Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6459

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1998

__________________

SEVENTY-SECOND DAY

Saint Paul, Minnesota, Wednesday, February 11, 1998

 

The House of Representatives convened at 2:30 p.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by Representative Mary Murphy, District 8A, Hermantown, Minnesota.

The roll was called and the following members were present:

Abrams Erhardt Kahn McCollum Peterson Tingelstad
Anderson, B. Erickson Kalis McElroy Pugh Tomassoni
Anderson, I. Evans Kelso McGuire Rest Tompkins
Bakk Farrell Kielkucki Milbert Reuter Trimble
Bettermann Finseth Knight Molnau Rhodes Tuma
Biernat Folliard Knoblach Mullery Rifenberg Tunheim
Bishop Garcia Koskinen Munger Rostberg Van Dellen
Boudreau Greiling Kraus Murphy Rukavina Vandeveer
Bradley Gunther Krinkie Ness Schumacher Wagenius
Broecker Haas Kubly Nornes Seagren Weaver
Carlson Harder Kuisle Olson, E. Seifert Wejcman
Chaudhary Hasskamp Larsen Olson, M. Sekhon Wenzel
Clark, J. Hausman Leighton Opatz Skare Westfall
Clark, K. Hilty Leppik Orfield Skoglund Winter
Daggett Holsten Lieder Osskopp Slawik Wolf
Davids Huntley Lindner Osthoff Smith Workman
Dawkins Jaros Long Otremba, M. Solberg Spk. Carruthers
Dehler Jefferson Macklin Ozment Stanek
Delmont Jennings Mahon Paulsen Stang
Dempsey Johnson, A. Mares Pawlenty Sviggum
Dorn Johnson, R. Mariani Paymar Swenson, H.
Entenza Juhnke Marko Pelowski Sykora

A quorum was present.

Commers, Goodno, Greenfield, Kinkel, Luther and Mulder were excused.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6460

REPORTS OF CHIEF CLERK

S. F. No. 1440 and H. F. No. 1554, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Dawkins moved that S. F. No. 1440 be substituted for H. F. No. 1554 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 381, A bill for an act relating to trusts; defining a nonprofit health care trust; establishing requirements for certain agreements and transactions between nonprofit health care trusts and noncharitable entities; amending Minnesota Statutes 1996, section 317A.811, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 501B.

Reported the same back with the following amendments:

Page 1, after line 9, insert:

"Section 1. Minnesota Statutes 1996, section 13.99, is amended by adding a subdivision to read:

Subd. 100b. [WRITTEN NOTICES OF CERTAIN ASSET TRANSFERS.] Written notices of asset transfers by nonprofit health care trusts are classified under section 501B.453, subdivision 4."

Page 3, line 15, delete "shall be" and insert "is" and delete "confidential" and insert "private"

Page 3, line 16, delete "3" and insert "12"

Page 3, line 17, delete "protected"

Page 3, line 18, delete "13" and insert "9"

Page 7, line 2, delete "4" and insert "5"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 6, delete "section" and insert "sections 13.99, by adding a subdivision; and"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6461

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

H. F. No. 1561, A bill for an act relating to highways; appropriating money for natural snow fencing.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [LIVING SNOW FENCES; APPROPRIATION.]

$500,000 is appropriated for fiscal year 1999 from the general fund to the board of water and soil resources for grants to soil and water conservation districts for cost-sharing contracts with landowners to establish and maintain plantings of trees, shrubs, and grass strips that are native species of a local ecotype for the primary purpose of controlling snow deposition for the benefit of public transportation. Up to 20 percent of the appropriation may be used for the technical and administrative expenses of soil and water conservation districts to implement this law. The board of water and soil resources shall enter into an agreement to accomplish the transfer of funds to soil and water conservation districts and to establish guidelines to implement this subdivision. Cost-sharing contracts between soil and water conservation districts and landowners may provide for annual payments to landowners for land costs and maintenance. This appropriation is available until spent.

Sec. 2. [HEALTH OF FOREST ECOSYSTEMS; APPROPRIATION.]

$250,000 is appropriated in fiscal year 1999 from the general fund to the commissioner of natural resources for grants to local community forest ecosystem health programs. The appropriations are available until spent. The commissioner of natural resources shall allocate individual grants of up to $10,000 to local communities that have matching nonstate money available to undertake projects that improve the health of forest ecosystems, including appropriate insect and disease suppression programs, community-based forest health education programs, and other arboricultural treatments."

Delete the title and insert:

"A bill for an act relating to natural resources; appropriating money for plantings to control snow deposition and for forest ecosystem health."

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

The report was adopted.

Jefferson from the Committee on Labor-Management Relations to which was referred:

H. F. No. 1895, A bill for an act relating to workers' compensation; modifying rehabilitation program requirements; amending Minnesota Statutes 1996, section 176.102, subdivision 4.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2333, A bill for an act relating to landlord tenant; modifying provisions relating to the manner in which the landlord must hold a tenant's personal property left on the premises after abandonment or eviction; amending Minnesota Statutes 1996, section 566.17, subdivision 2.

Reported the same back with the following amendments:

Page 1, after line 7, insert:


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6462

"Section 1. Minnesota Statutes 1997 Supplement, section 566.05, is amended to read:

566.05 [COMPLAINT AND SUMMONS.]

(a) The person complaining shall file a complaint with the court, stating the full name and date of birth of the person against whom the complaint is made, unless it is not known, describing the premises of which possession is claimed, stating the facts which authorize the recovery, and praying for restitution thereof. The lack of the full name and date of birth of the person against whom the complaint is made does not deprive the court of jurisdiction or make the complaint invalid. The court shall issue a summons, commanding the person against whom the complaint is made to appear before the court on a day and at a place stated in the summons. The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons, except as provided by paragraph (b). A copy of the complaint shall be attached to the summons, which shall state that the copy is attached and that the original has been filed.

(b) In an unlawful detainer action brought under section 504.181 or on the basis that the tenant is causing a nuisance or other illegal behavior that seriously endangers the safety of other residents, their property, or the landlord's property, the person filing the complaint shall file an affidavit stating specific facts and instances in support of why an expedited hearing is required. The complaint and affidavit shall be reviewed by a referee or judge and scheduled for an expedited hearing only if sufficient supporting facts are stated and they meet the requirements of this paragraph. The appearance in an expedited hearing shall be not less than five days nor more than seven days from the date the summons is issued. The summons, in an expedited hearing, shall be served upon the tenant within 24 hours of issuance unless the court orders otherwise for good cause shown. If the court determines that the person seeking an expedited hearing did so without sufficient basis under the requirements of this paragraph, the court shall impose a civil penalty of up to $500 for abuse of the expedited hearing process.

(c) In an unlawful detainer action brought under section 504.181 or on the basis that the tenant is causing a nuisance, as defined in section 617.81, subdivision 2, clause (1), (4), or (7), or other illegal behavior that seriously endangers the safety of other residents, their property, or the landlord's property, in order for the plaintiff to ask the court to authorize immediate disposal of the defendant's property after the defendant has vacated the premises, as provided in section 566.17, subdivision 2, paragraph (c), the complaint must state clearly that the plaintiff is seeking this relief.

Sec. 2. Minnesota Statutes 1996, section 566.07, is amended to read:

566.07 [ANSWER; TRIAL.]

Subdivision 1. [GENERAL PROCEDURE.] After the return of the summons, at the time and place appointed therein, the defendant, on appearing, may answer the complaint, and all matters in excuse, justification, or avoidance of the allegations thereof shall be set up in the answer; and thereupon the court shall hear and determine the action, unless it shall adjourn the trial as provided in section 566.08, but either party may demand a trial by jury. The proceedings in such action shall be the same as in other civil actions, except as in this chapter otherwise provided.

Subd. 2. [PRIORITY CASES.] The court, in scheduling appearances and hearings under this section, shall give priority to any unlawful detainer brought under section 504.181, or on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property.

Subd. 3. [PRIORITY CASES; EVIDENCE REQUIRED.] If the plaintiff asks for authority to immediately dispose of the defendant's property left on the premises after restitution of the premises to the plaintiff, as provided in section 566.17, subdivision 2, paragraph (c), the court must make the specific findings required in this subdivision before the court can enter a judgment authorizing immediate disposal. The court must find that:

(1) restitution of the premises is based on a violation of section 504.181, or on the basis that the tenant is causing a nuisance, as defined in section 617.81, subdivision 2, clause (1), (4), or (7), or other illegal behavior that seriously endangers the safety of other residents, their property, or the landlord's property;

(2) the complaint stated clearly the plaintiff's request for this relief, as required by section 566.05, paragraph (c); and

(3) the plaintiff has presented other evidence sufficient to justify granting this relief.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6463

Sec. 3. Minnesota Statutes 1996, section 566.09, is amended by adding a subdivision to read:

Subd. 3. [DISPOSAL OF DEFENDANT'S PROPERTY.] If the court or jury makes the findings required in section 566.07, subdivision 3, to authorize the plaintiff to immediately dispose of the defendant's property that is left on the premises after the plaintiff is granted restitution of the premises, the court shall state this relief in the judgment entered and in the writ of restitution.

Sec. 4. Minnesota Statutes 1996, section 566.16, is amended by adding a subdivision to read:

Subd. 3. [DISPOSAL OF DEFENDANT'S PROPERTY.] The court shall identify a writ of restitution that authorizes the immediate disposal of the defendant's property that is left on the premises after the plaintiff is granted restitution of the premises, as provided in section 566.09, subdivision 3."

Page 1, line 8, delete "Section 1." and insert "Sec. 5."

Page 3, delete lines 2 to 7 and insert:

"(c) If the writ of restitution authorizes the plaintiff to immediately dispose of the defendant's property remaining on the premises, the"

Page 3, line 13, delete "found" and insert "claimed"

Page 3, line 14, delete ". . . . . months" and insert "60 days"

Page 3, line 15, after "property" insert ", and less any other obligation of the defendant to the plaintiff, including the reasonable value of the work required to restore the premises to rentable condition"

Delete the title and insert:

"A bill for an act relating to landlord tenant; modifying provisions relating to removal and disposal of a tenant's personal property left on the premises after abandonment or eviction; amending Minnesota Statutes 1996, sections 566.07; 566.09, by adding a subdivision; 566.16, by adding a subdivision; and 566.17, subdivision 2; and Minnesota Statutes 1997 Supplement, section 566.05."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2373, A bill for an act relating to transportation; authorizing issuance of $14,600,000 in state transportation bonds for local bridge replacement and rehabilitation; appropriating money.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [TRANSPORTATION; APPROPRIATIONS.]

The sums in the column under "APPROPRIATIONS" are appropriated from the bond proceeds fund, or another named fund, to the state agencies 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.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6464

SUMMARY BY FUND

Transportation Fund $ 140,000,000

Trunk Highway Fund 45,757,000

Bond Proceeds Fund 6,000,000

(General Fund Debt Service)

Sec. 2. PUBLIC SAFETY $ 1,328,000

To the commissioner of transportation to design, construct, furnish, and equip a state patrol training facility at Camp Ripley in Little Falls. This appropriation is from the trunk highway fund.

Sec. 3. TRANSPORTATION

Subdivision 1. To the commissioner of transportation for

the purposes specified in this section 190,429,000

Subd. 2. Local Bridge Replacement and Rehabilitation 34,000,000

This appropriation is from the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, to match federal funds and to replace or rehabilitate local deficient bridges.

Political subdivisions may use grants made under this section to construct or reconstruct bridges, including:

(1) matching federal-aid grants to construct or reconstruct key bridges;

(2) paying the costs of preliminary engineering and environmental studies authorized under Minnesota Statutes, section 174.50, subdivision 6a;

(3) paying the costs to abandon an existing bridge that is deficient and in need of replacement, but where no replacement will be made; and

(4) paying the costs to construct a road or street to facilitate the abandonment of an existing bridge determined by the commissioner to be deficient, if the commissioner determines that construction of the road or street is more cost efficient than the replacement of the existing bridge.

Subd. 3. Transit Ways 106,000,000

(a) This appropriation is from the bond proceeds account in the state transportation fund and is to match federal and local funding for the planning, design, engineering, and construction of transit ways in the metropolitan area.

(b) Of this amount, $99,000,000 is for the preliminary engineering, final design, and construction of light rail transit in the Hiawatha Avenue corridor from downtown Minneapolis to the


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6465

Minneapolis-St. Paul International Airport and the Mall of America. Of the amount for the Hiawatha Avenue corridor, $24,000,000 is available in fiscal year 1999, $25,000,000 in fiscal year 2000, $25,000,000 in fiscal year 2001, and $25,000,000 in fiscal year 2002.

(c) The remaining funds must be distributed as grants to appropriate county regional rail authorities as follows:

(1) $3,000,000 to match federal funding for a major investment study, engineering, and implementation in the Riverview corridor between the east side of St. Paul and the Minneapolis-St. Paul International Airport and the Mall of America;

(2) $1,500,000 to match federal funding for a major investment study, engineering, and implementation in the Northstar corridor linking downtown Minneapolis to the St. Cloud area;

(3) $500,000 to study potential transit improvements and engineering studies in the Cedar Avenue corridor to link the Hiawatha, Riverview, and Northstar transit corridors with Dakota county;

(4) $500,000 to develop engineering documents for the Northwest corridor commuter rail line from downtown Minneapolis to the northwest suburbs of Hennepin county;

(5) $500,000 to develop engineering documents for a commuter rail line from downtown St. Paul through southern Washington county to Hastings;

(6) $500,000 to develop engineering documents for the Young America corridor commuter rail line from Carver county to Minneapolis; and

(7) $500,000 to develop engineering documents for the Bethel corridor commuter rail line linking Cambridge with the Northstar corridor in Anoka county.

Subd. 4. Port Development Assistance 6,000,000

For port development assistance grants, the grants must be made to political subdivisions for capital improvements under the provisions of Minnesota Statutes, sections 457A.01 to 457A.06. Any improvements made with the proceeds of these grants must be publicly owned.

Subd. 5. Trunk Highway Bridges 35,000,000

From the bond proceeds account in the trunk highway fund, for the reconstruction and replacement of key bridges on the state trunk highway system.

Subd. 6. St. Cloud Headquarters 9,429,000

This appropriation is from the trunk highway fund for design, construction, and furnishing of an addition and remodeling of existing space at the headquarters facility in St. Cloud.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6466

Sec. 4. [INTEGRATED TRANSPORTATION SYSTEM.]

The commissioner of transportation, the metropolitan council, and the regional rail authorities shall ensure that the light rail transit and commuter rail facilities funded under section 3, subdivision 3, are planned, designed, and implemented: (1) to move commuters and transit users into and out of, as well as within, the metropolitan area and (2) to ensure that rail transit lines will interface with each other and other transportation facilities and services so as to provide a unified, integrated, and efficient multimodal transportation system.

Sec. 5. [BOND SALE AUTHORIZATIONS.]

Subdivision 1. [BOND PROCEEDS FUND.] To provide the money appropriated in section 1 from the bond proceeds fund, the commissioner of finance, on request of the governor, shall sell and issue bonds of the state in an amount up to $6,000,000 in the manner, on the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.

Subd. 2. [TRUNK HIGHWAY FUND.] To provide the money appropriated in section 1 from the bond proceeds account in the trunk highway fund, the commissioner of finance, on request of the governor, shall sell and issue trunk highway bonds in an aggregate principal amount of $35,000,000 under Minnesota Statutes, sections 167.50 to 167.52, and the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds must be deposited in the bond proceeds account in the trunk highway fund.

Subd. 3. [STATE TRANSPORTATION FUND.] To provide the money appropriated in section 1 from the state transportation fund, the commissioner of finance, on request of the governor, shall sell and issue bonds of the state in an amount up to $140,000,000 in the manner, on the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds must be deposited in a bond proceeds account in the state transportation fund."

Delete the title and insert:

"A bill for an act relating to transportation; authorizing issuance of state bonds; appropriating money."

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2486, A bill for an act relating to elections; eliminating certain provisions that have been ruled unconstitutional; amending Minnesota Statutes 1996, sections 211B.04; and 211B.06, subdivision 1; Minnesota Statutes 1997 Supplement, section 201.15, subdivision 1.

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

The report was adopted.

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

H. F. No. 2510, A bill for an act relating to commerce; prohibiting licensed collectors from using assumed names; amending Minnesota Statutes 1997 Supplement, section 332.33, subdivision 1.

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

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6467

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

H. F. No. 2526, A bill for an act relating to elections; changing certain absentee ballot provisions; amending Minnesota Statutes 1996, section 203B.02, subdivision 1; Minnesota Statutes 1997 Supplement, section 203B.04, subdivision 1.

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

The report was adopted.

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

H. F. No. 2588, A bill for an act relating to metropolitan government; providing for county commissioners to serve as metropolitan council members; regulating economic interest statements of candidates and members; regulating contributions to candidates; requiring a study; amending Minnesota Statutes 1996, sections 10A.01, subdivision 5; 10A.09, subdivisions 5 and 6a; 10A.27, subdivision 1; 15.0597, subdivision 1; 204B.06, subdivision 4; 204B.09, subdivisions 1 and 1a; 204B.11; 204B.135, subdivision 2; 204B.32, subdivision 2; 204D.02, subdivision 1; 204D.08, subdivision 6; 204D.27, by adding a subdivision; 209.02, subdivision 1; 211A.01, subdivision 3; 211B.01, subdivision 3; 353D.01, subdivision 2; and 473.123, subdivisions 1, 4, 7, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 204D; 375; and 473; repealing Minnesota Statutes 1996, sections 473.123, subdivisions 2a, 3, 3a, and 3c.

Reported the same back with the following amendments:

Pages 2 and 3, delete section 2

Page 14, line 12, strike "AND COMPENSATION"

Page 14, line 33, strike everything after the period

Page 14, strike lines 34 to 36

Page 15, strike lines 1 to 3

Pages 16 and 17, delete section 25 and insert:

"Sec. 24. [473.124] [METROPOLITAN COUNCIL ELECTIONS; MEMBERS ELECTED AS COUNTY COMMISSIONERS.]

Subdivision 1. [NUMBER OF MEMBERS.] The metropolitan council consists of 25 members, except that the legislature may by law increase or decrease the number of members by up to nine in order to increase the proportion of metropolitan council districts held by county commissioners as provided in this section.

Subd. 2. [DISTRICTS.] (a) The legislature shall apportion the number of seats on the metropolitan council among the seven counties, or as necessary to meet equal-population requirements, among groups of counties, after each federal decennial census. Each county, or group of counties, must be divided into as many metropolitan council districts as it has been apportioned seats. The districts must be drawn by the county board of the county, or jointly by the county boards of the counties in a group of counties, following the procedures in section 375.025 except as superseded by this section. The districts must be bounded by town, municipal, ward, or precinct lines. The districts must be composed of compact, convenient, contiguous territory and must be substantially equal in population. The population of the largest district must not exceed the population of the smallest district by more than ten percent, unless the result would force a voting precinct to be split. A metropolitan council district may not include territory in more than one county unless necessary to meet equal-population requirements.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6468

(b) If all the redrawn metropolitan council districts in a county lie wholly within the county, and the number of metropolitan council districts is no greater than the number of members on the county board as provided under section 375.01, the metropolitan council districts also serve as county commissioner districts. If the number of metropolitan council districts in a county is greater than the number of members of the county board as provided under section 375.01, the county board may increase the number of members of the county board to equal the number of metropolitan council districts in the county and the metropolitan council districts will then serve also as county commissioner districts; if the number of members of the county board is not increased, the county board shall draw one plan for metropolitan council districts and a separate plan for county commissioner districts. If the number of metropolitan council districts that also serve as county commissioner districts in a county is less than the number of members of the county board as provided under section 375.01, the remaining members of the county board must be elected from the county at large, except that, if a county has no redrawn metropolitan council districts that lie wholly within it, the county must be divided into as many county commissioner districts as there are members of the county board.

Subd. 3. [ELECTION.] In a county whose metropolitan council districts all lie wholly within the county and serve as county commissioner districts, each candidate for the metropolitan council is also a candidate for the county board and, if elected, holds both offices at the same time. In a county whose metropolitan council districts do not all lie wholly within the county and serve as county commissioner districts, only a candidate for the county board may file for the office of metropolitan council member. The candidate may be elected to both offices and serve both as a county commissioner and as a metropolitan council member.

Subd. 4. [TERMS.] Metropolitan council members shall serve terms as provided in section 375.03."

Page 17, line 36, before the period, insert ", except that section 25 is effective the day following final enactment"

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 8, delete "subdivisions 5 and" and insert "subdivision"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on General Legislation, Veterans Affairs and Elections.

The report was adopted.

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

H. F. No. 2626, A bill for an act relating to state lands; authorizing the conveyance of certain state land to the city of Faribault.

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

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 2630, A bill for an act relating to human services; changing provision for family day care licensure; amending Laws 1997, chapter 248, section 47, subdivision 1.

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

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6469

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

H. F. No. 2635, A bill for an act relating to regional development commissions; authorizing the headwaters regional development commission to establish a nonprofit housing corporation; proposing coding for new law in Minnesota Statutes, chapter 462.

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

The report was adopted.

Jefferson from the Committee on Labor-Management Relations to which was referred:

H. F. No. 2643, A bill for an act relating to state government; establishing a settlement division in the office of administrative hearings; transferring certain judges from the department of labor and industry to the office of administrative hearings; transferring the small claims court from the department of labor and industry to the office of administrative hearings; transferring certain duties and funds.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [SETTLEMENT DIVISION; TRANSFER OF JUDGES.]

The office of administrative hearings shall establish a settlement division. The workers' compensation judges at the department of labor and industry, together with their support staff, offices, furnishings, equipment, and supplies, are transferred to the settlement division of the office of administrative hearings. Minnesota Statutes, section 15.039, applies to the transfer of employees. The settlement division of the office of administrative hearings shall maintain offices in the cities of St. Paul, Duluth, and Detroit Lakes. The office of a judge in the settlement division of the office of administrative hearings and the support staff of the judge may be located in a building that contains offices of the department of labor and industry. The seniority of a workers' compensation judge at the office of administrative hearings, after the transfer, shall be based on the total length of service at either agency.

Sec. 2. [TRANSFER OF DUTIES.]

The powers and duties assigned to the workers' compensation judges at the department of labor and industry on July 1, 1997, are transferred to workers' compensation judges at the office of administrative hearings. The powers and duties assigned to the customer assistance teams on July 1, 1997, shall remain at the department of labor and industry. The transfer of the power and duty to conduct settlement conferences to the office of administrative hearings does not affect the ability of the commissioner of the department of labor and industry to provide voluntary mediation services to the parties of a dispute.

Sec. 3. [TRANSFER OF FUNDS.]

The commissioner of finance shall, after consultation with the commissioner of the department of labor and industry and the chief administrative law judge, make the appropriate transfer of funds from the department of labor and industry to the office of administrative hearings. The funds transferred shall be sufficient to provide for the smooth operation of the settlement division and pay the salaries of all personnel transferred to the office of administrative hearings plus the salaries for any judge or support staff positions that were filled on October 1, 1997, but are vacant on the effective date of this act. The commissioner of finance shall report to the legislature if the appropriation for the department of labor and industry is insufficient following the transfer of funds.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6470

Sec. 4. [PROHIBITION ON LAYOFFS AND DEMOTIONS.]

No employee whose job duties are affected by a transfer from the department of labor and industry to the office of administrative hearings may be laid off or otherwise suffer loss of pay or benefits. Support staff must first be offered the option to voluntarily transfer. If it is necessary to transfer other support staff after taking volunteers, transfers shall be from the least senior employees in the appropriate class.

Sec. 5. [SMALL CLAIMS COURT TRANSFER.]

The small claims court at the department of labor and industry is transferred to the office of administrative hearings.

Sec. 6. [INSTRUCTION TO REVISOR.]

The revisor of statutes shall change the term "settlement judge" to "compensation judge" wherever it appears in Minnesota Statutes and Minnesota Rules.

Sec. 7. [EFFECTIVE DATE.]

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

Amend the title as follows:

Page 1, line 6, after the semicolon, insert "prohibiting layoffs and demotions;"

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

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 2649, A bill for an act relating to health; creating an office of health care consumer assistance, advocacy, and information; amending the enrollee complaint system for health maintenance organizations; extending the date of establishing an informal complaint resolution process; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 62D.11, subdivision 1; 62J.75; 62Q.105, subdivision 1; and 62Q.30; proposing coding for new law in Minnesota Statutes, chapter 62J.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1997 Supplement, section 62D.11, subdivision 1, is amended to read:

Subdivision 1. [ENROLLEE COMPLAINT SYSTEM.] Every health maintenance organization shall establish and maintain a complaint system, as required under section 62Q.105 to provide reasonable procedures for the resolution of written complaints initiated by or on behalf of enrollees concerning the provision of health care services. "Provision of health services" includes, but is not limited to, questions of the scope of coverage, quality of care, and administrative operations. The health maintenance organization must inform enrollees that they may choose to use alternative dispute resolution arbitration to appeal a health maintenance organization's internal appeal decision. The health maintenance organization must also inform enrollees that they have the right to use arbitration to appeal a health maintenance organization's internal appeal decision not to certify an admission, procedure, service, or extension of stay under section 62M.06. If an enrollee chooses to use an alternative dispute resolution process arbitration, the health maintenance organization must participate.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6471

OFFICE OF HEALTH CARE CONSUMER ASSISTANCE,

ADVOCACY, AND INFORMATION

Sec. 2. [62J.77] [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] For purposes of sections 62J.77 to 62J.80, the terms defined in this section have the meanings given them.

Subd. 2. [ENROLLEE.] "Enrollee" means a natural person covered by a health plan company, health insurance, or health coverage plan and includes an insured, policyholder, subscriber, contract holder, member, covered person, or certificate holder.

Subd. 3. [PATIENT.] "Patient" means a former, current, or prospective patient of a health care provider.

Sec. 3. [62J.78] [ESTABLISHMENT; ORGANIZATION.]

Subdivision 1. [GENERAL.] The office of health care consumer assistance, advocacy, and information is established to provide assistance, advocacy, and information to all health care consumers within the state. The office shall have no regulatory power or authority and shall not provide legal representation in a court of law.

Subd. 2. [EXECUTIVE DIRECTOR.] An executive director shall be appointed by the governor, in consultation with the consumer advisory board, for a three-year term and may be removed only for just cause. The executive director must be selected without regard to political affiliation and must be a person who has knowledge and experience concerning the needs and rights of health care consumers and must be qualified to analyze questions of law, administrative functions, and public policy. No person may serve as executive director while holding another public office. The director shall serve in the unclassified service.

Subd. 3. [STAFF.] The executive director shall appoint at least nine consumer advocates to discharge the responsibilities and duties of the office. The executive director and full-time staff shall be included in the Minnesota state retirement association.

Subd. 4. [DELEGATION.] The executive director may delegate to staff any of the authority or duties of the director, except the duty of formally making recommendations to the legislature.

Subd. 5. [TRAINING.] The executive director shall ensure that the consumer advocates are adequately trained.

Subd. 6. [STATEWIDE ADVOCACY.] The executive director shall assign a consumer advocate to represent each regional coordinating board's geographic area.

Subd. 7. [FINANCIAL INTEREST.] The executive director and staff must not have any direct personal financial interest in the health care system, except as an individual consumer of health care services.

Subd. 8. [ADMINISTRATION.] The office of the ombudsman for mental health and mental retardation shall coordinate and share administrative services with the office of health care consumer assistance, advocacy, and information. To the extent practical, all ombudsman offices with health care responsibilities shall have their telephone systems linked in order to facilitate immediate referrals.

Sec. 4. [62J.79] [DUTIES AND POWERS OF THE OFFICE OF HEALTH CARE CONSUMER ASSISTANCE, ADVOCACY, AND INFORMATION.]

Subdivision 1. [DUTIES.] The executive director shall provide information and assistance to all health care consumers by:

(1) assisting patients and enrollees in understanding and asserting their contractual and legal rights, including the rights under an alternative dispute resolution process. This assistance may include advocacy for enrollees in administrative proceedings or other formal or informal dispute resolution processes;


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6472

(2) assisting enrollees in obtaining health care referrals under their health plan company, health insurance, or health coverage plan;

(3) assisting patients and enrollees in accessing the services of governmental agencies, regulatory boards, and other state consumer assistance programs, ombudsman, or advocacy services whenever appropriate so that the patient or enrollee can take full advantage of existing mechanisms for resolving complaints;

(4) referring patients and enrollees to governmental agencies and regulatory boards for the investigation of health care complaints and for enforcement action;

(5) educating and training enrollees about their health plan company, health insurance, or health coverage plan in order to enable them to assert their rights and to understand their responsibilities;

(6) assisting enrollees in receiving a timely resolution of their complaints;

(7) monitoring health care complaints addressed by the office to identify specific complaint patterns or areas of potential improvement; and

(8) recommending to health plan companies ways to identify and remove any barriers that might delay or impede the health plan company's effort to resolve consumer complaints.

The executive director shall prioritize the duties listed in this subdivision within the appropriations allocated.

Subd. 2. [COMMUNICATION.] The executive director shall meet at least six times per year with the consumer advisory board. The executive director shall share all public information obtained by the office of health care consumer assistance, advocacy, and information with the consumer advisory board in order to assist the consumer advisory board in its role of advising the commissioners of health and commerce and the legislature in accordance with section 62J.75.

Subd. 3. [REPORTS.] Beginning January 15, 1999, the executive director, on at least a quarterly basis, shall provide data from the health care complaints addressed by the office to the commissioners of health and commerce, the consumer advisory board, the Minnesota council of health plans, the Insurance Federation of Minnesota, and the information clearinghouse. Beginning January 15, 1999, the executive director must make an annual written report to the legislature regarding activities of the office, including recommendations on improving health care consumer assistance and complaint resolution processes.

Sec. 5. [62J.80] [RETALIATION.]

A health plan company or health care provider shall not retaliate or take adverse action against an enrollee or patient who, in good faith, makes a complaint against a health plan company or health care provider. If retaliation is suspected, the executive director may report it to the appropriate regulatory authority.

Sec. 6. Minnesota Statutes 1997 Supplement, section 62Q.105, subdivision 1, is amended to read:

Subdivision 1. [ESTABLISHMENT.] Each health plan company shall establish and make available to enrollees, by July 1, 1998 1999, an informal complaint resolution process that meets the requirements of this section. A health plan company must make reasonable efforts to resolve enrollee complaints, and must inform complainants in writing of the company's decision within 30 days of receiving the complaint. The complaint resolution process must treat the complaint and information related to it as required under sections 72A.49 to 72A.505.

Sec. 7. Minnesota Statutes 1997 Supplement, section 62Q.30, is amended to read:

62Q.30 [EXPEDITED FACT FINDING AND DISPUTE RESOLUTION PROCESS.]

The commissioner shall establish an expedited fact finding and dispute resolution process to assist enrollees of health plan companies with contested treatment, coverage, and service issues to be in effect July 1, 1998 1999. If the disputed issue relates to whether a service is appropriate and necessary, the commissioner shall issue an order only after consulting with


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6473

appropriate experts knowledgeable, trained, and practicing in the area in dispute, reviewing pertinent literature, and considering the availability of satisfactory alternatives. The commissioner shall take steps including but not limited to fining, suspending, or revoking the license of a health plan company that is the subject of repeated orders by the commissioner that suggests a pattern of inappropriate underutilization.

Sec. 8. Minnesota Statutes 1997 Supplement, section 256B.692, subdivision 2, is amended to read:

Subd. 2. [DUTIES OF THE COMMISSIONER OF HEALTH.] Notwithstanding chapters 62D and 62N, a county that elects to purchase medical assistance and general assistance medical care in return for a fixed sum without regard to the frequency or extent of services furnished to any particular enrollee is not required to obtain a certificate of authority under chapter 62D or 62N. A county that elects to purchase medical assistance and general assistance medical care services under this section must satisfy the commissioner of health that the requirements of chapter 62D, applicable to health maintenance organizations, or chapter 62N, applicable to community integrated service networks, will be met. A county must also assure the commissioner of health that the requirements of section sections 62J.041; 62J.48; 62J.71 to 62J.73; all applicable provisions of chapter 62Q, including sections 62Q.07; 62Q.075; 62Q.105; 62Q.1055; 62Q.106; 62Q.11; 62Q.12; 62Q.135; 62Q.14; 62Q.145; 62Q.19; 62Q.23, paragraph (c); 62Q.30; 62Q.43; 62Q.47; 62Q.50; 62Q.52 to 62Q.56; 62Q.58; 62Q.64; and 72A.201 will be met. All enforcement and rulemaking powers available under chapters 62D, 62J, and 62N are hereby granted to the commissioner of health with respect to counties that purchase medical assistance and general assistance medical care services under this section.

Sec. 9. [COMPLAINT PROCESS STUDY.]

The complaint process work group established by the commissioners of health and commerce as required under Laws 1997, chapter 237, section 20, shall continue to meet to develop a complaint resolution process for health plan companies to make available to enrollees as required under Minnesota Statutes, sections 62Q.105, 62Q.11, and 62Q.30. The commissioners of health and commerce shall submit a progress report to the legislative commission on health care access by September 15, 1998, and shall submit final recommendations to the legislature, including draft legislation on developing such a process by November 15, 1998. The recommendations must also include, in consultation with the work group, a permanent method of financing the office of health care consumer assistance, advocacy, and information.

Sec. 10. [APPROPRIATION.]

$. . . . . . . . . . . . . is appropriated for fiscal year 1999 from the general fund to the executive director of the office of health care consumer assistance, advocacy, and information."

Delete the title and insert:

"A bill for an act relating to health; modifying the enrollee complaint system for health maintenance organizations; establishing an office of health care consumer assistance, advocacy, and information; extending the dates for establishing certain health plan dispute resolution processes; modifying requirements of counties for participating in medical assistance and general assistance medical care; requiring a study; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 62D.11, subdivision 1; 62Q.105, subdivision 1; 62Q.30; and 256B.692, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62J."

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 2680, A bill for an act relating to natural resources; modifying the provisions of the permanent school fund advisory committee; amending Minnesota Statutes 1996, section 124.078.

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

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6474

Long from the Committee on Taxes to which was referred:

H. F. No. 2688, A bill for an act relating to taxation; making technical and clarifying changes to tax disclosure provisions; amending Minnesota Statutes 1996, sections 270B.02, subdivision 3; 270B.03, subdivision 6; and 270B.12, subdivision 6; Minnesota Statutes 1997 Supplement, section 270B.01, subdivision 8; repealing Minnesota Statutes 1996, section 270.10, subdivision 3.

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

The report was adopted.

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

H. F. No. 2794, A bill for an act relating to consumer protection; regulating telecommunication commerce; appropriating money; amending Minnesota Statutes 1997 Supplement, section 609.2336, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 171; and 325G.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [325G.53] [CONSUMER EDUCATION; TELEMARKETING FRAUD.]

Subdivision 1. [ESTABLISHMENT.] The attorney general shall establish an outreach advocacy network to educate citizens of the state with respect to telemarketing fraud.

Subd. 2. [DUTIES.] The advocacy network shall:

(1) conduct clinics and seminars throughout the state to educate consumers with respect to telemarketing fraud, including providing an explanation of rights under federal and state law, such as the right to be placed on an individual business's no-call list, and recommending effective strategies to combat fraud;

(2) facilitate outreach to groups particularly susceptible to telemarketing fraud by training advocates for senior citizens and other consumer groups to conduct clinics and seminars in their communities;

(3) prepare and publish informational brochures on telemarketing fraud for distribution to consumers; and

(4) serve as an information clearinghouse within the state to assist consumers and others to obtain information with respect to current fraudulent telemarketing activity in the state.

Sec. 2. [APPROPRIATION.]

$. . . . . . . . . . . . . is appropriated for the biennium ending June 30, 1999, to the attorney general from the general fund for the purpose of section 1."

Delete the title and insert:

"A bill for an act relating to consumer protection; establishing an outreach advocacy network to educate the public about telemarketing fraud; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 325G."

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

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6475

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 2798, A bill for an act relating to eminent domain; providing certain requirements for compensation for pipeline easements; amending Minnesota Statutes 1996, section 117.48.

Reported the same back with the following amendments:

Page 2, line 25, after the semicolon, insert "and"

Page 2, line 26, delete "; and" and insert a period

Page 2, delete lines 27 and 28

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

The report was adopted.

Jefferson from the Committee on Labor-Management Relations to which was referred:

H. F. No. 2849, A bill for an act relating to labor relations; modifying the definition of public employer; amending Minnesota Statutes 1996, section 179A.03, subdivision 15.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 2892, A bill for an act relating to agriculture; expanding a grant program for livestock and dairy processing and marketing ventures to include other commodities; appropriating money; amending Minnesota Statutes 1997 Supplement, section 17.101, subdivision 5.

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

The report was adopted.

Jefferson from the Committee on Labor-Management Relations to which was referred:

H. F. No. 2897, A bill for an act relating to labor; establishing rights and duties in relation to union organization; providing that certain acts are an unfair labor practice; providing equal time requirements for certain employers; amending Minnesota Statutes 1996, sections 179.12; 179A.07, by adding a subdivision; and 179A.13, subdivision 2.

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

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6476

Carlson from the Committee on Education to which was referred:

H. F. No. 2919, A bill for an act relating to school districts; authorizing metropolitan council to contract to transport students in St. Paul and Minneapolis school districts.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 2935, A bill for an act relating to agriculture; providing rulemaking authority in the warehouse and grain storage laws; proposing coding for new law in Minnesota Statutes, chapters 231; and 232.

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

The report was adopted.

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

H. F. No. 2973, A bill for an act relating to the metropolitan council; establishing corridor planning pilot projects; appropriating money.

Reported the same back with the following amendments:

Page 1, line 7, after "shall" insert "contract with the University of Minnesota design center for American urban landscape to"

Page 2, line 7, delete "metropolitan council's" and after "experience" insert "of the corridor communities"

Page 2, line 8, after "council" insert ", in collaboration with the design center and the corridor communities,"

Page 2, line 18, delete "$. . . . . . . . . . . . ." and insert "$500,000"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development and International Trade.

The report was adopted.

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

H. F. No. 3071, A bill for an act relating to motor fuels; updating petroleum specifications; amending Minnesota Statutes 1996, sections 239.761; and 239.792.

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

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6477

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

H. F. No. 3081, A bill for an act relating to the city of St. Paul; setting the maximum amounts of and other conditions for the issuance of capital improvement bonds; amending Laws 1971, chapter 773, section 1, subdivisions 2, as amended, and 3, as amended; and section 2, as amended.

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 3094, A bill for an act relating to education; allowing the consolidated Red Rock school district to accelerate the schedule for reducing the number of school board members.

Reported the same back with the following amendments:

Page 1, line 21, delete everything after the period

Page 1, delete lines 22 to 25

With the recommendation that when so amended the bill pass and be re-referred to the Committee on General Legislation, Veterans Affairs and Elections.

The report was adopted.

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

H. F. No. 3101, A bill for an act relating to the city of Bemidji; authorizing the city to impose certain taxes.

Reported the same back with the following amendments:

Page 1, line 9, delete "an" and insert "a general"

Page 2, line 12, delete "an" and insert "a general"

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 3103, A bill for an act relating to agriculture; changing food handlers license provisions for first-time and seasonal licenses; amending Minnesota Statutes 1996, section 28A.04, subdivision 1.

Reported the same back with the following amendments:


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6478

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 28A.04, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION; DATE OF ISSUANCE.] (a) No person shall engage in the business of manufacturing, processing, selling, handling, or storing food without having first obtained from the commissioner a license for doing such business. Applications for such license shall be made to the commissioner in such manner and time as required and upon such forms as provided by the commissioner and shall contain the name and address of the applicant, address or description of each place of business, and the nature of the business to be conducted at each place, and such other pertinent information as the commissioner may require.

(b) A retail or wholesale food handler license shall be issued for the period July 1 to June 30 following and shall be renewed thereafter by the licensee on or before July 1 each year, except that licenses for all mobile food concession units and retail mobile units shall be issued for the period April 1 to March 31, and shall be renewed thereafter by the licensee on or before April 1 each year. A license for a food broker or for a food processor or manufacturer shall be issued for the period January 1 to December 31 following and shall be renewed thereafter by the licensee on or before January 1 of each year, except that a license for a wholesale food processor or manufacturer operating only at the state fair or a county fair shall be issued for the period July 1 to June 30 following and shall be renewed thereafter by the licensee on or before July 1 of each year. A penalty for a late renewal shall be assessed in accordance with section 28A.08.

Sec. 2. Minnesota Statutes 1997 Supplement, section 28A.08, subdivision 3, is amended to read:

Subd. 3. [FEES EFFECTIVE JULY 1, 1996.]

Penalties

Type of food handler License Late No

Fee Renewal License

Effective

July 1, 1996

1. Retail food handler

(a) Having gross sales of only prepackaged

nonperishable food of less than $15,000

for the immediatelyprevious license or fiscal

year and filing a statement with the commissioner $ 45 $ 15 $ 25

(b) Having under $15,000 gross sales including

food preparation or having $15,000 to $50,000

gross sales for the immediately previous license

or fiscal year $ 61 $ 15 $ 25

(c) Having $50,000 to $250,000 gross sales for

the immediately previous license or fiscal year $118 $ 35 $ 75

(d) Having $250,000 to $1,000,000 gross sales

for the immediately previous license or fiscal year $202 $ 50 $100

(e) Having $1,000,000 to $5,000,000 gross sales

for the immediately previous license or fiscal year $562 $100 $175

(f) Having $5,000,000 to $10,000,000 gross sales

for the immediately previous license or fiscal year $787 $150 $300

(g) Having over $10,000,000 gross sales for the

immediately previous license or fiscal year $899 $200 $350


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6479

2. Wholesale food handler

(a) Having gross sales or service of less than $25,000

for the immediately previous license or fiscal year $ 50 $ 15 $ 15

(b) Having $25,000 to $250,000 gross sales or service

for the immediately previous license or fiscal year $225 $ 50 $100

(c) Having $250,000 to $1,000,000 gross sales or

service from a mobile unit without a separate food

facility for theimmediately previous license or

fiscal year $337 $ 75 $150

(d) Having $250,000 to $1,000,000 gross sales or

service not covered under paragraph (c) for the

immediately previous license or fiscal year $449 $100 $200

(e) Having $1,000,000 to $5,000,000 gross sales

or service for the immediately previous license or

fiscal year $562 $125 $250

(f) Having over $5,000,000 gross sales for the

immediately previous license or fiscal year $647 $150 $300

3. Food broker $112 $ 30 $ 50

4. Wholesale food processor or manufacturer

(a) Having gross sales of less than $125,000 for the

immediately previous license or fiscal year $150 $ 50 $100

(b) Having $125,000 to $250,000 gross sales for

the immediately previous license or fiscal year $310 $ 75 $150

(c) Having $250,001 to $1,000,000 gross sales for

the immediately previous license or fiscal year $449 $100 $200

(d) Having $1,000,001 to 5,000,000 gross sales for

the immediately previous license or fiscal year $562 $125 $250

(e) Having $5,000,001 to $10,000,000 gross sales

for the immediately previous license or fiscal year $647 $150 $300

(f) Having over $10,000,000 gross sales for the

immediately previous license or fiscal year $900 $200 $350

5. Wholesale food processor of meat or poultry products

under supervision of the U. S. Department of Agriculture

(a) Having gross sales of less than $125,000 for the

immediately previous license or fiscal year $100 $ 25 $ 50

(b) Having $125,000 to $250,000 gross sales for the

immediately previous license or fiscal year $169 $ 50 $ 75


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6480

(c) Having $250,001 to $1,000,000 gross sales for the

immediately previous license or fiscal year $253 $ 75 $125

(d) Having $1,000,001 to $5,000,000 gross sales

for the immediately previous license or fiscal year $310 $ 75 $150

(e) Having $5,000,001 to $10,000,000 gross sales

for the immediately previous license or fiscal year $366 $100 $175

(f) Having over $10,000,000 gross sales for

theimmediately previous license or fiscal year $500 $150 $250

6. Wholesale food processor or manufacturer operating

only at the state fair or a county fair $125 $ 40 $ 50

7. Wholesale food manufacturer having the permission

of the commissioner to use the name Minnesota

Farmstead cheese $ 30 $ 10 $ 15

7 8. Nonresident frozen dairy manufacturer $200 $ 50 $ 75

8 9. Wholesale food manufacturer processing less than

700,000 pounds per year of raw milk $ 30 $ 10 $ 15

9 10. A milk marketing organization without facilities

for processing or manufacturing that purchases milk

frommilk producers for delivery to a licensed

wholesale food processor or manufacturer $ 50 $ 15 $ 25

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to agriculture; changing food handlers license provisions for food processors or manufacturers operating only at the state fair or a county fair; amending Minnesota Statutes 1996, section 28A.04, subdivision 1; Minnesota Statutes 1997 Supplement, section 28A.08, subdivision 3."

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

The report was adopted.

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

H. F. No. 3104, A bill for an act relating to the state lottery; permitting the director to establish a bonus plan for lottery retailers; permitting the lottery to conduct a holiday game; authorizing the lottery to establish an operating reserve account; authorizing the lottery to expend additional funds on advertising; clarifying the lottery conflict of interest; amending Minnesota Statutes 1996, section 349A.06, by adding a subdivision; 349A.09, subdivision 2; 349A.10, subdivision 3; and 349A.11.

Reported the same back with the following amendments:

Page 2, line 16, reinstate the stricken ", or"


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6481

Page 2, line 17, reinstate everything after the stricken "holiday"

Page 3, lines 34 to 36, reinstate the stricken language

Page 4, line 1, reinstate everything before the stricken ", in"

Page 4, line 15, strike "one year" and insert "two years"

Page 4, after line 22, insert:

"Sec. 5. [349A.16] [LOTTERY RETAILER COMMISSIONS.]

The director of the state lottery shall: (1) increase commissions paid to lottery retailers in effect on January 1, 1998, by one-half percent on the price of each ticket sold by each retailer; and (2) provide that each lottery retailer receive a commission of at least one percent on the amount of each winning ticket cashed by that retailer. The director of the state lottery shall periodically review lottery ticket sales and make such adjustments to lottery retailer commission rates as are deemed necessary to maintain appropriate return to the state.

Sec. 6. [EFFECTIVE DATE.]

Sections 1 to 5 are effective the day following final enactment."

Amend the title as follows:

Page 1, line 8, after the semicolon, insert "regulating retailer commissions;"

Page 1, line 11, before the period, insert "; proposing coding for new law in Minnesota Statutes, chapter 349A"

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

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 3138, A bill for an act relating to health; providing for the use of automatic external defibrillators; providing immunity from civil liability; amending Minnesota Statutes 1996, section 604A.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 145.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [145.56] [AUTOMATIC EXTERNAL DEFIBRILLATORS.]

A person who uses an automatic external defibrillator shall notify an emergency medical services system as soon as possible after the use of an automatic external defibrillator. "Automatic external defibrillator" means a medical device heart monitor and defibrillator that:

(1) has received approval of its premarket notification filed pursuant to United State Code, title 21, section 360(k), from the United States Food and Drug Administration;


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6482

(2) is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed;

(3) upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual's heart, or charges and delivers an electrical impulse at the command of the operator; and

(4) in the case of a defibrillator that may be operated in either an automatic or manual mode, is set to operate in the automatic mode.

Sec. 2. Minnesota Statutes 1996, section 604A.01, subdivision 2, is amended to read:

Subd. 2. [GENERAL IMMUNITY FROM LIABILITY.] (a) A person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable for any civil damages as a result of acts or omissions by that person in rendering the emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. This subdivision does not apply to a person rendering emergency care, advice, or assistance during the course of regular employment, and receiving compensation or expecting to receive compensation for rendering the care, advice, or assistance.

(b) For the purposes of this section, the scene of an emergency is an area outside the confines of a hospital or other institution that has hospital facilities, or an office of a person licensed to practice one or more of the healing arts under chapter 147, 147A, 148, 150A, or 153. The scene of an emergency includes areas threatened by or exposed to spillage, seepage, fire, explosion, or other release of hazardous materials, and includes ski areas and trails.

(c) For the purposes of this section, "person" includes a public or private nonprofit volunteer firefighter, volunteer police officer, volunteer ambulance attendant, volunteer first provider of emergency medical services, volunteer ski patroller, and any partnership, corporation, association, or other entity.

(d) For the purposes of this section, "compensation" does not include payments, reimbursement for expenses, or pension benefits paid to members of volunteer organizations.

(e) For purposes of this section, "emergency care or treatment" includes providing emergency medical care or treatment by using or providing an automatic external defibrillator as defined in section 145.56, unless the person on whom the device is to be used objects."

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

The report was adopted.

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

H. F. No. 3140, A bill for an act relating to natural resources; adding to state parks; creating a new recreation area; providing for a state park permit exemption; amending Minnesota Statutes 1996, section 85.054, by adding a subdivision.

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

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6483

Long from the Committee on Taxes to which was referred:

H. F. No. 3145, A bill for an act relating to housing; providing for review of certain allocations and compliance monitoring by the Minnesota housing finance agency; amending Minnesota Statutes 1996, section 462A.223, by adding subdivisions.

Reported the same back with the following amendments:

Page 1, line 24, after the period, insert "Pursuant to the qualified allocation plan, the agency may waive fees imposed for failure to meet the deadlines for submission of required documents."

Page 2, line 6, after "review" insert "documentation related to"

With the recommendation that when so amended the bill pass.

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 3165, A bill for an act relating to housing; providing for certain bond allocations and related matters; amending Minnesota Statutes 1996, sections 474A.045; and 474A.061, subdivisions 1, 2a, and 6; Minnesota Statutes 1997 Supplement, section 474A.091, subdivisions 3 and 6; repealing Minnesota Statutes 1996, section 474A.061, subdivision 3.

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

The report was adopted.

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

H. F. No. 3193, A bill for an act relating to the city of Hutchinson; authorizing the city to impose certain taxes.

Reported the same back with the following amendments:

Page 2, line 35, delete "or special"

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

The report was adopted.

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

H. F. No. 3252, A bill for an act relating to economic development; adding to the powers and duties of the commissioner of trade and economic development; changing reporting requirements for business subsidies; penalizing municipalities that induce businesses to relocate from other Minnesota municipalities; appropriating money; amending Minnesota Statutes 1996, sections 116J.61; 116J.991; and 270.067, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1997 Supplement, sections 469.1813; 469.1814; and 469.1815.

Reported the same back with the following amendments:


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6484

Delete everything after the enacting clause and insert:

"Section 1. [116J.993] [DEFINITIONS.]

Subdivision 1. [SCOPE.] For the purpose of sections 116J.993 to 116J.997, the terms defined in this section have the meanings given them.

Subd. 2. [BENEFIT DATE.] "Benefit date" means the date that the recipient receives the business subsidy. If the business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date begins when the recipient puts the equipment into service. If the business subsidy is for improvements to property, then the benefit date refers to the earliest date of either:

(1) when the improvements are finished for the entire project; or

(2) when a business occupies the property. If a business occupies the property and the subsidy grantor expects that other businesses will also occupy the same property, the grantor may assign a separate benefit date for each business when it first occupies the property.

Subd. 3. [BUSINESS SUBSIDY OR SUBSIDY.] "Business subsidy" or "subsidy" means a state or local government agency grant; contribution of property, infrastructure, or services; any loan at rates below those commercially available to the recipient; any reduction or deferral of any tax or any fee; any guarantee of any payment under any loan, lease, or other obligation; or any preferential use of government facilities given to a business.

The following forms of financial assistance are not a business subsidy:

(1) assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria;

(2) public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made;

(3) redevelopment of blighted buildings or brownfields when the property is sold at 80 percent or more of appraised market value based on comparable property in the local market;

(4) assistance provided for the sole purpose of renovating or bringing up to code old or decaying building stock and when the assistance is matched by the business using private sources;

(5) assistance provided to organizations whose primary mission is to provide job readiness and training services if the sole purpose of the assistance is to provide those services;

(6) assistance for housing;

(7) assistance for pollution control or abatement;

(8) assistance for energy conservation;

(9) assistance awarded through direct and specific legislation;

(10) tax reductions resulting from conformity with federal tax law;

(11) workers' compensation and unemployment compensation;

(12) benefits derived from regulation;

(13) indirect benefits derived from assistance to education institutions; and

(14) a business subsidy of less than $25,000.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6485

Subd. 4. [GRANTOR.] "Grantor" means any state or local government agency with the authority to grant a business subsidy.

Subd. 5. [LOCAL GOVERNMENT AGENCY.] "Local government agency" includes, without limitation, a statutory or home rule charter city, town, county, port authority, and economic development authority.

Subd. 6. [POVERTY LEVEL WAGE.] "Poverty level wage" means compensation on an hourly basis equivalent to 110 percent of the federal poverty threshold for a family of four. Compensation includes wages, scheduled bonuses, health and dental insurance, child care, training programs certified by the commissioner of trade and economic development, and pension benefits.

Subd. 7. [RECIPIENT.] "Recipient" means any for-profit or nonprofit business entity that receives a business subsidy.

Only nonprofit entities with a ratio of highest to lowest paid employee exceeding ten to one are included in this definition.

Subd. 8. [STATE GOVERNMENT AGENCY.] "State government agency" means any state agency or any nonprofit corporation that is created by statute. State government agencies must have the authority to award business subsidies.

Sec. 2. [116J.994] [REGULATING LOCAL AND STATE BUSINESS SUBSIDIES.]

Subdivision 1. [PUBLIC PURPOSE.] A business subsidy must meet at least two of the following public purposes:

(1) enhancing economic diversity;

(2) creating high quality job growth;

(3) providing for job retention, where loss is imminent and demonstrable;

(4) stabilizing the community; and

(5) increasing the tax base.

Subd. 2. [DEVELOPING A SET OF CRITERIA.] A business subsidy may not be granted until the grantor has adopted criteria for awarding business subsidies that comply with this section. The commissioner of trade and economic development may assist local government agencies in developing criteria.

Subd. 3. [SUBSIDY AGREEMENT] (a) A recipient must enter into a subsidy agreement with the grantor of the subsidy that includes:

(1) a description of the subsidy;

(2) a statement of the public purposes for the subsidy;

(3) goals for the subsidy;

(4) a description of the financial obligation of the recipient if the goals are not met; and

(5) a statement of why the subsidy is needed.

(b) An agreement must structure grants as forgivable loans, provided that if a business subsidy cannot be structured as a forgivable loan, the agreement must state the fair market value of the subsidy to the recipient, including the value of conveying property at less than a fair market price, or other in-kind benefits to the recipient.

(c) If a business subsidy benefits more than one recipient, the grantor must assign a proportion of the business subsidy to each recipient that signs a subsidy agreement. The proportion assessed to each recipient must reflect a reasonable estimate of the recipient's share of the total benefits of the project.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6486

The state or local government agency and the recipient must both sign the subsidy agreement and, if the grantor is a local government agency, the agreement must be approved by a local government agency's governing body.

Subd. 4. [WAGE AND JOB GOALS] The subsidy agreement, in addition to any other goals, must include:

(1) goals for the number of jobs created, which may include separate goals for the number of part-time or full-time jobs, or, in cases where job loss is imminent and demonstrable, goals for the number of jobs retained; and

(2) wage goals for the jobs created or retained. Large employers that receive business subsidies must pay at least poverty level wages for at least 90 percent of all new jobs created as a result of the business subsidy. For purposes of this subdivision, "large employer" has the meaning given it by section 177.24, subdivision 1.

In addition to other specific goal time frames, the wage and job goals must contain specific goals to be attained and maintained by two years of the benefit date.

Subd. 5. [PUBLIC NOTICE AND HEARING.] (a) Before granting a business subsidy that exceeds $500,000 for a state government grantor and $100,000 for a local government grantor, the grantor must provide public notice and a hearing on the subsidy. Hearings for local government business subsidies must be held by the corresponding locally elected body.

(b) Public notice of a proposed subsidy must be published in a local newspaper of general circulation and must identify the location at which information about the business subsidy, including a copy of the subsidy agreement, is available. Published notice should be sufficiently conspicuous in size and placement so as to distinguish the notice from the surrounding text. The grantor must make the information available in printed paper copies and, if possible, on the Internet. The government agency must provide at least a 30-day notice for the public hearing.

(c) The public notice must include the date, time, and place of the hearing.

Subd. 6. [FAILURE TO MEET GOALS.] The subsidy agreement must specify the recipient's obligation if the recipient does not fulfill the agreement. At a minimum, the agreement must require a recipient failing to meet subsidy agreement goals to pay back the assistance plus interest, provided that repayment may be prorated to reflect partial fulfillment of goals. The interest rate must be set at the implicit price deflator defined under section 275.70, subdivision 2.

A recipient that fails to meet the terms of a subsidy agreement may not receive a business subsidy for a period of five years from the date of failure.

Subd. 7. [REPORTS BY RECIPIENTS TO GRANTORS.] (a) A business subsidy grantor must monitor the progress by the recipient in achieving agreement goals.

(b) A recipient must provide information regarding goals and results requested by the form including, without limitation:

(1) the type, public purpose, and amount of subsidies;

(2) the jobs created by job title;

(3) the hours worked and hourly wage of each job created; and

(4) a description of benefits provided for each job created.

(c) A recipient shall file with the grantor:

(1) a progress report by January 10 of each year for the previous year; and

(2) a progress report within 30 days after the deadline of meeting agreement goals.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6487

If the recipient does not submit its report, the local government agency must mail the recipient a warning on January 10. If after 14 days of the postmarked day of the warning, the recipient fails to provide a report, then a penalty of $100 per day applies until the report is filed.

Subd. 8. [GOVERNMENT REPORTS.] (a) Each subsidy grantor must report the wage and job goals and the results for each subsidy in achieving those goals to the department of trade and economic development.

(b) At a minimum, the items in each report must include:

(1) the name of the recipient and grantor;

(2) the amount of subsidies by type and public purpose;

(3) the number of part-time and full-time jobs created by separate occupational categories;

(4) the number of full-time and part-time jobs created within separate bands of wages;

(5) the benefits paid, separate from wages paid, and listed by separate bands of wages;

(6) the date when the goals will be reached;

(7) whether the goals have been reached;

(8) whether or not the financial obligation for noncompliance with the business subsidy is being enforced;

(9) the person filling out the form; and

(10) a contact person with a telephone number and the date on which the form was completed.

(c) The commissioner of trade and economic development must coordinate the production of reports so that useful comparisons across time periods and across grantors can be made. The commissioner may add other information to the report as the commissioner deems necessary to evaluate business subsidies.

(d) State and local government agencies, regardless of whether they awarded any business subsidies, must file the report required by this subdivision with the commissioner by February 1 of each year. If the commissioner has not received the report by that date, the commissioner shall issue a warning to the government agency. If the commissioner has not received a report by May 1 of the same year, then the government agency may not grant any business subsidy until it complies with the law.

(e) The commissioner of trade and economic development must provide information and training on reporting requirements to state and local government agencies.

Subd. 9. [COMPILATION AND SUMMARY REPORT.] The department must publish a compilation and summary of the results of the reports for the previous calendar year by June 1 of each year. The reports of the government agencies to the department and the compilation and summary report of the department must be made available to the public.

Among the information in the summary and compilation report, the commissioner must include:

(1) total amount of subsidies awarded in each development region of the state;

(2) distribution of business subsidy amounts by size of the business subsidy;

(3) distribution of business subsidy amounts by time category, such as monthly or quarterly;

(4) distribution of subsidies by type and by public purpose;


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6488

(5) percent of all business subsidies that reached their goals;

(6) percent of business subsidies that did not reach their goals by two years from the benefit date;

(7) total dollar amount of business subsidies that did not meet their goals after two years from the benefit date;

(8) percent of subsidies that did not meet their goals and that did not receive repayment;

(9) number of full-time and part-time jobs within separate bands of wages; and

(10) benefits paid within separate bands of wages.

Subd. 10. [AUTHORITY TO AUDIT REPORTS.] The commissioner may audit individual recipients and government agencies to verify that the reports have been filled out properly.

Sec. 3. [116J.995] [RECONVENE.]

The corporate subsidy reform commission shall reconvene in June of 1998 to determine whether the following forms of financial assistance constitute business subsidies:

(1) assistance for housing;

(2) assistance for pollution control or abatement;

(3) assistance for energy conservation;

(4) assistance awarded through direct and specific legislation;

(5) tax reductions resulting from conformity with federal tax law;

(6) workers' compensation and unemployment compensation; and

(7) benefits derived from assistance to education institutions.

Also, the commission will determine whether the legislature requires an independent cost-benefit analysis for direct and specific legislation. The commission shall report to the legislature by December 18, 1998.

Sec. 4. [116J.996] [ECONOMIC GRANTS.]

An appropriation rider in an appropriation to the department of trade and economic development that specifies that the appropriation be granted to a particular business or class of businesses must contain a statement of the expected benefits associated with the grant. At a minimum, the statement must include goals for the number of jobs created, wages paid, and the tax revenue increases due to the grant.

Sec. 5. [116J.997] [PENALTY FOR BIDDING BETWEEN LOCAL GOVERNMENT AGENCIES.]

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

(b) "Expected payroll" means the average payroll of the business paid in the three years before the raid. If the business was not in operation at the old site for more than three years, then the expected payroll shall equal the annual average payroll over the time period that the business operated at the site.

(c) "Municipality" means a statutory or home rule charter city, town, or, in the case of unincorporated territory, a county.

(d) "Raids" means that a local government agency has offered a business subsidy and the subsidy is the primary reason a business has moved from one municipality to another.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6489

Subd. 2. [PENALTY.] Any municipality that raids a business must pay the municipality from which the business relocated. For purposes of this section, the payment obligation equals ten percent of expected payroll for a period of five years. If the business does not disclose its payroll, then the municipality from which the business relocated may estimate the loss in payroll with a survey.

Subd. 3. [ARBITRATION.] If municipalities are unable to agree on the existence of, or amount of, an obligation under this section, the municipalities must submit the matter to binding arbitration in accordance with sections 572.08 to 572.30 and the rules of the American Arbitration Association. Within 30 days, each municipality must select an arbitrator or agree upon a single arbitrator. If the parties each select an arbitrator, the two arbitrators shall select a third arbitrator within 45 days after the demand for arbitration. Each party must pay the fees and expenses of the arbitrator it selected and the parties must share equally the expenses of the third arbitrator or an arbitrator agreed upon mutually by the parties.

Sec. 6. Minnesota Statutes 1996, section 270.067, subdivision 4, is amended to read:

Subd. 4. [CONTENTS.] The report shall detail for each tax expenditure item the amount of tax revenue foregone, a citation of the statutory or other legal authority for the expenditure, and the year in which it was enacted or the tax year in which it became effective. The report may contain additional information which the commissioner considers relevant to the legislature's consideration and review of individual tax expenditure items. This may must include, but is not limited to, statements of the intended public purpose of the tax expenditure, analysis of whether the expenditure is achieving that objective, and the effect of the expenditure device on the distribution of the tax burden and administration of the tax system.

Sec. 7. [STUDY OF TAX EXPENDITURES.]

The legislative auditor is requested to conduct a study of selected tax expenditures evaluating each program for its public purpose and effectiveness.

Sec. 8. [APPROPRIATION.]

$. . . . . . . . . . . . . is appropriated from the general fund in fiscal year 1999 to the commissioner of trade and economic development to carry out the commissioner's duties under Minnesota Statutes, sections 116J.993 to 116J.996.

Sec. 9. [REPEALER.]

Minnesota Statutes 1996, section 116J.991, is repealed."

Delete the title and insert:

"A bill for an act relating to economic development; regulating local and state business subsidies; appropriating money; amending Minnesota Statutes 1996, section 270.067, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1996, section 116J.991."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development and International Trade.

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 3258, A resolution memorializing the Congress of the United States to remove Medicaid policy barriers to employment for people with disabilities.

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

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6490

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

H. F. No. 3275, A bill for an act relating to game and fish; requiring a selection of five percent of moose licenses each year to be made from previously unsuccessful applicants; amending Minnesota Statutes 1996, section 97A.431, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 21, delete "15" and insert "ten"

Page 1, line 25, delete "15" and insert "ten"

Page 2, line 6, delete "15" and insert "ten"

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

The report was adopted.

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

H. F. No. 3297, A bill for an act relating to the environment; clarifying time for filing an action under MERLA; amending Minnesota Statutes 1996, section 115B.11.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 3318, A bill for an act relating to agriculture; appropriating money for a regional studies center at Southwest State University.

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

The report was adopted.

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

H. F. No. 3320, A bill for an act relating to agriculture; establishing a moratorium on the construction of certain large livestock feedlots.

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

The report was adopted.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6491

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

H. F. No. 3421, A bill for an act relating to agriculture; limiting certain animal feedlots and feedlot practices; providing for preparation of a generic environmental impact statement on the long-term effects of the livestock industry; creating a livestock industry environmental steering committee; appropriating money; amending Minnesota Statutes 1996, section 116.07, by adding subdivisions.

Reported the same back with the following amendments:

Page 1, line 25, delete "Any existing structure must be"

Page 1, line 26, delete "replaced prior to June 30, 2001."

Page 2, line 13, delete "two members" and insert "one member"

Page 2, line 14, delete "and"

Page 2, after line 14, insert:

"(6) one member of the house of representatives appointed by the minority leader;"

Page 2, line 15, delete "(6) two members" and insert "(7) one member"

Page 2, line 16, before the period, insert "; and

(8) one member of the senate appointed by the minority leader"

Page 2, line 29, delete "livestock industry environmental steering"

Page 2, line 30, delete "committee" and insert "environmental quality board"

Page 3, line 25, after the second "the" insert "environmental quality board and the"

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 3441, A bill for an act relating to animal feedlots; requiring licenses; creating and funding a cleanup fund; limiting issuance of certain permits; requiring an inventory and review; providing for assistance in adoption, review, and update of feedlot ordinances; requiring a generic environmental impact statement on feedlots; appropriating money; amending Minnesota Statutes 1996, section 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116; proposing coding for new law as Minnesota Statutes, chapter 18G.

Reported the same back with the following amendments:

Page 1, line 23, delete "management"

Page 4, line 5, delete "LICENSE"


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6492

Page 5, line 19, delete "PROHIBITED PERMITS" and insert "PERMIT REQUIREMENTS" and before "Neither" insert "(a)"

Page 5, line 24, delete "would operate with" and insert "has a design capacity of"

Page 5, line 25, delete "requester already has a permit" and insert "permit issued is an Individual National Pollutant Discharge Elimination System (NPDES) permit as required"

Page 5, after line 26, insert:

"(b) Paragraph (a) does not prohibit the issuance of a permit for the construction of a clay, earthen, or plastic lined animal waste lagoon if the feedlot has a design capacity of 750 animal units or less and is part of the animal waste management facility for a dairy operation.

(c) Existing animal feedlots having a design capacity of 1,000 animal units or more must be brought into compliance with the requirement for a General National Pollutant Discharge Elimination System (NPDES) permit as required under the federal Clean Water Act."

Page 5, line 34, after "capacity" insert "for feedlots having a design capacity of 750 animal units or more"

Page 6, line 18, after "agriculture" insert ", in cooperation with the commissioner of the pollution control agency,"

Page 6, line 21, after the period, insert "The pollution control agency shall design the inventory, design the methodology for conducting the inventory, and determine the requirements for county feedlot programs to conduct the inventory within their jurisdiction. The agency shall also provide training and oversight to ensure that state guidelines and requirements are met."

Page 6, line 27, delete "or" and insert "and" and after "conditions" insert "and applicable laws, rules, and ordinances"

Page 6, line 29, after "the" insert "livestock and the"

Page 6, line 32, after "agriculture" insert ", in cooperation with the commissioner of the pollution control agency,"

Page 7, line 15, delete "may" and insert "shall"

Page 7, line 16, delete "or" and insert "and"

Page 8, after line 20, insert:

"Sec. 13. [APPROPRIATION; FEEDLOT COMPLIANCE GRANTS AND LOANS.]

(a) $12,000,000 is appropriated from the general fund to the commissioner of agriculture for feedlot compliance grants and loans.

(b) Of the appropriation in paragraph (a), $6,000,000 is for grants of up to 75 percent of the direct cost of upgrading existing feedlots into compliance with state and local feedlot rules. To be eligible for a grant under this section the feedlot:

(1) must have been identified in the county-by-county inventory of existing feedlots conducted under section 8;

(2) must be out of compliance with feedlot rules;

(3) must have a design capacity of 500 animal units or less prior to the compliance upgrade; and

(4) must have a final design capacity of 500 animal units or less after the compliance upgrade.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6493

(c) Of the appropriation in paragraph (a), $6,000,000 is for loans for feedlot compliance upgrades under the agricultural best management practices loan program in Minnesota Statutes, section 17.117.

(d) The appropriations in this section are available until June 30, 1999.

Sec. 14. [APPROPRIATION; VALUE-ADDED AGRICULTURAL PRODUCT REVOLVING FUND.]

$250,000 is appropriated from the general fund to the value-added agricultural product revolving fund under Minnesota Statutes, section 41B.046.

Sec. 15. [APPROPRIATIONS; PARATUBERCULOSIS.]

$40,000 in fiscal year 1998 and $160,000 in fiscal year 1999 is appropriated from the general fund to the board of animal health to expand the program for the control of paratuberculosis ("Johne's disease") in domestic bovine herds. These appropriations are in addition to the appropriations for the same purposes in Laws 1997, chapter 216, section 8."

Delete the title and insert:

"A bill for an act relating to agriculture; requiring animal waste technician licenses; creating and funding an animal feedlot cleanup fund; limiting issuance of certain animal feedlot permits; requiring animal feedlot inventory and review; providing for assistance in adoption, review, and update of feedlot ordinances; requiring a generic environmental impact statement on feedlots; providing for feedlot compliance grants; increasing the value-added agricultural product revolving fund; expanding the paratuberculosis control program; appropriating money; amending Minnesota Statutes 1996, section 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116; proposing coding for new law as Minnesota Statutes, chapter 18G."

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

The report was adopted.

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

H. F. No. 3448, A bill for an act relating to natural resources; appropriating money to the board of water and soil resources for management of small nonindustrial private forest lands.

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

The report was adopted.

Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:

S. F. No. 2111, A bill for an act relating to game and fish; modifying restrictions on fish houses; modifying the license period for fish house licenses; amending Minnesota Statutes 1996, section 97C.355, subdivision 7; Minnesota Statutes 1997 Supplement, section 97A.411, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 25, before the period, insert "and the angling license of the fish house licensee is extended through March 1"


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6494

Page 2, after line 30, insert:

"Sec. 3. [EXTENDING CERTAIN ANGLING SEASONS.]

Notwithstanding Minnesota Statutes, sections 97C.345, subdivisions 1 and 2, paragraph (b), 97C.371, subdivision 4, and 97C.395, subdivision 1, paragraph (a), clause (1), the 1997-1998 angling season for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth bass and the 1997-1998 spearing season for roughfish, catfish, lake whitefish, and northern pike is extended through March 1, 1998, except that no spearing will be permitted on Cass lake, Beltrami and Cass counties, during this extension. The commissioner of natural resources by order may close the season in all or parts of the state before March 1, 1998, if the commissioner finds it necessary for protection of the resource or public safety. Such an order is effective upon filing with the secretary of state. The rulemaking provisions of Minnesota Statutes, chapter 14, section 84.027, subdivision 13, and sections 97A.0451 to 97A.0459, do not apply to this section."

Page 2, line 32, delete "and 2" and insert "to 3"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "extending certain angling seasons in 1998;"

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 381, 1895, 2333, 2486, 2510, 2526, 2630, 2635, 2688, 2849, 2897, 2935, 3071, 3081, 3145, 3165 and 3258 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 1440 and 2111 were read for the second time.

SUSPENSION OF RULES

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Anderson, I., moved that the rule therein be suspended and an urgency be declared so that S. F. No. 2111 be given its third reading and be placed upon its final passage. The motion prevailed.

Anderson, I., moved that the Rules of the House be so far suspended that S. F. No. 2111 be given its third reading and be placed upon its final passage. The motion prevailed.

S. F. No. 2111, A bill for an act relating to game and fish; modifying restrictions on fish houses; modifying the license period for fish house licenses; amending Minnesota Statutes 1996, section 97C.355, subdivision 7; Minnesota Statutes 1997 Supplement, section 97A.411, subdivision 1.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6495

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

Those who voted in the affirmative were:

Abrams Entenza Juhnke Mariani Pawlenty Stang
Anderson, B. Erhardt Kahn Marko Paymar Sviggum
Anderson, I. Erickson Kalis McCollum Pelowski Swenson, H.
Bakk Evans Kelso McElroy Peterson Sykora
Bettermann Finseth Kielkucki McGuire Pugh Tingelstad
Biernat Folliard Knight Milbert Rest Tomassoni
Bishop Garcia Knoblach Molnau Reuter Tompkins
Boudreau Greiling Koskinen Mullery Rhodes Tuma
Bradley Gunther Kraus Munger Rifenberg Tunheim
Broecker Haas Krinkie Murphy Rostberg Van Dellen
Carlson Harder Kubly Ness Rukavina Vandeveer
Chaudhary Hasskamp Kuisle Nornes Schumacher Wagenius
Clark, J. Hausman Larsen Olson, E. Seagren Weaver
Clark, K. Hilty Leighton Olson, M. Seifert Wejcman
Daggett Holsten Leppik Opatz Sekhon Wenzel
Davids Huntley Lieder Orfield Skare Westfall
Dawkins Jaros Lindner Osskopp Skoglund Winter
Dehler Jefferson Long Osthoff Slawik Wolf
Delmont Jennings Macklin Otremba, M. Smith Workman
Dempsey Johnson, A. Mahon Ozment Solberg Spk. Carruthers
Dorn Johnson, R. Mares Paulsen Stanek

The bill was passed and its title agreed to.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Westfall and Hausman introduced:

H. F. No. 3551, A bill for an act relating to health; expanding the living-at-home/block nurse program; appropriating money; amending Minnesota Statutes 1997 Supplement, section 256B.0917, subdivision 8.

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

Mullery and Dawkins introduced:

H. F. No. 3552, A bill for an act relating to education; providing for the increase of women graduates in nontraditional occupations; appropriating money for training for low-income students.

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

Olson, M.; Lindner and Anderson, B., introduced:

H. F. No. 3553, A bill for an act relating to the environment; providing for allocation of certain revenues dedicated to the Minnesota environment and natural resources trust fund; amending Minnesota Statutes 1996, section 116P.04, subdivision 5, and by adding a subdivision.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6496

Olson, M.; Lindner and Anderson, B., introduced:

H. F. No. 3554, A bill for an act relating to education; requiring the content of the graduation rule to ensure that students satisfactorily complete applicable requirements; establishing a task force to examine social promotion; appropriating money; amending Minnesota Statutes 1997 Supplement; section 121.11, subdivision 7c.

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

Olson, M.; Lindner and Anderson, B., introduced:

H. F. No. 3555, A bill for an act relating to education; modifying declining pupil unit aid for fiscal year 1998; amending Laws 1997, First Special Session chapter 4, article 4, section 34.

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

Hausman introduced:

H. F. No. 3556, A bill for an act relating to taxation; providing a sales tax exemption for materials used in construction of an arena at the RiverCentre complex in the city of St. Paul; amending Minnesota Statutes 1996, section 297A.25, by adding a subdivision.

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

Greenfield, Huntley and Johnson, R., introduced:

H. F. No. 3557, A bill for an act relating to human services; providing general assistance medical care coverage for victims of torture; amending Minnesota Statutes 1997 Supplement, section 256D.03, subdivision 3.

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

Ness introduced:

H. F. No. 3558, A bill for an act relating to education; providing for protection of retirement benefits for certain Ridgewater college employees.

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

Otremba, M., introduced:

H. F. No. 3559, A bill for an act relating to appropriations; appropriating money for the Sauk River Dam.

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

Clark, K., introduced:

H. F. No. 3560, A bill for an act relating to data practices; making public the names of elected officials who register property complaints; amending Minnesota Statutes 1996, section 13.44.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6497

Murphy, Solberg, Pugh and Broecker introduced:

H. F. No. 3561, A bill for an act relating to corrections; authorizing the commissioner of corrections to contract with counties for placing juveniles in the serious/chronic program, PREPARE; amending Minnesota Statutes 1996, section 242.32, subdivision 1.

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

Murphy, Solberg, McGuire and Stanek introduced:

H. F. No. 3562, A bill for an act relating to witnesses; providing who shall be responsible for the budget for witness fees; amending Minnesota Statutes 1996, sections 357.22; and 357.24.

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

Murphy, McGuire, Solberg, Pugh and Stanek introduced:

H. F. No. 3563, A bill for an act relating to courts; updating the law governing court administrators; amending Minnesota Statutes 1996, section 485.018, subdivision 2; repealing Minnesota Statutes 1996, sections 357.07; and 485.018, subdivisions 1 and 4.

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

Finseth, Stang and Schumacher introduced:

H. F. No. 3564, A bill for an act relating to transportation; redefining road or highway; imposing requirements and restrictions on transportation expenditures from the trunk highway fund and general fund; establishing spending goals for transportation; requiring expenditures for operations of the state patrol to be from the general fund; specifying compensation to be included in prevailing wage rate; providing for periodic adjustments in motor fuel tax rate; authorizing issuance of bonds for local bridge replacement and reconstruction; appropriating money; amending Minnesota Statutes 1996, sections 160.02, subdivision 7, and by adding a subdivision; 161.04, by adding a subdivision; 174.01, by adding a subdivision; 174.02, by adding a subdivision; 177.42, subdivision 6; 299D.01, by adding a subdivision; and 299D.03, subdivision 5.

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

Trimble introduced:

H. F. No. 3565, A bill for an act relating to housing; providing funding to retain certain federally assisted affordable housing; providing for affordable rental housing; appropriating money; amending Minnesota Statutes 1997 Supplement, section 462A.05, subdivision 39.

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

Trimble introduced:

H. F. No. 3566, A bill for an act relating to retirement; closing St. Paul teachers retirement fund association to new members and providing coverage for new hirees by the teachers retirement association; amending Minnesota Statutes 1996, sections 354.05, subdivision 2; and 354A.011, subdivision 27; proposing coding for new law in Minnesota Statutes, chapter 354A.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6498

Kubly introduced:

H. F. No. 3567, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for a wastewater treatment facility in Renville.

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

Greenfield; Wejcman; Clark, K., and Trimble introduced:

H. F. No. 3568, A bill for an act relating to health; adding interpreter services as covered benefit under the MinnesotaCare program; amending Minnesota Statutes 1997 Supplement, section 256L.03, by adding a subdivision.

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

Van Dellen introduced:

H. F. No. 3569, A bill for an act relating to education; requiring school districts to charge the same student fees to participate in an extracurricular activity; requiring school boards to allow students to participate equally in extracurricular activities; amending Minnesota Statutes 1996, sections 120.73, subdivision 1; and 123.38, subdivision 2b.

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

Mullery introduced:

H. F. No. 3570, A bill for an act relating to economic security; appropriating money for certain programs for the blind.

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

Schumacher, Tunheim, Tomassoni, Mares and Sviggum introduced:

H. F. No. 3571, A bill for an act relating to education; providing funding for the three additional days of student instruction mandated for the 1998-1999 school year; appropriating money.

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

Bakk; Rukavina; Solberg; Anderson, I., and Tomassoni introduced:

H. F. No. 3572, A bill for an act relating to natural resources; modifying provisions for a timber permit extension; amending Minnesota Statutes 1996, section 90.193.

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

Tunheim, Tomassoni and Johnson, A., introduced:

H. F. No. 3573, A bill for an act relating to education; repealing the mandate for three additional days of student instruction; repealing Minnesota Statutes 1997 Supplement, section 120.1015.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6499

Tomassoni, Rukavina, Bakk and Solberg introduced:

H. F. No. 3574, A bill for an act relating to liquor; allowing the commissioner of public safety to issue on-sale licenses to Giants Ridge and Ironworld Discovery Center; amending Minnesota Statutes 1996, section 340A.404, by adding a subdivision.

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

Johnson, A., introduced:

H. F. No. 3575, A bill for an act relating to taxation; exempting ready-mixed concrete trucks from the sales tax on motor vehicles; providing that ready-mixed concrete trucks are capital equipment for purposes of the sales; defining sales price for purposes of ready-mixed concrete sales; amending Minnesota Statutes 1996, section 297A.01, subdivision 8; Minnesota Statutes 1997 Supplement, sections 297A.01, subdivision 16; 297A.25, subdivision 9; and 297B.03.

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

Hasskamp, McCollum and Rostberg introduced:

H. F. No. 3576, A bill for an act relating to veterans; authorizing placement of a plaque in the court of honor to memorialize veterans wounded in combat.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Delmont, Koskinen and Otremba, M., introduced:

H. F. No. 3577, A bill for an act relating to human services; clarifying the rehabilitative and therapeutic services covered under medical assistance; amending Minnesota Statutes 1996, section 256B.0625, by adding a subdivision; repealing Minnesota Statutes 1996, section 256B.0625, subdivisions 8 and 8a.

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

Dawkins, Rest, Winter and Ozment introduced:

H. F. No. 3578, A bill for an act relating to income taxation; providing for a state working family credit; amending Minnesota Statutes 1996, section 290.0671, by adding subdivisions; Minnesota Statutes 1997 Supplement, section 290.0671, subdivision 1.

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

Long; Wagenius; Olson, E., and Johnson, A., introduced:

H. F. No. 3579, A bill for an act relating to taxation; clarifying the taxes included in the moratorium on collection of taxes for solid waste management services; amending Laws 1997, chapter 231, article 13, section 19.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6500

Greenfield, Mulder, Kalis, Koskinen and Evans introduced:

H. F. No. 3580, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a section to article XI; establishing the children's endowment fund; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Solberg and Anderson, I., introduced:

H. F. No. 3581, A bill for an act relating to human services; increasing the number of demonstration sites for people with disabilities; amending Minnesota Statutes 1997 Supplement, section 256B.77, subdivision 5, and by adding a subdivision.

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

Gunther introduced:

H. F. No. 3582, A bill for an act relating to local government; permitting the appointment of the Martin county auditor/treasurer.

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

Bakk, Hausman, Solberg and Sekhon introduced:

H. F. No. 3583, A bill for an act relating to natural resources; appropriating money to the Minnesota forest resources council for implementation of timber harvesting guidelines and recommendations.

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

Erickson introduced:

H. F. No. 3584, A bill for an act relating to tax increment financing; allowing the city of Milaca to spend increment outside of a district.

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

Hasskamp, Long, Erhardt and Olson, E., introduced:

H. F. No. 3585, A bill for an act relating to taxation; property; modifying the senior citizens' property tax deferral program; amending Minnesota Statutes 1997 Supplement, sections 290B.03, subdivision 1; 290B.04, subdivisions 1, 3, and by adding a subdivision; 290B.05, subdivisions 1, 2, and 4; 290B.06; 290B.07; 290B.08, subdivision 2; and 290B.09, subdivision 1.

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

Chaudhary introduced:

H. F. No. 3586, A bill for an act relating to corrections; prohibiting bodybuilding and weightlifting equipment in state correctional facilities; proposing coding for new law in Minnesota Statutes, chapter 243.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6501

Trimble and Rostberg introduced:

H. F. No. 3587, A bill for an act relating to economic security; appropriating money for training for people with disabilities.

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

Schumacher, Bettermann, Opatz and Ness introduced:

H. F. No. 3588, A bill for an act relating to education; increasing the general education formula allowance; offsetting operating referenda; increasing operating referenda equalization aid; appropriating money; amending Minnesota Statutes 1996, section 124A.03, subdivisions 1b, 1f, and 3c; Minnesota Statutes 1997 Supplement, sections 124A.03, subdivision 1c; and 124A.22, subdivision 2.

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

Huntley, Boudreau and Slawik introduced:

H. F. No. 3589, A bill for an act relating to human services; appropriating money to assist deaf-blind persons.

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

Dawkins introduced:

H. F. No. 3590, A bill for an act relating to crime prevention; expressly approving an addition to the sentencing guidelines commentary.

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

Tuma and Anderson, B., introduced:

H. F. No. 3591, A bill for an act relating to natural resources; providing that the department of natural resources may not acquire property by prescriptive easement; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Kraus, McElroy, Harder, Seagren and Seifert introduced:

H. F. No. 3592, A bill for an act relating to taxation; changing the rate of the sales and use tax and the sales tax on motor vehicles; amending Minnesota Statutes 1996, section 297A.02, subdivision 1.

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

Larsen, Kalis and Solberg introduced:

H. F. No. 3593, A bill for an act relating to the Minnesota housing finance agency; making permanent a temporary provision about the agency's meetings; amending Laws 1997, chapter 154, section 5.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6502

Long, Kahn and Abrams introduced:

H. F. No. 3594, A bill for an act relating to local government; extending the application of the law forbidding certain gifts to certain local officials; amending Minnesota Statutes 1996, section 471.895, subdivision 1.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Long, Chaudhary, Slawik, Folliard and Dawkins introduced:

H. F. No. 3595, A bill for an act relating to taxation; providing for calculation of rent constituting property taxes; amending Minnesota Statutes 1997 Supplement, section 290A.03, subdivisions 11 and 13.

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

Long, Munger, Jennings, Dorn and Tunheim introduced:

H. F. No. 3596, A bill for an act relating to education; changing the calculation of student financial aid by excluding a portion of any Pell grant; appropriating money; amending Minnesota Statutes 1997 Supplement, section 136A.121, subdivision 5.

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

Gunther, Tomassoni and Tunheim introduced:

H. F. No. 3597, A bill for an act relating to commerce; requiring all individuals 27 years of age and younger who wish to purchase tobacco products to show proof of age; requiring local governments to meet certain criteria when conducting compliance checks of retail establishments that sell tobacco; amending Minnesota Statutes 1997 Supplement, section 461.12, subdivisions 3, 5, and by adding a subdivision.

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

Kinkel introduced:

H. F. No. 3598, A bill for an act relating to taxation; property; eliminating certain requirements for classification as commercial seasonal residential recreational property; amending Minnesota Statutes 1997 Supplement, section 273.13, subdivisions 22 and 25, as amended.

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

Erickson introduced:

H. F. No. 3599, A bill for an act relating to local government; permitting a time extension for commencement of activities in a tax increment financing district in the city of Onamia.

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

Harder introduced:

H. F. No. 3600, A bill for an act relating to education; modifying referendum authority for independent school district No. 2862, Jackson County Central.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6503

Solberg introduced:

H. F. No. 3601, A bill for an act relating to the organization and operation of state government; modifying provisions relating to state government operations; modifying budget preparation provisions; amending Minnesota Statutes 1996, sections 3.3005, by adding a subdivision; 16A.055, subdivision 6; 16A.10, as amended; 16A.102, subdivisions 1 and 2; 16A.105; 16A.11, subdivisions 3 and 3a; 16A.501; 16A.72; 16B.04, subdivision 4; 16B.30; 17.03, subdivision 11; 43A.04, subdivision 1a; 45.012; 84.027, subdivision 14; 116.03, subdivision 2a; 116J.011; 144.05, subdivision 2; 174.02, subdivision 1a; 175.001, subdivision 6; 190.09, subdivision 2; 196.05, subdivision 2; 216A.07, subdivision 6; 268.0122, subdivision 6; 270.02, subdivision 3a; 299A.01, subdivision 1a; and 363.05, subdivision 3; Minnesota Statutes 1997 Supplement, sections 3.986, subdivisions 2 and 4; 3.987, subdivisions 1 and 2; 3.988, subdivision 3; 3.989, subdivision 2; 16A.103, subdivision 1; 16A.11, subdivision 1; 16A.641, subdivision 4; 120.0111; 241.01, subdivision 3b; 245.03, subdivision 2; and 273.1398, subdivision 8; Laws 1997, chapter 202, article 1, section 35, as amended; repealing Minnesota Statutes 1996, sections 3.971, subdivision 3; 15.90; 15.91; 15.92; Minnesota Statutes 1997 Supplement, sections 3.987, subdivision 3; 3.989, subdivisions 1, 3, and 4; 14.431; 16A.11, subdivisions 3b and 3c; and 241.015.

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

Long; Abrams; Wejcman; Clark, K., and Ozment introduced:

H. F. No. 3602, A bill for an act relating to the Minneapolis community development agency; authorizing the establishment of a phased redevelopment tax increment financing district for the Sears project; extending the term of the district; defining as a qualifying activity the removal of hazardous substances; reducing the original local net tax capacity of the district to zero; clarifying that revenues expended pursuant to the requirements of the neighborhood revitalization program constitute a local contribution.

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

Dempsey, Macklin, Long and Olson, E., introduced:

H. F. No. 3603, A bill for an act relating to the city of Red Wing; allowing a 1998 levy limit adjustment for certain payments in lieu of tax.

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

Schumacher, Opatz and Dehler introduced:

H. F. No. 3604, A bill for an act relating to appropriations; requiring Benton county to apportion reimbursement for liability among local units of government.

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

Anderson, B.; Schumacher; Olson, M., and Munger introduced:

H. F. No. 3605, A bill for an act relating to drainage; allowing transfer of access easements from drainage systems to storm sewer improvement districts; proposing coding for new law in Minnesota Statutes, chapter 103E.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6504

Evans; Clark, K.; Kubly; Olson, M., and Gunther introduced:

H. F. No. 3606, A bill for an act relating to the housing finance agency; extending the availability of equity take-out loans; amending procedures for the allocation of low-income housing tax credits; permitting allocation of the housing pool to senior rental housing if it is federally assisted; requiring an impact statement and a hearing before an owner terminates participation in a federally assisted rental housing program; permitting a local government to require relocation assistance for certain tenants; appropriating money; amending Minnesota Statutes 1996, sections 462A.222, subdivision 3; and 474A.061, subdivision 2a; Minnesota Statutes 1997 Supplement, section 462A.05, subdivision 39; proposing coding for new law in Minnesota Statutes, chapter 471.

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

Seifert introduced:

H. F. No. 3607, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the Southwest Minnesota Regional Performance Center in Marshall.

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

Biernat introduced:

H. F. No. 3608, A bill for an act relating to education; repealing the Minnesota education finance act of 1992; repealing Minnesota Statutes 1996, sections 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; and 124A.73; Minnesota Statutes 1997 Supplement, section 124A.711, subdivision 2; and Laws 1992, chapter 499, article 7, section 31.

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

Long, Opatz and Larsen introduced:

H. F. No. 3609, A bill for an act relating to community-based planning; amending goals; providing for notification; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 4A.08; 4A.09; 394.232, subdivisions 2, 3, and by adding a subdivision; and 462.3535, subdivision 2, and by adding subdivisions; Laws 1997, chapter 202, article 4, section 13, subdivision 7; repealing Minnesota Statutes 1997 Supplement, section 4A.10.

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

Carruthers, Kelso, Entenza, Schumacher and Otremba, M., introduced:

H. F. No. 3610, A bill for an act relating to education; providing funding to implement Minnesota's graduation standards; enhancing funding to implement the graduation rule; appropriating money; amending Minnesota Statutes 1996, section 124A.22, by adding a subdivision; Minnesota Statutes 1997 Supplement, section 124A.22, subdivision 1.

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

Lieder and Olson, E., introduced:

H. F. No. 3611, A bill for an act relating to taxation; authorizing the wild rice watershed district to use the proceeds of its levy for flood mitigation projects; amending Laws 1992, chapter 511, article 2, section 52, as amended.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6505

McGuire introduced:

H. F. No. 3612, A resolution urging the President and the Congress of the United States to support the closure of the United States Army School of the Americas.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Mahon, Garcia and Evans introduced:

H. F. No. 3613, A resolution memorializing Congress to support the admission of the Baltic States of Estonia, Latvia, and Lithuania to the North Atlantic Treaty.

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

Holsten introduced:

H. F. No. 3614, A bill for an act relating to local elected officials; expanding the law on removal to city officials; amending Minnesota Statutes 1996, sections 351.14, subdivision 5; 351.15; 351.16; 351.18; 351.19, subdivision 4; 351.20; 351.21; and 351.22.

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

Ozment, Kraus, Vandeveer, Nornes and Mares introduced:

H. F. No. 3615, A bill for an act relating to taxation; changing the general rate of the sales and use tax and the sales tax on motor vehicles from 6.5 percent to 6 percent; amending Minnesota Statutes 1996, section 297A.02, subdivision 1.

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

Kubly and Trimble introduced:

H. F. No. 3616, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for a multipurpose center in Granite Falls.

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

Leighton introduced:

H. F. No. 3617, A bill for an act relating to state lands; authorizing the public sale of certain tax-forfeited land that borders public water in Mower county.

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

Kinkel introduced:

H. F. No. 3618, A bill for an act relating to peace officers; authorizing the Hubbard county sheriff to have additional part-time peace officer positions; amending Minnesota Statutes 1996, section 626.8463, subdivision 2.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6506

Rest introduced:

H. F. No. 3619, A bill for an act relating to taxation; corporate income; making technical and minor changes in the job training credit; amending Minnesota Statutes 1997 Supplement, section 290.0673, subdivisions 1, 2, and 6.

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

Pugh and Milbert introduced:

H. F. No. 3620, A bill for an act relating to judges; authorizing a judge whose term of office expires six months or less before the age of 65 to remain in office until age 65; amending Minnesota Statutes 1996, section 490.101, by adding a subdivision.

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

Wenzel introduced:

H. F. No. 3621, A bill for an act relating to public waters; authorizing funding for state share of cleanup of certain Mississippi river sediment; appropriating money.

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

Delmont, Kinkel, Entenza, Farrell and Winter introduced:

H. F. No. 3622, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a section to article XI; establishing the children's endowment fund; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Biernat, Skoglund and Wagenius introduced:

H. F. No. 3623, A bill for an act relating to courts; authorizing cities of the first class to establish city courts; prescribing the jurisdiction of city courts and the qualifications of city judges; providing for appeal de novo to district court; proposing coding for new law as Minnesota Statutes, chapter 488B.

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

Biernat introduced:

H. F. No. 3624, A bill for an act relating to municipalities; allowing interim licensing ordinances; proposing coding for new law in Minnesota Statutes, chapter 471.

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

Jennings introduced:

H. F. No. 3625, A bill for an act relating to human services; requiring a study of the capital improvement needs of day training and habilitation programs; appropriating money.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6507

Koskinen introduced:

H. F. No. 3626, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for ADA compliance, roof replacement and repair, and boiler improvements at Anoka-Ramsey Community College.

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

Harder; Winter; Clark, J., and Seifert introduced:

H. F. No. 3627, A bill for an act relating to education; appropriating money for the Southwest Telecommunications Cooperative to establish a telecommunications network.

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

Carlson, Wejcman, Mariani, Rhodes and Dorn introduced:

H. F. No. 3628, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a section to article XI; establishing the children's endowment fund; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Wagenius; Hausman; Johnson, A.; Biernat and Huntley introduced:

H. F. No. 3629, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a section to article XI; establishing the children's endowment fund; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Farrell, Hilty, Reuter, Trimble and Murphy introduced:

H. F. No. 3630, A bill for an act relating to government operations; requiring the office of technology to study possible uses and benefits of biometrics.

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

Ozment introduced:

H. F. No. 3631, A bill for an act relating to taxation; exempting sales to political subdivisions from sales tax; amending Minnesota Statutes 1996, section 297A.47; Minnesota Statutes 1997 Supplement, section 297A.25, subdivision 11.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6508

Seagren; Greiling; Carlson; Johnson, A., and Ness introduced:

H. F. No. 3632, A bill for an act relating to education; enhancing educational opportunities for students attending intermediate school district programs; appropriating money; amending Minnesota Statutes 1996, sections 124.83, subdivisions 3 and 4; 136D.281, subdivision 8; 136D.741, subdivision 8; and 136D.88, subdivision 8; Minnesota Statutes 1997 Supplement, sections 120.064, subdivision 3; 124.193, subdivision 1, and by adding a subdivision; and 124.83, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 124.

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

Wenzel and Erickson introduced:

H. F. No. 3633, A bill for an act relating to natural resources; appropriating money for state forest repair.

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

Chaudhary, McCollum, Greenfield and Dorn introduced:

H. F. No. 3634, A bill for an act relating to human services; requiring local social services agencies and the department of human services to collect certain information on food stamp recipients; amending Minnesota Statutes 1996, section 393.07, by adding a subdivision.

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

Schumacher introduced:

H. F. No. 3635, A bill for an act relating to agriculture; adding requirements for manure storage structures; requiring a report on manure applicator training; requiring a generic environmental impact statement on feedlots; establishing a voluntary rural dispute resolution procedure; appropriating money; amending Minnesota Statutes 1997 Supplement, section 116.07, subdivision 7; Laws 1986, chapter 398, article 1, section 18, as amended; proposing coding for new law in Minnesota Statutes, chapter 583.

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

Greenfield, Bradley, Dorn and Tompkins introduced:

H. F. No. 3636, A bill for an act relating to health; requiring the commissioner of human services to submit a waiver amendment to allow greater flexibility in delivering services to persons served by the home and community-based waiver for persons with mental retardation and related conditions.

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

Stanek introduced:

H. F. No. 3637, A bill for an act relating to corrections; making minor modifications to the sentence to work program; amending Minnesota Statutes 1996, section 3.739, subdivision 1; Minnesota Statutes 1997 Supplement, sections 241.277, subdivisions 6, 9, and by adding a subdivision; and 609.113, subdivision 3.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6509

Larsen and Broecker introduced:

H. F. No. 3638, A bill for an act relating to corrections; requiring sex offenders to successfully complete treatment before release; appropriating money; amending Minnesota Statutes 1996, section 609.346, subdivision 5, and by adding a subdivision.

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

Anderson, B., introduced:

H. F. No. 3639, A bill for an act relating to occupations; amending the licensure requirements for social workers; amending Minnesota Statutes 1997 Supplement, section 148B.21, subdivision 3.

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

Bettermann and Carlson introduced:

H. F. No. 3640, A bill for an act relating to education; allowing a donation of accrued sick time for certain Minnesota state college and university employees; proposing coding for new law in Minnesota Statutes, chapter 136F.

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

Trimble introduced:

H. F. No. 3641, A bill for an act relating to motor vehicles; providing for impoundment of license plates when a vehicle lacking insurance is involved in an accident; imposing misdemeanor penalties; proposing coding for new law in Minnesota Statutes, chapter 168.

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

Entenza, Greenfield, Rhodes and Wejcman introduced:

H. F. No. 3642, A bill for an act relating to human services; providing a grant for primary support to implement Indian child welfare programs; appropriating money.

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

Schumacher, Wenzel and Otremba, M., introduced:

H. F. No. 3643, A bill for an act relating to taxation; reducing the assessed value of vegetative filter strips; requiring a report; amending Minnesota Statutes 1996, section 273.11, subdivision 10.

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

Sviggum introduced:

H. F. No. 3644, A bill for an act relating to telecommunications; modifying voting requirements for extended area service within combined school districts; amending Laws 1997, chapter 59, section 1, subdivision 3.

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


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6510

Chaudhary, Entenza and Weaver introduced:

H. F. No. 3645, A bill for an act relating to crime prevention; expanding reporting requirements for health professionals concerning injuries resulting from alcohol- or controlled substance-related accidents; expanding civil and criminal immunity for reports by health professionals; amending Minnesota Statutes 1996, sections 626.52; and 626.55, subdivision 1; repealing Minnesota Statutes 1996, section 626.55, subdivision 2.

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

Johnson, A.; Mares; Seagren and Kelso introduced:

H. F. No. 3646, A bill for an act relating to education; appropriating money for a school restructuring grant.

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

Kelso was excused between the hours of 2:50 p.m. and 3:15 p.m.

CONSENT CALENDAR

H. F. No. 2308, A bill for an act relating to accountants; modifying licensing provisions; providing for firm licensure; authorizing rulemaking; amending Minnesota Statutes 1996, sections 326.165; 326.17; 326.18; 326.19; 326.20; 326.211; 326.212, subdivisions 1, 4, 5, and by adding a subdivision; 326.22, subdivision 2; 326.223; 326.228; and 326.229, subdivisions 3, 4, 6, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Statutes 1996, sections 326.191; 326.21; and 326.225.

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 104 yeas and 21 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Jennings Marko Paymar Stang
Anderson, I. Erhardt Johnson, A. McCollum Pelowski Sviggum
Bakk Erickson Johnson, R. McElroy Peterson Tingelstad
Bettermann Evans Juhnke McGuire Pugh Tomassoni
Biernat Farrell Kahn Milbert Rest Trimble
Bishop Finseth Kalis Molnau Rhodes Tunheim
Boudreau Folliard Knoblach Mullery Rifenberg Van Dellen
Bradley Garcia Koskinen Munger Rostberg Wagenius
Carlson Greiling Kraus Murphy Rukavina Weaver
Chaudhary Gunther Kubly Ness Schumacher Wejcman
Clark, J. Harder Leighton Olson, E. Seagren Wenzel
Clark, K. Hasskamp Leppik Opatz Sekhon Winter
Daggett Hausman Lieder Orfield Skare Wolf
Davids Hilty Long Osthoff Skoglund Spk. Carruthers
Dawkins Holsten Macklin Otremba, M. Slawik
Delmont Huntley Mahon Ozment Smith
Dempsey Jaros Mares Paulsen Solberg
Dorn Jefferson Mariani Pawlenty Stanek


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6511

Those who voted in the negative were:

Anderson, B. Knight Lindner Reuter Tompkins Workman
Broecker Krinkie Nornes Seifert Tuma
Haas Kuisle Olson, M. Swenson, H. Vandeveer
Kielkucki Larsen Osskopp Sykora Westfall

The bill was passed and its title agreed to.

H. F. No. 2590, A bill for an act relating to landlords and tenants; correcting a reference relating to certain civil penalties; providing for interest rates on security deposits; amending Minnesota Statutes 1996, sections 504.183, subdivision 6; and 504.20, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams Erhardt Kalis McElroy Peterson Sykora
Anderson, B. Erickson Kielkucki McGuire Pugh Tingelstad
Anderson, I. Evans Knight Milbert Rest Tomassoni
Bakk Finseth Knoblach Molnau Reuter Tompkins
Bettermann Folliard Koskinen Mullery Rhodes Trimble
Biernat Garcia Kraus Munger Rifenberg Tuma
Bishop Greiling Krinkie Murphy Rostberg Tunheim
Boudreau Gunther Kubly Ness Rukavina Van Dellen
Bradley Haas Kuisle Nornes Schumacher Vandeveer
Broecker Harder Larsen Olson, E. Seagren Wagenius
Carlson Hasskamp Leighton Olson, M. Seifert Weaver
Chaudhary Hausman Leppik Opatz Sekhon Wejcman
Clark, J. Hilty Lieder Orfield Skare Wenzel
Daggett Holsten Lindner Osskopp Skoglund Westfall
Davids Huntley Long Osthoff Slawik Westrom
Dawkins Jaros Macklin Otremba, M. Smith Winter
Dehler Jennings Mahon Ozment Solberg Wolf
Delmont Johnson, A. Mares Paulsen Stanek Workman
Dempsey Johnson, R. Mariani Pawlenty Stang Spk. Carruthers
Dorn Juhnke Marko Paymar Sviggum
Entenza Kahn McCollum Pelowski Swenson, H.

Those who voted in the negative were:

Clark, K.

The bill was passed and its title agreed to.

H. F. No. 2667 was reported to the House.

Rest moved that H. F. No. 2667 be re-referred to the Committee on Governmental Operations. The motion prevailed.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6512

H. F. No. 2673, A bill for an act relating to public employment; increasing compensation for state employees on leave to serve as certified disaster service volunteers of the American Red Cross; amending Minnesota Statutes 1996, section 43A.185, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 89 yeas and 34 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Erickson Johnson, R. McCollum Pawlenty Smith
Bakk Evans Juhnke McElroy Paymar Solberg
Bettermann Farrell Kahn McGuire Pelowski Tingelstad
Biernat Finseth Kalis Milbert Peterson Tomassoni
Broecker Folliard Koskinen Mullery Pugh Trimble
Carlson Garcia Kraus Munger Rest Tunheim
Chaudhary Greiling Kubly Murphy Rhodes Van Dellen
Clark, J. Gunther Larsen Ness Rostberg Wagenius
Clark, K. Harder Leighton Nornes Rukavina Weaver
Dawkins Hasskamp Lieder Olson, E. Schumacher Wejcman
Delmont Hausman Long Opatz Seagren Wenzel
Dempsey Hilty Mahon Orfield Sekhon Westfall
Dorn Jaros Mares Osthoff Skare Winter
Entenza Jefferson Mariani Otremba, M. Skoglund Spk. Carruthers
Erhardt Johnson, A. Marko Ozment Slawik

Those who voted in the negative were:

Abrams Dehler Krinkie Olson, M. Stanek Vandeveer
Anderson, B. Haas Kuisle Osskopp Stang Westrom
Boudreau Holsten Leppik Paulsen Sviggum Wolf
Bradley Kielkucki Lindner Reuter Swenson, H. Workman
Daggett Knight Macklin Rifenberg Sykora
Davids Knoblach Molnau Seifert Tuma

The bill was passed and its title agreed to.

H. F. No. 2809, A bill for an act relating to cities and towns; requiring copies of audited financial statements to be provided to members of the city council and the mayor, or to the town board members, and presented at a regularly scheduled meeting of the city or town's governing body; amending Minnesota Statutes 1996, section 471.697, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Johnson, R. Marko Peterson Sykora
Anderson, B. Erhardt Juhnke McCollum Pugh Tingelstad
Anderson, I. Erickson Kahn McElroy Rest Tomassoni
Bakk Evans Kalis McGuire Reuter Tompkins
Bettermann Farrell Kielkucki Milbert Rhodes Trimble
Biernat Finseth Knight Molnau Rifenberg Tuma
Bishop Folliard Knoblach Munger Rostberg Tunheim
Boudreau Garcia Koskinen Murphy Rukavina Van Dellen
Bradley Greiling Kraus Nornes Schumacher Vandeveer

Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6513
Broecker Gunther Krinkie Olson, E. Seagren Wagenius
Carlson Haas Kubly Olson, M. Seifert Weaver
Chaudhary Harder Kuisle Opatz Sekhon Wejcman
Clark, J. Hasskamp Larsen Orfield Skare Wenzel
Clark, K. Hausman Leppik Osskopp Skoglund Westfall
Daggett Hilty Lieder Osthoff Slawik Westrom
Davids Holsten Lindner Otremba, M. Smith Winter
Dawkins Huntley Long Ozment Solberg Wolf
Dehler Jaros Macklin Paulsen Stanek Workman
Delmont Jefferson Mahon Pawlenty Stang Spk. Carruthers
Dempsey Jennings Mares Paymar Sviggum
Dorn Johnson, A. Mariani Pelowski Swenson, H.

The bill was passed and its title agreed to.

H. F. No. 3058, A bill for an act relating to counties; Itasca and Koochiching; increasing an amount that may be spent for tourism; amending Laws 1965, chapter 326, section 1, subdivision 5, as amended; and Laws 1967, chapter 170, section 1, subdivision 5, as amended.

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

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Erickson Kalis McElroy Pugh Tomassoni
Anderson, B. Evans Kelso McGuire Rest Tompkins
Anderson, I. Farrell Kielkucki Milbert Reuter Trimble
Bakk Finseth Knight Molnau Rhodes Tuma
Bettermann Folliard Knoblach Mullery Rifenberg Tunheim
Biernat Garcia Koskinen Munger Rostberg Van Dellen
Bishop Greiling Kraus Murphy Rukavina Vandeveer
Boudreau Gunther Krinkie Ness Schumacher Wagenius
Bradley Haas Kubly Nornes Seagren Weaver
Broecker Harder Kuisle Olson, E. Seifert Wejcman
Carlson Hasskamp Larsen Olson, M. Sekhon Wenzel
Chaudhary Hausman Leighton Opatz Skare Westfall
Clark, J. Hilty Leppik Orfield Skoglund Westrom
Clark, K. Holsten Lieder Osskopp Slawik Winter
Daggett Huntley Lindner Osthoff Smith Wolf
Davids Jaros Long Otremba, M. Solberg Workman
Dehler Jefferson Macklin Ozment Stanek Spk. Carruthers
Delmont Jennings Mahon Paulsen Stang
Dempsey Johnson, A. Mares Pawlenty Sviggum
Dorn Johnson, R. Mariani Paymar Swenson, H.
Entenza Juhnke Marko Pelowski Sykora
Erhardt Kahn McCollum Peterson Tingelstad

The bill was passed and its title agreed to.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6514

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Entenza moved that the name of Biernat be added as an author on H. F. No. 1668. The motion prevailed.

Mahon moved that the name of Rhodes be added as an author on H. F. No. 1830. The motion prevailed.

Daggett moved that her name be stricken as an author on H. F. No. 2482. The motion prevailed.

Holsten moved that the name of Vandeveer be added as an author on H. F. No. 2489. The motion prevailed.

Carlson moved that the names of Trimble, Gunther and Haas be added as authors on H. F. No. 2580. The motion prevailed.

Orfield moved that the name of Workman be added as an author on H. F. No. 2588. The motion prevailed.

Evans moved that the names of Chaudhary and Macklin be added as authors on H. F. No. 2782. The motion prevailed.

Tingelstad moved that the name of Evans be added as an author on H. F. No. 2828. The motion prevailed.

Chaudhary moved that the names of Pawlenty and Larsen be added as authors on H. F. No. 3061. The motion prevailed.

Carlson moved that the name of Mares be added as an author on H. F. No. 3062. The motion prevailed.

Pawlenty moved that the name of Mariani be added as an author on H. F. No. 3079. The motion prevailed.

Pugh moved that the name of Dorn be added as an author on H. F. No. 3093. The motion prevailed.

Slawik moved that the name of Marko be added as an author on H. F. No. 3223. The motion prevailed.

Farrell moved that the name of Commers be added as an author on H. F. No. 3232. The motion prevailed.

Pelowski moved that the names of Bettermann; Johnson, R., and Abrams be added as authors on H. F. No. 3251. The motion prevailed.

Mariani moved that the name of Koskinen be added as an author on H. F. No. 3261. The motion prevailed.

Mariani moved that the name of Koskinen be added as an author on H. F. No. 3262. The motion prevailed.

Seifert moved that the names of Erickson, Vandeveer and Clark, J., be added as authors on H. F. No. 3287. The motion prevailed.

Holsten moved that the name of Vandeveer be added as an author on H. F. No. 3354. The motion prevailed.

Rukavina moved that the name of Smith be added as an author on H. F. No. 3440. The motion prevailed.

Wejcman moved that the name of Hilty be added as an author on H. F. No. 3449. The motion prevailed.

Anderson, I., moved that the names of Kahn, Rukavina and Bakk be added as authors on H. F. No. 3450. The motion prevailed.


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6515

Paymar moved that the name of Luther be added as an author on H. F. No. 3457. The motion prevailed.

Holsten moved that the name of Vandeveer be added as an author on H. F. No. 3461. The motion prevailed.

Haas moved that the name of Greenfield be added as an author on H. F. No. 3513. The motion prevailed.

Skare moved that the name of Long be added as an author on H. F. No. 3525. The motion prevailed.

Hasskamp moved that the name of Luther be added as an author on H. F. No. 3527. The motion prevailed.

Van Dellen moved that the name of Erhardt be added as an author on H. F. No. 3542. The motion prevailed.

McCollum moved that the name of Erhardt be added as an author on H. F. No. 3548. The motion prevailed.

Knoblach moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 9, 1998, when the vote was taken on the final passage of H. F. No. 2372." The motion prevailed.

Biernat moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 9, 1998, when the vote was taken on the final passage of H. F. No. 2417." The motion prevailed.

Kubly moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, February 9, 1998, when the vote was taken on the final passage of H. F. No. 3070, as amended." The motion prevailed.

Clark, K., moved that H. F. No. 2334 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Governmental Operations. The motion prevailed.

Mariani moved that H. F. No. 3055 be recalled from the Committee on Judiciary and be re-referred to the Committee on Education. The motion prevailed.

Long moved that H. F. No. 3081, now on General Orders, be re-referred to the Committee on Taxes. The motion prevailed.

Wenzel moved that H. F. No. 3442 be recalled from the Committee on Judiciary and be re-referred to the Committee on General Legislation, Veterans Affairs and Elections. The motion prevailed.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, February 12, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, February 12, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives


Journal of the House - 72nd Day - Wednesday, February 11, 1998 - Top of Page 6516