Anderson, R., was excused.

Peterson was excused until 3:30 p.m.

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

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

H. F. No. 976, A bill for an act relating to public administration; establishing various pilot projects to improve the efficiency and effectiveness of state agencies; authorizing waivers of certain rules and policies; improving the efficiencies of certain human services programs; amending Minnesota Statutes 1994, sections 256B.056, by adding

subdivisions; and 256D.405, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 383A; and 465; repealing Minnesota Statutes 1994, section 256D.425, subdivision 3; and Minnesota Rules, parts 3900.0100 to 3900.4700; and 3900.6100 to 3900.9100.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [PURPOSE.]

The purpose of this act is to make government work better and cost less. To accomplish this purpose, this act creates incentives for state and local employees to act in a manner that provides the best and most efficient services to the public. The act also removes barriers that currently discourage state and local agencies from taking innovative approaches to improving services and achieving cost savings.

The legislature reaffirms its commitment to an efficient and effective merit-based human resources system that meets the management needs of the state and that meets the program needs of the people of the state. The purpose of this article is to establish a process to ensure the continuation of merit-based principles, while removing rules and procedures that cause unnecessary inefficiencies in the state human resources system.

Sec. 2. [PILOT PROJECT.]

During the biennium ending June 30, 1997, the governor shall designate an executive agency that will conduct a pilot civil service project. The pilot program must adhere to the policies expressed in section 1 and in Minnesota Statutes, section 43A.01. For the purposes of conducting the pilot project, the commissioner of the designated agency is exempt from the provisions that relate to employment in Minnesota Statutes, chapter 43A, Minnesota Rules, chapter 3900, and administrative procedures and policies of the department of employee relations. If a proposed exemption from the provisions that relate to employment in Minnesota Statutes, chapter 43A, Minnesota Rules, chapter 3900, and administrative procedures and policies of the department of employee relations would violate the terms of a collective bargaining agreement effective under Minnesota Statutes, chapter 179A, the exemption is not effective without the consent of the exclusive representative that is a party to the agreement. Upon request of the commissioner carrying out the pilot project, the commissioner of employee relations shall provide technical assistance in support of the pilot project. This section does not exempt an agency from compliance with Minnesota Statutes, sections 43A.19 and 43A.191, or from rules adopted to implement those sections.

Sec. 3. [EVALUATION.]

The commissioner of employee relations, in consultation with the agency selected in section 2, shall design and implement a system for evaluating the success of the pilot project in section 2. The system specifically must:

(1) evaluate the extent to which the agency has been successful in maintaining a merit-based human resources system in the absence of the traditional civil service rules and procedures;

(2) quantify time and money saved in the hiring process under the pilot project as compared to hiring under the traditional rules and procedures; and

(3) document the extent of complaints or problems arising under the new system.

The agency involved in the pilot project under this article and the department of employee relations must report to the legislature by October 1, 1996, and October 1, 1997, on the progress and results of the project. The report must include at least the elements required in this section, and must also make recommendations for legislative changes needed to ensure the state will have the most efficient and effective merit-based human resources system possible.

Sec. 4. [WORKING GROUP.]

The governor shall appoint a stakeholder working group to advise the agency selected in section 2 and the commissioner of employee relations on implementation of the pilot project under this article. The group shall include not more than 15 people, and must include:

(1) not more than five representatives of management of the agency selected for the pilot project;

(2) not more than five representatives of exclusive representatives of the agency selected by the pilot project, chosen by the exclusive representatives, provided that the number of representatives under this clause may not be less than the number of management representatives under clause (1);

(3) up to three representatives of customers of the services provided by the agency selected for the pilot project; and

(4) up to two representatives of nonprofit citizens' organizations devoted to the study and improvement of government services.

Sec. 5. [PILOT PROJECT.]

During the biennium ending June 30, 1997, the human resources innovation committee established under Laws 1993, chapter 301, section 1, subdivision 6, shall designate state job classifications to be included in a pilot project. Under this pilot project: (1) resumes of applicants for positions to be filled through a competitive open process will be evaluated through an objective computerized system that will identify which applicants have the required skills; and (2) information on applicants determined to have required skills will be forwarded to the agency seeking to fill a vacancy, without ranking these applicants, and without a limit on the number of applicants that may be forwarded to the hiring agency. Laws or rules that govern examination, ranking of eligibles, and certification of eligibles for competitive open positions do not apply to those job classifications included in the pilot project. Before designating a job classification under this section, the committee must assure that the hiring process for those job classifications complies with the policies in section 1.

Sec. 6. [EVALUATION.]

The commissioner of employee relations, in consultation with the human resources innovation committee, shall design and implement a system for evaluating the success of the pilot project in section 5. By October 1, 1996, and October 1, 1997, the commissioner must report to the legislature on the pilot project. The report must:

(1) list job classifications subject to the pilot project, and the number of positions filled under these job classes;

(2) evaluate the extent to which the project has been successful in maintaining a merit-based system in the absence of traditional civil service laws and rules;

(3) quantify time and money saved in the hiring process under the pilot project, as compared to hiring under the traditional laws and rules;

(4) document the extent of complaints or problems arising under the new system; and

(5) recommend any changes in laws or rules needed to make permanent the successes of the pilot project.

Sec. 7. [EXTENSION.]

Laws 1993, chapter 301, section 1, subdivision 6, is not repealed until June 30, 1997.

Sec. 8. [REPEALER.]

Minnesota Rules, parts 3900.0100 to 3900.4700 and 3900.6100 to 3900.9100, and all administrative procedures of the department of employee relations that control the manner in which state agencies hire employees, are repealed on June 30, 1999.

Section 1. [FINDINGS.]

The legislature recognizes state employees as crucial resources in providing effective and efficient government services to the people of Minnesota. The legislature believes that state employees should benefit from successful efforts they make to improve government efficiency and effectiveness.

Sec. 2. [PILOT PROJECT.]

During the biennium ending June 30, 1997, the department of employee relations must implement a system of incentives including economic incentives for unrepresented employees for employees in the department. The system must be approved by the commissioner of finance before being implemented. The system must have the following characteristics:

(1) it must provide nonmanagerial unrepresented employees within the agency the possibility of earning economic rewards by suggesting changes in operation of the department's programs;

(2) it must provide nonmanagerial represented employees within the agency the possibility of receiving individual economic rewards, if provided in a collective bargaining agreement, for suggesting changes in the operation of the department's programs;

(3) it must provide groups of nonmanagerial represented employees within the agency the possibility of receiving group rewards in the form of training opportunities, additional employee complement, or other resources that benefit overall group performance;

(4) any economic awards must be based on changes in operations suggested by nonmanagerial employees that result in objectively measurable cost savings of at least $25,000 or significant and objectively measurable efficiencies in services that the agency provides to its customers or clients, without decreasing the quality of these services;

(5) awards must be a minimum of $500 up to a maximum of $2,500 per year to unrepresented nonmanagerial employees who were instrumental in identifying and implementing the efficiency and cost-saving measures;

(6) an "efficiency savings account" must be created within each fund that is used to provide money for department services. Each account consists of money saved directly as a result of initiatives under this article. Any awards under this article must be paid from money in an efficiency savings account. One-half of the money in the account may be used for awards under this article, and the remainder must be returned to the fund from which the money was appropriated;

(7) no award shall be given except upon approval of a team comprised of equal numbers of management and nonmanagement employees selected by the commissioner of employee relations from state employees outside of the department; and

(8) the economic awards granted to unrepresented employees must be one-time awards, and must not add to the base salary of employees.

Sec. 3. [REPORTING.]

The department of employee relations must report to the legislature on October 1, 1996, and October 1, 1997, on the progress and results of the incentive programs under this article. The reports must include:

(1) a description of the measurable cost savings and in-agency services that were used as the basis for rewards; and

(2) a list of the number and amount of awards granted.

The primary purpose of the laws governing state contracting is to ensure that state agencies obtain high quality goods and services at the least cost and in the most efficient and effective manner. The purpose of this article is to establish a process to ensure that agencies obtain goods and services in this manner, while removing rules and procedures that cause unnecessary inefficiencies in the purchasing system.

Sec. 2. [PILOT PROJECT.]

Notwithstanding any law to the contrary, the governor shall designate an executive agency that, during the biennium ending June 30, 1997, is exempt from any law, rule, or administrative procedure that requires approval of the commissioner of administration before an agency enters into a contract. The agency selected in this section must establish a process for obtaining goods and services that complies with the policies in section 1. The process must include guidelines to prevent conflicts of interest for agency employees involved in developing bid specifications or proposals, evaluating bids or proposals, entering into contracts, or evaluating the performance of a contractor. The guidelines must attempt to ensure that such an employee:

(1) does not have any financial interest in and does not personally benefit from the contract;

(2) does not accept from a contractor or bidder any promise, obligation, contract for future reward, or gift, other than an item of nominal value; and

(3) does not appear to have a conflict of interest because of a family or close personal relationship to a contractor or bidder, or because of a past employment or business relationship with a contractor or bidder.

Upon request of the agency, the department of administration shall provide the agency technical assistance in designing such a process.

Sec. 3. [EVALUATION.]

The commissioner of administration, in consultation with the agency selected in section 2, shall design and implement a system for evaluating the success of the pilot project in section 2. The system specifically must:

(1) evaluate the extent to which the agency has been successful in obtaining high quality goods and services at the least cost in the absence of the traditional checks placed on agencies by laws, rules, and procedures administered by the commissioner of administration;

(2) quantify time and money saved in the procurement process under the pilot project as compared to purchasing goods and services under the traditional rules and procedures; and

(3) document the extent of complaints or problems arising under the new system.

The agency involved in the pilot project under this article and the commissioner of administration must report to the legislature by October 1, 1996, and October 1, 1997, on the progress and results of the project. The reports must include at least the elements required in clauses (1) to (3) and must also make recommendations for legislative changes needed to ensure that the state will have the most efficient and effective system possible for purchasing goods and services.

Section 1. [465.7971] [WAIVERS OF STATE RULES; POLICIES.]

Subdivision 1. [APPLICATION.] A state agency may apply to the board for a waiver from: (1) an administrative rule or policy adopted by the department of employee relations that deals with the state personnel system; (2) an administrative rule or policy of the department of administration that deals with the state procurement system; or (3) a policy of the department of finance that deals with the state accounting system. Two or more state agencies may submit a joint application. A waiver application must identify the rule or policy at issue, and must describe the improved outcome sought through the waiver.

Subd. 2. [REVIEW PROCESS.] (a) The board shall review all applications submitted under this section. The board shall dismiss an application if it finds that the application proposes a waiver that would result in due process violations, violations of federal law or the state or federal constitution, or the loss of services to people who are

entitled to them. If a proposed waiver would violate the terms of a collective bargaining agreement effective under chapter 179A, the waiver is not effective without the consent of the exclusive representative that is a party to the agreement. The board may approve a waiver only if the board determines that if the waiver is granted: (1) services can be provided in a more efficient or effective manner; and (2) services related to human resources will be provided in a manner consistent with the policies expressed in article 2, section 1, and section 43A.01, and services related to procurement will be provided in a manner consistent with the policies expressed in article 4, section 1. In the case of a waiver from a policy of the department of finance, the board may approve the waiver only if it determines that services will be provided in a more efficient or effective manner and that state funds will be adequately accounted for and safeguarded in a manner that complies with generally accepted government accounting principles.

(b) Within 15 days of receipt of the application, the board must send a copy of the application to: (1) the agency whose rule or policy is involved; and (2) all exclusive representatives who represent employees of the agency requesting the waiver. The agency whose rule or policy is involved may mail a copy of the application to all persons who have registered with the agency under section 14.14, subdivision 1a.

(c) The agency whose rule or policy is involved or an exclusive representative must notify the board of its agreement with or objection to and grounds for objection to the waiver within 60 days of the date when the application was transmitted to the agency or the exclusive representative. An agency's or exclusive representative's failure to do so is considered agreement to the waiver.

(d) If the agency or the exclusive representative objects to the waiver, the board must schedule a meeting at which the agency requesting the waiver can present its case for the waiver, and the objecting party can respond. The board shall decide whether to grant a waiver at its next regularly scheduled meeting following its receipt of an agency's response, or the end of the 60-day response period, whichever occurs first. If consideration of an application is not concluded at the meeting, the matter may be carried over to the next meeting of the board. Interested persons may submit written comments to the board on the waiver request.

(e) If the board grants a request for a waiver, the board and the agency requesting the waiver shall enter into an agreement relating to the outcomes desired as a result of the waiver and the means of measurement to determine if these outcomes have been achieved with the waiver. The agreement must specify the duration of the waiver, which must be for at least two years and not more than four years. If the board determines that an agency to which a waiver is granted is failing to comply with the terms of the agreement, the board may rescind the agreement.

Subd. 3. [BOARD.] For purposes of evaluating waiver requests involving rules or policies of the department of administration, the chief administrative law judge shall appoint a third administrative law judge to replace the commissioner of administration on the board.

Section 1. [HOUSING FINANCE AGENCY PILOT PROJECT.]

Subdivision 1. [WAIVER.] In addition to the waiver provisions in Laws 1993, chapter 301, Minnesota Statutes, sections 43A.07, 43A.10, 43A.12 to 43A.15, 43A.17, 43A.18, and 43A.20, are waived to the extent necessary to implement the civil service pilot project in the housing finance agency as authorized by Laws 1993, chapter 301. If a waiver of any section of Minnesota Statutes, chapter 43A, would violate the terms of a collective bargaining agreement reached under Minnesota Statutes, chapter 179A, the waiver is not effective without the consent of the exclusive representative that is a party to the agreement.

Subd. 2. [UNREPRESENTED EMPLOYEES.] The salaries of unrepresented employees of the housing finance agency shall be administered according to the provisions of a salary plan developed by the commissioner of the housing finance agency and approved by the commissioner of employee relations.

Sec. 2. [TERMINATION.]

The civil service pilot project in the housing finance agency as authorized by Laws 1993, chapter 301, shall terminate at any time by a method agreed upon by the commissioners of employee relations and housing finance and the affected exclusive bargaining representative of state employees or on June 30, 1997, whichever occurs first.

Section 1. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:

Subd. 4a. [ASSET VERIFICATION.] For purposes of verification, the value of a life estate shall be considered not saleable unless the owner of the remainder interest intends to purchase the life estate, or the owner of the life estate and the owner of the remainder sell the entire property.

Sec. 2. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:

Subd. 4b. [INCOME VERIFICATION.] The local agency shall not require a monthly income verification form for a recipient who is a resident of a long-term care facility and who has monthly earned income of $80 or less.

Sec. 3. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:

Subd. 5a. [INDIVIDUALS ON FIXED INCOME.] Recipients of medical assistance who receive only fixed unearned income, where such income is unvarying in amount and timing of receipt throughout the year, shall report and verify their income annually.

Sec. 4. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:

Subd. 5b. [INDIVIDUALS WITH LOW INCOME.] Recipients of medical assistance not residing in a long-term care facility who have slightly fluctuating income which is below the medical assistance income limit shall report and verify their income on a semiannual basis.

Sec. 5. Minnesota Statutes 1994, section 256D.405, is amended by adding a subdivision to read:

Subd. 1a. [EXEMPTION.] Recipients who maintain supplemental security income eligibility are exempt from the reporting requirements of subdivision 1, except that the policies and procedures of transfers of assets are those used by the medical assistance program under section 256B.0595.

Sec. 6. [383A.311] [RAMSEY CONSTRUCTION CONTRACTS; PILOT PROJECT FOR ALTERNATIVE PROCUREMENT METHODS.]

Ramsey county may conduct a pilot project for construction projects under this section. Notwithstanding any other law, Ramsey county may contract for the acquisition, construction, or improvement of real property or buildings in a manner determined by the county board, with or without advertising for bids. Before proceeding without advertising for bids, the county board shall, by a vote of at least five board members, make a determination that an alternative construction procurement method serves the interest of the public in regard to cost, speed, and quality of construction. Alternative construction procurement methods include, but are not limited to: (1) the solicitation of proposals for construction on a design/build basis and subsequent negotiation of contract terms; or (2) the solicitation of proposals for a construction management agreement which may include a guaranteed maximum price. The provisions of section 383A.201 apply to this section. Each year, before January 15, Ramsey county shall report on actions taken under this section during the preceding year to state house and senate legislative committees having jurisdiction over local government matters. The authority provided in this section expires December 31, 1997.

Sec. 7. [UNIVERSITY OF MINNESOTA CONTRACTING.]

Notwithstanding any law to the contrary, the governor shall designate one executive agency that will work with the University of Minnesota to develop more efficient and effective procedures for state agencies to contract with the University of Minnesota. Consideration shall be given to using a single agency and a single set of administrative procedures for all state contracting with the University. As part of its 1998-1999 biennial budget request, the University of Minnesota shall include measures demonstrating the efficiency gained through these procedures and any recommendations for further improvements.

Sec. 8. [REPEALER.]

Minnesota Statutes 1994, section 256D.425, subdivision 3, is repealed.

Section 1. Minnesota Statutes 1994, section 179A.03, subdivision 4, is amended to read:

Subd. 4. [CONFIDENTIAL EMPLOYEE.] "Confidential employee" means any employee who:

(1) has access to information subject to use by the public employer in meeting and negotiating; or

(2) actively participates in the meeting and negotiating on behalf of the public employer.

However, for executive branch employees of the state or employees of the regents of the University of Minnesota, "confidential employee" means any employee who:

(a) has access to information subject to use by the public employer in collective bargaining; or

(b) actively participates in collective bargaining on behalf of the public employer.

The commissioner shall not deem administrative convenience to be a sufficient justification to declare an employee confidential if the record establishes that an adequate number of confidential employees presently exists to efficiently conduct the employer's labor relations activities.

Sec. 2. Minnesota Statutes 1994, section 179A.03, subdivision 17, is amended to read:

Subd. 17. [SUPERVISORY EMPLOYEE.] "Supervisory employee" means a person who has the authority to undertake a majority of the following supervisory functions in the interests of the employer: hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other employees, direction of the work of other employees, or adjustment of other employees' grievances on behalf of the employer. To be included as a supervisory function which the person has authority to undertake, the exercise of the authority by the person may not be merely routine or clerical in nature but must require the use of independent judgment. An employee, other than an essential employee, who has authority to effectively recommend a supervisory function, is deemed to have authority to undertake that supervisory function for the purposes of this subdivision. The administrative head of a municipality, municipal utility, or police or fire department, and the administrative head's assistant, are always considered supervisory employees.

In determining if an employee is a supervisory employee, the commissioner may examine the organizational structure of the employer to observe specifically the balance between proposed supervisory employees and employees supervised. The commissioner's examination may include consideration of the physical layout of the facilities, proximity of supervisors to those supervised, number of work locations and their geographical placement, and hours of work.

The removal of employees by the employer from a nonsupervisory appropriate unit for the purpose of designating the employees as "supervisory employees" shall require either the prior written agreement of the exclusive representative and the written approval of the commissioner or a separate determination by the commissioner before the redesignation is effective.

Section 3. [POLICY.]

Nothing in articles 1 to 7 authorizes the unilateral modification or abrogation of a right under a collective bargaining agreement. The legislature affirmatively encourages state agencies and bargaining units, when negotiating future agreements, to allow for participation in pilot projects that foster innovation, creativity, and productivity within the state human resource system and within individual agencies, departments, or units thereof.

Section 1. [EFFECTIVE DATE.]

Articles 1 to 5; 7, sections 6 and 7; and 8 are effective the day following final enactment. Article 6 is effective July 1, 1995, and expires June 30, 1997. Article 7, sections 1 to 5 and 8, are effective August 1, 1995."

Delete the title and insert:

"A bill for an act relating to public administration; establishing various pilot projects to improve the efficiency and effectiveness of state agencies; authorizing waivers of certain rules and policies; improving the efficiencies of certain human services programs; amending Minnesota Statutes 1994, sections 179A.03, subdivisions 4 and 17; 256B.056, by adding subdivisions; and 256D.405, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 383A; and 465; repealing Minnesota Statutes 1994, section 256D.425, subdivision 3; and Minnesota Rules, parts 3900.0100 to 3900.4700; and 3900.6100 to 3900.9100."

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.

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

S. F. No. 1536, A bill for an act relating to the organization and operation of state government; appropriating money for the department of transportation and other agencies with certain conditions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

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

The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in this act, to be available for the fiscal years indicated for each purpose. The figures "1996," and "1997," where used in this act, mean that the appropriation or appropriations listed under them are available for the year ending June 30, 1996, or June 30, 1997, respectively.

1996 1997 TOTAL

General $ 62,661,000 $ 60,698,000$123,359,000

Airports 16,000,000 16,400,00032,400,000

C.S.A.H. 285,642,000 293,068,000578,710,000

Highway User 10,325,000 10,332,00020,657,000

M.S.A.S. 87,078,000 89,240,000176,318,000

Special Revenue 910,000 934,000 1,844,000

Trunk Highway 822,733,000 812,168,0001,634,901,000

Transfers to Other

Direct (2,916,000) (2,674,000)(5,590,000)

TOTAL 1,282,433,000 1,280,166,000 2,562,599,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. TRANSPORTATION

Subdivision 1. Total Appropriation 1,158,158,000 1,158,665,000

The appropriations in this section are from the trunk highway fund, except when another fund is named.

Summary by Fund

General12,645,000 13,644,000

Airports15,950,000 16,350,000

C.S.A.H.285,642,000293,068,000

M.S.A.S.87,078,000 89,240,000

Trunk Highway756,843,000747,363,000

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. Aeronautics 15,880,000 16,280,000

This appropriation is from the state airports fund.

The amounts that may be spent from this appropriation for each activity are as follows:

(a) Airport Development and Assistance

1996 1997

11,349,000 11,748,000

$2,146,000 the first year and $2,146,000 the second year are for navigational aids.

$6,800,000 the first year and $7,200,000 the second year are for airport construction grants.

$2,300,000 the first year and $2,300,000 the second year are for airport maintenance grants.

If the appropriation for either year for navigational aids, airport construction grants, or airport maintenance grants is insufficient, the appropriation for the other year is available for it. The appropriations for construction grants and maintenance grants may be spent only for grant-in-aid programs for airports that are not state owned.

These appropriations must be spent in accordance with Minnesota Statutes, section 360.305, subdivision 4.

The commissioner of transportation may transfer unencumbered balances among the appropriations for airport development and assistance with the approval of the governor after consultation with the legislative advisory commission.

$12,000 the first year and $12,000 the second year are for maintenance of the Pine Creek Airport.

$91,000 the first year and $90,000 the second year are for air service grants.

(b) Aviation Support

4,470,000 4,471,000

$65,000 the first year and $65,000 the second year are for the civil air patrol.

$15,000 the first year and $15,000 the second year are for the advisory council on metropolitan airport planning. The commissioner of transportation shall transfer these funds to the legislative coordinating commission by July 15 of each year.

(c) Air Transportation Services

61,000 61,000

Subd. 3. Transit 12,293,000 12,292,000

Summary by Fund

General12,005,000 12,004,000

Trunk Highway288,000 288,000

The amounts that may be spent from this appropriation for each activity are as follows:

(a) Greater Minnesota Transit Assistance

11,557,000 11,556,000

This appropriation is from the general fund.

(b) Transit Administration

736,000 736,000

Summary by Fund

General 448,000 448,000

Trunk Highway288,000 288,000

Any unencumbered balance remaining in the first year does not cancel but is available for the second year.

Subd. 4. Railroads and Waterways 1,431,000 1,431,000

Summary by Fund

General 492,000 492,000

Trunk Highway939,000 939,000

$250,000 the first year and $250,000 the second year are for a phase-II feasibility study of high-speed rail service in Minnesota, Wisconsin, and Illinois along the southern corridor identified in the tri-state study of high-speed rail service. The commissioner may enter into agreements with Wisconsin and Illinois to cooperate in

the study. The study outline must include all subjects identified in Laws 1994, chapter 640, section 5, paragraph (b). This appropriation is contingent on Wisconsin providing $500,000 and on receipt of federal matching money for the study. This appropriation is from the general fund and is available until spent.

Subd. 5. Motor Carrier Regulation 2,216,000 2,217,000

Summary by Fund

General 107,000 107,000

Trunk Highway2,109,0002,110,000

Subd. 6. Local Roads 372,720,000 382,308,000

Summary by Fund

C.S.A.H.285,642,000293,068,000

M.S.A.S.87,078,000 89,240,000

The amounts that may be spent from this appropriation for each activity are as follows:

(a) County State Aids

285,642,000 293,058,000

This appropriation is from the county state-aid highway fund and is available until spent.

(b) Municipal State Aids

87,078,000 89,240,000

This appropriation is from the municipal state-aid street fund and is available until spent.

If an appropriation for either county state aids or municipal state aids does not exhaust the balance in the fund from which it is made in the year for which it is made, the commissioner of finance, upon request of the commissioner of transportation, shall notify the committee on finance of the senate and the committee on ways and means of the house of representatives of the amount of the remainder and shall then add that amount to the appropriation. The amount added is appropriated for the purposes of county state aids or municipal state aids, as appropriate.

(c) State Aid Technical Assistance

5,706,000 5,852,000

These amounts are for payments from the following statutory open appropriations.

Summary by Fund

C.S.A.H.4,373,000 4,486,000

M.S.A.S.1,333,000 1,366,000

Subd. 7. State Road Construction 516,960,000 515,986,000

The amounts that may be spent from this appropriation for each activity are as follows:

(a) State Road Construction

376,463,000 377,763,000

It is estimated that the appropriation from the trunk highway fund will be funded as follows:

Federal Highway Aid

205,000,000 205,000,000

Highway User Taxes

171,463,000 172,763,000

The commissioner of transportation shall notify the chair of the committee on finance of the senate and chair of the committee on ways and means of the house of representatives quarterly of any events that should cause these estimates to change.

The commissioner may receive money covering other shares of the cost of partnership projects with other governmental units. These receipts are appropriated to the commissioner for these projects.

This appropriation is for the actual construction, reconstruction, and improvement of trunk highways. This includes the cost of actual payment to landowners for lands acquired for highway right-of-way, payment to lessees, interest subsidies, and relocation expenses.

Before proceeding with a project with a cost exceeding $10,000,000, the commissioner shall consider the feasibility of alternative means of financing the project, including but not limited to congestion pricing, tolls, mileage pricing, and public-private partnership.

(b) Highway Debt Service

21,728,000 19,602,000

$11,948,000 the first year and $7,641,000 the second year are for transfer to the state bond fund.

If this appropriation is insufficient to make all transfers required in the year for which it is made, the commissioner of finance shall notify the committee on finance of the senate and the committee on ways and means of the house of representatives of the amount of the deficiency and shall then transfer that amount under the statutory open appropriation.

Any excess appropriation must be canceled to the trunk highway fund.

(c) Research and Investment Management

10,388,000 10,390,000

$243,000 the first year and $243,000 the second year are available for grants for transportation studies outside the metropolitan area for transportation studies to identify critical concerns, problems, and issues. These grants are available to (1) regional development commissions, and (2) in regions where no regional development commission is functioning, joint-powers boards established under agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission.

$180,000 the first year and $180,000 the second year are available for grants to metropolitan planning organizations outside the seven-county metropolitan area.

$75,000 the first year and $75,000 the second year are for a transportation research contingent account to finance research projects that are reimbursable from the federal government or from other sources. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

(d) Design Engineering

52,981,000 52,981,000

Of these appropriations, $2,304,000 the first year and $2,304,000 the second year are for equipment. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

(e) Construction Engineering

55,400,000 55,250,000

Subd. 8. State Road Operations 192,403,000 192,766,000

(a) State Road Operations

188,244,000 188,607,000

$14,018,000 the first year and $14,006,000 the second year are for equipment. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

(b) Electronic Communications

4,159,000 4,159,000

Subd. 9. General Administration 44,255,000 35,385,000

Summary by Fund

General 41,000 41,000

Airports 70,000 70,000

Trunk Highway44,144,00035,274,000

The amounts that may be spent from this appropriation for each activity are as follows:

(a) General Management

22,843,000 22,899,000

$250,000 in the first year is for research and operational testing of a road-powered electric vehicle (RPEV) system, either with high-occupancy vehicles, shuttles, or full-size buses, as part of the Saints road project in St. Cloud. This project must be coordinated with the St. Cloud area metropolitan transit commission. The commissioner shall analyze findings and make recommendations on (1) snow and ice control over extended periods of system operation, (2) design applications for road installation, (3) durability and reliability of such a system on public or private roadway over an extended period, (4) safety factors and hazard mitigation related to the probability of occurrence of hazards, and (5) preliminary research on application of the system to intelligent transportation systems. Of this appropriation $150,000 is available immediately and an additional $100,000 is available only if it is matched with at least $50,000 in in-kind funding from private and other sources. The commissioner shall seek federal funding for this project as well as local matching funds. The commissioner shall not spend this appropriation until the commissioner has determined that the RPEV study, evaluation, and test required under Laws 1994, chapter 640, section 4, paragraph (a), has been satisfactorily completed. This appropriation is from the trunk highway fund.

(b) General Services

21,412,000 12,486,000

Summary by Fund

General 41,000 41,000

Airports 70,000 70,000

Trunk Highway21,301,00012,375,000

$3,500,000 the first year and $3,500,000 the second year are for data processing development. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

$9,000,000 the first year is for purchase of the Water's Edge office building for use of the department's metropolitan district. This appropriation is from the trunk highway fund.

The commissioner of transportation shall manage the department of transportation in such a manner as to provide seasonal employees of the department with the maximum feasible amount of employment security consistent with the efficient delivery of department programs.

Subd. 10. Transfers

The commissioner of transportation with the approval of the commissioner of finance may transfer unencumbered balances among the appropriations from the trunk highway fund and the

state airports fund made in this section. No transfer may be made from the appropriation for state road construction. No transfer may be made from the appropriations for debt service to any other appropriation. Transfers may not be made between funds. Transfers must be reported immediately to the committee on finance of the senate and the committee on ways and means of the house of representatives.

Sec. 3. METROPOLITAN COUNCIL TRANSIT

Subdivision 1. Total Appropriation 42,417,000 41,792,000

Subd. 2. Metro Mobility

15,300,000 15,300,000

The metropolitan council must not spend any money for metro mobility outside this appropriation, except proceeds from bond sales where use of such proceeds for metro mobility capital expenditure is authorized by law.

Subd. 3. Other Transit and Agency Costs

27,117,000 26,492,000

Of this amount, the metropolitan council may use up to $625,000 during the biennium to implement a high-speed bus demonstration project. The project may be implemented with reorganized existing transit service or provision of new service.

Sec. 4. TRANSPORTATION REGULATION BOARD 605,000

This appropriation is from the trunk highway fund.

The board, in cooperation with the commissioner of transportation, the center for transportation studies, and the legislative auditor, shall conduct a study of the transfer of powers, duties, and functions of the board to an appropriate agency. The study must include (1) which powers of the board should be eliminated, and (2) the relocation to other agencies of those powers of the board that should be retained. In conducting the study, the board shall establish and consult with an advisory committee that includes, but is not limited to, representatives of for-hire and private trucking, including household goods movers; representatives of for-hire and private passenger carriers, including limousines and personal transportation consumers; and members of legislative committees and divisions that are responsible for transportation policy or funding. The board shall submit a report on the study, including recommendations and draft legislation, to the legislature by February 1, 1996.

Sec. 5. PUBLIC SAFETY

Subdivision 1. Total Appropriation 82,114,000 81,276,000

Summary by Fund

1996 1997

General 6,586,000 6,197,000

Highway User10,200,00010,207,000

Special Revenue910,000934,000

Trunk Highway64,418,00063,938,000

Transfers to Other

Direct(2,916,000) (2,674,000)

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. Administration and Related Services

6,172,000 5,258,000

Summary by Fund

General 890,000 615,000

Highway User19,000 19,000

Trunk Highway5,263,0004,624,000

$326,000 the first year and $326,000 the second year are for payment of public safety officer survivor benefits under Minnesota Statutes, section 299A.44. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

$92,000 the first year and $92,000 the second year are for soft body armor reimbursements under Minnesota Statutes, section 299A.38.

$745,000 the first year and $88,000 the second year are for integration and development of the statewide juvenile criminal history system, extended juvenile justice data system, statewide misdemeanor system, and the tracking system for domestic abuse orders for protection with the department's centralized computer systems. These appropriations are from the trunk highway fund.

Subd. 3. State Patrol

43,727,000 43,835,000

Summary by Fund

General 451,000 406,000

Highway User60,000 60,000

Trunk Highway43,216,00043,369,000

$654,000 from the trunk highway fund in the first year and $802,000 from the trunk highway fund in the second year are to staff the Moorhead scale and maintain the state patrol trooper count of 535 full-time employees.

During the biennium ending June 30, 1997, no more than five positions, excluding the chief patrol officer, in the state patrol support activity may be filled by state troopers.

During the biennium ending June 30, 1997, the commissioner may purchase other motor fuel when gasohol is not available for the operation of state patrol vehicles.

$20,000 from the trunk highway fund in the first year and $20,000 from the trunk highway fund in the second year are for the school bus safety program.

$45,000 is available from the general fund for the biennium to replace security equipment at the governor's residence.

Subd. 4. Driver and Vehicle Services

29,446,000 29,460,000

Summary by Fund

General 3,511,000 3,512,000

Highway User10,121,00010,128,000

Trunk Highway15,756,00015,761,000

Special Revenue58,000 59,000

The appropriation from the special revenue fund is from the bicycle transportation account.

Subd. 5. Traffic Safety

244,000 245,000

Summary by Fund

General 61,000 61,000

Trunk Highway183,000 184,000

Subd. 6. Pipeline Safety

852,000 875,000

This appropriation is from the pipeline safety account in the special revenue fund.

Subd. 7. Reimbursements

(a) $1,673,000 the first year and $1,603,000 the second year are appropriated from the general fund for transfer by the commissioner of finance to the trunk highway fund on January 1, 1996, and January 1, 1997, respectively, in order to reimburse the trunk highway fund for expenses not related to the fund. These represent amounts appropriated out of the trunk highway fund for general fund purposes in the administration and related services program.

(b) $439,000 the first year and $441,000 the second year are appropriated from the highway user tax distribution fund for transfer by the commissioner of finance to the trunk highway fund on January 1, 1996, and January 1, 1997, respectively, in order to reimburse the trunk highway fund for expenses not related to the fund. These represent amounts appropriated out of the trunk highway fund for highway user fund purposes in the administration and related services program.

(c) $716,000 the first year and $716,000 the second year are appropriated from the highway user tax distribution fund for transfer by the commissioner of finance to the general fund on January 1, 1996, and January 1, 1997, respectively, in order to reimburse the general fund for expenses not related to the fund. These represent amounts appropriated out of the general fund for operation of the criminal justice data network related to driver and motor vehicle licensing.

Sec. 6. SUPREME COURT 1,013,000 65,000

This appropriation is from the general fund for the following purposes:

$675,000 the first year and $65,000 the second year are for the statewide juvenile criminal history system and extended juvenile justice data.

$338,000 the first year is to implement the electronic livescan/cardscan fingerprint technology for the statewide arrest/booking locations in accordance with the Minnesota criminal and juvenile justice task force recommendations.

Up to $1,000,000 from dedicated noncriminal justice records fees shall be used to implement the electronic livescan/cardscan fingerprint technology for the statewide arrest/booking locations in accordance with the Minnesota criminal and juvenile task force recommendations.

Sec. 7. MINNESOTA SAFETY COUNCIL 67,000 67,000

This appropriation is from the trunk highway fund.

Sec. 8. GENERAL CONTINGENT ACCOUNTS 375,000 375,000

The appropriations in this section may only be spent with the approval of the governor after consultation with the legislative advisory commission pursuant to Minnesota Statutes, section 3.30.

If an appropriation in this section for either year is insufficient, the appropriation for the other year is available for it.

Summary by Fund

Trunk Highway Fund 200,000 200,000

Highway User Tax

Distribution Fund 125,000 125,000

State Airports Fund 50,000 50,000

Sec. 9. TORT CLAIMS 600,000 600,000

To be spent by the commissioner of finance.

This appropriation is from the trunk highway fund.

If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

Sec. 10. [FORGIVENESS OF BALANCE OF LOAN.]

Notwithstanding any law to the contrary, the cities of Brooklyn Park and Maple Grove need not repay to the metropolitan council's right-of-way acquisition loan fund established in Minnesota Statutes, section 473.167, subdivision 2, any outstanding balance as of the effective date of this section of a loan from that fund that was made for the purpose of preparing an environmental impact statement for marked trunk highway No. 610.

Sec. 11. [WAKOTA BRIDGE; SCHEDULE FOR COMPLETION.]

Subdivision 1. [FINDINGS.] The legislature finds that:

(1) the completion of the Wakota bridge project connecting the cities of South St. Paul and Newport is needed by 2000 as shown in the metropolitan council's transportation policy plan;

(2) the project is considered one of the priority river crossings in the metropolitan area according to that policy plan; and

(3) the needs of the affected communities and of the entire regional transportation system require that the department of transportation make every effort to begin this project as rapidly as possible.

Subd. 2. [SCHEDULE FOR COMPLETION.] (a) The commissioner of transportation shall schedule construction of the Wakota bridge-trunk highway No. 61 project in South St. Paul and Newport according to the following schedule:

(1) the commissioner shall complete all preconstruction operations and land acquisition and shall begin construction of the first phase of the project, involving new river bridge construction and trunk highway No. 61 Newport access, not later than August 1, 1999;

(2) the commissioner shall begin construction of the second phase of the project, involving the interchange between marked interstate highway No. 494 and trunk highway No. 61 and related approaches, not later than August 1, 2001; and

(3) the commissioner shall begin construction of the third phase of the project, involving redecking and refurbishing the existing river bridge and completion of remaining components of the project, not later than August 1, 2003.

(b) The commissioner shall include the Wakota bridge-trunk highway No. 61 project in the statewide transportation improvement program for federal fiscal year 1998.

(c) The commissioner shall submit an annual report to the legislature by February 1 of each year describing the status of the project and indicating remaining uncompleted components of the project.

Sec. 12. Minnesota Statutes 1994, section 171.06, subdivision 2, is amended to read:

Subd. 2. [FEES.] (a) The fees for a license and Minnesota identification card are as follows:

Classified Driver License C-$18.50CC-$22.50B-$29.50A-$37.50

Classified Under 21 D.L.C-$18.50CC-$22.50B-$29.50A-$17.50

Instruction Permit $ 9.50

Duplicate Driver or Under 21 License or duplicate identification card $ 8.00

Minnesota identification card other than duplicate, except as otherwise

provided in section 171.07, subdivisions 3 and 3a $12.50

Sec. 13. Minnesota Statutes 1994, section 171.20, subdivision 4, is amended to read:

Subd. 4. [REINSTATEMENT FEE.] A person whose driver's license has been suspended under section 171.16, subdivision 2,; 171.18, except subdivision 1, clause (10); or 171.182, or who has been disqualified from holding a commercial driver's license under section 171.165 must pay a $20 fee before the license is reinstated. When this fee is collected by a county-operated office of deputy registrar, a $3.50 handling charge is imposed. The handling charge must be deposited in the treasury of the place for which the deputy registrar was appointed and the $20 reinstatement fee must be deposited in an approved state depository as directed under section 168.33, subdivision 2. A suspension may be rescinded without fee for good cause.

Sec. 14. Minnesota Statutes 1994, section 299A.38, subdivision 2, is amended to read:

Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers and heads of local law enforcement agencies who buy vests for the use of peace officer employees may apply to the commissioner for reimbursement of funds spent to buy vests. On approving an application for reimbursement, the commissioner shall pay the applicant an amount equal to the lesser of one-third one-half of the vest's purchase price or $165 $300. The political subdivision that employs the peace officer shall pay at least the lesser of one-third one-half of the vest's purchase price or $165 $300. The political subdivision may not deduct or pay its share of the vest's cost from any clothing, maintenance, or similar allowance otherwise provided to the peace officer by the law enforcement agency.

Sec. 15. Minnesota Statutes 1994, section 299A.44, is amended to read:

299A.44 [DEATH BENEFIT.]

Subdivision 1. [PAYMENT REQUIRED.] On certification to the governor by the commissioner of public safety that a public safety officer employed within this state has been killed in the line of duty, leaving a spouse or one or more eligible dependents, the commissioner of finance shall pay $100,000 from the public safety officer's benefit account, as follows:

(1) if there is no dependent child, to the spouse;

(2) if there is no spouse, to the dependent child or children in equal shares;

(3) if there are both a spouse and one or more dependent children, one-half to the spouse and one-half to the child or children, in equal shares;

(4) if there is no surviving spouse or dependent child or children, to the parent or parents dependent for support on the decedent, in equal shares; or

(5) if there is no surviving spouse, dependent child, or dependent parent, then no payment may be made from the public safety officer's benefit fund.

Subd. 2. [ADJUSTMENT OF BENEFIT.] On October 1 of each year beginning after the effective date of this subdivision, the commissioner of public safety shall adjust the level of the benefit payable immediately before October 1 under subdivision 1, to reflect the annual percentage change in the Consumer Price Index for all urban consumers, published by the federal Bureau of Labor Statistics, occurring in the one-year period ending on June 1 immediately preceding such October 1.

Sec. 16. Minnesota Statutes 1994, section 403.11, subdivision 1, is amended to read:

Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each customer of a telephone company or communications carrier that provides service capable of originating a 911 emergency telephone call is assessed a fee to cover the costs of ongoing maintenance and related improvements for trunking and central office switching equipment for minimum 911 emergency telephone service, plus administrative and staffing costs of the department of administration related to managing the 911 emergency telephone service program. Recurring charges by a public utility providing telephone service for updating the information required by section 403.07, subdivision 3, must be paid by the commissioner of administration if the utility is included in an approved 911 plan and the charges have been certified and approved under subdivision 3. An amount equal to two cents a month from the fee assessed under this section on cellular and other nonwire access services is appropriated to the commissioner of public safety for the purpose of offsetting the costs, including administrative and staffing costs, incurred by the state patrol division of the

department of public safety in handling 911 emergency calls made from cellular phones. Money remaining in the 911 emergency telephone service account after all other obligations are paid must not cancel and is carried forward to subsequent years and may be appropriated from time to time to the commissioner of administration to provide financial assistance to counties for the improvement of local emergency telephone services. The improvements may include providing access to minimum 911 service for telephone service subscribers currently without access and upgrading existing 911 service to include automatic number identification, local location identification, automatic location identification, and other improvements specified in revised county 911 plans approved by the department.

(b) The fee may not be less than eight cents nor more than 30 cents a month for each customer access line or other basic access service, including trunk equivalents as designated by the public utilities commission for access charge purposes and including cellular and other nonwire access services. The fee must be the same for all customers.

(c) The fee must be collected by each company or carrier providing service subject to the fee. Fees are payable to and must be submitted to the commissioner of administration monthly before the 25th of each month following the month of collection, except that fees may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a month is due. Receipts must be deposited in the state treasury and credited to a 911 emergency telephone service account in the special revenue fund. The money in the account may only be used for 911 telephone services as provided in paragraph (a).

(d) The commissioner of administration, with the approval of the commissioner of finance, shall establish the amount of the fee within the limits specified and inform the companies and carriers of the amount to be collected. Companies and carriers must be given a minimum of 45 days notice of fee changes.

(e) This subdivision does not apply to customers of a telecommunications carrier as defined in section 237.01, subdivision 6.

Sec. 17. Minnesota Statutes 1994, section 457A.02, subdivision 2, is amended to read:

Subd. 2. [COMMISSIONER TO ADMINISTER.] The commissioner shall administer the port development assistance program to advance the purposes of subdivision 1. In administering the program, the commissioner may:

(1) make grants and loans to persons applicants eligible under section 457A.03, subdivision 1, to apply for them;

(2) make assistance agreements with recipients of grants and loans; and

(3) adopt rules authorized by section 457A.05.

Sec. 18. Minnesota Statutes 1994, section 457A.03, subdivision 3, is amended to read:

Subd. 3. [STATE PARTICIPATION; LIMITATIONS.] The commissioner may not provide any assistance under this chapter for more than 50 80 percent of the nonfederal share of any project. Assistance provided under this chapter may not be used to match any other state funds. The commissioner shall not assume continuing funding responsibility for any commercial navigation facility project.

Sec. 19. [REPEALER.]

Minnesota Statutes 1994, section 457A.01, subdivision 7, is repealed.

Sec. 20. [APPLICATION.]

Sections 3 and 10 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 21. [EFFECTIVE DATE.]

Sections 10 and 11 are effective the day following final enactment. All other provisions of this act are effective July 1, 1995."

Delete the title and insert:

"A bill for an act relating to the organization and operation of state government; appropriating money for the department of transportation and other state agencies; modifying certain programs; providing for regulation of certain activities and practices; providing for fees; requiring studies and reports; amending Minnesota Statutes 1994, sections

171.06, subdivision 2; 171.20, subdivision 4; 299A.38, subdivision 2; 299A.44; 403.11, subdivision 1; 457A.02, subdivision 2; and 457A.03, subdivision 3; repealing Minnesota Statutes 1994, section 457A.01, subdivision 7."

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.

The following House Files were introduced:

Hasskamp, Kinkel, Trimble, Dauner and Winter introduced:

H. F. No. 1855, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with property taxes.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Kelso and Kinkel, for the Committee on Education, introduced:

H. F. No. 1856, A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, higher education board, board of regents of the University of Minnesota, and Mayo Medical Foundation, with certain conditions; altering requirements for the youth works program; modifying appropriations for instructional services; imposing conditions on participation in post-secondary enrollment options; removing requirements for certain reports; establishing a semester system and common calendar; requiring administrative interaction with students; modifying use of education institution data; extending time for POST board funding change; requiring review of Akita program; requiring efficiency in use of facilities; establishing a model instruction program in translating and interpreting services; requiring distribution of career planning and job placement information; abolishing the higher education coordinating board and transferring its duties; creating the higher education service office and higher education administrators council; prescribing changes in certain financial assistance programs; changing certain higher education statutes to reflect the merger of the community colleges, state universities, and technical colleges; amending Minnesota Statutes 1994, sections 3.9741, subdivision 2; 43A.08, subdivision 1; 121.707, subdivisions 2 and 3; 121.709; 126.56; 126.663, subdivision 3; 126A.02, subdivision 2; 135A.031, subdivision 2; 135A.12, subdivision 1; 135A.15, subdivision 1; 135A.153, subdivision 1; 136.172; 136A.01; 136A.03; 136A.07; 136A.08; 136A.101, subdivisions 2, 3, 5, 7, 8, and 10; 136A.121, subdivisions 5, 6, and 9; 136A.125, subdivision 6; 136A.1359, subdivisions 1, 2, and 3; 136A.15, subdivisions 3 and 4; 136A.16, subdivision 1; 136A.233, subdivision 2; 136A.26, subdivisions 1 and 2; 136A.42; 136A.62, subdivision 2; 136A.63; 136A.69; 136A.81, subdivision 1; 136E.01, subdivision 1; 136E.02, subdivisions 1, 3, and 4; 136E.021, subdivision 2; 136E.04, subdivision 1, and by adding subdivisions; 136E.31; 136E.525, subdivision 1; 136E.692, subdivisions 1 and 3; 141.25, subdivision 8; 144.1487, subdivision 1; 144.1488, subdivisions 1 and 4; 144.1489, subdivisions 1, 3, and 4; 144.1490; 144.1491, subdivision 2; 179A.10, subdivision 2; 298.2214, subdivision 5; and 363.03, subdivision 5; Laws 1986, chapter 398, article 1, section 18, as amended; Laws 1991, chapter 356, article 9, section 9, as amended; and Laws 1993, First Special Session chapter 2, article 1, section 2, subdivision 3, and section 9, subdivision 6; article 9, section 2; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; and 136E; proposing coding for new law as Minnesota Statutes, chapter 136F; repealing Minnesota Statutes 1994, sections 15.38, subdivision 4; 135A.052, subdivisions 2 and 3; 135A.08; 135A.09; 135A.10; 135A.11; 135A.12, subdivision 5; 136.01; 136.02; 136.03; 136.031; 136.036; 136.045; 136.065; 136.09; 136.10; 136.11; 136.111; 136.12; 136.13; 136.14; 136.141; 136.142; 136.143; 136.144; 136.145; 136.146; 136.147; 136.172; 136.18; 136.19; 136.20; 136.21; 136.22; 136.232; 136.24; 136.25; 136.261; 136.27; 136.31; 136.311; 136.32; 136.33; 136.34; 136.35; 136.36; 136.37; 136.38; 136.40; 136.41; 136.42; 136.43; 136.44; 136.45; 136.46; 136.47; 136.48; 136.49; 136.50; 136.501; 136.502; 136.503; 136.504; 136.505; 136.506; 136.507; 136.55; 136.56; 136.57; 136.58; 136.60; 136.602; 136.603; 136.61; 136.62; 136.621; 136.622; 136.63; 136.65; 136.651; 136.653; 136.67; 136.70; 136.71; 136.72; 136.88; 136.90; 136A.02; 136A.04; 136A.041; 136A.125, subdivision 5; 136A.1352; 136A.1353; 136A.1354; 136A.85; 136A.86; 136A.87; 136A.88;

136C.01; 136C.02; 136C.03; 136C.04; 136C.041; 136C.043; 136C.044; 136C.05; 136C.06; 136C.07; 136C.075; 136C.08; 136C.13; 136C.15; 136C.17; 136C.31; 136C.34; 136C.41; 136C.411; 136C.43; 136C.44; 136C.50; 136C.51; 136C.60; 136C.61; 136C.62; 136C.63; 136C.64; 136C.65; 136C.66; 136C.67; 136C.68; 136C.69; 136C.70; 136C.71; 136C.75; 136E.04, subdivisions 2, 4, 5, and 6; 136E.692, subdivision 4; 144.1488, subdivision 2; and 148.236; Laws 1994, chapter 532, article 6, section 12, paragraph (a).

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

Brown, for the Committee on Environment and Natural Resources Finance, introduced:

H. F. No. 1857, A bill for an act relating to the organization and operation of state government; appropriating money for environmental, natural resource, and agricultural purposes; modifying the agriculture best management practices loan program and the clean water partnership loan program; changing food handling license fees; increasing the watercraft license surcharge; directing establishment of a shooting area in Sand Dunes State Forest; coordination of efforts of public and private sectors in the sustainable management, use, development, and protection of Minnesota's forest resources; establishing a forest resources council and regional forest resource committees; requiring a trout and salmon stamp to possess trout and salmon taken by angling; modifying the clean water partnership loan program; conforming the definition of sewage sludge to federal language; providing for the collection of used motor oil and used motor oil filters; amending Minnesota Statutes 1994, sections 15.50, by adding a subdivision; 17.117, subdivisions 2, 4, 6, 7, 8, 9, 10, 11, 14, 16, and by adding subdivisions; 28A.08; 41A.09, by adding subdivisions; 41B.02, subdivision 20; 41B.043, subdivisions 1b, 2, and 3; 84.788, subdivision 3; 84.798, subdivision 3; 84.82, subdivision 2; 84.922, subdivision 2; 84B.11, subdivision 1; 85.015, subdivision 11; 85.052, by adding a subdivision; 85.32, subdivision 1; 85A.02, subdivision 17; 86.72, subdivision 1; 86B.415, subdivisions 7 and 8; 86B.870, subdivision 1; 89.001, subdivision 8; 92.46, subdivision 1; 97A.015, subdivision 24; 97A.475, subdivision 2; 97A.535, subdivision 1; 97B.301, subdivision 6; 97B.311; 97C.305, subdivision 1; 103F.725, subdivision 1a; 115A.03, subdivision 29; 115B.20, subdivision 1; 115B.42; 115B.45; 115C.03, subdivision 9; 116.07, subdivision 10; 116P.11; 239.011, subdivision 2; 239.54; 239.791, subdivisions 1 and 8; 296.02, by adding a subdivision; 325E.10, subdivision 1; and 325E.11; Laws 1992, chapter 558, section 17; Minnesota Rules, part 6234.2800; proposing coding for new law in Minnesota Statutes, chapters 17; 84; 89; 97B; 177; and 325E; proposing coding for new law as Minnesota Statutes, chapter 89A; repealing Minnesota Statutes 1994, sections 41A.09, subdivisions 2, 3, and 5; 97B.301, subdivision 5; 97B.731, subdivision 2; and 296.02, subdivision 7.

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

Carruthers introduced:

H. F. No. 1858, A bill for an act relating to civil actions; barring perpetrators of crimes from recovering for injuries sustained during criminal conduct; proposing coding for new law in Minnesota Statutes, chapter 611A.

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

Winter, Cooper, Delmont, McCollum and Opatz introduced:

H. F. No. 1859, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with property taxes.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Bettermann introduced:

H. F. No. 1860, A bill for an act relating to the city of Parkers Prairie; appropriating money for damage caused by an explosion.

The bill was read for the first time and referred to the Committee on Judiciary 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, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

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.

Patrick E. Flahaven, Secretary of the Senate

Olson, E., moved that the House concur in the Senate amendments to H. F. No. 1457 and that the bill be repassed as amended by the Senate. The motion prevailed.

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

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

Mr. Speaker:

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

S. F. No. 1134.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 1134, A bill for an act relating to financial institutions; regulating notices, electronic financial terminals, mergers with subsidiaries, the powers and duties of the commissioner of commerce, reporting and records requirements, lending powers, the powers and duties of institutions, detached facilities, and interstate banking; making technical changes; regulating mortgage prepayments; allowing written waivers of the right to prepay without penalty under certain circumstances; clarifying definition of franchise; permitting a delinquency and collection charge; amending Minnesota Statutes 1994, sections 46.04, subdivision 1, and by adding a subdivision; 46.041, subdivision 4; 46.046, subdivision 1; 46.048, subdivision 1, and by adding subdivisions; 47.10, subdivision 3; 47.11; 47.20, subdivisions 5 and 10; 47.28, subdivision 1; 47.52; 47.56; 47.58, subdivision 2; 47.61, subdivision 3; 47.62, subdivisions 2, 3, and by adding subdivisions; 47.67; 47.69, subdivisions 3 and 5; 47.78; 48.16; 48.194; 48.24, subdivision 5; 48.475, subdivision 3; 48.48, subdivisions 1 and 2; 48.49; 48.61, subdivision 7, and by adding a subdivision; 48.65; 48.90, subdivision 1; 48.91; 48.92, subdivisions 1, 2, 6, 7, 8, 9, and by adding a subdivision; 48.93, subdivisions 1, 3, and 4; 48.96; 48.99, subdivision 1; 49.01, subdivision 3; 51A.02, subdivisions 6, 26, and 40; 51A.19, subdivision 9; 51A.50; 51A.58; 52.04, subdivision 2a; 52.05, subdivision 2; 53.015, subdivision 4; 53.04, subdivisions 3a, 3c, 4a, and 5a; 53.09, subdivisions 1, 2, and by adding a subdivision; 56.11; 56.12; 56.125, subdivisions 1, 2, and 3; 56.131, subdivisions 1, 2, 4, and 6; 56.132; 56.14; 56.155, subdivision 1; 56.17; 59A.06, subdivision 2; 61A.09, subdivision 3; 62B.04, subdivision 1; 62B.08, subdivision 2; 80C.01, subdivision 4; 300.20, subdivision 1; 327B.04, subdivision 1; 327B.09, subdivision 1; 332.23, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapters 45; 47; 48; 51A; 52; and 334; repealing Minnesota Statutes 1994, sections 46.03; 47.80; 47.81; 47.82; 47.83; 47.84; 47.85; 48.1585; 48.512, subdivision 6; 48.611; 48.95; 48.97; 48.98; 48.991; and 51A.385.

The bill was read for the first time.

Jennings moved that S. F. No. 1134 and H. F. No. 1184, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 830 was reported to the House.

Johnson, R., moved to amend S. F. No. 830 as follows:

Page 2, after line 4, insert:

"Sec. 3. [CONDEMNATION OF TRUST FUND LAND; BELTRAMI COUNTY.]

Notwithstanding Minnesota Statutes, sections 92.45 and 103F.535, or other law to the contrary, the commissioner of transportation may acquire the following described trust fund land, except minerals and mineral rights, by eminent domain:

that part of Government Lots 1 and 2, the Northwest Quarter of the Southeast Quarter and the Southeast Quarter of the Southeast Quarter, all in Section 36, Township 147 North, Range 34 West, shown as Parcel 1 on Minnesota Department of Transportation Right of Way Plat Numbered 04-23 as the same is on file and of record in the office of the County Recorder in and for Beltrami County, Minnesota.

The department of transportation needs the land as a maintenance storage site to house material, machinery, tools, and supplies for constructing, repairing, and maintaining the trunk highway system.

This section is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Otremba moved to amend S. F. No. 830, as amended, as follows:

Page 2, after line 4, insert:

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

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Todd county may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282, because it has determined that the county's land management interests would best be served if the lands were returned to private ownership.

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

(c) The land that may be conveyed is located in Todd county and is described as Lot 7 and Lot 8 of Little Deer Beach, on Little Osakis Lake, in Leslie Township, Section 26, Township 129 North, Range 35 West."

Page 2, line 6, delete "Section 2 is" and insert "Sections 2 and 4 are"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Rukavina moved to amend S. F. No. 830, as amended, as follows:

Page 2, after line 4, insert:

"Sec. 3. [SALE OF TRUST FUND LANDS.]

Notwithstanding any law to the contrary, the following described trust fund lands, Lot 1, Block 1, Gold Mine on the River, and Government Lot 7, except the part platted as Lots 2 and 3, all in Section 36, Township 67 North, Range 18 West, St. Louis county, may be sold to the lessee under the provisions in Minnesota Statutes, chapter 92."

Page 2, line 5, delete "3" and insert "4"

Amend the title as follows:

Page 1, line 5, after the semicolon, insert "authorizing the sale of certain trust fund lands;"

The motion prevailed and the amendment was adopted.

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 third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 5 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Olson, M.    Solberg
Anderson, B. Frerichs     Koppendrayer Onnen        Stanek
Bakk         Garcia       Kraus        Opatz        Sviggum
Bertram      Girard       Larsen       Orenstein    Swenson, D.
Bettermann   Goodno       Leighton     Osskopp      Swenson, H.
Bishop       Greenfield   Leppik       Osthoff      Sykora
Boudreau     Greiling     Lieder       Ostrom       Tomassoni
Bradley      Haas         Lindner      Otremba      Tompkins
Broecker     Hackbarth    Long         Ozment       Tuma
Brown        Harder       Lourey       Paulsen      Tunheim
Carlson      Hasskamp     Luther       Pawlenty     Van Dellen
Carruthers   Holsten      Lynch        Pellow       Van Engen
Clark        Hugoson      Macklin      Pelowski     Vickerman
Commers      Huntley      Mahon        Perlt        Warkentin
Cooper       Jaros        Mares        Pugh         Weaver
Daggett      Jefferson    Mariani      Rest         Wejcman
JOURNAL OF THE HOUSE - 43rd Day - Top of Page 2240

Dauner       Jennings     Marko        Rhodes       Wenzel
Davids       Johnson, A.  McCollum     Rice         Winter
Dawkins      Johnson, R.  McElroy      Rostberg     Wolf
Dehler       Johnson, V.  McGuire      Rukavina     Worke
Delmont      Kahn         Milbert      Sarna        Workman
Dempsey      Kalis        Molnau       Schumacher   Sp.Anderson,I
Dorn         Kelley       Mulder       Seagren      
Entenza      Kelso        Murphy       Simoneau     
Erhardt      Kinkel       Ness         Skoglund     
Farrell      Knight       Olson, E.    Smith        

Hausman      Orfield      Wagenius     
Munger       Trimble      

H. F. No. 877, A bill for an act relating to insurance; private passenger vehicle insurance; providing for a premium reduction for vehicles having antitheft alarms or devices; defining terms; proposing coding for new law in Minnesota Statutes, chapter 65B.

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

H. F. No. 1258 was reported to the House.

Hausman moved that H. F. No. 1258 be returned to General Orders. The motion prevailed.

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

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

On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

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

S. F. No. 752 was reported to the House.

Kelley and Olson, E., moved to amend S. F. No. 752 as follows:

Page 16, after line 7, insert:

"Subd. 8. [INVESTMENT COMMITMENTS.] (a) An alternative regulation plan must also include a plan outlining the company's commitment to invest in telecommunications infrastructure improvements in this state over a period of not less than 6 years.

(b) An investment plan shall include all of the following:

(1) a description of the level of planned investment in technological or infrastructure enhancement;

(2) a description of the extent to which planned investment will make new telecommunications technology available to customers or expand the availability of current technology; and

(3) a description of the planned deployment of fiber-optic facilities or broad-band capabilities to schools, libraries, technical colleges, hospitals, colleges and universities, and local governments in this state."

Page 21, line 29, after "237.774," delete the rest of the line and insert "except that the justification of earnings levels in section 237.764, subdivision 1, paragraph (c), and the provisions prohibiting rate increases at the initiation of or during the first three years of a plan contained in section 237.762, shall not apply to a revised or renewed plan."

Page 21, line 30, delete "interested parties."

Page 23, line 9, after "237.09" delete "and" and insert a comma and after "237.121" insert "and 237.60, subdivision 3"

The motion prevailed and the amendment was adopted.

Kahn, Pugh, Wagenius, Rest, Trimble, Kelso, Clark, Osthoff, Milbert, Munger, Luther, Dawkins, Mariani, Skoglund, Greiling, Carruthers, Wejcman, Sarna, Hausman, McCollum, Farrell, McGuire, Solberg, Greenfield, Long, Simoneau, Jaros and Marko moved to amend S. F. No. 752, as amended, as follows:

Page 12, after line 36, insert:

"Sec. 6. [237.168] [CHARGES FOR USE OF PUBLIC PROPERTY.]

Subdivision 1. [CHARGE AGAINST GROSS REVENUES FROM VIDEO DIAL TONE.] (a) A municipality, whether acting under its own authority, or in conjunction with other municipalities, may:

(1) charge up to five percent of the gross revenues derived directly or indirectly from the delivery of video dial tone communication services to subscribers in the municipality; or

(2) charge up to $2 per linear foot for underground transmission lines or conduit of four inches but less than eight inches in diameter; up to $6 per linear foot for underground transmission lines or conduit of over eight inches or more in diameter; and up to 50 cents per linear foot for each one inch in diameter fraction of aerial wire. These charges apply to conduit and transmission lines used for video dial tone services, whether owned or leased by the person providing services.

(b) For purposes of this section, "video dial tone" means an electronic platform or technology that opens to a broader network, giving the user access to video and nonvideo communication services provided by a multiplicity of competitive service providers. Through this platform or technological capability, consumers may gain access to video programs provided by entities other than the local exchange carrier, information services, competing video and videotext gateways, video phone, and other communication services.

Subd. 2. [INITIAL COMPENSATION.] Under subdivision 1, clause (2), persons providing services shall pay, as initial compensation, an amount calculated by multiplying the applicable base license charges by the total length of conduit and aerial plant within the municipality, prorated for the period from the day following final enactment of this section to June 30, 1996. On July 1, 1997, the persons shall pay a charge calculated by multiplying the applicable base annual charges by the percentage change during the previous calendar year in the national Consumer Price Index, published by the United States Department of Labor, and then multiplying the sum thereof by the total length of conduit and aerial plant within the municipality. Thereafter, persons shall pay an annual charge which must be calculated by multiplying the previous year's charge by the percentage change during the previous calendar year in the national Consumer Price Index and then multiplying the sum thereof by the total length of conduit and aerial plant within the municipality. If the Consumer Price Index ceases to be published, the commission shall select another measure of general price changes. The municipality shall notify persons of the base annual charges for the subsequent year by June 1 of each year, setting forth the calculation of the charge.

Subd. 3. [PUBLIC SPACE RESERVATION REQUIREMENT.] (a) A municipality may require the reservation of not more than ten percent of the video dial tone communications services for use as public space for the purpose of providing nondiscriminatory public access to noncommercial educational, informational, cultural, civic, or charitable services. This ten percent reservation requirement not only applies to spectrum or channel capacity, but also to the actual service or technology delivered in the spectrum or channel capacity exclusive of actual content. The total reservation of public space must not exceed ten percent.

(b) The costs of providing these public services must be paid by the municipality as a first charge against the revenues collected by it under the authority of this subdivision.

(c) A municipality shall have access to public space at no charge for installation or services if using the public space only to provide educational, informational, cultural, civic, or charitable services directly to the public without charge.

(d) A municipality may require providers of video dial tone services to provide reasonable funding of the equipment, facilities, and operation necessary for use of reserved public space and allocate all costs among all permittees, existing or new."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kahn et al amendment and the roll was called. There were 32 yeas and 99 nays as follows:

Those who voted in the affirmative were:

Carruthers   Haas         Mariani      Pugh         Swenson, D.
Clark        Hausman      Marko        Rest         Trimble
Dawkins      Jaros        McGuire      Rice         Wagenius
Entenza      Kahn         Milbert      Rukavina     Wejcman 
Farrell      Leighton     Munger       Sarna        
Greenfield   Long         Orenstein    Simoneau     
Greiling     Mares        Osthoff      Skoglund     

Abrams       Erhardt      Kinkel       Olson, E.    Stanek
Anderson, B. Finseth      Knight       Olson, M.    Sviggum
Bakk         Frerichs     Knoblach     Onnen        Swenson, H.
Bertram      Garcia       Koppendrayer Opatz        Sykora
Bettermann   Girard       Kraus        Orfield      Tomassoni
Bishop       Goodno       Krinkie      Osskopp      Tompkins
Boudreau     Hackbarth    Larsen       Ostrom       Tuma
Bradley      Harder       Leppik       Otremba      Tunheim
Broecker     Hasskamp     Lieder       Ozment       Van Dellen
Brown        Holsten      Lindner      Paulsen      Van Engen
Carlson      Hugoson      Luther       Pawlenty     Vickerman
Commers      Huntley      Lynch        Pellow       Warkentin
Cooper       Jefferson    Macklin      Pelowski     Weaver
Daggett      Jennings     Mahon        Perlt        Wenzel
Dauner       Johnson, A.  McCollum     Rhodes       Winter
Davids       Johnson, R.  McElroy      Rostberg     Wolf
Dehler       Johnson, V.  Molnau       Schumacher   Worke
Delmont      Kalis        Mulder       Seagren      Workman
Dempsey      Kelley       Murphy       Smith        Sp.Anderson,I
Dorn         Kelso        Ness         Solberg      

Kahn moved that S. F. No. 752, as amended, be re-referred to the Committee on Rules and Legislative Administration. The motion did not prevail.

Kahn raised a point of order pursuant to rule 5.10 relating to bills affecting state government powers and structure that S. F. No. 752, as amended, be re-referred to the Committee on Governmental Operations.

The Speaker ruled the Kahn point of order well taken and S. F. No. 752, as amended, was re-referred to the Committee on Governmental Operations.

Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding General Orders for today, Thursday, April 20, 1995:

H. F. Nos. 217, 1056 and 628; S. F. No. 893; and H. F. Nos. 244, 1617, 980, 1308 and 1709.

H. F. No. 217, A bill for an act relating to insurance; life; regulating living benefits settlements; adopting the NAIC viatical settlements model act; prescribing powers and duties; amending Minnesota Statutes 1994, section 13.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 60A.

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 3 nays as follows:

Those who voted in the affirmative were:

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

Knight       Krinkie      Lindner      

H. F. No. 1056 was reported to the House.

Broecker, Knight, Garcia, Krinkie and Workman moved to amend H. F. No. 1056, the first engrossment, as follows:

Page 4, line 31, after the period insert "The number of free one-month passes shall not exceed one per child per year."

The motion prevailed and the amendment was adopted.

Pellow moved to amend H. F. No. 1056, the first engrossment, as amended, as follows:

Page 3, line 14, after the period insert "However, the council may not cancel any route or transit service where there are, on the average, 20 or more riders per vehicle, in each direction of the route."

The question recurred on the Pellow amendment to H. F. No. 1056, the first engrossment, as amended. The motion did not prevail and the amendment was not adopted.

Garcia moved that H. F. No. 1056, as amended, be continued on Special Orders. The motion prevailed.

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.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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 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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Koppendrayer Olson, M.    Solberg
Anderson, B. Garcia       Kraus        Onnen        Stanek
Bakk         Girard       Krinkie      Opatz        Sviggum
Bertram      Goodno       Larsen       Orenstein    Swenson, D.
Bettermann   Greenfield   Leighton     Orfield      Swenson, H.
Bishop       Greiling     Leppik       Osskopp      Sykora
Boudreau     Haas         Lieder       Osthoff      Tomassoni
Bradley      Hackbarth    Lindner      Ostrom       Tompkins
Broecker     Harder       Long         Otremba      Trimble
Brown        Hasskamp     Lourey       Ozment       Tuma
Carlson      Hausman      Luther       Paulsen      Tunheim
Carruthers   Holsten      Lynch        Pawlenty     Van Dellen
Clark        Hugoson      Macklin      Pellow       Van Engen
Commers      Huntley      Mahon        Pelowski     Vickerman
Cooper       Jaros        Mares        Perlt        Wagenius
Daggett      Jefferson    Mariani      Peterson     Warkentin
Dauner       Jennings     Marko        Pugh         Weaver
Davids       Johnson, A.  McCollum     Rest         Wejcman
Dawkins      Johnson, R.  McElroy      Rhodes       Wenzel
Dehler       Johnson, V.  McGuire      Rostberg     Winter
Delmont      Kahn         Milbert      Rukavina     Wolf
JOURNAL OF THE HOUSE - 43rd Day - Top of Page 2246

Dempsey      Kalis        Molnau       Sarna        Worke
Dorn         Kelley       Mulder       Schumacher   Workman
Entenza      Kelso        Munger       Seagren      Sp.Anderson,I
Erhardt      Kinkel       Murphy       Simoneau     
Farrell      Knight       Ness         Skoglund     
Finseth      Knoblach     Olson, E.    Smith        

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

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

Milbert moved that the name of Holsten be added as an author on H. F. No. 1280. The motion prevailed.

Knight moved that the name of Warkentin be added as an author on H. F. No. 1551. The motion prevailed.

Workman moved that the name of Warkentin be added as an author on H. F. No. 1579. The motion prevailed.

Workman moved that the name of Warkentin be added as an author on H. F. No. 1593. The motion prevailed.

Winter moved that H. F. No. 1669 be recalled from the Committee on Governmental Operations and be re-referred to the Committee on Ways and Means. The motion prevailed.

Johnson, R., moved that S. F. No. 368, now on General Orders, be re-referred to the Committee on Labor-Management Relations. The motion prevailed.

Carruthers moved that S. F. No. 752 be recalled from the Committee on Governmental Operations and be re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Friday, April 21, 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., Friday, April 21, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

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