The House of Representatives convened at 1:00 p.m. and was called to order by Speaker pro tempore Joe Opatz.
Prayer was offered by Deacon John Winkelman, St. Alphonsus Parish, Minneapolis, 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 | Juhnke | Marko | Pelowski | Tingelstad |
| Anderson, B. | Erickson | Kahn | McCollum | Peterson | Tomassoni |
| Anderson, I. | Evans | Kalis | McElroy | Pugh | Tompkins |
| Bakk | Farrell | Kelso | McGuire | Rest | Trimble |
| Bettermann | Finseth | Kielkucki | Milbert | Reuter | Tuma |
| Biernat | Folliard | Kinkel | Molnau | Rhodes | Tunheim |
| Bishop | Garcia | Knight | Mulder | Rifenberg | Van Dellen |
| Boudreau | Goodno | Knoblach | Mullery | Rostberg | Vandeveer |
| Bradley | Greenfield | Koskinen | Munger | Rukavina | Wagenius |
| Broecker | Greiling | Kraus | Murphy | Schumacher | Weaver |
| Carlson | Gunther | Krinkie | Ness | Seagren | Wejcman |
| Chaudhary | Haas | Kubly | Nornes | Seifert | Wenzel |
| Clark, J. | Harder | Kuisle | Olson, E. | Sekhon | Westfall |
| Clark, K. | Hasskamp | Larsen | Olson, M. | Skare | Westrom |
| Commers | Hausman | Leighton | Opatz | Skoglund | Winter |
| Daggett | Hilty | Leppik | Orfield | Slawik | Wolf |
| Davids | Holsten | Lieder | Osskopp | Smith | Workman |
| Dawkins | Huntley | Lindner | Osthoff | Solberg | Spk. Carruthers |
| Dehler | Jaros | Long | Otremba, M. | Stanek | |
| Delmont | Jefferson | Macklin | Ozment | Stang | |
| Dempsey | Jennings | Mahon | Paulsen | Sviggum | |
| Dorn | Johnson, A. | Mares | Pawlenty | Swenson, H. | |
| Entenza | Johnson, R. | Mariani | Paymar | Sykora | |
A quorum was present.
Luther was excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Kielkucki moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
The following communications were received:
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Joan Anderson Growe
Secretary of State
The State of Minnesota
Dear Ms. Growe:
It is my honor to inform you that I have allowed Resolution No. 8, H. F. No. 3854, to be filed without my signature.
H. F. No. 3854, memorializing the United States government to resolve certain differences between the Province of Ontario and the State of Minnesota.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:
H. F. No. 3070, relating to energy; transferring proceeds of certain energy conservation accounts to commissioner
of children, families, and learning; replacing public utility capital structure approval with security issuance approval;
providing for variance for decorative gas lamp.
H. F. No. 3068, relating to state employment; modifying salary provisions for certain officials; setting conditions for
advancing employees within a compensation plan or to exceed the salary of an agency head; providing an early retirement
incentive for certain employees of the bureau of criminal apprehension; ratifying certain labor agreements; ratifying certain
plans and proposals.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1998 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant
to the State Constitution, Article IV, Section 23:
| S.F. No. | H.F. No. | Session Laws Chapter No. | Time and Date Approved 1997 | Date
Filed 1997 |
| 3854 | Resolution No. 8 | April 2 | ||
| 2445 348 11:05 a.m. April 2 April 2 2302 349 11:08 a.m. April 2 April 2 | ||||
| 3070 350 11:02 a.m. April 2April 2 | ||||
| 3068 351 11:05 a.m. April 2April 2 | ||||
| 3397 353 11:10 a.m. April 2 April 2 | ||||
Sincerely,
Joan Anderson Growe
Secretary of State
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 3862, A bill for an act relating to public safety; providing for matching funds for federal disaster relief; appropriating money.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [APPROPRIATIONS.]
The sums in the column under "APPROPRIATIONS" are appropriated from the budget reserve in the general fund to
be spent for tornado relief, as specified in this act, in the area designated under Presidential Declaration of Major Disaster,
DR1212, whether included in the original declaration or added later by federal government action. The appropriations are
available until June 30, 1999, unless otherwise specified. If there is a shortage of funds in any of the programs under
section 2, 3, 4, or 5, unused funds in any of the other programs under these sections may be transferred by interagency
agreement to cover the shortfall.
PUBLIC SAFETY $ 8,300,000
HOUSING FINANCE AGENCY 4,000,000
TRADE AND ECONOMIC DEVELOPMENT 5,150,000
AGRICULTURE 4,000,000
REVENUE 500,000
HUMAN SERVICES 400,000
CHILDREN, FAMILIES, AND LEARNING 250,000
FINANCE 5,000,000
TOTAL $ 27,600,000
APPROPRIATIONS
$
Sec. 2. PUBLIC SAFETY
Subdivision 1. To the commissioner of public safety for the purposes
of this section 8,300,000
Subd. 2. Disaster Assistance Match 8,000,000
For the state and local match of federal disaster assistance funds under
Minnesota Statutes, section 12.221. This appropriation is available to
fund 100 percent of the state and local match obligations incurred
through the receipt of federal public assistance. This appropriation is
also available as a match for eligible state agency expenditures.
Subd. 3. Increases in Services 300,000
To provide for the cost of increases in services by the division
of emergency management to respond to the tornado disaster.
Sec. 3. HOUSING FINANCE
Subdivision 1. For transfer to the housing development fund for the
programs specified in this section 4,000,000
Subd. 2. Affordable Rental Investment Fund 500,000
For the affordable rental investment fund under Minnesota Statutes,
section 462A.21, subdivision 8b, to be used for rental housing.
Notwithstanding Minnesota Statutes, section 462A.21, subdivision 8b,
assistance provided from this appropriation for the rehabilitation of
existing rental housing may be in the form of forgivable loans. In
making forgivable loans from this appropriation, the agency shall
determine the circumstances, terms, and conditions under which all or
any portion of the grant shall be repaid. This appropriation is available
until expended.
Subd. 3. Community Rehabilitation Fund Program 3,500,000
For the community rehabilitation fund program under Minnesota
Statutes, section 462A.206. This appropriation is available until spent.
Subd. 4. Transfers
Money appropriated under this section may be transferred between the
affordable rental investment fund account and the community
rehabilitation fund account.
Sec. 4. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. To the commissioner of trade and economic
development for purposes of this section 5,150,000
Subd. 2. Minnesota Investment Fund 4,000,000
To the Minnesota investment fund for grants to local units of
government for locally administered operating loan programs for
businesses directly and adversely affected by the tornadoes. Loan
criteria and requirements must be locally established with approval by
the department. For the purposes of this appropriation, Minnesota
Statutes, sections 116J.8731, subdivisions 3, 4, 5, and 7, and 116J.991,
are waived. Businesses that receive grants or loans from this
appropriation shall set goals for jobs retained and wages paid within the
area designated under Presidential Declaration of Major Disaster,
DR1212, whether included in the original declaration or added later by
federal government action.
Subd. 3. Public Infrastructure 1,000,000
For grants to local units of government to assist with the cost of
repair and replacement of publicly owned buildings; storm sewers,
wastewater and municipal utility service; drinking water systems; and
streets, bridges, and other infrastructure.
Subd. 4. Technical Assistance 150,000
For grants to local units of government for technical assistance for loan
programs.
Sec. 5. AGRICULTURE 4,000,000
To the rural finance authority for department of agriculture loans under
Minnesota Statutes, chapter 41B, to farmers for repairs to farm
buildings and for working capital operating loans.
Sec. 6. REVENUE 500,000
To the commissioner of revenue to be apportioned among the counties
within the area designated under Presidential Declaration of Major
Disaster, DR1212, whether included in the original declaration or added
later by federal government action to provide reimbursement for
abatements granted for taxes payable in 1998 to properties damaged in
the March 29, 1998, tornadoes. The apportionment shall be based upon
the amount of tornado-related market value loss in each county.
Counties must be reimbursed only for property taxes that are actually
abated, not to exceed each county's apportioned amount.
Sec. 7. HUMAN SERVICES 400,000
To the commissioner of human services for grants to counties and
nonprofit social service agencies for social services and farm advocacy
outreach.
Sec. 8. CHILDREN, FAMILIES, AND LEARNING 250,000
To the commissioner of children, families, and learning for grants to
counties for after-school and expanded day care services.
Sec. 9. FINANCE 5,000,000
A contingency appropriation to the commissioner of finance
for allocations to programs at the request of the governor, for
unanticipated needs to aid disaster victims. This appropriation includes the
amount needed for historic preservation loans or grants to be administered
by the Minnesota Historical Society, in conjunction with the
Minnesota Housing Finance Agency and the Department of Trade and
Economic Development. This appropriation includes the amounts needed in
fiscal years 1998 and 1999 for the department of children, families,
and learning for the costs of sections 26, 27, and 28. Before transfer
of funds to specific programs, the commissioner must seek
a recommendation on the proposed spending from the legislative
advisory review commission under Minnesota Statutes, section
3.3005, subdivision 5.
Sec. 10. [TEMPORARY WAIVER OF FEES, ASSESSMENTS, OR TAXES.]
Notwithstanding any law to the contrary, for fiscal years 1998 and 1999, an agency, with the approval of the governor,
may waive fees that would otherwise be charged for agency services. The waiver of fees must be confined to geographic
areas within counties included in the area designated under Presidential Declaration of Major Disaster, DR1212, whether
included in the original declaration or added later by federal government action and for the minimum periods of times
necessary to deal with the emergency situation. The agency must promptly report the reasons for and the impact of any
suspended fees to the chairs of the legislative committees that oversee the policy and budgetary affairs of the agency. This
section expires January 15, 1999.
Sec. 11. [EARLY PAYMENT OF STATE AIDS.]
Notwithstanding Minnesota Statutes, sections 273.1398, subdivision 6, and 477A.015, the commissioner of revenue,
in consultation with the division of emergency management, shall make payments of homestead and agricultural credit aid
and local government aid as provided in this section to all qualified local units of government that the commissioner
determines have suffered financial hardship. As used in this section, "qualified local units of government" means counties,
home rule charter or statutory cities, and towns that suffered damage in the tornadoes and storms of March 29, 1998.
Payment of the homestead and agricultural credit aid and local government aid that would otherwise have been
payable on July 20, 1998, shall be made as soon as practicable after the date of final enactment of this act.
Sec. 12. [TORNADO DAMAGED SCHOOL RECONSTRUCTION.]
In order to expedite school reconstruction of school buildings destroyed by the tornadoes of March 29, 1998, the
affected school districts may enter into construction contracts, including but not limited to design-build, that the districts
determine to be in their best interests. Construction of these educational facilities is emergency construction and not subject
to competitive bid requirements of Minnesota Statutes, sections 123.37 and 471.345, or other law or charter or the
requirements of Minnesota Statutes, section 16B.335. The department of children, families, and learning shall notify the
chairs of the senate finance committees, the house ways and means committee, and the house capital investment committee
that the projects have been approved under review and comment and necessary contracts have been executed.
Sec. 13. [SOLID WASTE MANAGEMENT TAX WAIVER.]
Subdivision 1. [AUTHORITY TO WAIVE TAXES.] Notwithstanding any law to the contrary, the
commissioner of revenue may waive solid waste management taxes under Minnesota Statutes, chapter 297H, for construction
debris generated from repair and demolition activities in the area designated under Presidential Declaration of Major
Disaster, DR1212, whether included in the original declaration or added later by federal government action due to tornado
and other weather damage on March 29, 1998, and disposed of in a waste management facility designated by the
commissioner of the pollution control agency. The commissioner of revenue's authority under this section to waive the taxes
expires for waste transported to the designated facilities after March 31, 1999.
Subd. 2. [RETROACTIVE EFFECT.] Notwithstanding other laws, this section is effective retroactive to
March 29, 1998.
Sec. 14. [WAITING WEEK WAIVER.]
The waiting week requirement under Minnesota Statutes, section 268.08, subdivision 1, clause (3), does not apply
to persons who became unemployed and filed an application for reemployment insurance benefits as a direct result of the
March 29, 1998, tornado and resulting storm damage.
Sec. 15. [COMMERCIAL VEHICLE WAIVER.]
The registration requirements of Minnesota Statutes, sections 168.181, 168.183, 168.187, and 169.79; the inspections
requirements of sections 169.781 and 169.782; and the size and weight requirements of sections 169.80, 169.81, 169.825,
169.87, and chapters 221 and 296 do not apply to commercial vehicles that are involved in the cleanup of damage or
assistance for the area damaged by the March 29, 1998, tornado.
Sec. 16. [WAIVER OF HUMAN SERVICES STATUTES.]
(a) In response to the immediate and long-term effects on individuals and public and private entities of the severe
conditions of March 29, 1998, tornado, the commissioner of human services may waive or grant variances to provisions in
Minnesota Statutes, chapters 245A, 252, 256, 256B, 256D, 256E, 256G, 256I, 257, 259, 260, 518, and 626 governing:
the transference of funds between grant accounts; rate setting or other funding requirements or limits for specific services;
documentation or reporting requirements; licensing requirements; payments, including MinnesotaCare premiums; emergency
assistance time limits; general assistance citizenship requirements for student residents; restrictions on receipt of
emergency general assistance by MFIP-S recipients; and other administrative procedures as needed to ensure timely and
continuous service to persons receiving or eligible to receive services administered by the commissioner or by the counties
under supervision of the commissioner. In granting a waiver or variance, the commissioner shall consider the impact on the
health and safety of vulnerable persons. Waivers or variances may be restricted to specific geographical areas and specific
time periods.
(b) The commissioner shall notify the chairs of the senate health and family security committee, health and family
security budget division, human resources finance committee, the house health and human services committee, health and
human services finance division, and ways and means committee ten days prior to the effective date of any waiver or variance
granted under paragraph (a).
(c) The appeal rights of applicants for, or recipients of, public assistance or a program of social services under
Minnesota Statutes, section 256.045, are not affected by this provision. Counties and other services providers do not have
a right to appeal the commissioner's decision on whether to waive or grant a variance from a statute under this provision.
(d) Expenditures under the waivers or variances must not exceed the total appropriation for the commissioner,
including any special appropriations for tornado relief. The commissioner shall issue a summary to the chairs of the senate
human resources finance and house ways and means committees by January 15, 1999, regarding variances and waivers
granted under the terms under this provision.
Sec. 17. [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER PERIODS.]
The commissioner of children, families, and learning may waive requirements under Minnesota Statutes, chapter
119B, for up to nine months in areas where a federal disaster has been declared under United States Code, title 42, section
5121, et seq., or the governor has exercised authority under Minnesota Statutes, chapter 12.
Sec. 18. [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER PERIODS.]
The commissioner of children, families, and learning may waive requirements under Minnesota Statutes, section
268.38, for up to nine months for grantees in areas where a federal disaster has been declared under United States Code, title
42, section 5121, et seq., or the governor has exercised authority under Minnesota Statutes, chapter 12.
Sec. 19. [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER PERIODS.]
The commissioner of children, families, and learning may waive requirements under Minnesota Statutes, sections
268.912 to 268.916, for up to nine months for Head Start grantees in areas where a federal disaster has been declared under
United States Code, title 42, section 5121, et seq., or the governor has exercised authority under Minnesota Statutes, chapter
12.
Sec. 20. [WAIVER OF LIMITATION FOR FACILITY CHANGES.]
The limitation under Minnesota Statutes 1996, section 268.362, subdivision 1, paragraph (a), on the type of facilities
which may be rehabilitated, improved, or constructed as part of a work experience component to provide education and work
experience to targeted youth is waived and shall include low-income private residences, private businesses, municipal parks,
and other land areas impacted by the March 29, 1998, tornado disaster.
Sec. 21. [WAIVER ON DEFINITION OF AT-RISK YOUTH.]
The limitation on the definition of an at-risk youth under the Minnesota youth program, in Minnesota Statutes 1996,
section 268.56, subdivision 3, is waived to include a youth affected by the March 29, 1998, tornado disaster. The waiver
is effective until May 30, 1999.
Sec. 22. [NOTIFICATION.]
The commissioner of children, families, and learning shall notify the chairs of the senate health and family security
committee, health and family security budget division, human resources finance committee, the house health and human
services committee, health and human services finance division, and ways and means committee ten days prior to the
effective date of waiver or variance granted to respond to the March 29, 1998, tornado.
Sec. 23. [PROPERTY TAX ABATEMENTS; PROPERTY DAMAGED BY TORNADO.]
Subdivision 1. [AUTHORIZATION.] Notwithstanding the requirements of Minnesota Statutes, section
375.192, the county board of a qualified county may grant abatements of the full amount of taxes on eligible property for
taxes payable in 1998 as provided in this section. The owner of the property is not required to apply for the abatement.
Subd. 2. [DEFINITIONS.] (a) As used in this section, the terms defined in this subdivision have the
meanings given them.
(b) "Qualified county" means any county in the area designated under Presidential Declaration of Major Disaster,
DR1212, whether included in the original declaration or added later by federal government action.
(c) "Eligible property" means a parcel of taxable property located in a qualified county that contains a structure that
has been determined by the assessor to have lost over 50 percent of its estimated market value due to wind damage. In the
case of agricultural property, the abatement is limited to the taxes on the parcel attributable to the value of the house, garage,
and surrounding one acre, if the house has lost over 50 percent of its estimated market value, and the tax attributable to the
value of any farm buildings and structures that have lost over 50 percent of their estimated market value.
Subd. 3. [ASSESSORS' DUTIES.] As soon as practicable, local and county assessors in qualified counties
shall notify the county board and property owners of parcels of eligible property.
Sec. 24. [DISASTER AREA; DUE DATE EXTENDED FOR BUSINESS PROPERTY TAXES.]
(a) Notwithstanding Minnesota Statutes, section 279.01, subdivision 1, a penalty shall not accrue if (1) because of
a natural disaster, a taxpayer is unable to pay the first half of the payable 1998 property taxes on class 3a or 3b property,
classified under Minnesota Statutes, section 273.13, subdivision 24, located in an area designated under Presidential
Declaration of Major Disaster, DR1212, whether included in the original declaration or added later by federal government
action and (2) the taxpayer pays the first half of the payable 1998 taxes by October 15, 1998.
(b) If the first one-half payment is paid after October 15, 1998, then all penalties that would have occurred on the due
date under Minnesota Statutes, section 279.01, subdivision 1, shall be charged on the amount of the unpaid tax.
(c) The property taxpayer shall attach to the payment a statement that the property is located in the disaster area and
qualified for an extension under this section.
Sec. 25. [DELAY OF FINANCIAL REPORT FILING; DISASTER AREAS.]
For any city or town located in whole or in part in the area designated under Presidential Declaration of Major
Disaster, DR1212, whether included in the original declaration or added later by federal government action, the deadline
by which financial reports are required to be filed under Minnesota Statutes, section 471.697 or 471.698, is extended by 90
days.
Sec. 26. [FISCAL YEAR 1998 AVERAGE DAILY MEMBERSHIP.]
Notwithstanding Minnesota Statutes, section 124.17, the fiscal year 1998 average daily membership for a school
building closed due to tornado damage for part of the school year and reopened before the end of the school year shall be
the greater of the amount that would have been computed if the school building had not reopened or the amount computed
using actual data for the entire school year.
Sec. 27. [FISCAL YEARS 1999 AND 2000 DECLINING PUPIL UNIT AID.]
For fiscal years 1999 and 2000 only, a school district with one or more school buildings closed during the 1997-1998
school year due to tornado damage is eligible for declining pupil unit aid equal to the greater of zero or the product of the
general education formula allowance for fiscal year 1999 or fiscal year 2000 times the difference between the district's actual
pupil units for fiscal year 1998 and the district's actual pupil units for fiscal year 1999 or fiscal year 2000.
Sec. 28. [SCHOOL DISTRICT AVERAGE DAILY MEMBERSHIP.]
For fiscal years 1999 and 2000, the commissioner of children, families, and learning may adjust school district average
daily membership data calculated under Minnesota Statutes, section 124.17, for those school districts affected by the
March 29, 1998, tornado for students who have not yet returned to their resident school districts because school facilities
or homes are not available for occupancy.
Sec. 29. [TEMPORARY AUTHORITY TO SUSPEND RULES.]
Notwithstanding any law to the contrary, for fiscal years 1998 and 1999, an agency with the approval of the governor,
may temporarily suspend specific agency rules because of the effects of the March 29, 1998, tornadoes. The suspension of
rules must be confined to geographic areas affected within counties located in the area designated under Presidential
Declaration of Major Disaster, DR1212, whether included in the original declaration or added later by federal government
action, and to the minimum periods of time necessary to deal with the emergency situation. The agency must promptly report
the reasons for and the impact of any suspended rules to the chairs of the legislative committees that oversee the policy and
budgetary affairs of the agency and to the chairs of the legislative committees on governmental operations. This section
expires January 15, 1999.
Sec. 30. [FEDERAL FUNDS.]
State agencies may apply for any federal funds available for tornado relief. Notwithstanding Minnesota Statutes,
section 3.3005, the commissioner of finance may submit the request to receive and spend federal funds to the legislative
advisory commission required under Minnesota Statutes, section 3.3005, any time after the application is made for those
funds. If a recommendation is not made within five days, no further review by the legislative advisory commission is
required, and the commissioner shall approve or disapprove the request. If a recommendation is made for further review,
the commissioner may proceed according to Minnesota Statutes, section 3.3005, subdivision 5. This section expires
January 15, 1999.
Sec. 31. [TORNADO DAMAGES; STATE EMPLOYEE VACATION DONATION.]
Subdivision 1. [DONATION OF VACATION TIME.] A state employee may donate up to 40 hours of
accrued vacation time, in addition to that donated under Minnesota Statutes, section 43A.181, in the biennium ending June
30, 1999, to the account established by subdivision 2. The employee must notify the employee's agency head of the amount
of accrued vacation time the employee wishes to donate. Vacation donations of more than 12 hours require the approval
of the agency head. The agency head shall determine the monetary value of the donated time, using the gross salary of the
employee making the donation. The agency head shall transfer that amount, less deductions for applicable taxes and
retirement contributions, to the account established by subdivision 2. A donation of accrued vacation time is irrevocable
once its monetary value has been transferred to the account.
Subd. 2. [TORNADO DISASTER BENEFIT ACCOUNT.] The tornado disaster benefit account, consisting
of money transferred under subdivision 1, is administered by the commissioner of employee relations. Money in the account
is appropriated to the commissioner for purposes of this section.
Subd. 3. [USE OF ACCOUNT ASSETS.] Expenditures from the account established by subdivision 2 must
be used to assist needy families and individuals affected by the tornadoes occurring on March 29, 1998. The commissioner
must consult with charitable organizations in targeting the money appropriately.
Subd. 4. [RECOVERY LEAVE BANK.] In the biennium ending June 30, 1999, a state employee may
donate up to 12 hours of accrued vacation time to a recovery leave bank administered by the commissioner of employee
relations. This donation is in addition to those permitted in subdivision 1 and Minnesota Statutes, sections 43A.181 and
43A.1815. The recovery leave bank is for the use of state employees who have been adversely affected by the tornadoes
occurring on March 29, 1998. The donating employee must notify the employee's agency head of the amount of accrued
vacation time the employee wishes to donate to the recovery leave bank. A donation of accrued vacation time is irrevocable
after the donor signs a donation request form. The agency head must transfer that vacation time to the recovery leave bank.
The commissioner must establish procedures for determining eligibility for receiving the time donated to the recovery leave
bank and other issues related to the administration of this program. These procedures must be established after consulting
with the exclusive representatives of affected employees and are not subject to the provisions of Minnesota Statutes, chapter
14. The commissioner must distribute all hours remaining in the recovery leave bank at the end of the biennium to the sick
leave balances of those employees eligible to receive donated time under the provisions of Minnesota Statutes, section
43A.1815.
Sec. 32. [12.331] [LOCAL ASSISTANCE BETWEEN POLITICAL SUBDIVISIONS.]
Subdivision 1. [AUTHORITY BETWEEN POLITICAL SUBDIVISIONS.] When the public interest
requires it because of an emergency, a political subdivision may request the assistance of another political subdivision. Upon
receiving such a request, a political subdivision, called the "sending political subdivision," may go to the assistance of the
requesting political subdivision, called the "receiving political subdivision." The receiving political subdivision may accept
and use the personnel, equipment, and supplies of the sending political subdivision as agreed upon by both political
subdivisions.
Subd. 2. [EFFECT.] Unless there is a written agreement between the political subdivisions establishing the
rules for conducting these activities, the provisions of paragraphs (a) to (d) shall apply while the political subdivisions are
engaged in the activities described in subdivision 1.
(a) For the purposes of workers' compensation insurance, the employees, officers, and members of the sending
political subdivision have the same powers, duties, rights, privileges, and immunities as if they were performing similar
services in the sending political subdivision and are considered to be acting within the scope of and in the course of their
regular employment, as employees of the sending political subdivision.
(b) For the purposes of chapter 466, the employees and officers of the sending political subdivision are deemed to
be employees, as defined in section 466.01, subdivision 6, of the receiving political subdivision.
(c) The sending political subdivision shall be responsible for any damages to its equipment.
(d) The receiving political subdivision shall reimburse the sending political subdivision for the supplies used and the
compensation paid to the officers and members of the forces furnished, during the time when the rendition of aid prevents
them from performing their duties in the sending political subdivision, and for the actual travel and maintenance expenses
of the officers and members while so engaged. A claim for loss, damage, or expense in using equipment or supplies or for
additional expenses incurred in operating or maintaining them must not be allowed unless within 90 days after the loss,
damage, or expense is sustained or incurred, an itemized notice of it, verified by an officer or employee of the municipality
having knowledge of the facts, is filed with the clerk of the receiving political subdivision.
Subd. 3. [TAX EXEMPTIONS.] (a) Any sales or transfers of materials or property under this section are
exempt from any taxes otherwise imposed under chapters 297A and 297B.
(b) Any sales or transfers of materials or property by the state or its agencies and instrumentalities to a receiving
political subdivision under this section for use in relief efforts are exempt from any taxes otherwise imposed under chapters
297A and 297B.
Subd. 4. [RETROACTIVE EFFECT.] Notwithstanding other laws this section is effective retroactive to
March 29, 1998.
Sec. 33. Minnesota Statutes 1996, section 16A.152, is amended by adding a subdivision to read:
Subd. 2a. [ADDITIONAL REVENUES; PRIORITY.] If on the basis of a forecast of general fund revenues
and expenditures in 1998 after November 1, 1998, the commissioner of finance determines that there will be a positive
unrestricted budgetary general fund balance at the close of the biennium, the commissioner of finance must allocate money
to the budget reserve to replace amounts appropriated in this act.
Sec. 34. Minnesota Statutes 1997 Supplement, section 41B.043, subdivision 2a, is amended to read:
Subd. 2a. [SNOW
Sec. 35. [41B.047] [DISASTER RECOVERY LOAN PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The authority shall establish and implement a disaster recovery loan
program to help farmers clean up, repair, or replace farm structures and septic and water systems, as well as replacement
of seed, other crop inputs, feed, and livestock.
Subd. 2. [REVOLVING FUND.] There is established in the state treasury a disaster recovery revolving fund
which is eligible to receive appropriations. All repayments of financial assistance granted under subdivision 1, including
principal and interest, must be deposited into this fund. Interest earned on money in the fund accrues to the fund, and money
in the fund is appropriated to the commissioner of agriculture for purposes of the disaster recovery loan program, including
costs incurred by the authority to establish and administer the program.
Subd. 3. [ELIGIBILITY.] To be eligible for this program, a borrower must:
(1) be a resident of Minnesota or a domestic family farm corporation or family farm partnership as defined in
section 500.24, subdivision 2;
(2) certify that the damage or loss was sustained within a county that was the subject of a state or federal disaster
declaration;
(3) demonstrate an ability to repay the loan;
(4) have a total net worth, including assets and liabilities of the borrower's spouse and dependents, of less than
$400,000; and
(5) have received at least 50 percent of average annual gross income from farming for the past three years.
Subd. 4. [LOANS.] (a) The authority may participate in a disaster recovery loan with an eligible lender to
a farmer who is eligible under subdivision 3. Participation is limited to 45 percent of the principal amount of the loan or
$50,000, whichever is less. The interest rates and repayment terms of the authority's participation interest may differ from
the interest rates and repayment terms of the lender's retained portion of the loan, but the authority's interest rate must not
exceed four percent.
(b) Standards for loan amortization shall be set by the rural finance authority not to exceed ten years.
(c) Loans under this program must not be included in the lifetime limitation calculated under section 41B.03,
subdivision 1.
(d) Security for the disaster recovery loans must be a personal note executed by the borrower and whatever other
security is required by the eligible lender or the authority.
(e) The authority may impose a reasonable nonrefundable application fee for a disaster recovery loan. The authority
may review the fee annually and make adjustments as necessary. The application fee is initially $50. Application fees
received by the authority must be deposited in the disaster recovery revolving fund.
(f) Disaster recovery loans under this program will be made using money in the disaster recovery revolving fund
established under subdivision 2.
Sec. 36. Minnesota Statutes 1997 Supplement, section 168.16, is amended to read:
168.16 [REFUNDS; APPROPRIATION.]
After the tax upon any motor vehicle shall have been paid for any year, refund shall be made for errors made in computing
the tax or fees and for the error on the part of an owner who may in error have registered a motor vehicle that was not before,
nor at the time of registration, nor at any time thereafter during the current past year, subject to tax in this state as provided
by section 168.012. Unless otherwise provided in this chapter, a claim for a refund of an overpayment of registration tax
must be filed within 3-1/2 years from the date of payment. The refundment shall be made from any fund in possession of
the registrar and shall be deducted from the registrar's monthly report to the commissioner of finance. A detailed report of
the refundment shall accompany the report. The former owner of a transferred vehicle by an assignment in writing endorsed
upon the registration certificate and delivered to the registrar within the time provided herein may sell and assign to the new
owner thereof the right to have the tax paid by the former owner accredited to the owner who duly registers the vehicle. Any
owner at the time of such occurrence, whose vehicle is declared by an insurance company to be a total loss due to flood
or tornado damage, permanently destroyed, or sold to the federal government, the state, or political subdivision
thereof, and any owner who sells a rental motor vehicle and transfers the license plates issued to that motor vehicle under
section 168.15, subdivision 3, shall upon filing a verified claim be entitled to a refund of the unused portion of the tax paid
upon the vehicle, computed as follows:
(1) if the vehicle is registered under the calendar year system of registration, the refund is computed pro rata by the
month, 1/12 of the annual tax paid for each month of the year remaining after the month in which the plates and certificate
were returned to the registrar;
(2) in the case of a vehicle registered under the monthly series system of registration, the amount of the refund is equal
to the sum of the amounts of the license fee attributable to those months remaining in the licensing period after the month
in which the plates and certificate were returned to the registrar.
There is hereby appropriated to the persons entitled to a refund, from the fund or account in the state treasury to which
the money was credited, an amount sufficient to make the refund and payment. Refunds under this section to licensed motor
vehicle lessors must be made annually in a manner the registrar determines.
Sec. 37. Minnesota Statutes 1997 Supplement, section 273.124, subdivision 14, is amended to read:
Subd. 14. [AGRICULTURAL HOMESTEADS; SPECIAL PROVISIONS.] (a) Real estate of less than ten acres that
is the homestead of its owner must be classified as class 2a under section 273.13, subdivision 23, paragraph (a), if:
(1) the parcel on which the house is located is contiguous on at least two sides to (i) agricultural land, (ii) land owned
or administered by the United States Fish and Wildlife Service, or (iii) land administered by the department of natural
resources on which in lieu taxes are paid under sections 477A.11 to 477A.14;
(2) its owner also owns a noncontiguous parcel of agricultural land that is at least 20 acres;
(3) the noncontiguous land is located not farther than two townships or cities, or a combination of townships or cities from
the homestead; and
(4) the agricultural use value of the noncontiguous land and farm buildings is equal to at least 50 percent of the market
value of the house, garage, and one acre of land.
Homesteads initially classified as class 2a under the provisions of this paragraph shall remain classified as class 2a,
irrespective of subsequent changes in the use of adjoining properties, as long as the homestead remains under the same
ownership, the owner owns a noncontiguous parcel of agricultural land that is at least 20 acres, and the agricultural use value
qualifies under clause (4).
(b) Except as provided in paragraph (d), noncontiguous land shall be included as part of a homestead under
section 273.13, subdivision 23, paragraph (a), only if the homestead is classified as class 2a and the detached land is located
in the same township or city, or not farther than two townships or cities or combination thereof from the homestead.
(c) Agricultural land used for purposes of a homestead and actively farmed by a person holding a vested remainder interest
in it must be classified as a homestead under section 273.13, subdivision 23, paragraph (a). If agricultural land is classified
class 2a, any other dwellings on the land used for purposes of a homestead by persons holding vested remainder interests
who are actively engaged in farming the property, and up to one acre of the land surrounding each homestead and reasonably
necessary for the use of the dwelling as a home, must also be assessed class 2a.
(d) Agricultural land and buildings that were class 2a homestead property under section 273.13, subdivision 23,
paragraph (a), for the 1997 assessment shall remain classified as agricultural homesteads for subsequent assessments if:
(1) the property owner abandoned the homestead dwelling located on the agricultural homestead as a result of the
April 1997 floods;
(2) the property is located in the county of Polk, Clay, Kittson, Marshall, Norman, or Wilkin;
(3) the agricultural land and buildings remain under the same ownership for the current assessment year as existed for
the 1997 assessment year;
(4) the dwelling occupied by the owner is located in Minnesota and is within 30 miles of one of the parcels of agricultural
land that is owned by the taxpayer; and
(5) the owner notifies the county assessor that the relocation was due to the 1997 floods, and the owner furnishes the
assessor any information deemed necessary by the assessor in verifying the change in homestead dwelling. For taxes payable
in 1998, the owner must notify the assessor by December 1, 1997.
(e) Agricultural land and buildings that were class 2a homestead property under section 273.13, subdivision 23,
paragraph (a), for the 1998 assessment shall remain classified as agricultural homesteads for subsequent assessments if:
(1) the property owner abandoned the homestead dwelling located on the agricultural homestead as a result of the
March 29, 1998, tornado;
(2) the property is located in the county of Blue Earth, Brown, Cottonwood, LeSueur, Nicollet, Nobles, or Rice;
(3) the agricultural land and buildings remain under the same ownership for the current assessment year as existed
for the 1998 assessment year;
(4) the dwelling occupied by the owner is located in Minnesota and is within 50 miles of one of the parcels of
agricultural land that is owned by the taxpayer; and
(5) the owner notifies the county assessor that the relocation was due to the March 29, 1998, tornado and the owner
furnishes the assessor any information deemed necessary by the assessor in verifying the change in homestead dwelling. For
taxes payable in 1999, the owner must notify the assessor by December 1, 1998.
Further notification to the assessor is not required if the property continues to meet all the requirements in this
paragraph and any dwelling on the agricultural land remain uninhabited.
Sec. 38. [EFFECTIVE DATE.]
Section 37 is effective for taxes levied in 1998, payable in 1999, and thereafter.
Except as otherwise provided in this act, this act is effective the day after its final enactment."
Amend the title accordingly
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 3869, A bill for an act relating to disaster relief; providing for flood loss replacement aid; extending the time
for which waivers of certain solid waste taxes relating to flood debris may be granted; authorizing waivers of solid waste
taxes relating to tornado debris; providing for loan guarantees; providing temporary local government aid increases;
exempting certain transfers from the sales tax and the sales tax on motor vehicles; authorizing certain extensions of time
relating to taxes for victims of tornadoes; providing for property tax relief for certain property damaged by tornado;
authorizing a special levy; authorizing certain assistance; appropriating money; amending Minnesota Statutes 1997
Supplement, section 275.70, subdivision 5; Laws 1997, chapter 105, section 3, as amended; proposing coding for new law
in Minnesota Statutes, chapter 273.
Reported the same back with the following amendments:
Page 7, lines 1, 17, and 20, delete "May 30" and insert "October 15"
Page 8, line 1, delete "$100,000" and insert "$150,000"
Page 11, line 21, delete "$. . . . . . ." and insert "$25,000"
Page 11, line 26, delete "$. . . . . . ." and insert "$475,000"
With the recommendation that when so amended the bill pass.
The report was adopted.
H. F. No. 3862 was read for the second time.
Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Johnson, R., moved that the rule therein
be suspended and an urgency be declared so that H. F. No. 3862 be given its third reading and be placed upon its final
passage. The motion prevailed.
Johnson, R., moved that the Rules of the House be so far suspended that H. F. No. 3862 be given its third reading and
be placed upon its final passage. The motion prevailed.
H. F. No. 3862, A bill for an act relating to public safety; providing for matching funds for federal disaster relief;
appropriating money.
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 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
OR, FLOOD, OR OTHER NATURALLY CAUSED DAMAGE.] A
prospective borrower applying for a loan participation through an eligible lender may refinance an existing debt in order to
repair or replace farm driveways, drainage ditches and tile lines, grassed waterways, or agricultural buildings damaged due
to snow or, flooding, or other weather-related causes.
SUSPENSION OF RULES
| Abrams | Erhardt | Juhnke | Marko | Pelowski | Tingelstad |
| Anderson, B. | Erickson | Kahn | McCollum | Peterson | Tomassoni |
| Anderson, I. | Evans | Kalis | McElroy | Pugh | Tompkins |
| Bakk | Farrell | Kelso | McGuire | Rest | Trimble |
| Bettermann | Finseth | Kielkucki | Milbert | Reuter | Tuma |
| Biernat | Folliard | Kinkel | Molnau | Rhodes | Tunheim |
| Bishop | Garcia | Knight | Mulder | Rifenberg | Van Dellen |
| Boudreau | Goodno | Knoblach | Mullery | Rostberg | Vandeveer |
| Bradley | Greenfield | Koskinen | Munger | Rukavina | Wagenius |
| Broecker | Greiling | Kraus | Murphy | Schumacher | Weaver |
| Carlson | Gunther | Krinkie | Ness | Seagren | Wejcman |
| Chaudhary | Haas | Kubly | Nornes | Seifert | Wenzel |
| Clark, J. | Harder | Kuisle | Olson, E. | Sekhon | Westfall |
| Clark, K. | Hasskamp | Larsen | Olson, M. | Skare | Westrom |
| Commers | Hausman | Leighton | Opatz | Skoglund | Winter |
| Daggett | Hilty | Leppik | Orfield | Slawik | Wolf |
| Davids | Holsten | Lieder | Osskopp | Smith | Workman |
| Dawkins | Huntley | Lindner | Osthoff | Solberg | Spk. Carruthers |
| Dehler | Jaros | Long | Otremba, M. | Stanek | |
| Delmont | Jefferson | Macklin | Ozment | Stang | |
| Dempsey | Jennings | Mahon | Paulsen | Sviggum | |
| Dorn | Johnson, A. | Mares | Pawlenty | Swenson, H. | |
| Entenza | Johnson, R. | Mariani | Paymar | Sykora | |
The bill was passed and its title agreed to.
H. F. No. 3869 was read for the second time.
The following House File was introduced:
Schumacher, Molnau and Juhnke introduced:
H. F. No. 3876, A bill for an act relating to transportation; modifying certain provisions relating to motor carriers of passengers; appropriating money; amending Minnesota Statutes 1996, sections 168.011, subdivision 35; 168.128, subdivision 3; 169.122, subdivision 5; 221.011, subdivisions 15, 21, and by adding a subdivision; 221.021; 221.031, subdivisions 1, 2, 3b, and 6; 221.0314, by adding a subdivision; 221.091; 221.124; 221.131, subdivision 2; 221.141, subdivision 1; 221.172, subdivision 10; 221.185, subdivisions 1, 3, and by adding a subdivision; 221.291, subdivision 4; and 221.55; proposing coding for new law in Minnesota Statutes, chapter 221; repealing Minnesota Statutes 1996, sections 168.011, subdivision 36; 168.1281; 221.011, subdivisions 20, 21, 32, and 34; 221.051; 221.121, subdivisions 6b and 6h; 221.172, subdivisions 4, 5, 6, 7, 8, and 9; 221.281; 221.84, subdivisions 2, 3, and 4; and 221.85; Minnesota Statutes 1997 Supplement, section 221.84, subdivision 1; Minnesota Rules, parts 8880.0100; 8880.0200; 8880.0300; 8880.0400; 8880.0500; 8880.0600; 8880.0700; 8880.0800; 8880.0900; 8880.1000; 8880.1100; 8880.1200; 8880.1300; and 8880.1400.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 3654, A bill for an act relating to utilities; modifying the membership of the legislative electric energy task force; requiring comprehensive study of electric industry restructuring; amending Minnesota Statutes 1997 Supplement, section 216C.051, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 216C.
The Senate has appointed as such committee:
Messrs. Novak; Johnson, D. H., and Scheevel.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:
S. F. No. 2592.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 2592, A bill for an act relating to transportation; authorizing advance payment when required by federal government for transportation project; permitting transfer or extinguishment of access rights; regulating snow fence easements, highway closures, and signs; providing payment for certain culverts; changing distributions from the highway user tax distribution fund; providing for the costs of town highways and bridges; permitting conveyances to public bodies; requiring owners to inventory and inspect certain bridges; providing for the revision of the state transportation plan; changing the scope of certain exemptions relating to motor carriers; regulating charges for air transportation services; modifying contractor bond requirements for certain transportation projects; authorizing conveyance of certain tax-forfeited and acquired land; making technical changes; removing a route from the trunk highway system; directing the metropolitan airports commission to convey certain land to the state; amending Minnesota Statutes 1996, sections 84.63; 117.21; 160.18, subdivision 1; 160.296, subdivision 1; 160.80, subdivision 1, and by adding a subdivision; 161.081, subdivision 1, and by adding a subdivision; 161.082, subdivisions 1 and 2a; 161.115, subdivisions 38 and 87; 161.44, subdivision 1; 162.081, subdivision 1; 165.03; 169.26, subdivision 1; 174.03, subdivisions 1a and 2; 174A.06; 221.025; 221.0314, subdivision 9a; 221.034, subdivisions 1 and 5; 222.63, subdivision 4; 270.077; 360.024; and 574.26, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 16B; repealing Minnesota Statutes 1996, section 161.115, subdivision 57.
The bill was read for the first time.
Wagenius moved that S. F. No. 2592 and H. F. No. 2589 now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
McCollum moved that the bills on General Orders for today be continued. The motion prevailed.
Knight moved that his name be stricken as an author on H. F. No. 1473. The motion prevailed.
Otremba, M., moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, April 3, 1998, when the vote was taken on the repassage of H. F. No. 2708, as amended by Conference." The motion prevailed.
Koskinen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, April 3, 1998, when the vote was taken on the repassage of S. F. No. 2256, as amended by Conference." The motion prevailed.
Koskinen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, April 3, 1998, when the vote was taken on the repassage of S. F. No. 2586, as amended by Conference." The motion prevailed.
McCollum moved that when the House adjourns today it adjourn until 10:00 a.m., Tuesday, April 7, 1998. The motion prevailed.
McCollum moved that the House adjourn. The motion prevailed, and Speaker pro tempore Opatz declared the House stands adjourned until 10:00 a.m., Tuesday, April 7, 1998.
Edward A. Burdick, Chief Clerk, House of Representatives