Anderson, R.; Bettermann; Carruthers; Rice and Rukavina were excused.

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

S. F. No. 1134 and H. F. No. 1184, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Jennings moved that the rules be so far suspended that S. F. No. 1134 be substituted for H. F. No. 1184 and that the House File be indefinitely postponed. The motion prevailed.

The following communications were received:

April 18, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

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

H. F. No. 782, relating to Western Lake Superior Sanitary District; providing for compliance with certain requirements of the Internal Revenue Code.

H. F. No. 150, relating to liquor; term of temporary on-sale licenses.

H. F. No. 715, relating to towns; providing for damage award to affected property owner when town board adopts a recorded town road map.

H. F. No. 216, relating to motor vehicles; changing definition of fleet for vehicle registration purposes.

H. F. No. 1065, relating to St. Louis county; modifying certain accounting and expenditure requirements for road and bridge fund tax money derived from unorganized townships.

Warmest regards,

Arne H. Carlson

Governor

April 19, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

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

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

Warmest regards,

Arne H. Carlson

Governor

April 19, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

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

H. F. No. 568, relating to traffic regulations; requiring adult motorcycle rider to wear eye protection device.

H. F. No. 226, relating to occupations and professions; requiring reporting of certain insurance settlements to board of medical practice.

Warmest regards,

Arne H. Carlson

Governor

April 19, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

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

H. F. No. 1091, relating to commerce; regulating sales by transient merchants; prohibiting the sale of certain items by certain merchants; prescribing penalties.

H. F. No. 1307, relating to game and fish; identification required on ice fishing shelters.

H. F. No. 1363, relating to health; modifying provisions relating to drug dispensing.

H. F. No. 670, relating to Winona county; authorizing Winona county to negotiate and enter into a contract for deed with Winona county developmental achievement center.

H. F. No. 612, relating to health; requiring equal treatment of prescription drug prescribers; clarifying the role of practice guidelines in prescribing legend drugs.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

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

                                    Time and          

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

No.           No.    Chapter No.             1995      1995

957 Resolution No. 22:15 p.m. April 19 April 19

568 40 2:14 p.m. April 19 April 19

782 41 12:05 p.m. April 18 April 18

150 42 12:07 p.m. April 18 April 18

226 44 2:15 p.m. April 19 April 19

715 45 12:06 p.m. April 18 April 18

216 46 12:07 p.m. April 18 April 18

1065 47 12:08 p.m. April 18 April 18

335 48 12:09 p.m. April 18 April 18

77 49 2:10 p.m. April 19 April 19

194 50 12:10 p.m. April 18 April 18

1176 51 12:11 p.m. April 18 April 18

34 52 2:12 p.m. April 19 April 19

574 53 12:14 p.m. April 18 April 18

1060 54 12:18 p.m. April 18 April 18

320 55 12:20 p.m. April 18 April 18

264 56 2:14 p.m. April 19 April 19

204 57 12:25 p.m. April 18 April 18

1042 58 2:14 p.m. April 19 April 19

838 59 12:27 p.m. April 18 April 18

856 60 12:27 p.m. April 18 April 18

521 61 2:12 p.m. April 19 April 19

239 62 12:30 p.m. April 18 April 18

1055 63 2:16 p.m. April 19 April 19

1091 64 2:21 p.m. April 19 April 19

1307 65 2:22 p.m. April 19 April 19

1363 66 2:24 p.m. April 19 April 19

670 67 2:25 p.m. April 19 April 19

612 69 2:28 p.m. April 19 April 19

1255 70 2:15 p.m. April 19 April 19

348 71 2:16 p.m. April 19 April 19

446 73 2:18 p.m. April 19 April 19

172 74 2:20 p.m. April 19 April 19

Sincerely,

Joan Anderson Growe

Secretary of State

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

H. F. No. 503, A bill for an act relating to water; providing for the classification of water supply systems and wastewater treatment facilities and certification of operators by the department of health and the pollution control agency; appropriating money; amending Minnesota Statutes 1994, sections 115.71, subdivisions 1, 4, 8, 10, and by adding subdivisions; 115.72; 115.73; 115.75; 115.76; 115.77; and 144.99, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 115; repealing Minnesota Statutes 1994, sections 115.71, subdivisions 2, 3, and 3a; 115.74; 115.78; 115.79; 115.80; and 115.82.

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

The report was adopted.

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

H. F. No. 575, A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; amending Minnesota Statutes 1994, sections 168.101, subdivision 2; and 168.15; proposing coding for new law in Minnesota Statutes, chapter 168; repealing Minnesota Statutes 1994, section 168A.10, subdivision 6.

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

The report was adopted.

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

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

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [15.101] [CUSTOMER SERVICE.]

Subdivision 1. [DEFINITIONS.] For purposes of this section and section 15.102:

(1) "business license" or "license" has the meaning given it in section 116J.70, subdivision 2, and also includes licenses and other forms of approval listed in section 116J.70, subdivision 2a, clauses (1) and (3) to (8);

(2) "customer service contract" means the contract described in subdivision 3;

(3) "customer" means an individual; a small business as defined in section 645.445, but including a nonprofit corporation that otherwise meets the definition of that section; a family farm, family farm corporation, or family farm partnership as defined by section 500.24, subdivision 2; or a unit of local government, any of whom needs a business license or license from one or more agencies of state government; and

(4) "customer service coordinator" means the state agency with the most significant license requirement or the designee of that agency.

Subd. 2. [RESPONSIBILITY FOR CUSTOMER NEEDS.] If a customer identifies that there is more than one department or agency of state government that must take action before a customer can proceed with an activity, the customer service coordinator must assume primary responsibility for coordinating the actions of all identified departments or agencies.

Subd. 3. [CONTRACT WITH CUSTOMER.] A customer may require the customer service coordinator to enter into a customer service contract regarding the following issues:

(1) specifying each department or agency necessary to serve the customer's needs;

(2) identifying the specific employee or employees in each department or agency who will be accountable for that department's or agency's work in serving the customer, along with each employee's telephone number, fax number, if any, postal address, and electronic mail address, if any;

(3) identifying all licenses, permits, or other forms of approval the customer will need from state government for the customer to proceed with the customer's activity;

(4) a timetable and work plan by which the various departments and agencies will respond to the customer's needs; and

(5) other matters the parties agree should be addressed in the customer service contract.

The customer service coordinator must enter into a contract under this section within 30 days of a request by a customer. However, if a contract under this section must be approved by a board, and if the board does not meet within 30 days of the request by a customer, the customer service coordinator must enter into a contract within five days after the first board meeting after the request by a customer.

The customer service coordinator shall require the customer to submit information necessary for the coordinator to determine what state agency approvals are required. A contract entered into under this section and section 15.102 is void if the customer submitted inadequate or inaccurate information, and the inadequacy or inaccuracy of the information is relevant to state agency approval of the customer's request.

Sec. 2. [15.102] [TIME LIMITATION.]

Subdivision 1. [COORDINATION; APPROVAL.] The customer service coordinator must assure that all identified departments and agencies take action on all licenses, permits, or other forms of approval identified in the contract. If action on any license, permit, or other form of approval is not concluded within 45 days of the signing of the contract, or within a longer period specified pursuant to subdivision 2, the license, permit, or other form of approval is deemed granted.

Subd. 2. [LONGER TIME LIMITS.] (a) The customer service coordinator may provide a time limit longer than the 45 days provided in subdivision 1 only if:

(1) the customer service coordinator certifies that a longer period is necessary to protect against serious and significant harm to the public health, safety, or welfare;

(2) an agency, in its discretion, certifies and states reasons why a longer period is necessary to carry out state or federal requirements or purposes, in which case the longer period must be specified in the contract; or

(3) one of the agencies that must take action is a multimember board, in which case the time limit in the contract must include sufficient time for the board to act on recommendations from its staff.

(b) The 45-day period in this section does not begin to run until the customer has completed any required application in complete, correct form, and has supplied any required information or documentation.

Subd. 3. [EXCLUSIONS.] This section does not apply to a license, permit, or other form of approval, the issuance of which requires:

(1) one or more public hearings or public notice requirements; or

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

Subd. 4. [COMPLIANCE.] Where a license, permit, or other form of approval is deemed granted pursuant to subdivision 1, nothing in this section limits the ability or right of any state agency or department to suspend, limit, revoke, or change a license, permit, or other form of approval for failure by the customer to comply with applicable laws or rules.

Subd. 5. [LIMIT ON REVIEW.] The decision of an agency under subdivision 2 that a time period longer than 45 days is necessary to carry out statutory requirements or statutory purposes is not subject to judicial review.

Sec. 3. [15.442] [REFUNDS OF LICENSE FEES.]

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

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

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

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

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

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

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

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

Subd. 2. [REFUNDS REQUIRED.] An agency, upon request of an applicant, shall refund the fee paid by the applicant for a license if the agency has not taken final action on the application and conveyed the license, or other action on the application, to the applicant within six weeks of receiving the application in complete, correct form together with any required information or documentation. An agency has conveyed a license or other action when, as shown by agency records, it has taken the normal steps used by the agency to deliver a license or notification of other action to an applicant. Delivery by mail is accomplished when a license or other notification is deposited with the postal service. A request for a refund may be made in writing or by facsimile within one year after filing the application. An agency shall not refund a fee paid by an applicant if the agency was prevented from taking final action on the license within six weeks because of (1) a work stoppage, or (2) a requirement of federal law or court order imposed or entered after July 1, 1995. This section does not apply to licenses issued by health regulatory agencies under chapter 214, to drivers' licenses, or to licenses the issuance of which requires:

(1) one or more public hearings;

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

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

(4) a drawing to determine successful applicants for a limited number of licenses.

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

Sec. 4. [NO ADDITIONAL RESOURCES.]

During the biennium ending June 30, 1997, agencies must accomplish the requirements of sections 1 and 2 with existing resources.

Sec. 5. [EFFECTIVE DATE.]

Section 3 is effective July 1, 1995, and applies to applications filed after June 30, 1995."

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "authorizing state agencies to enter into customer service contracts;"

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.

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

H. F. No. 1000, A bill for an act relating to education; prekindergarten through grade 12; providing for general education revenue; transportation; special programs; community education; facilities; organization and cooperation; education excellence; other programs; miscellaneous provisions; libraries; state agencies; technology; conforming amendments; appropriating money; amending Minnesota Statutes 1994, sections 43A.316, subdivision 2; 62L.08, subdivision 7a; 116J.655; 120.062, subdivision 7; 120.064, subdivision 4; 120.101, subdivision 5c; 120.17, subdivisions 3a, 3b, and by adding a subdivision; 120.185; 120.74, subdivision 1; 120.75, subdivision 1; 121.11, subdivision 7c; 121.702, by adding a subdivision; 121.705; 121.706; 121.707, subdivisions 4, 6, and 7; 121.708; 121.709; 121.710; 121.885, subdivisions 1 and 4; 121.904, subdivisions 4a and 4c; 121.912, subdivisions 1, 1b, and 6; 121.935, subdivision 1; 122.21, subdivision 4; 122.23, subdivision 2; 122.242, subdivision 9; 122.895, subdivisions 1, 8, and 9; 122.91, subdivisions 1, 2, and 2a; 122.92, subdivision 1; 122.93, subdivision 1; 122.94, subdivision 1; 123.35, subdivision 19b; 123.351, subdivisions 1, 3, 4, and 5; 123.3514, subdivisions 5, 7, 8, and by adding subdivisions; 123.70, subdivision 8; 123.7991, subdivisions 2 and 3; 123.805, subdivisions 1 and 2; 124.14, by adding a subdivision; 124.17, subdivisions 1, 2f, and by adding a subdivision; 124.193; 124.195, subdivision 10, and by adding a subdivision; 124.2139; 124.214, subdivisions 2 and 3; 124.223, subdivision 7; 124.225, subdivisions 1, 3a, 7b, 7d, 7f, 8a, and 8m; 124.226, subdivisions 1 and 3; 124.243, subdivisions 2 and 8; 124.244, subdivisions 1, 4, and by adding a subdivision; 124.2455; 124.2711, subdivision 2a; 124.2713, subdivision 6; 124.2725, subdivisions 1, 3, 4, and 15; 124.2726, subdivision 1; 124.273, by adding subdivisions; 124.32, subdivisions 10 and 12; 124.321, subdivisions 1 and 2; 124.322; 124.323, subdivisions 1, 2, and by adding a subdivision; 124.573, subdivision 2e; 124.574, subdivision 9, and by adding subdivisions; 124.83, subdivision 4; 124.84, subdivision 3; 124.91, subdivision 5; 124.916, subdivision 2; 124.95, subdivisions 2, 4, and 6; 124.961; 124A.03, subdivisions 1g and 1h; 124A.0311, subdivision 4; 124A.22, subdivisions 2, 2a, 4, 4a, 4b, 8a, and 9; 124A.225, subdivisions 4 and 5; 124A.23, subdivisions 1 and 4; 124A.24; 124A.29, subdivision 1; 124C.07; 124C.08, subdivision 2; 124C.45, subdivision 1; 124C.46, subdivision 2; 124C.48, subdivision 1; 125.62, subdivisions 1 and 7; 125.623, subdivision 2; 126.031, subdivision 1; 126.15, subdivision 2; 126.49, by adding a subdivision; 126.70, subdivision 2a; 126B.01; 126B.03, subdivisions 2 and 3; 127.30, subdivision 2; 128A.02, subdivisions 1, 3, 5, and by adding a subdivision; 128A.021; 128A.022, subdivisions 1 and 6; 128A.024, subdivision 4; 128A.025, subdivisions 1 and 2; 128A.026; 128A.05, subdivisions 1 and 2; 128B.10, subdivision 1; 134.155; 134.34, subdivision 4a; 134.351, subdivision 4; 169.01, subdivision 6; 169.21, subdivision 2; 169.444, subdivision 2; 169.4502, subdivision 4; 169.4503, by adding a subdivision; 169.451, by adding a subdivision; 169.452; 169.454, subdivision 5, and by adding a subdivision; 171.01, subdivision 21; 171.18, subdivision 1; 171.321, subdivisions 3, 4, and 5; 171.3215, subdivisions 1, 2, and 3; 237.065; 631.40, subdivision 1a; Laws 1992, chapter 499, article 11, section 9, as amended; Laws 1993, chapter 224, article 8, section 21, subdivision 1; Laws 1993, chapter 224, article 12, section 32, as amended; Laws 1993, chapter 224, article 12, sections 39, and 41; Laws 1994, chapter 587, article 3, section 19, subdivision 1; Laws 1994, chapter 647, article 1, section 36; Laws 1994, chapter 647, article 3, section 25; Laws 1994, chapter 647, article 7, section 15; proposing coding for new law in Minnesota Statutes, chapters 123; 124; 124C; 125; 126B; 127; 134; 136D; 169; 604A; repealing Minnesota Statutes 1994, sections 121.602, subdivision 5; 121.702, subdivision 9; 121.703; 122.247, subdivision 3; 122.533; 123.58; 124.17, subdivision 1b; 124.226, subdivisions 2, 3, 4, 5, 6, 7, 8, and 9; 124.239; 124.243, subdivisions 2a and 9; 124.2442; 124.2601, subdivision 4; 124.2711, subdivisions 2a and 5; 124.2713, subdivision 6; 124.2714; 124.2715, subdivision 3; 124.2716; 124.2725, subdivisions 3, 4, and 15; 124.2726, subdivision 3; 124.2727, subdivisions 6b and 9; 124.273, subdivisions 1b and 2c; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 3a; 124.322, subdivision 4; 124.4945; 124.574, subdivisions 2b, 3, 4, and 4a; 124.82, subdivision 3; 124.83, subdivisions 4 and 7; 124.84, subdivisions 3 and 4; 124.91; 124.912; 124.914; 124.916; 124.962; 124A.03; 124A.0311; 124A.04, subdivision 1; 124A.22, subdivision 8a; 124A.23, subdivisions 1, 2, and 3; 124A.24; 124A.26, subdivision 2; 124A.27, subdivision 11;

124A.29, subdivision 2; 124A.291; 124A.292; 124A.72; 125.138, subdivisions 6, 7, 8, 9, 10, and 11; 126.019; 126B.02; 126B.03; 126B.04; 126B.05; 128A.02, subdivisions 2 and 4; 128A.03; 268.9755; Laws 1991, chapter 265, article 5, section 23, as amended; Laws 1992, chapter 499, article 7, sections 16, 17, and 27.

Reported the same back with the following amendments:

Page 24, delete lines 6 to 24

Page 228, after line 14, insert:

126A.01 [ENVIRONMENTAL EDUCATION GOALS AND PLAN.]

The environmental education program described in this chapter has these goals for the pupils and other citizens of this state:

(a) Pupils and citizens should be able to apply informed decision-making processes to maintain a sustainable lifestyle. In order to do so, citizens should:

(1) to understand ecological systems;

(2) to understand the cause and effect relationship between human attitudes and behavior and the environment;

(3) to be able to analyze, develop, and use problem-solving skills to understand the decision-making process of individuals, institutions, and nations regarding environmental issues;

(4) to be able to evaluate alternative responses to environmental issues before deciding on alternative courses of action; and

(5) (4) to understand the potential complementary nature effects of multiple uses of the environment;.

(6) to provide experiences to assist citizens to increase their sensitivity and stewardship for the environment; and

(7) to provide the (b) Pupils and citizens shall have access to information citizens need and experiences needed to make informed decisions about actions to take on environmental issues.

(c) For purposes of this chapter, "state plan" means "Greenprint for Minnesota: A State Plan for Environmental Education."

Sec. 2. Minnesota Statutes 1994, section 126A.02, subdivision 2, is amended to read:

Subd. 2. [BOARD MEMBERS.] A 17-member environmental education board shall advise the director commissioner of education. The board is made up of the commissioners of the department of natural resources; the pollution control agency; the department of agriculture; the department of education; the director of the office of strategic and long-range planning; the chair of the board of water and soil resources; the executive director of the higher education coordinating board; the executive secretary of the board of teaching; the director of the extension service; and eight citizen members representing diverse interests appointed by the governor. The governor shall appoint one citizen member from each congressional district. The citizen members are subject to section 15.0575. Two of the citizen members appointed by the governor must be licensed teachers currently teaching in the K-12 system. The governor shall annually designate a member to serve as chair for the next year.

Sec. 3. Laws 1993, chapter 224, article 12, section 32, as amended by Laws 1993, chapter 374, section 22, is amended to read:

Sec. 32. [REPEALER.]

(a) Minnesota Statutes 1992, sections 120.095; 120.101, subdivision 5a; 120.75, subdivision 2; 120.80, subdivision 2; 121.11, subdivisions 6 and 13; 121.165; 121.19; 121.49; 121.883; 121.90; 121.901; 121.902; 121.904, subdivisions 5, 6, 8, 9, 10, 11a, and 11c; 121.908, subdivision 4; 121.9121, subdivisions 3 and 5; 121.931, subdivisions 6, 6a, 7, and 8; 121.934;

121.936 subdivisions 1, 2, and 3; 121.937; 121.94; 121.941; 121.942; 121.943; 123.33, subdivisions 10, 14, 15, and 16; 123.35, subdivision 14; 123.352; 123.36, subdivisions 2, 3, 4, 4a, 6, 8, 9, and 12; 123.40, subdivisions 4 and 6; 123.61; 123.67; 123.709; 123.744; 124.615; 124.62; 124.64; 124.645; 124.67; 124.68; 124.69; 124.79; 125.12, subdivisions 3a and 4a; 125.17, subdivisions 2a and 3a; 126.09; 126.111; 126.112; 126.20, subdivision 4; 126.24; and 126.268, are repealed.

(b) Minnesota Statutes 1992, section 121.11, subdivision 15, is repealed.

(c) Minnesota Statutes 1992, sections 120.101, subdivision 5b; 121.11, subdivision 16; 121.585, subdivision 3; 124.19, subdivisions 1, 1b, 6, and 7; 126.02; 126.025; 126.031; 126.06; 126.08; 126.12, subdivision 2; 126.662; 126.663; 126.664; 126.665; 126.666; 126.67; 126.68; 126A.01; 126A.02; 126A.04; 126A.05; 126A.07; 126A.08; 126A.09; 126A.10; 126A.11; and 126A.12, are repealed.

Sec. 4. [APPROPRIATIONS.]

Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums indicated in this section are appropriated from the general fund to the commissioner of education for the fiscal years designated.

Subd. 2. [ENVIRONMENTAL EDUCATION BOARD.] For environmental education and the activities of the environmental education board:

$120,000.......1996

This appropriation is available until June 30, 1997.

The commissioner must transmit this amount to the environmental education board.

As part of the performance report submitted by the department of education according to Minnesota Statutes, sections 15.90 to 15.92, the environmental education board must establish measurable objectives and report on progress in meeting those objectives."

Amend the title as follows:

Page 2, line 7, after the second semicolon, insert "126A.01; 126A.02, subdivision 2;"

Page 2, delete lines 33 to 56 and insert "Minnesota Statutes 1994, sections 121.602, subdivision 5; 121.702, subdivision 9; 121.703; 123.58; 124.17, subdivision 1b; 124.243, subdivisions 2a and 9; 124.2714; 124.273, subdivisions 1b and 2c; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 3a; 124.574, subdivisions 2b, 3, 4, and 4a; 124.91, subdivision 5; 124.912, subdivision 8; 124.914, subdivisions 2, 3, and 4; 124.962; 124A.04, subdivision 1; 124A.27, subdivision 11; 124A.29, subdivision 2; 124A.291; 124A.292; 125.138, subdivisions 6, 7, 8, 9, 10, and 11; 126.019; 126B.02; 126B.03; 126B.04; 126B.05; 128A.02, subdivisions 2 and 4; 128A.03; 268.9755; Laws 1991, chapter 265, article 5, section 23, as amended; Laws 1992, chapter 499, article 7, sections 16, 17, and 27."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1001, A bill for an act relating to state government finance; appropriating money for a women in military service memorial.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [STATE GOVERNMENT APPROPRIATIONS.]

The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another fund named, to the agencies and for the purposes specified in this act, to be available for the fiscal years indicated for each purpose. The figures "1995," "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, 1995, June 30, 1996, or June 30, 1997, respectively.

BIENNIAL

1995 1996 1997 TOTAL

General $836,000 $ 249,282,000 $ 246,617,000$ 495,899,000

Environmental 208,000 208,000 416,000

Landfill Cleanup 75,000 75,000 150,000

Highway User 1,682,000 1,687,000 3,369,000

State Government Special Revenue 8,365,000 8,367,000 16,732,000

Workers' Compensation 4,046,000 3,926,000 7,972,000

Local Government Trust 431,000 -0- 431,000

TOTAL $ 264,089,000 $ 260,880,000$ 524,969,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. LEGISLATURE

Subdivision 1. Total Appropriation $48,078,000 $50,465,000

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

Subd. 2. Senate 15,822,000 15,822,000

Subd. 3. House of Representatives 20,833,00022,943,000

Subd. 4. Legislative Coordinating Commission 6,988,000 7,351,000

(a) Legislative Reference Library

1996 1997

945,000 945,000

(b) Revisor of Statutes

4,302,000 4,673,000

(c) Legislative Commission on the Economic Status of Women

175,000 175,000

(d) Legislative Commission on Pensions and Retirement

514,000 514,000

(e) Legislative Commission on Waste Management

176,000 176,000

(f) Legislative Coordinating Commission - Fiscal Agent

66,000 68,000

$66,000 the first year and $68,000 the second year are reserved for unanticipated costs of agencies in this subdivision and subdivision 5. The legislative coordinating commission may transfer necessary amounts from this appropriation to the appropriations of the agencies concerned, and the amounts transferred are appropriated to those agencies to be spent by them. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

(g) Legislative Coordinating Commission - General Support

810,000 800,000

The legislative coordinating commission shall perform functions formerly performed by the following commissions: legislative commission to review administrative rules, legislative commission on employee relations, legislative commission on planning and fiscal policy, legislative water commission, and legislative commission on children, youth, and families.

$30,000 for the biennium is for the legislative coordinating commission to contract with the Minnesota Foundation for Better Hearing and Speech for needed services to ensure that sign language interpreter services are available at all times during the legislative sessions.

$103,000 the first year and $107,000 the second year are for the state contribution to the National Conference of State Legislatures.

$91,000 the first year and $93,000 the second year are for the state contribution to the Council of State Governments.

$186,000 the first year and $190,000 the second year are for the subcommittee on geographic information systems.

$9,000 the first year and $9,000 the second year are for the regent candidate advisory council.

$12,000 the first year and $6,000 the second year are for the higher education board candidate advisory council.

By August 15 of each year, the legislative coordinating commission shall make available to the public expenditures from the legislative budget for consultant and professional and technical service contracts, as defined in Minnesota Statutes, section 16B.17.

Subd. 5. Legislative Audit Commission 4,435,000 4,349,000

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

(a) Legislative Audit Commission

17,000 13,000

(b) Legislative Auditor

4,418,000 4,336,000

Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR3,472,0003,469,000

This appropriation is to fund the offices of the governor and lieutenant governor.

$19,000 the first year and $19,000 the second year are for necessary expenses in the normal performance of the governor's and lieutenant governor's duties for which no other reimbursement is provided.

$97,000 the first year and $97,000 the second year are for membership dues of the National Governors Association.

$20,000 the first year and $20,000 the second year are for the Council of Great Lakes Governors.

By August 15 of each year, the commissioner of finance shall report to the chairs of the jobs, energy, and community development finance division of the senate and the state government division of the governmental operations committee house of representatives those personnel costs incurred by the office of the governor and the lieutenant governor that were supported by appropriations to other agencies during the previous fiscal year. The office of the governor shall inform the chairs of the divisions before initiating any interagency agreements.

During the biennium any seminars or training sessions regarding federal issues for federal budgeting that are conducted by the Washington office shall be made available to legislators and legislative staff. The Washington office shall notify the majority leader and the minority leader of the senate and the speaker and the minority leader of the house of representatives regarding the timing of the seminars.

Sec. 4. STATE AUDITOR 7,136,000 7,144,000

$78,000 the first year and $78,000 the second year are for an account the auditor may bill for costs associated with conducting single audits of federal funds. During the biennium, this account may be used only when no other billing mechanism is feasible.

Sec. 5. STATE TREASURER 2,477,000 2,478,000

Sec. 6. ATTORNEY GENERAL

Subdivision 1. Total Appropriation 25,104,000 22,943,000

Summary by Fund

General23,285,000 21,122,000

State Government

Special Revenue1,628,0001,630,000

Landfill Cleanup75,000 75,000

Environmental116,000 116,000

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

Subd. 2. Government Services

4,358,000 4,371,000

Summary by Fund

General 2,730,000 2,741,000

State Government

Special Revenue1,628,0001,630,000

Subd. 3. Public and Human Resources

3,316,000 3,335,000

Summary by Fund

General 3,241,000 3,260,000

Landfill Cleanup75,000 75,000

Subd. 4. Law Enforcement

4,130,000 4,149,000

Summary by Fund

General 4,014,000 4,033,000

Environmental116,000 116,000

Subd. 5. Legal Policy and Administration

6,386,000 4,134,000

Subd. 6. Business Regulation

3,509,000 3,528,000

Subd. 7. Solicitor General

3,405,000 3,426,000

Sec. 7. BOARD OF GOVERNMENT INNOVATION AND

COOPERATION 952,000 927,000

Of this amount, $750,000 for fiscal year 1996 and $750,000 for fiscal year 1997 are for local government grants and combination incentives authorized in Minnesota Statutes, sections 465.798 to 465.801, 465.87, and 465.88.

Of this amount, $25,000 in the first year is for a study of mandates to local government and for a study of potential consolidation of counties.

This appropriation includes money for annual grants to the government training service.

Sec. 8. INVESTMENT BOARD 2,092,000 2,093,000

$40,000 each year is for local relief association account management.

Sec. 9. ADMINISTRATIVE HEARINGS 3,946,000 3,826,000

This appropriation is from the workers' compensation special compensation fund for considering workers' compensation claims.

$125,000 the first year is for a mapper board calendaring system.

$180,000 each year is for additional clerical support for workers' compensation judges.

$100,000 each year is for an internship program in which students at Minnesota law schools will serve as law clerks for judges in the workers' compensation division.

Sec. 10. OFFICE OF STRATEGIC AND LONG-RANGE PLANNING3,993,000 3,967,000

Sec. 11. ADMINISTRATION

Subdivision 1. Total Appropriation 25,832,000 25,829,000

Summary by Fund

General19,345,000 19,342,000

State Government

Special Revenue6,487,0006,487,000

Subd. 2. Operations Management

3,408,000 3,373,000

Subd. 3. Intertechnologies Group

Summary by Fund

General 1,253,000 1,253,000

State Government

Special Revenue6,425,0006,425,000

The appropriation from the state government special revenue fund each year of $6,425,000 is for recurring costs of 911 emergency telephone service.

Subd. 4. Facilities Management

5,786,000 5,780,000

$4,850,000 the first year and $4,882,000 the second year are for office space costs of the legislature and veterans organizations, for ceremonial space, and for statutorily free space.

The commissioner shall review the Uniform Code for Building Conservation, and report to the legislature by January 15, 1996, on legislation or rules needed to implement this code in a manner that is consistent with the state building code.

During the biennium ending June 30, 1997, the house of representatives rules committee shall contract for operation of the cafeteria in the State Office Building.

The committee on rules in the house of representatives shall convene a task force, not to exceed ten members, of legislators and employees in the State Office Building to solicit proposals and select a vendor for food and beverage services in the State Office Building. The vendor selected shall commence operations upon completion of the current food and beverage service contract.

During the year ending June 30, 1996, the central motor pool shall not purchase any new vehicles and shall not sell any vehicles with less 100,000 miles. The house and senate governmental operations committees shall study and report to the legislature by January 15, 1996, on the desirability of leasing versus purchasing state vehicles, and on maintenance costs for vehicles under the current system.

$20,000 the first year is to clean, refit, and rehabilitate the statue of Leif Erikson on the grounds of the state capitol.

Subd. 5. Administrative Management

Summary by Fund

General 2,149,000 2,154,000

State Government

Special Revenue62,000 62,000

$2,000 the first year and $2,000 the second year are for the state employees' band.

A biennial appropriation of $124,000 to the commissioner of administration shall be used for processing and oversight of grants and allocations in the oil overcharge program. This appropriation is from oil overcharge money, as defined in Minnesota Statutes, section 4.071, in the special revenue fund.

The targeted group purchasing study required by Minnesota Statutes, section 16B.19, subdivision 2b, need not be completed during the biennium ending June 30, 1997.

Subd. 6. Information Policy Office

1,334,000 1,334,000

$668,000 each year is for costs associated with the information strategies and planning activity of the information policy office. The intertechnologies revolving fund must pay for $668,000 each year for costs associated with the information strategies and planning activity of the information policy office.

The information policy office, with the advice of the attorney general, shall monitor all computer systems development projects conducted by state agencies to assure that full performance of contract requirements is achieved and that any remedies provided in such contracts for nonperformance or inadequate performance are fully pursued. The information policy office and the attorney

general shall report to the legislature by January 15, 1996, on performance of contract requirements related to large systems such as the statewide systems project, and Minnesota Medicaid Management Information System, and the information systems related to drivers' licenses.

Subd. 7. Management Analysis

565,000 566,000

Subd. 8. Public Broadcasting

2,324,000 2,324,000

$1,650,000 the first year and $1,650,000 the second year are for public television.

$674,000 the first year and $674,000 the second year are for public radio.

Each public television station and public radio station or network must report to the commissioner of administration the salary of any employee whose annual salary exceeds the annual salary of the governor. For purposes of this paragraph, "salary" includes salary from any nonprofit or for-profit corporation that is affiliated with the public television station or public radio station or network. The commissioner of administration shall calculate for each station or network the sum, for all employees of the station or network, of salary in excess of the salary of the governor. Any public television station or public radio station or network that does not disclose salaries as required by this section shall not receive money under this section.

$30,000 each year is for a grant to the association of Minnesota public education radio stations for station KMOJ. This money may be used for equipment.

Sec. 12. INTERGOVERNMENTAL INFORMATION SYSTEMS

ADVISORY COUNCIL 186,000 187,000

The appropriation for a local government financial reporting system, pursuant to Laws 1994, chapter 587, article 3, section 3, clause (5), is available until expended.

The amounts must be subtracted from the amount that would otherwise be payable to local government aid under Minnesota Statutes, chapter 477A, in order to fund the intergovernmental information systems advisory council.

Sec. 13. CAPITOL AREA ARCHITECTURAL AND PLANNING

BOARD 283,000 287,000

Preliminary planning and programming for a human development center in or near the capitol area of St. Paul may be done in collaboration with the city of St. Paul foundations including, but not limited to, the Minnesota Education Foundation, the private sector, and appropriate state departments including, but not limited to,

health, education, and human services. The focus of the center will be on the development of the human person. The center is intended to serve as a research and demonstration center and will be the result of a partnership between the public and private sector. The board may report the results of its studies to the governor and legislature no later than December 15, 1996.

$25,000 each year is to create a Minnesota Korean war veterans memorial on the capitol grounds. This appropriation is available until expended.

In creating the memorial, the board may accept money from nonstate sources. The board shall select a site for the memorial and conduct a selection process to award the contracts for design and construction of the memorial. No contract for construction shall be entered into by the board until sufficient funds are available to complete the construction of the memorial and the board has received recommendations on the cost, design, and placement of the memorial from the chairs of the house appropriations and senate finance committees.

Sec. 14. FINANCE

Subdivision 1. Total Appropriation 20,108,000 20,326,000

Summary by Fund

General20,003,000 20,326,000

Local Government

Trust 105,000 -0-

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

Subd. 2. Accounting Services

3,986,000 4,003,000

Subd. 3. Accounts Receivable Project

4,152,000 3,552,000

$600,000 the first year is for modification and enhancement of the accounts receivable system.

The commissioner of finance may transfer money, as deemed necessary, to other state agencies participating in the accounts receivable project.

Subd. 4. Budget Services

2,026,000 2,026,000

Summary by Fund

General 1,921,000 2,026,000

Local Government

Trust 105,000 -0-

Subd. 5. Economic Analysis

299,000 308,000

Subd. 6. Information Services

8,920,000 9,643,000

$300,000 is for public information television transmission of legislative activities. $150,000 may be disbursed in the fiscal year that ends June 30, 1996, and $150,000 in the fiscal year that ends June 30, 1997. At least one half must go for programming to be broadcast in rural Minnesota.

Subd. 7. Management Services

1,575,000 1,644,000

During the biennium ending June 30, 1997, to the extent feasible and cost-effective, any new jobs created in the debt collections entity must be located in a portion of greater Minnesota that had a population loss of five percent or more between the 1980 and 1990 census.

Subd. 8. General Reduction

If federal funding for programs is reduced or eliminated during the biennium ending June 30, 1997, the commissioner shall assure to the extent possible that the costs of reducing or terminating the programs supported by those funds are paid by federal funds.

The commissioner of finance must reduce appropriations for executive branch agency operations by $19,200,000 during the biennium ending June 30, 1997. At least $9,200,000 of this reduction must be from the general fund.

The commissioner of finance shall make reductions of $2,000,000 from programs funded in this section. The reductions may be made in either year of the biennium.

Sec. 15. EMPLOYEE RELATIONS

Subdivision 1. Total Appropriation 8,162,000 8,222,000

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

Subd. 2. Human Resources Management

7,054,000 7,064,000

$500,000 each year is for a one-time redesign of the state's human resources programs, processes and policies, including, but not limited to, improving the employee performance management process, recruitment and hiring, retraining and deployment capabilities, and classification of state positions. Of this amount, up to $200,000 each year may be disbursed in the form of grants to

state agencies for pilot projects under the direction of the commissioner of employee relations.

$300,000 each year is to expand and target state workforce diversity efforts. These funds are to support expanded, dedicated functions serving protected groups in obtaining and retaining state employment, and secure greater opportunities for advancement within state employment ranks for under-represented groups. The commissioner must allocate these funds exclusively to the purposes described in the diversity-related budget initiative in the governor's proposed biennial budget for the department of employee relations for the biennium ending June 30, 1997. The 1995, 1996, 1997, and 1998 annual performance reports prepared by the commissioner under Minnesota Statutes, sections 15.90 to 15.92, must contain a separate section presenting the agency's activities and the outcomes attributable to implementation of the diversity functions expanded or improved pursuant to this appropriation. The commissioner of finance shall include these amounts when determining the base appropriation level for the department of employee relations for the biennium ending June 30, 1999.

Any unexpended balance on June 30, 1995, from the appropriations in Laws 1993, chapter 192, section 18, subdivision 2, for implementation of human resources management projects does not cancel but is available for expenditure in the 1996-1997 biennium.

During the biennium ending June 30, 1997, no two federated funding campaigns that are related organizations, as defined in Minnesota Statutes, section 317A.011, subdivision 18, may be registered to participate in the state employee combined charitable campaign.

If a state agency is to be abolished, the classified positions of the agency to be abolished with its incumbent employees shall be transferred as provided by Minnesota Statutes, section 15.039, subdivision 7. If classified employees of an agency to be abolished are not specifically transferred to another state agency, any involuntary layoffs of the classified employees must be negotiated with exclusive representatives of the affected employees in accordance with Minnesota Statutes, section 43A.045, before layoffs may occur.

State agencies must demonstrate that they cannot use available staff before hiring outside consultants or services. As state agencies implement reductions in their operating budgets in the biennium ending June 30, 1997, agencies shall give priority to reducing spending on professional and technical contracts before laying off permanent employees. Agencies must report on the specific manner in which this directive is implemented to the senate finance and house of representatives ways and means committees by February 1, 1996, and February 1, 1997. Where outside consultants and services are necessary, agencies are encouraged to negotiate contracts that will involve permanent staff so as to upgrade and maximize training of state personnel. Money spent on outside consultants must be reported by February 1, 1997, to the senate finance and house of representatives ways and means committees.

For each executive agency with more than 50 full-time equivalent employees, the commissioner of employee relations shall certify the number of full-time equivalent positions for the last reporting period in fiscal year 1995, as reported under Minnesota Statutes, section 16A.122. This certification for each agency shall include the number of full-time equivalent employment positions that are not managers or supervisors, and the number of full-time equivalent employment positions that are managers or supervisors.

At all times, during the biennium ending June 30, 1997, in each executive branch agency with more than 50 full-time equivalent employees, the ratio of full-time equivalent positions that are not managers or supervisors to the number of positions that are managers or supervisors must be at least as great as the ratio for the last reporting period in fiscal year 1995, calculated under the preceding paragraph.

In order to maximize delivery of services to the public, if layoffs of state employees as defined in Minnesota Statutes, chapter 43A, are necessary during the biennium ending June 30, 1997, each agency with more than 50 full-time equivalent employees must reduce at least the same percentage of management and supervisory personnel as line and support personnel.

Subd. 3. Employee Insurance

1,108,000 1,158,000

$104,000 the first year and $104,000 the second year from the general fund are for the right-to-know contracts administered through the employee insurance division.

$1,004,000 the first year and $1,054,000 the second year from the general fund are for workers' compensation reinsurance premiums.

The commissioner of finance shall transfer in the first year of the biennium $2,500,000 from the public employees' insurance program account within the employee benefits internal service fund to the general fund.

The amounts required to pay the premiums to the workers' compensation reinsurance association under Minnesota Statutes, section 79.34, are appropriated annually from the general fund to the commissioner of employee relations.

During the biennium ending June 30, 1997, the commissioner shall continue the health promotion and disease prevention program for state employees initiated in fiscal year 1994.

Sec. 16. REVENUE

Subdivision 1. Total Appropriation 74,954,000 75,375,000

Summary by Fund

General72,854,000 73,596,000

Environment92,000 92,000

Highway User1,682,0001,687,000

Local Government

Trust 326,000 -0-

$75,000 the first year and $75,000 the second year must be subtracted from the total taconite production tax revenues distributed to local units of government. These amounts shall be credited to the general fund and appropriated to the department of revenue for the costs and expenses incurred by the department in collecting and distributing taconite production tax revenues.

During the biennium ending June 30, 1997, the commissioner shall not spend more money to enforce the unfair cigarette sales laws than the revenue derived from fees imposed under the law.

Sec. 17. AMATEUR SPORTS COMMISSION 2,101,000 2,104,000

(a) $45,000 each year is for the following purposes:

(1) Target Center programming; and

(2) development of more amateur sports opportunities for women, girls, seniors, inner-city youth, and athletes with special needs.

The amateur sports commission must work with staff of the city of Minneapolis and the metropolitan sports facilities commission to: research Minnesota's capabilities to attract local, national, and international amateur events; meet with appropriate national amateur sports governing bodies and Olympic officials on a regular basis; and create new grassroots events; all of which will have a favorable economic impact on the state.

(b) Of this appropriation:

(1) $1,389,000 each year is for grants for ice centers, under Minnesota Statutes, section 240A.09, of up to $250,000 each;

(2) $200,000 each year is for renovation grants for existing ice arenas; and

(3) $11,000 each year is for ice arena technical assistance.

Sec. 18. COMMISSIONER OF HUMAN RIGHTS

Subdivision 1. Total Appropriation 3,496,000 3,313,000

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

Subd. 2. Contract Compliance

420,000 420,000

Subd. 3. Complaint Processing

2,214,000 2,220,000

Subd. 4. Management Services and Administration

862,000 673,000

Sec. 19. MILITARY AFFAIRS

Subdivision 1. Total Appropriation 9,337,000 9,416,000

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

Subd. 2. Maintenance of Training Facilities

5,431,000 5,497,000

The appropriation for planning and remodeling grants for 12 armories scheduled to be sold or disposed of pursuant to Laws 1992, chapter 511, article 2, section 50, is available until June 30, 1997.

Any unexpended and unencumbered appropriation for the biennium ending June 30, 1995, for the tuition reimbursement program does not cancel, but is carried forward and may be used to pay assessments due to the cities of New Brighton, Montevideo, Park Rapids, and Rosemount.

Subd. 3. General Support

1,555,000 1,568,000

$75,000 the first year and $75,000 the second year are for expenses of military forces ordered to active duty under Minnesota Statutes, chapter 192. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

Subd. 4. Enlistment Incentives

2,351,000 2,351,000

Obligations for the reenlistment bonus program, suspended on December 31, 1991, shall be paid from the amounts available within the enlistment incentives program.

If appropriations for either year of the biennium are insufficient, the appropriation from the other year is available. The appropriations for enlistment incentives are available until expended.

Sec. 20. VETERANS AFFAIRS 3,849,000 3,878,000

$230,000 the first year and $230,000 the second year are for grants to county veterans offices for training of county veterans service officers.

$1,544,000 the first year and $1,544,000 the second year are for emergency financial and medical needs of veterans. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

$250,000 the first year and $250,000 the second year are for a grant to the Vinland National Center.

With the approval of the commissioner of finance, the commissioner of veterans affairs may transfer the unencumbered balance from the veterans relief program to other department programs during the fiscal year. The commissioner of veterans affairs shall provide background information explaining why the unencumbered balance exists. The amounts transferred must be identified to the chairs of the senate finance committee division on state government and the house governmental operations and gambling committee division on state government finance.

$16,200 is to be used to make a contribution toward the women in military service memorial at the entrance to Arlington National Cemetery.

$30,000 is to fund a program of the Minnesota state council of the Vietnam Veterans of America to assist Vietnam veterans and Vietnam-era veterans in the preparation and presentation of their claims to the United States government for compensation and other benefits to which they are entitled as a result of disabilities incurred in military service. This appropriation may not be used for membership recruitment. This appropriation is available until June 30, 1997.

Sec. 21. VETERANS OF FOREIGN WARS 31,000 31,000

For carrying out the provisions of Laws 1945, chapter 455.

Sec. 22. MILITARY ORDER OF THE PURPLE HEART10,000 10,000

Sec. 23. DISABLED AMERICAN VETERANS 12,000 12,000

For carrying out the provisions of Laws 1941, chapter 425.

Sec. 24. LAWFUL GAMBLING CONTROL BOARD 2,913,000 2,373,000

$844,000 the first year and $321,000 the second year are for a systems project to improve the quality of service to the lawful gambling industry and to increase effectiveness in regulating that industry.

Sec. 25. RACING COMMISSION 337,000 337,000

Sec. 26. GENERAL CONTINGENT ACCOUNTS 450,000 450,000

Summary by Fund

General 100,000 100,000

State Government

Special Revenue250,000250,000

Workers' Compensation 100,000 100,000

The appropriations in this section must be spent with the approval of the governor after consultation with the legislative advisory commission under 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.

The special revenue appropriation is available to be transferred to the attorney general when the costs to provide legal services to the health boards exceed the biennial appropriation to the attorney general from the special revenue fund. The boards receiving the additional services shall set their fees to cover the costs.

Sec. 27. TORT CLAIMS 300,000 300,000

To be spent by the commissioner of finance.

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

Sec. 28. MINNESOTA STATE RETIREMENT SYSTEM2,158,0002,158,000

The amounts estimated to be needed for each program are as follows:

(a) Legislators

1,993,000 1,993,000

Under Minnesota Statutes, sections 3A.03, subdivision 2; 3A.04, subdivisions 3 and 4; and 3A.11.

(b) Constitutional Officers

165,000 165,000

Under Minnesota Statutes, sections 352C.031, subdivision 5; 352C.04, subdivision 3; and 352C.09, subdivision 2.

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

Sec. 29. MINNEAPOLIS EMPLOYEES RETIREMENT FUND 11,005,000 11,005,000

$10,455,000 the first year and $10,455,000 the second year are to the commissioner of finance for payment to the Minneapolis employees retirement fund under Minnesota Statutes, section 422A.101, subdivision 3. Payment must be made in four equal installments, March 15, July 15, September 15, and November 15, each year.

$550,000 the first year and $550,000 the second year are to the commissioner of finance for payment to the Minneapolis employees retirement fund for the supplemental benefit for pre-1973 retirees under Minnesota Statutes, section 356.865.

Sec. 30. POLICE AND FIRE AMORTIZATION AID 6,420,000 6,420,000

$5,020,000 the first year and $5,020,000 the second year are to the commissioner of revenue for state aid to amortize the unfunded liability of local police and salaried firefighters relief associations, under Minnesota Statutes, section 423A.02.

$1,000,000 the first year and $1,000,000 the second year are to the commissioner of revenue for supplemental state aid to amortize the unfunded liability of local police and salaried firefighters relief associations under Minnesota Statutes, section 423A.02, subdivision 1a.

$400,000 each year is to the commissioner of revenue to pay reimbursements to relief associations for firefighter supplemental benefits paid under Minnesota Statutes, section 424A.10.

Sec. 31. MINNEAPOLIS TEACHERS RETIREMENT STATE AID 2,500,000 2,500,000

This appropriation is to the commissioner of finance to make payments for state matching amortization aid contributions to the Minneapolis teachers retirement fund association under Minnesota Statutes, section 354A.12.

Sec. 32. ST. PAUL TEACHERS RETIREMENT STATE AID 500,000 500,000

This appropriation is to the commissioner of finance to make payments for state aid contributions to the St. Paul teachers retirement fund association under Minnesota Statutes, section 354A.12.

Sec. 33. SMALL AGENCY SUPPLEMENT 180,000 420,000

This appropriation is from the general fund and is available in either year of the biennium. During the biennium the commissioner shall transfer the necessary dollars to the small agency accounts, as determined by the commissioner of finance, to cover the costs of the collective bargaining agreement.

The commissioner shall report to the chair of the ways and means committee of the house of representatives and the chair of the finance committee of the senate on the transfers made under these provisions.

Sec. 34. MINNESOTA CONSERVATION FUND TRANSFER

The commissioner of finance shall transfer in the beginning of the biennium, $3,000,000 from the Minnesota conservation fund to the general fund.

Sec. 35. ATTORNEY GENERAL; MILLE LACS TREATY LITIGATION

$790,000 in fiscal year 1995 is added to the appropriation in Laws 1993, chapter 192, section 11, subdivision 3, for the unanticipated expenses of the Mille Lacs and Fond du Lac treaty litigation efforts.

Sec. 36. MILITARY AFFAIRS; ARMORY ASSESSMENTS

$46,000 in fiscal year 1995 is for special assessments due to the city of Roseville for National Guard property under Minnesota Statutes, section 435.19, subdivision 2.

Sec. 37. SALARY SUPPLEMENT

This section applies if there is a forecast unrestricted budgetary general fund balance for the biennium ending June 30, 1997, in the department of finance forecast issued in November 1995. From such balance, there is appropriated to the commissioner of finance an amount sufficient to pay the costs of salary and benefit-related base budget growth for employees in all branches of state government in fiscal year 1997.

Sec. 38. [3.225] [PROFESSIONAL AND TECHNICAL SERVICE CONTRACTS.]

Subdivision 1. [APPLICATION.] This section applies to a contract for professional or technical services entered into by the house of representatives, the senate, the legislative coordinating commission, or any group under the jurisdiction of the legislative coordinating commission. For purposes of this section, "professional or technical services" contract has the meaning defined in section 16B.17.

Subd. 2. [REQUIREMENTS FOR ALL CONTRACTS.] Before entering into a contract for professional or technical services, the contracting entity must determine that:

(1) all provisions of section 16B.19, subdivision 2, have been verified or complied with;

(2) the work to be performed under the contract is necessary to the entity's achievement of its responsibilities;

(3) the contract will not establish an employment relationship between the state or the entity and any persons performing under the contract;

(4) no current legislative employees will engage in the performance of the contract;

(5) no state agency has previously performed or contracted for the performance of tasks which would be substantially duplicated under the proposed contract;

(6) the contracting entity has specified a satisfactory method of evaluating and using the results of the work to be performed; and

(7) the combined contract and amendments will not extend for more than five years.

Subd. 3. [CONTRACTS OVER $5,000.] Before an entity may seek to enter into a professional or technical services contract valued in excess of $5,000, it must determine that:

(1) no legislative employee is able to perform the services called for by the contract;

(2) reasonable efforts were made to publicize the availability of the contract to the public;

(3) the entity has received, reviewed, and accepted a detailed work plan from the contractor for performance under the contract; and

(4) the entity has developed, and fully intends to implement, a written plan providing for: the assignment of personnel to a monitoring and liaison function; the periodic review of interim reports or other indications of past performance; and the ultimate utilization of the final product of the services.

Subd. 4. [RENEWALS.] The renewal of a professional or technical service contract must comply with all requirements, including notice, applicable to the original contract. A renewal contract must be identified as such. All notices and reports on a renewal contract must state the date of the original contract and the amount previously paid under the contract.

Subd. 5. [REPORTS.] (a) The house of representatives, the senate, and the legislative coordinating commission shall submit to the legislative reference library a monthly listing of all contracts for professional or technical services executed in the preceding month. The report must identify the parties and the contract amount, duration, and tasks to be performed.

(b) The monthly report must:

(1) be sorted by contracting entity and by contractor;

(2) show the aggregate value of contracts issued by each agency and issued to each contractor;

(3) distinguish between contracts that are being issued for the first time and contracts that are being renewed;

(4) state the termination date of each contract; and

(5) categorize contracts according to subject matter, including topics such as contracts for training, contracts for research and opinions, and contracts for computer systems.

(c) Within 30 days of final completion of a contract over $5,000 covered by this subdivision, the chief executive of the entity entering into the contract must file a one-page performance report with the legislative reference library. The report must:

(1) summarize the purpose of the contract, including why it was necessary to enter into a contract;

(2) state the amount spent on the contract; and

(3) explain why this amount was a cost-effective way to enable the entity to provide its services or products better or more efficiently.

Subd. 6. [CONTRACT TERMS.] (a) A professional or technical services contract must by its terms permit the contracting entity to unilaterally terminate the contract prior to completion, upon payment of just compensation, if the entity determines that further performance under the contract would not serve entity purposes. If the final product of the contract is a written report, a copy must be filed with the legislative reference library.

(b) The terms of a contract must provide that no more than 90 percent of the amount due under the contract may be paid until the final product has been reviewed by the person entering into the contract on behalf of the contracting entity, and that person has certified that the contractor has satisfactorily fulfilled the terms of the contract.

Sec. 39. Minnesota Statutes 1994, section 3.855, is amended by adding a subdivision to read:

Subd. 1a. [DEFINITIONS.] "Commission" means the legislative coordinating commission.

Sec. 40. Minnesota Statutes 1994, section 3.98, is amended by adding a subdivision to read:

Subd. 2a. If a fiscal note is prepared on a bill and if an agency affected by the bill anticipates that it will contract for professional or technical services as a result of the bill, the agency preparing the fiscal note must compare the anticipated cost of the contract with the cost that would be incurred if the services were to be provided by state employees.

Sec. 41. Minnesota Statutes 1994, section 3C.02, is amended by adding a subdivision to read:

Subd. 6. A contract for professional or technical services that is valued at more than $50,000 may be made only after the revisor has consulted with the legislative coordinating commission. The contract is subject to its recommendation as provided by section 3C.10, subdivision 3, for a printing contract.

Sec. 42. Minnesota Statutes 1994, section 7.09, subdivision 1, is amended to read:

Subdivision 1. [PROCEDURE.] The state treasurer is authorized to receive and accept, on behalf of the state, any gift, bequest, devise, or endowment which may be made by any person, by will, deed, gift, or otherwise, to or for the benefit of the state, or any of its departments or agencies, or to or in aid, or for the benefit, support, or maintenance

of any educational, charitable, or other institution maintained in whole or in part by the state, or for the benefit of students, employees, or inmates thereof, or for any proper state purpose or function, and the money, property, or funds constituting such gift, bequest, devise, or endowment. No such gift, bequest, devise, or endowment whose value is equal to or exceeds $10,000 shall be so accepted unless the commissioner of finance and the state treasurer shall determine that it is for the interest of the state to accept it, and shall approve of and direct the acceptance. If the value is less than $10,000, only the state treasurer need determine that it is for the interest of the state to accept it, and approve of and direct the acceptance. When, in order to effect the purpose for which any gift, bequest, devise, or endowment has been accepted, it is necessary to sell property so received, the state treasurer, upon request of the authority in charge of the agency, department, or institution concerned, may sell it at a price which shall be fixed by the state board of investment.

Sec. 43. Minnesota Statutes 1994, section 8.16, is amended by adding a subdivision to read:

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

Sec. 44. Minnesota Statutes 1994, section 8.31, is amended by adding a subdivision to read:

Subd. 5. [ATTORNEY GENERAL TO ASSIST IN DISCOVERY AND PUNISHMENT OF DISCRIMINATORY PRACTICES AND BIAS OFFENSES.] When the attorney general has information providing a reasonable ground to believe that any person is engaged in a pattern or practice of discrimination in violation of section 363.03, or that any person has been denied any civil right granted under section 363.12, subdivision 2, and such denial raises an issue of general public importance, the attorney general may commence a civil action on behalf of the person or persons and the state as provided in section 363.14, subdivision 1, paragraph (a), and may obtain relief as provided by sections 363.071, subdivision 2, and 363.14, subdivision 3.

When the attorney general has information providing a reasonable ground to believe that any person has been the victim of a bias offense as defined in section 611A.78, and such denial raises an issue of general public importance, the attorney general may obtain relief as provided by section 611A.78, subdivision 2.

For purposes of this subdivision, the term "person" has the meaning specified in section 363.01, subdivision 28.

Sec. 45. Minnesota Statutes 1994, section 15.061, is amended to read:

15.061 [CONSULTANT, PROFESSIONAL AND OR TECHNICAL SERVICES.]

Pursuant to the provisions of In accordance with section 16B.17, the head of a state department or agency may, with the approval of the commissioner of administration, contract for consultant services and professional and or technical services in connection with the operation of the department or agency. A contract negotiated under this section shall is not be subject to the competitive bidding requirements of chapter 16 16B.

Sec. 46. Minnesota Statutes 1994, section 15.415, is amended to read:

15.415 [CORRECTIONS IN TRANSACTIONS, WAIVER.]

In any instance where a correction concerning any state department or agency transaction involves an amount less than the administrative cost of making the correction, the correction shall be waived unless it is possible at a relatively nominal expense to include the correction in a later transaction. If the amount of any correction is less than $2 $5 it shall be prima facie evidence that the cost of the correction would exceed the amount involved.

Sec. 47. Minnesota Statutes 1994, section 15.50, subdivision 2, is amended to read:

Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare, prescribe, and from time to time, after a public hearing, amend a comprehensive use plan for the capitol area, called the area in this subdivision, which consists of that portion of the city of Saint Paul comprehended within the following boundaries: Beginning at the point of intersection of the center line of the Arch-Pennsylvania freeway and the center line of Marion Street, thence southerly along the center line of Marion Street extended to a point 50 feet south of the south line of Concordia Avenue, thence southeasterly along a line extending 50 feet from the south line of Concordia Avenue to a point 125 feet from the west

line of John Ireland Boulevard, thence southwesterly along a line extending 125 feet from the west line of John Ireland Boulevard to the south line of Dayton Avenue, thence northeasterly from the south line of Dayton Avenue to the west line of John Ireland Boulevard, thence northeasterly to the center line of the intersection of Old Kellogg Boulevard and Summit Avenue, thence northeasterly along the center line of Summit Avenue to the center line of the new West Kellogg Boulevard, thence southerly along the east line of the new West Kellogg Boulevard, to the center line of West Seventh Street, thence northeasterly along the center line of West Seventh Street to the center line of the Fifth Street ramp, thence northwesterly along the center line of the Fifth Street ramp to the east line of the right-of-way of Interstate Highway 35-E, thence northeasterly along the east line of the right-of-way of Interstate Highway 35-E to the south line of the right-of-way of Interstate Highway 94, thence easterly along the south line of the right-of-way of Interstate Highway 94 to the west line of St. Peter Street, thence southerly to the south line of Eleventh Exchange Street, thence easterly along the south line of Eleventh Exchange Street to the west line of Cedar Street, thence southeasterly northerly along the west line of Cedar Street to the center line of Tenth Street, thence northeasterly along the center line of Tenth Street to the center line of Minnesota Street, thence northwesterly along the center line of Minnesota Street to the center line of Eleventh Street, thence northeasterly along the center line of Eleventh Street to the center line of Jackson Street, thence northwesterly along the center line of Jackson Street to the center line of the Arch-Pennsylvania freeway extended, thence westerly along the center line of the Arch-Pennsylvania freeway extended and Marion Street to the point of origin. If construction of the labor interpretive center does not commence prior to December 31, 1998 2000, at the site recommended by the board, the boundaries of the capitol area revert to their configuration as of 1992.

Under the comprehensive plan, or a portion of it, the board may regulate, by means of zoning rules adopted under the administrative procedure act, the kind, character, height, and location, of buildings and other structures constructed or used, the size of yards and open spaces, the percentage of lots that may be occupied, and the uses of land, buildings and other structures, within the area. To protect and enhance the dignity, beauty, and architectural integrity of the capitol area, the board is further empowered to include in its zoning rules design review procedures and standards with respect to any proposed construction activities in the capitol area significantly affecting the dignity, beauty, and architectural integrity of the area. No person may undertake these construction activities as defined in the board's rules in the capitol area without first submitting construction plans to the board, obtaining a zoning permit from the board, and receiving a written certification from the board specifying that the person has complied with all design review procedures and standards. Violation of the zoning rules is a misdemeanor. The board may, at its option, proceed to abate any violation by injunction. The board and the city of Saint Paul shall cooperate in assuring that the area adjacent to the capitol area is developed in a manner that is in keeping with the purpose of the board and the provisions of the comprehensive plan.

(b) The commissioner of administration shall act as a consultant to the board with regard to the physical structural needs of the state. The commissioner shall make studies and report the results to the board when it requests reports for its planning purpose.

(c) No public building, street, parking lot, or monument, or other construction may be built or altered on any public lands within the area unless the plans for the project conform to the comprehensive use plan as specified in paragraph (d) and to the requirement for competitive plans as specified in paragraph (e). No alteration substantially changing the external appearance of any existing public building approved in the comprehensive plan or the exterior or interior design of any proposed new public building the plans for which were secured by competition under paragraph (e) may be made without the prior consent of the board. The commissioner of administration shall consult with the board regarding internal changes having the effect of substantially altering the architecture of the interior of any proposed building.

(d) The comprehensive plan must show the existing land uses and recommend future uses including: areas for public taking and use; zoning for private land and criteria for development of public land, including building areas, open spaces, monuments, and other memorials; vehicular and pedestrian circulation; utilities systems; vehicular storage; elements of landscape architecture. No substantial alteration or improvement may be made to public lands or buildings in the area without the written approval of the board.

(e) The board shall secure by competitions plans for any new public building. Plans for any comprehensive plan, landscaping scheme, street plan, or property acquisition that may be proposed, or for any proposed alteration of any existing public building, landscaping scheme or street plan may be secured by a similar competition. A competition must be conducted under rules prescribed by the board and may be of any type which meets the competition standards of the American Institute of Architects. Designs selected become the property of the state of Minnesota, and the board may award one or more premiums in each competition and may pay the costs and fees that may be required for its conduct. At the option of the board, plans for projects estimated to cost less than $1,000,000 may be

approved without competition provided the plans have been considered by the advisory committee described in paragraph (h). Plans for projects estimated to cost less than $400,000 and for construction of streets need not be considered by the advisory committee if in conformity with the comprehensive plan.

(f) Notwithstanding paragraph (e), an architectural competition is not required for the design of any light rail transit station and alignment within the capitol area. The board and its advisory committee shall select a preliminary design for any transit station in the capitol area. Each stage of any station's design through working drawings must be reviewed by the board's advisory committee and approved by the board to ensure that the station's design is compatible with the comprehensive plan for the capitol area and the board's design criteria. The guideway and track design of any light rail transit alignment within the capitol area must also be reviewed by the board's advisory committee and approved by the board.

(g) Of the amount available for the light rail transit design, adequate funds must be available to the board for design framework studies and review of preliminary plans for light rail transit alignment and stations in the capitol area.

(h) The board may not adopt any plan under paragraph (e) unless it first receives the comments and criticism of an advisory committee of three persons, each of whom is either an architect or a planner, who have been selected and appointed as follows: one by the board of the arts, one by the board, and one by the Minnesota Society of the American Institute of Architects. Members of the committee may not be contestants under paragraph (e). The comments and criticism must be a matter of public information. The committee shall advise the board on all architectural and planning matters. For that purpose, the committee must be kept currently informed concerning, and have access to, all data, including all plans, studies, reports and proposals, relating to the area as the data are developed or in the process of preparation, whether by the commissioner of administration, the commissioner of trade and economic development, the metropolitan council, the city of Saint Paul, or by any architect, planner, agency or organization, public or private, retained by the board or not retained and engaged in any work or planning relating to the area, and a copy of any data prepared by any public employee or agency must be filed with the board promptly upon completion.

The board may employ stenographic or technical help that may be reasonable to assist the committee to perform its duties.

When so directed by the board, the committee may serve as, and any member or members of the committee may serve on, the jury or as professional advisor for any architectural competition, and the board shall select the architectural advisor and jurors for any competition with the advice of the committee.

The city of Saint Paul shall advise the board.

(i) The comprehensive plan for the area must be developed and maintained in close cooperation with the commissioner of trade and economic development, the planning department and the council for the city of Saint Paul, and the board of the arts, and no plan or amendment of a plan may be effective without 90 days' notice to the planning department of the city of Saint Paul and the board of the arts and without a public hearing with opportunity for public testimony.

(j) The board and the commissioner of administration, jointly, shall prepare, prescribe, and from time to time revise standards and policies governing the repair, alteration, furnishing, appearance, and cleanliness of the public and ceremonial areas of the state capitol building. The board shall consult with and receive advice from the director of the Minnesota state historical society regarding the historic fidelity of plans for the capitol building. The standards and policies developed under this paragraph are binding upon the commissioner of administration. The provisions of sections 14.02, 14.04 to 14.36, 14.38, and 14.44 to 14.45 do not apply to this paragraph.

(k) The board in consultation with the commissioner of administration shall prepare and submit to the legislature and the governor no later than October 1 of each even-numbered year a report on the status of implementation of the comprehensive plan together with a program for capital improvements and site development, and the commissioner of administration shall provide the necessary cost estimates for the program. The board shall report any changes to the comprehensive plan adopted by the board to the committee on governmental operations and gambling of the house of representatives and the committee on governmental operations and reform of the senate and upon request shall provide testimony concerning the changes. The board shall also provide testimony to the legislature on proposals for memorials in the capitol area as to their compatibility with the standards, policies, and objectives of the comprehensive plan.

(l) The state shall, by the attorney general upon the recommendation of the board and within appropriations available for that purpose, acquire by gift, purchase, or eminent domain proceedings any real property situated in the area described in this section, and it may also acquire an interest less than a fee simple interest in the property, if it finds that the property is needed for future expansion or beautification of the area.

(m) The board is the successor of the state veterans service building commission, and as such may adopt rules and may reenact the rules adopted by its predecessor under Laws 1945, chapter 315, and amendments to it.

(n) The board shall meet at the call of the chair and at such other times as it may prescribe.

(o) The commissioner of administration shall assign quarters in the state veterans service building to (1) the department of veterans affairs, of which a part that the commissioner of administration and commissioner of veterans affairs may mutually determine must be on the first floor above the ground, and (2) the American Legion, Veterans of Foreign Wars, Disabled American Veterans, Military Order of the Purple Heart, United Spanish War Veterans, and Veterans of World War I, and their auxiliaries, incorporated, or when incorporated, under the laws of the state, and (3) as space becomes available, to other state departments and agencies as the commissioner may deem desirable.

Sec. 48. Minnesota Statutes 1994, section 15.91, subdivision 2, is amended to read:

Subd. 2. [PERFORMANCE REPORTS.] (a) Each agency shall develop a performance report for the major programs that it provides or administers. The report shall include each of the following items or an explanation of why an item does not apply to the agency or its individual programs:

(1) a statement of the mission, goals, and objectives of the agency including those set forth in statute;

(2) measures of the output and outcome of the program;

(3) identification of priority and other populations served by the programs under current law and how those populations are expected to change within the period of the report;

(4) plans for how outcome information can be used as an incentive for improving state programs and program outcomes;

(5) requests for statutory flexibility needed to reach outcome goals;

(6) proposals and cost estimates for collecting new outcome information; and

(7) other information that may be required to explain the past and projected performance of state programs.

The objectives required under clause (1): (i) must be simple declarative statements of intent; (ii) should carry benchmarks for accomplishment; and (iii) should be specific enough so citizens can measure progress year to year.

(b) Each agency shall issue a first annual report by September 1, 1994, and annual updated reports no later than September 1 October 30 of each year beginning in 1995. A report must cover a period of four years previous and two years in the future from the date that it is required to be issued, including previous forecasts versus actual measures.

(c) Each agency shall send a copy of each report issued to the governor, the speaker of the house of representatives, the president of the senate, the legislative commission on planning and fiscal policy, the legislative auditor, the commissioner of finance, and two copies to the legislative reference library.

(d) The legislative auditor shall review the drafts and give comments to agencies and the legislature before September 1, 1994, and shall review and give comments on annual reports on a rotating biennial schedule.

(e) State agency reports shall be compiled as required in this paragraph. The commissioner of finance, in consultation with the commissioner of administration, the legislative commission on planning and fiscal policy, and the finance committees and divisions of the house of representatives and senate, shall:

(1) develop forms and instructions by March 15 each year and coordinate training for the use of the agencies in the preparation of their reports;

(2) work with individual agencies to determine acceptable measures of staff workload, unit costs, output, and outcome for use in reports; and

(3) request any needed additional information concerning any agency report submitted.

Each agency shall include citizens, agency clients, consumer and advocacy groups, worker participation committees, managers, elected officials, and contractors in its planning.

Sec. 49. [16A.101] [CONSULTANT CONTRACTS.]

The budget documents must report expenditures for consultant and professional and technical service contracts, as defined in section 16B.17, as a separate category. No other expenditures may be included in this category.

Sec. 50. Minnesota Statutes 1994, section 16A.11, is amended by adding a subdivision to read:

Subd. 3b. [CONTRACTS.] The detailed budget estimate must also include the following information on professional or technical services contracts:

(1) the number and amount of contracts over $25,000 for each agency for the past biennium;

(2) the anticipated number and amount of contracts over $25,000 for each agency for the upcoming biennium; and

(3) the total value of all contracts from the previous biennium, and the anticipated total value of all contracts for the upcoming biennium.

Sec. 51. Minnesota Statutes 1994, section 16A.127, subdivision 8, is amended to read:

Subd. 8. [EXEMPTIONS.] (a) No statewide or agency indirect cost liability shall be accrued to any program, appropriation, or account that is specifically exempted from the liability in federal or state law, or if the commissioner determines the funds to be held in trust, or to be a pass-through, workshop, or seminar account. Accounts receiving proceeds from bond issues, and those accounts whose funds are determined by the commissioner to originate from the general fund, accounts are also exempt from this section.

(b) Except for the costs of the legislative auditor to conduct financial audits of federal funds, this section does not apply to the community college board, state university board, or the state board of technical colleges. Receipts attributable to financial audits conducted by the legislative auditor of federal funds administered by these post-secondary education boards shall be deposited in the general fund.

Sec. 52. Minnesota Statutes 1994, section 16A.129, subdivision 3, is amended to read:

Subd. 3. [CASH ADVANCES.] When the operations of any nongeneral fund account would be impeded by projected cash deficiencies resulting from delays in the receipt of grants, dedicated income, or other similar receivables, and when the deficiencies would be corrected within the budget period involved, the commissioner of finance may transfer use general fund cash reserves into the accounts as necessary to meet cash demands. If funds are transferred from the general fund to meet cash flow needs, the cash flow transfers must be returned to the general fund as soon as sufficient cash balances are available in the account to which the transfer was made. Any interest earned on general fund cash flow transfers accrues to the general fund and not to the accounts or funds to which the transfer was made.

Sec. 53. Minnesota Statutes 1994, section 16A.28, subdivision 5, is amended to read:

Subd. 5. [PERMANENT IMPROVEMENTS.] An appropriation for permanent improvements, including the acquisition of real property does not lapse until the purposes of the appropriation are determined by the commissioner, after consultation with the affected agencies, to be accomplished or abandoned. This subdivision also applies to any part of an appropriation for a fiscal year that has been requisitioned to acquire real property or construct permanent improvements.

Sec. 54. Minnesota Statutes 1994, section 16A.28, subdivision 6, is amended to read:

Subd. 6. [CANCELED SEPTEMBER 1 OCTOBER 15.] On September 1 October 15 all allotments and encumbrances for the last fiscal year shall be canceled unless an agency head certifies to the commissioner that there is an encumbrance for services rendered or goods ordered in the last fiscal year, or certifies that funding will be carried

forward under subdivision 1. The commissioner may: reinstate the part of the cancellation needed to meet the certified encumbrance or charge the certified encumbrance against the current year's appropriation.

Sec. 55. Minnesota Statutes 1994, section 16A.40, is amended to read:

16A.40 [WARRANTS.]

Money must not be paid out of the state treasury except upon the warrant of the commissioner or an electronic fund transfer approved by the commissioner. Warrants must be drawn on printed blanks that are in numerical order. The commissioner shall enter, in numerical order in a warrant register, the number, amount, date, and payee for every warrant issued.

Sec. 56. Minnesota Statutes 1994, section 16A.57, is amended to read:

16A.57 [APPROPRIATION, ALLOTMENT, AND WARRANT NEEDED.]

Unless otherwise expressly provided by law, state money may not be spent or applied without an appropriation, an allotment, and issuance of a warrant or electronic fund transfer.

Sec. 57. Minnesota Statutes 1994, section 16B.06, is amended by adding a subdivision to read:

Subd. 7. [COMPLIANCE.] The commissioner must develop procedures to audit agency personnel to whom the commissioner has delegated contracting authority, in order to assure compliance with laws and guidelines governing issuance of contracts, including laws and guidelines governing conflicts of interest.

Sec. 58. [16B.167] [EMPLOYEE SKILLS INVENTORY.]

(a) The commissioners of employee relations and administration shall develop a list of skills that state agencies commonly seek from professional or technical service contracts, in consultation with exclusive representatives of state employees.

(b) Before an agency may seek approval of a professional or technical services contract valued in excess of $5,000, it must certify to the commissioner that it has publicized the contract by posting notice at appropriate worksites within agencies and has made reasonable efforts to determine that no state employee, including an employee outside the contracting agency, is able to perform the services called for by the contract.

Sec. 59. Minnesota Statutes 1994, section 16B.17, is amended to read:

16B.17 [CONSULTANTS AND PROFESSIONAL OR TECHNICAL SERVICES.]

Subdivision 1. [TERMS.] For the purposes of this section, the following terms have the meanings given them:

(a) [CONSULTANT SERVICES.] "Consultant professional or technical services" means services which that are intellectual in character; which that do not involve the provision of supplies or materials; which that include consultation analysis, evaluation, prediction, planning, or recommendation; and which that result in the production of a report or the completion of a task.

(b) [PROFESSIONAL AND TECHNICAL SERVICES.] "Professional and technical services" means services which are predominantly intellectual in character; which do not involve the provision of supplies or materials; and in which the final result is the completion of a task rather than analysis, evaluation, prediction, planning, or recommendation.

Subd. 2. [PROCEDURE FOR CONSULTANT AND PROFESSIONAL AND OR TECHNICAL SERVICES CONTRACTS.] Before approving a proposed state contract for consultant services or professional and or technical services, the commissioner must determine, at least, that:

(1) all provisions of section 16B.19 and subdivision 3 of this section have been verified or complied with;

(2) the work to be performed under the contract is necessary to the agency's achievement of its statutory responsibilities, and there is statutory authority to enter into the contract;

(3) the contract will not establish an employment relationship between the state or the agency and any persons performing under the contract;

(4) no current state employees will engage in the performance of the contract;

(5) no state agency has previously performed or contracted for the performance of tasks which would be substantially duplicated under the proposed contract; and

(6) the contracting agency has specified a satisfactory method of evaluating and using the results of the work to be performed; and

(7) the combined contract and amendments will not extend for more than five years.

Subd. 3. [DUTIES OF CONTRACTING AGENCY.] Before an agency may seek approval of a consultant or professional and or technical services contract valued in excess of $5,000, it must certify to the commissioner that:

(1) no current state employee is able to perform the services called for by the contract;

(2) the normal competitive bidding mechanisms will not provide for adequate performance of the services;

(3) the services are not available as a product of a prior consultant or professional and technical services contract, and the contractor has certified that the product of the services will be original in character;

(4) reasonable efforts were made to publicize the availability of the contract to the public;

(5) the agency has received, reviewed, and accepted a detailed work plan from the contractor for performance under the contract; and

(6) the agency has developed, and fully intends to implement, a written plan providing for the assignment of specific agency personnel to a monitoring and liaison function;, the periodic review of interim reports or other indications of past performance, and the ultimate utilization of the final product of the services; and

(7) the agency will not allow the contractor to begin work before funds are fully encumbered.

The agency certification must provide detail on how the agency complied with this subdivision. In particular, the agency must describe how it complied with clauses (1) and (4) and section 16B.167, paragraph (b), and what steps it has taken to verify the competence of the proposed contractor.

Subd. 3a. [RENEWALS.] The renewal of a professional or technical contract must comply with all requirements, including notice, applicable to the original contract. A renewal contract must be identified as such. All notices and reports on a renewal contract must state the date of the original contract and the amount paid previously under the contract.

Subd. 4. [REPORTS.] (a) The commissioner shall submit to the governor, the chairs of the house ways and means and senate finance committees, and the legislature legislative reference library a monthly listing of all contracts for consultant services and for professional and or technical services executed or disapproved in the preceding month. The report must identify the parties and the contract amount, duration, and tasks to be performed. The commissioner shall also issue quarterly reports summarizing the contract review activities of the department during the preceding quarter.

(b) The monthly and quarterly reports must:

(1) be sorted by agency and by contractor;

(2) show the aggregate value of contracts issued by each agency and issued to each contractor;

(3) distinguish between contracts that are being issued for the first time and contracts that are being renewed;

(4) state the termination date of each contract; and

(5) categorize contracts according to subject matter, including topics such as contracts for training, contracts for research and opinions, and contracts for computer systems.

(c) Within 30 days of final completion of a contract over $5,000 covered by this subdivision, the chief executive of the agency entering into the contract must submit a one-page report to the commissioner who must submit a copy to the legislative reference library. The report must:

(1) summarize the purpose of the contract, including why it was necessary to enter into a contract;

(2) state the amount spent on the contract; and

(3) explain why this amount was a cost-effective way to enable the agency to provide its services or products better or more efficiently.

Subd. 5. [CONTRACT TERMS.] (a) A consultant or technical and professional or technical services contract must by its terms permit the agency to unilaterally terminate the contract prior to completion, upon payment of just compensation, if the agency determines that further performance under the contract would not serve agency purposes. If the final product of the contract is to be a written report, no more than three copies of the report, one in camera ready form, shall be submitted to the agency. One of the copies a copy must be filed with the legislative reference library.

(b) The terms of a contract must provide that no more than 90 percent of the amount due under the contract may be paid until the final product has been reviewed by the chief executive of the agency entering into the contract, and the chief executive has certified that the contractor has satisfactorily fulfilled the terms of the contract.

Subd. 6. [EXCLUSIONS.] This section and section 16B.167 do not apply:

(1) to Minnesota state college or university contracts to provide instructional services to public or private organizations, agencies, businesses, or industries;

(2) to contracts with individuals or organizations for administration of employee pension plans authorized under chapter 354B or 354C; or

(3) to instructional services provided to Minnesota state colleges or universities by organizations or individuals provided the contracts are consistent with terms of applicable labor agreements.

Sec. 60. [16B.175] [PROFESSIONAL OR TECHNICAL SERVICE CONTRACT CONFLICT OF INTEREST GUIDELINES.]

Subdivision 1. [DEVELOPMENT; APPLICABILITY.] The commissioner of administration must develop guidelines designed to prevent conflicts of interest for agency employees involved in professional or technical service contracts. The guidelines must apply to agency employees who are directly or indirectly involved in: developing requests for proposals; evaluating proposals; drafting and entering into professional or technical service contracts; evaluating performance under these contracts; and authorizing payments under the contract.

Subd. 2. [CONTENT.] (a) The guidelines must attempt to assure that an employee involved in contracting:

(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; 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.

(b) The guidelines must contain a process for making employees aware of guidelines and laws relating to conflict of interest, and for training employees on how to avoid and deal with potential conflicts.

(c) The guidelines must contain a process under which an employee who has a conflict or a potential conflict may disclose the matter, and a process under which work on the contract may be assigned to another employee if possible.

Sec. 61. Minnesota Statutes 1994, section 16B.19, subdivision 2, is amended to read:

Subd. 2. [CONSULTANT, PROFESSIONAL AND OR TECHNICAL PROCUREMENTS.] Every state agency shall for each fiscal year designate for awarding to small businesses at least 25 percent of the value of anticipated procurements of that agency for consultant services or professional and or technical services. The set-aside under this subdivision is in addition to that provided by subdivision 1, but shall must otherwise comply with section 16B.17.

Sec. 62. Minnesota Statutes 1994, section 16B.19, subdivision 10, is amended to read:

Subd. 10. [APPLICABILITY.] This section does not apply to construction contracts or contracts for consultant, professional, or technical services under section 16B.17 that are financed in whole or in part with federal funds and that are subject to federal disadvantaged business enterprise regulations.

Sec. 63. Minnesota Statutes 1994, section 16B.42, subdivision 3, is amended to read:

Subd. 3. [OTHER DUTIES.] The intergovernmental informations systems advisory council shall (1) recommend to the commissioners of state departments, the legislative auditor, and the state auditor a method for the expeditious gathering and reporting of information and data between agencies and units of local government in accordance with cooperatively developed standards; (2) elect an executive committee, not to exceed seven members from its membership; (3) develop an annual plan, to include administration and evaluation of grants, in compliance with applicable rules; (4) provide technical information systems assistance or guidance to local governments for development, implementation, and modification of automated systems, including formation of consortiums for those systems; and (5) appoint committees and task forces, which may include persons other than council members, to assist the council in carrying out its duties; (6) select an executive director to serve the council and employ any other necessary employees, all of whom serve in the classified state civil service; (7) if necessary, contract for professional and other similar services; and (8) work with the information policy office to ensure that information systems developed by state agencies that impact local government will be reviewed by the council.

Sec. 64. [16B.485] [INTERFUND LOANS.]

The commissioner may, with the approval of the commissioner of finance, make loans from an internal service or enterprise fund to another internal service or enterprise fund.

Sec. 65. Minnesota Statutes 1994, section 16D.02, is amended by adding a subdivision to read:

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

Sec. 66. Minnesota Statutes 1994, section 16D.04, subdivision 1, is amended to read:

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

Sec. 67. Minnesota Statutes 1994, section 16D.04, subdivision 3, is amended to read:

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

Sec. 68. Minnesota Statutes 1994, section 16D.06, is amended to read:

16D.06 [DEBTOR INFORMATION.]

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

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

(1) under section 13.05;

(2) under court order;

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

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

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

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

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

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

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

Sec. 69. Minnesota Statutes 1994, section 16D.08, subdivision 2, is amended to read:

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

Sec. 70. [16D.11] [COLLECTION PENALTY.]

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 71. [16D.12] [INTEREST.]

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

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

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

Sec. 72. [16D.13] [VENUE.]

The commissioner or attorney general may bring an action to recover debts owed to the state in Ramsey county district court or Ramsey county conciliation court, or a district or conciliation court of any other county at the discretion of the state. Before bringing an action under this section in any county other than the county in which the defendant resides or where the cause of action arose, the commissioner or the attorney general must notify the debtor, by certified mail, of the intent to bring an action in the specified county and enclose a form for the debtor to use to request that the action be brought in the county of either the debtor's residence or the county where the cause of action arose. If the debtor, within 30 days of the receipt of the notice of intent to bring an action in a specified county, requests in writing that the action be brought in the county of either the debtor's residence or the county where the cause of action arose, that request must be granted by the commissioner or the attorney general, and any subsequent action must be venued in accordance with the request of the debtor. If the debtor does not make a timely request under this section, venue is as chosen by the commissioner or attorney general.

Sec. 73. [16D.14] [COMPROMISE OF DEBT.]

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

Sec. 74. [16D.16] [SETOFFS.]

Subdivision 1. [AUTHORIZATION.] The commissioner or a state agency may automatically deduct the amount of a debt owed to the state from any state payment of $5,000 or more due to the debtor, except that funds exempt under section 550.37 or funds owed an individual who receives assistance under the provisions of chapter 256 are not subject to setoff. If a debtor has entered into a written payment plan with respect to payment of a specified debt, the right of setoff may not be used to satisfy that debt. Notwithstanding section 181.79, the state may deduct from the wages due or earned by a state employee to collect a debt, subject to the limitations in section 571.922.

Subd. 2. [NOTICE AND HEARING.] The commissioner or state agency shall mail written notice, by certified mail, to the debtor, addressed to the debtor's last known address, that the commissioner or state agency intends to set off a debt owed to the state by the debtor against future payments due the debtor from the state. The commissioner or state agency shall notify the debtor within ten days that a setoff has occurred. If the debt owed to the state has not been reduced to judgment or a lien, the notice to the debtor must indicate that the debtor has the right to make a written request for a contested case hearing on the validity of the debt or the right to setoff. The debtor has 30 days from the date of that notice to make a written request for a contested case hearing to contest the validity of the prejudgment debt or the right to setoff. The debtor's request must state the debtor's reasons for contesting the debt or the right to setoff. If the commissioner or state agency desires to pursue the right to setoff following receipt of the debtor's request for a hearing under this section, the commissioner or state agency shall schedule a contested case hearing within 30 days of the receipt of the request for the hearing. If the commissioner or state agency decides not to pursue the right to setoff, the debtor must be notified of that decision.

Sec. 75. [PILOT PROGRAM.]

The commissioner of finance shall initiate a pilot program to compare effectiveness and efficiencies of the Minnesota collection enterprise and private collection agencies. The commissioner shall issue a request for proposals and place at least $35,000,000 of state debt with private collection agencies no later than January 1, 1996. In placing debt with private collection agencies, the commissioner must consider the following factors in comparison to the enterprise: age and size of the debt, type of debt, and direct and indirect costs of collecting the debt. Eligible private collection agencies are those not currently under contract with the commissioner. The commissioner shall report back to the legislature by February 1, 1997.

Sec. 76. Minnesota Statutes 1994, section 115C.02, is amended by adding a subdivision to read:

Subd. 6a. [FUND.] "Fund" means the petroleum tank release cleanup fund.

Sec. 77. Minnesota Statutes 1994, section 115C.08, subdivision 1, is amended to read:

Subdivision 1. [REVENUE SOURCES.] Revenue from the following sources must be deposited in the state treasury and credited to a petroleum tank release cleanup account in the environmental fund:

(1) the proceeds of the fee imposed by subdivision 3;

(2) money recovered by the state under sections 115C.04, 115C.05, and 116.491, including administrative expenses, civil penalties, and money paid under an agreement, stipulation, or settlement;

(3) interest attributable to investment of money in the account fund;

(4) money received by the board and agency in the form of gifts, grants other than federal grants, reimbursements, or appropriations from any source intended to be used for the purposes of the account fund;

(5) fees charged for the operation of the tank installer certification program established under section 116.491; and

(6) money obtained from the return of reimbursements, civil penalties, or other board action under this chapter.

Sec. 78. Minnesota Statutes 1994, section 115C.08, subdivision 2, is amended to read:

Subd. 2. [IMPOSITION OF FEE.] The board shall notify the commissioner of revenue if the unencumbered balance of the account fund falls below $4,000,000, and within 60 days after receiving notice from the board, the commissioner of revenue shall impose the fee established in subdivision 3 on the use of a tank for four calendar months, with payment to be submitted with each monthly distributor tax return.

Sec. 79. Minnesota Statutes 1994, section 115C.08, subdivision 4, is amended to read:

Subd. 4. [EXPENDITURES.] (a) Money in the account fund may only be spent:

(1) to administer the petroleum tank release cleanup program established in this chapter;

(2) for agency administrative costs under sections 116.46 to 116.50, sections 115C.03 to 115C.06, and costs of corrective action taken by the agency under section 115C.03, including investigations;

(3) for costs of recovering expenses of corrective actions under section 115C.04;

(4) for training, certification, and rulemaking under sections 116.46 to 116.50;

(5) for agency administrative costs of enforcing rules governing the construction, installation, operation, and closure of aboveground and underground petroleum storage tanks;

(6) for reimbursement of the harmful substance compensation account under subdivision 5 and section 115B.26, subdivision 4; and

(7) for administrative and staff costs as set by the board to administer the petroleum tank release program established in this chapter.

(b) Money in the account fund is appropriated to the board to make reimbursements or payments under this section.

Sec. 80. Minnesota Statutes 1994, section 116G.15, is amended to read:

116G.15 [MISSISSIPPI RIVER CRITICAL AREA.]

(a) The federal Mississippi National River and Recreation Area established pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of critical concern in accordance with this chapter. The governor shall review the existing Mississippi river critical area plan and specify any additional standards and guidelines to affected

communities in accordance with section 116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of the area pending the completion of the federal plan.

The results of an environmental impact statement prepared under chapter 116D and completed after July 1, 1994, for a proposed project that is located in the Mississippi river critical area north of the United States Army Corps of Engineers Lock and Dam Number One must be submitted in a report to the chairs of the environment and natural resources policy and finance committees of the house of representatives and the senate prior to the issuance of any state or local permits and the authorization for an issuance of any bonds for the project. A report made under this paragraph shall be submitted by the responsible governmental unit that prepared the environmental impact statement, and must list alternatives to the project that are determined by the environmental impact statement to be economically feasible and environmentally superior to the proposed project and identify any legislative actions that may assist in the implementation of environmentally superior alternatives. This paragraph does not apply to a proposed project to be carried out by the metropolitan council or a metropolitan agency as defined in section 473.121.

(b) If the results of an environmental impact statement required to be submitted by paragraph (a) indicate that there is an economically feasible and environmentally superior alternative, then no member agency of the environmental quality board shall issue a permit for the facility that is the subject of the environmental impact statement, nor shall any government bonds be issued for the facility, unless specifically authorized by the legislature.

Sec. 81. Minnesota Statutes 1994, section 197.05, is amended to read:

197.05 [FUND, HOW EXPENDED.]

The state soldiers' assistance fund shall be administered by the commissioner of veterans affairs and shall be used to locate and investigate the facts as to any citizen of Minnesota or resident alien residing in Minnesota who served in the military or naval forces of the United States and who is indigent or suffering from any disability whether acquired in the service or not; to assist the person and the person's dependents as hereinafter provided in establishing and proving any just claim the person may have against the United States government, or any other government or state for compensation, insurance, relief, or other benefits; to provide emergency hospitalization, treatment, maintenance, and relief for any person suffering from disability who was a bona fide resident of the state at the time the need arose and the person's dependents, as hereinafter provided; and to cooperate with other state, municipal, and county officials and civic or civilian agencies or organizations in carrying out the provisions of sections 197.01 to 197.07. The commissioner shall limit financial assistance to veterans and dependents to six months, unless recipients have been certified as ineligible for other benefit programs.

The fund is appropriated to be used in the manner determined by the commissioner of veterans affairs for these purposes.

Sec. 82. Minnesota Statutes 1994, section 240.011, is amended to read:

240.011 [APPOINTMENT OF DIRECTOR.]

The governor shall appoint the a director of the Minnesota racing commission pari-mutuel racing, who serves in the unclassified service at the governor's pleasure. The director must be a person qualified by experience in the administration and regulation of pari-mutuel racing to discharge the duties of the director. The governor must select a director from a list of one or more names submitted by the Minnesota racing commission.

Sec. 83. Minnesota Statutes 1994, section 240.03, is amended to read:

240.03 [COMMISSION POWERS AND DUTIES.]

The commission director has the following powers and duties:

(1) to regulate horse racing in Minnesota to ensure that it is conducted in the public interest;

(2) to issue licenses as provided in this chapter;

(3) to enforce all laws and rules governing horse racing;

(4) to collect and distribute all taxes provided for in this chapter;

(5) to conduct necessary investigations and inquiries and compel the submission of information, documents, and records it the director deems necessary to carry out its the director's duties;

(6) to supervise the conduct of pari-mutuel betting on horse racing;

(7) to employ and supervise personnel under this chapter;

(8) to determine the number of racing days to be held in the state and at each licensed racetrack; and

(9) to take all necessary steps to ensure the integrity of racing in Minnesota.

Sec. 84. Minnesota Statutes 1994, section 240.04, is amended to read:

240.04 [EMPLOYEES.]

Subdivision 1. [DIRECTOR; DUTIES.] The director shall perform the following duties:

(a) take and preserve records of all proceedings before the commission, maintain its books, documents, and records, and make them available for public inspection as the commission directs;

(b) if so designated by the commission, act as a hearing officer in hearings which need not be conducted under the administrative procedure act to conduct hearings, receive testimony and exhibits, and certify the record of proceedings to the commission;

(c) act as the commission's chief personnel officer and supervise the employment, conduct, duties, and discipline of commission employees; and

(d) perform other duties as directed by the commission.

Subd. 1a. [DEPUTY DIRECTOR.] The commission may appoint a deputy director who serves in the unclassified service at the commission's pleasure.

Subd. 2. [DIRECTOR OF PARI-MUTUELS.] The commission director may employ a director of pari-mutuels who serves in the unclassified service at the commission's director's pleasure. The director of pari-mutuels shall perform the following duties:

(a) supervise all forms of pari-mutuel betting on horse racing in the state;

(b) inspect all machinery;

(c) make reports on pari-mutuel betting as the commission director directs;

(d) subject to commission director approval, appoint assistants to perform duties the commission director designates; and

(e) perform other duties as directed by the commission director.

If no director of pari-mutuels is appointed the duties of that office are assigned to the executive director. The commission may contract with outside services or personnel to assist the executive director in the performance of these duties.

Subd. 3. [DIRECTOR OF RACING SECURITY.] The commission director may appoint a director of racing security to serve in the unclassified service at the commission's director's pleasure. The director of racing security shall enforce all laws and commission rules relating to the security and integrity of racing. The director of racing security and all other persons designated by the commission director as security officers have free and open access to all areas of all facilities the commission director licenses and may search without a search warrant any part of a licensed racetrack and the person of any licensee of the commission director on the premises. The director of racing security may order a licensee to take, at the licensee's expense, security measures necessary to protect the integrity of racing, but the order may be appealed to the commission director. Nothing in this chapter prohibits law enforcement authorities and agents from entering, in the performance of their duties, a premises licensed under Laws 1983, chapter 214.

If no director of racing security is appointed the duties of that office are assigned to the executive director. The commission may contract with outside services or personnel to assist the executive director in the performance of these duties.

Subd. 4. [VETERINARIAN.] The commission director may appoint a veterinarian who must be a doctor of veterinary medicine and who serves at its the director's pleasure in the unclassified service. The veterinarian shall, while employed by the commission director, perform the following duties:

(a) supervise the formulation, administration, and evaluation of all medical tests the commission's director's rules require or authorize;

(b) advise the commission director on all aspects of veterinary medicine relating to its the director's powers and duties; and

(c) supervise all personnel involved in medical testing, subject to the supervision of the executive director.

If no veterinarian is appointed, the duties of that office may be assigned to the executive director. The commission may contract with outside personnel to assist the executive director in the performance of these duties.

The commission director may require that a licensee reimburse it the state general fund for the costs of services provided by assistant veterinarians.

Subd. 5. [OTHER EMPLOYEES.] Subject to applicable laws, the commission director shall employ and assign duties to other officers, employees, and agents as it the director deems necessary to discharge its the director's functions.

Subd. 6. [COMPENSATION.] The compensation of all commission employees shall be as provided in chapter 43A.

Subd. 7. [ASSISTANCE.] The commission and director may request assistance from any department or agency of the state in fulfilling its the director's duties, and shall make appropriate reimbursement for all such assistance.

Sec. 85. Minnesota Statutes 1994, section 240.155, subdivision 1, is amended to read:

Subdivision 1. [REIMBURSEMENT ACCOUNT CREDIT.] Money received by the commission as reimbursement for the costs of services provided by assistant veterinarians and, stewards, and medical testing of horses, must be deposited in the state treasury and credited to a racing commission reimbursement account, except as provided under subdivision 2. Receipts are appropriated to the commission to pay the costs of providing the services.

Sec. 86. Minnesota Statutes 1994, section 240.24, subdivision 3, is amended to read:

Subd. 3. [FEES.] The commission shall establish by rule a fee or schedule of fees to recover the costs of medical testing of horses running at racetracks licensed by the commission. Fees charged for the testing of horses shall cover the cost of the medical testing laboratory. Fee receipts shall be deposited in the state treasury and credited to the general fund racing commission reimbursement account.

Sec. 87. Minnesota Statutes 1994, section 240.28, is amended to read:

240.28 [CONFLICT OF INTEREST.]

Subdivision 1. [FINANCIAL INTEREST.] No person may serve on as director or be employed by the commission director who has an interest in any corporation, association, or partnership which holds a license from the commission director or which holds a contract to supply goods or services to a licensee or at a licensed racetrack, including concessions contracts. No member or Neither the director nor an employee of the commission director may own, wholly or in part, or have an interest in a horse which races at a licensed racetrack in Minnesota. No member or Neither the director nor an employee of the commission director may have a financial interest in or be employed in a profession or business which conflicts with the performance of duties as a member director or employee.

Subd. 2. [BETTING.] No member or Neither the director nor an employee of the commission director may bet or cause a bet to be made on a race at a licensed racetrack while serving on or being employed by the commission. No person appointed or approved by the director as a steward may bet or cause a bet to be made at a licensed racetrack during a racing meeting at which the person is serving as a steward. The commission director shall by rule prescribe such restrictions on betting by its director's licensees as it the director deems necessary to protect the integrity of racing.

Subd. 3. [VIOLATION.] A violation of subdivisions 1 and 2 is grounds for removal from the commission as director or termination of employment. A bet made directly or indirectly by a licensee in violation of a rule made by the commission director under subdivision 2 is grounds for suspension or revocation of the license.

Sec. 88. [240.30] [COMMISSION ABOLISHED.]

The Minnesota racing commission is abolished on July 1, 1995. The terms of all members of the commission serving on that date expire on that date. All powers, duties, and responsibilities of the commission are transferred to the director of pari-mutuel racing.

Sec. 89. [240A.081] [ALLOCATION OF DATES.]

In each year in which the state makes a $750,000 appropriation under section 240A.08, out of the total of 50 dates per year allocated to the amateur sports commission under section 240A.08, the metropolitan sports facilities commission must make available to the amateur sports commission at least 20 dates at the Metrodome.

Sec. 90. Minnesota Statutes 1994, section 240A.09, is amended to read:

240A.09 [PLAN DEVELOPMENT; CRITERIA.]

The Minnesota amateur sports commission shall develop a plan to promote the development of proposals for new statewide public ice facilities including proposals for ice centers and matching grants based on the criteria in this section.

(a) For ice center proposals, the commission will give priority to proposals that come from more than one local government unit and that, in the metropolitan area as defined in section 473.121, subdivision 2, involve construction of more than three at least two ice sheets in a single facility.

(b) The Minnesota amateur sports commission shall administer a site selection process for the ice centers. The commission shall invite proposals from cities or counties or consortia of cities. A proposal for an ice center must include matching contributions including in-kind contributions of land, access roadways and access roadway improvements, and necessary utility services, landscaping, and parking.

(c) Proposals for ice centers and matching grants must provide for meeting the demand for ice time for female groups by offering up to 50 percent of prime ice time, as needed, to female groups. For purposes of this section, prime ice time means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.

(d) The location for all proposed facilities must be in areas of maximum demonstrated interest and must maximize accessibility to an arterial highway.

(e) To the extent possible, all proposed facilities must be dispersed equitably and must be located to maximize potential for full utilization and profitable operation.

(f) The Minnesota amateur sports commission may also use the funds to upgrade current facilities, purchase girls' ice time, or conduct amateur women's hockey and other ice sport tournaments.

(g) To the extent possible, 50 percent of all grants must be awarded to communities in greater Minnesota.

(h) To the extent possible, technical assistance shall be provided to Minnesota communities by the commission on ice arena planning, design, and operation, including the marketing of ice time.

(i) The commission may use funds for rehabilitation and renovation grants. Priority must be given to grant applications for indoor air quality improvements, including zero emission ice resurfacing equipment.

(j) At least ten percent of the grant funds must be used for ice centers designed for sports other than hockey.

Sec. 91. Minnesota Statutes 1994, section 240A.10, is amended to read:

240A.10 [AGREEMENTS.]

Subdivision 1. [ICE ARENA FACILITIES.] The Minnesota amateur sports commission may enter into agreements with local units of government and provide financial assistance in the form of grants for the construction of ice arena facilities that in the determination of the commission, conform to its criteria.

Subd. 2. [EQUIPMENT; REVOLVING FUND.] The commission may enter into cooperative purchasing agreements under section 471.59 with local governments to purchase ice arena equipment and services through state contracts. The cooperative ice arena equipment purchasing revolving fund is a separate account in the state treasury. The commission may charge a fee to cover the commission's administrative expenses to government units that have joint or cooperative purchasing agreements with the state under section 471.59. The fees collected must be deposited in the revolving fund established by this subdivision. Money in the fund is appropriated to the commission to administer the programs and services covered by this subdivision.

Sec. 92. Minnesota Statutes 1994, section 299L.02, subdivision 2, is amended to read:

Subd. 2. [GAMBLING.] The director shall:

(1) conduct background investigations of applicants for licensing as a manufacturer or distributor of gambling equipment or as a bingo hall under chapter 349; and

(2) when requested by the director of lawful gambling control, or when the director believes it to be reasonable and necessary, inspect the premises of a licensee under chapter 349 to determine compliance with law and with the rules of the board director of lawful gambling, or to conduct an audit of the accounts, books, records, or other documents required to be kept by the licensee.

The director may charge applicants under clause (1) a reasonable fee to cover the costs of the investigation.

Sec. 93. Minnesota Statutes 1994, section 349.12, subdivision 10, is amended to read:

Subd. 10. [DIRECTOR.] "Director" is the director of the lawful gambling control board.

Sec. 94. Minnesota Statutes 1994, section 349.151, is amended to read:

349.151 [DIRECTOR OF LAWFUL GAMBLING CONTROL BOARD.]

Subdivision 1. [BOARD CREATED.] The gambling control board is created with the powers and duties established by subdivision 4.

Subd. 2. [MEMBERSHIP.] (a) On and after July 1, 1991, the board consists of seven members, as follows: (1) those members appointed by the governor before July 1, 1991, whose terms expire June 30, 1992, June 30, 1993, and June 30, 1994; (2) one member appointed by the governor for a term expiring June 30, 1994; (3) one member appointed by the commissioner of public safety for a term expiring June 30, 1995; and (4) one member appointed by the attorney general for a term expiring June 30, 1995.

(b) All appointments under this subdivision are with the advice and consent of the senate.

(c) After expiration of the initial terms, appointments are for four years.

(d) The board shall select one of its members to serve as chair. No more than three members appointed by the governor under this subdivision may belong to the same political party.

Subd. 3a. [COMPENSATION.] The compensation of board members is as provided in section 15.0575, subdivision 3.

Subd. 3b. [DIRECTOR.] A director of lawful gambling shall be appointed by the governor with the advice and consent of the senate. The director serves in the unclassified service at the pleasure of the governor.

Subd. 4. [POWERS AND DUTIES.] (a) The board director has the following powers and duties:

(1) to regulate lawful gambling to ensure it is conducted in the public interest;

(2) to issue licenses to organizations, distributors, bingo halls, manufacturers, and gambling managers;

(3) to collect and deposit license, permit, and registration fees due under this chapter;

(4) to receive reports required by this chapter and inspect all premises, records, books, and other documents of organizations, distributors, manufacturers, and bingo halls to insure compliance with all applicable laws and rules;

(5) to make rules authorized by this chapter;

(6) to register gambling equipment and issue registration stamps;

(7) to provide by rule for the mandatory posting by organizations conducting lawful gambling of rules of play and the odds and/or house percentage on each form of lawful gambling;

(8) to report annually to the governor and legislature on its the director's activities and on recommended changes in the laws governing gambling;

(9) to impose civil penalties of not more than $500 per violation on organizations, distributors, manufacturers, bingo halls, and gambling managers for failure to comply with any provision of this chapter or any rule or order of the board director;

(10) to issue premises permits to organizations licensed to conduct lawful gambling;

(11) to delegate to the director the authority to issue or deny license and premises permit applications and renewals under criteria established by the board;

(12) to suspend or revoke licenses and premises permits of organizations, distributors, manufacturers, bingo halls, or gambling managers as provided in this chapter;

(13) (12) to register employees of organizations licensed to conduct lawful gambling;

(14) (13) to require fingerprints from persons determined by board rule to be subject to fingerprinting;

(15) to delegate to a compliance review group of the board the authority to investigate alleged violations, issue consent orders, and initiate contested cases on behalf of the board;

(16) (14) to order organizations, distributors, manufacturers, bingo halls, and gambling managers to take corrective actions; and

(17) (15) to take all necessary steps to ensure the integrity of and public confidence in lawful gambling.

(b) The board, or director if authorized to act on behalf of the board, may by citation assess any organization, distributor, manufacturer, bingo hall licensee, or gambling manager a civil penalty of not more than $500 per violation for a failure to comply with any provision of this chapter or any rule adopted or order issued by the board director. Any organization, distributor, bingo hall licensee, gambling manager, or manufacturer assessed a civil penalty under this paragraph may request a hearing before the board director. Appeals of citations imposing a civil penalty are not subject to the provisions of the administrative procedure act.

(c) All fees and penalties received by the board director must be deposited in the general fund.

Subd. 4a. [PADDLEWHEEL RULES.] The board shall promulgate rules governing paddlewheels before July 1, 1992. The rules must provide for operation procedures, internal control standards, posted information, records, and reports.

Subd. 4b. [PULL-TAB SALES FROM DISPENSING DEVICES.] (a) The board director may by rule authorize but not require the use of pull-tab dispensing devices.

(b) Rules adopted under paragraph (a):

(1) must limit the number of pull-tab dispensing devices on any permitted premises to three;

(2) must limit the use of pull-tab dispensing devices to a permitted premises which is (i) a licensed premises for on-sales of intoxicating liquor or 3.2 percent malt beverages or (ii) a licensed bingo hall that allows gambling only by persons 18 years or older; and

(3) must prohibit the use of pull-tab dispensing devices at any licensed premises where pull-tabs are sold other than through a pull-tab dispensing device by an employee of the organization who is also the lessor or an employee of the lessor.

(c) The director shall deposit in a separate account in the state treasury all money the director receives as reimbursement for the costs of services provided by independent testing laboratories that have entered into contracts with the state to perform testing and analysis of pull-tab dispensing devices. Money in the account is appropriated to the director to pay the costs of services under those contracts.

Subd. 5. [ATTORNEY GENERAL.] The attorney general is the attorney for the board director.

Subd. 7. [ORDERS.] The board director may order any person subject to its the director's jurisdiction who has violated this chapter or a board rule or order to take appropriate action to correct the violation.

Subd. 8. [CRIMINAL HISTORY.] The board director may request the director of gambling enforcement to assist in investigating the background of an applicant for a license under this chapter, and the director of gambling enforcement may bill the license applicant for the cost thereof. The board director has access to all criminal history data compiled by the division of gambling enforcement on licensees and applicants.

Subd. 9. [RESPONSE TO REQUESTS.] An applicant, licensee, or other person subject to the board's director's jurisdiction must:

(1) comply with requests for information or documents, or other requests, from the board or director within the time specified in the request or, if no time is specified, within 30 days of the date the board or director mails the request; and

(2) appear before the board or director when requested to do so, and must bring documents or materials requested by the board or director.

Subd. 10. [PRODUCTION OF EVIDENCE.] For the purpose of any investigation, inspection, compliance review, audit, or proceeding under this chapter, the board or director may (1) administer oaths and affirmations, (2) subpoena witnesses and compel their attendance, (3) take evidence, and (4) require the production of books, papers, correspondence, memoranda, agreements, or other documents or records that the board or director determines are relevant or material to the inquiry.

Subd. 11. [COURT ORDERS.] In the event of a refusal to appear by, or refusal to obey a subpoena issued to, any person under this chapter, the district court may on application of the board or director issue to the person an order directing the person to appear before the board or director, and to produce documentary evidence if so ordered or to give evidence relating to the matter under investigation or in question. Failure to obey such an order may be punished by the court as contempt of court.

Subd. 12. [ACCESS.] The board or director has free access during normal business hours to the offices and places of business of licensees or organizations conducting excluded or exempt gambling, and to all books, accounts, papers, records, files, safes, and vaults maintained in the places of business or required to be maintained.

Subd. 13. [RULEMAKING.] In addition to any authority to adopt rules specifically authorized under this chapter, the board director may adopt, amend, or repeal rules, including emergency rules, under chapter 14, when necessary or proper in discharging the board's director's powers and duties.

Sec. 95. Minnesota Statutes 1994, section 349.153, is amended to read:

349.153 [CONFLICT OF INTEREST.]

(a) A person may not serve on the board, be the director, or be an employee of the board director, who has an interest in any corporation, association, limited liability company, or partnership that is licensed by the board director as a distributor, manufacturer, or a bingo hall under section 349.164.

(b) A member of the board, The director, or an employee of the board director may not accept employment with, receive compensation directly or indirectly from, or enter into a contractual relationship with an organization that conducts lawful gambling, a distributor, a bingo hall or a manufacturer while serving as the director or while employed with or a member of the board by the director, or within one year after terminating employment with or leaving the board office.

(c) A distributor, bingo hall, manufacturer, or organization licensed to conduct lawful gambling may not hire the director or a former employee, director, or member of the gambling control board of the office for one year after the employee, or director, or member has terminated employment with or left the gambling control board service as director or employee.

Sec. 96. [349.24] [BOARD ABOLISHED.]

The gambling control board is abolished on July 1, 1995. The terms of all members serving on the board on that date expire on that date. All powers, duties, and responsibilities of the board are transferred to the director of lawful gambling.

Sec. 97. Minnesota Statutes 1994, section 349A.02, subdivision 1, is amended to read:

Subdivision 1. [DIRECTOR.] A state lottery is established under the supervision and control of the director of the state lottery appointed by the governor with the advice and consent of the senate. The governor shall appoint the director from a list of at least three persons recommended to the governor by the board. The director must be qualified by experience and training to supervise the lottery. The director serves in the unclassified service. The annual salary rate authorized for the director is equal to 80 percent of the salary rate prescribed for the governor as of the effective date of Laws 1993, chapter 146.

Sec. 98. Minnesota Statutes 1994, section 349A.03, is amended by adding a subdivision to read:

Subd. 4. [BOARD ABOLISHED.] The board is abolished on July 1, 1995. The terms of all members of the board serving on that date expire on that date.

Sec. 99. Minnesota Statutes 1994, section 349A.04, is amended to read:

349A.04 [LOTTERY GAME PROCEDURES.]

The director may adopt game procedures governing the following elements of the lottery:

(1) lottery games;

(2) ticket prices;

(3) number and size of prizes;

(4) methods of selecting winning tickets; and

(5) frequency and method of drawings.

The adoption of lottery game procedures is not subject to chapter 14. Before adopting a lottery game procedure, the director shall submit the procedure to the board for its review and comment.

Sec. 100. Minnesota Statutes 1994, section 349A.05, is amended to read:

349A.05 [RULES.]

The director may adopt rules, including emergency rules, under chapter 14 governing the following elements of the lottery:

(1) the number and types of lottery retailers' locations;

(2) qualifications of lottery retailers and application procedures for lottery retailer contracts;

(3) investigation of lottery retailer applicants;

(4) appeal procedures for denial, suspension, or cancellation of lottery retailer contracts;

(5) compensation of lottery retailers;

(6) accounting for and deposit of lottery revenues by lottery retailers;

(7) procedures for issuing lottery procurement contracts and for the investigation of bidders on those contracts;

(8) payment of prizes;

(9) procedures needed to ensure the integrity and security of the lottery; and

(10) other rules the director considers necessary for the efficient operation and administration of the lottery.

Before adopting a rule the director shall submit the rule to the board for its review and comment.

Sec. 101. Minnesota Statutes 1994, section 349A.06, subdivision 2, is amended to read:

Subd. 2. [QUALIFICATIONS.] (a) The director may not contract with a retailer who:

(1) is under the age of 18;

(2) is in business solely as a seller of lottery tickets;

(3) owes $500 or more in delinquent taxes as defined in section 270.72;

(4) has been convicted within the previous five years of a felony or gross misdemeanor, any crime involving fraud or misrepresentation, or a gambling-related offense;

(5) is a member of the immediate family, residing in the same household, as the director, board member, or any employee of the lottery;

(6) in the director's judgment does not have the financial stability or responsibility to act as a lottery retailer, or whose contracting as a lottery retailer would adversely affect the public health, welfare, and safety, or endanger the security and integrity of the lottery; or

(7) is a currency exchange, as defined in section 53A.01.

A contract entered into before August 1, 1990, which violates clause (7) may continue in effect until its expiration but may not be renewed.

(b) An organization, firm, partnership, or corporation that has a stockholder who owns more than five percent of the business or the stock of the corporation, an officer, or director, that does not meet the requirements of paragraph (a), clause (4), is not eligible to be a lottery retailer under this section.

(c) The restrictions under paragraph (a), clause (4), do not apply to an organization, partnership, or corporation if the director determines that the organization, partnership, or firm has terminated its relationship with the individual whose actions directly contributed to the disqualification under this subdivision.

Sec. 102. Minnesota Statutes 1994, section 349A.08, subdivision 5, is amended to read:

Subd. 5. [PAYMENT; UNCLAIMED PRIZES.] A prize in the state lottery must be claimed by the winner within one year of the date of the drawing at which the prize was awarded or the last day sales were authorized for a game where a prize was determined in a manner other than by means of a drawing. If a valid claim is not made for a prize payable directly by the lottery by the end of this period, the unclaimed prize money must be added by the director to prize pools of subsequent lottery games the prize money is considered unclaimed and the winner of the prize shall have no further claim to the prize. A prize won by a person who purchased the winning ticket in violation of section 349A.12, subdivision 1, or won by a person ineligible to be awarded a prize under subdivision 7 must be treated as an unclaimed prize under this section. The director shall deposit 70 percent of all unclaimed prize money at the end of each fiscal year in the state treasury for credit to the general fund.

Sec. 103. Minnesota Statutes 1994, section 349A.08, subdivision 7, is amended to read:

Subd. 7. [PAYMENTS PROHIBITED.] (a) No prize may be paid to a member of the board, the director or an employee of the lottery, or a member of their families residing in the same household of the member, director, or employee. No prize may be paid to an officer or employee of a vendor which at the time the game or drawing was being conducted was involved with providing goods or services to the lottery under a lottery procurement contract.

(b) No prize may be paid for a stolen, altered, or fraudulent ticket.

Sec. 104. Minnesota Statutes 1994, section 349A.10, is amended by adding a subdivision to read:

Subd. 7. [TRANSFER OF CASH BALANCES.] (a) At the end of each business day the director shall transfer to the commissioner of finance from the lottery prize fund all amounts that the director determines are not required for immediate use by the lottery prize fund. The commissioner shall deposit all amounts so received in the general fund to be credited to the budget reserve and cash flow account.

(b) The director shall notify the commissioner of finance whenever the director determines that money transferred under paragraph (a) is required for the immediate use of the lottery prize fund. Upon receiving such a notification the commissioner shall transfer the amount identified in the notification. Amounts necessary to make transfers under this paragraph are appropriated from the general fund to the commissioner.

Sec. 105. Minnesota Statutes 1994, section 349A.11, is amended to read:

349A.11 [CONFLICT OF INTEREST.]

(a) The director, a board member, an employee of the lottery, a member of the immediate family of the director, board member, or employee residing in the same household may not:

(1) purchase a lottery ticket;

(2) have any personal pecuniary interest in any vendor holding a lottery procurement contract, or in any lottery retailer; or

(3) receive any gift, gratuity, or other thing of value, excluding food or beverage, from any lottery vendor or lottery retailer, or person applying to be a retailer or vendor, in excess of $100 in any calendar year.

(b) A violation of paragraph (a), clause (1), is a misdemeanor. A violation of paragraph (a), clause (2), is a gross misdemeanor. A violation of paragraph (a), clause (3), is a misdemeanor unless the gift, gratuity, or other item of value received has a value in excess of $500, in which case a violation is a gross misdemeanor.

(c) The director or an unclassified employee of the lottery may not, within one year of terminating employment with the lottery, accept employment with, act as an agent or attorney for, or otherwise represent any person, corporation, or entity that had any lottery procurement contract or bid for a lottery procurement contract with the lottery within a period of two years prior to the termination of their employment. A violation of this paragraph is a misdemeanor.

Sec. 106. Minnesota Statutes 1994, section 349A.12, subdivision 4, is amended to read:

Subd. 4. [LOTTERY RETAILERS AND VENDORS.] A person who is a lottery retailer, or is applying to be a lottery retailer, a person applying for a contract with the director, or a person under contract with the director to supply goods or services to lottery may not pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service, excluding food or beverage, having an aggregate value of over $100 in any calendar year to the director, board member, employee of the lottery, or to a member of the immediate family residing in the same household as that person.

Sec. 107. [DIRECTORS.]

The directors of the Minnesota racing commission and gambling control board on the effective date of this section continue in the positions of director of pari-mutuel racing and lawful gambling, respectively, in the unclassified service.

Sec. 108. Minnesota Statutes 1994, section 352.15, subdivision 3, is amended to read:

Subd. 3. [DEDUCTING HEALTH INSURANCE PREMIUMS.] The board may direct, at its discretion, the deduction of a retiree's health or dental insurance premiums and transfer of the amounts to a health or dental insurance carrier covering state employees. The insurance carrier must certify that the retired employee has signed an authorization for the deduction and provide a computer readable roster of covered retirees and amounts. The health or dental insurance carrier must refund deductions withheld from a retiree's check in error directly to the retiree. The board shall require the insurance carrier to reimburse the fund for the administrative expense of withholding the premium amounts. The insurance carrier shall assume liability for any failure of the system to properly withhold the premium amounts.

Sec. 109. Minnesota Statutes 1994, section 462.358, subdivision 2b, is amended to read:

Subd. 2b. [DEDICATION.] The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements.

In addition, the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision.

Sec. 110. Minnesota Statutes 1994, section 465.795, subdivision 7, is amended to read:

Subd. 7. [SCOPE.] As used in sections 465.795 to 465.799 and sections 465.801 to 465.87 465.88, the terms defined in this section have the meanings given them.

Sec. 111. Minnesota Statutes 1994, section 465.796, subdivision 2, is amended to read:

Subd. 2. [DUTIES OF BOARD.] The board shall:

(1) accept applications from local government units for waivers of administrative rules and temporary, limited exemptions from enforcement of procedural requirements in state law as provided in section 465.797, and determine whether to approve, modify, or reject the application;

(2) accept applications for grants to local government units and related organizations proposing to design models or plans for innovative service delivery and management as provided in section 465.798 and determine whether to approve, modify, or reject the application;

(3) accept applications from local government units for financial assistance to enable them to plan for cooperative efforts as provided in section 465.799, and determine whether to approve, modify, or reject the application;

(4) accept applications from eligible local government units for service-sharing grants as provided in section 465.801, and determine whether to approve, modify, or reject the application;

(5) accept applications from counties, cities, and towns proposing to combine under sections 465.81 to 465.87, and determine whether to approve or disapprove the application; and

(6) make recommendations to the legislature for the authorization of pilot projects for the implementation of innovative service delivery activities that require statutory authorization;

(7) make recommendations to the legislature regarding the elimination of state mandates that inhibit local government efficiency, innovation, and cooperation. by prescribing specific processes for achieving a desired outcome;

(8) investigate and review the role of unfunded state mandates in intergovernmental relations and assess their impact on state and local government objectives and responsibilities;

(9) make recommendations to the governor and the legislature regarding:

(i) allowing flexibility for local units of government in complying with specific unfunded state mandates for which terms of compliance are unnecessarily rigid or complex;

(ii) reconciling any two or more unfunded state mandates which impose contradictory or inconsistent requirements;

(iii) terminating unfunded state mandates which are duplicative, obsolete, or lacking in practical utility;

(iv) suspending, on a temporary basis, unfunded state mandates which are not vital to public health and safety and which compound the fiscal difficulties of local units of government, including recommendations for triggering such suspension;

(v) consolidating or simplifying unfunded state mandate, or the planning or reporting requirements of such mandates, in order to reduce duplication and facilitate compliance by local units of government with those mandates; and

(vi) establishing common state definitions or standards to be used by local units of government in complying with unfunded state mandates that use different definitions or standards for the same terms or principles; and

(10) identification of relevant unfunded state mandates.

Each recommendation under clause (9) shall, to the extent practicable, identify the specific unfunded state mandates to which the recommendation applies. The heads of state agencies responsible for the promulgation or enforcement of the unfunded mandates addressed in clauses (7) to (10) shall assign staff to assist the board in carrying out the board's duties under this section.

The board may purchase services from the metropolitan council in reviewing requests for waivers and grant applications.

Sec. 112. [REPORT.]

The board shall prepare and distribute a report to the governor and legislature by November 15, 1995, containing recommended legislation to accomplish the goals of Minnesota Statutes, section 465.796, subdivision 2, clauses (8) to (10).

Sec. 113. Minnesota Statutes 1994, section 465.797, subdivision 1, is amended to read:

Subdivision 1. [GENERALLY.] (a) Except as provided in paragraph (b), a local government unit may request the board of government innovation and cooperation to grant a waiver from one or more administrative rules or a temporary, limited exemption from enforcement of state procedural laws governing delivery of services by the local government unit. Two or more local government units may submit a joint application for a waiver or exemption under this section if they propose to cooperate in providing a service or program that is subject to the rule or law. Before submitting an application to the board, the governing body of the local government unit must approve, in concept, the proposed waiver or exemption at a meeting required to be public under section 471.705. A local government unit or two or more units acting jointly may apply for a waiver or exemption on behalf of a nonprofit organization providing services to clients whose costs are paid by the unit or units. A waiver or exemption granted to a nonprofit organization under this section applies to services provided to all the organization's clients.

(b) A school district that is granted a variance from rules of the state board of education under section 121.11, subdivision 12, need not apply to the board for a waiver of those rules under this section. A school district may not seek a waiver of rules under this section if the state board of education has authority to grant a variance to the rules under section 121.11, subdivision 12. This paragraph does not preclude a school district from being included in a cooperative effort with another local government unit under this section.

Sec. 114. Minnesota Statutes 1994, section 465.797, subdivision 2, is amended to read:

Subd. 2. [APPLICATION.] A local government unit requesting a waiver of a rule or exemption from enforcement of a law under this section shall present a written application to the board. The application must include:

(1) identification of the service or program at issue;

(2) identification of the administrative rule or the law imposing a procedural requirement with respect to which the waiver or exemption is sought; and

(3) a description of the improved service outcome sought, including an explanation of the effect of the waiver or exemption in accomplishing that outcome.

A copy of the application must be provided by the requesting local government unit to the exclusive representative certified under section 179A.12 to represent employees who provide the service or program affected by the requested waiver or exemption.

Sec. 115. Minnesota Statutes 1994, section 465.797, subdivision 3, is amended to read:

Subd. 3. [REVIEW PROCESS.] (a) Upon receipt of an application from a local government unit, the board shall review the application. The board shall dismiss an application if it finds that the application proposes a waiver of rules or exemption from enforcement of laws 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.

(b) The board shall determine whether a law from which an exemption for enforcement is sought is a procedural law, specifying how a local government unit is to achieve an outcome, rather than a substantive law prescribing the outcome or otherwise establishing policy. In making its determination, the board shall consider whether the law specifies such requirements as:

(1) who must deliver a service;

(2) where the service must be delivered;

(3) to whom and in what form reports regarding the service must be made; and

(4) how long or how often the service must be made available to a given recipient.

(c) If the commissioner of finance, the commissioner of administration, or the state auditor has jurisdiction over a rule or law affected by an application, the chief administrative law judge, as soon as practicable after receipt of the application, shall designate a third administrative law judge to serve as a member of the board in place of that official while the board is deciding whether to grant the waiver or exemption.

(d) (c) If the application is submitted by a local government unit in the metropolitan area or the unit requests a waiver of a rule or temporary, limited exemptions from enforcement of a procedural law over which the metropolitan council or a metropolitan agency has jurisdiction, the board shall also transmit a copy of the application to the council for review and comment. The council shall report its comments to the board within 60 days of the date the application was transmitted to the council. The council may point out any resources or technical assistance it may be able to provide a local government submitting a request under this section.

(e) (d) Within 15 days after receipt of the application, the board shall transmit a copy of it to the commissioner of each agency having jurisdiction over a rule or law from which a waiver or exemption is sought. The agency may mail a notice that it has received an application for a waiver or exemption to all persons who have registered with the agency under section 14.14, subdivision 1a, identifying the rule or law from which a waiver or exemption is requested. If no agency has jurisdiction over the rule or law, the board shall transmit a copy of the application to the attorney general. The agency shall inform the board of its agreement with or objection to and grounds for objection to the waiver or exemption request within 60 days of the date when the application was transmitted to it. An agency's failure to do so is considered agreement to the waiver or exemption. The board shall decide whether to grant a waiver or exemption at its next regularly scheduled meeting following its receipt of an agency's response or the end of the 60-day response period. If consideration of an application is not concluded at that 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 or exemption request up to the time of its vote on the application.

(f) If the exclusive representative of the affected employees of the requesting local government unit objects to the waiver or exemption request it may inform the board of the objection to and the grounds for the objection to the waiver or exemption request within 60 days of the receipt of the application.

Sec. 116. Minnesota Statutes 1994, section 465.797, subdivision 4, is amended to read:

Subd. 4. [HEARING.] If the agency or the exclusive representative does not agree with the waiver or exemption request, the board shall set a date for a hearing on the application. The hearing must be conducted informally at a meeting of the board. Persons representing the local government unit shall present their case for the waiver or exemption, and persons representing the agency shall explain the agency's objection to it. Members of the board may request additional information from either party. The board may also request, either before or at the hearing, information or comments from representatives of business, labor, local governments, state agencies, consultants, and members of the public. If necessary, the hearing may be continued at a subsequent board meeting. A waiver or exemption must be granted by a vote of a majority of the board members. The board may modify the terms of the waiver or exemption request in arriving at the agreement required under subdivision 5.

Sec. 117. Minnesota Statutes 1994, section 465.797, subdivision 5, is amended to read:

Subd. 5. [CONDITIONS OF AGREEMENTS.] (a) If the board grants a request for a waiver or exemption, the board and the local government unit shall enter into an agreement providing for the delivery of the service or program that is the subject of the application. The agreement must specify desired outcomes and the means of measurement by which the board will determine whether the outcomes specified in the agreement have been met. The agreement must specify the duration of the waiver or exemption, which may be for no less than two years and no more than four years, subject to renewal if both parties agree.

(b) If the board grants a waiver from enforcement of a rule, it must report this waiver to the legislature including the chairs of the governmental operations and appropriate policy committees in the house and senate, and governor within 30 days.

(c) The board may reconsider or renegotiate the agreement if the rule or law affected by the waiver or exemption is amended or repealed during the term of the original agreement. A waiver of a rule under this section has the effect of a variance granted by an agency under section 14.05, subdivision 4. A local unit of government that is granted an exemption from enforcement of a procedural requirement in state law under this section is exempt from that law for the duration of the exemption. The board may require periodic reports from the local government unit, or conduct investigations of the service or program.

Sec. 118. Minnesota Statutes 1994, section 465.797, subdivision 6, is amended to read:

Subd. 6. [ENFORCEMENT.] If the board finds that the local government unit is failing to comply with the terms of the agreement under subdivision 5, it may rescind the agreement. Upon the rescission, the local unit of government becomes subject to the rules and laws covered by the agreement.

Sec. 119. Minnesota Statutes 1994, section 465.798, is amended to read:

465.798 [SERVICE BUDGET MANAGEMENT MODEL GRANTS.]

One or more local units of governments, an association of local governments, the metropolitan council, a local unit of government acting in conjunction with an organization or a state agency, or an organization established by two or more local units of government under a joint powers agreement may apply to the board of government innovation and management for a grant to be used to develop models for innovative service budget management. The application to the board must state what other sources of funding have been considered by the local units of government to implement the project and explain why it is not possible to complete the project without assistance from the board. The board may not award a grant if it determines that the local units of government could complete the project without board assistance. A copy of the application must be provided by the units to the exclusive representatives certified under section 179A.12 to represent employees who provide the service or program affected by the application.

Proposed models may provide options to local governments, neighborhood or community organizations, or individuals for managing budgets for service delivery. A copy of the work product for which the grant was provided must be furnished to the board upon completion, and the board may disseminate it to other local units of government

or interested groups. If the board finds that the model was not completed or implemented according to the terms of the grant agreement, it may require the grantee to repay all or a portion of the grant. The board shall award grants on the basis of each qualified applicant's score under the scoring system in section 465.802. The amount of a grant under this section may not exceed $50,000.

Sec. 120. Minnesota Statutes 1994, section 465.799, is amended to read:

465.799 [COOPERATION PLANNING GRANTS.]

Two or more local government units; an association of local governments; a local unit of government acting in conjunction with the metropolitan council, an organization, or a state agency; or an organization formed by two or more local units of government under a joint powers agreement may apply to the board of government innovation and cooperation for a grant to be used to develop a plan for intergovernmental cooperation in providing services. The application to the board must state what other sources of funding have been considered by the local units of government to implement the project and explain why it is not possible to complete the project without assistance from the board. The board may not award a grant if it determines that the local units of government could complete the project without board assistance. A copy of the application must be submitted by the applicants to the exclusive representatives certified under section 179A.12 to represent employees who provide the service or program affected by the application.

The plan may include model contracts or agreements to be used to implement the plan. A copy of the work product for which the grant was provided must be furnished to the board upon completion, and the board may disseminate it to other local units of government or interested groups. If the board finds that the grantee has failed to implement the plan according to the terms of the agreement, it may require the grantee to repay all or a portion of the grant. The board shall award grants on the basis of each qualified applicant's score under the scoring system in section 465.802. The amount of a grant under this section may not exceed $50,000.

Sec. 121. Minnesota Statutes 1994, section 465.801, is amended to read:

465.801 [SERVICE SHARING GRANTS.]

Two or more local units of government; an association of local governments; a local unit of government acting in conjunction with the metropolitan council, an organization, or a state agency; or an organization established by two or more local units of government under a joint powers agreement may apply to the board of government innovation and cooperation for a grant to be used to meet the start-up costs of providing shared services or functions. Agreements solely to make joint purchases are not sufficient to qualify under this section. The application to the board must state what other sources of funding have been considered by the local units of government to implement the project and explain why it is not possible to complete the project without assistance from the board. The board may not award a grant if it determines that the local units of government could complete the project without board assistance. A copy of the application must be provided by the applicants to the exclusive representatives certified under section 179A.12 to represent employees who provide the service or program affected by the application.

The proposal must include plans fully to integrate a service or function provided by two or more local government units. A copy of the work product for which the grant was provided must be furnished to the board upon completion, and the board may disseminate it to other local units of government or interested groups. If the board finds that the grantee has failed to implement the plan according to the terms of the agreement, it may require the grantee to repay all or a portion of the grant. The board shall award grants on the basis of each qualified applicant's score under the scoring system in section 465.802. The amount of a grant under this section may not exceed $100,000.

Sec. 122. Minnesota Statutes 1994, section 465.81, subdivision 1, is amended to read:

Subdivision 1. [SCOPE.] Sections 465.81 to 465.87 establish procedures to be used by counties, cities, or towns that adopt by resolution an agreement providing a plan to provide combined services during an initial two-year cooperation period that may not exceed two years and then to merge into a single unit of government over the succeeding two-year period.

Sec. 123. Minnesota Statutes 1994, section 465.82, subdivision 2, is amended to read:

Subd. 2. [CONTENTS OF PLAN.] The plan shall must state:

(1) the specific cooperative activities the units will engage in during the first two years of the venture;

(2) the steps to be taken to effect the merger of the governmental units, beginning in the third year of the process, with completion no later than four years after the process begins;

(3) the steps by which a single governing body will be created. Notwithstanding any other law to the contrary, all current members of the governing bodies of the local government units that propose to combine under sections 465.81 to 465.87 may serve on the initial governing body of the combined unit, until a gradual reduction in membership is achieved by foregoing election of new members when terms expire until the number permitted by other law is reached;

(4) changes in services provided, facilities used, administrative operations and staffing to effect the preliminary cooperative activities and the final merger;

(5) treatment of employees of the merging governmental units, specifically including provisions for reassigning employees, dealing with unions, and providing financial incentives to encourage early retirements;

(6) financial arrangements for the merger, specifically including responsibility for debt service on outstanding obligations of the merging entities;

(7) two, five, and ten-year projections prepared by the department of revenue at the request of the local government unit, of revenues, expenditures, and property taxes for each unit if it combined and if it remained separate;

(8) procedures for a referendum to be held prior to the year of before the proposed combination to approve combining the local government units, specifically stating whether a majority of those voting in each district proposed for combination or a majority of those voting on the question in the entire area proposed for combination would be needed to pass the referendum; and

(9) a time schedule for implementation.

Notwithstanding clause (3) or any other law to the contrary, all current members of the governing bodies of the local governmental units that propose to combine under sections 465.81 to 465.87 may serve on the initial governing body of the combined unit until a gradual reduction in membership is achieved by foregoing election of new members when terms expire until the number permitted by other law is reached.

Sec. 124. Minnesota Statutes 1994, section 465.84, is amended to read:

465.84 [REFERENDUM.]

During the first or second year of cooperation, and after approval of the plan by the department board under section 465.83, a referendum on the question of combination shall must be conducted. The referendum shall must be on a date called by the governing bodies of the units that propose to combine. The referendum shall must be conducted according to the Minnesota election law, as defined in section 200.01. If the referendum fails, the same question or a modified question may be submitted the following year. If the referendum fails again, the same question may not be submitted. Referendums shall be conducted on the same date in all local government units.

Sec. 125. Minnesota Statutes 1994, section 465.85, is amended to read:

465.85 [COUNTY AUDITOR TO PREPARE PLAT.]

Upon the request of two or more local government units that have adopted a resolution to cooperate and combine, the county auditor shall prepare a plat. If the proposed combined local government unit is located in more than one county, the request shall must be submitted to the county auditor of the county that has the greatest land area in the proposed district. The plat must show:

(1) the boundaries of each of the present units;

(2) the boundaries of the proposed unit;

(3) the boundaries of proposed election districts, if requested; and

(4) other information deemed pertinent by the governing bodies or the county auditor.

Sec. 126. Minnesota Statutes 1994, section 465.87, is amended to read:

465.87 [AIDS TO COOPERATING AND COMBINING UNITS.]

Subdivision 1. [ELIGIBILITY.] A local government unit is eligible to apply for aid under this section if the board has approved its plan to cooperate and combine under section 465.83.

Subd. 1a. [ADDITIONAL ELIGIBILITY.] A local government unit is eligible to apply for aid under this section if it has combined with another unit of government in accordance with any process within chapter 414 that results in the elimination of at least one local government unit and a copy of the municipal board's order combining the two units of government is forwarded to the board. If two units of government cooperate in the orderly annexation of the entire area of a third unit of government which has a population of at least 8,000 people, the two units of government are each eligible for the amount of aid specified in subdivision 2.

Subd. 1b. [APPLICATION PROCEDURES.] A local government unit covered by subdivision 1 may submit an application to the board along with the final plan for cooperation and combination required by section 465.83. A local government unit covered by subdivision 1a may submit an application to the board after the issuance of the municipal board's order combining the two units of government. The application must be on a form prescribed by the board and must specify the total amount of aid requested up to the maximum authorized by subdivision 2. The application must also include a detailed explanation of the need for the aid and provide a budget indicating how the requested aid would be used.

Subd. 1c. [AID AWARD.] The board may grant or deny an application for aid made by a local government under subdivision 1b. The board may also grant aid to an applicant in an amount that is less than the amount requested by the applicant. The board shall base its decision on the following criteria:

(1) whether the local government unit has adequately demonstrated that the requested aid is essential to accomplishing the proposed combination;

(2) whether the activities to be funded by the requested aid are directly related to the combination;

(3) whether other sources of funding for the activities identified in the application, including short-term cost savings, are available to the applicant as a direct result of the combination; and

(4) whether there are competing needs for the funding available to the board that would provide a greater public benefit than would be realized by the combination or activities described in the application.

The board may award money to an applicant for a period not to exceed four years. Any funding awarded for a period beyond the biennium in which an award is made, however, is contingent on future appropriations to the board.

Subd. 2. [AMOUNT OF AID.] The annual amount of aid to be paid to each eligible local government unit is equal to may not exceed the following per capita amounts, based on the combined population of the units, not to exceed $100,000 per year for any unit as estimated by the state demographer, or $100,000, whichever is less.

Combined Population Aid

after Combination Per Capita

0 - 2,500 $25

2,500 - 5,000 20

5,000 - 20,000 15

over 20,000 10

Payments shall must be made on the dates provided for payments of local government aid under section 477A.013, beginning in the year during which substantial cooperative activities under the plan initially occur, unless those activities begin after July 1, in which case the initial aid payment shall must be made in the following calendar year. Payments to a local government unit that qualifies for aid pursuant to subdivision 1a must be made on the dates provided for payments of local government aids under section 477A.013, beginning in the calendar year during which a combination in any form is expected to be ordered by the Minnesota municipal board as evidenced in a resolution adopted by July 1 by the affected local government units declaring their intent to combine. The resolutions must certify that the combination agreement addressing all issues relative to the combination is substantially complete. The total amount of aid paid may not exceed the amount appropriated to the board for purposes of this section.

Subd. 3. [TERMINATION OF AID; RECAPTURE.] If a second referendum under section 465.84 fails, or if an initial referendum fails and the governing body does not schedule a second referendum within one year after the first has failed, or if one or more of the local government units that proposed to combine terminates its participation in the cooperation or combination, no additional aid will may be paid under this section. The amount previously paid under this section to a unit must be repaid if the governing body of the unit acts to terminate its current level of participation in the plan. The amount previously paid to the unit must be repaid in annual installments equal to the total amount paid to the unit for all years under subdivision subdivisions 1c and 2, divided by the number of years when payments were made.

Sec. 127. [465.88] [PLANNING AID FOR CONSOLIDATION STUDIES.]

Two local units of government with a combined population of 2,500 or less based on the most recent decennial census, may apply to the board of aid to assist in the study of a possible consolidation or combination. To be eligible for receipt of aid under this section, the two local units of government must be subject to a municipal board motion to form a consolidation commission pursuant to section 414.041, subdivision 2, or the governing bodies of the local units of government must have approved a resolution expressing their intent to develop and submit a combination plan for consideration by the board. The application must be on a form prescribed by the board and must provide a proposed budget detailing how the requested aid shall be used. The governing bodies of the local units of government must also approve resolutions certifying that the requested aid is essential for paying a portion of the costs associated with the consolidation or combination study. The board may grant up to $10,000 in aid for each application received.

Sec. 128. Minnesota Statutes 1994, section 473.129, is amended by adding a subdivision to read:

Subd. 2a. [CONTRACT CONDITIONS; REPORTING.] The metropolitan council shall provide, by rule, conditions for its professional and technical service contracts that are equivalent to the conditions required for state contracts under section 16B.17.

Sec. 129. Minnesota Statutes 1994, section 491A.01, subdivision 8, is amended to read:

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

Sec. 130. Minnesota Statutes 1994, section 491A.02, subdivision 4, is amended to read:

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

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

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

Sec. 131. Laws 1991, chapter 235, article 5, section 3, is amended to read:

Sec. 3. [REPEALER.]

Section 1, subdivision 2, is repealed effective July 1, 1995 1999.

Sec. 132. [METROPOLITAN COUNCIL.]

During the biennium ending June 30, 1997, the amount of nonfederal funds spent by the metropolitan council on professional or technical service contracts, as defined in Minnesota Statutes, section 16B.17, may not exceed 90 percent of the amount of nonfederal funds that the metropolitan council, the metropolitan transit commission, the metropolitan waste control commission, and the regional transit board spent on these contracts during the biennium from July 1, 1993, to June 30, 1995. For purposes of this section, professional or technical service contracts do not include contracts for construction.

Sec. 133. [LEGISLATIVE AUDITOR.]

The legislative audit commission shall consider directing the legislative auditor to conduct a follow-up study of agency contracting and compliance with laws governing contracting.

Sec. 134. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]

Appointing authorities in state government shall encourage each employee to take an unpaid leave of absence for up to 160 hours during the period ending June 30, 1997. Each appointing authority approving such a leave shall allow the employee to continue accruing vacation and sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and accrue service credit in state retirement plans permitting service credits for authorized leaves of absence as if the employee had actually been employed during the time of the leave. If the leave of absence is for one full pay period or longer, any holiday pay shall be included in the first payroll warrant after return from the leave of absence. The appointing authority shall attempt to grant requests for unpaid leaves of absence consistent with the need to continue efficient operation of the agency. However, each appointing authority shall retain discretion to grant or refuse to grant requests for leaves of absence and to schedule and cancel leaves, subject to applicable provisions of collective bargaining agreements and compensation plans. Any cost savings resulting from this section cancel to the fund from which the money was saved.

Sec. 135. [SPENDING LIMITATION ON CONTRACTS.]

(a) During the biennium ending June 30, 1997, the aggregate amount spent by all departments or agencies defined in Minnesota Statutes, section 15.91, subdivision 1, on professional or technical service contracts may not exceed 90 percent of the aggregate amount these departments or agencies spent on these contracts during the biennium from July 1, 1993, to June 30, 1995. For purposes of this section, professional or technical service contracts are as defined in Minnesota Statutes, section 16B.17, but do not include contracts for highway construction or maintenance, contracts between state agencies, contracts paid for from insurance trust funds, gift and deposit funds, capital projects funds, or federal funds, contracts that are entered into in connection with the agency's distribution of grant funds, or contracts entered into under Minnesota Statutes, section 16B.35. The governor or a designated official must limit or disapprove proposed contracts as necessary to comply with this section.

(b) During the biennium ending June 30, 1997, the amount spent by (1) the house of representatives; (2) the senate; and (3) the legislative coordinating commission and all groups under its jurisdiction, from direct-appropriated funds on professional or technical service contracts may not exceed 90 percent of the amount spent on these contracts from direct-appropriated funds during the biennium from July 1, 1993, to June 30, 1995. Each entity listed in clauses (1), (2), and (3) of this paragraph must be treated separately for purposes of determining compliance with this paragraph, except that the legislative coordinating commission and all groups under its jurisdiction must be treated as one unit. For purposes of this paragraph, "professional or technical service contract" has the meaning defined in section 16B.17, but does not include contracts for actuarial services entered into by the legislative commission on pensions and retirement, or contracts with other legislative or state executive agencies. The house of representatives committee on rules and legislative administration, the senate committee on rules and administration, and the legislative coordinating commission must each determine the amount of the reduction to be made under this paragraph. The amounts appropriated to the house of representatives, the senate, and the legislative coordinating commission and groups under its jurisdiction by other law are reduced by the amount of the reductions determined under this paragraph. The reductions may be made either in fiscal year 1996 or fiscal year 1997.

Sec. 136. [STUDY ON CONSOLIDATING COUNTIES AND RATIONALIZING OTHER INTERNAL BOUNDARIES.]

The board of government innovation and cooperation shall study the feasibility of consolidating counties in the state. As part of the study, the board shall consider conforming county boundaries to other existing physical or organizational boundaries including, among others, state judicial districts, and shall consider the economic implications that may result from the consolidation.

The study shall also include a consideration of the rationalization of other internal boundaries of the state such as highway maintenance and regional economic districts.

The board shall report on the study to the appropriate committees of the legislature by January 1, 1997.

Sec. 137. [CONSTITUTIONAL OFFICERS.]

A constitutional officer need not get the approval of the commissioner of finance but must notify the committee on finance of the senate and the committee on ways and means of the house of representatives and the commissioner of finance before making a transfer between programs in the same fund.

Sec. 138. [REVISOR INSTRUCTION.]

(a) The revisor of statutes shall change the term "account," where it refers to the petroleum tank release cleanup account, to "fund" in the following sections of Minnesota Statutes: 115B.26, 115C.03, 115C.08, 115C.09, 115C.10, 115C.11, 115E.11, and 135A.045, and in the headnote of section 115C.08.

(b) The revisor of statutes shall make the following changes in Minnesota Statutes, and similar changes in Minnesota Statutes and Rules, and conforming stylistic changes, to conform to legislative intent as expressed in this act:

(1) "commission" to "director," and "racing commission" to "director of pari-mutuel racing," in Minnesota Statutes, section 240.01, subdivisions 9, 10, and 16; 240.05; 240.06; 240.07; 240.08; 240.09; 240.10; 240.12; 240.13; 240.14; 240.15; 240.155; 240.16; 240.17; 240.18; 240.19; 240.20; 240.21; 240.22; 240.23; 240.24; 240.25; 240.27; 240.29; 299L.01, subdivision 4; 299L.02, subdivision 3; and 299L.03, subdivision 3;

(2) "board" to "director," and "gambling control board" to "director of lawful gambling," in Minnesota Statutes, section 297E.02, subdivision 2 and 7; 299L.03, subdivision 4; 349.12, subdivisions 3, 3a, and 25; 349.15; 349.154; 349.155; 349.16; 349.161; 349.162; 349.163; 349.164; 349.1641; 349.165; 349.166; 349.167; 349.168; 349.169; 349.17; 349.172; 349.18; 349.19; 349.191; 349.211; 349.2123; 349.2125; 349.2127; and 349.213.

(c) In the next and subsequent editions of Minnesota Statutes, the revisor shall substitute the term "legislative coordinating commission" for the term "legislative commission on employee relations" in the following sections of Minnesota Statutes: 15A.081, subdivisions 1, 7, and 7b; 43A.04, subdivisions 7 and 9; 43A.05, subdivisions 3, 5, and 6; 43A.06, subdivision 4; 43A.17, subdivision 9; 43A.18, subdivisions 2, 3, 3a, 4, 4a, and 5; 43A.191, subdivision 3; 43A.31, subdivision 2; 179A.18; and 252.50, subdivision 11.

Sec. 139. [REPEALER.]

(a) Minnesota Statutes 1994, section 115C.02, subdivision 1a, is repealed.

(b) Minnesota Statutes 1994, section 240.01, subdivision 4; 240.02; 240.04, subdivision 1 and 1a; 349.12, subdivision 6; 349.151; 349.152, subdivisions 1 and 2; 349A.01, subdivision 2; and 349A.02, subdivision 8, are repealed.

(c) Minnesota Statutes 1994, sections 1.22; 3.841; 3.842; 3.843; 3.844; 3.845; 3.846; 3.855, subdivision 1; 3.873; 3.885; 3.887; and 161.1419, are repealed.

Sec. 140. [EFFECTIVE DATES.]

Subdivision 1. [DEBT COLLECTION.] Sections 43, 65, 66, 67, 68, 73, and 130 are effective the day following final enactment. Section 69 is effective for debts previously referred or referred on or after the day following final enactment.

Subd. 2. [REVISOR.] Section 41 is effective July 1, 1997.

Subd. 3. [1995 APPROPRIATIONS.] Sections 35 and 36 are effective the day following final enactment.

Subd. 4. [AMATEUR SPORTS COMMISSION.] Sections 90, 91, and 109 are effective the day following final enactment.

Section 1. Minnesota Statutes 1994, section 16B.59, is amended to read:

16B.59 [STATE BUILDING CODE; POLICY AND PURPOSE.]

The state building code governs the construction, reconstruction, alteration, and repair of state-owned buildings and other structures to which the code is applicable. The commissioner shall administer and amend a state code of building construction which will provide basic and uniform performance standards, establish reasonable safeguards for health, safety, welfare, comfort, and security of the residents of this state and provide for the use of modern methods, devices, materials, and techniques which will in part tend to lower construction costs. The construction of buildings should be permitted at the least possible cost consistent with recognized standards of health and safety.

Sec. 2. Minnesota Statutes 1994, section 16B.60, subdivision 1, is amended to read:

Subdivision 1. [SCOPE.] For the purposes of sections 16B.59 to 16B.73 16B.75, the terms defined in this section have the meanings given them.

Sec. 3. Minnesota Statutes 1994, section 16B.60, subdivision 4, is amended to read:

Subd. 4. [CODE.] "Code" means the state building code adopted by the commissioner in accordance with sections 16B.59 to 16B.73 16B.75.

Sec. 4. Minnesota Statutes 1994, section 16B.61, subdivision 1, is amended to read:

Subdivision 1. [ADOPTION OF CODE.] Subject to sections 16B.59 to 16B.73 16B.75, the commissioner shall by rule establish a code of standards for the construction, reconstruction, alteration, and repair of state-owned buildings, governing matters of structural materials, design and construction, fire protection, health, sanitation, and safety. The code must conform insofar as practicable to model building codes generally accepted and in use throughout the United States. In the preparation of the code, consideration must be given to the existing statewide specialty codes presently in use in the state. Model codes with necessary modifications and statewide specialty codes may be adopted by reference. The code must be based on the application of scientific principles, approved tests, and professional judgment. To the extent possible, the code must be adopted in terms of desired results instead of the means of achieving those results, avoiding wherever possible the incorporation of specifications of particular methods or materials. To that end the code must encourage the use of new methods and new materials. Except as otherwise provided in sections 16B.59 to 16B.73 16B.75, the commissioner shall administer and enforce the provisions of those sections.

Sec. 5. Minnesota Statutes 1994, section 16B.61, subdivision 1a, is amended to read:

Subd. 1a. [ADMINISTRATION BY COMMISSIONER.] The commissioner shall administer and enforce the state building code as a municipality with respect to public buildings and state licensed facilities in the state. The commissioner shall establish appropriate permit, plan review, and inspection fees for public buildings and state licensed facilities. Fees and surcharges for public buildings and state licensed facilities must be remitted to the commissioner, who shall deposit them in the state treasury for credit to the special revenue fund.

Municipalities other than the state having a contractual agreement with the commissioner for code administration and enforcement service for public buildings and state licensed facilities shall charge their customary fees, including surcharge, to be paid directly to the contractual jurisdiction by the applicant seeking authorization to construct a

public building or a state licensed facility. The commissioner shall contract with a municipality other than the state for plan review, code administration, and code enforcement service for public buildings and state licensed facilities in the contractual jurisdiction if the building officials of the municipality meet the requirements of section 16B.65 and wish to provide those services and if the commissioner determines that the municipality has enough adequately trained and qualified building inspectors to provide those services for the construction project.

The commissioner shall administer and enforce the provisions of the code relating to elevators statewide, except as provided for under section 183.357, subdivision 3.

Sec. 6. Minnesota Statutes 1994, section 16B.61, subdivision 2, is amended to read:

Subd. 2. [ENFORCEMENT BY CERTAIN BODIES.] Under the direction and supervision of the commissioner, the provisions of the code relating to electrical installations shall be enforced by the state board of electricity, pursuant to the Minnesota electrical act, the provisions relating to plumbing shall be enforced by the commissioner of health, the provisions relating to fire protection the Minnesota uniform fire code shall be enforced by the state fire marshal, the provisions relating to high pressure steam piping and appurtenances and elevators shall be enforced by the department of labor and industry, and the code as applied to public school buildings shall be enforced by the state board of education. Fees for inspections conducted by the state board of electricity shall be paid in accordance with the rules of the state board of electricity.

Sec. 7. Minnesota Statutes 1994, section 16B.61, subdivision 5, is amended to read:

Subd. 5. [ACCESSIBILITY.] (a) [PUBLIC BUILDINGS.] The code must provide for making public buildings constructed or remodeled after July 1, 1963, accessible to and usable by physically handicapped persons, although this does not require the remodeling of public buildings solely to provide accessibility and usability to the physically handicapped when remodeling would not otherwise be undertaken.

(b) [LEASED SPACE.] No agency of the state may lease space for agency operations in a non-state-owned building unless the building satisfies the requirements of the state building code for accessibility by the physically handicapped, or is eligible to display the state symbol of accessibility. This limitation applies to leases of 30 days or more for space of at least 1,000 square feet.

(c) [MEETINGS OR CONFERENCES.] Meetings or conferences for the public or for state employees which are sponsored in whole or in part by a state agency must be held in buildings that meet the state building code requirements relating to accessibility for physically handicapped persons. This subdivision does not apply to any classes, seminars, or training programs offered by a state university, the University of Minnesota, or a state community college. Meetings or conferences intended for specific individuals none of whom need the accessibility features for handicapped persons specified in the state building code need not comply with this subdivision unless a handicapped person gives reasonable advance notice of an intent to attend the meeting or conference. When sign language interpreters will be provided, meetings or conference sites must be chosen which allow hearing impaired participants to see their signing clearly.

(d) [EXEMPTIONS.] The commissioner may grant an exemption from the requirements of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts were made to secure facilities which complied with those requirements and if the selected facilities are the best available for access for handicapped persons. Exemptions shall be granted using criteria developed by the commissioner in consultation with the council on disability.

(e) [SYMBOL INDICATING ACCESS.] The wheelchair symbol adopted by Rehabilitation International's Eleventh World Congress is the state symbol indicating buildings, facilities, and grounds which are accessible to and usable by handicapped persons. In the interests of uniformity, this symbol in its white on blue format is the sole symbol for display in or on all public or private buildings, facilities, and grounds which qualify for its use. The secretary of state shall obtain the symbol and keep it on file. No building, facility, or grounds may display the symbol unless it is in compliance with the rules adopted by the commissioner under subdivision 1. Before any rules are proposed for adoption under this paragraph, the commissioner shall consult with the council on disability. Rules adopted under this paragraph must be enforced in the same way as other accessibility rules of the state building code.

(f) [MUNICIPAL ENFORCEMENT.] Municipalities which have not adopted the state building code may enforce the building code requirements for handicapped persons by either entering into a joint powers agreement for enforcement with another municipality which has adopted the state building code; or contracting for enforcement with an individual certified under section 16B.65, subdivision 3, to enforce the state building code.

(g) [EQUIPMENT ALLOWED.] The code must allow the use of vertical wheelchair lifts and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair lift must be equipped with light or sound signaling device for use during operation of the lift. The stairway or ramp shall be marked in a bright color that clearly indicates the outside edge of the lift when in operation. The code shall not require a guardrail between the lift and the stairway or ramp. Compliance with this provision by itself does not mean other handicap accessibility requirements have been met.

Sec. 8. Minnesota Statutes 1994, section 16B.63, subdivision 3, is amended to read:

Subd. 3. [POWERS AND DUTIES.] The state building official may, with the approval of the commissioner, employ personnel necessary to carry out the inspector's function under sections 16B.59 to 16B.73 16B.75. The state building official shall distribute without charge one copy of the code to each municipality within the state. Additional copies shall be made available to municipalities and interested parties for a fee prescribed by the commissioner. The state building official shall perform other duties in administering the code assigned by the commissioner.

Sec. 9. Minnesota Statutes 1994, section 16B.65, subdivision 1, is amended to read:

Subdivision 1. [APPOINTMENTS.] The governing body of each municipality shall, unless other means are already provided, appoint a person building official to administer the code who shall be known as a building official. Two or more municipalities may combine in the appointment of a single building official for the purpose of administering the provisions of the code within their communities. In those municipalities for which no building officials have been appointed, the state building inspector, with the approval of the commissioner, may appoint building officials to serve until the municipalities have made an appointment. If unable to make an appointment, the state building inspector may use whichever state employees or state agencies are necessary to perform the duties of the building official. All costs incurred by virtue of an appointment by the state building inspector or services rendered by state employees must be borne by the involved municipality. Receipts arising from the appointment must be paid into the state treasury and credited to the general fund.

Sec. 10. Minnesota Statutes 1994, section 16B.65, subdivision 3, is amended to read:

Subd. 3. [CERTIFICATION.] The commissioner shall:

(1) prepare and conduct written and practical examinations to determine if a person is qualified pursuant to subdivision 2 to be a building official;

(2) accept documentation of successful completion of testing programs developed by nationally recognized testing agencies, as proof of qualification pursuant to subdivision 2; or

(3) determine qualifications by both clauses (1) and (2).

Upon a determination of qualification under clause (1), (2), or both of them, the commissioner shall issue a certificate to the building official stating that the official is certified. Each person applying for examination and certification pursuant to this section shall pay a nonrefundable fee of $70. The commissioner or a designee may establish classes of certification that will recognize the varying complexities of code enforcement in the municipalities within the state. Except as provided by subdivision 2, no person may act as a building official for a municipality unless the commissioner determines that the official is qualified. The commissioner shall provide educational programs designed to train and assist building officials in carrying out their responsibilities.

The department of employee relations may, at the request of the commissioner, provide statewide testing services.

Sec. 11. Minnesota Statutes 1994, section 16B.65, subdivision 4, is amended to read:

Subd. 4. [DUTIES.] Building officials shall, in the municipality for which they are appointed, attend to all aspects of code administration for which they are certified, including the issuance of all building permits and the inspection of all manufactured home installations. The commissioner may direct a municipality with a building official to perform services for another municipality, and in that event the municipality being served shall pay the municipality rendering the services the reasonable costs of the services. The costs may be subject to approval by the commissioner.

Sec. 12. Minnesota Statutes 1994, section 16B.65, subdivision 7, is amended to read:

Subd. 7. [CONTINUING EDUCATION.] Subject to sections 16B.59 to 16B.73 16B.75, the commissioner may by rule establish or approve continuing education programs for municipal building officials dealing with matters of building code administration, inspection, and enforcement.

Effective January 1, 1985, each person certified as a building official for the state must satisfactorily complete applicable educational programs established or approved by the commissioner every three calendar years to retain certification.

Each person certified as a state building official must submit in writing to the commissioner an application for renewal of certification within 60 days of the last day of the third calendar year following the last certificate issued. Each application for renewal must be accompanied by proof of satisfactory completion of minimum continuing education requirements and the certification renewal fee established by the commissioner.

For persons certified prior to January 1, 1985, the first three-year period commences January 1, 1985.

Sec. 13. Minnesota Statutes 1994, section 16B.67, is amended to read:

16B.67 [APPEALS.]

A person aggrieved by the final decision of any municipality as to the application of the code, including any rules adopted under sections 471.465 to 471.469, may, within 180 days of the decision, appeal to the commissioner. Appellant shall submit a nonrefundable fee of $70, payable to the commissioner, with the request for appeal. An appeal must be heard as a contested case under chapter 14. The commissioner shall submit written findings to the parties. The party not prevailing shall pay the costs of the contested case hearing, including fees charged by the office of administrative hearings and the expense of transcript preparation. Costs under this section do not include attorney fees. Any person aggrieved by a ruling of the commissioner may appeal in accordance with chapter 14. For the purpose of this section "any person aggrieved" includes the council on disability. No fee or costs shall be required when the council on disability is the appellant.

Sec. 14. Minnesota Statutes 1994, section 16B.70, is amended to read:

16B.70 [SURCHARGE.]

Subdivision 1. [COMPUTATION.] To defray the costs of administering sections 16B.59 to 16B.73 16B.75, a surcharge is imposed on all permits issued by municipalities in connection with the construction of or addition or alteration to buildings and equipment or appurtenances after June 30, 1971, as follows:

If the fee for the permit issued is fixed in amount the surcharge is equivalent to one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other permits, the surcharge is as follows:

(1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, or alteration;

(2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths mill (.0004) of the value between $1,000,000 and $2,000,000;

(3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths mill (.0003) of the value between $2,000,000 and $3,000,000;

(4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth mill (.0002) of the value between $3,000,000 and $4,000,000;

(5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth mill (.0001) of the value between $4,000,000 and $5,000,000; and

(6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth mill (.00005) of the value that exceeds $5,000,000.

Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges must be collected by each municipality and a portion of them remitted to the state. Each municipality having a population greater than 20,000 people shall prepare and submit to the commissioner once a month a report of fees and surcharges on fees collected during the previous month but shall retain the greater of two percent or that amount collected up to $25 to apply against the administrative expenses the municipality incurs in collecting the surcharges. All other municipalities shall submit the report and surcharges on fees once a quarter but shall retain the greater of four percent or that amount collected up to $25 to apply against the administrative expenses the municipalities incur in collecting the surcharges. The report, which must be in a form prescribed by the commissioner, must be submitted together with a remittance covering the surcharges collected by the 15th day following the month or quarter in which the surcharges are collected. All surcharges and other fees prescribed by sections 16B.59 to 16B.73 16B.75, which are payable to the state, must be paid to the commissioner who shall deposit them in the state treasury for credit to the general fund.

Section 1. Minnesota Statutes 1994, section 366.10, is amended to read:

366.10 [ZONING REGULATIONS.]

The board of supervisors may submit to the legal voters of the town at an annual or special town meeting, the question whether the board shall adopt building land use and zoning regulations and restrictions in the town. The board in a town which has within its borders a hospital established in accordance with Laws 1955, chapter 227, may submit to the voters at an annual or special town meeting, the question whether the board shall adopt building land use and zoning regulations and restrictions in the town regulating the type of buildings that may be built or occupations carried on within a radius of one-half mile of the hospital.

Sec. 2. Minnesota Statutes 1994, section 366.12, is amended to read:

366.12 [REGULATIONS.]

If a majority of the voters voting on the question vote "Yes," the town board may regulate:

(1) the location, height, bulk, number of stories, size of buildings and other structures,

(2) the location of roads and schools,

(3) the percentage of lot which may be occupied,

(4) the sizes of yards and other open spaces,

(5) the density and distribution of population,

(6) the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and

(7) the uses of lands for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, or other purposes.

To carry out this section it shall issue building land use or zoning permits or approvals. It shall be unlawful to erect, establish, alter, enlarge, use, occupy, or maintain a building, structure, improvement, or premises without having a building land use or zoning permit or approval.

Before adopting a regulation under this section the board shall hold a public hearing on the matter with notice as provided in section 366.15.

This section is subject to section 366.13.

Sec. 3. Minnesota Statutes 1994, section 366.16, is amended to read:

366.16 [TOWN BUILDING ZONING COMMISSIONER.]

The town board may enforce the regulations by withholding building land use or zoning permits or approvals, building permits issued under sections 16B.59 to 16B.75, or other permits or approvals. For the purposes of sections 366.10 to 366.18, it may establish the position of town building zoning commissioner and fix its compensation. If a

building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used or any land is or is proposed to be used in violation of sections 366.10 to 366.18 or a regulation or provision enacted or adopted by the board under sections 366.10 to 366.18, the board, the attorney of the county where the town is situated, the town attorney, the town building zoning commissioner, or any adjacent or neighboring property owner may institute any appropriate action to prevent, enjoin, abate, or remove the unlawful erection, construction, reconstruction, alteration, maintenance, or use.

Sec. 4. Minnesota Statutes 1994, section 394.33, subdivision 2, is amended to read:

Subd. 2. The board of supervisors of any town which has adopted or desires to adopt building and zoning regulations and restrictions pursuant to law shall have the authority granted the governing body of any municipality as provided in section 394.32.

Sec. 5. Minnesota Statutes 1994, section 394.361, subdivision 3, is amended to read:

Subd. 3. After an official map has been adopted and filed, the issuance of building land use or zoning permits or approvals by the county shall be subject to the provisions of this section. Whenever any street or highway is widened or improved or any new street is opened, or interests in lands for other public purposes are acquired by the county, it is not required in such proceedings to pay for any building or structure placed without a permit or approval or in violation of conditions of a permit or approval within the limits of the mapped street or highway or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of official maps does not give the county any right, title or interest in areas identified for public purposes thereon, but the adoption of a map does authorize the county to acquire such interests without paying compensation for buildings or structures erected in such areas without a permit or approval or in violation of the conditions of a permit or approval. The provisions of this subdivision shall not apply to buildings or structures in existence prior to the filing of the official map.

Sec. 6. Minnesota Statutes 1994, section 462.358, subdivision 2a, is amended to read:

Subd. 2a. [TERMS OF REGULATIONS.] The standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall require that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance, and may require consistency with other official controls and the comprehensive plan. The regulations may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent with the comprehensive plan and the purposes of this section, particularly the preservation of agricultural lands. The regulations may prohibit, restrict or control development for the purpose of protecting and assuring access to direct sunlight for solar energy systems. The regulations may prohibit, restrict, or control surface, above surface, or subsurface development for the purpose of protecting subsurface areas for existing or potential mined underground space development pursuant to sections 469.135 to 469.141, and access thereto. The regulations may prohibit the issuance of building permits or approvals for any tracts, lots, or parcels for which required subdivision approval has not been obtained.

The regulations may permit the municipality to condition its approval on the construction and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, or bond in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor.

The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and equitable remedies.

Sec. 7. Minnesota Statutes 1994, section 462.358, subdivision 9, is amended to read:

Subd. 9. [UNPLATTED PARCELS.] Subdivision regulations adopted by municipalities may apply to parcels which are taken from existing parcels of record by metes and bounds descriptions, and the governing body or building authority may deny the issuance of building permits or approvals, building permits issued under sections 16B.59 to 16B.75, or other permits or approvals to any parcels so divided, pending compliance with subdivision regulations.

Sec. 8. Minnesota Statutes 1994, section 462.359, subdivision 4, is amended to read:

Subd. 4. [APPEALS.] If a land use or zoning permit or approval for a building in such location is denied, the board of appeals and adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit or approval for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit or approval is granted, and (b) that balancing the interest of the municipality in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of the property and in the benefits of ownership, the grant of such permit or approval is required by considerations of justice and equity. In addition to the notice of hearing required by section 462.354, subdivision 2, a notice shall be published in the official newspaper once at least ten days before the day of the hearing. If the board of appeals and adjustments authorizes the issuance of a permit or approval the governing body or other board or commission having jurisdiction shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the officer responsible for issuing building permits or approvals shall issue the permit or approval if the application otherwise conforms to local ordinances. The board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit or approval is granted.

Section 1. Minnesota Statutes 1994, section 16B.75, is amended to read:

16B.75 [INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS.]

The state of Minnesota ratifies and approves the following compact:

(1) The compacting states find that:

(a) Industrialized/modular buildings are constructed in factories in the various states and are a growing segment of the nation's affordable housing and commercial building stock.

(b) The regulation of industrialized/modular buildings varies from state to state and locality to locality, which creates confusion and burdens state and local building officials and the industrialized/modular building industry.

(c) Regulation by multiple jurisdictions imposes additional costs, which are ultimately borne by the owners and users of industrialized/modular buildings, restricts market access and discourages the development and incorporation of new technologies.

(2) It is the policy of each of the compacting states to:

(a) Provide the states which regulate the design and construction of industrialized/modular buildings with a program to coordinate and uniformly adopt and administer the states' rules and regulations for such buildings, all in a manner to assure interstate reciprocity.

(b) Provide to the United States Congress assurances that would preclude the need for a voluntary preemptive federal regulatory system for modular housing, as outlined in Section 572 of the Housing and Community Development Act of 1987, including development of model standards for modular housing construction, such that design and performance will insure quality, durability and safety; will be in accordance with life-cycle cost-effective energy conservation standards; all to promote the lowest total construction and operating costs over the life of such housing.

As used in this compact, unless the context clearly requires otherwise:

(1) "Commission" means the interstate industrialized/modular buildings commission.

(2) "Industrialized/modular building" means any building which is of closed construction, i.e. constructed in such a manner that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage or destruction, and which is made or assembled in manufacturing facilities, off the building site, for installation, or assembly and installation, on the building site. "Industrialized/modular building" includes, but is not limited to, modular housing which is factory-built single-family and multifamily housing (including closed wall panelized housing) and other modular, nonresidential buildings. "Industrialized/modular building" does not include any structure subject to the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974.

(3) "Interim reciprocal agreement" means a formal reciprocity agreement between a noncompacting state wherein the noncompacting state agrees that labels evidencing compliance with the model rules and regulations for industrialized/modular buildings, as authorized in Article VIII, section (9), shall be accepted by the state and its subdivisions to permit installation and use of industrialized/modular buildings. Further, the noncompacting state agrees that by legislation or regulation, and appropriate enforcement by uniform administrative procedures, the noncompacting state requires all industrialized/modular building manufacturers within that state to comply with the model rules and regulations for industrialized/modular buildings.

(4) "State" means a state of the United States, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(5) "Uniform administrative procedures" means the procedures adopted by the commission (after consideration of any recommendations from the rules development committee) which state and local officials, and other parties, in one state, will utilize to assure state and local officials, and other parties, in other states, of the substantial compliance of industrialized/modular building construction with the construction standard of requirements of such other states; to assess the adequacy of building systems; and to verify and assure the competency and performance of evaluation and inspection agencies.

(6) "Model rules and regulations for industrialized/modular buildings" means the construction standards adopted by the commission (after consideration of any recommendations from the rules development committee) which govern the design, manufacture, handling, storage, delivery and installation of industrialized/modular buildings and building components. The construction standards and any amendments thereof shall conform insofar as practicable to model building codes and referenced standards generally accepted and in use throughout the United States.

The compacting states hereby create the Interstate Industrialized/Modular Buildings Commission, hereinafter called commission. Said commission shall be a body corporate of each compacting state and an agency thereof. The commission shall have all the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states.

The commission shall be selected as follows. As each state becomes a compacting state, one resident shall be appointed as commissioner. The commissioner shall be selected by the governor of the compacting state, being designated from the state agency charged with regulating industrialized/modular buildings or, if such state agency does not exist, being designated from among those building officials with the most appropriate responsibilities in the state. The commissioner may designate another official as an alternate to act on behalf of the commissioner at commission meetings which the commissioner is unable to attend.

Each state commissioner shall be appointed, suspended, or removed and shall serve subject to and in accordance with the laws of the state which said commissioner represents; and each vacancy occurring shall be filled in accordance with the laws of the state wherein the vacancy exists.

When For every three state commissioners that have been appointed in the manner described, those state commissioners shall select one additional commissioner who shall be a representative of manufacturers of industrial- residential- or commercial-use industrialized/modular buildings. When For every six state commissioners that have been appointed in the manner described, the state commissioners shall select a second one additional commissioner who shall be a representative of consumers of industrialized/modular buildings. With each addition of three state commissioners, the state commissioners shall appoint one additional representative commissioner, alternating between a representative of manufacturers of industrialized/modular buildings and consumers of industrialized/modular buildings. The ratio between state commissioners and representative commissioners shall be three to one. In the event states withdraw from the compact or, for any other reason, the number of state commissioners is reduced, the state commissioners shall remove the last added representative commissioner as necessary to maintain a the ratio of state commissioners to representative commissioners of three to one described herein.

Upon a majority vote of the state commissioners, the state commissioners may remove, fill a vacancy created by, or replace any representative commissioner, provided that any replacement is made from the same representative group and a three to one ratio the ratio described herein is maintained. Unless provided otherwise, the representative commissioners have the same authority and responsibility as the state commissioners.

In addition, the commission may have as a member one commissioner representing the United States government if federal law authorizes such representation. Such commissioner shall not vote on matters before the commission. Such commission commissioner shall be appointed by the President of the United States, or in such other manner as may be provided by Congress.

Each commissioner (except the commissioner representing the United States government) shall be entitled to one vote on the commission. A majority of the commissioners shall constitute a quorum for the transaction of business. Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the quorum present and voting.

The commission shall elect annually, from among its members, a chairman, a vice chairman and a treasurer. The commission shall also select a secretariat, which shall provide an individual who shall serve as secretary of the commission. The commission shall fix and determine the duties and compensation of the secretariat. The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.

The commission shall adopt a seal.

The commission shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations.

The commission shall establish and maintain an office at the same location as the office maintained by the secretariat for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call additional meetings and upon the request of a majority of the commissioners of three or more of the compacting states shall call an additional meeting.

The commission annually shall make the governor and legislature of each compacting state a report covering its activities for the preceding year. Any donation or grant accepted by the commission or services borrowed shall be reported in the annual report of the commission and shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender. The commission may make additional reports as it may deem desirable.

The commission will establish such committees as it deems necessary, including, but not limited to, the following:

(1) An executive committee which functions when the full commission is not meeting, as provided in the bylaws of the commission. The executive committee will ensure that proper procedures are followed in implementing the commission's programs and in carrying out the activities of the compact. The executive committee shall be elected by vote of the commission. It shall be comprised of at least three and no more than nine commissioners, selected from those commissioners who are representatives of the governor of their respective state the state commissioners and one member of the industry commissioners and one member of the consumer commissioners.

(2) A rules development committee appointed by the commission. The committee shall be consensus-based and consist of not less than seven nor more than 21 members. Committee members will include state building regulatory officials; manufacturers of industrialized/modular buildings; private, third-party inspection agencies; and consumers. This committee may recommend procedures which state and local officials, and other parties, in one state, may utilize to assure state and local officials, and other parties, in other states, of the substantial compliance of industrialized/modular building construction with the construction standard requirements of such other states; to assess the adequacy of building systems; and to verify and assure the competency and performance of evaluation and inspection agencies. This committee may also recommend construction standards for the design, manufacture, handling, storage, delivery and installation of industrialized/modular buildings and building components. The committee will submit its recommendations to the commission, for the commission's consideration in adopting and amending the uniform administrative procedures and the model rules and regulations for industrialized/modular buildings. The committee may also review the regulatory programs of the compacting states to determine whether those programs are consistent with the uniform administrative procedures or the model rules and regulations for industrialized/modular buildings and may make recommendations concerning the states' programs to the commission. In carrying out its functions, the rules committee may conduct public hearings and otherwise solicit public input and comment.

(3) Any other advisory, coordinating or technical committees, membership on which may include private persons, public officials, associations or organizations. Such committees may consider any matter of concern to the commission.

(4) Such additional committees as the commission's bylaws may provide.

In addition to the powers conferred elsewhere in this compact, the commission shall have power to:

(1) Collect, analyze and disseminate information relating to industrialized/modular buildings.

(2) Undertake studies of existing laws, codes, rules and regulations, and administrative practices of the states relating to industrialized/modular buildings.

(3) Assist and support committees and organizations which promulgate, maintain and update model codes or recommendations for uniform administrative procedures or model rules and regulations for industrialized/modular buildings.

(4) Adopt and amend uniform administrative procedures and model rules and regulations for industrialized/modular buildings.

(5) Make recommendations to compacting states for the purpose of bringing such states' laws, codes, rules and regulations and administrative practices into conformance with the uniform administrative procedures or the model rules and regulations for industrialized/modular buildings, provided that such recommendations shall be made to the appropriate state agency with due consideration for the desirability of uniformity while also giving appropriate consideration to special circumstances which may justify variations necessary to meet unique local conditions.

(6) Assist and support the compacting states with monitoring of plan review programs and inspection programs, which will assure that the compacting states have the benefit of uniform industrialized/modular building plan review and inspection programs.

(7) Assist and support organizations which train state and local government and other program personnel in the use of uniform industrialized/modular building plan review and inspection programs.

(8) Encourage and promote coordination of state regulatory action relating to manufacturers, public or private inspection programs.

(9) Create and sell labels to be affixed to industrialized/modular building units, constructed in or regulated by compacting states, where such labels will evidence compliance with the model rules and regulations for industrialized/modular buildings, enforced in accordance with the uniform administrative procedures. The commission may use receipts from the sale of labels to help defray the operating expenses of the commission.

(10) Assist and support compacting states' investigations into and resolutions of consumer complaints which relate to industrialized/modular buildings constructed in one compacting state and sited in another compacting state.

(11) Borrow, accept or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, association, person, firm or corporation.

(12) Accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same.

(13) Establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

(14) Enter into contracts and agreements, including but not limited to, interim reciprocal agreements with noncompacting states.

The commission shall submit to the governor or designated officer or officers of each compacting state a budget of its estimated expenditures for such period as may be required by the laws of that state for presentation to the legislature thereof.

Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amounts to be appropriated by each of the compacting states. The total amount of appropriations requested under any such budget shall be apportioned among the compacting states as follows: one-half in equal shares; one-fourth among the compacting states in accordance with the ratio of their populations to the total population of the compacting states, based on the last decimal federal census; and one-fourth among the compacting states in accordance with the ratio of industrialized/modular building units manufactured in each state to the total of all units manufactured in all of the compacting states.

The commission shall not pledge the credit of any compacting state. The commission may meet any of its obligations in whole or in part with funds available to it by donations, grants, or sale of labels: provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it by donations, grants or sale of labels, the commission shall not incur any obligation prior to the allotment of funds by the compacting states adequate to meet the same.

The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the compacting states and any person authorized by the commission.

Nothing contained in this article shall be construed to prevent commission compliance relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

This compact shall enter into force when enacted into law by any three states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. The commission shall arrange for notification of all compacting states whenever there is a new enactment of the compact.

Any compacting state may withdraw from this compact by enacting a statute repealing the same. No withdrawal shall affect any liability already incurred by or chargeable to a compacting state prior to the time of such withdrawal.

If the commission determines that the standards for industrialized/modular buildings prescribed by statute, rule or regulation of compacting state are at least equal to the commission's model rules and regulations for industrialized/modular buildings, and that such state standards are enforced by the compacting state in accordance with the uniform administrative procedures, industrialized/modular buildings approved by such a compacting state shall be deemed to have been approved by all the compacting states for placement in those states in accordance with procedures prescribed by the commission.

Nothing in this compact shall be construed to:

(1) Withdraw or limit the jurisdiction of any state or local court or administrative officer or body with respect to any person, corporation or other entity or subject matter, except to the extent that such jurisdiction pursuant to this compact, is expressly conferred upon another agency or body.

(2) Supersede or limit the jurisdiction of any court of the United States.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters."

Delete the title and insert:

"A bill for an act relating to the organization and operation of state government; appropriating money for the general legislative and administrative expenses of state government; providing for the transfer of certain money in the state treasury; fixing and limiting the amount of fees, penalties, and other costs to be collected in certain cases; transferring certain duties and functions; amending Minnesota Statutes 1994, sections 3.855, by adding a subdivision; 3.98, by adding a subdivision; 3C.02, by adding a subdivision; 7.09, subdivision 1; 8.16, by adding a subdivision; 8.31, by adding a subdivision; 15.061; 15.415; 15.50, subdivision 2; 15.91, subdivision 2; 16A.11, by adding a subdivision;

16A.127, subdivision 8; 16A.129, subdivision 3; 16A.28, subdivisions 5 and 6; 16A.40; 16A.57; 16B.06, by adding a subdivision; 16B.17; 16B.19, subdivisions 2 and 10; 16B.42, subdivision 3; 16B.59; 16B.60, subdivisions 1 and 4; 16B.61, subdivisions 1, 1a, 2, and 5; 16B.63, subdivision 3; 16B.65, subdivisions 1, 3, 4, and 7; 16B.67; 16B.70; 16B.75; 16D.02, by adding a subdivision; 16D.04, subdivisions 1 and 3; 16D.06; 16D.08, subdivision 2; 115C.02, by adding a subdivision; 115C.08, subdivisions 1, 2, and 4; 116G.15; 197.05; 240.011; 240.03; 240.04; 240.155, subdivision 1; 240.24, subdivision 3; 240.28; 240A.09; 240A.10; 299L.02, subdivision 2; 349.12, subdivision 10; 349.151; 349.153; 349A.02, subdivision 1; 349A.03, by adding a subdivision; 349A.04; 349A.05; 349A.06, subdivision 2; 349A.08, subdivisions 5 and 7; 349A.10, by adding a subdivision; 349A.11; 349A.12, subdivision 4; 352.15, subdivision 3; 366.10; 366.12; 366.16; 394.33, subdivision 2; 394.361, subdivision 3; 462.358, subdivisions 2a, 2b, and 9; 462.359, subdivision 4; 465.795, subdivision 7; 465.796, subdivision 2; 465.797, subdivisions 1, 2, 3, 4, 5, and 6; 465.798; 465.799; 465.801; 465.81, subdivision 1; 465.82, subdivision 2; 465.84; 465.85; 465.87; 473.129, by adding a subdivision; 491A.01, subdivision 8; and 491A.02, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 3; 16A; 16B; 16D; 240; 240A; 349; and 465; repealing Minnesota Statutes 1994, sections 1.22; 3.841; 3.842; 3.843; 3.844; 3.845; 3.846; 3.855, subdivision 1; 3.873; 3.885; 3.887; 115C.02, subdivision 1a; 161.1419; 240.01, subdivision 4; 240.02; 240.04, subdivisions 1 and 1a; 349.12, subdivision 6; 349.151; 349.152, subdivisions 1 and 2; 349A.01, subdivision 2; 349A.02, subdivision 8; Laws 1991, chapter 235, article 5, section 3."

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.

Kalis from the Committee on Capital Investment to which was referred:

H. F. No. 1010, A bill for an act relating to governmental finance; cancellation of bond issue authorizations; clarifying reporting requirements for board of water and soil resources projects financed with bond proceeds; amending Laws 1994, chapter 643, section 26, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [CAPITAL IMPROVEMENTS APPROPRIATIONS.]

The sums in the column under "APPROPRIATIONS" are appropriated from the maximum effort school loan fund, to the state agency or officials indicated, to be spent to acquire and to better public land and buildings and other public improvements of a capital nature, as specified in this act.

EDUCATION $ 23,670,000

BOND SALE EXPENSES 25,000

TOTAL 23,695,000

Maximum Effort School Loan Fund 23,695,000

Sec. 2. EDUCATION

Subdivision 1. 23,670,000

To the commissioner of education to make capital loans to school districts as provided in Minnesota Statutes, sections 124.36 to 124.46.

Subd. 2. Big Lake

A capital loan of $9,770,000 is approved for independent school district No. 727, Big Lake. No part of this capital loan may be paid to the district until some portion of each of the loans approved in subdivisions 3 and 4 has been paid to those qualifying districts.

Subd. 3. Littlefork-Big Falls

A capital loan of $7,000,000 is approved for independent school district No. 362, Littlefork-Big Falls.

Subd. 4. Kelliher

A capital loan of $6,900,000 is approved for independent school district No. 36, Kelliher.

Subd. 5. Commissioner review

The commissioner of education shall review the proposed plan and budget of the projects approved in this section and may reduce the amount of a loan to ensure that a project will be economical. The commissioner may recover the cost incurred by the commissioner for any professional services associated with the final review by reducing the proceeds of the loan paid to a district.

Sec. 3. BOND SALE EXPENSES 25,000

To the commissioner of finance for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8.

Sec. 4. [CANCELLATIONS AND REDUCTIONS.]

Subdivision 1. [REDUCTIONS, 1987.] The appropriations in the sections, subdivisions and paragraphs, if applicable, of Laws 1987, chapter 400, that are named in this subdivision and are for the purposes named in this subdivision, are reduced by the amounts indicated.

(1) Section 2, construct judicial building, is reduced by $13,761.56.

(2) Section 3, subdivision 1, paragraph (a), asbestos removal/handicapped access, is reduced by $9,375.18.

(3) Section 3, subdivision 1, paragraph (b), restore capitol building, is reduced by $171,011.94.

(4) Section 3, subdivision 1, paragraph (g), remodel centennial building, is reduced by $283.66.

(5) Section 5, subdivision 2, paragraph (i), betterment of state trails, is reduced by $9,185.94.

(6) Section 5, subdivision 2, paragraph (a), acquisition of state parks, is reduced by $6.65.

(7) Section 5, subdivision 4, paragraph (b), Aspen recycling, is reduced by $970.69.

(8) Section 5, subdivision 4, paragraph (c), native prairie land, is reduced by $1,320.19.

(9) Section 14, subdivision 8, local bridge repair and replacement, is reduced by $11,508.

(10) Section 18, subdivision 7, plan construction and remodeling at Normandale Community College, is reduced by $13,802.78.

(11) Section 18, subdivision 8, construction at Northland community college, is reduced by $6,444.45.

(12) Section 18, subdivision 9, expand gym at North Hennepin community college, is reduced by $15,462.51.

(13) Section 18, subdivision 13, paragraph (a), community college roof repair, is reduced by $3,243.61.

(14) Section 18, subdivision 13, paragraph (c), community college facilities planning, is reduced by $115.78.

(15) Section 19, subdivision 2, paragraph (2), remodeling Sattgast Hall at Bemidji state university, is reduced by $396.40.

(16) Section 19, subdivision 3, paragraph (b), plan for addition to Trafton Hall, is reduced by $2,233.92.

(17) Section 19, subdivision 4, paragraph (b), construct regional science center at Moorhead state university, is reduced by $8,600.00.

(18) Section 19, subdivision 6, paragraph (d), construct classrooms and labs at Southwest State University, is reduced by $5,100.00.

(19) Section 19, subdivision 6, planning and land acquisition for health and applied science building at Winona state university, is reduced by $5.52.

(20) Section 20, subdivision 7, paragraph (a), remodel Green Hall, is reduced by $24,762.56.

(21) Section 20, subdivision 7, paragraph (c), remodel Amundson Hall, is reduced by $61,916.68.

(22) Section 20, subdivision 7, paragraph (f), Humphrey Center exhibit, is reduced by $472.50.

(23) Section 20, subdivision 7, paragraph (g), construct recreational sports center, is reduced by $334,352.03.

(24) Section 20, subdivision 7, paragraph (l), remodel Folwell Hall, is reduced by $40,397.22.

(25) Section 20, subdivision 7, paragraph (m), addition/remodel at Appleby Hall, is reduced by $68,565.35.

(26) Section 20, subdivision 7, paragraph (n), renovation and construction planning for Architecture building, is reduced by $208,665.78.

(27) Section 21, subdivision 2, Lino Lakes correctional facility building addition, is reduced by $387.31.

(28) Section 21, subdivision 3, Red Wing Correctional Facility boiler, is reduced by $15,237.99.

(29) Section 21, subdivision 7, correctional facility roof repair, is reduced by $1,154.69.

(30) Section 22, subdivision 4, Faribault regional treatment center electrical upgrade, is reduced by $5,203.55.

The appropriations for capital improvements at technical colleges in Laws 1987, chapter 400, section 17, are reduced by $140,000.00. The state board for technical colleges or its successor shall take this amount from projects that have unencumbered balances.

Subd. 2. [REDUCTIONS, 1989.] The appropriations in the sections, subdivisions, and paragraphs, if applicable, of Laws 1989, chapter 300, article 1, that are named in this subdivision and are for the purposes named in this subdivision, are reduced by the amounts indicated.

(1) Section 3, subdivision 2, Brainerd community college working drawings, is reduced by $293.03.

(2) Section 3, subdivision 4, Fond Du Lac center working drawings, is reduced by $1,000.00.

(3) Section 3, subdivision 10, Willmar community college working drawings, is reduced by $443.65.

(4) Section 7, paragraph (b), regional treatment center HVAC, is reduced by $30.43.

(5) Section 8, subdivision 6, correctional facility roof repair, is reduced by $106.73.

(6) Section 9, paragraph (a), health laboratory ventilation, is reduced by $0.20.

(7) Section 12, RIM resources program, is reduced by $4,128.17.

(8) Section 14, paragraph (a), handicapped access statewide, is reduced by $0.28.

(9) Section 14, paragraph (c), remodel state capitol, is reduced by $64,049.43.

Subd. 3. [REDUCTION, STATE OFFICE BUILDING ARBITRATION.] The appropriation in Laws 1989, chapter 41, section 2, for the state office building arbitration award is reduced by $54,000.00.

Subd. 4. [REDUCTIONS, 1990.] The appropriations in the sections, subdivisions, and paragraphs, if applicable, of Laws 1990, chapter 610, article 1, that are named in this subdivision and are for the purposes names in this subdivision, are reduced by the amounts indicated.

(1) Section 3, subdivision 11, renovations at Willmar community college, is reduced by $99.27.

(2) Section 4, subdivision 2, paragraph (a), rehabilitate heating plant at Bemidji state university, is reduced by $187.72.

(3) Section 7, subdivision 2, paragraph (a), Faribault academies - upgrade mechanical, is reduced by $827.52.

(4) Section 7, subdivision 2, paragraph (b), Faribault academies - science classrooms, is reduced by $73.24.

(5) Section 7, subdivision 2, paragraph (c), Faribault academies - replace windows, is reduced by $292.26.

(6) Section 7, subdivision 4, purchase facilities at Winona, is reduced by $200,000.00.

(7) Section 11, subdivision 3, paragraph (c), Lino Lakes correctional facility water and sewer, is reduced by $56.84.

(8) Section 11, subdivision 3, paragraph (d), Lino Lakes correctional facility emergency generator, is reduced by $64.30.

(9) Section 11, subdivision 4, Stillwater correctional facility, replace locks, is reduced by $6.00.

(10) Section 12, subdivision 8, remodel building at regional treatment centers for skilled nursing facilities, is reduced by $9,007,670.82.

(11) Section 14, remodel Bureau of Criminal Apprehension building, is reduced by $334.34.

(12) Section 16, subdivision 2, paragraph (b), restore Split Rock Lighthouse, is reduced by $157.99.

(13) Section 16, subdivision 2, paragraph (c), Red Lake Tribal Information Center, is reduced by $300,000.00.

(14) Section 20, subdivision 9, paragraph (a), renovate DNR field offices, is reduced by $1,018.40.

(15) Section 20, subdivision 9, paragraph (c), Lac Qui Parle visitors center, is reduced by $80,776.99.

Subd. 5. [RESCISSION OF MAXIMUM EFFORT SCHOOL.] The approval of a capital loan to independent school district No. 345, New London-Spicer, that was approved in Laws 1991, chapter 265, article 12, section 2, is rescinded.

Subd. 6. [REDUCTION, ZOOLOGICAL GARDEN.] The appropriation in Laws 1992, chapter 558, section 23, for roof and skylight replacement at the Minnesota Zoological Garden, is reduced by $5,000.

Subd. 7. [REDUCTIONS, 1994.) The appropriations in the sections and subdivisions, if applicable, of Laws 1994, chapter 643, that are named in this subdivision and are for the purposes named in this subdivision, are reduced by the amounts indicated.

(1) Section 6, defease prior local bonds, is reduced by $100,000.00.

(2) Section 14, subdivision 2, Beta dorm renovation, Minnesota Center for Arts Education, is reduced by $774,358.16.

(3) Section 14, subdivision 8, Lakeview school, is reduced by $370,000.00.

(4) Section 28, bond sale expenses, is reduced by $641.84.

Subd. 8. [BOND SALE AUTHORIZATIONS REDUCED.] The bond sale authorizations in the following laws are reduced by the amounts indicated.

(1) Laws 1987, chapter 400, section 25, subdivision 1, is reduced by $265,000.

(2) Laws 1987, chapter 400, section 25, subdivision 3, is reduced by $10,000.

(3) Laws 1989, chapter 41, section 3, is reduced by $54,000.

(4) Laws 1989, chapter 300, article 1, section 23, subdivision 1, is reduced by $65,000.

(5) Laws 1990, chapter 610, article 1, section 30, subdivision 1, is reduced by $9,590,000.

(6) Laws 1991, chapter 265, article 12, section 1, is reduced by $6,610,000. This amount includes $36,973 allocated for bond sale expenses.

(7) Laws 1992, chapter 558, section 28, subdivision 1, is reduced by $5,000.

(8) Laws 1994, chapter 643, section 31, subdivision 1, is reduced by $1,245,000.

Sec. 5. [BOND SALE.]

To provide the money appropriated by this act from the maximum effort school loan fund, the commissioner of finance, on request of the governor, shall sell and issue bonds of the state in an amount up to $23,695,000 in the manner, on the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.641 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except accrued interest and any premium received on the sale of the bonds, must be credited to a bond proceeds account in the maximum effort school loan fund.

Sec. 6. [16A.642] [CANCELLATION OF BOND AUTHORIZATIONS BY COMMISSIONER OF FINANCE.]

If the commissioner determines that the purposes for which general obligation bonds of the state have been issued are accomplished or abandoned, after consultation with the affected agencies, and there is a remaining authorization for a specific project of $500 or less, the commissioner may cancel the remaining authorization for that project. The commissioner must notify the chairs of the senate finance committee and the house capital investment committee of any bond authorizations canceled under this section.

Sec. 7. [16A.6421] [PERIODIC REPORTS ON THE STATUS OF AUTHORIZED AND OUTSTANDING STATE BONDS.]

The commissioner of finance shall report to the legislature, by February 1 of each even-numbered year, on the following:

(1) all state building projects for which bonds have been authorized and issued by a law enacted more than seven years before February 1 of each even-numbered year and of which 20 percent or less of a project's authorization has been encumbered or otherwise obligated for the purpose stated in the law authorizing the issue; and

(2) all state bonds authorized and issued for purposes other than building projects reported under clause (1), by a law enacted more than seven years before February 1 of each even-numbered year, and the amount of any balance that is unencumbered or otherwise not obligated for the purpose stated in the law authorizing the issue.

The commissioner shall also report on bond authorizations or bond proceed balances that may be canceled because projects have been canceled, completed, or otherwise concluded, or because the purposes for which the bonds were authorized or issued have been canceled, completed, or otherwise concluded. Except in regard to building projects where the state, a state agency, or the University of Minnesota is the owner of the building, the bond authorizations or bond proceed balances that are unencumbered or otherwise not obligated that are reported by the commissioner under this section are canceled, effective July 1 of the year of the report, unless specifically reauthorized by act of the legislature.

Sec. 8. Minnesota Statutes 1994, section 16A.672, is amended by adding a subdivision to read:

Subd. 12. [EXCHANGE LISTING.] The commissioner may provide for listing of any bonds or certificates of indebtedness on an exchange or similar arrangement to facilitate their sale and exchange in the secondary market.

Sec. 9. [16A.673] [CONTINUING DISCLOSURE AGREEMENTS.]

The commissioner of finance and any other officer of a state department or state agency charged with the responsibility of issuing bonds for or on behalf of the state department or agency, is authorized to enter into written agreements or contracts relating to the continuing disclosure of information necessary to comply with, or facilitate the issuance of bonds in accordance with, federal securities laws, rules and regulations, including securities and exchange commission rules and regulations, section 240.15c2-12. An agreement may comprise covenants with purchasers and holders of bonds set forth in the order or resolution authorizing the issuance of the bonds, or a separate document authorized by the order or resolution.

Sec. 10. Minnesota Statutes 1994, section 16B.24, is amended by adding a subdivision to read:

Subd. 3a. [SALE OF REAL PROPERTY.] By February 1 of each year, the commissioner shall report to the legislature all sales or other transfers of real property owned by the state that have taken place in the preceding calendar year. The report shall include a description of the property, reason for the sale, the name of the buyer, and the price for which the property was sold. Sales of easements need not be included. This subdivision does not apply to real property held by the department of natural resources, the department of transportation, or the board of soil and water resources, except for real property that has been used for office space by any of those agencies. This subdivision does not apply to property owned by the higher education board or the University of Minnesota.

Sec. 11. Minnesota Statutes 1994, section 16B.335, subdivision 1, is amended to read:

Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] The commissioner, or any other recipient to whom an appropriation is made to acquire or better public lands or buildings or other public improvements of a capital nature, must not prepare final plans and specifications for any construction, major remodeling, or land acquisition in anticipation of which the appropriation was made until the agency that will use the project has presented the program plan and cost estimates for all elements necessary to complete the project to the chair of the senate finance committee, the chair of the house capital investment committee, and the chair of the house ways and means committee and the chairs have made their recommendations. "Construction or major remodeling" means construction of a new building or substantial alteration of the exterior dimensions or interior configuration of an existing building. The presentation must note any significant changes in the work that will be done, or in its cost, since the appropriation for the project was enacted. The program plans and estimates must be presented for review at least two weeks before a recommendation is needed. The recommendations are advisory only. Failure or refusal to make a recommendation is considered a negative recommendation. The chairs of the senate finance committee, the house capital investment committee, and the house ways and means committee must also be notified whenever there is a substantial change in a construction or major remodeling project, or in its cost.

Sec. 12. Minnesota Statutes 1994, section 16B.335, subdivision 2, is amended to read:

Subd. 2. [OTHER PROJECTS.] All other capital projects for which a specific appropriation is made must not proceed until the recipient undertaking the project has notified the chair of the senate finance committee, the chair of the house capital investment committee, and the chair of the house ways and means committee that the work is ready to begin. Notice is not required for capital projects needed to comply with the Americans with Disabilities Act or funded by an agency's operating budget or by a capital asset preservation and replacement account under section 16A.632, or a higher education capital asset preservation and renewal account under section 135A.046.

Sec. 13. Minnesota Statutes 1994, section 16B.335, subdivision 5, is amended to read:

Subd. 5. [INFORMATION TECHNOLOGY.] Agency requests for construction and remodeling funds shall include money for cost-effective information technology investments that would enable an agency to reduce its need for office space, provide more of its services electronically, and decentralize its operations. The information policy office must review and approve the information technology portion of construction and major remodeling program plans before the plans are submitted to the chairs of the senate finance committee and the house of representatives capital investment committee and ways and means committee for their recommendations as required by subdivision 1.

Sec. 14. Minnesota Statutes 1994, section 446A.12, subdivision 1, is amended to read:

Subdivision 1. [BONDING AUTHORITY.] The authority may issue negotiable bonds in a principal amount that the authority determines necessary to provide sufficient funds for achieving its purposes, including the making of loans and purchase of securities, the payment of interest on bonds of the authority, the establishment of reserves to

secure its bonds, the payment of fees to a third party providing credit enhancement, and the payment of all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers, but not including the making of grants. Bonds of the authority may be issued as bonds or notes or in any other form authorized by law. The principal amount of bonds issued and outstanding under this section at any time may not exceed $350,000,000 $450,000,000.

Sec. 15. Laws 1994, chapter 643, section 21, subdivision 4, is amended to read:

Subd. 4. Tourism and Exposition Centers 2,200,000

For two grants to political subdivisions for exhibition space for tourism and exposition centers. One grant must be for $1,000,000 to the southwest regional development commission for the Prairieland Expo facility to develop construction planning documents for capital improvements, and to acquire land for the facility. This grant is subject to new Minnesota Statutes, section 16A.695. It is the legislature's expectation that the commission will secure a grant from the department of transportation's intermodal surface transportation efficiency act funds. The other grant must be for capital improvements for a publicly owned tourism and exposition center selected by the commissioner and located in northeastern Minnesota.

Sec. 16. Laws 1994, chapter 643, section 26, subdivision 4, is amended to read:

Subd. 4. Work Program

The board of water and soil resources must submit a work program and semiannual progress reports in the form determined by the legislative water commission and request its recommendation before spending any money appropriated by subdivisions 4 2 and 5 3. The commission's recommendation is advisory only. Failure to respond to a request within 60 days after receipt is a negative recommendation. Work programs involving land acquisition must include a land acquisition plan.

Sec. 17. [ENVIRONMENTAL LEARNING CENTERS.]

Notwithstanding the requirement in Laws 1994, chapter 643, section 23, subdivision 28, that appropriations in paragraphs (a) to (e) of that subdivision are available only when the commissioner of natural resources has determined that matching money in the sum of $17,500,000 has been committed from nonstate sources, $3,750,000 of the appropriation is available for paragraphs (a) to (e) when it is matched in the sum of $8,750,000 by nonstate sources.

Sec. 18. [COMMUNITY COLLEGE IMPROVEMENTS.]

Subdivision 1. [NORMANDALE COMMUNITY COLLEGE PARKING FACILITIES.] The state board for community colleges or its successor may construct, improve, operate, and maintain parking facilities for the use and benefit of Normandale Community College. The board shall supervise the construction process as provided under Minnesota Statutes, section 136E.692. The higher education facilities authority may issue revenue bonds or other financial instruments for the facilities under Minnesota Statutes, sections 136A.25 to 136A.42, and the state board for community colleges or its successor may borrow the proceeds of the revenue bonds or other financial instruments to finance the construction of parking spaces and replacement of the west lot not to exceed $4,200,000. The board may enter into agreements and pledge revenues of the facilities as may be necessary to provide security for the bonds and may mortgage the financed facilities to the higher education facilities authority or to a trustee for the bondholders if considered necessary by the board or the authority for the successful marketing of the bonds. The board shall establish, maintain, revise when necessary, and collect rates and charges for the use of the parking facilities. The rates and charges must be sufficient, as estimated by the board, to pay all expenses of operation and maintenance of the facilities, to pay principal of, and interest on, revenue bonds or other obligations or instruments when due, and to pay customary fees and charges of the higher education facilities authority and to establish and maintain the reserve funds that the board considers necessary for repair, replacement, and maintenance of the facilities. Funds and

accounts established in furtherance of these purposes are not subject to the budgetary control of the commissioner of finance. The board shall never be obligated to use other revenues of the board or funds of the state to pay the costs of construction, operation, maintenance, and repair of the parking facilities or to pay principal of and interest or obligations issued for these purposes.

Subd. 2. [COMMUNITY COLLEGE PARKING IMPROVEMENTS.] State appropriations for repair or construction of parking facilities must not be used for more than one-half of the repair or construction cost of a parking facility at any community college campus. The campus must provide the remaining costs through user fees. By January 1, 1996, the state board for community colleges or its successor must develop and implement a plan to finance all repair and construction costs for parking facilities with user fees. The plan must be reported to the legislature by February 1, 1996.

Sec. 19. [MANKATO STATE.]

Mankato State University may sell to the city of Mankato for fair market value approximately 2.66 acres of land in the area of Warren Street, Stadium Road, and Hiniker Mill Road for use as a detention basin. The university may also grant the city of Mankato a permanent utility easement in order to provide the city access to the basin.

Sec. 20. [REPEALER.]

Laws 1991, chapter 265, article 5, section 23, as amended by Laws 1992, chapter 499, article 5, section 25, is repealed.

Sec. 21. [EFFECTIVE DATE.]

Sections 1 to 7 and 9 to 21 are effective the day following final enactment. Section 8 is effective the day following final enactment and applies to state bonds and certificates of indebtedness, regardless of whether they were issued on, before, or after that date."

Delete the title and insert:

"A bill for an act relating to public administration; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; approving capital loans to independent school district Nos. 727, Big Lake, 362, Little Fork-Big Falls, and 36, Kelliher; authorizing issuance of bonds; reducing appropriations; reducing bond authorization; authorizing the commissioner of finance to cancel certain bond authorizations; authorizing the listing of state bonds or certificates of indebtedness on an exchange; providing for periodic review and cancellation of bond authorizations older than seven years; requiring reports of sale of certain state real property; appropriating money with certain conditions; amending Minnesota Statutes 1994, sections 16A.672, by adding a subdivision; 16B.24, by adding a subdivision; 16B.335, subdivisions 1, 2, and 5; and 446A.12, subdivision 1; Laws 1994, chapter 643, sections 21, subdivision 4; and 26, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Laws 1991, chapter 265, article 5, section 23, as amended."

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

The report was adopted.

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

H. F. No. 1473, A bill for an act relating to privacy; providing for the classification of and access to government data; clarifying data provisions; providing for the protection of state agency intellectual property; conforming provisions dealing with financial assistance data; recodifying statutes on crime of domestic assault; providing for an information policy training program; prescribing penalties; appropriating money; amending Minnesota Statutes 1994, sections 13.03, subdivision 6; 13.04, subdivision 3; 13.06, subdivision 6; 13.10, subdivision 5; 13.32, subdivision 2; 13.43, subdivisions 2, 5, and by adding a subdivision; 13.46, subdivision 2; 13.49; 13.50, subdivision 2; 13.531; 13.551; 13.62; 13.643; 13.671; 13.69, subdivision 1; 13.761; 13.77; 13.78; 13.79; 13.793; 13.82, subdivisions 3a, 5, 6, 10, and by adding subdivisions; 13.83, subdivision 2; 13.89, subdivision 1; 13.90; 13.99, subdivisions 1, 12, 20, 21a, 42a, 54, 55, 60, 64, 78, 79, 112, and by adding subdivisions; 17.117, subdivision 12; 41.63; 41B.211; 116O.03, subdivision 7; 116S.02, subdivision 8; 144.0721, subdivision 2; 144.225, by adding a subdivision; 144.335, subdivision 2; 144.3351; 144.651, subdivisions 21 and 26; 148B.68, subdivision 1; 171.07, subdivision 1a; 171.12, subdivision 3; 182.659, subdivision 8,

and by adding a subdivision; 253B.02, subdivision 4a; 253B.03, subdivisions 3 and 4; 259.10; 260.015, subdivision 28; 260.161, subdivision 1b; 268.0122, by adding a subdivision; 268.0124; 270B.02, subdivision 3; 270B.14, subdivision 1; 299C.11; 299C.61, subdivision 4; 336.9-407; 336.9-411; 363.061, subdivision 2; 446A.11, subdivision 11; 518B.01, subdivision 14; 595.02, subdivision 1; 609.101, subdivision 2; 609.131, subdivision 2; 609.135, subdivisions 2 and 5a; 609.1352, subdivision 3; 609.185; 609.224, subdivisions 2 and 3; 609.268, subdivision 1; 609.748, subdivision 6; 609.749, subdivisions 4 and 5; 611A.031; 624.713, subdivision 1; 626.563, subdivision 1; 629.471, subdivision 3; 629.74; 630.36, subdivision 2; and 631.046, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 270B; 609; and 611A; repealing Minnesota Statutes 1994, sections 13.38, subdivision 4; 13.69, subdivision 2; and 13.71, subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17; Laws 1990, chapter 566, section 9, as amended; and Laws 1994, chapter 618, article 1, section 47.

Reported the same back with the following amendments:

Page 11, line 12, delete "relating to" and insert "including"

Page 19, after line 16, insert:

"Sec. 30. Minnesota Statutes 1994, section 128C.17, is amended to read:

128C.17 [LEAGUE IS SUBJECT TO DATA PRACTICES ACT.]

The collection, creation, receipt, maintenance, dissemination, or use of information by the state high school league is subject to chapter 13. The league must make data relating to its eligibility determinations available to the public in the form of summary data, with all personal identifiers removed."

Page 43, line 24, delete "45, 46, 47, 50, 51, and 55" and insert "46, 47, 48, 51, 52, and 56"

Page 43, line 26, delete "48" and insert "49"

Renumber the sections in article 1 in sequence

Amend the title as follows:

Page 1, line 22, after the second semicolon, insert "128C.17;"

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.

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

H. F. No. 1524, A bill for an act relating to state government; asking state employees to submit suggestions to improve the efficiency and effectiveness of state government.

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

The report was adopted.

Carruthers from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 1623, A bill for an act relating to the legislature; requiring a study of the timing, length, schedule, and calendar of legislative sessions.

Reported the same back with the following amendments:

Page 1, line 13, delete "committees" and insert "committee"

Page 1, lines 13 and 14, delete "and governmental operations"

Page 1, line 14, delete "committees" and insert "committee"

Page 1, line 15, delete "and governmental operations and veterans"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1710, A bill for an act relating to employment; establishing and modifying certain salary limits; amending Minnesota Statutes 1994, sections 3.855, subdivision 3; 15A.083, subdivisions 5, 6a, and 7; and 43A.17, subdivisions 1, 3, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 15A; repealing Minnesota Statutes 1994, sections 15A.081, subdivisions 1, 7, and 7b; and 43A.18, subdivision 5.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 3.855, subdivision 3, is amended to read:

Subd. 3. [OTHER SALARIES AND COMPENSATION PLANS.] The commission shall also:

(a) review and approve, reject, or modify a plan for compensation, terms and conditions of employment prepared and submitted by the commissioner of employee relations under section 43A.18, subdivision 2, covering all state employees who are not represented by an exclusive bargaining representative and whose compensation is not provided for by chapter 43A or other law;

(b) review and approve, reject or modify a plan for total compensation and terms and conditions of employment for employees in positions identified as being managerial under section 43A.18, subdivision 3, whose salaries and benefits are not otherwise provided for in law or other plans established under chapter 43A;

(c) review and approve, reject or modify recommendations for salaries submitted by the governor under section 43A.18, subdivision 5, covering agency head positions listed in section 15A.081 under section 15A.0815;

(d) review and approve, reject, or modify recommendations for salaries of officials of higher education systems under section 15A.081, subdivision 7b; and

(e) (d) review and approve, reject, or modify plans for compensation, terms, and conditions of employment proposed under section 43A.18, subdivision 4.; and

(e) review and approve, reject, or modify recommendations of the commissioner of employee relations for increasing salary rates under section 43A.17, subdivision 3a.

Sec. 2. [15A.0816] [CERTIFICATION OF LOWEST PERCENTAGE INCREASE.]

By July 1 of each year, the commissioner of employee relations shall certify the lowest across the board percentage increase in a collective bargaining agreement or arbitration award for state employees for the fiscal year that ended on that June 30. The salaries of all officials listed in section 15A.081, subdivision 1, is increased by the percentage increase certified by the commissioner, effective on July 1 of the year the commissioner makes the certification.

Sec. 3. Minnesota Statutes 1994, section 15A.083, subdivision 5, is amended to read:

Subd. 5. [TAX COURT.] Salaries of judges of the tax court are the same as the base salary for district judges as set under section 15A.082, subdivision 3.

Sec. 4. Minnesota Statutes 1994, section 43A.17, subdivision 1, is amended to read:

Subdivision 1. [SALARY LIMITS.] As used in subdivisions 1 to 9, "salary" means hourly, monthly, or annual rate of pay including any lump-sum payments and cost-of-living adjustment increases but excluding payments due to overtime worked, shift or equipment differentials, work out of class as required by collective bargaining agreements or plans established under section 43A.18, and back pay on reallocation or other payments related to the hours or conditions under which work is performed rather than to the salary range or rate to which a class is assigned. For presidents of state universities, "salary" does not include a housing allowance provided through a compensation plan approved under section 43A.18, subdivision 3a.

The salary, as established in section 15A.081, of the head of a state agency in the executive branch is the upper limit of compensation the salaries of individual employees in the agency. The salary of the commissioner of labor and industry is the upper limit of compensation salaries of employees in the bureau of mediation services. However, if an agency head is assigned a salary that is lower than the current salary of another agency employee, the employee retains the salary, but may not receive an increase in salary as long as the salary is above that of the agency head. The commissioner may grant exemptions from these upper limits as provided in subdivisions 3 3a and 4.

Sec. 5. Minnesota Statutes 1994, section 43A.17, subdivision 3, is amended to read:

Subd. 3. [UNUSUAL EMPLOYMENT SITUATIONS.] Upon the request of the appointing authority, and when the commissioner determines that changes in employment situations create difficulties in attracting or retaining employees, the commissioner may approve an unusual employment situation increase to advance an employee within the compensation plan. Such action will be consistent with applicable provisions of collective bargaining agreements or plans pursuant to section 43A.18. The commissioner shall review each proposal giving due consideration to salary rates paid to other employees in the same class and agency and may approve any request which in the commissioner's judgment is in the best interest of the state. If the commissioner determines that the position requires special expertise necessitating a higher salary to attract or retain qualified persons, the commissioner may grant an exemption not to exceed 120 percent of the base salary of the head of the agency.

Sec. 6. Minnesota Statutes 1994, section 43A.17, is amended by adding a subdivision to read:

Subd. 3a. [SALARY LIMIT WAIVERS.] The commissioner may increase the limitation for a position that the commissioner has determined requires special expertise necessitating a higher salary to attract or retain a qualified person. The commissioner shall review each proposed increase giving due consideration to salary rates paid to other persons with similar responsibilities in the state and nation. The commissioner may not increase the limitation until the increase has been approved by the legislative commission on employee relations and the full legislature under section 3.855, subdivisions 2 and 3.

Sec. 7. [COMPENSATION COUNCIL RECOMMENDATIONS.]

Subdivision 1. The salaries of constitutional officers, judges, and legislators are increased on January 6, 1997, by the lesser of: (1) the April 1, 1995, recommendation of the compensation council to take effect in 1997; or (2) the lowest across the board increase for fiscal year 1996 included in a collective bargaining agreement or arbitration award for state employees that has been ratified by the full legislature in 1996. The commissioner of employee relations must certify the across the board increases included in each contract or arbitration award as it is presented to the legislative commission on employee relations.

The salaries of constitutional officers, judges, and legislators are increased on January 1, 1998, by the lesser of: (1) the April 1, 1995, recommendation of the compensation council to take effect in 1998; or (2) the lowest across the board increase for fiscal year 1997 included in a collective bargaining agreement or arbitration award for state employees that has been ratified by the full legislature in 1996. The commissioner of employee relations must certify the across the board increases included in each contract or arbitration award as it is presented to the legislative commission on employee relations.

The recommendation dated April 1, 1995, of the compensation council regarding salary increases to take effect on January 1, 1996, is not adopted.

Subd. 2. (a) Notwithstanding any law to the contrary, the salaries of administrative law judges, including the chief administrative law judge, employed by the office of administrative hearings, judges of the workers' compensation court of appeals, and compensation judges whose salaries are set under Minnesota Statutes, section 15A.083, subdivision 7, shall be increased as provided in this subdivision.

(b) On January 6, 1997, salaries of officials specified in paragraph (a) are increased by the lowest across the board increase for fiscal year 1996 included in a collective bargaining agreement or arbitration award for state employees that has been ratified by the full legislature in 1996.

(c) On January 1, 1998, salaries of officials specified in paragraph (a) are increased by the lowest across the board increase for fiscal year 1997 included in a collective bargaining agreement or arbitration award for state employees that has been ratified by the full legislature in 1996.

(d) The commissioner of employee relations must certify the across the board increases included in each contract or arbitration award as it is presented to the legislative commission on employee relations.

Sec. 8. [REPEALER.]

Minnesota Statutes 1994, section 43A.18, subdivision 5, is repealed.

Sec. 9. [EFFECTIVE DATE.]

Section 2 is effective the day following final enactment. The commissioner shall make a certification before July 1, 1995, based on increases in fiscal year 1995, and salary increases for officials listed in Minnesota Statutes, section 15A.081, subdivision 1, shall take effect July 1, 1995."

Delete the title and insert:

"A bill for an act relating to employment; establishing and modifying certain salary limits; amending Minnesota Statutes 1994, sections 3.855, subdivision 3; 15A.083, subdivision 5; and 43A.17, subdivisions 1, 3, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 15A; repealing Minnesota Statutes 1994, section 43A.18, subdivision 5."

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.

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

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).

Reported the same back with the following amendments:

Page 80, delete section 58

Page 82, line 12, delete "60" and insert "59"

Page 83, line 3, delete "60" and insert "59"

Renumber the remaining sections

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 127, A bill for an act relating to state lands; authorizing the conveyance of certain tax-forfeited land that borders public water or natural wetlands in Hennepin county.

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

The report was adopted.

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

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 to the unofficial engrossment:

Page 4, after line 29, insert:

"The commissioner and metropolitan and regional planning organizations shall increase efforts to assist owners of commercial navigation facilities as defined in Minnesota Statutes, section 457A.01, subdivision 2, to seek federal ISTEA funds for port development."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. Nos. 575, 1000, 1524, 1623 and 1856 were read for the second time.

S. F. Nos. 1134, 127 and 1536 were read for the second time.

The following House Files were introduced:

Johnson, A.; Kalis; Peterson; Luther and Leighton introduced:

H. F. No. 1861, 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.

Carlson, Kelley, Munger, Jaros and Pelowski introduced:

H. F. No. 1862, 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.

Munger, Wagenius, Hausman, Ozment and Leppik introduced:

H. F. No. 1863, A resolution relating to the 25th anniversary of Earth Day.

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

The following House Advisory was introduced:

Wejcman introduced:

H. A. No. 11, A proposal to study community pharmacies.

The advisory was referred to the Committee on Health and Human Services.

The following messages were received from the Senate:

Mr. Speaker:

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

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

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 464, A bill for an act relating to motor vehicles; limiting license plate impoundment provisions to self-propelled motor vehicles; amending Minnesota Statutes 1994, sections 168.041, subdivisions 1, 2, and 3; and 168.042, subdivisions 2, 3, 5, 13, and 14.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 821, A resolution memorializing Congress to fund the Amtrak system to enable it to continue to serve Minnesota.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

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

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

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

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 1645, A bill for an act relating to commerce; specifying kinds of wood for certain exterior construction applications; amending Minnesota Statutes 1994, section 16B.61, subdivision 3.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 16, A bill for an act relating to health; modifying provisions relating to the administration and prescription of neuroleptic medications; changing the name of a court in certain circumstances; amending Minnesota Statutes 1994, sections 13.42, subdivision 3; 253B.03, subdivisions 6b and 6c; 253B.05, subdivisions 2 and 3; 253B.12, subdivision 1; and 253B.17, subdivision 1.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Mr. Betzold, Ms. Kiscaden and Mr. Finn.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Dawkins moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 16. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 155, A bill for an act relating to wild animals; authorizing poultry farmers to trap great horned owls; amending Minnesota Statutes 1994, section 97B.705.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Stumpf, Morse and Frederickson.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Tunheim moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 155. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 188, A bill for an act relating to appropriations; permitting use of appropriation to relocate athletic fields and facilities at Brainerd Technical College; authorizing additional design and construction of space at certain community college campuses; requiring plans to provide for joint use of space with certain technical colleges and state universities; authorizing additional construction using nonstate resources; amending Laws 1992, chapter 558, section 2, subdivision 3; and Laws 1994, chapter 643, section 11, subdivisions 6, 8, 10, and 11.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Samuelson, Stumpf and Laidig.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Hasskamp moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 188. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 224, A bill for an act relating to motor vehicles; providing for biennial payment of tax on certain towed recreational vehicles and trailers; amending Minnesota Statutes 1994, section 168.013, subdivisions 1d and 1g.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Mr. Samuelson, Ms. Lesewski and Mr. Langseth.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Wenzel moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 224. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 257, A bill for an act relating to soil and water conservation district boards; providing that the office of soil and water conservation district supervisor is compatible with certain city and town offices; amending Minnesota Statutes 1994, sections 103C.315, by adding a subdivision; and 204B.06, subdivision 1.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Morse, Laidig and Sams.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Pelowski moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 257. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 281, A bill for an act relating to metropolitan government; clarifying language and changing obsolete references; amending Minnesota Statutes 1994, sections 275.066; 473.121, subdivision 11; 473.13, subdivisions 1 and 2; 473.164, subdivision 3; 473.375, subdivisions 9 and 13; 473.385, subdivision 2; 473.386, subdivisions 1, 2, and 5; 473.388, subdivision 4; 473.39, subdivision 1b; 473.446, subdivision 8; 473.448; 473.505; 473.595, subdivision 3; and Laws 1994, chapter 628, article 2, section 5; repealing Minnesota Statues 1994, section 473.394.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Ms. Flynn, Mr. Mondale and Mrs. Pariseau.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Orfield moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 281. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

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

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Mr. Marty, Ms. Ranum and Mr. Knutson.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Skoglund moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 308. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 375, A bill for an act relating to energy; adding pumped hydropower to the list of preferred alternative energy sources; providing for incentive payments to pumped hydropower facilities; amending Minnesota Statutes 1994, sections 216C.051, subdivision 7; and 216C.41, subdivision 1.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Lessard, Novak and Frederickson.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Solberg moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 375. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 381, A bill for an act relating to the military; providing greater flexibility in appointment of members of the armory building commission; authorizing the state armory building commission to use funds for construction; clarifying which municipalities may provide sites for armories; changing provisions for disposal of unused armory

sites; clarifying authority for levying taxes for armory construction; clarifying the authority for conveyance of armories to the state; amending Minnesota Statutes 1994, sections 193.142, subdivisions 1, 2, and 3; 193.143; 193.144, subdivisions 1, 2, and 6; 193.145, subdivisions 2, 4, and 5; and 193.148.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Betzold, Metzen and Kleis.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

McCollum moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 381. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 965, A bill for an act relating to transportation; authorizing issuance of permits for 12-foot wide loads of baled straw; changing classification and endorsement requirements to operate a vehicle carrying liquid fertilizer; amending Minnesota Statutes 1994, sections 169.851, subdivision 1; 169.862; and 171.02, subdivision 2a.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Langseth, Vickerman and Dille.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Dauner moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 965. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 1520, A bill for an act relating to the environment; extending the notification requirements for landfarming contaminated soil; amending Minnesota Statutes 1994, section 116.07, subdivision 11.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Lessard, Chandler and Mrs. Pariseau.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Bakk moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1520. The motion prevailed.

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

Garcia moved to amend H. F. No. 1056, the second engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 473.375, is amended by adding a subdivision to read:

Subd. 19. [ROUTE OR SCHEDULE CHANGE.] The council, or the operator or local government unit with which it has contracted, shall consult with representatives of affected municipalities and neighborhoods before changing existing transit routes or schedules or implementing new routes or schedules.

Sec. 2. Minnesota Statutes 1994, section 473.375, is amended by adding a subdivision to read:

Subd. 20. [ROUTE AND SCHEDULE PLANNING AND REVIEW.] The council shall select a minimum of five metropolitan area municipalities or organized neighborhood groups each year to participate in a community route and schedule planning and review project. The council, or the operator or local unit with which it has contracted, shall review existing transit services within the selected municipalities or neighborhoods and identify any changes necessary to meet the transit needs of the municipalities or neighborhoods and achieve the transit program goals in section 473.371, subdivision 2. The council may implement the identified changes or other services requested by the municipalities or neighborhoods.

Sec. 3. [473.381] [TRANSIT SERVICES COORDINATION STUDY.]

The metropolitan council may conduct a preliminary study of certain transit services provided within the metropolitan area, as defined in section 473.121, subdivision 2, in order to advise the legislature concerning possible improvements in transit services coordination. The study may include, but is not limited to:

(1) an identification of all transit services provided in the metropolitan area by state agencies, counties, metropolitan agencies, local government units, school districts, and nonprofit organizations for health, human services or social services, employment, or education purposes;

(2) a characterization and count of the users of each type of identified transit service;

(3) an analysis of the cost, funding source, and revenue for each type of transit service;

(4) recommendations concerning combining, coordinating, or centralizing identified transit services relating to health, human services or social services, and employment to achieve greater efficiency or cost effectiveness;

(5) recommendations concerning combining, coordinating, or centralizing identified transit services relating to education to achieve greater efficiency or cost effectiveness;

(6) an assessment of the feasibility of combining special transportation in the metropolitan area, as defined in section 473.386, with identified transit services and specifically with special education transportation;

(7) recommendations concerning providing greater access to regular route transit for the handicapped and elderly;

(8) an estimate of cost and proposed sources of funding for any recommended transit coordination; and

(9) recommendations and cost estimates concerning possible demonstration projects to test the efficacy of coordinated transit services.

The council may submit a written report of the results of the study to the transportation and public transit committees of the legislature.

Sec. 4. [473.395] [ELECTRIC VEHICLE TECHNOLOGY.]

The council shall monitor development of electric vehicle technology and shall make a preliminary assessment of the applicability of electric vehicle transportation to transit in the metropolitan area. The council shall submit a written report of its assessment to the legislature no later than February 1, 1996.

Sec. 5. Minnesota Statutes 1994, section 473.408, is amended by adding a subdivision to read:

Subd. 8. [FREE BUS PASSES.] The council may offer free one-month passes for regular route bus service to students in grades 5 to 8 who complete study of a transit curriculum. The transit curriculum shall encourage personal use of transit and increase awareness of the value and availability of transit services. The number of free one-month passes shall not exceed one per child per year.

Sec. 6. [APPLICATION.]

Sections 1 to 5 apply to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Garcia, Kalis and Marko moved to amend H. F. No. 1056, the second engrossment, as amended, as follows:

Page 1, after line 3, insert:

"Section 1. [221.0261] [QUALIFICATIONS OF DRIVERS.]

Subdivision 1. [PART 391 INCORPORATED.] Code of Federal Regulations, title 49, part 391 and appendixes C, D, and E, are incorporated by reference except for sections 391.2; 391.11, paragraph (b)(1); 391.47; 391.49; 391.67 to 391.71; those sections incorporated in section 221.0268, subdivision 4; and cross references to sections that are not incorporated by reference.

Subd. 2. [WAIVER FOR PHYSICAL DEFECTS.] (a) A person who is not physically qualified to drive under subdivision 1, but who meets the other qualifications in subdivision 1, may drive a motor vehicle if the commissioner grants a waiver to that person. The commissioner may grant a waiver to a person who is not physically qualified to drive under Code of Federal Regulations, title 49, section 391.41, paragraph (b)(1) or (b)(2) according to rules adopted under section 221.031.

(b) The commissioner may grant a waiver to a person who is not physically qualified to drive under Code of Federal Regulations, title 49, section 391.41, paragraphs (b)(3) to (b)(13) for medical conditions for which waiver programs have been established by the United States Department of Transportation. Except as required in paragraphs (c) to (f), the commissioner shall require the same information and follow the same procedure as the United States Department of Transportation in granting the waivers. The commissioner may continue to grant waivers under this paragraph and paragraphs (c) to (f) after the United States Department of Transportation has discontinued its waiver program for a specific medical condition if the commissioner determines that the waiver program is consistent with the safe operation of motor vehicles.

(c) Despite federal requirements, the commissioner may grant a waiver to a person who does not have three years' experience in operating a commercial motor vehicle.

(d) Despite federal requirements, a person who has been initially examined by a board-certified endocrinologist and who has been granted a waiver for a diabetic condition may be regularly examined by the person's treating physician every six months from the date a waiver is granted.

(e) Despite federal requirements, the commissioner may grant a waiver to a person who requires insulin for controlling diabetes but who has not been using insulin for the three years preceding a waiver application if the applicant, in addition to the information required by paragraph (b), submits a statement from a board-certified endocrinologist that includes:

(1) the date and a description of each episode experienced by the person during the three years preceding a waiver application that involved a loss of consciousness or voluntary control due to hypoglycemia or hyperglycemia;

(2) the person's prognosis for control of the diabetes; and

(3) the endocrinologist's professional opinion about whether the person is medically qualified to exercise reasonable and ordinary control over a commercial motor vehicle on the public highways.

(f) A person who is granted a waiver after submitting the information required in paragraph (e) must, in addition, submit a statement from the person's treating physician every six months from the date a waiver is granted that includes the information described in paragraph (e), clauses (1) and (2), and gives the physician's professional opinion about whether the person continues to be medically qualified to exercise reasonable and ordinary control over a commercial motor vehicle on the public highways.

Subd. 3. [AGE REQUIREMENT FOR DRIVERS.] Drivers of vehicles engaged in intrastate transportation and subject to subdivision 1 must be at least 18 years of age. Drivers of vehicles subject to section 221.033, must be at least 21 years of age, except as provided in that section.

Subd. 4. [LOCATION OF DRIVER QUALIFICATION FILES.] A carrier subject to subdivision 1 must keep each driver's qualification file at the carrier's principal place of business for as long as a driver is employed by that carrier and for three years after the driver leaves employment. Upon written request to and with the written approval of the commissioner, a carrier may retain driver qualification files at a regional or terminal office."

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 1056, as amended, was read for the third time.

Mulder moved that the action whereby H. F. No. 1056, as amended, was given its third reading earlier today be now reconsidered. The motion prevailed.

Mulder moved to amend H. F. No. 1056, the second engrossment, as amended, as follows:

Page 2, lines 14 and 23, delete "board-certified endocrinologist" and insert "licensed physician"

Page 2, line 29, delete "endocrinologist's" and insert "licensed physician's"

The motion prevailed and the amendment was adopted.

H. F. No. 1056, A bill for an act relating to transportation; requiring transit symbol on licenses and identification cards for senior citizens, absent a request to the contrary; requiring consultation for route and schedule changes; establishing route and schedule planning review process; authorizing a study and report by the metropolitan council concerning coordination of transit services; authorizing assessment of electric and alternative fuel vehicle technology; authorizing issuance of free bus passes; appropriating money; amending Minnesota Statutes 1994, sections 171.07, subdivisions 1 and 3a; 473.375, by adding subdivisions; and 473.408, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

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 79 yeas and 50 nays as follows:

Those who voted in the affirmative were:

Bakk         Greenfield   Leighton     Opatz        Simoneau
Bertram      Greiling     Leppik       Orenstein    Skoglund
Brown        Hasskamp     Lieder       Orfield      Smith
Carlson      Hausman      Long         Osthoff      Solberg
Clark        Huntley      Lourey       Ostrom       Stanek
Cooper       Jaros        Luther       Otremba      Tomassoni
Dauner       Jefferson    Mahon        Ozment       Tompkins
Davids       Jennings     Mariani      Pellow       Trimble
Dawkins      Johnson, A.  Marko        Pelowski     Tunheim
Dehler       Johnson, R.  McCollum     Perlt        Van Engen
Delmont      Johnson, V.  McElroy      Peterson     Wagenius
Dorn         Kahn         McGuire      Pugh         Wejcman
Entenza      Kalis        Milbert      Rest         Wenzel
Farrell      Kelley       Munger       Rhodes       Winter
Frerichs     Kelso        Murphy       Sarna        Sp.Anderson,I
Garcia       Kinkel       Olson, E.    Schumacher   

Abrams       Finseth      Koppendrayer Ness         Swenson, H.
Anderson, B. Girard       Kraus        Olson, M.    Sykora
Bishop       Goodno       Krinkie      Onnen        Tuma
Boudreau     Haas         Larsen       Osskopp      Van Dellen
Bradley      Hackbarth    Lindner      Paulsen      Vickerman
Broecker     Harder       Lynch        Pawlenty     Warkentin
Commers      Holsten      Macklin      Rostberg     Weaver
Daggett      Hugoson      Mares        Seagren      Wolf
Dempsey      Knight       Molnau       Sviggum      Worke
Erhardt      Knoblach     Mulder       Swenson, D.  Workman

H. F. No. 244 was reported to the House.

Dawkins and Johnson, R., moved to amend H. F. No. 244, the third engrossment, as follows:

Page 1, lines 17 and 23, delete "31" and insert "32"

Page 2, line 25, delete "two individuals" and insert "one individual" and after "public" insert "secondary"

Page 2, after line 25, insert:

"(2) one individual shall have expertise in design and implementation of school-based service-learning;"

Page 2, line 26, delete "(2)" and insert "(3)"

Page 2, line 28, delete "(3)" and insert "(4)"

Page 2, line 30, delete "(4)" and insert "(5)"

Page 3, line 3, after the period insert "After January 1, 1997, the Minnesota director of the corporation for national service shall also serve as an ex officio member."

Page 4, line 23, after "education" insert ", service-learning,"

The motion prevailed and the amendment was adopted.

H. F. No. 244, A bill for an act relating to employment; establishing the governor's workforce development council to replace certain other councils; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, sections 126B.02; 121.703; and 268.9755.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 1617 was reported to the House.

Pugh moved that H. F. No. 1617 be returned to General Orders. The motion prevailed.

H. F. No. 980 was reported to the House.

Skoglund moved that H. F. No. 980 be continued on Special Orders. The motion prevailed.

H. F. No. 1308 was reported to the House.

McCollum moved that H. F. No. 1308 be continued on Special Orders. The motion prevailed.

H. F. No. 1709, A bill for an act relating to the city of Chanhassen; authorizing certain bid specifications for playground equipment on an experimental basis.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Koppendrayer Olson, E.    Solberg
Anderson, B. Girard       Kraus        Olson, M.    Stanek
Bakk         Goodno       Krinkie      Onnen        Sviggum
Bertram      Greenfield   Larsen       Opatz        Swenson, D.
Bishop       Greiling     Leighton     Orenstein    Swenson, H.
Boudreau     Haas         Leppik       Orfield      Sykora
Bradley      Hackbarth    Lieder       Osskopp      Tomassoni
Broecker     Harder       Lindner      Ostrom       Tompkins
Brown        Hasskamp     Long         Otremba      Trimble
Carlson      Hausman      Lourey       Ozment       Tuma
Clark        Holsten      Luther       Paulsen      Tunheim
Commers      Hugoson      Lynch        Pawlenty     Van Dellen
Cooper       Huntley      Macklin      Pellow       Van Engen
Daggett      Jaros        Mahon        Pelowski     Vickerman
Dauner       Jefferson    Mares        Perlt        Wagenius
Davids       Jennings     Mariani      Peterson     Warkentin
Dawkins      Johnson, A.  Marko        Pugh         Weaver
Dehler       Johnson, R.  McCollum     Rest         Wejcman
Delmont      Johnson, V.  McElroy      Rhodes       Wenzel
Dempsey      Kahn         McGuire      Rostberg     Winter
Dorn         Kalis        Milbert      Sarna        Wolf
JOURNAL OF THE HOUSE - 44th Day - Top of Page 2344

Entenza      Kelley       Molnau       Schumacher   Worke
Erhardt      Kelso        Mulder       Seagren      Workman
Farrell      Kinkel       Munger       Simoneau     Sp.Anderson,I
Finseth      Knight       Murphy       Skoglund     
Frerichs     Knoblach     Ness         Smith        

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

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

Van Engen moved that his name be stricken as an author on H. F. No. 1542. The motion prevailed.

Murphy moved that the names of Swenson, D.; Skoglund; Farrell and Broecker be added as authors on H. F. No. 1700. The motion prevailed.

Long moved that the name of Onnen be added as an author on H. F. No. 1742. The motion prevailed.

Carruthers moved that the name of Haas be added as an author on H. F. No. 1858. The motion prevailed.

Bettermann moved that the name of Rostberg be added as an author on H. F. No. 1860. The motion prevailed.

Peterson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 20, 1995, when the vote was taken on the final passage of H. F. No. 217." The motion prevailed.

Peterson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 20, 1995, when the vote was taken on the final passage of H. F. No. 877." The motion prevailed.

Peterson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 20, 1995, when the vote was taken on the repassage of H. F. No. 1457, as amended by the Senate." The motion prevailed.

Peterson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, April 20, 1995, when the vote was taken on the Kahn et al amendment to S. F. No. 752, as amended." The motion prevailed.

Peterson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 20, 1995, when the vote was taken on the final passage of S. F. No. 830, as amended." The motion prevailed.

Van Engen moved that H. F. No. 632 be returned to its author. The motion prevailed.

Commers moved that H. F. No. 1239 be returned to its author. The motion prevailed.

Ness; Perlt; Lieder; Johnson, V., and Solberg introduced:

House Resolution No. 6, A house resolution designating May 23, 1995, as "55 Alive/Mature Driving Day" in Minnesota.

The resolution was referred to the Committee on Rules and Legislative Administration.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 16:

Dawkins, Wejcman and Macklin.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 155:

Tunheim; Olson, E., and Girard.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 188:

Hasskamp, Sykora and Kinkel.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 257:

Pelowski, McCollum and Johnson, V.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 281:

Orfield, Long and Abrams.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 308:

Skoglund, Entenza and Swenson, D.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 375:

Solberg, Marko and Vickerman.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 381:

McCollum, Osthoff and Rostberg.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 965:

Dauner, Brown and Hugoson.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1520:

Bakk, Rukavina and Larsen.

McCollum moved that when the House adjourns today it adjourn until 11:00 a.m., Monday, April 24, 1995. The motion prevailed.

McCollum moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Monday, April 24, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

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