Journal of the House - 15th Day - Top of Page 245

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

FIFTEENTH DAY

Saint Paul, Minnesota, Thursday, February 20, 1997

 

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 the Reverend Michael Cronin, St. Pius X Catholic Church, Rochester, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Knoblach, McCollum, McElroy and Reuter were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Swenson, D., 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 - 15th Day - Top of Page 246

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

February 14, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 1, A bill for an act relating to education; repealing the K-12 education appropriations caps; permitting statewide testing; appropriating money.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Act of the 1996 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F.
No.
H.F.
No.
Session Laws
Chapter No.
Time and
Date Approved
1997
Date Filed
1997
1111:35 a.m. February 14February 14

Sincerely,

Joan Anderson Growe
Secretary of State


Journal of the House - 15th Day - Top of Page 247

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

February 19, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 13, A bill for an act relating to legislative enactments; providing for the correction of miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors of a noncontroversial nature.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Act of the 1996 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F.
No.
H.F.
No.
Session Laws
Chapter No.
Time and
Date Approved
1997
Date Filed
1997
13214:30 p.m. February 19February 19

Sincerely,

Joan Anderson Growe
Secretary of State


Journal of the House - 15th Day - Top of Page 248

REPORTS OF STANDING COMMITTEES

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

H. F. No. 86, A bill for an act relating to traffic regulations; restricting the use of certain radios and other sound-producing devices in or on motor vehicles; prescribing a penalty; proposing coding for new law in Minnesota Statutes, chapter 169.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [169.694] [UNLAWFUL USE OF SOUND-PRODUCING DEVICES IN MOTOR VEHICLES.]

Subdivision 1. [DEFINITION.] As used in this section, "sound-producing device" means a machine or device designed to produce or reproduce sound and includes, but is not limited to, a radio receiving set, tape or disc player, musical instrument, phonograph, or paging system.

Subd. 2. [UNLAWFUL ACTS.] (a) It is unlawful for a motor vehicle owner to be present while a sound-producing device is being operated in or on the owner's motor vehicle in a manner that unreasonably disturbs the peace and quiet of a person nearby.

(b) It is unlawful for any person to operate or be in actual physical control of a motor vehicle in or on which a sound-producing device is being operated in a manner that unreasonably disturbs the peace and quiet of a person nearby.

(c) It is unlawful for any person to operate a sound-producing device in a motor vehicle in a manner that unreasonably disturbs the peace and quiet of a person nearby.

Subd. 3. [PRIMA FACIE EVIDENCE OF VIOLATION.] The operation of a sound-producing device in a manner that makes it plainly audible at a distance of 50 feet from the motor vehicle is prima facie evidence of a violation of this section.

Subd. 4. [EXCEPTIONS.] This section does not apply to the operation of:

(1) antitheft devices in motor vehicles; or

(2) sound-producing devices in authorized emergency vehicles.

Subd. 5. [EFFECT ON LOCAL ORDINANCES.] Nothing in subdivisions 1 to 4 supersedes or precludes the continuation or adoption of a local ordinance that provides for more stringent regulation of the subject matter in subdivisions 1 to 4.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective August 1, 1997, and applies to offenses committed on or after that date."

Amend the title as follows:

Page 1, line 4, delete "prescribing a penalty;"

With the recommendation that when so amended the bill pass.

The report was adopted.


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Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 100, A bill for an act relating to local government; providing for emergency expenditures related to the continuing severe weather conditions and their aftermath; providing a contingency appropriation.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [APPROPRIATION FOR 1997 SEVERE WEATHER AFFECTING PUBLIC SAFETY.]

Subdivision 1. [SEVERE WEATHER RELIEF.] A special 1997 severe weather contingent appropriation is authorized. Funding under this section must be coordinated insofar as possible, and subject to immediate public safety concerns, with emergency federal funding for the same or similar purposes. Some examples of needs for which funds are available are: snowplowing for emergencies because the snowplowing budget or other resources are depleted; emergencies due to severe weather and its aftermath, which may include flooding, and which affects or threatens public safety; and the required match under 1997 federal weather-related disaster declarations. The division of emergency management of the department of public safety in cooperation with the department of transportation shall establish a formula or criteria for distribution of funds.

Subd. 2. [ALLOCATION OF FUNDS.] The appropriation in this act must be distributed as follows:

(a) An amount up to $7,000,000 is first available:

(1) for the state match of federal disaster funds for 1997 snow-related disaster costs according to the formula agreed to by the state and the federal emergency management agency (FEMA);

(2) to fund what would otherwise be the local government match for eligible 1997 snow-related disaster costs in the formula in clause (1);

(3) to fund the ten percent of federal snow-related disaster costs that are eligible under the formula to determine federal, state, and local shares;

(b) An amount of $6,000,000 is reserved for assistance associated with 1997 flooding or related emergencies that affect public safety; and

(c) An amount of $7,000,000 plus any amount that is not needed in paragraph (a) shall be distributed according to a formula that compares snow removal expenditures of local government units for calendar year 1996 to the average annual snow removal expenses for calendar years 1993, 1994, and 1995.

Subd. 3. [1997 FLOOD RELIEF.] If a distribution procedure is not specified in legislation, the commissioner of public safety, in consultation with the commissioners of transportation, natural resources, and the pollution control agency, shall establish a formula for the distribution of funds in subdivision 2, paragraph (b). By June 1, 1997, if the commissioner of public safety determines that all or any portion of the funds reserved in subdivision 2, paragraph (b), are not needed for the purpose specified in that paragraph, those funds are available for the purpose specified in subdivision 2, paragraph (c).

Subd. 4. [DISTRIBUTION OF FUNDS.] The commissioner of public safety must notify local governments of the availability of state disaster relief funds and of the information that must be submitted to obtain funds. Local government units who wish to obtain state disaster relief funds must apply to the commissioner for the funds. The commissioner may require documentation of costs reported by local governments.

Sec. 2. [APPROPRIATION.]

$20,000,000 in fiscal year 1997 is appropriated from the budget reserve in the general fund to the commissioner of public safety to be spent as provided in section 1, except that the commissioner may use necessary funds for administration of this program.


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Sec. 3. [NO PRECEDENT SET.]

Funding by the state in this act for costs that would otherwise be a local fiscal responsibility under funding formulas negotiated by the state with FEMA is not to be considered a precedent for any future disaster funding.

Sec. 4. [EFFECTIVE DATE.]

Sections 1, 2, and 3 are effective the day after final enactment."

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 108, A bill for an act relating to employment; providing for the protection of benefits for certain technical college employees.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [CERTAIN TECHNICAL COLLEGE EMPLOYEES; PROTECTION OF BENEFITS.]

Notwithstanding any general or special law to the contrary, a person who is employed by the Range technical college, who filed a retirement notice prior to July 1, 1995, and who retires no later than June 15, 1997, is entitled to health insurance benefits provided in the applicable Range technical college collective bargaining agreement. The merger of the community colleges, state universities, and technical colleges has no effect on these benefits."

Delete the title and insert:

"A bill for an act relating to employment; providing for the protection of health insurance benefits for certain Range technical college employees."

With the recommendation that when so amended the bill pass.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 118, A bill for an act relating to taxation; sales and use; making the exemption for used farm machinery permanent; amending Minnesota Statutes 1996, section 297A.25, subdivision 59.

Reported the same back with the following amendments:

Page 1, line 10, after "of" insert "new and"

Amend the title as follows:

Page 1, line 2, delete "making the"


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Page 1, line 3, delete everything before the semicolon and insert "changing the exemption for farm machinery"

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 211, A bill for an act relating to telecommunications; authorizing the installation of extended area service within combined school districts.

Reported the same back with the recommendation that 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. 219, A bill for an act relating to employment; requiring leaves of absence without pay for employees rendering services as members of the civil air patrol; proposing coding for new law in Minnesota Statutes, chapter 181.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 220, A bill for an act relating to property; validating certain conveyances by religious corporations; requiring published notice of dispositions of certain real property in a marriage dissolution action; regulating property held in revocable trusts upon the dissolution of marriage; regulating specific devises and distributions of property under the uniform probate code; amending Minnesota Statutes 1996, sections 315.121; 518.11; 524.2-402; 524.2-403; and 524.2-606; proposing coding for new law in Minnesota Statutes, chapters 501B; and 524.

Reported the same back with the following amendments:

Page 2, after line 29, insert:

"Sec. 3. Minnesota Statutes 1996, section 508.70, is amended by adding a subdivision to read:

Subd. 3. [EXCEPTION TO TEN-YEAR LIMIT; ADVERSE CLAIM STATEMENT BY GOVERNMENT AGENCY.] The provisions of subdivision 2 do not apply to an adverse claim statement made by the United States of America, this state, or any political subdivision, agency, or instrumentality of the United States of America or this state, which statement was filed prior to August 1, 1997, and was a recital or memorial on the certificate of title for the affected real property on July 31, 1997.

Sec. 4. Minnesota Statutes 1996, section 514.06, is amended to read:

514.06 [TITLE OF VENDOR OR CONSENTING OWNER, SUBJECT TO.]

When land is sold under an executory contract requiring the vendee to improve the same, and such contract is forfeited or surrendered after liens have attached by reason of such improvements, the title of the vendor shall be subject thereto; but the vendor shall not be personally liable if the contract was made in good faith. When improvements are made by one person


Journal of the House - 15th Day - Top of Page 252

upon the land of another, all persons interested therein otherwise than as bona fide prior encumbrancers or lienors shall be deemed to have authorized such improvements, in so far as to subject their interests to liens therefor. Any person who has not authorized the same may protect that person's interest from such liens by serving upon the persons doing work or otherwise contributing to such improvement within five days after knowledge thereof, written notice that the improvement is not being made at that person's instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises. The service may be made by personal service or by certified mail to the last known address of the person doing work or otherwise contributing to the improvement. Mailed service is effective when mailed. As against a lessor no lien is given for repairs made by or at the instance of the lessee."

Page 3, line 30, before the period, insert "or, if no address so qualifies, then to the respondent's last known address"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "regulating adverse claims by a government agency; clarifying the manner of service of certain notices regarding mechanics liens;"

Page 1, line 9, after the first semicolon, insert "508.70, by adding a subdivision; 514.06;"

With the recommendation that when so amended 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. 238, A bill for an act relating to taxation; requiring registration of third-party bulk filers; providing standards for registration; providing a civil penalty; amending Minnesota Statutes 1996, sections 270B.02, by adding a subdivision; and 290.92, by adding a subdivision.

Reported the same back with the following amendments:

Page 4, line 4, delete "five-day" and insert "ten-day"

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

The report was adopted.

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

H. F. No. 243, A bill for an act relating to traffic regulations; requiring wheel flaps on truck tractors; allowing commercial vehicle inspectors of the department of public safety to issue citations for hauling firewood unsafely; regulating weight restrictions on vehicle axles; requiring trucks weighing more than 10,000 pounds to submit to weighing during truck weight enforcement operation; making technical changes; amending Minnesota Statutes 1996, sections 169.733, subdivision 1; 169.81, subdivision 5a; 169.825, subdivision 8; 169.85; and 299D.06.

Reported the same back with the following amendments:

Pages 1 and 2, delete section 2

Page 2, line 17, delete "3" and insert "2"


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Pages 3 and 4, delete section 4

Page 4, line 35, delete "5" and insert "3"

Page 5, delete line 5 and insert "registration,; motor vehicle size and weight,; and"

Page 5, line 7, after "vehicles" insert "to fixed or temporary scales or inspection stations"

Amend the title as follows:

Page 1, line 3, delete everything after the semicolon

Page 1, delete line 4

Page 1, line 5, delete everything before "regulating"

Page 1, line 6, delete "requiring trucks"

Page 1, delete line 7

Page 1, line 8, delete everything before "making"

Page 1, line 10, delete "169.81, subdivision"

Page 1, line 11, delete "5a;" and delete "169.85;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 260, A bill for an act relating to health; modifying school immunization and health record provisions; amending Minnesota Statutes 1996, sections 123.70, subdivisions 5, 7, and 10; and 144.29.

Reported the same back with the following amendments:

Page 1, line 9, strike "transfers from one" and insert "is a new enrollee in an"

Page 1, line 10, strike "to another" and delete the new language

Page 2, line 2, delete "or child care facility"

Page 2, line 29, delete "(g)" and insert "(e)"

Page 2, line 34, delete "(g)" and insert "(e)"

Page 2, line 35, strike ", 8, 9, and" and insert "through"

Page 2, line 36, after "term" insert "and for each year thereafter"

Page 3, lines 3 to 12, delete the new language and strike the old


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Page 3, line 13, strike "(f)" and insert "(d)"

Page 3, line 18, delete "(g)" and insert "(e)"

Page 3, line 20, delete "within the past five years"

Page 3, line 22, delete "enrollment in grade 12" and insert "ten years have elapsed from the person's most recent dose of tetanus and diphtheria toxoid"

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

The report was adopted.

Kalis from the Committee on Capital Investment to which was referred:

H. F. No. 268, A bill for an act relating to corrections; modifying multiple occupancy requirements applicable to state prisons; amending the appropriation to build a close-custody correctional facility of at least 800 beds; providing that the new facility shall be at level four; deleting certain construction bid requirements; amending Minnesota Statutes 1996, section 243.53, subdivision 1; Laws 1996, chapter 463, section 16, subdivision 3; repealing Minnesota Statutes 1996, section 243.53, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 3, after "occupancy" insert ", except segregation units,"

Page 3, after line 30, insert:

"The commissioner of corrections may use operating funds that would not otherwise cancel to the general fund on June 30, 1997, to construct an access road from state trunk highway 361 to the parking lot of the correctional facility."

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 280, A bill for an act relating to children; establishing recognition of American sign language; proposing coding for new law in Minnesota Statutes, chapter 126.

Reported the same back with the following amendments:

Page 1, line 6, delete "[126.255]"

Page 1, line 13, delete "shall" and insert "should"

Page 1, line 14, after "public" insert "elementary and secondary "


Journal of the House - 15th Day - Top of Page 255

Page 1, delete section 2 and insert:

"Sec. 2. [126.256] [AMERICAN SIGN LANGUAGE.]

Satisfactory completion of courses in American sign language in a public elementary or secondary school shall be accorded equal standing with satisfactory completion of courses in any world language.

Sec. 3. [135A.121] [AMERICAN SIGN LANGUAGE.]

The Minnesota state colleges and universities, the University of Minnesota, and Minnesota private colleges are requested to accord equal standing to courses in American sign language as is given to any world language for admission and graduation requirements."

Amend the title as follows:

Page 1, line 4, delete "chapter" and insert "chapters" and before the period, insert "; and 135A"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 284, A bill for an act relating to human services; extending certain advisory committees; amending Minnesota Statutes 1996, sections 15.059, by adding a subdivision; 245.697, subdivision 1; 254A.035, subdivision 2; and 254A.04.

Reported the same back with the following amendments:

Page 1, line 21, delete "and"

Page 1, line 23, before the period, insert "; and

(6) the Minnesota commission serving deaf and hard-of-hearing people established under section 256C.28"

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

The report was adopted.

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

H. F. No. 294, A bill for an act relating to elections; providing a change of address system for registered voters; amending Minnesota Statutes 1996, section 201.13, subdivision 3.

Reported the same back with the following amendments:

Page 1, line 15, delete "Minnesota" and after "residents" insert "of this state"

Page 1, line 23, delete "Minnesota" and insert "this state "


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Page 2, line 1, delete "in Minnesota" and insert "within this state"

Page 2, line 3, delete the second "of" and insert "to an" and delete "Minnesota" and insert "this state"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 334, A bill for an act relating to the city of Duluth; permitting the reassessment of special assessments upon parcels that returned to private ownership after special assessments were canceled because the benefited parcel became tax-forfeited.

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. 356, A bill for an act relating to local governmental bodies; authorizing consideration of cost as a criterion in the designation of newspapers for official publication; amending Minnesota Statutes 1996, section 331A.04, subdivision 1, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 331A.04, subdivision 1, is amended to read:

Subdivision 1. Except as provided in subdivision 6, the governing body of any local public corporation, when authorized or required by statute or charter to designate a newspaper for publication of its official proceedings and public notices, shall designate a newspaper which is a qualified medium of official and legal publication in the following priority set out in subdivisions 2 to 5.

Sec. 2. Minnesota Statutes 1996, section 331A.04, is amended by adding a subdivision to read:

Subd. 6. [COST OF PUBLICATION.] If the cost of publishing public notices would be lower in a qualified newspaper other than the one designated in accordance with subdivisions 2 to 5, a local public corporation may designate another qualified newspaper, so long as for a period of one year prior to designation at least 25 percent of that newspaper's circulation has been within the local public corporation. The local public corporation may, but shall not be required to (1) solicit bids, or (2) designate the newspaper offering to publish the notices at the lowest cost. For purposes of this subdivision, the governing body of a local corporation may rely on the sworn statement of the publisher of the newspaper, or the publisher's designated representative, regarding the newspaper's circulation within the local public corporation."

With the recommendation that when so amended the bill pass.

The report was adopted.


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

H. F. No. 407, A bill for an act relating to natural resources; increasing snowmobile registration fees; increasing unrefunded gasoline tax revenues attributable to snowmobiles; providing an appropriation for snowmobile grants-in-aid; appropriating money; amending Minnesota Statutes 1996, sections 84.82, subdivision 3; and 296.16, subdivision 1.

Reported the same back with the following amendments:

Page 1, after line 25, insert:

"Sec. 2. [84.8205] [SNOWMOBILE STATE TRAIL PERMIT.]

No snowmobile shall be operated on a state recreational snowmobile trail unless the snowmobile operator has in possession a snowmobile state trail permit. The commissioner of natural resources shall issue a permit upon application and payment of a $10 fee. The permit is valid for the calendar year in which it is issued. Fees collected under this section shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund."

Page 3, line 24, delete "3" and insert "4"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "requiring a permit to use state snowmobile trails;"

Page 1, line 8, before the period, insert "; proposing coding for new law in Minnesota Statutes, chapter 84"

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

The report was adopted.

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

H. F. No. 428, A bill for an act relating to the city of Minneapolis; clarifying the procedure for utility charge assessments.

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

The report was adopted.

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

H. F. No. 429, A bill for an act relating to insurance; clarifying the right to escrow for certain losses in certain cases; amending Minnesota Statutes 1996, section 65A.50, subdivisions 2, 3, 4, 8, 16, and 17.

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

The report was adopted.


Journal of the House - 15th Day - Top of Page 258

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

H. F. No. 441, A bill for an act relating to commerce; enacting the revised article 5 of the Uniform Commercial Code; regulating letters of credit; making conforming changes; amending Minnesota Statutes 1996, sections 336.1-105; 336.2-512; 336.9-103; 336.9-104; 336.9-105; 336.9-106; 336.9-304; and 336.9-305; proposing coding for new law in Minnesota Statutes, chapter 336; repealing Minnesota Statutes 1996, sections 336.5-101; 336.5-102; 336.5-103; 336.5-104; 336.5-105; 336.5-106; 336.5-107; 336.5-108; 336.5-109; 336.5-110; 336.5-111; 336.5-112; 336.5-113; 336.5-114; 336.5-115; 336.5-116; and 336.5-117.

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

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 447, A bill for an act relating to insurance; requiring health plan companies to provide direct access to obstetric and gynecologic services; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

The report was adopted.

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

H. F. No. 603, A bill for an act relating to transportation; appropriating money to the commissioner of transportation for state road operations in fiscal year 1997.

Reported the same back with the following amendments:

Page 1, after line 11, insert:

"Sec. 2. Minnesota Statutes 1996, section 84.912, subdivision 1, is amended to read:

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

(a) "All-terrain vehicle" has the meaning given in section 84.92, subdivision 8.

(b) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense.

(c) "Designated offense" means a violation of section 84.91 or an ordinance in conformity with it:

(1) occurring within five years of the first of three prior impaired driving convictions or the first of three prior license revocations based on separate impaired driving incidents;

(2) occurring within 15 years of the first of four or more prior impaired driving convictions or the first of four or more prior license revocations based on separate impaired driving incidents;

(3) by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8) (9); or

(4) by a person who is subject to a restriction on the person's driver's license under section 171.09 that provides that the person may not use or consume any amount of alcohol or a controlled substance.


Journal of the House - 15th Day - Top of Page 259

(d) "Owner" means the registered owner of the snowmobile or all-terrain vehicle according to records of the department of natural resources and includes a lessee of a snowmobile or all-terrain vehicle if the lease agreement has a term of 180 days or more.

(e) "Prior impaired driving conviction" has the meaning given in section 169.121, subdivision 3.

(f) "Prior license revocation" has the meaning given in section 169.121, subdivision 3.

(g) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense.

(h) "Snowmobile" has the meaning given in section 84.81, subdivision 3.

(i) "Vehicle" means a snowmobile or an all-terrain vehicle.

Sec. 3. Minnesota Statutes 1996, section 86B.337, subdivision 1, is amended to read:

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

(a) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense.

(b) "Designated offense" means a violation of section 86B.331 or an ordinance in conformity with it:

(1) occurring within five years of the first of three prior impaired driving convictions or the first of three prior license revocations based on separate impaired driving incidents;

(2) occurring within 15 years of the first of four or more prior impaired driving convictions or the first of four or more prior license revocations based on separate impaired driving incidents;

(3) by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8) (9); or

(4) by a person who is subject to a restriction on the person's driver's license under section 171.09 that provides that the person may not use or consume any amount of alcohol or a controlled substance.

(c) "Motorboat" has the meaning given in section 86B.005, subdivision 9.

(d) "Owner" means the registered owner of the motorboat according to records of the department of natural resources and includes a lessee of a motorboat if the lease agreement has a term of 180 days or more.

(e) "Prior impaired driving conviction" has the meaning given in section 169.121, subdivision 3.

(f) "Prior license revocation" has the meaning given in section 169.121, subdivision 3.

(g) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense.

Sec. 4. Minnesota Statutes 1996, section 168.042, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the following terms have the meanings given.

(b) "Violator" means a person who was driving, operating, or in physical control of the motor vehicle when the violation occurred.


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(c) "Violation" means:

(1) a violation of section 169.123 or an impaired driving conviction as defined in section 169.121, subdivision 3, that results in the revocation of a person's driver's license or driving privileges, and also includes an alcohol-related license revocation from another state;

(2) a violation of section 169.129; and

(3) a violation of section 171.24 by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8) (9).

Sec. 5. Minnesota Statutes 1996, section 169.121, subdivision 4, is amended to read:

Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner of public safety shall revoke the driver's license of a person convicted of violating this section or an ordinance in conformity with it as follows:

(1) for an offense under subdivision 1: not less than 30 days;

(2) for an offense under subdivision 1a: not less than 90 days;

(3) for an offense occurring within five years after a prior impaired driving conviction or a prior license revocation, or any time after two or more prior impaired driving convictions or prior license revocations: (i) if the current conviction is for a violation of subdivision 1, not less than 180 days and until the court has certified that treatment or rehabilitation has been successfully completed where prescribed in accordance with section 169.126; or (ii) if the current conviction is for a violation of subdivision 1a, not less than one year and until the court has certified that treatment or rehabilitation has been successfully completed where prescribed in accordance with section 169.126;

(4) for an offense occurring within five years after the first of two prior impaired driving convictions or prior license revocations: not less than one year, together with denial under section 171.04, subdivision 1, clause (8) (9), until rehabilitation is established in accordance with standards established by the commissioner;

(5) for an offense occurring any time after three or more prior impaired driving convictions or prior license revocations: not less than two years, together with denial under section 171.04, subdivision 1, clause (8) (9), until rehabilitation is established in accordance with standards established by the commissioner.

(b) If the person convicted of violating this section is under the age of 21 years, the commissioner of public safety shall revoke the offender's driver's license or operating privileges for a period of six months or for the appropriate period of time under paragraph (a), clauses (1) to (5), for the offense committed, whichever is the greatest period.

(c) For purposes of this subdivision, a juvenile adjudication under this section, section 169.129, an ordinance in conformity with either of them, or a statute or ordinance from another state in conformity with either of them is an offense.

(d) Whenever department records show that the violation involved personal injury or death to any person, not less than 90 additional days shall be added to the base periods provided above.

(e) Except for a person whose license has been revoked under paragraph (b), and except for a person who commits a violation described in subdivision 3, paragraph (c), clause (4), (child endangerment), any person whose license has been revoked pursuant to section 169.123 as the result of the same incident, and who does not have a prior impaired driving conviction or prior license revocation within the previous ten years, is subject to the mandatory revocation provisions of paragraph (a), clause (1) or (2), in lieu of the mandatory revocation provisions of section 169.123.

(f) As used in this subdivision, the terms "prior impaired driving conviction" and "prior license revocation" have the meanings given in subdivision 3, paragraph (a).


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Sec. 6. Minnesota Statutes 1996, section 169.1217, subdivision 1, is amended to read:

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

(a) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense.

(b) "Designated offense" includes a violation of section 169.121, an ordinance in conformity with it, or 169.129:

(1) within five years of three prior impaired driving convictions or three prior license revocations based on separate incidents;

(2) within 15 years of the first of four or more prior impaired driving convictions or the first of four or more prior license revocations based on separate incidents;

(3) by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8) (9); or

(4) by a person who is subject to a restriction on the person's driver's license under section 171.09 which provides that the person may not use or consume any amount of alcohol or a controlled substance.

"Designated offense" also includes a violation of section 169.121, subdivision 3, paragraph (c), clause (4):

(1) within five years of two prior impaired driving convictions or two prior license revocations based on separate incidents; or

(2) within 15 years of the first of three or more prior impaired driving convictions or the first of three or more prior license revocations based on separate incidents.

(c) "Motor vehicle" and "vehicle" have the meaning given "motor vehicle" in section 169.121, subdivision 11. The terms do not include a vehicle which is stolen or taken in violation of the law.

(d) "Owner" means the registered owner of the motor vehicle according to records of the department of public safety and includes a lessee of a motor vehicle if the lease agreement has a term of 180 days or more.

(e) "Prior impaired driving conviction" has the meaning given it in section 169.121, subdivision 3. A prior impaired driving conviction also includes a prior juvenile adjudication that would have been a prior impaired driving conviction if committed by an adult.

(f) "Prior license revocation" has the meaning given it in section 169.121, subdivision 3.

(g) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense.

Sec. 7. Minnesota Statutes 1996, section 171.043, is amended to read:

171.043 [NOTICE OF PERSONS UNDER DRIVER'S LICENSE CANCELLATION.]

The commissioner of public safety shall develop a program under which the commissioner provides a monthly notice to local law enforcement agencies of the names and addresses of persons residing within the local agency's jurisdiction whose driver's licenses or driving privileges have been canceled under section 171.04, subdivision 1, clause (8) (9). At the commissioner's discretion, the commissioner may adopt necessary procedures so that the information is current and accurate. Data in the notice are private data on individuals and are available to law enforcement agencies.


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Sec. 8. Minnesota Statutes 1996, section 171.24, subdivision 5, is amended to read:

Subd. 5. [GROSS MISDEMEANOR.] A person is guilty of a gross misdemeanor if:

(1) the person's driver's license or driving privilege has been canceled or denied under section 171.04, subdivision 1, clause (8) (9);

(2) the person has been given notice of or reasonably should know of the cancellation or denial; and

(3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver's license, while the person's license or privilege is canceled or denied.

Sec. 9. Minnesota Statutes 1996, section 171.30, subdivision 3, is amended to read:

Subd. 3. [CONDITIONS ON ISSUANCE.] The commissioner shall issue a limited license restricted to the vehicles whose operation is permitted only under a class A, class B, or class C license whenever a class A, class B, or class C license has been suspended under section 171.18, or revoked under section 171.17, for violation of the highway traffic regulation act committed in a private passenger motor vehicle. This subdivision shall not apply to any persons described in section 171.04, subdivision 1, clauses (4), (5), (6), (8) (7), (9), (10), and (11) (12), or any person whose license or privilege has been suspended or revoked for a violation of section 169.121 or 169.123, or a statute or ordinance from another state in conformity with either of those sections.

Sec. 10. Minnesota Statutes 1996, section 171.305, subdivision 5, is amended to read:

Subd. 5. [ISSUANCE OF LIMITED LICENSE.] The commissioner may issue a limited license to a person whose driver's license has been canceled and denied due to an alcohol or controlled substance related incident under section 171.04, subdivision 1, clause (8) (9), under the following conditions:

(1) at least one-half of the person's required abstinence period has expired;

(2) the person has completed all rehabilitation requirements; and

(3) the person agrees to drive only a motor vehicle equipped with a functioning and certified ignition interlock device."

Page 1, line 12, delete "2" and insert "11"

Page 1, line 13, after the period, insert "Sections 2 to 10 are effective retroactively to February 1, 1997."

Amend the title as follows:

Page 1, line 4, before the period, insert "; making certain cross-reference corrections; amending Minnesota Statutes 1996, sections 84.912, subdivision 1; 86B.337, subdivision 1; 168.042, subdivision 1; 169.121, subdivision 4; 169.1217, subdivision 1; 171.043; 171.24, subdivision 5; 171.30, subdivision 3; and 171.305, subdivision 5"

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

The report was adopted.

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

H. F. No. 626, A bill for an act relating to children; modifying execution and consent requirements for designated parent agreements; amending Minnesota Statutes 1996, sections 171.07, subdivision 11; and 257A.01, subdivision 2.

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

The report was adopted.


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Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 638, A bill for an act relating to insurance; transferring regulatory authority for health maintenance organizations to the commissioner of commerce; requiring the commissioner of health to advise and assist; amending Minnesota Statutes 1996, sections 60B.02; 60B.03, subdivision 2; 60B.15; 60B.20; 60G.01, subdivisions 2 and 4; 62D.01, subdivision 2; 62D.02, subdivision 3; 62D.03, subdivisions 1, 3, and 4; 62D.04, subdivisions 1, 2, 3, and by adding a subdivision; 62D.05, subdivision 6; 62D.06, subdivision 2; 62D.07, subdivisions 2, 3, and 10; 62D.08, subdivisions 1, 2, 3, 4, 5, and 6; 62D.09, subdivisions 1 and 8; 62D.10, subdivision 4; 62D.11, subdivisions 1b, 2, and 3; 62D.12, subdivisions 1, 2, and 9; 62D.121, subdivisions 3a and 7; 62D.14, subdivisions 1, 3, 4, 5, and 6; 62D.15, subdivisions 1 and 4; 62D.16, subdivisions 1 and 2; 62D.17, subdivisions 1, 3, 4, and 5; 62D.18, subdivisions 1 and 7; 62D.19; 62D.20, subdivision 1; 62D.21; 62D.211; 62D.22, subdivisions 4 and 10; 62D.24; 62D.30, subdivisions 1 and 3; repealing Minnesota Statutes 1996, sections 62D.03, subdivision 2; and 62D.18.

Reported the same back with the following amendments:

Page 32, line 26, after "The" insert "commissioner or the" and reinstate the stricken "of health"

Page 32, line 29, delete the first "the" and insert "that" and delete everything after "commissioner"

Page 32, line 30, delete the new language

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

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 653, A bill for an act relating to insurance; health; requiring coverage for diabetes outpatient self-management training and education; amending Minnesota Statutes 1996, section 62A.45.

Reported the same back with the following amendments:

Page 1, line 9, strike "EQUIPMENT AND SUPPLIES FOR"

Page 1, line 16, after "therapy" insert a comma

With the recommendation that when so amended the bill pass.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 728, A bill for an act relating to agriculture; exempting farmers from paying tax on gasoline and special fuel received in on-farm bulk storage tanks, when used for tax-exempt purposes; amending Minnesota Statutes 1996, section 296.141, subdivision 4.

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

The report was adopted.


Journal of the House - 15th Day - Top of Page 264

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

S. F. No. 72, A bill for an act relating to elections; changing and clarifying provisions of the Minnesota election law; amending Minnesota Statutes 1996, sections 200.031; 201.061, subdivision 1; 201.071, subdivision 1; 201.081; 201.12, subdivision 2; 201.121, subdivision 1; 201.13, subdivisions 1 and 2; 201.15; 201.171; 203B.01, by adding a subdivision; 203B.03, subdivision 1; 203B.04, subdivision 1; 203B.06, subdivision 3; 203B.08, subdivision 1; 203B.11, subdivision 1, and by adding a subdivision; 203B.12, subdivision 2, and by adding a subdivision; 203B.13, subdivisions 1 and 2; 203B.16, by adding a subdivision; 203B.19; 204B.06, by adding a subdivision; 204B.146; 204B.15; 204B.16, subdivisions 1a and 3; 204B.22, subdivision 1; 204B.23; 204B.27, by adding a subdivision; 204B.31; 204B.36, subdivision 2; 204C.08, by adding a subdivision; 204C.15, subdivision 1; 204C.31, subdivision 2; 204C.32; 204C.33, subdivision 1; 205.10, subdivision 3; 205.13, subdivision 1; 205.17, by adding a subdivision; 205A.05, subdivision 1; 205A.08, by adding a subdivision; 206.55; 206.56, subdivisions 1, 3, 5, 8, and 9; 206.57; 206.58; 206.59; 206.61, subdivisions 1, 3, and 5; 206.62; 206.64, subdivision 1; 206.66; 206.80; 206.81; 206.83; 206.84, subdivisions 3, 6, and 7; 206.86, subdivisions 1 and 2; 206.90, subdivisions 4 and 6; 207A.03, subdivision 2; 211B.14; 367.03, subdivision 1; 367.25, subdivision 1; 387.01; 388.01; and 626.846, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 201; 203B; and 204B; repealing Minnesota Statutes 1996, sections 204D.15, subdivision 2; 206.065; 206.56, subdivisions 4, 6, 10, 11, 12, 13, and 15; 206.60; 206.61, subdivisions 2, 6, 7, and 8; 206.63; 206.64, subdivision 2; 206.68; 206.685; 206.69; 206.70; 206.71; 206.72; 206.73; 206.74; 206.75; 206.76; 206.77; 206.84, subdivisions 2, 4, and 5; and 211B.11, subdivision 2.

Reported the same back with the following amendments:

Page 8, line 35, after "a" insert "licensed" and delete everything after "hospital"

Page 8, line 36, delete "to 144.58" and insert ", sanitarium, or other institution as defined in section 144.50, subdivision 2,"

Page 19, line 36, delete "subdivisions 2 and 3" and insert " subdivision 2"

Page 20, delete lines 15 to 27

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 86, 108, 219, 220, 243, 280, 294, 334, 356, 441, 447 and 653 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 72 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Koskinen, Garcia and Johnson, R., introduced:

H. F. No. 795, A bill for an act relating to child care assistance; modifying the priority for assistance under the basic sliding fee program; providing for the continuation of basic sliding fee assistance across counties; amending Minnesota Statutes 1996, section 119B.03, subdivision 4, and by adding a subdivision.

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


Journal of the House - 15th Day - Top of Page 265

Delmont, Jefferson, Kahn, Osthoff and Sviggum introduced:

H. F. No. 796, A bill for an act relating to retirement; modifying provisions governing deferred compensation in the Minnesota state retirement system; making technical changes; amending Minnesota Statutes 1996, section 352.96, subdivisions 2, 3, and 6.

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

Clark, Rhodes, Luther and Bishop introduced:

H. F. No. 797, A bill for an act relating to early childhood learning and protection facilities; clarifying grant limitations; amending Minnesota Statutes 1996, section 268.917.

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

Dehler introduced:

H. F. No. 798, A bill for an act relating to municipalities; providing a penalty for unpaid judgments; amending Minnesota Statutes 1996, section 465.13.

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

Winter, Harder, Seifert, Peterson and Olson, E., introduced:

H. F. No. 799, A bill for an act relating to taxation; property tax; modifying the taxation of certain wind energy conversion systems; permitting the recovery through rates of certain property tax payments; amending Minnesota Statutes 1996, sections 216B.16, by adding a subdivision; and section 272.02, subdivision 1.

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

McElroy and Kalis introduced:

H. F. No. 800, A bill for an act relating to the legislature; establishing the legislative capital investment commission; providing for legislative consideration of state capital needs; proposing coding for new law in Minnesota Statutes, chapter 3.

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

Garcia, Koskinen, Carruthers, Leighton and Ozment introduced:

H. F. No. 801, A bill for an act relating to state government; providing for the application of certain employment laws; amending Minnesota Statutes 1996, sections 3.09; 43A.05, subdivision 5; 43A.19, subdivision 1; 177.23, subdivision 6; 179A.03, subdivision 15; and 363.073, subdivision 1.

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

Carruthers, Carlson, Milbert, Abrams and Garcia introduced:

H. F. No. 802, A bill for an act relating to taxation; allowing an income tax credit for gifts by individuals to institutions of higher education; amending Minnesota Statutes 1996, section 290.06, by adding a subdivision.

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


Journal of the House - 15th Day - Top of Page 266

Seifert introduced:

H. F. No. 803, A bill for an act relating to capital improvements; appropriating money to the commissioner of natural resources for a grant to Marshall for flood control; authorizing the sale of state bonds.

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

Milbert, Van Dellen, Opatz, Rest and Long introduced:

H. F. No. 804, A bill for an act relating to local government; regulating the amount a local government unit may charge for issuing a building permit; proposing coding for new law in Minnesota Statutes, chapter 465.

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

Swenson, D.; Broecker; Clark; Gunther and Trimble introduced:

H. F. No. 805, A bill for an act relating to children; providing for grants to youth intervention programs; appropriating money.

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

Dehler introduced:

H. F. No. 806, A bill for an act relating to taxation; property tax; clarifying status of fish as agricultural products for purposes of classification as agricultural land; amending Minnesota Statutes 1996, section 273.13, subdivision 23.

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

Olson, E.; Macklin; Johnson, A.; Daggett and Long introduced:

H. F. No. 807, A bill for an act relating to taxation; making policy changes to property taxes; amending Minnesota Statutes 1996, sections 275.075; 287.08; 287.28; 287.37; 290A.04, subdivision 2h; 477A.05, subdivisions 1, 2, and 5; and 515B.1-105; Laws 1996, chapter 471, article 3, section 49.

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

Long; Macklin; Olson, E.; Daggett and Johnson, A., introduced:

H. F. No. 808, A bill for an act relating to taxation; making policy changes to income and withholding taxes, sales and use taxes, MinnesotaCare taxes, and tax collections; providing civil penalties; amending Minnesota Statutes 1996, sections 60A.15, subdivision 1; 116.07, subdivision 10; 270.02, subdivision 3; 270.063; 270.10, subdivision 5; 270.101, subdivisions 2, 3, and by adding a subdivision; 270.271, by adding a subdivision; 270.273, subdivision 2; 270.276, subdivision 2; 270.67, subdivision 2; 270.68, subdivision 1; 270.69, subdivision 11; 270.701, subdivisions 2 and 5; 270.708, subdivision 1; 270.721; 270.73, subdivision 1; 270A.07, subdivision 1; 271.06, subdivision 2; 271.08, subdivision 1; 271.10, subdivision 2; 287.31, subdivision 1; 287.37; 289A.02, subdivision 7; 289A.08, subdivisions 3 and 7; 289A.09, subdivision 2; 289A.20, subdivisions 1 and 2; 289A.26, subdivisions 2, 3, 6, and 7; 289A.31, subdivisions 1, 5, and 7; 289A.36, subdivision 4; 289A.37, subdivision 1; 289A.40, subdivisions 1 and 2; 289A.60, subdivision 15; 290.01, subdivisions 19, 19c, 19d, and 31; 290.095, subdivision 3; 290.35, subdivision 2; 291.005, subdivision 1; 295.50, subdivisions 3, 6, and 14; 295.52, subdivision 4; 295.53, subdivision 4; 295.55, subdivision 2; 297A.01, subdivisions 3, 15, and by adding a subdivision; 297A.041; 297A.07, subdivision 3; 297A.09; 297A.24, by adding


Journal of the House - 15th Day - Top of Page 267

a subdivision; 297A.25, subdivisions 2, 7, 12, and 41; 297A.45, subdivision 4, and by adding a subdivision; 297B.035, subdivision 3; 297B.11; 297E.04, subdivision 3; 298.01, subdivision 4c; 299F.21; 349.12, subdivision 26a; and 349.163, subdivision 8; Laws 1995, chapter 264, article 10, section 15; proposing coding for new law in Minnesota Statutes, chapters 270; 287; and 290.

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

Winter, Mulder, Jaros, Otremba and Olson, E., introduced:

H. F. No. 809, A bill for an act relating to economic development; regulating regional development commissions; amending Minnesota Statutes 1996, sections 462.381; 462.383; 462.384, subdivision 5; 462.385; 462.386, subdivision 1; 462.387; 462.388; 462.389, subdivisions 1, 3, and 4; 462.39, subdivisions 2 and 3; 462.391, subdivision 5, and by adding subdivisions; 462.393; 462.394; 462.396; and 462.398; repealing Minnesota Statutes 1996, sections 462.384, subdivision 7; 462.385, subdivision 2; 462.389, subdivision 5; 462.391, subdivisions 1, 2, 3, 4, 6, 7, 8, and 9; and 462.392.

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

Wolf, Delmont and McElroy introduced:

H. F. No. 810, A bill for an act relating to employment; modifying bond requirements for certain search firms; amending Minnesota Statutes 1996, section 184.30, subdivision 1.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Entenza, Greenfield, Trimble, Gunther and Mariani introduced:

H. F. No. 811, A bill for an act relating to state government; appropriating money for use by nonprofit organizations for certain technical assistance.

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

Dawkins, Wagenius and Winter introduced:

H. F. No. 812, A bill for an act relating to property taxation; local performance aid; modifying eligibility requirements; allowing for participation by school districts; amending Minnesota Statutes 1996, section 477A.05.

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

Huntley, Jennings and Jaros introduced:

H. F. No. 813, A bill for an act relating to gambling; appropriating money for a grant to an adolescent prevention program in St. Louis county.

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

Koskinen introduced:

H. F. No. 814, A bill for an act relating to human rights; prohibiting reprisals by any person; amending Minnesota Statutes 1996, section 363.03, subdivision 7.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.


Journal of the House - 15th Day - Top of Page 268

Rest introduced:

H. F. No. 815, A bill for an act relating to tax increment financing; requiring fiscal disparities contributions to be made from the increment district; amending Minnesota Statutes 1996, sections 469.175, subdivision 5; and 469.177, subdivision 3.

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

Finseth, Lieder and Olson, E., introduced:

H. F. No. 816, A bill for an act relating to tax increment financing; allowing the city of East Grand Forks to extend the duration of a tax increment financing district.

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

Mariani, McGuire, Carlson and Leighton introduced:

H. F. No. 817, A bill for an act relating to state government; foodshelf program; appropriating money.

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

Milbert introduced:

H. F. No. 818, A bill for an act relating to taxation; sales and use; excluding services performed by certain coin-operated car washes from the definition of a sale; amending Minnesota Statutes 1996, section 297A.01, subdivision 3.

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

Wagenius, Entenza, Biernat and Schumacher introduced:

H. F. No. 819, A bill for an act relating to education; modifying eligibility for first-grade preparedness; appropriating money for the first-grade preparedness program; amending Minnesota Statutes 1996, section 124.2613, subdivision 3; repealing Minnesota Statutes 1996, section 124.2613, subdivision 8.

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

Dehler, Koppendrayer and Kielkucki introduced:

H. F. No. 820, A bill for an act relating to education; permitting guidance and counseling services to be provided at nonpublic schools; amending Minnesota Statutes 1996, section 123.935, subdivision 2.

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

Dehler introduced:

H. F. No. 821, A bill for an act relating to gambling; regulating gambling at retail liquor establishments; amending Minnesota Statutes 1996, section 340A.410, subdivision 5.

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


Journal of the House - 15th Day - Top of Page 269

Pugh, Knoblach, Carruthers, Pawlenty and Entenza introduced:

H. F. No. 822, A bill for an act relating to civil actions; providing immunity for certain background reference checks; proposing coding for new law in Minnesota Statutes, chapter 604A.

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

Jennings, Delmont and Bradley introduced:

H. F. No. 823, A bill for an act relating to human services; changing provisions for private pay rates of short-stays for nursing facilities; amending Minnesota Statutes 1996, section 256B.434, subdivision 5.

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

Dorn, Haas, Greenfield, Long and Rukavina introduced:

H. F. No. 824, A bill for an act relating to health; clarifying the status of the comprehensive health association under medical assistance and general assistance medical care; clarifying eligibility; opening the process for selecting a writing carrier; permitting contributing members to offset assessments against premium taxes; eliminating the four-month waiting period under MinnesotaCare for association enrollees; modifying coverage for medical assistance enrollees; transferring insurance premium tax revenue to the general fund; appropriating money; amending Minnesota Statutes 1996, sections 62A.045; 62E.02, subdivisions 13 and 18; 62E.04, subdivision 8; 62E.11, by adding a subdivision; 62E.13, subdivision 2; 256.9357, subdivision 3; 256B.056, subdivision 8; 256B.0625, subdivision 15; 256D.03, subdivision 3b; and 295.58.

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

Mulder and Westrom introduced:

H. F. No. 825, A bill for an act relating to taxation; income tax; adopting federal provisions providing for medical savings accounts; amending Minnesota Statutes 1996, sections 289A.02, subdivision 7; 290.01, subdivisions 19 and 31; and 291.005, subdivision 1.

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

Jennings, Bradley, Wejcman, Boudreau and Greenfield introduced:

H. F. No. 826, A bill for an act relating to health; exempting audiologists and speech-language pathologists from certification and certain other requirements for hearing instrument dispensers; amending Minnesota Statutes 1996, sections 148.5195, subdivision 3, and by adding subdivisions; and 153A.18; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 1996, section 153A.14, subdivision 2a.

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

Tomassoni, Winter, Holsten, Boudreau and Peterson introduced:

H. F. No. 827, A bill for an act relating to the University of Minnesota; establishing a center for research on grapes and wine; appropriating money; amending Minnesota Statutes 1996, section 297C.08; proposing coding for new law in Minnesota Statutes, chapter 137.

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


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Huntley, Jennings, Haas and Bradley introduced:

H. F. No. 828, A bill for an act relating to health; redefining the role of the health technology advisory committee; appropriating money; amending Minnesota Statutes 1996, section 62J.15; repealing Minnesota Statutes 1996, sections 13.99, subdivision 19a; 62J.152; and 62J.156.

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

Solberg, Kahn, Finseth and Pelowski introduced:

H. F. No. 829, A bill for an act relating to meetings of governmental bodies; authorizing meetings by electronic means if certain criteria are met; amending Minnesota Statutes 1996, sections 3.055, by adding a subdivision; and 471.705, subdivision 1.

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

Greenfield introduced:

H. F. No. 830, A bill for an act relating to health; clarifying the use of peer review data; amending Minnesota Statutes 1996, sections 145.64, subdivision 1; and 147.111, subdivision 4.

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

Biernat, Koppendrayer, Entenza, Seagren and Johnson, A., introduced:

H. F. No. 831, A bill for an act relating to education; ensuring equitable funding provisions for alternative education programs; amending Minnesota Statutes 1996, sections 124.17, subdivision 4; 124C.45, subdivision 1a; and 126.23, subdivision 1.

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

Pugh; McGuire; Swenson, D.; Skoglund and Pawlenty introduced:

H. F. No. 832, A bill for an act relating to civil actions; requiring certification of expert review in actions against certain professionals; proposing coding for new law in Minnesota Statutes, chapter 544.

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

Biernat, Dawkins and Leppik introduced:

H. F. No. 833, A bill for an act relating to family law; requiring appointment of guardians ad litem in certain cases; clarifying liability of a spouse for debt incurred by the other spouse; amending Minnesota Statutes 1996, sections 518.179, subdivision 1; and 519.05.

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

Clark, Mullery, Trimble, Jefferson and Dempsey introduced:

H. F. No. 834, A bill for an act relating to housing; eliminating the funding limit on Youthbuild grants; permitting the agency to use part of the appropriation for administrative costs; appropriating money; amending Minnesota Statutes 1996, section 268.362, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 268.

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


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Delmont, Sekhon, Koskinen and Tingelstad introduced:

H. F. No. 835, A bill for an act relating to human services; creating an exception for a separate annual audit of a county operated day training and habilitation program; amending Minnesota Statutes 1996, section 252.46, subdivision 10.

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

Evans, Mullery, Clark, Gunther and Jaros introduced:

H. F. No. 836, A bill for an act relating to economic development; providing for technical assistance and loan administration assistance for microenterprise loans; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

Munger, Leppik, Orfield, Wagenius and Rostberg introduced:

H. F. No. 837, A bill for an act relating to the environment; modifying requirements for toxic pollution prevention plans; amending Minnesota Statutes 1996, sections 115D.07, subdivision 2; and 115D.08.

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

Dehler introduced:

H. F. No. 838, A bill for an act relating to local government; providing for certain regulation in areas about to be orderly annexed; amending Minnesota Statutes 1996, section 414.0325, subdivision 5.

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

Dehler introduced:

H. F. No. 839, A bill for an act relating to controlled substances; making it a misdemeanor to possess a small amount of marijuana or to possess drug paraphernalia in a school zone; amending Minnesota Statutes 1996, sections 152.027, subdivision 4; and 152.092.

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

Wagenius, Tingelstad, Long, Osthoff and Sekhon introduced:

H. F. No. 840, A bill for an act relating to environment; authorizing reimbursements under the petroleum tank release cleanup program for corrective actions at petroleum contaminated sites which are not associated with a release from a tank; extending the authority of the commissioner of the pollution control agency to issue liability assurances in certain situations; amending Minnesota Statutes 1996, sections 115C.02, subdivision 1; 115C.03, subdivision 9; 115C.08, subdivisions 2 and 4; and 115C.09, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 115C.

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

Dehler, Peterson, Molnau, Schumacher and Anderson, I., introduced:

H. F. No. 841, A bill for an act relating to drivers' licenses; allowing for driver's license and state identification card to bear firearms safety designation; amending Minnesota Statutes 1996, section 171.07, by adding a subdivision.

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


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Orfield introduced:

H. F. No. 842, A bill for an act relating to transportation; requiring a LUTRAQ alternative analysis for any metropolitan area principal arterial capacity expansion project; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Clark, Kinkel, Jefferson, Kahn and Sykora introduced:

H. F. No. 843, A bill for an act relating to housing; establishing an advisory task force on lead hazard reduction; appropriating money.

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

Rest, Mares, McGuire and Dorn introduced:

H. F. No. 844, A bill for an act relating to health; establishing a birth defects information system; providing criminal penalties; appropriating money; amending Minnesota Statutes 1996, section 144.2215; proposing coding for new law in Minnesota Statutes, chapters 13; and 144.

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

Leighton and Delmont introduced:

H. F. No. 845, A bill for an act relating to crimes; driving while impaired; providing felony penalties for certain repeat violations of the DWI law; amending Minnesota Statutes 1996, sections 169.121, subdivisions 3 and 3a; and 169.129.

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

Leighton, McGuire and Entenza introduced:

H. F. No. 846, A bill for an act relating to civil actions; clarifying the delayed discovery rule governing the statute of limitations for damages due to sexual abuse; amending Minnesota Statutes 1996, section 541.073.

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

Entenza, Tomassoni, Ness, Biernat and Mares introduced:

H. F. No. 847, A bill for an act relating to education; appropriating money to fund the school lunch program.

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

Dehler introduced:

H. F. No. 848, A bill for an act relating to corrections; appropriating money to expand sentencing to service programs.

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


Journal of the House - 15th Day - Top of Page 273

Weaver, Biernat, Stanek, Leighton and Entenza introduced:

H. F. No. 849, A bill for an act relating to public safety; modifying certain requirement for operating emergency vehicle; amending Minnesota Statutes 1996, section 169.17.

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

Weaver, Mares and Biernat introduced:

H. F. No. 850, A bill for an act relating to education; removing the increase in age requirements for compulsory instruction; amending Minnesota Statutes 1996, section 120.101, subdivision 5; repealing Minnesota Statutes 1996, section 120.105.

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

Folliard, Greenfield, Wejcman and Tompkins introduced:

H. F. No. 851, A bill for an act relating to human services; establishing the New Chance program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256.

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

McGuire, Hausman and Osthoff introduced:

H. F. No. 852, A bill for an act relating to Ramsey county; appropriating money for an environmental education consortium.

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

Clark, Peterson, Jennings and Jefferson introduced:

H. F. No. 853, A bill for an act relating to utilities; expanding the telephone assistance program to provide assistance to low-income families with children; amending Minnesota Statutes 1996, section 237.70, subdivisions 4a and 6.

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

Clark, Jennings and Olson, E., introduced:

H. F. No. 854, A bill for an act relating to telecommunications; authorizing creation of telecommunication services purchasing cooperatives; amending Minnesota Statutes 1996, section 237.065; proposing coding for new law in Minnesota Statutes, chapter 308A.

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

Dehler introduced:

H. F. No. 855, A bill for an act relating to local government; clarifying the definition of property owner; amending Minnesota Statutes 1996, section 414.011, subdivision 5.

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


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Dehler introduced:

H. F. No. 856, A bill for an act relating to the legislature; defining which members are subject to the legislators' retirement law; proposing coding for new law in Minnesota Statutes, chapter 3A.

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

Rhodes, Mahon, Garcia, Entenza and Broecker introduced:

H. F. No. 857, A bill for an act relating to metropolitan government; modifying the metropolitan council cost allocation system for wastewater services; amending Minnesota Statutes 1996, sections 473.511, subdivision 4; and 473.517, subdivisions 1 and 2.

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

Huntley, Carruthers, Jennings, Haas and Bradley introduced:

H. F. No. 858, A bill for an act relating to health; regulating health plans; providing for certain disclosures; amending Minnesota Statutes 1996, sections 62J.04, subdivisions 1, 1a, and 3; 62J.041; and 62J.042, subdivisions 2, 3, and 4.

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

Opatz introduced:

H. F. No. 859, A bill for an act relating to health; exempting dental goods and services from the MinnesotaCare provider tax; amending Minnesota Statutes 1996, sections 295.50, subdivision 4; and 295.53, by adding a subdivision.

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

Dawkins, Stanek, McGuire, Murphy and Broecker introduced:

H. F. No. 860, A bill for an act relating to crime prevention; requiring the department of corrections to reimburse counties for the costs incurred by counties in apprehending and confining certain individuals under the department's supervision; amending Minnesota Statutes 1996, section 241.271; proposing coding for new law in Minnesota Statutes, chapter 241.

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

Delmont, Greenfield, Vickerman, Bradley and Jennings introduced:

H. F. No. 861, A bill for an act relating to health professions; establishing licensure requirements for part-time practitioners of psychology and for emeritus registrants; amending Minnesota Statutes 1996, sections 148.89, subdivision 4; and 148.96, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 148.

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

Delmont, Greenfield, Vickerman, Jennings and Dorn introduced:

H. F. No. 862, A bill for an act relating to health; increasing medical assistance reimbursement rates for physical therapy, occupational therapy, and speech-language services.

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


Journal of the House - 15th Day - Top of Page 275

Macklin, Biernat, McGuire, Larsen and Dorn introduced:

H. F. No. 863, A bill for an act relating to civil actions; regulating the apportionment of joint and several liability; amending Minnesota Statutes 1996, section 604.02, subdivision 1.

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

McGuire, Greenfield and Wejcman introduced:

H. F. No. 864, A bill for an act relating to professions; modifying provisions relating to the board of social work; providing civil penalties; amending Minnesota Statutes 1996, sections 13.99, subdivision 50; 148B.01, subdivisions 4 and 7; 148B.03; 148B.04, subdivisions 2, 3, and 4; 148B.06, subdivision 3; 148B.07; 148B.08, subdivision 2; 148B.18, subdivisions 4, 5, 11, and by adding subdivisions; 148B.19, subdivisions 1, 2, and 4; 148B.20, subdivision 1, and by adding a subdivision; 148B.21, subdivisions 3, 4, 5, 6, and 7; 148B.215; 148B.22, by adding a subdivision; 148B.26, subdivision 1, and by adding a subdivision; 148B.27, subdivisions 1 and 2; and 148B.28, subdivisions 1 and 4; proposing coding for new law in Minnesota Statutes, chapter 148B; repealing Minnesota Statutes 1996, sections 148B.01, subdivision 3; 148B.18, subdivisions 6 and 7; 148B.19, subdivision 3; and 148B.23.

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

Schumacher, Seagren, Jennings, Larsen and Lieder introduced:

H. F. No. 865, A bill for an act relating to civil actions; abolishing the apportionment of joint and several liability in certain cases; amending Minnesota Statutes 1996, section 604.02, subdivision 1.

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

Milbert, McCollum, Osthoff, Pawlenty and Pelowski introduced:

H. F. No. 866, A bill for an act relating to the legislature; reducing its size; amending Minnesota Statutes 1996, section 2.021.

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

Delmont and Bradley introduced:

H. F. No. 867, A bill for an act relating to human services; changing provisions for medical assistance; amending Minnesota Statutes 1996, section 256B.48, subdivision 6.

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

Anderson, I.; Rest; Mahon; Lieder and Ozment introduced:

H. F. No. 868, A bill for an act relating to veterans; providing for the payment of a monetary bonus to veterans of the Persian Gulf War; establishing the bonus program; authorizing the sale of state bonds; imposing a penalty; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 197.

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


Journal of the House - 15th Day - Top of Page 276

Rest, Schumacher and Stanek introduced:

H. F. No. 869, A bill for an act relating to local government; increasing the per diem reimbursement for members of the Minnesota municipal board; amending Minnesota Statutes 1996, section 414.01, subdivision 6a.

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

Kahn, Pelowski, Goodno, Wenzel and Dorn introduced:

H. F. No. 870, A bill for an act relating to state government; permitting use of state time, property, or equipment for certain electronic communication; amending Minnesota Statutes 1996, section 43A.38, subdivision 4.

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

Hilty, Kinkel, Kahn, Tuma and Mares introduced:

H. F. No. 871, A bill for an act relating to state agencies; providing for the electronic conduct of state business; authorizing the commissioner of administration to approve digital signatures; amending Minnesota Statutes 1996, sections 16B.05, subdivision 2; and 16B.467.

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

Seagren, Entenza and Tuma introduced:

H. F. No. 872, A bill for an act relating to education; modifying the Pupil Fair Dismissal Act; amending Minnesota Statutes 1996, sections 127.26; 127.27, subdivisions 5, 6, 7, 8, 10, and by adding a subdivision; 127.281; 127.29; 127.30, subdivisions 1, 2, 3, and by adding a subdivision; 127.31, subdivisions 2, 7, 8, 13, 14, and 15; 127.311; 127.32; 127.33; 127.36; 127.37; and 127.38; repealing Minnesota Statutes 1996, section 127.31, subdivision 6.

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

Pugh, Marko, Lieder, McElroy and Workman introduced:

H. F. No. 873, A bill for an act relating to transportation; creating a major transportation projects fund; prescribing eligibility of projects for the fund; proposing coding for new law in Minnesota Statutes, chapter 161.

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

Knoblach, Osthoff, Rukavina, Kahn and Leppik introduced:

H. F. No. 874, A bill for an act relating to the environment; requiring new procedures for water quality standards review; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116.

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

Tunheim; Anderson, I.; Otremba; Tompkins and Vickerman introduced:

H. F. No. 875, A bill for an act relating to insurance; requiring health insurers to cover care provided by any licensed provider willing to serve the insurer's enrollees; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 1996, section 62Q.095.

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


Journal of the House - 15th Day - Top of Page 277

Erhardt, Macklin, Rest and Long introduced:

H. F. No. 876, A bill for an act relating to taxation; repealing provisions providing for the property tax refund on the property tax statement; repealing Minnesota Statutes 1996, sections 270B.12, subdivision 11; 276.012; 290A.055; and 290A.26; Laws 1995, chapter 264, article 4, as amended.

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

Tompkins, Wenzel, Trimble, Milbert and Macklin introduced:

H. F. No. 877, A bill for an act relating to education; extending residency for appropriation purposes; amending Minnesota Statutes 1996, section 135A.031, subdivision 2.

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

Bettermann, Paulsen, Dehler, Tuma and Leppik introduced:

H. F. No. 878, A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, board of trustees of the Minnesota state colleges and universities, board of regents of the University of Minnesota, and the Mayo medical foundation, with certain conditions; amending Minnesota Statutes 1996, section 136A.121, subdivisions 5 and 9a; Laws 1996, chapters 395, section 4; and 463, section 2, subdivision 6.

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

Seagren, Entenza and Carlson introduced:

H. F. No. 879, A bill for an act relating to education; changing revenue formulas for adult basic education; appropriating money for adult basic education and adult graduation aid; amending Minnesota Statutes 1996, sections 124.17, subdivision 4; 124.26, subdivision 2; and 124.2601, subdivisions 3, 4, 5, and 6.

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

Hausman, Munger, Hilty and Osskopp introduced:

H. F. No. 880, A bill for an act relating to the environment; reactivating and reorganizing the nuclear waste council; modifying provisions relating to dry cask storage of nuclear waste; appropriating money; amending Minnesota Statutes 1996, sections 116C.711, subdivisions 1 and 2; 116C.712, subdivisions 1, 2, and 5; and 116C.771; repealing Minnesota Statutes 1996, section 116C.80.

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

Seagren and Bradley introduced:

H. F. No. 881, A bill for an act relating to insurance; permitting health maintenance organizations to provide coverage supplemental to medical savings accounts on the same basis as other insurers; amending Minnesota Statutes 1996, section 62D.02, subdivision 8.

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


Journal of the House - 15th Day - Top of Page 278

Dawkins, Mariani, Nornes, Luther and Paymar introduced:

H. F. No. 882, A bill for an act relating to services to children and families; establishing a pilot program to provide stipends to neighborhood organizations for the delivery of certain services to children and families; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 119A.

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

Stang, Kahn and Dehler introduced:

H. F. No. 883, A bill for an act relating to retirement; providing retirement options for certain employees of the Melrose hospital and Pine Villa.

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

McElroy, Kelso, Sykora, Koppendrayer and Wolf introduced:

H. F. No. 884, A bill for an act relating to education; permitting school districts to include attendance information on secondary student transcripts; amending Minnesota Statutes 1996, section 120.101, by adding a subdivision.

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

Greenfield, Carruthers, Tompkins, Weaver and Dorn introduced:

H. F. No. 885, A bill for an act relating to health; establishing a state board of physical therapy; requiring rulemaking; providing licensing requirements for physical therapists; amending Minnesota Statutes 1996, sections 144A.46, subdivision 2; 148.66; 148.67; 148.70; 148.705; 148.71; 148.72, subdivisions 1, 2, and 4; 148.73; 148.74; 148.75; 148.76; 148.78; and 214.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 148.

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

Milbert, Carruthers, Jennings, Pugh and Greenfield introduced:

H. F. No. 886, A bill for an act relating to occupations and professions; providing for the licensure of opticians by the commissioner of health; requiring rulemaking; proposing coding for new law as Minnesota Statutes, chapter 148D.

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

Anderson, I., introduced:

H. F. No. 887, A bill for an act relating to taxation; property tax; changing the classification of certain golf course property; amending Minnesota Statutes 1996, section 273.13, subdivision 25.

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

Peterson and Carlson introduced:

H. F. No. 888, A bill for an act relating to education; providing for an adult farm management levy for independent school district No. 378, Dawson-Boyd.

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


Journal of the House - 15th Day - Top of Page 279

Evans, Delmont, McElroy, Kubly and Tomassoni introduced:

H. F. No. 889, A bill for an act relating to housing; providing for changes in rights of parties to mobile home park rentals; amending Minnesota Statutes 1996, sections 327C.07, subdivision 2; and 327C.09, subdivision 4.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 121, A bill for an act relating to youth initiative grants; adding the Harrison neighborhood to the Sumner-Glenwood neighborhood for purposes of eligibility for certain enrichment grants; amending Laws 1996, chapter 463, section 4, subdivision 2.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 4, A senate concurrent resolution providing for a Joint Convention of the Senate and the House of Representatives to elect members of the Board of Regents of the University of Minnesota.

Patrick E. Flahaven, Secretary of the Senate

SUSPENSION OF RULES

Winter moved that the rules be so far suspended that Senate Concurrent Resolution No. 4 be now considered and be placed upon its adoption. The motion prevailed.

SENATE CONCURRENT RESOLUTION NO. 4

A senate concurrent resolution providing for a Joint Convention of the Senate and the House of Representatives to elect members of the Board of Regents of the University of Minnesota.

Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring:

The Senate and House of Representatives shall meet in Joint Convention on Thursday, February 27, 1997, at 12:00 noon in the Chamber of the House of Representatives to elect members to the Board of Regents of the University of Minnesota.

Winter moved that Senate Concurrent Resolution No. 4 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 4 was adopted.


Journal of the House - 15th Day - Top of Page 280

Mr. Speaker:

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

S. F. Nos. 202, 296, 242, 73 and 67.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 202, A bill for an act relating to property; validating certain conveyances by religious corporations; requiring published notice of dispositions of certain real property in a marriage dissolution action; regulating property held in revocable trusts upon the dissolution of marriage; regulating specific devises and distributions of property under the uniform probate code; amending Minnesota Statutes 1996, sections 315.121; 518.11; 524.2-402; 524.2-403; and 524.2-606; proposing coding for new law in Minnesota Statutes, chapters 501B; and 524.

The bill was read for the first time.

Mullery moved that S. F. No. 202 and H. F. No. 220, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 296, A bill for an act relating to water; providing for four-year terms for soil and water conservation district supervisors; conforming the timelines for appointing supervisor replacements to other election law; amending Minnesota Statutes 1996, sections 103C.301, subdivisions 1 and 6; 103C.305, subdivision 6; 103C.311; and 103C.315, subdivision 2.

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

S. F. No. 242, A bill for an act relating to human rights; suspending a deadline during mediation in certain cases; amending Minnesota Statutes 1996, section 363.06, by adding a subdivision.

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

S. F. No. 73, A bill for an act relating to elections; providing a change of address system for registered voters; amending Minnesota Statutes 1996, section 201.13, subdivision 3.

The bill was read for the first time.

Folliard moved that S. F. No. 73 and H. F. No. 294, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 67, A bill for an act relating to corrections; changing occupancy requirements applicable to state prisons; amending Minnesota Statutes 1996, section 243.53, subdivision 1; repealing Minnesota Statutes 1996, section 243.53, subdivision 2.

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


Journal of the House - 15th Day - Top of Page 281

CONSENT CALENDAR

H. F. No. 473, A bill for an act relating to metropolitan government; permitting the metropolitan council to operate preventive health and employee recognition programs; amending Minnesota Statutes 1996, section 473.129, by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Knight Krinkie Olson, M. Tuma

The bill was passed and its title agreed to.

S. F. No. 264, A bill for an act relating to housing; providing temporary authority for certain loans.

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 119 yeas and 11 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Johnson, A. Marko Peterson Sykora
Anderson, B. Evans Johnson, R. McGuire Pugh Tingelstad
Anderson, I. Farrell Juhnke Milbert Rest Tomassoni
Bakk Finseth Kahn Molnau Rhodes Tompkins

Journal of the House - 15th Day - Top of Page 282
Bettermann Folliard Kalis Mulder Rifenberg Trimble
Biernat Garcia Kelso Mullery Rostberg Tuma
Bishop Goodno Kielkucki Munger Rukavina Tunheim
Boudreau Greenfield Kinkel Murphy Schumacher Van Dellen
Bradley Greiling Koskinen Ness Seagren Vickerman
Carlson Gunther Kraus Nornes Seifert Wagenius
Chaudhary Haas Kubly Olson, E. Sekhon Weaver
Clark Harder Leighton Opatz Skare Wejcman
Commers Hasskamp Leppik Orfield Skoglund Wenzel
Daggett Hausman Lieder Osskopp Slawik Westfall
Davids Hilty Long Osthoff Solberg Westrom
Dawkins Holsten Luther Otremba Stanek Winter
Delmont Huntley Macklin Ozment Stang Wolf
Dempsey Jaros Mahon Pawlenty Sviggum Workman
Dorn Jefferson Mares Paymar Swenson, D. Spk. Carruthers
Entenza Jennings Mariani Pelowski Swenson, H.

Those who voted in the negative were:

Broecker Knight Krinkie Larsen Olson, M. Smith
Dehler Koppendrayer Kuisle Lindner Paulsen

The bill was passed and its title agreed to.

CALENDAR

H. F. No. 125, A bill for an act relating to taxation; authorizing the city of Kenyon to recertify its final levy for taxes levied in 1996.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


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H. F. No. 50, A bill for an act relating to economic development; providing for trade and economic development officers to be placed in nonmetropolitan state offices; amending Minnesota Statutes 1996, section 116J.01, subdivision 5.

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 88 yeas and 41 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Farrell Johnson, R. Mariani Pawlenty Stang
Bakk Finseth Juhnke Marko Paymar Swenson, D.
Biernat Folliard Kahn McGuire Pelowski Tingelstad
Bishop Garcia Kalis Milbert Peterson Tomassoni
Carlson Goodno Kelso Mullery Pugh Trimble
Chaudhary Greenfield Kielkucki Munger Rest Tunheim
Clark Greiling Kinkel Murphy Rostberg Wagenius
Daggett Gunther Koskinen Ness Rukavina Wejcman
Dawkins Hasskamp Kubly Olson, E. Schumacher Wenzel
Dehler Hilty Leighton Olson, M. Seifert Westfall
Delmont Huntley Lieder Opatz Sekhon Westrom
Dempsey Jaros Long Orfield Skare Winter
Dorn Jefferson Luther Osskopp Skoglund Spk. Carruthers
Entenza Jennings Mahon Otremba Slawik
Evans Johnson, A. Mares Ozment Solberg

Those who voted in the negative were:

Abrams Davids Koppendrayer Macklin Rifenberg Tuma
Anderson, B. Erhardt Kraus Molnau Smith Van Dellen
Bettermann Haas Krinkie Mulder Stanek Vickerman
Boudreau Harder Kuisle Nornes Sviggum Weaver
Bradley Hausman Larsen Osthoff Swenson, H. Wolf
Broecker Holsten Leppik Paulsen Sykora Workman
Commers Knight Lindner Rhodes Tompkins

The bill was passed and its title agreed to.

Slawik was excused at 3:30 p.m.

GENERAL ORDERS

Pursuant to Rules of the House, the House resolved itself into the Committee of the Whole with Carruthers in the Chair for consideration of bills pending on General Orders of the day. After some time spent therein the Committee arose.

REPORT OF THE COMMITTEE OF THE WHOLE

The Speaker resumed the Chair, whereupon the following recommendations of the Committee were reported to the House:

H. F. Nos. 179 and 453 were recommended for progress.

H. F. No. 512 which it recommended to pass with the following amendment offered by Rest:

Page 1, line 15, before the period, insert ", but only one that is either a county, a town, or a statutory or home rule charter city"


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H. F. No. 221 which it recommended for progress with the following amendment offered by Stanek:

Page 1, line 26, after "(2)" insert "by a person age 18 or over"

H. F. No. 293, the first engrossment, which it recommended to pass with the following amendment offered by Johnson, A.:

Page 3, line 18, delete "federally" and after "telefile" insert "the federal return"

Page 5, line 4, delete "their" and insert "its"

Page 6, line 33, delete "chapter 298" and insert "sections 298.01 and 298.015"

Pages 34 and 35, delete section 44

Page 51, line 16, after the period insert "On all demands, billings, property tax statements, and related correspondence, the county must list and state separately the amounts of homestead benefits, penalty, interest and costs being demanded, billed or assessed."

Pages 61 and 62, delete sections 13 and 14

Renumber the sections in sequence and correct internal references

Amend the title accordingly

On the motion of Winter, the report of the Committee of the Whole was adopted.

ROLL CALLS IN THE COMMITTEE OF THE WHOLE

Pursuant to rule 1.06, the following roll call was taken in the Committee of the Whole:

The question was taken on the motion to recommend passage of H. F. No. 221, the first engrossment, as amended, and the roll was called. There were 48 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Biernat Evans Johnson, R. Leppik Murphy Skoglund
Bradley Folliard Juhnke Lieder Ness Swenson, D.
Broecker Garcia Kahn Long Olson, E. Tingelstad
Chaudhary Goodno Kalis Luther Pawlenty Wagenius
Clark Greenfield Kelso Macklin Paymar Weaver
Dorn Hausman Kraus Mahon Pugh Wejcman
Entenza Jaros Kubly Marko Rhodes Westfall
Erhardt Johnson, A. Larsen McGuire Sekhon Spk. Carruthers

Those who voted in the negative were:

Abrams Dempsey Knight Nornes Rukavina Trimble
Anderson, B. Farrell Koppendrayer Olson, M. Schumacher Tuma

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Anderson, I. Finseth Koskinen Opatz Seagren Tunheim
Bakk Gunther Krinkie Orfield Seifert Van Dellen
Bettermann Haas Kuisle Osskopp Skare Vickerman
Bishop Harder Leighton Osthoff Smith Wenzel
Boudreau Hasskamp Lindner Otremba Solberg Westrom
Carlson Hilty Mares Ozment Stanek Winter
Commers Holsten Mariani Paulsen Stang Wolf
Daggett Huntley Milbert Pelowski Sviggum Workman
Davids Jefferson Molnau Peterson Swenson, H.
Dawkins Jennings Mulder Rest Sykora
Dehler Kielkucki Mullery Rifenberg Tomassoni
Delmont Kinkel Munger Rostberg Tompkins

The motion did not prevail.

MOTIONS AND RESOLUTIONS

Pelowski moved that the name of Bettermann be added as an author on H. F. No. 273. The motion prevailed.

Westfall moved that his name be stricken as an author on H. F. No. 366. The motion prevailed.

Haas moved that the name of Swenson, H., be added as an author on H. F. No. 545. The motion prevailed.

Rhodes moved that the names of Greenfield and Johnson, A., be added as authors on H. F. No. 669. The motion prevailed.

Bakk moved that the name of Milbert be added as an author on H. F. No. 715. The motion prevailed.

Juhnke moved that the name of Peterson be stricken and the name of Westrom be added as an author on H. F. No. 728. The motion prevailed.

Murphy moved that the name of Hilty be added as an author on H. F. No. 773. The motion prevailed.

Murphy moved that the name of Hilty be added as an author on H. F. No. 774. The motion prevailed.

Leighton moved that the name of Entenza be added as an author on H. F. No. 784. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the following committee assignment:

Ways and Means: Add the name of Greenfield, ex officio.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, February 24, 1997. 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., Monday, February 24, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives


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