Journal of the House - 23rd Day - Top of Page 717

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

TWENTY-THIRD DAY

Saint Paul, Minnesota, Monday, March 17, 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 Father Harry Behan, St. Peter Catholic Church, St. Peter, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

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

A quorum was present.

Hausman and Munger were excused. Otremba was excused until 3:20 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Delmont 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 - 23rd Day - Top of Page 718

REPORTS OF CHIEF CLERK

S. F. No. 124 and H. F. No. 483, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Olson, E., moved that the rules be so far suspended that S. F. No. 124 be substituted for H. F. No. 483 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 417 and H. F. No. 564, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Olson, E., moved that S. F. No. 417 be substituted for H. F. No. 564 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

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

H. F. No. 56, A bill for an act relating to commerce; providing for the use, validity, and security of electronic signatures and messages transmitted in commerce; prescribing penalties; proposing coding for new law as Minnesota Statutes, chapter 325K.

Reported the same back with the following amendments:

Page 8, line 20, after the semicolon, insert "and"

Page 8, line 22, delete "; and" and insert a period

Page 8, delete line 23

Page 9, line 19, after the semicolon, insert "and"

Page 9, line 21, delete "; and" and insert a period

Page 9, delete lines 22 and 23

Page 29, line 3, after the semicolon, insert "and"

Page 29, line 5, delete "and"

Page 29, delete line 6

Page 29, line 15, after the semicolon, insert "and"

Page 29, line 18, delete "; and" and insert a period

Page 29, delete lines 19 and 20

Pages 30 and 31, delete sections 28 and 29 and insert:

"Sec. 28. [APPROPRIATION.]

$50,000 is appropriated from the general fund to the secretary of state for the biennium ending June 30, 1999, for purposes of sections 1 to 27.


Journal of the House - 23rd Day - Top of Page 719

Sec. 29. [EFFECTIVE DATE.]

Sections 1 to 28 are effective January 1, 1999, except that any provision authorizing or requiring rules to be adopted is effective the day following final enactment."

Amend the title as follows:

Page 1, line 4, after "penalties;" insert "appropriating money;"

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. 90, A bill for an act relating to drivers' licenses; allowing exemption from drug and alcohol testing requirement for commercial motor vehicle driver who works as relief, replacement, or emergency snow plow operator; amending Minnesota Statutes 1996, section 171.03.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 171.02, is amended by adding a subdivision to read:

Subd. 5. [EXEMPTION FOR CERTAIN BACKUP SNOWPLOW DRIVERS.] Pursuant to the waiver authorization set forth in Public Law Number 104-59, section 345 (a)(5), a person who operates a commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, salting, or sanding is not required to hold a commercial driver's license if the person:

(1) is an employee of a local unit of government with a population of 3,000 or less;

(2) is operating within the boundaries of the local unit of government;

(3) holds a valid driver's license authorizing the operation of class B vehicles; and

(4) except in the event of a lawful strike, is temporarily replacing the employee who normally operates the vehicle but either is unable to operate the vehicle or is in need of additional assistance due to a snow emergency as determined by the local unit of government.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to drivers' licenses; allowing exemption from commercial driver's license requirement for certain snowplow operators; amending Minnesota Statutes 1996, section 171.02, by adding a subdivision."

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 23rd Day - Top of Page 720

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 246, A bill for an act relating to public nuisance; adding to the acts that constitute a nuisance; permitting a resident of the jurisdiction to join in a nuisance action and recover costs and attorney fees; amending Minnesota Statutes 1996, sections 617.81, subdivision 2; and 617.82; repealing Minnesota Statutes 1996, section 617.80, subdivision 6.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 617.81, subdivision 2, is amended to read:

Subd. 2. [ACTS CONSTITUTING A NUISANCE.] (a) For purposes of sections 617.80 to 617.87, a public nuisance exists upon proof of two or more separate behavioral incidents of one or more of the following, committed within the previous 12 months within the building:

(1) prostitution or prostitution-related activity committed within the building;

(2) gambling or gambling-related activity committed within the building;

(3) keeping or permitting a disorderly house within the building; maintaining a public nuisance in violation of section 609.74, clause (1) or (3);

(4) permitting a public nuisance in violation of section 609.745;

(4) (5) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances committed within the building;

(5) (6) unlicensed sales of alcoholic beverages committed within the building in violation of section 340A.401;

(6) (7) unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within the building in violation of section 340A.503, subdivision 2, clause (1); or

(7) (8) unlawful use or possession of a firearm, other dangerous weapon, or explosive in violation of section 609.66, subdivision 1 or 1a, 609.67, or 624.713, committed within the building.

(b) If the building contains more than one rental unit, two or more behavioral incidents must consist of conduct:

(1) by the same tenant or lessee, or persons acting in conjunction with or under the control of the same tenant or lessee;

(2) within the same rental unit while occupied by the same tenant or lessee or within two or more rental units while occupied by the same tenant or lessee; or

(3) by the owner of the building or persons acting in conjunction with or under the control of the owner.

(c) Proof of a nuisance exists if each of the elements of the conduct constituting the nuisance is established by clear and convincing evidence.

Sec. 2. Minnesota Statutes 1996, section 617.83, is amended to read:

617.83 [INJUNCTION; ORDER OF ABATEMENT.]

Upon proof of a nuisance described in section 617.81, subdivision 2, the court shall issue a permanent injunction and enter an order of abatement, except as otherwise provided by section 617.85. The permanent injunction must describe the conduct permanently enjoined. The order of abatement must direct the closing of the building or a portion of it for one year, except


Journal of the House - 23rd Day - Top of Page 721

as otherwise provided in section 617.84 or 617.85, unless sooner released pursuant to section 617.87. Before an abatement order is enforced against a building or portion of it, the owner must be served with the abatement order and a notice of the right to file a motion under section 617.85 in the same manner that a summons is served under the rules of civil procedure. A copy of the abatement order shall also be posted in a conspicuous place on the building or affected portion.

Sec. 3. [REPEALER.]

Minnesota Statutes 1996, section 617.80, subdivision 6, is repealed."

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 "amending"

Page 1, line 6, delete "617.82" and insert "617.83"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 285, A bill for an act relating to gambling; establishing a funding mechanism to cover the costs of inspection; appropriating money; amending Minnesota Statutes 1996, section 349.163, subdivision 4.

Reported the same back with the following amendments:

Page 1, line 14, delete "an inspection" and insert "inspections"

Page 1, line 15, after "facilities" insert ", where (1) the board has provided the manufacturer with reasonable notice of the inspections, and (2) the amount charged to the manufacturer for such inspections in any year does not exceed $7,500"

Page 1, line 17, before "Money" insert "Until July 1, 1999,"

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

The report was adopted.

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

H. F. No. 329, A bill for an act relating to partnerships; enacting the Uniform Partnership Act of 1994; providing for limited liability partnerships; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 323A; repealing Minnesota Statutes 1996, sections 323.01; 323.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8; 323.03; 323.04; 323.05; 323.06; 323.07; 323.08; 323.09; 323.10; 323.11; 323.12; 323.13; 323.14; 323.15; 323.16; 323.17; 323.18; 323.19; 323.20; 323.21; 323.22; 323.23; 323.24; 323.25; 323.26; 323.27; 323.28; 323.29; 323.30; 323.31; 323.32; 323.33; 323.34; 323.35; 323.36; 323.37; 323.38; 323.39; 323.40; 323.41; 323.42; 323.43; 323.44; 323.45; 323.46; and 323.47.

Reported the same back with the following amendments:

Page 2, line 6, delete "$...." and insert "$135 "


Journal of the House - 23rd Day - Top of Page 722

Page 6, delete lines 18 to 23, and insert:

"(b) A certified copy of a statement that has been filed in the office of the secretary of state and recorded in the office for recording transfers of real property has the effect provided for recorded statements in this chapter. A recorded statement that is not a certified copy of a statement filed in the office of the secretary of state does not have the effect provided for recorded statements in this chapter."

Page 7, after line 16, insert:

"(g) The county recorder may collect a fee for recording a statement."

Page 12, line 22, before "copy" insert "certified" and before "statement" insert "filed"

Page 12, line 23, delete "filed" and insert "recorded" and delete "of the secretary of" and insert "for recording"

Page 12, line 24, delete "state" and insert "transfers of that real property"

Page 12, line 26, before "statement" insert "certified copy of a filed"

Page 12, line 27, delete "of the secretary of state" and insert "for recording transfers of that real property" and delete "filing" and insert "recording"

Page 12, line 28, delete "of the secretary of state" and insert "for recording transfers of that real property" and before "copy" insert "certified" and after the second "a" insert "filed"

Page 12, line 33, before "statement" insert "certified copy of the filed"

Page 12, line 34, delete "on file" and insert "of record"

Page 12, line 35, delete everything before the period and insert "for recording transfers of that real property"

Page 33, line 13, after "filing" insert "and, if appropriate, recording"

Page 33, line 14, after "file" insert "and, if appropriate, record"

Page 40, line 21, delete "filing" and insert "recording"

Page 40, line 22, before the first "the" insert "a certified copy of" and delete "of the secretary of state" and insert "for recording transfers of that real property"

Page 43, line 16, delete "$........" and insert "$135."

Page 48, line 17, delete "$......." and insert "$60,000"

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. 330, A bill for an act relating to traffic regulations; requiring every school bus to have a bus monitor, a seat belt for each passenger seat, and a video camera; requiring the commissioner of public safety to prescribe standards for school bus seat belts; amending Minnesota Statutes 1996, section 169.447, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 169.


Journal of the House - 23rd Day - Top of Page 723

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [169.4431] [SAFETY OF SCHOOL CHILDREN; PUPIL MANAGEMENT.]

Subdivision 1. [BUS MONITORS.] A school district may employ adult bus monitors. If a district employs adult bus monitors, an adult bus monitor must be at least 18 years of age and be an employee of the school district that is providing or contracting for the pupil transportation service.

Subd. 2. [BUS MONITOR SELECTION.] Before hiring a school bus monitor, a school district must conduct a criminal records check of the applicant. An applicant must be rejected if the criminal records check indicates that the applicant has committed a crime for which a school bus driver endorsement may be canceled under section 171.3215.

Subd. 3. [BUS MONITOR TRAINING.] Upon employment, a school district shall provide each bus monitor with training on state and local transportation laws, rules, regulations, and policies; school bus equipment; and methods to maintain orderly conduct and student safety.

Sec. 2. [APPROPRIATIONS.]

$10,000,000 is appropriated in fiscal year 1998 from the general fund to the commissioner of children, families, and learning to make grants to school districts for school bus safety. The commissioner shall consider the size of a school district's bus fleet and its safety equipment needs when awarding grants under this section. Of this appropriation:

$6,520,000 is for grants to districts for employment of adult bus monitors. A district may apply for a grant of $4,000 per adult bus monitor per year. The commissioner shall not award additional grants for adult bus monitors once the district has reached a ratio of one adult bus monitor for each ten school buses operated by or contracted for by the school district. This ratio includes any monitors already employed by the school district.

$2,980,000 is for video cameras. The commissioner may award grants for video cameras and video camera boxes.

$500,000 is for grants for strobe lights. A school district may apply for a grant to fund the purchase and installation of a strobe light on each school bus.

This appropriation is available until June 30, 1999.

Sec. 3. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to education; allowing school districts to employ school bus monitors; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 169."

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

The report was adopted.

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

H. F. No. 367, A bill for an act relating to health; providing comprehensive regulation of mortuary science; providing for the disposition of dead bodies; establishing enforcement mechanisms; providing civil penalties; amending Minnesota Statutes 1996, sections 13.99, subdivision 52a; 52.04, subdivision 1; 116J.70, subdivision 2a; 145.423, subdivision 3; 169.71,


Journal of the House - 23rd Day - Top of Page 724

subdivision 4; and 524.1-201; proposing coding for new law as Minnesota Statutes, chapter 149A; repealing Minnesota Statutes 1996, sections 145.14; 145.15; 145.16; 145.162; 145.163; 145.24; 149.01; 149.02; 149.03; 149.04; 149.05; 149.06; 149.08; 149.09; 149.10; 149.11; 149.12; 149.13; 149.14; and 149.15; Minnesota Rules, parts 4610.0400; 4610.0410; 4610.0700; 4610.0800; 4610.0900; 4610.1000; 4610.1100; 4610.1200; 4610.1300; 4610.1500; 4610.1550; 4610.1600; 4610.1700; 4610.1800; 4610.1900; 4610.2000; 4610.2200; 4610.2300; 4610.2400; 4610.2500; 4610.2600; and 4610.2700.

Reported the same back with the following amendments:

Page 11, after line 16, insert:

"(f) Notwithstanding this subdivision, nothing in this section shall be construed to prohibit an institution or entity from establishing, implementing, or enforcing a policy that permits only persons licensed by the commissioner to remove or cause to be removed a dead body or body part from the institution or entity."

Page 19, line 8, delete "active investigations" and insert " persons other than individuals"

Page 19, line 9, delete "as investigative data" and delete the comma

Page 19, line 10, delete "subdivision 2" and after the semicolon, insert "and"

Page 19, line 11, delete "inactive investigations" and insert "an individual"

Page 19, line 12, delete "as licensing data" and delete ", subdivision 2," and insert a period

Page 19, delete lines 13 to 29

Page 67, lines 6 and 7, delete "149A.82, subdivision 1," and insert "525.9213"

Pages 68 and 69, delete section 36

Page 82, line 4, delete "149A.82, subdivision 1" and insert "525.9213"

Page 94, line 33, before the period, insert "and must be limited to an amount equivalent to the allowable supplemental security income asset exclusion used for determining eligibility for public assistance at the time the trust is created" and delete "Except"

Page 94, delete lines 34 to 36

Page 95, delete lines 1 to 3

Page 97, delete lines 10 to 26 and insert:

"Subd. 8. [INVESTIGATIONS BY STATE AUDITOR.] Upon notification from the county auditor or the commissioner of health of indications of violations of this chapter, or upon reliable written verification by any person, the state auditor shall make an independent determination of whether a violation of the provisions in this chapter is occurring or is about to occur. If the state auditor finds such evidence, the state auditor shall conduct any examinations of accounts and records of the entity that the state auditor considers the public interest to demand and shall inform the appropriate agency of any finding or misconduct. The state auditor may require the entity being examined to send all books, accounts, and vouchers pertaining to the receipt, disbursement, and custody of funds to the office of the state auditor for examination. The person, firm, partnership, association, or corporation examined under this section by the state auditor shall reimburse the state auditor for expenses incurred in conducting the examination within 30 days after the state auditor submits its expenses. Interest at the rate established in section 549.09 shall accrue on the outstanding balance starting on the 31st day after the state auditor's office submits its request for expenses."

Page 105, line 14, delete "and" and insert a comma


Journal of the House - 23rd Day - Top of Page 725

Page 105, line 15, before the period, insert "," and in part 4610.2800, the revisor shall change the citation "4610.0200 to 4610.0600" to "4610.0420 to 4610.0650"

Renumber the sections in sequence

With the recommendation that when so amended the bill pass.

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 413, A bill for an act relating to taxation; income; allowing a job training credit; proposing coding for new law in Minnesota Statutes, chapter 290.

Reported the same back with the following amendments:

Page 3, line 24, delete "and"

Page 3, line 26, delete the period and insert "; and

(7) the types and sizes of employers with which graduates have been placed and retained."

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

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 552, A bill for an act relating to human rights; directing the department of human rights to study discrimination in rental housing; appropriating money.

Reported the same back with the following amendments:

Page 1, line 17, delete "$50,000" and insert "$......."

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 683, A bill for an act relating to judgments; requiring additional information in a creditor's affidavit; amending Minnesota Statutes 1996, section 548.09, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 14, after the comma, insert "if known,"

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

The report was adopted.


Journal of the House - 23rd Day - Top of Page 726

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

H. F. No. 687, A bill for an act relating to traffic regulations; prohibiting admission of motorcycle helmet use by operators and passengers age 18 or older in litigation involving damages arising from use or operation of a motor vehicle; amending Minnesota Statutes 1996, section 169.685, by adding a subdivision; repealing Minnesota Statutes 1996, section 169.974, subdivision 6.

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

The report was adopted.

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

H. F. No. 707, A bill for an act relating to the environment; modifying requirements relating to toxics in products; amending Minnesota Statutes 1996, section 115A.9651.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 115A.9651, is amended to read:

115A.9651 [TOXICS IN SPECIFIED PRODUCTS; ENFORCEMENT.]

Subdivision 1. [PROHIBITION.] (a) Except as provided in paragraphs (d) and (e), no person may distribute for sale or use in this state any ink, dye, pigment, paint, or fungicide manufactured after September 1, 1994, into which lead, cadmium, mercury, or hexavalent chromium has been intentionally introduced.

(b) For the purposes of this subdivision, "intentionally introduce" means to deliberately use a metal listed in paragraph (a) as an element during manufacture or distribution of an item listed in paragraph (a). Intentional introduction does not include the incidental presence of any of the prohibited elements.

(c) The concentration of a listed metal in an item listed in paragraph (a) may not exceed 100 parts per million.

(d) The prohibition on the use of lead in substances utilized in marking road, street, highway, and bridge pavements does not take effect until July 1, 1998.

(e) The use of lead in substances utilized in marking road, street, highway, and bridge pavements is exempt from this subdivision until July 1, 1998. After July 1, 1998, no person may distribute a listed product for sale or use in this state.

Subd. 2. [TEMPORARY EXEMPTION.] (a) An item listed in subdivision 1 is exempt from this section until July 1, 1998, if the manufacturer of the item submitted to the commissioner a written request for an exemption by August 1, 1994. The request must include at least:

(1) an explanation of why compliance is not technically feasible at the time of the request;

(2) how the manufacturer will comply by July 1, 1997; and

(3) the name, address, and telephone number of a person the commissioner can contact for further information.

(b) By September 1, 1994, a person who uses an item listed in subdivision 1, into which one of the listed metals has been intentionally introduced, may submit, on behalf of the manufacturer, a request for temporary exemption only if the manufacturer fails to submit an exemption request as provided in paragraph (a). The request must include:

(1) an explanation of why the person must continue to use the item and a discussion of potential alternatives;


Journal of the House - 23rd Day - Top of Page 727

(2) an explanation of why it is not technically feasible at the time of the request to formulate or manufacture the item without intentionally introducing a listed metal;

(3) that the person will seek alternatives to using the item by July 1, 1997, if it still contains an intentionally introduced listed metal; and

(4) the name, address, and telephone number of a person the commissioner can contact for further information.

(c) A person who submits a request for temporary exemption under paragraph (b) may submit a request for a temporary exemption after September 1, 1994, for an item that the person will use as an alternative to the item for which the request was originally made as long as the new item has a total concentration level of all the listed metals that is significantly less than in the original item. An exemption under this paragraph expires July 1, 1998, and the person who requests it must submit the progress description required in paragraph (e).

(d) By October 1, 1994, and annually thereafter if requests are received under paragraph (c), the commissioner shall submit to the environment and natural resources committees of the senate and house of representatives, the finance division of the senate committee on environment and natural resources, and the house of representatives committee on environment and natural resources finance a list of manufacturers and persons that have requested an exemption under this subdivision and the items for which exemptions were sought, along with copies of the requests.

(e) By July 1, 1996, each manufacturer on the list shall submit to the commissioner a description of the progress the manufacturer has made toward compliance with subdivision 1, and the date compliance has been achieved or the date on or before July 1, 1998, by which the manufacturer anticipates achieving compliance. By July 1, 1996, each person who has requested an exemption under paragraph (b) or (c) shall submit to the commissioner:

(1) a description of progress made to eliminate the listed metal or metals from the item or progress made by the person to find a replacement item that does not contain an intentionally introduced listed metal; and

(2) the date or anticipated date the item is or will be free of intentionally introduced metals or the date the person has stopped or will stop using the item.

By October 1, 1996, the commissioner shall submit to the environment and natural resources committees of the senate and house of representatives, the finance division of the senate committee on environment and natural resources, and the house of representatives committee on environment and natural resources finance a summary of the progress made by the manufacturers and other persons and any recommendations for appropriate legislative or other action to ensure that products are not distributed in the state after July 1, 1998, that violate subdivision 1.

Subd. 2. [DEFINITIONS.] (a) For the purposes of this section, the following terms have the meanings given them.

(b) "Council" means the council established under subdivision 5.

(c) "Essential product" means a specified product into which the introduction of a listed metal is required under military specifications or to ensure the integrity of a product essential for aviation or railroad safety, and which is being used only in that application.

(d) "Intentionally introduce" means to deliberately use a listed metal as an element during manufacture or distribution of a specified product. Intentional introduction does not include the incidental presence of a listed metal.

(e) "Listed metal" means lead, cadmium, mercury, or hexavalent chromium.

(f) "Listed product" means a specified product that is included on the prohibited products list published under subdivision 4.

(g) "New product" means a specified product which was not used, sold, or distributed in the state before July 2, 1998, or which has been reformulated so that it contains more of a listed metal.


Journal of the House - 23rd Day - Top of Page 728

(h) "Official" means an officer of a corporation, a general partner of a partnership or limited partnership, a sole proprietor, or, in the case of any other entity, a person with high level management responsibilities.

(i) "Specified product" means an ink, dye, pigment, paint, or fungicide into which a listed metal has been intentionally introduced or in which the incidental presence of a listed metal exceeds a concentration of 100 parts per million.

Subd. 3. [APPLICATION; ENFORCEMENT CERTIFICATION OF COMPLIANCE.] (a) This section does not apply to art supplies.

(b) This section may be enforced under sections 115.071 and 116.072. The attorney general or the commissioner of the agency shall coordinate enforcement of this section with the director of the office. By July 1, 1998, each person who has filed the progress report specified in Laws 1994, chapter 585, section 30, subdivision 2, paragraph (e), indicating compliance would be achieved by July 1, 1998, shall certify to the commissioner that the products referenced in that report have been reformulated and no longer meet the definition of a specified product. The certification must be in writing and signed by an official of the company. If, due to significant change in circumstances, the person cannot so certify by July 1, 1998, a product review report and fee shall be submitted as provided under subdivision 6.

(b) The person submitting the certification shall keep a copy on file and make copies available to the commissioner or the attorney general upon request or to any member of the public within 60 days of receipt of a written request that specifies the type of product for which the information is requested.

Subd. 4. [PROHIBITED PRODUCTS LIST.] By October 1, 1998, the commissioner shall publish in the State Register a list of specified products for which the commissioner has received certifications as provided under subdivision 3.

Subd. 5. [TOXICS ADVISORY COUNCIL.] (a) The purpose of this section is to promote the public health and welfare and protect the environment by removing listed metals from specified products so that the listed metals do not contribute to bioaccumulation and burden taxpayers with unnecessary disposal costs.

(b) By July 1, 1997, the commissioner shall appoint a toxics advisory council consisting of the following five permanent members: a chair, a representative of government, a representative of business, a representative of a citizens' organization, and a representative from a relevant field of academia. Temporary members of the council shall be appointed by the commissioner under paragraph (f). No permanent or temporary member of the council who is an employee of a manufacturer or user of a specified product may sit in consideration of that product.

(c) The council shall have the following duties:

(1) review reports submitted under subdivisions 6, 7, and 8 and provide advice to the commissioner pursuant to paragraph (d); and

(2) report to the commissioner on October 1, 2000, and October 1, 2005, on any reasonable measures that would allow the criteria in paragraph (d) to be met with regard to products reviewed based on information obtained during the review of products.

(d) The council's advice to the commissioner under paragraph (c), clause (1), shall be based on an evaluation of the environmental impact of the product and the ability of the manufacturer or user to reduce or eliminate the listed metal. Before making a recommendation that the commissioner take action under subdivision 9, the council must conclude that:

(1) there is an alternative to the specified product that does not contain the listed metal that performs the same technical function, is commercially available, and is economically practicable; and

(2) replacement of the product with the alternative will result in an environmental benefit in the state.

(e) A recommendation that the commissioner take action under subdivision 9 shall include the information required by section 14.131 to the extent the council, through reasonable effort, can ascertain this information.


Journal of the House - 23rd Day - Top of Page 729

(f) Before the council evaluates a specific product or group of products, the commissioner shall appoint temporary council members in an even number up to six. The commissioner shall seek to appoint as temporary members persons having expertise on the product or group of products under review as well as persons representing community interests. The temporary members shall be voting members of the council on all matters related to consideration of the product or group of products. The terms of the temporary members shall expire when the council has completed its review of the product or group of products and has submitted its recommendation to the commissioner pursuant to this subdivision.

(g) The permanent members of the council must prioritize the council's review of a specific product or group of products by publishing a notice in the State Register by October 1, 1998, identifying those specified products, or groups of products, which will be reviewed by July 1, 2000. By October 1, 2000, the council shall publish a notice in the State Register identifying those specified products, or groups of products, which will be reviewed by July 1, 2005. The council shall consider potential environmental impacts in prioritizing its review. The council shall notify manufacturers and users who have submitted product review reports of the appropriate review schedule. A manufacturer who has submitted a product review report may request an expedited review by the council.

(h) The commissioner shall provide staff and administrative services to the council. Compensation and removal of council members shall be as provided in section 15.059, subdivisions 3 and 4. The council shall dissolve on June 30, 2006.

Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided under subdivision 7, the manufacturer, or an association of manufacturers, of any specified product distributed for sale or use in this state that is not listed pursuant to subdivision 4 shall submit a product review report and fee as provided in paragraph (c) to the commissioner for each product by July 1, 1998. Each product review report shall contain at least the following:

(1) a policy statement articulating upper management support for eliminating or reducing intentional introduction of listed metals into its products;

(2) a description of the product and the amount of each listed metal distributed for use in this state;

(3) a description of past and ongoing efforts to eliminate or reduce the listed metal in the product;

(4) an assessment of options available to reduce or eliminate the intentional introduction of the listed metal including any alternatives to the specified product that do not contain the listed metal, perform the same technical function, are commercially available, and are economically practicable;

(5) a statement of objectives in numerical terms and a schedule for achieving the elimination of the listed metals and an environmental assessment of alternative products;

(6) a listing of options considered not to be technically or economically practicable; and

(7) certification attesting to the accuracy of the information in the report signed and dated by an official of the manufacturer or user.

If the manufacturer fails to submit a product review report, a user of a specified product may submit a report and fee which comply with this subdivision by August 15, 1998.

(b) By July 1, 1999, and annually thereafter until the commissioner takes action under subdivision 9, the manufacturer or user must submit a progress report and fee as provided in paragraph (c) updating the information presented under paragraph (a).

(c) The fee shall be $....... for each report.

(d) Where it cannot be determined from a progress report submitted by a person pursuant to Laws 1994, chapter 585, section 30, subdivision 2, paragraph (e), the number of products for which product review reports are due under this subdivision, the commissioner shall have the authority to determine, after consultation with that person, the number of products for which product review reports are required.


Journal of the House - 23rd Day - Top of Page 730

(e) The commissioner shall summarize, aggregate, and publish data reported under paragraphs (a) and (b) annually.

(f) A product that is the subject of a decision under section 115A.965 is exempt from this section.

Subd. 7. [ESSENTIAL PRODUCTS; PUBLISHED LIST.] (a) By January 1, 1998, a manufacturer or user of an essential product must submit a certification to the commissioner that the product meets the definition in subdivision 2, paragraph (c). By July 1, 2002, each manufacturer or user of an essential product shall submit a report to the commissioner which includes the information required in subdivision 6, paragraph (a), and a statement of whether the product continues to meet the definition in subdivision 2, paragraph (c).

(b) By October 1, 1998, the commissioner shall publish in the State Register a list of essential products for which the commissioner has received certification pursuant to this subdivision. By October 1, 2002, the commissioner shall publish in the State Register a list of essential products based on reports submitted by July 1, 2002, as provided in paragraph (a).

Subd. 8. [NEW PRODUCTS; CRITERIA FOR REVIEW.] (a) After July 1, 1998, but before July 1, 2005, no person shall sell, distribute, or offer for sale in this state a new product prior to the manufacturer or user submitting a product review report and fee specified in subdivision 6.

(b) The council shall review reports submitted under this subdivision and provide advice to the commissioner. The council's advice to the commissioner under this subdivision shall be based on an evaluation of the environmental impact of the product and the ability of the manufacturer or user to reduce or eliminate the listed metal. Before making a recommendation that the commissioner take action under subdivision 9, the council must conclude that:

(1) there is an alternative to the specified product that does not contain the listed metal that performs the same technical function, is commercially available, and is economically practicable, and replacement of the product with the alternative will result in an environmental benefit in the state; or

(2) if there is no alternative to the new product, that the use of the listed metal in the new product presents a significant threat to the safe and efficient operation of waste facilities, or use of the listed metal does not increase the useful life span of the new product, reduce the overall toxicity of the final product or of material used in production of the final product, or otherwise provide a net environmental benefit to the state.

(c) Notwithstanding subdivision 5, paragraph (f), where the commissioner determines that a new product subject to paragraph (a) is sufficiently similar to a product or products previously reviewed by the council, the commissioner may authorize the permanent members of the council to perform the duties established in paragraph (b) without the appointment of temporary members. In performing those duties, the council shall utilize information gathered in any previous review of a similar product or products.

(d) Beginning July 1, 2005, no person shall sell, distribute, or offer for sale in this state a new product without the commissioner's approval. A person seeking approval of a new product shall submit a product review report including the information and fee specified in subdivision 6. The commissioner shall not approve the new product unless the commissioner determines that it meets the criteria in paragraph (b). The commissioner shall make a determination within six months of receipt of a complete request.

Subd. 9. [AUTHORITY OF COMMISSIONER.] (a) The commissioner may, upon the recommendation of the council, prohibit the distribution for sale or use in this state of a specified product that is not an essential product.

(b) Before taking action under this subdivision, the commissioner must conclude that:

(1) there is an alternative to the specified product that does not contain the listed metal that performs the same technical function, is commercially available, and is economically practicable, and replacement of the product with the alternative will result in an environmental benefit to the state; or

(2) if there is no alternative to the new product, that the use of the listed metal in the new product presents a significant threat to the safe and efficient operation of waste facilities, or use of the listed metal does not increase the useful life span of the new product, reduce the overall toxicity of the final product or of material used in production of the final product, or otherwise provide a net environmental benefit to the state.


Journal of the House - 23rd Day - Top of Page 731

(c) If the commissioner fails to take action under this subdivision as recommended by the council, the commissioner shall submit a report to the legislature explaining the reasons for not taking such action.

(d) The commissioner shall provide the legislature a report and recommendations based on any report prepared by the council under subdivision 5, paragraph (c), clause (2).

Subd. 10. [APPLICATION; ENFORCEMENT.] (a) This section does not apply to art supplies.

(b) This section may be enforced under sections 115.071 and 116.072. The attorney general or the commissioner of the agency shall coordinate enforcement of this section with the director of the office.

Subd. 11. [RULEMAKING AUTHORITY.] (a) The pollution control agency may adopt, amend, suspend, and repeal rules to implement this section.

(b) Publication of notice under subdivision 5, paragraph (g), shall be deemed to satisfy the requirements of section 14.101.

(c) The commissioner may adopt a council recommendation under subdivision 5 as the agency's statement of need and reasonableness. A recommendation adopted in this manner shall be deemed to satisfy any content requirements for a statement of need and reasonableness imposed by law.

(d) Any hearings on rules adopted under this section shall be conducted in accordance with sections 14.14 to 14.20 and address whether the rule meets the standards for review under which the judge is required to approve or disapprove the rule.

(e) Section 14.125 does not apply to the agency's rulemaking authority under this section.

(f) A rule adopted under this section is effective until repealed by the agency.

Subd. 12. [SEWAGE BIOSOLIDS REPORT.] In its annual performance report required under section 15.91, the agency shall include the amount of listed metals contained in sewage biosolids spread on the land after wastewater treatment.

Sec. 2. [APPROPRIATION.]

$....... is appropriated from the environmental fund to the commissioner of the pollution control agency for the purpose of implementing section 1.

Sec. 3. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "appropriating money;"

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

The report was adopted.

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

H. F. No. 742, A bill for an act relating to the environment; modifying requirements for mercury testing in incinerator emissions; amending Minnesota Statutes 1996, section 116.85, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 1, strike "90 days" and insert "three months"


Journal of the House - 23rd Day - Top of Page 732

Page 2, line 10, delete everything after "facility"

Page 2, line 11, delete "waste per day"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 756, A bill for an act relating to the state demographer; changing procedures for certain population and related estimates; amending Minnesota Statutes 1996, sections 4A.02; 379.02; and 414.01, subdivision 14; repealing Minnesota Statutes 1996, section 414.033, subdivision 9.

Reported the same back with the following amendments:

Page 2, line 25, delete "when"

Page 2, line 26, delete everything before "certify"

Page 2, line 33, delete "2 or 3" and insert "379.02 or 414.01, subdivision 14"

Page 2, line 34, delete "the" and insert "an"

Page 2, line 35, delete "clause (9),"

Page 3, line 9, delete ", clause (9)"

Page 4, lines 5 and 6, delete "prepared according to procedures of" and insert "certified by"

Page 4, line 27, delete "prepared according to procedures of" and insert "certified by"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 924, A bill for an act relating to insurance; requiring health plan companies to disclose certain financial arrangements to enrollees; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the following amendments:

Page 1, line 15, after the period, insert "The disclosure statement must be provided at least annually."

Page 1, line 24, delete "holdback" and insert "withhold"

Page 2, line 12, after the period, insert "A disclosure statement that has been filed with the commissioner for approval is deemed approved 30 days after the date of filing unless approved or disapproved by the commissioner on or before the end of that 30-day period.


Journal of the House - 23rd Day - Top of Page 733

(c) For purposes of this section

(1) "capitation" means a financial arrangement in which a health plan company compensates a health care provider, partially or entirely, through a fixed payment per time period per enrollee served by that health care provider, without regard to the services actually provided to enrollees by that health care provider. The services covered by the capitation may include the health care providers' own services, referral services, or all health care services;

(2) "financial arrangement" means an agreement between a health plan company, or an affiliate of it, and a health care provider, or an affiliate of it, that determines, or provides a methodology for determining, the payments to be made by the health plan company to the health care provider for providing health care to the health plan company's enrollees; and

(3) "affiliate" has the meaning given in section 60D.15, subdivision 2; and

(4) "withhold" means a financial arrangement in which a health plan company deducts amounts from its payments to a health care provider, where the deducted amounts or a portion of them may eventually be paid to the health care provider at the end of a specified time period, based upon specific predetermined factors."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 948, A bill for an act relating to the environment; requiring disclosure of the amount of mercury emitted in the generation of electricity; proposing coding for new law in Minnesota Statutes, chapter 116.

Reported the same back with the following amendments:

Page 1, line 18, before the period, insert "at that person's facilities, and the net amount of electricity obtained by the person through purchase or exchange"

Page 1, line 24, delete "and"

Page 1, line 25, delete everything after "each" and insert " facility owned or operated by the person"

Page 2, line 1, delete "source" and insert "facility"

Page 2, line 2, delete "and" and insert "or"

Page 2, line 3, delete "source." and insert "facility; and

(3) information for each facility for which the person has a contract of a year or more stating the total amount of mercury emitted from that facility in the previous calendar year or the average mercury concentration in each fuel used at that facility."

Page 2, line 6, after the period, insert "As part of these terms and conditions, the commissioner may establish a de minimis standard for the disclosure required under this section. Persons subject to this section who are under the de minimis standard may be subject to reduced or no disclosure requirements."

Page 2, line 14, delete "each year" and insert "biennially" and after "thereafter" insert "in the report on air toxics required under section 115D.15" and delete "issue a"

Page 2, line 15, delete "detailing"


Journal of the House - 23rd Day - Top of Page 734

Page 2, line 22, before the period, insert ", using available data and information" and after the period, insert "The commissioner shall issue draft terms and conditions required under section 2, subdivision 2, paragraph (b), by October 1, 1997. Upon adoption of those terms and conditions, persons subject to section 2 shall make all subsequent disclosures in accordance with those terms and conditions."

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

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 988, A bill for an act relating to employment; modifying procedures for the extended employment program in the department of economic security; amending Minnesota Statutes 1996, section 268A.15, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, delete lines 9 to 18 and insert:

"Subd. 8. [FUNDING AUTHORITY.] State grant funds under this section and section 268A.13 shall be available for 24 months following the end of a fiscal year to allow for the submission of final grant data reports, the completion of audit adjustments of payments to grantees including grantee appeals of final audit adjustments, and the redistribution of remaining balances in grant accounts to other grantees who meet or exceed their contracts with the department for that fiscal year."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1032, A bill for an act relating to commerce; providing powers and duties to the commissioner; regulating securities; modifying the real estate licensing exemption for closing agents; regulating real property appraisers; regulating residential building contractors and remodelers; modifying licensing requirements for collection agencies; regulating notaries public; making technical changes; amending Minnesota Statutes 1996, sections 45.011, subdivision 1; 45.028, subdivision 1; 80A.04, subdivisions 3, 4, and by adding a subdivision; 80A.05, subdivisions 4, 5, and by adding a subdivision; 80A.06, subdivisions 1, 2, and 3; 80A.08; 80A.12, by adding a subdivision; 80A.14, subdivision 3, and by adding subdivisions; 80A.15, subdivisions 1 and 2; 80A.28, subdivisions 1 and 2; 82.20, subdivision 15; 82B.13, subdivisions 1, 4, and 5; 82B.14; 326.83, subdivision 11; 326.84, subdivision 3; 326.921; 332.33, subdivision 1, and by adding a subdivision; 332.34; 359.061; and 359.071; proposing coding for new law in Minnesota Statutes, chapters 45; 60K; and 80A; repealing Minnesota Statutes 1996, section 60K.07, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 19, after the second "commissioner" insert "a residence telephone number,"

Page 2, line 20, after "resides" insert a comma and delete " were" and insert "where"

Page 2, line 22, after the period, insert "The individual shall notify the department of any change in street address or residence telephone number within ten days."


Journal of the House - 23rd Day - Top of Page 735

Page 3, after line 24, insert:

"Sec. 7. Minnesota Statutes 1996, section 80A.02, subdivision 1, is amended to read:

Subdivision 1. [ADVISORY ACTIVITIES AND PRINCIPAL TRANSACTIONS.] (a) It is unlawful for any person who receives, directly or indirectly, any consideration from another primarily for advising the other as to the value of securities or their purchase or sale:

(a) (1) to employ any device, scheme, or artifice to defraud the other; or

(b) (2) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon the other; or.

(c) (b) It is unlawful for an investment adviser to knowingly sell any security to or purchase any security from a client while acting as principal for the person's own account or knowingly effect any sale or purchase of any security for the account of a client while acting as broker for one other than the client, unless the person discloses to the client in writing before the execution of the transaction the capacity in which the person is acting and obtains the consent of the client to the transaction."

Page 3, line 35, after "section" insert "12(b) or"

Page 4, line 6, after "clients" insert ", other than those in clause (1),"

Page 4, line 26, after "by" insert "the"

Page 4, line 27, after the period, insert "Notwithstanding any other provision of this section, until October 10, 1999, the commissioner may require the registration of any federal covered investment adviser who has failed to promptly pay the fees required by section 80A.28 after being notified in writing by the commissioner of the nonpayment or underpayment of such fees. A person shall be considered to have promptly paid such fees if the fees are remitted to the commissioner within 15 days following the receipt of written notification from the commissioner."

Page 7, line 17, before the period, insert ";

(4) notwithstanding any other provision of this section, until October 10, 1999, a federal covered security for which the fees required by section 80A.28 have not been promptly paid after the issuer of such securities has been notified in writing by the commissioner of the nonpayment or underpayment of such fees. An issuer shall be considered to have promptly paid such fees if the fees are remitted to the commissioner within 15 days following the receipt of written notification from the commissioner"

Page 8, line 33, delete "a broker dealer who effects" and insert "an individual who represents a broker-dealer in effecting"

Page 9, after line 3, insert:

"Sec. 21. Minnesota Statutes 1996, section 80A.14, subdivision 4, is amended to read:

Subd. 4. [BROKER-DEALER.] "Broker-dealer" means any person engaged in the business of effecting transactions in securities for the account of others or for that person's own account. "Broker-dealer" does not include:

(1) an agent;

(2) an issuer;

(3) a trust company; or

(4) a bank, savings institution, savings association, credit union:

(i) acting for the account of others, provided that such activities are conducted in compliance with such rules as may be adopted by the commissioner;


Journal of the House - 23rd Day - Top of Page 736

(ii) acting for its own account; or

(iii) acting in a fiduciary capacity pursuant to the powers and privileges described by sections 48.36 to 48.49 or United States Code, title 12, section 92(a);

(5) a person who has no place of business in this state if that person effects transactions in this state exclusively with or through (i) the issuers of the securities involved in the transactions, (ii) other broker-dealers, or (iii) banks, savings institutions, trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940, pension or profit sharing trusts, or other financial institutions or institutional buyers, or to broker-dealers, whether the purchaser is acting for itself or in some fiduciary capacity; or

(6) other persons not within the intent of this subsection whom the commissioner by rule or order designates."

Page 9, line 9, delete the comma

Page 9, delete lines 10 to 13

Page 9, line 14, delete everything before the period

Page 9, line 20, delete everything after "act"

Page 9, delete lines 21 to 24

Page 9, line 25, delete everything before the period

Page 22, after line 9, insert:

"Sec. 27. Minnesota Statutes 1996, section 80A.16, is amended to read:

80A.16 [FILING OF SALES AND ADVERTISING LITERATURE.]

The commissioner may by rule or order require the filing of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser or broker-dealer unless:

(1) the security or transaction is exempted by section 80A.15; or

(2) the security is a federal covered security."

Page 23, line 14, delete "80A.04, subdivision 5" and insert "80A.05, subdivision 1a"

Page 23, after line 14, insert:

"Sec. 30. Minnesota Statutes 1996, section 80C.01, subdivision 4, is amended to read:

Subd. 4. "Franchise" means (a) a contract or agreement, either express or implied, whether oral or written, for a definite or indefinite period, between two or more persons:

(1) by which a franchisee is granted the right to engage in the business of offering or distributing goods or services using the franchisor's trade name, trademark, service mark, logotype, advertising, or other commercial symbol or related characteristics;

(2) in which the franchisor and franchisee have a community of interest in the marketing of goods or services at wholesale, retail, by lease, agreement, or otherwise; and


Journal of the House - 23rd Day - Top of Page 737

(3) for which the franchisee pays, directly or indirectly, a franchise fee; or

(b) a contract, lease, or other agreement, either express or implied, whether oral or written, for a definite or indefinite period, between two or more persons, whereby the franchisee is granted the right to market motor vehicle fuel; or

(c) the sale or lease of any products, equipment, chattels, supplies, or services to the purchaser, other than the sale of sales demonstration equipment, materials or samples for a total price of $500 or less to any one person, for the purpose of enabling the purchaser to start a business and in which the seller:

(1) represents that the seller, lessor, or an affiliate thereof will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases, or similar devices, or currency operated amusement machines or devices, on premises neither owned or leased by the purchaser or seller; or

(2) represents that the seller will purchase any or all products made, produced, fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the supplies, services, or chattels sold to the purchaser; or

(3) guarantees that the purchaser will derive income from the business which exceeds the price paid to the seller; or

(d) an oral or written contract or agreement, either expressed or implied, for a definite or indefinite period, between two or more persons, under which a manufacturer, selling security systems through dealers or distributors in this state, requires regular payments from the distributor or dealer as royalties or residuals for products purchased and paid for by the dealer or distributor.

(e) "Franchise" does not include any business which is operated under a lease or license on the premises of the lessor or licensor as long as such business is incidental to the business conducted by the lessor or licensor on such premises, including, without limitation, leased departments, licensed departments, and concessions.

(f) "Franchise" does not include any contract, lease or other agreement whereby the franchisee is required to pay less than $100 on an annual basis, except those franchises identified in paragraph (b).

(g) "Franchise" does not include a contract, lease or other agreement between a new motor vehicle manufacturer, distributor, or factory branch and a franchisee whereby the franchisee is granted the right to market automobiles, motorcycles, trucks, truck tractors, or self-propelled motor homes or campers if the foregoing are designed primarily for the transportation of persons or property on public highways.

(h) "Franchise" does not include a contract, lease, or other agreement or arrangement between two or more air carriers, or between one or more air carriers and one or more foreign air carriers. For purposes of this paragraph, "air carrier" and "foreign air carrier" have the meanings provided in United States Code, title 49, sections 1301(3) and 1301(22), respectively.

Sec. 31. Minnesota Statutes 1996, section 82.19, is amended by adding a subdivision to read:

Subd. 9. [EXCLUSIVE AGENCY AGREEMENTS.] (a) Except as provided in paragraph (b), a licensee shall not negotiate the sale, exchange, lease, or listing of any real property directly with the owner or lessor knowing that the owner or lessor has executed a written exclusive listing contract or exclusive contract for nonagency services in connection with the property with another real estate broker, buyer, or lessee, nor shall a licensee negotiate the purchase, lease, or exchange of real property knowing that the buyer or lessee has executed a written exclusive buyer representation contract or exclusive contract for nonagency services for the purchase, lease, or exchange of the real property with another real estate broker.

(b) A licensee may discuss the terms upon which a listing or buyer representation contract or a contract for nonagency services may be entered into after expiration of any existing exclusive contract when the inquiry or discussion is initiated by the owner, lessor, buyer, or lessee, and may enter into a contract with the owner, lessor, buyer, or lessee to begin after the expiration date of the existing exclusive contract. The licensee must inquire of the owner, lessor, buyer, or lessee whether such an exclusive contract exists."


Journal of the House - 23rd Day - Top of Page 738

Page 24, after line 15, insert:

"Sec. 33. Minnesota Statutes 1996, section 82.22, subdivision 13, is amended to read:

Subd. 13. [CONTINUING EDUCATION.] (a) After their first renewal date, all real estate salespersons and all real estate brokers shall be required to successfully complete 30 hours of real estate continuing education, either as a student or a lecturer, in courses of study approved by the commissioner, during each 24-month license period. At least 15 of the 30 credit hours must be completed during the first 12 months of the 24-month licensing period. Salespersons and brokers whose initial license period extends more than 12 months are required to complete 15 hours of real estate continuing education during the initial license period. Those licensees who will receive a 12-month license on July 1, 1995, because of the staggered implementation schedule must complete 15 hours of real estate continuing education as a requirement for renewal on July 1, 1996. Licensees may not claim credit for continuing education not actually completed as of the date their report of continuing education compliance is filed.

(b) The commissioner shall adopt rules defining the standards for course and instructor approval, and may adopt rules for the proper administration of this subdivision. The commissioner may not approve a course which can be completed by the student at home or outside the classroom without the supervision of an instructor approved by the department of commerce. The commissioner has discretion to establish a pilot program to explore delivery of accredited courses using new delivery technology, including interactive technology. This pilot program expires on August 1, 2000.

(c) Any program approved by Minnesota continuing legal education shall be approved by the commissioner of commerce for continuing education for real estate brokers and salespeople if the program or any part thereof relates to real estate.

(d) As part of the continuing education requirements of this section, the commissioner shall require that all real estate brokers and salespersons receive:

(1) at least two hours of training during each license period in courses in laws or regulations on agency representation and disclosure; and

(2) at least two hours of training during each license period in courses in state and federal fair housing laws, regulations, and rules, or other antidiscrimination laws.

Clause (1) does not apply to real estate salespersons and real estate brokers engaged solely in the commercial real estate business who file with the commissioner a verification of this status along with the continuing education report required under paragraph (a).

(e) The commissioner is authorized to establish a procedure for renewal of course accreditation.

Sec. 34. Minnesota Statutes 1996, section 82.24, subdivision 5, is amended to read:

Subd. 5. [TRUST ACCOUNT RECORDS ACCOUNTS.] (a) Each broker or closing agent shall maintain and retain records of all trust funds and trust accounts. The commissioner may prescribe information to be included in the records by appropriate rules.

(b) A check received from a potential buyer shall be deposited into the listing broker's trust account not later than the third business day after delivery of the check to the broker, except that the check may be held by the listing broker until acceptance or rejection of the offer if:

(1) the check by its terms is not negotiable by the broker or if the potential buyer has given written instructions that the check shall not be deposited or cashed until acceptance or shall be immediately returned if the offer is rejected; and

(2) the potential seller is informed that the check is being so held before or at the time the offer is presented to that person for acceptance.

If the offer is accepted, the check shall be deposited in a neutral escrow depository or the trust fund account of the listing broker not later than the third business day following acceptance of the offer unless the broker has received written authorization from all parties to the transaction to continue to hold the check. If the offer is rejected, the check shall be returned to the potential buyer not later than the next business day after rejection."


Journal of the House - 23rd Day - Top of Page 739

Page 26, after line 6, insert:

"Sec. 39. Minnesota Statutes 1996, section 82B.19, subdivision 1, is amended to read:

Subdivision 1. [LICENSE RENEWALS.] A licensed real estate appraiser shall present evidence satisfactory to the commissioner of having met the continuing education requirements of this chapter before the commissioner renews a license.

The basic continuing education requirement for renewal of a license is the completion by the applicant either as a student or as an instructor, during the immediately preceding term of licensing, of at least 30 classroom hours of instruction in courses or seminars that have received the approval of the commissioner. As part of the continuing education requirements of this section, the commissioner shall require that all real estate appraisers receive at least four hours of training each license period in courses in laws or regulations on standards of professional practice. If the applicant's immediately preceding term of licensing consisted of 12 or more months, but fewer than 24 months, the applicant must provide evidence of completion of 15 hours of instruction during the license period. If the immediately preceding term of licensing consisted of fewer than 12 months, no continuing education need be reported.

Sec. 40. Minnesota Statutes 1996, section 317A.141, is amended by adding a subdivision to read:

Subd. 4. [EFFECT OF AMENDMENTS ON CHARITABLE TRUST ASSETS.] Assets held by a corporation, including income or fees from services, are restricted to the uses and purposes for which the property was received and held.

Sec. 41. Minnesota Statutes 1996, section 317A.671, is amended to read:

317A.671 [CERTAIN ASSETS NOT TO BE DIVERTED.]

Except as provided in section 501B.31, when a corporation dissolves, merges, substantially changes the use or purposes for which it will use its assets, or consolidates, transfers its assets, or grants a mortgage or other security interest in its assets, assets of the corporation or a constituent corporation, and assets subsequently received by a single corporation after a merger or consolidation, may not be diverted from the uses and purposes for which the assets have been received and held, or from the uses and purposes expressed or intended by the original donor.

Sec. 42. [325E.58] [SIGN CONTRACTOR; BOND.]

(a) A sign contractor may post a compliance bond with the commissioner, conditioned that the sign contractor shall faithfully perform duties and comply with laws, ordinances, rules, and contracts entered into for the installation of signs. The bond must be renewed annually and maintained for so long as determined by the commissioner. The aggregate liability of the surety on the bond to any and all persons, regardless of the number of claims made against the bond, may not exceed the annual amount of the bond. The bond may be canceled as to future liability by the surety upon 30 days' written notice mailed to the commissioner by United States mail.

(b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a local unit of government that requires sign installers to post a compliance bond. The bond is in lieu of any compliance bond required by a local unit of government.

(c) For purposes of this section, "sign" means a device, structure, fixture, or placard using graphics, symbols, or written copy that is erected on the premises of an establishment including the name of the establishment or identifying the merchandise, services, activities, or entertainment available on the premises."

Page 28, line 22, after the period, insert "Notwithstanding any other law to the contrary,"

Page 28, delete line 23 and insert "not use an assumed name."

Page 28, delete line 24


Journal of the House - 23rd Day - Top of Page 740

Page 29, after line 27, insert:

"Sec. 51. Minnesota Statutes 1996, section 501B.35, subdivision 3, is amended to read:

Subd. 3. [CHARITABLE TRUST.] "Charitable trust" means a fiduciary relationship with respect to property that arises as a result of a manifestation of an intention to create it, and that subjects the person by whom the property is held to equitable duties to deal with the property for a charitable purpose. As used in this definition, property includes all income derived from fees for services.

Sec. 52. Minnesota Statutes 1996, section 507.401, subdivision 2, is amended to read:

Subd. 2. [CERTIFICATE OF RELEASE.] An officer or duly appointed agent of a title insurance company may, on behalf of a mortgagor or a person who acquired from the mortgagor title to all or a part of the property described in a mortgage, execute a certificate of release that complies with the requirements of this section and record the certificate of release in the real property records of each county in which the mortgage is recorded if: (i) a satisfaction or release of the mortgage has not been executed and recorded within 60 days after the date payment in full of the loan secured by the mortgage was sent in accordance with a payoff statement furnished by the mortgagee or the mortgage servicer, and (ii) the title insurance company, its officer, or agent has sent to the last known address of the mortgagee or the mortgage servicer, at least 30 days prior to executing the certificate of release, written notice of its intention to execute and record a certificate of release in accordance with this section after the expiration of the 60-day period.

Sec. 53. Minnesota Statutes 1996, section 507.401, subdivision 3, is amended to read:

Subd. 3. [CONTENTS.] A certificate of release executed under this section must contain substantially all of the following:

(1) the name of the mortgagor, the name of the original mortgagee, and, if applicable, the mortgage servicer, the date of the mortgage, the date of recording, and volume and page or document number in the real property records where the mortgage is recorded, together with similar information for the last recorded assignment of the mortgage;

(2) a statement that the mortgage was in the original principal amount of $500,000 or less;

(3) a statement that the person executing the certificate of release is an officer or a duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in this state under chapter 68A;

(4) a statement that the certificate of release is made on behalf of the mortgagor or a person who acquired title from the mortgagor to all or a part of the property described in the mortgage;

(5) a statement that the mortgagee or mortgage servicer provided a payoff statement which was used to make payment in full of the unpaid balance of the loan secured by the mortgage; and

(6) a statement that payment in full of the unpaid balance of the loan secured by the mortgage was made in accordance with the written or verbal payoff statement., and received by the mortgagee or mortgage servicer, as evidenced by one or more of the following in the records of the title insurance company or its agent:

(i) a bank check, certified check, escrow account check from the title company or title insurance agent, or attorney trust account check that has been negotiated by the mortgagee or mortgage servicer; or

(ii) other documentary evidence of payment to the mortgagee or mortgage servicer;

(7) a statement that more than 60 days have elapsed since the date payment in full was sent;

(8) a statement that after the expiration of the 60-day period referred to in subdivision 2, the title insurance company, its officer, or agent sent to the last known address of the mortgagee or mortgage servicer, at least 30 days prior to executing the certificate of release, notice in writing of its intention to execute and record a certificate of release in accordance with this section, with an unexecuted copy of the proposed certificate of release attached to the written notice; and


Journal of the House - 23rd Day - Top of Page 741

(9) a statement that the title insurance company, its officer, or agent has not received notification in writing of any reason why the certificate of release should not be executed and recorded after the expiration of the 30-day notice period referred to in subdivision 2."

Page 29, after line 30, insert:

"Sec. 55. [EFFECTIVE DATE.]

Section 30 is effective the day following final enactment and applies to all contracts, leases, or other agreements in effect on or after that date. Sections 40, 41, and 51 are effective the day following final enactment."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, after the second semicolon, insert "modifying the definition of franchise; regulating real estate brokers and salespersons;"

Page 1, line 5, after the semicolon, insert "regulating charitable trusts; requiring a compliance bond for sign contractors;"

Page 1, line 8, after the second semicolon, insert "regulating certificates of release by title insurance companies;"

Page 1, line 10, before "80A.04," insert "80A.02, subdivision 1;"

Page 1, line 14, delete "80A.14, subdivision" and insert "80A.14, subdivisions"

Page 1, line 15, after "3," insert "4,"

Page 1, line 16, before "80A.28," insert "80A.16;" and before "82.20," insert "80C.01, subdivision 4; 82.19, by adding a subdivision;"

Page 1, line 17, after "15;" insert "82.22, subdivision 13; 82.24, subdivision 5;"

Page 1, line 18, after "82B.14;" insert "82B.19, subdivision 1; 317A.141, by adding a subdivision; 317A.671;"

Page 1, line 20, delete "and" and before "proposing" insert "501B.35, subdivision 3; and 507.401, subdivisions 2 and 3;"

Page 1, line 22, delete "and" and after "80A;" insert "and 325E;"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 90, 246, 367, 683, 742, 756, 924, 988 and 1032 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 124 and 417 were read for the second time.


Journal of the House - 23rd Day - Top of Page 742

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Pugh, Wejcman, McGuire, Dawkins and Weaver introduced:

H. F. No. 1571, A bill for an act relating to human rights; prohibiting employers from making inquiries regarding unlawful discrimination complaints or charges made by applicants; limiting the discovery and admission of certain evidence in sexual harassment cases; amending Minnesota Statutes 1996, section 363.03, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 363.

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

Molnau, Lieder and Swenson, H., introduced:

H. F. No. 1572, A bill for an act relating to transportation; increasing motor fuel taxes; appropriating money for transportation and transit purposes; amending Minnesota Statutes 1996, sections 296.02, subdivision 1b; and 296.025, subdivision 1b.

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

Folliard, Kelso and Rhodes introduced:

H. F. No. 1573, A bill for an act relating to education; continuing the Aquila community together project; appropriating money.

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

Sykora, Smith and Weaver introduced:

H. F. No. 1574, A bill for an act relating to family; changing procedures and presumptions relating to joint custody; amending Minnesota Statutes 1996, section 518.17, subdivision 2.

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

Munger, Huntley and Jaros introduced:

H. F. No. 1575, A bill for an act relating to waste management; providing authority for the western Lake Superior sanitary district to collect solid waste management service charges; amending Minnesota Statutes 1996, section 115A.554; proposing coding for new law in Minnesota Statutes, chapter 458D.

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

Leppik introduced:

H. F. No. 1576, A bill for an act relating to administrative procedures; extending the legal status of existing exempt rules; amending Minnesota Statutes 1996, section 14.387.

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


Journal of the House - 23rd Day - Top of Page 743

Paulsen introduced:

H. F. No. 1577, A bill for an act relating to health; exempting residential hospices from certain food preparation rules; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Mullery, McCollum, Juhnke, Molnau and Lieder introduced:

H. F. No. 1578, A bill for an act relating to motor vehicles; providing for special license plate stickers for members of veteran service organizations; proposing coding for new law in Minnesota Statutes, chapter 168.

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

Hausman, Workman, Munger, Solberg and Osthoff introduced:

H. F. No. 1579, A bill for an act relating to game and fish; allowing subagents to retain a commission on the sale of sporting licenses; amending Minnesota Statutes 1996, section 97A.485, by adding a subdivision.

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

Mullery, Murphy, Jefferson, Skoglund and Stanek introduced:

H. F. No. 1580, A bill for an act relating to crime; witness tampering; increasing criminal penalties for certain witness tampering crimes that involve great bodily harm or death, or clear, credible, and unequivocal threats of great bodily harm or death; amending Minnesota Statutes 1996, section 609.498, by adding a subdivision.

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

Davids introduced:

H. F. No. 1581, A bill for an act relating to natural resources; appropriating money for expansion of the Blufflands trail system.

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

Davids introduced:

H. F. No. 1582, A bill for an act relating to natural resources; appropriating money for a soil survey in Fillmore county.

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

Mullery, Carlson, Kahn, Winter and Rhodes introduced:

H. F. No. 1583, A bill for an act relating to state government; requiring the commissioner of administration to place a bust of Nellie Stone Johnson in the state capitol.

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


Journal of the House - 23rd Day - Top of Page 744

Nornes, Peterson, Schumacher, Bettermann and Tompkins introduced:

H. F. No. 1584, A bill for an act relating to human services; providing for an electronic Minnesota community services directory; 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.

Holsten, Bakk, Finseth and Osthoff introduced:

H. F. No. 1585, A bill for an act relating to natural resources; specifying the disposition of interest earned on the unexpended balances of certain state accounts; modifying provisions for the computation of unrefunded gasoline tax; amending Minnesota Statutes 1996, sections 84.794, subdivision 1; 84.803, subdivision 1; 84.927, subdivision 2; 86B.415, subdivision 9; 94.165; and 296.421, subdivision 5.

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

Skoglund and Ozment introduced:

H. F. No. 1586, A bill for an act relating to criminal justice; arson; providing for statewide arson training courses for law enforcement and fire service personnel and prosecutors; creating an arson strike force to provide investigative and prosecutorial assistance to local agencies; providing intervention measures concerning juvenile firesetters; allowing the state fire marshal to designate individuals with power to summon witnesses and compel the production of documents; clarifying the district court's authority to punish failure to testify or produce evidence; allowing conviction and sentencing for both an arson crime and the crime the arson attempted to conceal; requiring a presentence investigation report to consider the impact of an arson offense on fire safety personnel; requiring development of an arson investigation training module; providing criminal penalties; appropriating money; amending Minnesota Statutes 1996, sections 299F.051; 299F.06, subdivisions 1 and 3; 609.035, subdivision 1, and by adding a subdivision; 609.115, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 299F; and 626; repealing Minnesota Statutes 1996, section 299F.07.

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

Erhardt, Osthoff, Pugh, Leppik and Bradley introduced:

H. F. No. 1587, A bill for an act relating to commerce; reducing certain fees of the department of commerce; amending Minnesota Statutes 1996, sections 80A.28, subdivision 2; 82.21, subdivision 1; 82B.09, subdivision 1; 155A.045, subdivision 1; 326.86, subdivision 1; 326.975, subdivision 1; and 359.01, subdivision 3.

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

Trimble, Farrell and Mariani introduced:

H. F. No. 1588, A bill for an act relating to state government; appropriating money for an advisory task force to consider a Minnesota museum of music.

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

Evans, Trimble, Kahn, Workman and Rhodes introduced:

H. F. No. 1589, A bill for an act relating to community development; providing funding for the center for victims of torture; appropriating money.

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


Journal of the House - 23rd Day - Top of Page 745

Anderson, B.; Farrell; Broecker; Mares and McGuire introduced:

H. F. No. 1590, A bill for an act relating to children; providing for treatment of certain children in need of protection or services; requiring certain notices; imposing a criminal penalty; amending Minnesota Statutes 1996, section 260.191, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 260.

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

Swenson, D.; Skoglund; Tuma; Farrell and Stanek introduced:

H. F. No. 1591, A bill for an act relating to crime prevention; authorizing use of results of preliminary screening test in a prosecution for violating a condition imposed on holder of a limited driver's license; amending Minnesota Statutes 1996, section 169.121, subdivision 6.

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

Tuma, Hasskamp, Milbert, Kraus and Olson, E., introduced:

H. F. No. 1592, A bill for an act relating to taxation; property; providing that certain property owners residing in a nursing home retain homestead status; amending Minnesota Statutes 1996, section 273.124, subdivision 1.

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

Dempsey; Davids; Mahon; Anderson, I., and Sykora introduced:

H. F. No. 1593, A bill for an act relating to insurance; requiring certain insurers to provide certain water or steam damage coverage; proposing coding for new law in Minnesota Statutes, chapter 65A.

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

Farrell; Mariani; Skoglund; Swenson, D., and Trimble introduced:

H. F. No. 1594, A bill for an act relating to crime prevention; appropriating money to develop a law enforcement library at Metropolitan State University.

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

Farrell; Mariani; Swenson, D.; Skoglund and Trimble introduced:

H. F. No. 1595, A bill for an act relating to crime prevention; directing the board of peace officer standards and training to amend its rules and to establish an award for excellence in peace officer training.

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

Broecker and Krinkie introduced:

H. F. No. 1596, A bill for an act relating to highways; requiring the commissioner of transportation to take appropriate action to substantially increase pedestrian safety at an intersection in North Oaks.

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


Journal of the House - 23rd Day - Top of Page 746

Pugh, Broecker, Murphy, Larsen and Dawkins introduced:

H. F. No. 1597, A bill for an act relating to legal services; appropriating money to the supreme court for civil legal services.

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

Koppendrayer, Kelso, Hilty and Vickerman introduced:

H. F. No. 1598, A bill for an act relating to human services; providing for county agency reimbursement for services provided to American Indians living on reservations; 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.

Dehler and Knoblach introduced:

H. F. No. 1599, A bill for an act relating to education; expanding eligible institutions for purposes of the child care grant program; amending Minnesota Statutes 1996, section 136A.125, subdivision 3.

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

Erhardt, Hasskamp, Murphy and Rhodes introduced:

H. F. No. 1600, A bill for an act relating to taxation; providing an additional property tax refund to certain homeowners; amending Minnesota Statutes 1996, sections 290A.04, by adding a subdivision; and 290A.23, subdivision 3.

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

Abrams, Pugh and McGuire introduced:

H. F. No. 1601, A bill for an act relating to crimes; eliminating misdemeanor offense of selling toxic substances to minors; amending Minnesota Statutes 1996, section 609.684, subdivision 4; repealing Minnesota Statutes 1996, sections 145.406; and 609.684, subdivision 2.

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

Stang and Bettermann introduced:

H. F. No. 1602, A bill for an act relating to traffic regulations; authorizing school buses operating on certain routes to be equipped with tires having metal studs; amending Minnesota Statutes 1996, section 169.72, by adding a subdivision.

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

Slawik introduced:

H. F. No. 1603, A bill for an act relating to state lands; authorizing the transfer to the city of Oakdale of certain tax-forfeited land that borders public water in Washington county.

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


Journal of the House - 23rd Day - Top of Page 747

Tomassoni, Davids, Milbert and Jennings introduced:

H. F. No. 1604, A bill for an act relating to insurance; no-fault auto; regulating residual liability insurance on nonowned vehicles; amending Minnesota Statutes 1996, section 65B.49, subdivision 3.

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

Davids introduced:

H. F. No. 1605, A bill for an act relating to insurance; Minnesota comprehensive health insurance association; modifying eligibility for coverage under the state plan; providing funding for the expenses of the association; prohibiting unfair referrals; amending Minnesota Statutes 1996, sections 62E.10, subdivision 7; 62E.11, by adding a subdivision; 62E.14, by adding a subdivision; 256B.0625, subdivision 15; 256D.03, subdivision 3b; and 268.022, subdivision 2.

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

Seagren, McCollum and Hasskamp introduced:

H. F. No. 1606, A bill for an act relating to taxation; individual income; allowing a subtraction for military pay; amending Minnesota Statutes 1996, section 290.01, subdivision 19b.

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

Carlson; Seagren; Tomassoni; Johnson, R., and Ness introduced:

H. F. No. 1607, A bill for an act relating to education; establishing the lifework learning center; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 121.

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

Bishop, Bradley and Opatz introduced:

H. F. No. 1608, A bill for an act relating to local government; authorizing home rule charters to provide for recall and removal of officers; amending Minnesota Statutes 1996, section 410.20.

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

Knoblach introduced:

H. F. No. 1609, A bill for an act relating to corrections; creating the site selection committee to recommend sites for future correctional facilities; proposing coding for new law in Minnesota Statutes, chapter 243.

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

Knoblach introduced:

H. F. No. 1610, A bill for an act relating to the legislature; providing that testimony be made under oath or affirmation; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 3.

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


Journal of the House - 23rd Day - Top of Page 748

Slawik; Clark; Swenson, D.; Mares and Jaros introduced:

H. F. No. 1611, A bill for an act appropriating money for Landfall housing and redevelopment.

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

Kalis, Solberg, Dempsey, Knoblach and Bishop introduced:

H. F. No. 1612, A bill for an act relating to public administration; amending certain conditions relating to spending authorizations; amending Laws 1996, chapter 463, section 13, subdivision 4.

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

Rifenberg, Davids, Pelowski and Hasskamp introduced:

H. F. No. 1613, A bill for an act relating to appropriations; changing appropriation for the Pickwick Mill; amending Laws 1996, chapter 463, section 22, subdivision 8.

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

Tompkins, Stanek, Westfall, Macklin and Workman introduced:

H. F. No. 1614, A resolution memorializing Congress to propose an amendment to the United States Constitution to balance the budget.

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

Olson, E.; Daggett; Kubly; Anderson, I., and Davids introduced:

H. F. No. 1615, A bill for an act relating to tax increment financing; exempting small cities from certain rules; amending Minnesota Statutes, sections 273.1399, by adding a subdivision; 469.174, by adding a subdivision; 469.176, subdivisions 4c, 4j, and 5; and 469.1763, by adding a subdivision.

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

Hausman and Winter introduced:

H. F. No. 1616, A bill for an act relating to taxation; reenacting the sales and use tax exemptions for photovoltaic devices and wind energy systems; amending Minnesota Statutes 1996, section 297A.25, by adding subdivisions.

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

Macklin, Long, Koppendrayer, Kelso and Abrams introduced:

H. F. No. 1617, A bill for an act relating to taxation; providing for property tax reform; changing class rates; providing education funding; providing truth in budgeting; providing levy constraints; appropriating money; amending Minnesota Statutes 1996, sections 273.13, subdivisions 22, 23, 24, 25, and 31; 273.1393; 275.065, subdivisions 1, 3, 5a, and 6, and by adding a subdivision; 275.07, by adding a subdivision; 276.04, subdivision 2; 477A.013, subdivision 9; and 477A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 273; and 275; repealing Minnesota Statutes 1996, sections 273.13, subdivision 32; 473.3915; and 477A.011, subdivision 37.

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


Journal of the House - 23rd Day - Top of Page 749

Greiling, McGuire, Tuma, Osskopp and Luther introduced:

H. F. No. 1618, A bill for an act relating to state agencies; multimember agencies; changing certain publication dates and requirements; modifying registration requirements; changing the expiration date for certain multimember agencies; amending Minnesota Statutes 1996, sections 15.059, subdivision 5; 15.0597, subdivisions 2 and 3; and 15.0599, subdivisions 1, 4, and 5, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 15.

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

Jennings; Swenson, D., and Holsten introduced:

H. F. No. 1619, A bill for an act relating to local government; authorizing abandonment of a ditch; appropriating money.

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

Kinkel introduced:

H. F. No. 1620, A bill for an act relating to counties; providing that issuance of a certain permit does not make a county liable for certain injuries; amending Minnesota Statutes 1996, section 86B.121.

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

Murphy and Hilty introduced:

H. F. No. 1621, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land in Carlton county.

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

Rifenberg and Davids introduced:

H. F. No. 1622, A bill for an act relating to state lands; authorizing the private sale of certain surplus state land in Houston county.

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

Westrom introduced:

H. F. No. 1623, A bill for an act relating to government officials; limiting certain promotional activities; amending Minnesota Statutes 1996, section 16B.52, by adding a subdivision.

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

Bishop and Dawkins introduced:

H. F. No. 1624, A bill for an act relating to civil actions; limitations periods; adding occupational therapists to the limitation period for other health care professionals; amending Minnesota Statutes 1996, section 541.07.

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


Journal of the House - 23rd Day - Top of Page 750

Mariani, McCollum, Paymar, Osthoff and Dawkins introduced:

H. F. No. 1625, A bill for an act relating to the city of St. Paul; appropriating money to fund the Harriet Island Redevelopment.

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

McGuire introduced:

H. F. No. 1626, A bill for an act relating to privacy; providing for the classification of and access to government data; modifying provisions governing data practices; amending Minnesota Statutes 1996, sections 13.33; 13.43, subdivision 2; 13.82, by adding a subdivision; 13.85, subdivision 2; 171.12, subdivision 1; and 260.161, subdivisions 1 and 1a.

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

Knoblach and Jefferson introduced:

H. F. No. 1627, A bill for an act relating to retirement; public employees police and fire fund; providing for an administrative hearing on the question of alleged incorrect tax documentation on a disability benefit; appropriating money.

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

Johnson, A.; Long; Pelowski; Ness and Ozment introduced:

H. F. No. 1628, A bill for an act relating to sales tax; making certain services taxable; creating an advisory council; amending Minnesota Statutes 1996, section 297A.01, subdivision 3.

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

Jefferson introduced:

H. F. No. 1629, A bill for an act relating to warrants; providing for inspection warrants; providing a penalty; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Krinkie, Pawlenty, Van Dellen, Rifenberg and Knight introduced:

H. F. No. 1630, A bill for an act relating to taxes; sales and use; modifying the rate; amending Minnesota Statutes 1996, section 297A.02, subdivision 1.

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

Van Dellen and Stanek introduced:

H. F. No. 1631, A bill for an act relating to crime; increasing sentences for persons who commit felonies for the benefit of a criminal gang; repealing the statutory definition of criminal gang; amending Minnesota Statutes 1996, section 609.229, subdivision 3; repealing Minnesota Statutes 1996, section 609.229, subdivision 1.

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


Journal of the House - 23rd Day - Top of Page 751

Mariani, Clark, Dawkins, Bakk and Jaros introduced:

H. F. No. 1632, A bill for an act relating to appropriations; appropriating money for the neighborhood land trust program.

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

Haas, Peterson, Munger and Bakk introduced:

H. F. No. 1633, A bill for an act relating to snowmobiles; requiring snowmobile liability insurance; authorizing the issuance of civil citations; requiring lottery game with a snowmobile safety theme; providing civil and criminal penalties; appropriating money; amending Minnesota Statutes 1996, section 349.12, subdivision 25; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Haas, Bradley and Westrom introduced:

H. F. No. 1634, A bill for an act relating to health; requiring the board of the Minnesota comprehensive health association to develop a prescription drug insurance program for senior citizens; appropriating money.

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

Haas, Van Dellen, Boudreau and Knoblach introduced:

H. F. No. 1635, A bill for an act relating to taxation; individual income; allowing a one-time personal and dependent refund.

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

Mulder, Peterson, Westrom, Westfall and Nornes introduced:

H. F. No. 1636, A bill for an act relating to snowmobiles; requiring the commissioner to provide a listing of safety programs; amending Minnesota Statutes 1996, section 84.82, subdivision 2.

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

Anderson, I.; Abrams; Lieder and Davids introduced:

H. F. No. 1637, A bill for an act relating to insurance; adopting insurance-related recommendations of the arson task force; amending Minnesota Statutes 1996, sections 65A.296, subdivision 1; 65A.50, subdivision 13; 72A.20, subdivision 12; 72A.201, subdivision 8; 299F.053, subdivision 2; and 299F.054, subdivision 4.

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

Trimble introduced:

H. F. No. 1638, A bill for an act relating to economic development; promoting foreign trade zones; appropriating money.

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


Journal of the House - 23rd Day - Top of Page 752

Harder, Schumacher, Skare, Winter and Wenzel introduced:

H. F. No. 1639, A bill for an act relating to agriculture; providing an appropriation for farm safety outreach; appropriating money.

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

Harder and Winter introduced:

H. F. No. 1640, A bill for an act relating to retirement; public employees retirement association; providing for certain refunds as a result of the privatization of the Jackson medical center and the Tracy municipal hospital and clinic.

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

Schumacher introduced:

H. F. No. 1641, A bill for an act relating to state government; requiring establishment of a toll-free telephone service for all Minnesotans to call the legislature; appropriating money; 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.

Dawkins introduced:

H. F. No. 1642, A bill for an act relating to economic development; expanding the eligibility to qualify for inclusion within an enterprise zone; amending Minnesota Statutes 1996, sections 469.301, by adding a subdivision; 469.303; and 469.305, subdivision 1.

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

Bishop introduced:

H. F. No. 1643, A bill for an act relating to taxation; providing that increases in property tax levies over those payable in 1997 be levied against referendum market value; providing for targeted property tax refunds for residential and farm homesteads; providing for local government aids; abolishing limited market value; amending Minnesota Statutes 1996, sections 124.2131, subdivision 1; 124A.03, subdivision 1g; 124A.0311, subdivision 1; 124A.23, subdivisions 1 and 2; 273.032; 273.11, subdivision 5; 273.121; 276.04, subdivision 2; 290A.04, subdivision 2h; 477A.011, subdivision 34, and by adding subdivisions; 477A.013, subdivisions 8 and 9; and 477A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 124; and 275; repealing Minnesota Statutes 1996, sections 124A.0311, subdivisions 2, 3, and 4; 273.11, subdivision 1a; and 477A.011, subdivisions 35, 36, and 37.

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

Molnau introduced:

H. F. No. 1644, A bill for an act relating to transportation; allowing population of city to be determined by estimate of metropolitan council or state demographer for purpose of qualifying for municipal state-aid street fund apportionment; amending Minnesota Statutes 1996, section 162.09, subdivision 4.

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


Journal of the House - 23rd Day - Top of Page 753

Trimble, Ozment, Kalis and Larsen introduced:

H. F. No. 1645, A bill for an act relating to local government; providing for the purchase and transfer of certain development rights; appropriating money; amending Minnesota Statutes 1996, sections 394.25, subdivision 2; and 462.357, subdivision 1.

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

Trimble introduced:

H. F. No. 1646, A bill for an act relating to agriculture; providing for competition and economic fairness in the marketing of dairy products; allowing retail price flexibility in sales of milk and milk products; repealing Minnesota Statutes 1996, sections 32.70; 32.71; 32.72; 32.73; and 32.74.

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

Trimble, Clark, Osthoff and Gunther introduced:

H. F. No. 1647, A bill for an act relating to economic development; providing funding and direction to the jobs skills partnership; appropriating money; amending Minnesota Statutes 1996, section 116L.04, subdivision 1, and by adding a subdivision.

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

Wejcman and Greenfield introduced:

H. F. No. 1648, A bill for an act relating to human services; changing reimbursement to counties for transportation services provided for transporting persons to detoxification programs or shelters; amending Minnesota Statutes 1996, section 254A.17, subdivision 3.

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

Wejcman and Greenfield introduced:

H. F. No. 1649, A bill for an act relating to human services; requiring case management services for mental illness to be reimbursed at the same rate as case management services for mental retardation; amending Minnesota Statutes 1996, section 256B.0625, subdivision 20.

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

Wejcman introduced:

H. F. No. 1650, A bill for an act relating to crime; providing criminal penalties for adults who approach, contact, or speak to a minor who is not related to the actor, with intent to commit sexual conduct or a criminal or delinquent act; amending Minnesota Statutes 1996, sections 609.352, subdivisions 1 and 2; and 609.494, subdivision 1.

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

Holsten, Osthoff, Tingelstad, McCollum and Westfall introduced:

H. F. No. 1651, A bill for an act relating to natural resources; appropriating money for the critical habitat private sector matching account.

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


Journal of the House - 23rd Day - Top of Page 754

Ness, Tomassoni, Mares, Kielkucki and Schumacher introduced:

H. F. No. 1652, A bill for an act relating to education; modifying secondary vocational education aid guarantee; amending Minnesota Statutes 1996, section 124.573, subdivision 2f.

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

Workman introduced:

H. F. No. 1653, A bill for an act relating to consumer protection; regulating new motorcycle warranties; imposing duties on manufacturers; amending Minnesota Statutes 1996, section 325F.665, subdivision 1.

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

Workman and Finseth introduced:

H. F. No. 1654, A bill for an act relating to health; prohibiting partial-birth abortions; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Workman introduced:

H. F. No. 1655, A bill for an act relating to tax increment financing; authorizing the city of Chanhassen to establish a housing tax increment district; exempting the district from certain requirements.

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

Entenza introduced:

H. F. No. 1656, A bill for an act relating to crimes; making it a crime for suspected drug-impaired driver to refuse to submit to drug recognition evaluation; expanding implied consent law to cover drug recognition evaluation conducted by a drug recognition expert; requiring peace officer training in sobriety field testing and on drugs that impair driving; requiring that drug recognition experts be trained and made available around the state on a phased-in schedule; appropriating money; amending Minnesota Statutes 1996, sections 169.01, by adding subdivisions; 169.121, subdivisions 1a and 2; and 169.123, subdivisions 2, 4, 5a, and 6; proposing coding for new law in Minnesota Statutes, chapters 299D; and 626.

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

Skoglund and Entenza introduced:

H. F. No. 1657, A bill for an act relating to children; child protection; providing a uniform process for children in need of protection or services petitions; providing certain notice in voluntary placements; providing for access to certain data on children; providing for contact and communication agreements in adoption; modifying the reasonable efforts requirement when a child has been placed outside the home; clarifying and modifying time requirements for permanency planning; providing earlier notice to relatives of permanency planning for a child; modifying grounds for termination of parental rights; appropriating money; amending Minnesota Statutes 1996, sections 256E.03, subdivision 2; 257.071, subdivisions 3, 4, and by adding subdivisions; 257.072, subdivision 1; 259.41; 259.59, by adding a subdivision; 259.67, subdivision 2; 260.012; 260.015, subdivisions 2a and 29; 260.131, subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 4, and 8; 260.161, by adding a subdivision; 260.165, subdivision 3; 260.191, subdivisions 3a, 3b, and 4; 260.192; 260.221, subdivisions 1 and 5; and 260.241, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapters 257; and 259; repealing Minnesota Statutes 1996, section 259.33.

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


Journal of the House - 23rd Day - Top of Page 755

Holsten, Winter, Finseth, Westfall and Wagenius introduced:

H. F. No. 1658, A bill for an act relating to the environment; authorizing the delegation of National Pollutant Discharge Elimination System permits; amending Minnesota Statutes 1996, sections 103D.335, subdivision 10; and 115.03, subdivision 5.

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

Evans, Trimble, Delmont and Carruthers introduced:

H. F. No. 1659, A bill for an act relating to economic development; appropriating money for the north metro I-35W corridor coalition.

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

Evans introduced:

H. F. No. 1660, A bill for an act relating to education; assisting school districts in complying with state and federal laws prohibiting discrimination; appropriating money.

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

Pugh introduced:

H. F. No. 1661, A bill for an act relating to health; providing for the limited practice of psychology; amending Minnesota Statutes 1996, section 148.90, subdivision 1; 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.

McGuire introduced:

H. F. No. 1662, A bill for an act relating to appropriations; making an appropriation to the Minnesota historical society for a grant to the Minnesota center for legal education for certain programs.

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

Bakk introduced:

H. F. No. 1663, A bill for an act relating to Lake county; providing for the establishment of a redevelopment project area and redevelopment tax increment financing districts to finance certain costs of wastewater collection and treatment facilities.

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

Anderson, I., and Bakk introduced:

H. F. No. 1664, A bill for an act relating to appropriations; appropriating money for the Voyageur recreation area board.

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


Journal of the House - 23rd Day - Top of Page 756

Farrell introduced:

H. F. No. 1665, A bill for an act relating to liquor; authorizing the issuance of intoxicating liquor licenses to the division of parks and recreation of the city of Saint Paul; amending Laws 1990, chapter 554, section 19.

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

Biernat, Dawkins and Entenza introduced:

H. F. No. 1666, A bill for an act relating to civil actions; providing a limitation on actions based on errors or omissions in housing inspections; proposing coding for new law in Minnesota Statutes, chapter 541.

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

Luther, Mariani and Weaver introduced:

H. F. No. 1667, A bill for an act relating to education; establishing an adult basic education program for adults with disabilities; appropriating money; amending Minnesota Statutes 1996, sections 124.26, by adding a subdivision; and 124.2601, by adding a subdivision.

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

Macklin introduced:

H. F. No. 1668, A bill for an act relating to evidence; fixing the conditions for the disclosure of certain information subject to the Minnesota Free Flow of Information Act; amending Minnesota Statutes 1996, sections 595.023; and 595.024, subdivision 2.

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

Wenzel introduced:

H. F. No. 1669, A bill for an act relating to education; authorizing a grant for Mid-State Education District No. 6979; appropriating money.

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

Goodno, Kinkel, Seifert, Opatz and Bettermann introduced:

H. F. No. 1670, A bill for an act relating to labor relations; providing special arbitration provisions for a certain bargaining unit; amending Minnesota Statutes 1996, section 179A.16, by adding a subdivision.

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

Paymar introduced:

H. F. No. 1671, A bill for an act relating to traffic regulations; prescribing the display period for "Walk" signal at certain pedestrian-control traffic signals; amending Minnesota Statutes 1996, section 169.06, subdivision 6.

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


Journal of the House - 23rd Day - Top of Page 757

Paymar and Trimble introduced:

H. F. No. 1672, A bill for an act relating to highways; appropriating money for beautification and enhancement of marked trunk highway No. 5 in St. Paul.

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

Greenfield introduced:

H. F. No. 1673, A bill for an act relating to human services; authorizing an increase in reimbursement rates; including home modification to the alternative care program and the waivered programs without prior authorization; requiring rate consolidation for the waivered programs for certain services; exempting certain individuals from preadmission screening; requiring the monthly cap for elderly waiver conversion clients to be the higher of either the statewide average or the actual nursing home cost; extending the alternative care pilot projects; amending Minnesota Statutes 1996, sections 256B.0911, subdivision 2; 256B.0912, by adding a subdivision; 256B.0913, subdivision 5; and 256B.0915, subdivision 3; Laws 1995, chapter 207, article 6, section 115; repealing Minnesota Statutes 1996, sections 144.0721, subdivision 3; and 256B.0913, subdivision 15.

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

Dawkins introduced:

H. F. No. 1674, A bill for an act relating to crime prevention; specifying eligibility for community-based crime prevention grants; amending Minnesota Statutes 1996, section 119A.31, subdivision 1.

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

Dawkins introduced:

H. F. No. 1675, A bill for an act relating to community development; appropriating money for a project in the city of St. Paul; providing for a comprehensive planning process.

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

Pawlenty, Kinkel, Mulder, McGuire and Sykora introduced:

H. F. No. 1676, A bill for an act relating to early childhood development; establishing an infant development project; appropriating money.

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

Anderson, B., by request, introduced:

H. F. No. 1677, A bill for an act relating to highways; appropriating money for fencing along highway 169 in Elk River.

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

Biernat, Greiling, Evans, Weaver and Kahn introduced:

H. F. No. 1678, A bill for an act relating to education; establishing an interim task force to study and recommend a preK-12 education governance structure; directing the revisor to make the appropriate changes to reflect the repeal of the state board of education; repealing Minnesota Statutes 1996, section 121.02.

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


Journal of the House - 23rd Day - Top of Page 758

Garcia, Mahon and Wagenius introduced:

H. F. No. 1679, A bill for an act relating to metropolitan airports; requiring conveyance and reconveyance of land between metropolitan airports commission and city of Richfield.

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

Anderson, I., introduced:

H. F. No. 1680, A bill for an act relating to education; appropriating money for the gateway to the world grant.

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

Peterson, Munger and Hausman introduced:

H. F. No. 1681, A bill for an act relating to motor vehicles; temporarily reducing registration tax on motor vehicles powered by alternative fuels; imposing registration fee on certain vehicles; creating alternative fuel vehicle development account to promote development of alternative fuel vehicles and fueling facilities; requiring rulemaking; temporarily halting taxation of certain motor fuels; making technical correction; amending Minnesota Statutes 1996, sections 168.013, by adding a subdivision; 296.02, subdivision 1b; and 296.025, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 216C.

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

Peterson, Davids, McCollum and Dorn introduced:

H. F. No. 1682, A bill for an act relating to traffic regulations; allowing school buses to be operated with studded tires when authorized by the local school board; amending Minnesota Statutes 1996, section 169.72, by adding a subdivision.

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

Seifert, by request, and Winter introduced:

H. F. No. 1683, A bill for an act relating to human services; establishing a downsizing pilot project for two ICF/MR located in Lyon county.

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

Kelso, Koppendrayer, Greiling, Weaver and Biernat introduced:

H. F. No. 1684, A bill for an act relating to education; appropriating money to fund the Minnesota International Center's international classroom connection.

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

Delmont and Carlson introduced:

H. F. No. 1685, A bill for an act relating to education; modifying the equalized debt service levy; appropriating money; amending Minnesota Statutes 1996, sections 124.95, subdivision 4; and 124.961.

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


Journal of the House - 23rd Day - Top of Page 759

Kubly, Winter, Juhnke and Wenzel introduced:

H. F. No. 1686, A bill for an act relating to agriculture; creating a rural dispute resolution procedure; amending Laws 1986, chapter 398, article 1, section 18, as amended; proposing coding for new law as Minnesota Statutes, chapter 40B.

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

Tunheim introduced:

H. F. No. 1687, A bill for an act relating to human services; allowing optional bidding for vendors of senior meals; amending Minnesota Statutes 1996, section 256.9752, by adding a subdivision.

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

Tunheim introduced:

H. F. No. 1688, A bill for an act relating to taxation; property; allowing apartment property in certain towns to receive a lower class rate; amending Minnesota Statutes 1996, section 273.13, subdivision 25.

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

Johnson, A.; Kelso; Broecker; Schumacher and Knight introduced:

H. F. No. 1689, A bill for an act relating to drivers' licenses; providing that motorcycle permit is effective for one year before renewal; providing for endorsement fees; amending Minnesota Statutes 1996, sections 169.974, subdivision 2; 171.06, subdivision 2a; and 171.13, subdivision 5, and by adding a subdivision.

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

Hasskamp and Leppik introduced:

H. F. No. 1690, A bill for an act relating to watercraft; modifying provisions for the operation of personal watercraft; requiring insurance to obtain a personal watercraft license; amending Minnesota Statutes 1996, sections 86B.313, subdivisions 1 and 3; and 86B.401, subdivision 1.

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

Pugh, Dawkins, Wejcman, Murphy and Stanek introduced:

H. F. No. 1691, A bill for an act relating to the judiciary; allowing the board on judicial standards to pay costs and attorney's fees in certain cases; appropriating money.

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

Munger, Leppik, Hausman, Sekhon and Dempsey introduced:

H. F. No. 1692, A resolution memorializing Congress to recognize Earth Day as a national day of service and education.

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


Journal of the House - 23rd Day - Top of Page 760

Pugh, Skoglund, Stanek, Garcia and Jefferson introduced:

H. F. No. 1693, A bill for an act relating to public employees; providing that public safety dispatchers are essential employees; amending Minnesota Statutes 1996, section 179A.03, subdivision 7.

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

Garcia, Holsten, Commers, Delmont and Olson, E., introduced:

H. F. No. 1694, A bill for an act relating to gambling; modifying the combined receipts tax schedule; amending Minnesota Statutes 1996, section 297E.02, subdivision 6.

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

Pugh, Wolf, Vickerman, Kelso and McCollum introduced:

H. F. No. 1695, A bill for an act relating to gambling; modifying the combined receipts tax schedule; amending Minnesota Statutes 1996, section 297E.02, subdivision 6.

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

Bakk introduced:

H. F. No. 1696, A bill for an act relating to game and fish; establishing shooting hours for migratory game birds; amending Minnesota Statutes 1996, section 97B.075.

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

Paulsen and Commers introduced:

H. F. No. 1697, A bill for an act relating to elections; prohibiting candidates from accepting certain contributions; amending Minnesota Statutes 1996, section 10A.27, subdivision 11.

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

Greenfield introduced:

H. F. No. 1698, A bill for an act relating to health; establishing reimbursement rates for a nursing facility relocated under the moratorium exception process; amending Minnesota Statutes 1996, section 256B.431, by adding a subdivision.

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

Rukavina, Solberg, Winter, Pelowski and Bettermann introduced:

H. F. No. 1699, A bill for an act relating to higher education; limiting the administrative costs of the Minnesota state colleges and universities system.

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


Journal of the House - 23rd Day - Top of Page 761

Kubly introduced:

H. F. No. 1700, A bill for an act relating to economic development; appropriating money for redevelopment of a commercial building in Olivia.

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

Murphy; Anderson, I., and Greenfield introduced:

H. F. No. 1701, A bill for an act relating to financial institutions; limiting charges for cashing certain state warrants; proposing coding for new law in Minnesota Statutes, chapter 48.

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

McCollum, Greenfield and Kahn introduced:

H. F. No. 1702, A bill for an act relating to health; regulating the practice of respiratory care; establishing the requirements for registration and regulation of respiratory care practitioners; providing for continuing education, fees, reporting obligations, disciplinary actions, and for an advisory council; providing criminal penalties; proposing coding for new law as Minnesota Statutes, chapter 147C; repealing Minnesota Rules, parts 4762.0010; 4762.0020; 4762.0030; 4762.0040; 4762.0050; 4762.0060; 4762.0065; 4762.0070; 4762.0080; 4762.0090; 4762.0100; 4762.0200; and 4762.0300.

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

Entenza, Farrell and Paymar introduced:

H. F. No. 1703, A bill for an act authorizing the sale of intoxicating liquor at professional athletic events in the St. Paul civic center; amending Laws 1969, chapter 783, section 1, subdivision 1, as amended.

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

Bradley introduced:

H. F. No. 1704, A bill for an act relating to health; establishing an asset requirement for the MinnesotaCare program; imposing civil and criminal penalties; amending Minnesota Statutes 1996, section 256.9355, by adding a subdivision; 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.

Finseth introduced:

H. F. No. 1705, A bill for an act relating to appropriations; appropriating money to stabilize river banks in East Grand Forks.

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

Entenza, Kubly and Evans introduced:

H. F. No. 1706, A bill for an act relating to health; appropriating money for the distribution of information on Down Syndrome.

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


Journal of the House - 23rd Day - Top of Page 762

Bishop introduced:

H. F. No. 1707, A bill for an act relating to health; modifying provisions governing advance health care directives; combining laws governing living wills and durable power of attorney for health care; amending Minnesota Statutes 1996, sections 14.03, subdivision 3; 14.386; 145B.13; 145C.01, subdivisions 2, 3, 4, 8, and by adding subdivisions; 145C.02; 145C.03; 145C.04; 145C.05, subdivision 2, and by adding a subdivision; 145C.06; 145C.07; 145C.08; 145C.09; 145C.10; 145C.11; 145C.12; and 145C.13, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 145B; and 145C; repealing Minnesota Statutes 1996, sections 145C.05, subdivision 1; and 145C.15.

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

Koskinen, Greenfield and Johnson, R., introduced:

H. F. No. 1708, A bill for an act relating to health; providing a senior citizen prescription drug benefit under the MinnesotaCare program; appropriating money; amending Minnesota Statutes 1996, section 256.9354, by adding a subdivision; 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.

Koskinen, Clark, Dawkins, Greiling and Weaver introduced:

H. F. No. 1709, A bill for an act relating to landlords and tenants; creating a duty for landlords to ensure reasonably safe conditions for tenants; amending Minnesota Statutes 1996, section 504.18, subdivision 1.

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

Koskinen, Mulder, Trimble, Farrell and Rhodes introduced:

H. F. No. 1710, A bill for an act relating to employment; providing counseling services and mandatory leave for certain railroad employees; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Leighton introduced:

H. F. No. 1711, A bill for an act relating to employment; modifying requirements for drug and alcohol testing; clarifying provisions on review of personnel records by employees; setting a limit for penalties on unpaid OSHA fines; creating a private right of action for violations of certain provisions regarding entertainment agencies; providing the criminal penalty of gross misdemeanor for an assault on an occupational safety and health investigator; amending Minnesota Statutes 1996, sections 181.953, subdivision 6; 181.961, subdivision 2; 182.666, subdivision 7; 184A.20; and 609.2231, subdivision 6.

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

Bishop and Bradley introduced:

H. F. No. 1712, A bill for an act relating to employment; changing the probationary period for new firefighters under the firefighters' civil service commissions; amending Minnesota Statutes 1996, section 420.08.

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


Journal of the House - 23rd Day - Top of Page 763

Dorn; Johnson, R.; Carlson; Pelowski and Bettermann introduced:

H. F. No. 1713, A bill for an act relating to government operations; providing for continued employment of certain distinguished service professors in the Minnesota state colleges and universities system.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 100, A bill for an act relating to public safety; providing for emergency expenditures related to the continuing severe weather conditions and their aftermath; providing additional funding for state road operations and state trooper overtime in fiscal year 1997; making certain cross-reference corrections; appropriating money; 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.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

CONSENT CALENDAR

S. F. No. 129, A bill for an act relating to drivers' licenses; providing for Under-21 Minnesota identification cards; amending Minnesota Statutes 1996, sections 171.06, subdivision 2; and 171.07, subdivisions 3 and 4.

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 Kalis Marko Peterson Sykora
Anderson, B. Evans Kelso McCollum Pugh Tingelstad
Anderson, I. Farrell Kielkucki McElroy Rest Tomassoni
Bakk Finseth Kinkel McGuire Reuter Tompkins
Bettermann Folliard Knight Milbert Rhodes Trimble
Biernat Garcia Knoblach Molnau Rifenberg Tuma
Bishop Goodno Koppendrayer Mulder Rostberg Tunheim
Boudreau Greenfield Koskinen Mullery Rukavina Van Dellen
Bradley Greiling Kraus Murphy Schumacher Vickerman
Broecker Gunther Krinkie Ness Seagren Wagenius
Carlson Haas Kubly Nornes Seifert Weaver
Chaudhary Harder Kuisle Olson, E. Sekhon Wejcman
Clark Hasskamp Larsen Olson, M. Skare Wenzel
Commers Hilty Leighton Opatz Skoglund Westfall
Daggett Holsten Leppik Orfield Slawik Westrom
Davids Huntley Lieder Osskopp Smith Winter

Journal of the House - 23rd Day - Top of Page 764
Dawkins Jaros Lindner Osthoff Solberg Wolf
Dehler Jefferson Luther Ozment Stanek Workman
Delmont Jennings Macklin Paulsen Stang Spk. Carruthers
Dempsey Johnson, A. Mahon Pawlenty Sviggum
Dorn Johnson, R. Mares Paymar Swenson, D.
Entenza Kahn Mariani Pelowski Swenson, H.

The bill was passed and its title agreed to.

S. F. No. 463 was reported to the House.

Winter moved that S. F. No. 463 be continued on the Consent Calendar. The motion prevailed.

H. F. No. 1088, A bill for an act relating to elections; allowing towns to rotate names of candidates on town ballots; amending Minnesota Statutes 1996, section 205.17, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


Journal of the House - 23rd Day - Top of Page 765

H. F. No. 1093, A bill for an act relating to elections; authorizing the electors of a metropolitan town to move the town election from March to November; amending Minnesota Statutes 1996, section 205.075, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

The Speaker called Trimble to the Chair.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Winter, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

H. F. Nos. 662, 958, 457, 454 and 1075.

SPECIAL ORDERS

H. F. No. 662, A bill for an act relating to the board of government innovation and cooperation; permitting the apportionment of a local government unit between two or more contiguous units; permitting the establishment of interim governing bodies to act on behalf of new local government units before the effective date of the combination establishing the new units; authorizing the pro rata allocation of board aid to cooperating and combining units; increasing eligibility for planning aid; amending Minnesota Statutes 1996, sections 465.81, subdivisions 1 and 3; 465.82, subdivisions 1, 2, and by adding a subdivision; 465.84; 465.85; 465.87, subdivisions 1a, 2, and 3; and 465.88.

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


Journal of the House - 23rd Day - Top of Page 766

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

KnightKrinkie

The bill was passed and its title agreed to.

H. F. No. 958, A bill for an act relating to local government; providing that St. Louis county may attach certain unorganized territory to the town of White without a petition of residents.

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 126 yeas and 4 nays as follows:

Those who voted in the affirmative were:


Journal of the House - 23rd Day - Top of Page 767
Abrams Entenza Juhnke Mariani Pelowski Swenson, D.
Anderson, B. Erhardt Kahn Marko Peterson Swenson, H.
Anderson, I. Evans Kalis McCollum Pugh Sykora
Bakk Farrell Kelso McElroy Rest Tingelstad
Bettermann Finseth Kielkucki McGuire Reuter Tomassoni
Biernat Folliard Kinkel Milbert Rhodes Tompkins
Bishop Garcia Knoblach Molnau Rifenberg Trimble
Boudreau Goodno Koppendrayer Mulder Rostberg Tuma
Bradley Greenfield Koskinen Mullery Rukavina Tunheim
Broecker Greiling Kraus Murphy Schumacher Van Dellen
Carlson Gunther Kubly Ness Seagren Vickerman
Chaudhary Haas Kuisle Olson, E. Seifert Wagenius
Clark Harder Larsen Olson, M. Sekhon Weaver
Commers Hasskamp Leighton Opatz Skare Wejcman
Daggett Hilty Leppik Orfield Skoglund Wenzel
Davids Huntley Lieder Osskopp Slawik Westfall
Dawkins Jaros Long Osthoff Smith Westrom
Dehler Jefferson Luther Ozment Solberg Winter
Delmont Jennings Macklin Paulsen Stanek Wolf
Dempsey Johnson, A. Mahon Pawlenty Stang Workman
Dorn Johnson, R. Mares Paymar Sviggum Spk. Carruthers

Those who voted in the negative were:

Knight Krinkie Lindner Nornes

The bill was passed and its title agreed to.

H. F. No. 457, A bill for an act relating to transportation; authorizing advance payment when required by federal government for transportation project; providing for payment for costs of certain culverts when abutting landowner is a road authority; removing and transferring jurisdiction of certain highways; requiring owners of certain bridges to inventory and regularly inspect their bridges; clarifying inspection requirement for toll and other bridges; providing for contingent appropriation to commissioner of transportation under certain circumstances; changing and repealing statutes regulating railroads to conform to federal law and federal preemption of certain regulated practices; transferring remaining duties and powers relating to regulating railroads from transportation regulation board to commissioner of transportation; modifying contractor bond requirements for transportation projects costing less than $75,000 or relating to the installation of certain capital equipment; extending procurement pilot project for department of transportation; authorizing conveyance of certain tax-forfeited and acquired land that borders public water or natural wetlands in Hennepin county; making technical changes; amending Minnesota Statutes 1996, sections 160.18, subdivision 1; 161.115, subdivisions 38 and 87; 165.03; 174A.06; 218.031, subdivision 2; 218.041, subdivisions 4 and 6; 219.074, subdivision 2; 219.384, subdivision 2; 219.98; and 574.26, subdivision 1a; Laws 1995, chapter 248, article 13, section 4, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16B; and 174; repealing Minnesota Statutes 1996, sections 161.115, subdivision 57; 218.021; 218.025; 218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, subdivisions 1, 2, 7, and 8; 219.383, subdivisions 1 and 2; 219.558; 219.559; 219.56; and 219.97, subdivision 6.

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 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Kahn Mares Paymar Swenson, D.
Anderson, B. Evans Kalis Mariani Pelowski Swenson, H.
Anderson, I. Farrell Kelso Marko Peterson Sykora
Bakk Finseth Kielkucki McCollum Pugh Tingelstad
Bettermann Folliard Kinkel McElroy Rest Tomassoni
Biernat Garcia Knight McGuire Reuter Tompkins
Bishop Goodno Knoblach Milbert Rhodes Trimble
Boudreau Greenfield Koppendrayer Molnau Rifenberg Tuma
Bradley Greiling Koskinen Mulder Rostberg Tunheim
Broecker Gunther Kraus Mullery Rukavina Van Dellen
Carlson Haas Krinkie Murphy Schumacher Vickerman
Chaudhary Harder Kubly Nornes Seagren Wagenius
Clark Hasskamp Kuisle Olson, E. Seifert Weaver
Commers Hilty Larsen Olson, M. Sekhon Wejcman

Journal of the House - 23rd Day - Top of Page 768
Daggett Holsten Leighton Opatz Skare Wenzel
Davids Huntley Leppik Orfield Skoglund Westfall
Dawkins Jaros Lieder Osskopp Slawik Westrom
Dehler Jefferson Lindner Osthoff Smith Winter
Delmont Jennings Long Otremba Solberg Wolf
Dempsey Johnson, A. Luther Ozment Stanek Workman
Dorn Johnson, R. Macklin Paulsen Stang Spk. Carruthers
Entenza Juhnke Mahon Pawlenty Sviggum

The bill was passed and its title agreed to.

H. F. No. 454 was reported to the House.

Knight offered an amendment to H. F. No. 454, the first engrossment.

POINT OF ORDER

Winter raised a point of order pursuant to rule 3.09 that the Knight amendment was not in order. Speaker pro tempore Trimble ruled the point of order well taken and the Knight amendment out of order.

H. F. No. 454, A bill for an act relating to motor vehicles; allowing issuance and display of single license plate for collector vehicles and vehicles that meet collector vehicle requirements but are used for general transportation purposes; amending Minnesota Statutes 1996, sections 168.10, subdivisions 1a, 1b, 1c, and 1d; and 169.79.

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 130 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 23rd Day - Top of Page 769

Those who voted in the negative were:

KrinkieStanek

The bill was passed and its title agreed to.

H. F. No. 1075 was reported to the House.

Pugh moved that H. F. No. 1075 be returned to General Orders. The motion prevailed.

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Sviggum moved that the name of Peterson be added as an author on H. F. No. 211. The motion prevailed.

Davids moved that the name of Delmont be added as an author on H. F. No. 367. The motion prevailed.

Murphy moved that the name of Westrom be added as an author on H. F. No. 633. The motion prevailed.

Dawkins moved that the name of Marko be added as an author on H. F. No. 812. The motion prevailed.

Farrell moved that the name of Pelowski be added as an author on H. F. No. 1109. The motion prevailed.

Boudreau moved that the names of Ness and Entenza be added as authors on H. F. No. 1114. The motion prevailed.

Tunheim moved that the name of Gunther be added as an author on H. F. No. 1186. The motion prevailed.

Kinkel moved that the names of Peterson; Swenson, H., and Anderson, I., be added as authors on H. F. No. 1224. The motion prevailed.

Trimble moved that the name of Peterson be added as an author on H. F. No. 1276. The motion prevailed.

Rhodes moved that the name of Broecker be added as an author on H. F. No. 1353. The motion prevailed.

Juhnke moved that the name of Sykora be added as an author on H. F. No. 1395. The motion prevailed.

Finseth moved that the name of Harder be added as an author on H. F. No. 1419. The motion prevailed.

Greiling moved that H. F. No. 60 be recalled from the Committee on Judiciary and be re-referred to the Committee on Education. The motion prevailed.

Lieder moved that H. F. No. 1232 be recalled from the Committee on Environment and Natural Resources and be re-referred to the Committee on Taxes. The motion prevailed.

Johnson, A., moved that H. F. No. 1562 be recalled from the Committee on Education and be re-referred to the Committee on Judiciary. The motion prevailed.

Davids moved that H. F. No. 367, now on Technical General Orders, be re-referred to the Committee on Judiciary. The motion prevailed.


Journal of the House - 23rd Day - Top of Page 770

Davids moved that his name be stricken and the name of Winter be added as chief author on H. F. No. 1179. The motion prevailed.

Kraus moved that H. F. No. 1210 be returned to its author. The motion prevailed.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Wednesday, March 19, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and Speaker pro tempore Trimble declared the House stands adjourned until 2:30 p.m., Wednesday, March 19, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives