board may allow the planting of only native trees and shrubs, or native grasses wherever appropriate, within the capitol area.

Sec. 2. [17.231] [NATIVE GRASSES AND WILDFLOWER SEED PRODUCTION INCENTIVE LOAN PROGRAM.]

Subdivision 1. [ESTABLISHMENT.] (a) The commissioner shall establish a seed production loan program to provide loans that enable people to begin or expand efforts to develop and produce new, local-origin, native grass, and native wildflower seed species.

(b) The commissioner shall use the ecological regions identified by the commissioner of natural resources covering the entire state. The commissioner shall design the loan program to produce ten local variety native grass species and 40 local variety native wildflower species for each region. The commissioner shall develop the program to produce 100 acres of native grass seed production and ten acres of native wildflower seed production in each region.

Subd. 2. [LOAN CRITERIA.] (a) The loan program must provide loans for operating and capital costs related to the development and production of native grass and wildflower seeds during the research and development phase.

(b) Loans may not exceed $225 per acre per year of native grass and native wildflower seed for each person or entity applying for a loan over an expected average development period of five years. Subject to subdivision 1, the loan repayment period may not exceed eight years. Repayment of the loan is to be made at four percent per annum above the original loan amount.

(c) Loans may only be made to residents of this state.

Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans must be made to the commissioner on forms prescribed by the commissioner.

(b) The applications must be reviewed, ranked, and recommended by a loan review panel appointed by the commissioner. The panel shall be chaired by the commissioner or the commissioner's designee. The loan review panel must consist of two lenders with agricultural experience, a representative from the department of transportation and a representative from the department of natural resources who possess expert knowledge in native plants and grasses, and a farm management specialist.

(c) The loan review panel shall rank applications according to the following criteria:

(1) evidence of a viable business plan;

(2) demonstrated knowledge of the ecology of native grasses and wildflowers and the development, production, and management of them;

(3) evidence that the land intended for seed production is capable of the production; and

(4) the appropriateness to the locality of the seeds to be produced and their appropriateness to regional and state production needs.

(d) The commissioner shall consider the recommendations of the loan review panel and make loans for eligible projects. Priority must be given based on local origin and regional and state production needs.

Subd. 4. [ADMINISTRATION; INFORMATION DISSEMINATION.] (a) A seed loan account is established in the state treasury. The amount in the seed loan account is appropriated to the commissioner to make loans under this section and administer the loan program. Loans are to be made on forms prescribed by the commissioner. The interest on the money in the seed loan account may be used by the commissioner for administrative expenses.

(b) Seeds produced under this section are intended to be used to fulfill state agency needs for seeds and the purchase must be arranged on a contract basis with state agencies in each biennium that program seed is available. The commissioner shall collect and disseminate information relating to projects for which loans are given under this section and report to the standing legislative committees on agriculture by February 1 of each year.

(c) Seeds produced under this section are eligible to be certified as "Minnesota Grown" seeds under section 31.95.

Sec. 3. [84.964] [INTERAGENCY NATIVE VEGETATION TASK FORCE.]

(a) An interagency task force on native plant conservation is established composed of the commissioners or their designees of the departments of agriculture, natural resources, transportation, and the pollution control agency and the executive director or designee of the board of water and soil resources. The commissioner of natural resources or the commissioner's designee shall chair the task force.

(b) The purpose of the task force is to identify priority conservation needs for native plants and their habitats in the ecological regions of the state, and to coordinate implementation of interagency programs to address those needs. The task force shall also ensure, to the greatest extent practicable, that native plant species and communities are maintained, enhanced, restored, or established on public lands, and are promoted on private lands.

Sec. 4. Minnesota Statutes 1994, section 97A.125, is amended to read:

97A.125 [WILDLIFE HABITAT ON PRIVATE LAND.]

The commissioner may enter into agreements with landowners to develop or improve wildlife habitat on private land and provide financial, technical, and professional assistance and material. At least ten percent of the financial assistance must be used to plant native prairie grasses to improve habitat for wildlife species.

Sec. 5. Minnesota Statutes 1994, section 103F.515, subdivision 2, is amended to read:

Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the conservation reserve program if the land meets the requirements of paragraphs (b) and (c).

(b) Land is eligible if the land:

(1) is marginal agricultural land;

(2) is adjacent to marginal agricultural land and is either beneficial to resource protection or necessary for efficient recording of the land description;

(3) consists of a drained wetland;

(4) is land that with a windbreak would be beneficial to resource protection;

(5) is land in a sensitive groundwater area;

(6) is riparian land;

(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to four acres of cropland or one acre of noncropland for each acre of wetland restored;

(8) is a woodlot on agricultural land;

(9) is abandoned building site on agricultural land, provided that funds are not used for compensation of the value of the buildings; or

(10) is land on a hillside used for pasture.

(c) Eligible land under paragraph (a) must:

(1) be owned by the landowner, or a parent or other blood relative of the landowner, for at least one year before the date of application;

(2) be at least five acres in size, except for a windbreak, woodlot, or abandoned building site, or be a whole field as defined by the United States Agricultural Stabilization and Conservation Services;

(3) not be set aside, enrolled or diverted under another federal or state government program; and

(4) have been in agricultural crop production for at least two of the last five years before the date of application except drained wetlands, riparian lands, woodlots, abandoned building sites, or land on a hillside used for pasture.

(d) The enrolled land of a landowner may not exceed 20 percent of the average farm size in the county where the land is being enrolled according to the average farm size determined by the United States Department of Agriculture, Census of Agriculture.

(e) In selecting drained wetlands for enrollment in the program, the highest priority must be given to wetlands with a cropping history during the period 1976 to 1985.

(f) In selecting land for enrollment in the program, highest priority must be given to permanent easements that are consistent with the purposes stated in section 103F.505 and land that will be planted or seeded with native vegetation.

Sec. 6. Minnesota Statutes 1994, section 103F.515, subdivision 5, is amended to read:

Subd. 5. [AGREEMENTS BY LANDOWNER.] The board may enroll eligible land in the conservation reserve program by signing an agreement in recordable form with a landowner in which the landowner agrees:

(1) to convey to the state a conservation easement that is not subject to any prior title, lien, or encumbrance;

(2) to seed the land subject to the conservation easement, as specified in the agreement, to establish and maintain perennial cover of either a grass-legume mixture or native grasses for the term of the easement, at seeding rates determined by the board; or to plant native trees where regionally appropriate or carry out other long-term capital improvements approved by the board for soil and water conservation or wildlife management;

(3) to convey to the state a permanent easement for the wetland restoration;

(4) that other land supporting natural vegetation owned or leased as part of the same farm operation at the time of application, if it supports natural vegetation or has not been used in agricultural crop production, will not be converted to agricultural crop production or pasture; and

(5) that the easement duration may be lengthened through mutual agreement with the board in consultation with the commissioners of agriculture and natural resources if they determine that the changes effectuate the purpose of the program or facilitate its administration.

Sec. 7. Minnesota Statutes 1994, section 160.22, subdivision 1, is amended to read:

Subdivision 1. [PLANTING TREES.] Road authorities may plant and tend native trees and shrubs where regionally appropriate along highways in rural areas in a manner so as to protect the highways from drifting snow. In like manner, with the written consent of the abutting landowner, native trees and shrubs, where regionally appropriate, may be planted and tended outside the limits of the highways.

Sec. 8. Minnesota Statutes 1994, section 160.232, is amended to read:

160.232 [MOWING DITCHES OUTSIDE CITIES.]

Road authorities may not mow or till the right-of-way of a highway located outside of a home rule charter or statutory city except as allowed in this section and section 160.23.

(a) On any highway, the first eight feet away from the road surface, or shoulder if one exists, may be mowed at any time.

(b) An entire right-of-way may be mowed after July 31. From August 31 to the following July 31, the entire right-of-way may only be mowed if necessary for safety reasons, and may not be mowed to a height of less than 12 inches.

(c) A right-of-way may be mowed as necessary to maintain sight distance for safety and may be mowed at other times under rules of the commissioner, or by ordinance of a local road authority not conflicting with the rules of the commissioner.

(d) A right-of-way may be mowed, burned, or tilled to prepare the right-of-way for the establishment of permanent native vegetative cover or for native prairie vegetation management.

Sec. 9. [WILDLIFE MANAGEMENT AREA PLANTING.]

In all wildlife management areas designated under Minnesota Statutes, section 97A.135, and lying in the prairie province region of Minnesota as defined by the commissioner of the department of natural resources, at least ten percent of available money for vegetation improvement and maintenance must be used for planting native prairie grasses to support bird production. This section shall expire on June 30, 1997.

Sec. 10. [APPROPRIATIONS.]

Subdivision 1. [NATIVE GRASSES AND WILDFLOWER SEED PRODUCTION INCENTIVE LOAN PROGRAM.] $....... is appropriated from the general fund to the seed loan account to be available until June 30, 1997, to be administered by the commissioner of agriculture for the seed production incentive loan program.

Subd. 2. [TECHNICAL INFORMATION ON NATIVE SEED PRODUCTION.] $....... is appropriated from the general fund to the commissioner of agriculture to be available until June 30, 1997, for development of technical information on native seed development.

Subd. 3. [LOCAL TECHNICAL ASSISTANCE.] $....... is appropriated from the general fund to the board of water and soil resources to be available until June 30, 1997, to provide technical assistance to local units of government on planting native vegetation in their ecological regions."

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

The report was adopted.

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

H. F. No. 1626, A bill for an act relating to state government; prohibiting investment of public funds in certain assets; amending Minnesota Statutes 1994, sections 11A.24, subdivision 1; 356A.06, by adding a subdivision; and 475.66, subdivision 3.

Reported the same back with the following amendments:

Page 1, line 18, after "be" insert "concurrently"

Page 1, line 23, delete "and" and insert "or" and after the period, insert "Only securities authorized by this section, excluding those under subdivision 6, paragraph (a), clauses (1) to (4), may be accepted as collateral or offsetting securities."

Page 2, line 1, after "be" insert "concurrently"

Page 2, line 7, delete "and" and insert "or" and after the period, insert "Only securities authorized by this section, excluding those under subdivision 7, paragraph (g), clause (1), items (i) to (iv), may be accepted as collateral or offsetting securities."

With the recommendation that when so amended the bill pass.

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 1627, A bill for an act relating to economic development and redevelopment; establishing the metropolitan revitalization fund; providing funding for housing and urban development in the metropolitan area; authorizing a special jobs opportunity program for AFDC recipients; providing for a sales tax refund for certain construction materials; creating an urban homesteading program; providing funding for affordable housing that is related to community economic development and redevelopment; providing for a sales tax refund for certain construction materials; appropriating money; amending Minnesota Statutes 1994, sections 290.01, subdivision 19b; 297A.15, by adding a subdivision; 297A.25, by adding a subdivision; 462A.201, by adding a subdivision; 462A.222, subdivision 3; 477A.011, subdivision 37; 477A.013, subdivisions 8, 9, and by adding subdivisions; and 477A.03, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 256; and 473; repealing Minnesota Statutes 1994, sections 504.33; 504.34; and 504.35.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [473.25] [METROPOLITAN REVITALIZATION FUND; PURPOSE; ESTABLISHMENT.]

In order to encourage and support redevelopment and revitalization of economically distressed sections of the metropolitan area, the removal of barriers to job retention and development, the enhancement of job skills, the provision of opportunities for development of life-cycle and affordable housing, and the remediation of contaminated land for commercial and industrial redevelopment, the metropolitan revitalization fund is established and shall be funded and administered as provided in sections 473.25 to 473.253.

Sec. 2. [473.251] [FUND ESTABLISHED.]

Subdivision 1. [GENERAL.] The metropolitan revitalization fund consists of the funds provided to it under this section.

Subd. 2. [LOCAL GOVERNMENT AID DISTRIBUTION.] The council shall receive a distribution under section 477A.03, subdivision 1, for the fund.

Sec. 3. [473.252] [FUND USES; DISTRIBUTION.]

The council shall establish criteria for uses of the fund that are consistent with and promote the purposes of sections 473.25 to 473.253. The council shall distribute funds to establish or encourage projects or initiatives that:

(1) provide opportunities for jobs and job skills development and retention;

(2) provide commercial or industrial redevelopment opportunities in areas suffering from economic distress;

(3) remediate contaminated land for commercial and industrial redevelopment;

(4) provide incentives for jobs-to-people or people-to-jobs initiatives including, but not limited to, reverse commuting opportunities and enterprise zones;

(5) provide incentives to remove or rehabilitate blighted housing in the fully developed area; and

(6) create incentives for developing communities to include a full range of housing opportunities.

Sec. 4. [473.253] [REPORT.]

The council shall prepare and submit to the legislature, as provided in section 3.195, an annual report on the metropolitan revitalization fund. The report must include information on the amount of money in the fund, the amount distributed, to whom the funds were distributed and for what purposes, and an evaluation of the effectiveness of the projects funded in meeting the policies and goals enumerated in sections 473.25 to 473.252. The report may make recommendations to the legislature on changes to this act.

Sec. 5. Minnesota Statutes 1994, section 477A.011, subdivision 37, is amended to read:

Subd. 37. [BASE REDUCTION PERCENTAGE.] "Base reduction percentage" is (1) the difference between the amount available for city aid under section 477A.03 for the year for which aid is being calculated and the amount available for city aid under section 477A.03 for calendar year 1994, (2) divided by the sum of the city aid base for all cities and (3) multiplied by 100. The reduction percentage for any year may not be less than the reduction percentage from the previous year. For aid paid in calendar year 1994, the reduction percentage is zero. The reduction percentage may not be more than 100 percent 58 percent for aid payable in 1996, 39 percent for aid payable in 1997, 20 percent for aid payable in 1998, and zero for aid payable in 1999 and thereafter.

Sec. 6. Minnesota Statutes 1994, section 477A.013, subdivision 8, is amended to read:

Subd. 8. [CITY FORMULA AID.] In calendar year 1994 and subsequent years, the formula aid for a city is equal to the need increase percentage multiplied by the difference between (1) the city's revenue need multiplied by its population, and (2) the city's net tax capacity multiplied by the tax effort rate. No city may have a formula aid amount less than zero. The need increase percentage must be the same for all cities for aid payable in 1996 through 1999. For aid payable in 2000 and thereafter, the need increase percentage must be the same for all cities located in the metropolitan areas defined in section 473.121, subdivision 2, and it must be the same for all cities outside the metropolitan area.

Notwithstanding the prior sentence, in 1995 only, the need increase percentage for a city shall be twice the need increase percentage applicable to other cities if:

(1) the city, in 1992 or 1993, transferred an amount from governmental funds to their sewer and water fund, and

(2) the amount transferred exceeded their net levy for taxes payable in the year in which the transfer occurred.

The applicable need increase percentage or percentages must be calculated by the department of revenue so that the total of the aid under subdivision 9 equals the total amount available for aid under section 477A.03.

Sec. 7. Minnesota Statutes 1994, section 477A.013, subdivision 9, is amended to read:

Subd. 9. [CITY AID DISTRIBUTION.] (a) In calendar year 1994 1996 and thereafter, each city not in the metropolitan area, as defined in section 473.121, subdivision 2, shall receive an aid distribution equal to the sum of (1) the city formula aid under subdivision 8, and (2) its city aid base multiplied by the base reduction percentage. In calendar year 2000 and thereafter, this amount is subject to the limits in paragraphs (b) and (c).

(b) The percentage increase for a first class city in calendar year 1995 and thereafter shall not exceed the percentage increase in the sum of the aid to all cities under this section in the current calendar year compared to the sum of the aid to all cities in the previous year.

(c) The total aid for any city, except a first class city, shall not exceed the sum of (1) ten percent of the city's net levy for the year prior to the aid distribution plus (2) its total aid in the previous year before any increases or decreases under sections 16A.711, subdivision 5, and 477A.0132.

(d) Notwithstanding paragraph (c), in 1995 only, for cities which in 1992 or 1993 transferred an amount from governmental funds to their sewer and water fund in an amount greater than their net levy for taxes payable in the year in which the transfer occurred, the total aid shall not exceed the sum of (1) 20 percent of the city's net levy for the year prior to the aid distribution plus (2) its total aid in the previous year before any increases or decreases under sections 16A.711, subdivision 5, and 477A.0132 For aids payable in 1996 through 1999, the amount of aid a city located in the metropolitan area, as defined in section 473.121, subdivision 2, receives, shall be determined under subdivision 10. For aid payable in 2000 and thereafter, the amount of aid a city located in the metropolitan area receives shall be determined under subdivision 11.

Sec. 8. Minnesota Statutes 1994, section 477A.013, is amended by adding a subdivision to read:

Subd. 10. [TRANSITION CITY AID.] (a) In calendar years 1996 through 1999, each city located in the metropolitan area shall receive an aid distribution equal to the sum of (1) the city formula aid under subdivision 8, and (2) its city aid base multiplied by the base reduction percentage; subject to the limits in paragraphs (b) and (c).

(b) In 1996, no city may receive an aid amount greater than 102 percent over the amount of aid it received in 1995. The amount calculated under paragraph (a) above the 102 percent, shall be distributed under paragraph (c). For 1997 through 1999, no city may receive an aid amount greater than 100.9 percent of the amount received under the previous year, multiplied by the inflation adjustment in section 477A.03, subdivision 3. The amount calculated in paragraph (a) in excess of this amount shall be distributed as provided in paragraph (c).

(c) A portion of the excess aid calculated under paragraph (b) shall be used to increase the aid payment to each city in the metropolitan area that has a payment under paragraph (a) that is less than its aid amount in 1995, to an amount equal to its aid amount in 1995. The remainder of the excess amounts calculated under paragraph (b) shall be distributed to the metropolitan council for the metropolitan revitalization fund established in section 1.

Sec. 9. Minnesota Statutes 1994, section 477A.013, is amended by adding a subdivision to read:

Subd. 11. [METROPOLITAN CITY AID.] (a) Subject to the limits in paragraphs (b), (c), and (d), in calendar year 2000 and thereafter, each city located in the metropolitan area will receive an aid distribution equal to the sum of (1) the city formula aid under subdivision 8, and (2) its city aid base multiplied by the base reduction percentage.

(b) The percentage increase for a first class city in calendar year 2000 and thereafter shall not exceed the percentage increase in the sum of the aid to all cities under this subdivision in the current calendar year compared to the sum of the aid to all cities in the previous year.

(c) The total aid for any city, except a first class city, shall not exceed the sum of (1) ten percent of the city's net levy for the year prior to the aid distribution plus (2) its total aid in the previous year before any increases or decreases under sections 16A.711, subdivision 5, and 477A.0132.

(d) No city shall receive an aid distribution less than its aid amount in 1995.

Sec. 10. Minnesota Statutes 1994, section 477A.03, subdivision 1, is amended to read:

Subdivision 1. [ANNUAL APPROPRIATION.] A sum sufficient to discharge the duties imposed by sections 477A.011 to 477A.014 is annually appropriated from the local government trust fund to the commissioner of revenue. For aid payable in 1994, the total aid paid to cities under section 477A.013, subdivision 9, is limited to $330,636,900. For aid payable in 1995, the total aid paid to cities under section 477A.013, subdivision 9, is limited to $337,249,600. For aid payable in 1996 and thereafter, the total aid paid to cities under section 477A.013, subdivision subdivisions 9, 10, and 11, is limited to the amount paid in the previous year, adjusted for inflation as provided under subdivision 3. For aid payable in 1996 through 1999, a portion, as calculated under section 477A.013, subdivision 10, paragraph (c), of the total amount that may be paid to cities under section 477A.013, subdivision 9, shall be distributed to the metropolitan council under section 1. In calendar year 2000 and thereafter, the total amount of aid distributed to cities outside the metropolitan area under section 477A.013, subdivision 9, cities in the metropolitan area under section 477A.013, subdivision 11, and to the metropolitan council under section 1, shall be based on the relative share of the city local government aid appropriation distributed to each group in 1999.

Aid payments to counties under section 477A.0121 are limited to $8,400,000 in 1994 and $10,000,000 in 1995. For aid payable in 1996 and thereafter, payments to counties under section 477A.0121 are limited to the amount paid in the previous year, adjusted for inflation as provided under subdivision 3.

For aid payable in 1995, payments to counties under section 477A.0122 are limited to $1,500,000. For aids payable in 1996 and thereafter, payments to counties under section 477A.0122 are limited to the amount paid in the previous year, adjusted for inflation as provided under subdivision 3.

Sec. 11. [APPROPRIATION.]

$11,000,000 is appropriated from the general fund to the commissioner of the department of trade and economic development to provide matching grant funds for contamination cleanup grants under Minnesota Statutes, sections 116J.551 to 116J.557. Notwithstanding section 116J.555, subdivision 1, all grants made using this appropriation will be made for qualifying sites defined as fully developed areas by the metropolitan council. This appropriation is available for the biennium ending June 30, 1997.

Sec. 12. [CITATION.]

This article may be cited as "the metropolitan revitalization act."

Sec. 13. [APPLICATION.]

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

Sec. 14. [EFFECTIVE DATES.]

This article is effective the day after final enactment. Sections 5 to 10 of this article are effective for aid payable in 1996 and thereafter.

Section 1. Minnesota Statutes 1994, section 290.01, subdivision 19b, is amended to read:

Subd. 19b. [SUBTRACTIONS FROM FEDERAL TAXABLE INCOME.] For individuals, estates, and trusts, there shall be subtracted from federal taxable income:

(1) interest income on obligations of any authority, commission, or instrumentality of the United States to the extent includable in taxable income for federal income tax purposes but exempt from state income tax under the laws of the United States;

(2) if included in federal taxable income, the amount of any overpayment of income tax to Minnesota or to any other state, for any previous taxable year, whether the amount is received as a refund or as a credit to another taxable year's income tax liability;

(3) the amount paid to others not to exceed $650 for each dependent in grades kindergarten to 6 and $1,000 for each dependent in grades 7 to 12, for tuition, textbooks, and transportation of each dependent in attending an elementary or secondary school situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of this state may legally fulfill the state's compulsory attendance laws, which is not operated for profit, and which adheres to the provisions of the Civil Rights Act of 1964 and chapter 363. As used in this clause, "textbooks" includes books and other instructional materials and equipment used in elementary and secondary schools in teaching only those subjects legally and commonly taught in public elementary and secondary schools in this state. "Textbooks" does not include instructional books and materials used in the teaching of religious tenets, doctrines, or worship, the purpose of which is to instill such tenets, doctrines, or worship, nor does it include books or materials for, or transportation to, extracurricular activities including sporting events, musical or dramatic events, speech activities, driver's education, or similar programs. In order to qualify for the subtraction under this clause the taxpayer must elect to itemize deductions under section 63(e) of the Internal Revenue Code;

(4) to the extent included in federal taxable income, distributions from a qualified governmental pension plan, an individual retirement account, simplified employee pension, or qualified plan covering a self-employed person that represent a return of contributions that were included in Minnesota gross income in the taxable year for which the contributions were made but were deducted or were not included in the computation of federal adjusted gross income. The distribution shall be allocated first to return of contributions until the contributions included in Minnesota gross income have been exhausted. This subtraction applies only to contributions made in a taxable year prior to 1985;

(5) income as provided under section 290.0802;

(6) the amount of unrecovered accelerated cost recovery system deductions allowed under subdivision 19g;

(7) to the extent included in federal adjusted gross income, income realized on disposition of property exempt from tax under section 290.491; and

(8) to the extent not deducted in determining federal taxable income, the amount paid for health insurance of self-employed individuals as determined under section 162(l) of the Internal Revenue Code, except that the 25 percent limit does not apply. If the taxpayer deducted insurance payments under section 213 of the Internal Revenue Code of 1986, the subtraction under this clause must be reduced by the lesser of:

(i) the total itemized deductions allowed under section 63(d) of the Internal Revenue Code, less state, local, and foreign income taxes deductible under section 164 of the Internal Revenue Code and the standard deduction under section 63(c) of the Internal Revenue Code; or

(ii) the lesser of (A) the amount of insurance qualifying as "medical care" under section 213(d) of the Internal Revenue Code to the extent not deducted under section 162(1) of the Internal Revenue Code or excluded from income or (B) the total amount deductible for medical care under section 213(a); and

(9) the exemption amount allowed under section 5, subdivision 4.

Sec. 2. Minnesota Statutes 1994, section 297A.15, is amended by adding a subdivision to read:

Subd. 7. [REFUND FOR HOUSING; APPROPRIATION.] The tax on the gross receipts from the sale of items exempt under section 297A.25, subdivision 60, must be imposed and collected as if the sale were taxable and the rates under sections 297A.02, subdivision 1, and 297A.021 applied.

Upon application by the purchaser on forms prescribed by the commissioner, a refund equal to the tax paid on the gross receipts of the building materials and supplies must be paid to the purchaser. In the case of building materials and supplies in which the tax was paid by a contractor, subcontractor, or builder, application must be made by the purchaser for the sales tax paid by the contractor. The application must include sufficient information to permit the commissioner to verify the sales tax paid for the project. The application must include certification that the housing meets the definition of affordable housing for at least ... years after completion of construction or rehabilitation. The contractor, subcontractor, or builder must furnish to the purchaser a statement of the cost of building materials and supplies and the sales taxes paid on them. The amount required to make the refunds is annually appropriated to the commissioner.

Sec. 3. Minnesota Statutes 1994, section 297A.25, is amended by adding a subdivision to read:

Subd. 60. [CONSTRUCTION MATERIALS FOR AFFORDABLE HOUSING.] Construction materials and supplies are exempt, regardless of whether purchased by the owner, or by a contractor, subcontractor, or builder, if:

(1) the material and supplies are used or consumed in constructing or rehabilitating affordable permanent housing;

(2) all or a portion of the housing units are financed by public assistance;

(3) the property is owned by a public agency or nonprofit organization during the construction or rehabilitation of the housing and the same entity maintains ownership for at least a ...-year period while renting the housing to low-income occupants; and

(4) the housing units are located in the developing area of the Twin Cities metropolitan area, as defined by the metropolitan council.

For the purpose of this subdivision, "public assistance" means financed all or in part with any combination of grants, loans, tax credits, or public bonding authority from the federal government or any federal agency, or the state government or any state agency.

This exemption shall only apply to the portion of construction materials and supplies used in constructing housing units that meet the definition of affordable housing used by the program under which the public assistance is provided for at least ... years after the construction or rehabilitation is completed. The Minnesota housing finance agency must provide certification to the housing owner that the housing meets this requirement.

Sec. 4. [473.202] [ELIMINATION OF BARRIERS.]

The council shall adopt rules under procedures provided in chapter 14 that identify the local barriers to development of life-cycle and affordable housing consistent with the council's adopted housing policies and that specify the time frames for elimination of those barriers. The adopted rules shall be binding on local governments in the metropolitan area.

Sec. 5. [URBAN AND SUBURBAN HOMESTEADING PROGRAMS.]

Subdivision 1. [URBAN REVITALIZATION AND STABILIZATION ZONES.] By September 1, 1995, the metropolitan council shall designate one or more urban revitalization and stabilization zones in the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2. The designated zones must contain no more than 500 single family homes in total. In designating urban revitalization and stabilization zones, the council shall choose areas

that are transitioning toward blight and poverty. The council shall use indicators that evidence increasing neighborhood distress such as declining residential property values, declining resident incomes, declining rates of owner-occupancy, and other indicators of blight and poverty in determining which areas are to be urban revitalization and stabilization zones.

Subd. 2. [SUBURBAN ZONES.] By September 1, 1995, the metropolitan council shall designate one or more suburban zones in the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2. The designated zones must contain no more than 500 single family homes in total. In designating suburban zones, the council shall choose areas in municipalities that have not met the goals for life-cycle and affordable housing as set forth in the life-cycle and affordable housing policies of the metropolitan development guide, as defined in Minnesota Statutes, section 473.145.

Subd. 3. [PROGRAM ELIGIBILITY.] Any person buying and occupying a home within the boundaries of an urban revitalization and stabilization zone after September 1, 1995, is eligible to participate in the urban homesteading program. Any person buying and occupying a home within the boundaries of a suburban zone after September 1, 1995, is eligible to participate in the suburban homesteading program. An owner may participate by filing an application with the county assessor of the county in which the homestead is located. The assessor shall provide written verification that the homestead is within an urban revitalization and stabilization zone or a suburban zone to the owner in a form and manner prescribed by the commissioner of revenue. The form shall include the date on which the owner purchased the property, the date on which the owner applied for the urban or suburban homesteading program, and shall indicate if the property has been found to be not in compliance with applicable building codes, and the dates of inspections. The form shall also indicate if the owner has been convicted of a felony or a gross misdemeanor in the previous ten years. Each year, the county assessor shall use the computerized criminal history system maintained by the bureau of criminal apprehension under Minnesota Statutes, section 299C.11, to verify that a participant has not been convicted of a felony or a gross misdemeanor in the previous ten years. An owner shall become ineligible for the program if any of the following occurs:

(1) the property is sold or otherwise transferred to another party;

(2) the property is found not to be in compliance with applicable building codes, provided that at least three years have passed since the owner filed for participation in the program;

(3) the owner ceases to occupy the property; or

(4) any of the owners of the property are convicted of a gross misdemeanor or a felony.

Subd. 4. [TAX BENEFITS.] Individuals participating in the urban or suburban homesteading program shall receive an exemption from Minnesota taxable income for each full tax year during which eligibility under subdivision 3 is mandated, beginning in the first full tax year following the filing of an application with the county assessor. Eligibility may continue for a maximum of five years, provided that the individual does not become ineligible for the program under subdivision 3. The maximum exemption amount shall equal $30,000 for married individuals filing joint returns and surviving spouses as defined in section 2(a) of the Internal Revenue Code, $20,000 for unmarried individuals, and $25,000 for unmarried individuals qualifying as a head of household as defined in section 2(b) of the Internal Revenue Code. The maximum exemption amount shall be reduced by two percent of the maximum exemption amount for each $1,000 of adjusted gross income or part thereof above an income threshold. For purposes of this subdivision, adjusted gross income means federal adjusted gross income as defined in section 62 of the Internal Revenue Code. The income threshold shall equal $60,000 for married individuals filing joint returns and surviving spouses, $40,000 for unmarried individuals, and $50,000 for unmarried individuals qualifying as a head of household. Owners of homesteads in a suburban zone whose income in the current tax year exceeds 60 percent of the metropolitan area median household income for that tax year are not eligible for an exemption. For purposes of this section, "income" means household income as defined in Minnesota Statutes, section 290A.03, and "median household income" means median household income as determined by the United States Department of Housing and Urban Development.

Subd. 5. [EXPIRATION.] Applications for the urban and suburban homesteading programs shall not be accepted after July 1, 1997.

Subd. 6. [INFORMATION TO POTENTIAL BUYERS.] The metropolitan council shall market and promote the urban and suburban homestead programs to the extent feasible, but such efforts shall at least include informing area realtors or realtor associations about the programs.

Subd. 7. [REPORTS.] The metropolitan council shall make an initial report to the legislature by January 1, 1998, on the urban and suburban homesteading programs. The initial report shall contain information on designation of zones, participation rates, and current and projected future costs of providing state income tax exemptions to program participants.

The metropolitan council shall make full reports to the legislature by January 1, 2000, and January 1, 2003, on the urban and suburban homesteading programs. The full reports shall include information on those subjects covered by the initial report, as well as information on neighborhood impacts, property values, resident incomes, rates of owner-occupancy, and other indicators of poverty and blight.

Sec. 6. [APPROPRIATION; COMMUNITY REHABILITATION FUND ACCOUNT.]

$3,000,000 is appropriated from the general fund to the housing development fund under Minnesota Statutes, section 462A.20, for the community rehabilitation fund account under Minnesota Statutes, section 462A.206, to remediate blighted areas in cities of the first class in the metropolitan area, as defined by Minnesota Statutes, section 473.121, subdivision 2, and improve the physical conditions of neighborhoods. Grants or loans under this appropriation must be for projects located in neighborhoods designated under Minnesota Statutes, section 462A.206, subdivision 4. Grants or loans may be made for projects to reduce housing density, create open space, or provide buildable land for redevelopment. In funding projects under this subdivision, the agency may consider the extent to which the city is using existing resources and authority to remediate neighborhood property. Funds under this subdivision are only available to the extent they are matched by the city in which the project is located. This appropriation is available for the biennium ending June 30, 1997.

Sec. 7. [ECONOMIC VITALITY AND HOUSING INITIATIVE; APPROPRIATION.]

Subdivision 1. [ESTABLISHMENT.] The Minnesota housing finance agency may establish an economic vitality and housing initiative to provide funds for affordable housing projects in connection with local communities' economic development and redevelopment efforts. The purpose of the economic vitality and housing initiative is to provide resources for affordable housing in communities throughout the state necessary to ensure the expansion and preservation of the economic base and employment opportunities. The agency must use the economic vitality and housing initiative to leverage to the extent possible private and other public funds for the purpose of this section.

Subd. 2. [GREATER MINNESOTA.] In Greater Minnesota, which is defined for this section as the area of the state not included in subdivision 3, the agency must work with groups in the McKnight initiative fund regions to assist the agency in identifying the affordable housing needed in each region in connection with economic development and redevelopment efforts and in establishing priorities for uses of economic vitality and housing funds. The groups must include the McKnight initiative funds, the regional development commissions, the private industry councils, units of local government, community action agencies, the Minnesota housing partnership network groups, local lenders, for-profit and nonprofit developers, and realtors. In addition to priorities developed by the group, the agency must give a preference to viable projects in which area employers contribute financial assistance.

Subd. 3. [METROPOLITAN AREA.] In the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2, the agency must confer with the metropolitan council to identify the priorities for use of the economic vitality and housing funds. Funds distributed in the metropolitan area must be used consistent with the objectives set forth in Minnesota Statutes, section 473.252. In addition to the priorities identified in that section, the agency shall give preference to economically viable projects that:

(1) include a contribution of financial resources from units of local government and area employers;

(2) are located in areas accessible to public transportation or served by transportation programs;

(3) take into account the availability of job training efforts in the community;

(4) where feasible, are located along arterial roadways; and

(5) that address local and regional objectives for the development of affordable and life cycle housing and the redevelopment of neighborhoods and communities.

Subd. 4. [APPROPRIATION.] $13,000,000 is appropriated from the general fund to the commissioner of the housing finance agency. This appropriation is available for the biennium ending June 30, 1997.

Sec. 8. [APPLICATION.]

Sections 2 to 5 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 9. [EFFECTIVE DATE.]

Section 1 is effective for tax years beginning after December 31, 1995. Sections 2 and 3 are effective for sales made after June 30, 1995."

Delete the title and insert:

"A bill for an act relating to economic development and redevelopment; establishing the metropolitan revitalization fund; providing funding for housing and urban development in the metropolitan area; providing for a sales tax refund for certain construction materials; creating an urban homesteading program; providing funding for affordable housing that is related to community economic development and redevelopment; providing for a sales tax refund for certain construction materials; appropriating money; amending Minnesota Statutes 1994, sections 290.01, subdivision 19b; 297A.15, by adding a subdivision; 297A.25, by adding a subdivision; 477A.011, subdivision 37; 477A.013, subdivisions 8, 9, and by adding subdivisions; and 477A.03, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 473."

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

The report was adopted.

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

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.

Reported the same back with the following amendments:

Page 1, line 20, delete the first comma and insert "and" and delete ", and appliances"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

S. F. No. 77, A bill for an act relating to civil actions; new motor vehicle warranties; clarifying the limitation on actions after informal dispute settlement mechanism decisions; amending Minnesota Statutes 1994, section 325F.665, subdivisions 7 and 10.

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

The report was adopted.

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

S. F. No. 194, A bill for an act relating to highways; designating bridge as Bridge of Hope; amending Minnesota Statutes 1994, section 161.14, by adding a subdivision.

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

The report was adopted.

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

S. F. No. 264, A bill for an act relating to drivers' licenses; abolishing separate review process for commercial driver's license disqualification; amending Minnesota Statutes 1994, section 171.166, subdivision 3; repealing Minnesota Statutes 1994, section 171.166, subdivision 4.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

S. F. No. 308, A bill for an act relating to crime prevention; authorizing special registration plates for certain persons subject to an impoundment order; expanding the definition of prior license revocation; amending Minnesota Statutes 1994, sections 168.042, subdivision 8; and 169.121, subdivision 3.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 168.042, subdivision 8, is amended to read:

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

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

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

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

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

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

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

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

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

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

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

Sec. 2. Minnesota Statutes 1994, section 168.042, is amended by adding a subdivision to read:

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

Delete the title and insert:

"A bill for an act relating to crime prevention; authorizing special registration plates for certain persons subject to an impoundment order; amending Minnesota Statutes 1994, section 168.042, subdivision 8, and by adding a subdivision."

With the recommendation that when so amended the bill pass.

The report was adopted.

Rest from the Committee on Taxes to which was referred:

S. F. No. 526, A bill for an act relating to local government; modifying the local approval requirements for the Nashwauk area ambulance district law; amending Laws 1994, chapter 587, article 9, section 10, subdivision 6.

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

The report was adopted.

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

S. F. No. 1176, A bill for an act relating to utilities; providing that Sleepy Eye need not provide notice to the commissioner of trade and economic development before discontinuing steam heating operations.

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

The report was adopted.

H. F. Nos. 33, 139, 145, 377, 403, 474, 628, 779, 853, 892, 927, 1008, 1063, 1082, 1153, 1261, 1313, 1320, 1369, 1402, 1434, 1437, 1457, 1469, 1522, 1557, 1582, 1626 and 1698 were read for the second time.

S. F. Nos. 444, 1043, 77, 194, 264, 308, 526 and 1176 were read for the second time.

The following House Files were introduced:

Wagenius, Brown, Munger, Kinkel and Olson, E., introduced:

H. F. No. 1811, A bill for an act relating to taxes; modifying provisions relating to the sales tax on mixed municipal solid waste collection and disposal services; amending Minnesota Statutes 1994, sections 297A.01, subdivision 3, and by adding a subdivision; 297A.25, subdivision 11; and 297A.45.

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

Huntley, Sarna, Mahon, Rice and Opatz introduced:

H. F. No. 1812, A bill for an act relating to commerce; providing physician groups with an exception from laws prohibiting the restraint of trade; amending Minnesota Statutes 1994, sections 325D.50, by adding subdivisions; and 325D.55, by adding a subdivision.

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

Rice introduced:

H. F. No. 1813, A bill for an act relating to the organization and operation of state government; reducing 1995 economic development, infrastructure, and regulatory appropriations.

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

Leppik and Abrams introduced:

H. F. No. 1814, A bill for an act relating to financial institutions; regulating consumer credit; requiring that creditors consider a credit history in the name of the applicant's spouse; requiring that creditors report a credit history in the names of both spouses; amending Minnesota Statutes 1994, section 325G.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325G.

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

Entenza and Hausman introduced:

H. F. No. 1815, A bill for an act relating to courts; increasing the number of judges authorized in Ramsey county; amending Minnesota Statutes 1994, section 2.722, subdivision 1.

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

Otremba and Simoneau introduced:

H. F. No. 1816, A bill for an act relating to reemployment insurance; providing eligibility for benefits to certain business owners; amending Minnesota Statutes 1994, section 268.07, subdivision 3.

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

Knight introduced:

H. F. No. 1817, A bill for an act relating to state government; establishing the state sovereignty defense council; assigning its responsibilities; directing the attorney general to challenge certain federal mandates; proposing coding for new law in Minnesota Statutes, chapter 4A.

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

Knight introduced:

H. F. No. 1818, A bill for an act relating to retirement; limiting the definition of salary for calculating service pensions and other retirement benefits for members of police and salaried firefighters relief associations; amending Minnesota Statutes 1994, section 423A.01, subdivision 2.

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

The following House Advisory was introduced:

Lieder, Kalis, Tunheim, Rhodes and Hugoson introduced:

H. A. No. 10, A proposal for a study of special license plates.

The advisory was referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 282, A bill for an act relating to state government; permitting state employees to donate vacation leave for the benefit of a certain state employee.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

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

Patrick E. Flahaven, Secretary of the Senate

Ozment moved that the House concur in the Senate amendments to H. F. No. 812 and that the bill be repassed as amended by the Senate. The motion prevailed.

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

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams                Garcia                Krinkie               Opatz                 Stanek
Anderson, B.          Girard                Leighton              Orenstein             Sviggum
Bakk                  Goodno                Leppik                Orfield               Swenson, D.
Bertram               Greenfield            Lieder                Osskopp               Swenson, H.
Bettermann            Greiling              Lindner               Osthoff               Sykora
Bradley               Haas                  Long                  Ostrom                Tomassoni
Broecker              Hackbarth             Lourey                Otremba               Tompkins
Brown                 Harder                Luther                Ozment                Trimble
Carlson               Hasskamp              Lynch                 Paulsen               Tuma
Carruthers            Hausman               Macklin               Pawlenty              Tunheim
Clark                 Holsten               Mahon                 Pellow                Van Dellen
Commers               Hugoson               Mares                 Pelowski              Van Engen
Cooper                Huntley               Mariani               Perlt                 Vickerman
Daggett               Jaros                 Marko                 Peterson              Wagenius
Dauner                Jefferson             McCollum              Pugh                  Weaver
Davids                Jennings              McElroy               Rest                  Wejcman
JOURNAL OF THE HOUSE - 34th Day - Top of Page 1368

Dawkins               Johnson, A.           McGuire               Rhodes                Wenzel
Dehler                Johnson, R.           Milbert               Rostberg              Winter
Delmont               Kahn                  Molnau                Rukavina              Wolf
Dempsey               Kalis                 Mulder                Sarna                 Worke
Dorn                  Kelley                Munger                Schumacher            Workman
Entenza               Kinkel                Murphy                Seagren               Sp.Anderson,I
Erhardt               Knight                Ness                  Simoneau              
Farrell               Knoblach              Olson, E.             Skoglund              
Finseth               Koppendrayer          Olson, M.             Smith                 
Frerichs              Kraus                 Onnen                 Solberg               

Mr. Speaker:

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

S. F. Nos. 644, 759, 1200, 184, 193, 292, 320 and 577.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 793, 1060, 373, 447, 615, 121, 364 and 1018.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 16, 839, 965, 1086, 155, 204, 446, 163 and 1055.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 893, 1440, 172, 605, 830, 386, 474, 1209 and 290.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 644, A bill for an act relating to state lands; modifying the provisions of a land sale to the city of Anoka; amending Laws 1991, chapter 185, section 2.

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

S. F. No. 759, A bill for an act relating to economic development; changing certain departmental operating procedures; altering the corporate structure of Advantage Minnesota, Inc.; clarifying economic development authority powers; amending Minnesota Statutes 1994, sections 116J.58, subdivision 1; 116J.693, subdivisions 2, 3, 4, and 5; 116N.02, subdivision 1; 116N.06; and 446A.03, subdivision 4.

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

S. F. No. 1200, A bill for an act relating to crime prevention; requiring county sheriffs to be licensed as peace officers before taking office; amending Minnesota Statutes 1994, sections 204B.06, by adding a subdivision; 387.01; and 626.846, subdivision 6.

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

S. F. No. 184, A bill for an act relating to veterans; clarifying authority for use of funds from surplus facilities of the veterans homes board; amending Minnesota Statutes 1994, section 198.003, subdivisions 3 and 4.

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

S. F. No. 193, A bill for an act relating to veterans; authorizing an annual expense allowance for the veterans homes board of directors; amending Minnesota Statutes 1994, section 15A.081, subdivision 8.

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

S. F. No. 292, A bill for an act relating to public safety; changing name of McGruff program; amending Minnesota Statutes 1994, section 299A.28.

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

S. F. No. 320, A bill for an act relating to criminal procedure; allowing warrantless probable cause arrests for certain offenses committed on school property; proposing coding for new law in Minnesota Statutes, chapter 629.

The bill was read for the first time.

Dorn moved that S. F. No. 320 and H. F. No. 110, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 577, A bill for an act relating to health; modifying provisions relating to nursing home administrators; amending Minnesota Statutes 1994, section 144A.04, by adding a subdivision.

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

S. F. No. 793, A bill for an act relating to agriculture; eliminating requirements for certain periodic reports by the department of agriculture; amending Minnesota Statutes 1994, sections 18.0228, subdivision 3; and 42.04, subdivision 2; repealing Minnesota Statutes 1994, sections 18.023, subdivision 11; 32.73, subdivision 7; 40A.17; and 41.53, subdivision 3.

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

S. F. No. 1060, A bill for an act relating to employment; modifying provisions relating to reemployment insurance; amending Minnesota Statutes 1994, sections 268.04, subdivision 10; 268.06, subdivisions 3a, 18, 19, 20, and 22; 268.08, subdivision 6, and by adding a subdivision; 268.10, subdivision 2; 268.12, subdivision 12; 268.16, subdivisions 3a, 6, and by adding a subdivision; 268.161, subdivisions 8 and 9; 268.162, subdivision 2; 268.163, subdivision 3; 268.164, subdivision 3; 268.18, subdivisions 1, 2, 3, and 6; 270A.09, subdivision 1a; 352.01, subdivision 2b; 352.22, subdivision 10; and 574.26, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, sections 268.10, subdivisions 3, 4, 5, 6, 7, 8, 9, and 10; and 268.12, subdivisions 9, 10, and 13.

The bill was read for the first time.

Perlt moved that S. F. No. 1060 and H. F. No. 1145, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 373, A bill for an act relating to health; requiring efforts to seek certain waivers; defining subacute care; proposing coding for new law in Minnesota Statutes, chapter 144.

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

S. F. No. 447, A bill for an act relating to commerce; relating to the administrative duties of the commissioner; regulating service of orders and other papers; modifying enforcement powers; regulating notaries public; amending Minnesota Statutes 1994, sections 45.027, subdivision 7, and by adding a subdivision; 214.101, by adding a subdivision; 359.01; 359.02; and 332.34; proposing coding for new law in Minnesota Statutes, chapters 45; and 359.

The bill was read for the first time.

Entenza moved that S. F. No. 447 and H. F. No. 460, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 615, A bill for an act relating to transportation; establishing a high-speed bus service pilot project in the metropolitan area.

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

S. F. No. 121, A bill for an act relating to insurance; providing a remedy to an insured when an insurer refuses in bad faith to pay or to settle a claim; regulating fire loss claims; amending Minnesota Statutes 1994, sections 72A.20, subdivision 12; and 72A.201, subdivisions 4 and 8; proposing coding for new law in Minnesota Statutes, chapter 72A.

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

S. F. No. 364, A bill for an act relating to employment; authorizing certain employees to communicate certain threats; amending Minnesota Statutes 1994, section 268A.05, subdivision 1, and by adding a subdivision.

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

S. F. No. 1018, A bill for an act relating to courts; guardians ad litem; specifying the responsibilities of a guardian ad litem in juvenile and family court; requiring a report by the state court administrator; amending Minnesota Statutes 1994, sections 260.155, subdivision 4; and 518.165, by adding a subdivision.

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

S. F. No. 16, A bill for an act relating to health; modifying provisions relating to the administration and prescription of neuroleptic medications; changing the name of a court in certain circumstances; amending Minnesota Statutes 1994, sections 13.42, subdivision 3; 253B.03, subdivisions 6b and 6c; 253B.05, subdivisions 2 and 3; 253B.12, subdivision 1; and 253B.17, subdivision 1.

The bill was read for the first time.

Dawkins moved that S. F. No. 16 and H. F. No. 33, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 839, A bill for an act relating to agriculture; modifying pesticide posting requirements; changing certain pesticide dealer requirements; changing expiration of pesticide applicator certifications; requiring consideration of passive bioremediation in certain cases; changing classification and endorsement requirements to operate a vehicle carrying liquid fertilizer; amending Minnesota Statutes 1994, sections 18B.07, subdivision 3; 18B.31; 18B.36, subdivision 2; 18D.105, subdivision 3a; and 171.02, subdivision 2a.

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

S. F. No. 965, A bill for an act relating to transportation; authorizing issuance of permits for 12-foot wide loads of baled straw; changing classification and endorsement requirements to operate a vehicle carrying liquid fertilizer; amending Minnesota Statutes 1994, sections 169.851, subdivision 1; 169.862; and 171.02, subdivision 2a.

The bill was read for the first time.

Dauner moved that S. F. No. 965 and H. F. No. 1434, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1086, A bill for an act relating to elections; campaign finance; prohibiting lobbying by a principal campaign committee or political party committee that issues refund receipt forms; amending Minnesota Statutes 1994, sections 10A.322, subdivisions 1, 2, 4, and by adding a subdivision; and 290.06, subdivision 23; proposing coding for new law in Minnesota Statutes, chapter 10A.

The bill was read for the first time.

Cooper moved that S. F. No. 1086 and H. F. No. 1106, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 155, A bill for an act relating to wild animals; authorizing poultry farmers to trap great horned owls; amending Minnesota Statutes 1994, section 97B.705.

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

S. F. No. 204, A bill for an act relating to state government; requiring reporting on and certain analysis of federal mandates imposed on state agencies.

The bill was read for the first time.

Pawlenty moved that S. F. No. 204 and H. F. No. 139, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 446, A bill for an act relating to commerce; restraint of trade; repealing price markup provisions in the sales discrimination law; amending Minnesota Statutes 1994, section 325D.06; and repealing Minnesota Statutes 1994, section 325D.08.

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

S. F. No. 163, A bill for an act relating to crimes; changing expiration for the crime victim and witness advisory council; amending Minnesota Statutes 1994, section 611A.71, subdivision 7.

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

S. F. No. 1055, A bill for an act relating to occupations and professions; exempting certain social workers from requirement to obtain home care provider license; exempting some social workers employed in a hospital or nursing home from examination; modifying licensure requirements; requiring hospital and nursing home social workers to be licensed; amending Minnesota Statutes 1994, sections 144A.46, subdivision 2; 148B.23, subdivisions 1 and 2; 148B.27, subdivision 2, and by adding a subdivision; and 148B.60, subdivision 3; repealing Minnesota Statutes 1994, sections 148B.23, subdivision 1a; and 148B.28, subdivision 6.

The bill was read for the first time.

Kelley moved that S. F. No. 1055 and H. F. No. 724, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 893, A bill for an act relating to insurance; the comprehensive health association; changing benefits; changing the association's enrollment freeze date; amending Minnesota Statutes 1994, sections 62E.12; and 62Q.18, subdivision 8.

The bill was read for the first time.

Simoneau moved that S. F. No. 893 and H. F. No. 1130, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1440, A bill for an act relating to human services; adding to definition of base level funding; adding provisions for local children's mental health collaborative; changing provisions for integrated fund task force; requiring approval for a collaborative's integrated service system; amending Minnesota Statutes 1994, sections 245.492, subdivisions 2, 6, 9, and 23; 245.493, subdivision 2; 245.4932, subdivisions 1, 2, 3, and 4; 245.494, subdivisions 1 and 3; 245.495; 245.496, subdivision 3, and by adding a subdivision; and 256B.0625, subdivision 37; proposing coding for new law in Minnesota Statutes, chapter 245.

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

S. F. No. 172, A bill for an act relating to motor vehicles; providing for issuance of manufacturer test plates; amending Minnesota Statutes 1994, section 168.012, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 168; and 297B.

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

S. F. No. 605, A bill for an act relating to recreational vehicles; requiring youthful snowmobile operators and passengers to wear helmets; amending Minnesota Statutes 1994, section 84.872, by adding a subdivision.

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

S. F. No. 830, A bill for an act relating to state lands; allowing the sale of certain state forest lands; requiring the commissioner of natural resources to convey certain land to the city of Akeley for public purposes; proposing coding for new law in Minnesota Statutes, chapter 89.

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

S. F. No. 386, A bill for an act relating to health; modifying provisions relating to nursing home moratorium exceptions; amending Minnesota Statutes 1994, sections 144A.071, subdivisions 2, 4a, and by adding a subdivision; and 144A.073, subdivisions 1, 2, 3, 4, 8, and by adding a subdivision; repealing Minnesota Statutes 1994, section 144A.073, subdivision 3a.

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

S. F. No. 474, A bill for an act relating to insurance; accident and sickness; regulating policy reinstatement; amending Minnesota Statutes 1994, section 62A.04, subdivision 2.

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

S. F. No. 1209, A bill for an act relating to Hennepin county; modifying certain provisions concerning the county medical examiners office; amending Minnesota Statutes 1994, section 383B.225, subdivisions 5, 6, 7, 9, 11, and 12.

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

S. F. No. 290, A bill for an act relating to the environment; providing that contamination cleanup grants cover costs of developing a response action plan and cleanup costs incurred before the award of a grant in certain cases; modifying the application cycle for contamination cleanup grants; amending Minnesota Statutes 1994, sections 116J.552, subdivision 2; and 116J.555, subdivision 2.

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

H. F. No. 68, A bill for an act relating to insurance; requiring insurers to offer alternative methods for the payment of group life policy proceeds; amending Minnesota Statutes 1994, section 61A.09, subdivision 1.

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

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

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Carruthers moved that the remaining bills on the Consent Calendar for today be continued. The motion prevailed.

Carruthers moved that the 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.

Smith moved that the name of Mares be added as an author on H. F. No. 118. The motion prevailed.

Pawlenty moved that his name be stricken as an author on H. F. No. 167. The motion prevailed.

Commers moved that the names of Milbert, Pugh and Ozment be added as authors on H. F. No. 474. The motion prevailed.

Pawlenty moved that his name be stricken as an author on H. F. No. 667. The motion prevailed.

Orfield moved that the name of Tunheim be added as an author on H. F. No. 1127. The motion prevailed.

Weaver moved that the name of Haas be added as an author on H. F. No. 1168. The motion prevailed.

Milbert moved that the name of Pugh be added as an author on H. F. No. 1280. The motion prevailed.

Milbert moved that the name of Pugh be added as an author on H. F. No. 1444. The motion prevailed.

Winter moved that the names of Brown and Wenzel be added as authors on H. F. No. 1489. The motion prevailed.

Orenstein moved that the name of Mariani be added as an author on H. F. No. 1575. The motion prevailed.

Trimble moved that the name of Leppik be added as an author on H. F. No. 1620. The motion prevailed.

Carlson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 3, 1995, when the vote was taken on the final passage of H. F. No. 1371." The motion prevailed.

Schumacher moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 3, 1995, when the vote was taken on the final passage of S. F. No. 1099." The motion prevailed.

Otremba moved that H. F. No. 1478, now on General Orders, be re-referred to the Committee on Governmental Operations. The motion prevailed.

Pellow moved that H. F. No. 483 be returned to its author. The motion prevailed.

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, April 6, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, April 6, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

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