Journal of the House - 34th Day - Top of Page 1791

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

THIRTY-FOURTH DAY

Saint Paul, Minnesota, Tuesday, April 8, 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 Dr. John De Salvo, Director of Religious Education, St. Margaret Mary Church, Golden Valley, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Bakk and Wenzel were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Westfall 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 - 34th Day - Top of Page 1792

REPORTS OF CHIEF CLERK

S. F. No. 1255 and H. F. No. 1463, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Mahon moved that S. F. No. 1255 be substituted for H. F. No. 1463 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 176, A bill for an act relating to civil actions; limiting liability for injury related to certain food donations to the state and political subdivisions; amending Minnesota Statutes 1996, section 604A.10, subdivision 2.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 185, A bill for an act relating to human services; modifying child welfare programs and children's mental health collaboratives; providing for privatization of adoption services for children under state guardianship; establishing pilot projects; appropriating money; amending Minnesota Statutes 1996, sections 245.4882, subdivision 5; 245.493, subdivision 1, and by adding a subdivision; 256.01, subdivision 2, and by adding a subdivision; 256.045, subdivisions 3, 3b, 4, 5, and 8; 256.82, by adding a subdivision; 393.07, subdivision 2; 466.01, subdivision 1; 471.59, subdivision 11; 517.08, subdivision 1c; 626.558, subdivisions 1 and 2; and 626.559, subdivision 5.

Reported the same back with the following amendments:

Page 5, line 32, after "representative" insert ", or the commissioner has evidence that the county's rate of placing these children continues to be substantially below that of other counties"

Page 11, line 14, after "626.556" insert ", after the individual or facility has exercised the right to administrative reconsideration under section 626.556"

Page 14, line 9, after "626.557" insert "that is not otherwise accessible under section 13.04"

Page 14, line 11, after "data" insert "obtained by subpoena in a hearing under subdivision 3, paragraph (a), clause (4) or (8),"

Page 19, line 33, delete "one county, one" and insert "counties,"

Page 19, line 34, delete "district" and insert "districts" and delete "one" and delete "entity" and insert "entities"

Page 20, line 4, delete "entity" and insert "entities"

Page 20, line 5, delete "governmental"

Page 20, delete section 15


Journal of the House - 34th Day - Top of Page 1793

Page 20, after line 23, insert:

"Sec. 15. Minnesota Statutes 1996, section 626.556, subdivision 10b, is amended to read:

Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN A FACILITY.] (a) The commissioner shall immediately investigate if the report alleges that:

(1) a child who is in the care of a facility as defined in subdivision 2 is neglected, physically abused, or sexually abused by an individual in that facility, or has been so neglected or abused by an individual in that facility within the three years preceding the report; or

(2) a child was neglected, physically abused, or sexually abused by an individual in a facility defined in subdivision 2, while in the care of that facility within the three years preceding the report.

The commissioner shall arrange for the transmittal to the commissioner of reports received by local agencies and may delegate to a local welfare agency the duty to investigate reports. In conducting an investigation under this section, the commissioner has the powers and duties specified for local welfare agencies under this section. The commissioner or local welfare agency may interview any children who are or have been in the care of a facility under investigation and their parents, guardians, or legal custodians.

(b) Prior to any interview, the commissioner or local welfare agency shall notify the parent, guardian, or legal custodian of a child who will be interviewed in the manner provided for in subdivision 10d, paragraph (a). If reasonable efforts to reach the parent, guardian, or legal custodian of a child in an out-of-home placement have failed, the child may be interviewed if there is reason to believe the interview is necessary to protect the child or other children in the facility. The commissioner or local agency must provide the information required in this subdivision to the parent, guardian, or legal custodian of a child interviewed without parental notification as soon as possible after the interview. When the investigation is completed, any parent, guardian, or legal custodian notified under this subdivision shall receive the written memorandum provided for in subdivision 10d, paragraph (c).

(c) In conducting investigations under this subdivision the commissioner or local welfare agency shall obtain access to information consistent with subdivision 10, paragraphs (h), (i), and (j).

(d) Except for foster care and family child care, the commissioner has the primary responsibility for the investigations and notifications required under subdivisions 10d and 10f for reports that allege maltreatment related to the care provided by or in facilities licensed by the commissioner. The commissioner may request assistance from the local social service agency.

Sec. 16. Minnesota Statutes 1996, section 626.556, subdivision 10d, is amended to read:

Subd. 10d. [NOTIFICATION OF NEGLECT OR ABUSE IN A FACILITY.] (a) When a report is received that alleges neglect, physical abuse, or sexual abuse of a child while in the care of a facility required to be licensed pursuant to sections 245A.01 to 245A.16 chapter 245A, the commissioner or local welfare agency investigating the report shall provide the following information to the parent, guardian, or legal custodian of a child alleged to have been neglected, physically abused, or sexually abused: the name of the facility; the fact that a report alleging neglect, physical abuse, or sexual abuse of a child in the facility has been received; the nature of the alleged neglect, physical abuse, or sexual abuse; that the agency is conducting an investigation; any protective or corrective measures being taken pending the outcome of the investigation; and that a written memorandum will be provided when the investigation is completed.

(b) The commissioner or local welfare agency may also provide the information in paragraph (a) to the parent, guardian, or legal custodian of any other child in the facility if the investigative agency knows or has reason to believe the alleged neglect, physical abuse, or sexual abuse has occurred. In determining whether to exercise this authority, the commissioner or local welfare agency shall consider the seriousness of the alleged neglect, physical abuse, or sexual abuse; the number of children allegedly neglected, physically abused, or sexually abused; the number of alleged perpetrators; and the length of the investigation. The facility shall be notified whenever this discretion is exercised.


Journal of the House - 34th Day - Top of Page 1794

(c) When the commissioner or local welfare agency has completed its investigation, every parent, guardian, or legal custodian notified of the investigation by the commissioner or local welfare agency shall be provided with the following information in a written memorandum: the name of the facility investigated; the nature of the alleged neglect, physical abuse, or sexual abuse; the investigator's name; a summary of the investigation findings; a statement whether maltreatment was found; and the protective or corrective measures that are being or will be taken. The memorandum shall be written in a manner that protects the identity of the reporter and the child and shall not contain the name, or to the extent possible, reveal the identity of the alleged perpetrator or of those interviewed during the investigation. The commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child in the facility if maltreatment is determined to exist.

Sec. 17. Minnesota Statutes 1996, section 626.556, subdivision 10e, is amended to read:

Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every assessment or investigation it conducts, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. When maltreatment is determined in an investigation involving a facility, the investigating agency shall also determine whether the facility or individual was responsible for the maltreatment using the mitigating factors in paragraph (d). Determinations under this subdivision must be made based on a preponderance of the evidence.

(a) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions committed by a person responsible for the child's care:

(1) physical abuse as defined in subdivision 2, paragraph (d);

(2) neglect as defined in subdivision 2, paragraph (c);

(3) sexual abuse as defined in subdivision 2, paragraph (a); or

(4) mental injury as defined in subdivision 2, paragraph (k).

(b) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment.

(c) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child.

(d) When determining whether the facility or individual is the responsible party for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were in accordance with, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility's compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual's participation in the training, the caregiver's supervision, and facility staffing levels and the scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising professional judgment.


Journal of the House - 34th Day - Top of Page 1795

Sec. 18. Minnesota Statutes 1996, section 626.556, subdivision 10f, is amended to read:

Subd. 10f. [NOTICE OF DETERMINATIONS.] Within ten working days of the conclusion of an assessment, the local welfare agency shall notify the parent or guardian of the child, the person determined to be maltreating the child, and if applicable, the director of the facility, of the determination and a summary of the specific reasons for the determination. The notice must also include a certification that the information collection procedures under subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to obtain access to other private data on the subject collected, created, or maintained under this section. In addition, the notice shall include the length of time that the records will be kept under subdivision 11c. When there is no determination of either maltreatment or a need for services, the notice shall also include the alleged perpetrator's right to have the records destroyed. The investigating agency shall notify the designee of the child who is the subject of the report, and any person or facility determined to have maltreated a child, of their appeal rights under this section.

Sec. 19. Minnesota Statutes 1996, section 626.556, is amended by adding a subdivision to read:

Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF THE FINAL DETERMINATION OF MALTREATMENT.] (a) An individual or facility that the commissioner or a local social service agency determines has maltreated a child, or the child's designee, regardless of the determination, who contests the investigating agency's final determination regarding maltreatment, may request the investigating agency to reconsider its final determination regarding maltreatment. The request for reconsideration must be submitted in writing to the investigating agency within 15 calendar days after receipt of notice of the final determination regarding maltreatment.

(b) If the investigating agency denies the request or fails to act upon the request within 15 calendar days after receiving the request for reconsideration, the person or facility entitled to a fair hearing under section 256.045 may submit to the commissioner of human services a written request for a hearing under that section.

(c) If, as a result of the reconsideration, the investigating agency changes the final determination of maltreatment, it shall notify the parties specified in subdivisions 10b, 10d, and 10f.

Sec. 20. Minnesota Statutes 1996, section 626.556, subdivision 11c, is amended to read:

Subd. 11c. [WELFARE, COURT SERVICES AGENCY, AND SCHOOL RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 138.17, records maintained or records derived from reports of abuse by local welfare agencies, court services agencies, or schools under this section shall be destroyed as provided in paragraphs (a) to (d) by the responsible authority.

(a) If upon assessment or investigation there is no determination of maltreatment or the need for child protective services, the records may be maintained for a period of four years. After the individual alleged to have maltreated a child is notified under subdivision 10f of the determinations at the conclusion of the assessment or investigation, upon that individual's request, records shall be destroyed within 30 days or after the appeal rights under subdivision 10i have been concluded, whichever is later.

(b) All records relating to reports which, upon assessment or investigation, indicate either maltreatment or a need for child protective services shall be maintained for at least ten years after the date of the final entry in the case record.

(c) All records regarding a report of maltreatment, including any notification of intent to interview which was received by a school under subdivision 10, paragraph (d), shall be destroyed by the school when ordered to do so by the agency conducting the assessment or investigation. The agency shall order the destruction of the notification when other records relating to the report under investigation or assessment are destroyed under this subdivision.

(d) Private or confidential data released to a court services agency under subdivision 10h must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision."

Page 22, delete section 19


Journal of the House - 34th Day - Top of Page 1796

Page 22, after line 21, insert:

"Sec. 25. [UNIFORM CONTRIBUTION SCHEDULE FOR OUT-OF-HOME PLACEMENT; REPORT.]

The commissioner of human services shall prepare recommendations and report to the 1998 legislature regarding a uniform relative contribution schedule to reimburse costs associated with out-of-home placement. The commissioner shall use the child support guidelines in Minnesota Statutes, chapter 518, as the basis for the uniform contribution schedule. The recommendations and report are due December 1, 1997."

Renumber the sections in sequence

Correct internal references

Amend the title accordingly

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 209, A bill for an act relating to human services; changing provisions for placement of children; amending Minnesota Statutes 1996, sections 257.071, subdivisions 1a and 7; 257.072, subdivisions 1, 2, 3, 4, 7, and 9; 259.29; 259.57, subdivision 2; 259.77; 260.181, subdivision 3; and 260.191, subdivision 1a.

Reported the same back with the following amendments:

Page 6, line 9, reinstate "(a)"

Page 6, lines 21 to 26, reinstate the stricken language

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. 276, A bill for an act relating to natural resources; restricting authority to issue public waters work permits for floating structures; amending Minnesota Statutes 1996, section 103G.245, subdivision 4.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 103G.245, subdivision 4, is amended to read:

Subd. 4. [STRUCTURES IN OR ADJACENT TO PUBLIC WATERS OUTSIDE CITIES.] (a) The following definitions apply to this subdivision:

(1) "boathouse" means a floating structure that is moored by spuds, cables, ropes, anchors, or chains that may be intended for habitation and has walls, a roof, and either an open well for boats or a floor from wall to wall and does not include houseboats; and


Journal of the House - 34th Day - Top of Page 1797

(2) "houseboat" means a motorboat that has either a pontoon or a flat-bottomed hull configuration, and a permanent enclosed superstructure housing, at a minimum, built-in sleeping, cooking, and toilet facilities.

(b) The commissioner, subject to the approval of the county board, may grant and prescribe terms and conditions for granting public waters work permits to establish, construct, maintain, and control wharves, docks, piers, levees, breakwaters, basins, canals, and hangars in or adjacent to public waters of the state, except within the corporate limits of a municipality.

(c) Boathouses are prohibited on public waters of Minnesota, except as allowed by paragraph (d).

(d) The commissioner may issue a public waters work permit for boathouses only:

(1) in areas of historic use for such structures, as determined by the commissioner;

(2) when approved by the local government unit; and

(3) where the boathouse is in existence on public waters prior to January 1, 1997.

(e) A boathouse in existence on public waters prior to January 1, 1997, may be repaired or replaced, provided that the repairs or replacement are consistent with the permit issued by the commissioner under paragraph (d).

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective July 1, 1997."

Delete the title and insert:

"A bill for an act relating to natural resources; requiring public waters work permits for boathouses; providing authority to issue public waters work permits for boathouses to the commissioner of natural resources; amending Minnesota Statutes 1996, section 103G.245, subdivision 4."

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. 503, A bill for an act relating to natural resources; creating a beaver damage control board; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103E.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [17.110] [BEAVER DAMAGE CONTROL GRANTS.]

Subdivision 1. [ESTABLISHMENT.] The commissioner of agriculture shall establish a beaver damage control grant program to provide grants for the control of beaver activities causing damage to public waters, roads, and ditches and adjacent private property. The grants may only be made to a joint powers board established under section 471.59 by two or more governmental units and may include Indian tribal governments.

Subd. 2. [GRANT AMOUNT.] The commissioner may provide up to 50 percent of the costs of implementing a beaver damage control program by a joint powers board.


Journal of the House - 34th Day - Top of Page 1798

Subd. 3. [AWARDING OF GRANTS.] Applications for grants must be made to the commissioner on forms prescribed by the commissioner. The commissioner shall consult with town supervisors and county commissioners representing different areas of the state in developing the application form. A joint powers board seeking a grant may be required to supply information on the beaver control program it has adopted, the extent of the problem in the geographic area covered by the joint powers agreement, and the ability of the joint powers board to match the state grant. The commissioner may prioritize the grant applications based upon the information requested as part of the grant application.

Subd. 4. [REPORT.] (a) Within one year after receiving a grant under this section, a joint powers board must report to the commissioner on the board's efforts to control beaver in the area.

(b) The commissioner shall report to the senate and house environment and natural resources committees on the efforts under this section to control beaver by December 15 of each even-numbered year.

Sec. 2. Minnesota Statutes 1996, section 97B.667, is amended to read:

97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD AUTHORITIES.]

When a drainage watercourse is impaired by a beaver dam and the water damages or threatens to damage a public road, the road authority, as defined in section 160.02, subdivision 9, may remove the impairment and any associated beaver lodge within 300 feet of the road, if the commissioner approves."

Delete the title and insert:

"A bill for an act relating to natural resources; creating a beaver damage control program; eliminating required approval by the commissioner of natural resources for removal of a beaver dam by a road authority; amending Minnesota Statutes 1996, section 97B.667; proposing coding for new law in Minnesota Statutes, chapter 17."

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

The report was adopted.

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

H. F. No. 544, A bill for an act relating to community development; providing partial funding for moving a steam plant away from the Mississippi river; appropriating money.

Reported the same back with the following amendments:

Page 1, line 8, before "$6,000,000" insert "(a)"

Page 1, line 16, after the period, insert:

"(b)"

Page 1, line 21, after the period, insert "In addition, the grant may only be made if the city of Minneapolis certifies to the commissioner that the city agrees:

(1) to be responsible for one-half of all costs reasonably incurred by the university in relocating the current steam plant, in excess of the grant and in excess of the amount the university has budgeted for expanding and enhancing the current steam plant to allow for fuel flexibility; and

(2) to reimburse the university for one-half of all additional fuel costs incurred by the university which are caused by an interruption in the supply of natural gas to the university's relocated steam plant."


Journal of the House - 34th Day - Top of Page 1799

Page 1, after line 24, insert:

"Sec. 2. [MISSISSIPPI RIVER CRITICAL AREA; PROHIBITION.]

No person shall construct a steam plant capable of burning coal or petroleum coke as its primary fuel source within the area designated as the Mississippi river critical area established by the legislature under Minnesota Statutes, section 116G.15, and as the Mississippi National River and Recreation Area by the United States Congress under United States Code, title 16, section 460zz-2(k), that is located within the boundaries of Minneapolis and Saint Paul."

Page 2, line 1, delete "Section" and insert "Sections" and after "1" delete "is" and insert "and 2 are"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "prohibiting certain steam plants in the Mississippi river critical area;"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

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

Reported the same back with the following amendments:

Page 2, line 27, delete "whose parental rights to the"

Page 2, line 28, delete "child have not been terminated" and insert "who have court-ordered visitation rights"

Page 3, line 32, delete "whose parental rights are not terminated" and insert "who have court-ordered visitation rights"

Page 4, line 1, delete "whose parental rights were not terminated" and insert "who has court-ordered visitation rights"

Page 4, line 14, delete "whose"

Page 4, line 15, delete "parental rights to the child have not been terminated" and insert "who has court-ordered visitation rights"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 713, A bill for an act relating to public administration; modifying ownership restrictions for privatization of capital intensive public services; providing for the nonpublic status of internal competitive proposals; amending Minnesota Statutes 1996, sections 13.37; 471A.02, subdivisions 6, 11, and 13; and 471A.03, subdivision 3.

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

The report was adopted.


Journal of the House - 34th Day - Top of Page 1800

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

H. F. No. 723, A bill for an act relating to transportation; creating revolving loan accounts for trunk highways, county state-aid highways, and municipal state-aid streets; creating transportation revolving loan fund for federally eligible transportation projects, managed by public facilities authority; adding commissioner of transportation as member of the authority; creating transportation committee; providing for rulemaking; appropriating money; amending Minnesota Statutes 1996, sections 161.04, by adding a subdivision; 162.06, by adding a subdivision; 162.07, subdivision 1; 162.12, by adding a subdivision; 162.13, subdivision 1; 446A.03, subdivision 1; and 446A.04, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 162; and 446A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 161.04, is amended by adding a subdivision to read:

Subd. 3. [TRUNK HIGHWAY REVOLVING LOAN ACCOUNT.] A trunk highway revolving loan account is created in the trunk highway fund. Money in the account may be used to make loans. Funds in the trunk highway revolving loan account may not be used for any toll facilities project or congestion-pricing project and may be used only for trunk highway purposes and repayments and interest from loans of those funds must be credited to the trunk highway revolving loan account in the trunk highway fund. Money in the trunk highway revolving loan account is annually appropriated to the commissioner and does not lapse. Interest earned from investment of money in this account must be deposited in the trunk highway revolving loan account.

Sec. 2. Minnesota Statutes 1996, section 162.06, is amended by adding a subdivision to read:

Subd. 6. [COUNTY STATE-AID HIGHWAY REVOLVING LOAN ACCOUNT.] A county state-aid highway revolving loan account is created in the county state-aid highway fund. The commissioner may transfer to the account the amount allocated under section 162.065. Money in the account may be used to make loans. Funds in the county state-aid highway revolving loan account may be used only for aid in the construction, improvement, and maintenance of county state-aid highways. Funds in the account may not be used for any toll facilities project or congestion-pricing project. Repayments and interest from loans from the county state-aid highway revolving loan account must be credited to that account. Money in the account is annually appropriated to the commissioner and does not lapse. Interest earned from investment of money in this account must be deposited in the county state-aid highway revolving loan account.

Sec. 3. [162.065] [ALLOCATING MATCHING FUNDS FOR CSAH REVOLVING LOAN ACCOUNT.]

The screening board appointed under section 162.07, subdivision 5, may recommend to the commissioner that the commissioner allocate a portion of county state-aid highway funds to the county state-aid highway revolving loan account. The commissioner may allocate no more than the amount recommended by the screening board.

Sec. 4. Minnesota Statutes 1996, section 162.07, subdivision 1, is amended to read:

Subdivision 1. [FORMULA.] After deducting for administrative costs and for the disaster account and research account and state park roads as heretofore provided, and for any allocation made under section 162.065, the remainder of the total sum provided for in section 162.06, subdivision 1, shall be identified as the apportionment sum and shall be apportioned by the commissioner to the several counties on the basis of the needs of the counties as determined in accordance with the following formula:

(1) An amount equal to ten percent of the apportionment sum shall be apportioned equally among the 87 counties.

(2) An amount equal to ten percent of the apportionment sum shall be apportioned among the several counties so that each county shall receive of such amount the percentage that its motor vehicle registration for the calendar year preceding the one last past, determined by residence of registrants, bears to the total statewide motor vehicle registration.


Journal of the House - 34th Day - Top of Page 1801

(3) An amount equal to 30 percent of the apportionment sum shall be apportioned among the several counties so that each county shall receive of such amount the percentage that its total lane-miles of approved county state-aid highways bears to the total lane-miles of approved statewide county state-aid highways. In 1997 and subsequent years no county may receive, as a result of an apportionment under this clause based on lane-miles rather than miles of approved county state-aid highways, an apportionment that is less than its apportionment in 1996.

(4) An amount equal to 50 percent of the apportionment sum shall be apportioned among the several counties so that each county shall receive of such amount the percentage that its money needs bears to the sum of the money needs of all of the individual counties; provided, that the percentage of such amount that each county is to receive shall be adjusted so that each county shall receive in 1958 a total apportionment at least ten percent greater than its total 1956 apportionments from the state road and bridge fund; and provided further that those counties whose money needs are thus adjusted shall never receive a percentage of the apportionment sum less than the percentage that such county received in 1958.

Sec. 5. Minnesota Statutes 1996, section 162.12, is amended by adding a subdivision to read:

Subd. 5. [MUNICIPAL STATE-AID STREET REVOLVING LOAN ACCOUNT.] A municipal state-aid street revolving loan account is created in the municipal state-aid street fund. The commissioner may transfer to the account the amount allocated under section 162.125. Money in the account may be used to make loans. Funds in the municipal state-aid street revolving loan account may be used only for aid in the construction, improvement, and maintenance of municipal state-aid streets. Funds in the account may not be used for any toll facilities project or congestion-pricing project. Repayments and interest from loans from the municipal state-aid street revolving loan account must be credited to that account. Money in the account is annually appropriated to the commissioner and does not lapse. Interest earned from investment of money in this account must be deposited in the municipal state-aid street revolving loan account.

Sec. 6. [162.125] [ALLOCATING MATCHING FUNDS FOR MSAS REVOLVING LOAN ACCOUNT.]

The screening board appointed under section 162.13, subdivision 3, may recommend to the commissioner that the commissioner allocate a portion of municipal state-aid street funds to the municipal state-aid street revolving loan account. The commissioner may allocate no more than the amount recommended by the screening board.

Sec. 7. Minnesota Statutes 1996, section 162.13, subdivision 1, is amended to read:

Subdivision 1. [FACTORS IN FORMULA.] After deducting for administrative costs and for the disaster fund and research account as heretofore provided, and for any allocation made under section 162.125, the remainder of the total sum provided for in subdivision 1 of section 162.12 shall be identified as the apportionment sum, and shall be apportioned by the commissioner to the cities having a population of 5,000 or more, in accordance with the following formula:

(1) An amount equal to 50 percent of such apportionment sum shall be apportioned among the cities having a population of 5,000 or more so that each such city shall receive of such amount the percentage that its money needs bears to the total money needs of all such cities.

(2) An amount equal to 50 percent of such apportionment sum shall be apportioned among the cities having a population of 5,000 or more so that each such city shall receive of such amount the percentage that its population bears to the total population of all such cities.

Sec. 8. Minnesota Statutes 1996, section 446A.03, subdivision 1, is amended to read:

Subdivision 1. [MEMBERSHIP.] The Minnesota public facilities authority consists of the commissioner of trade and economic development, the commissioner of finance, the commissioner of the pollution control agency, the commissioner of agriculture, and the commissioner of health, and the commissioner of transportation.

Sec. 9. Minnesota Statutes 1996, section 446A.04, subdivision 5, is amended to read:

Subd. 5. [FEES.] (a) The authority may set and collect fees for costs incurred by the authority for audits, arbitrage accounting, and payment of fees charged by the state board of investment. The authority may also set and collect fees for costs incurred by the commissioner and, the pollution control agency, and the department of transportation, including costs


Journal of the House - 34th Day - Top of Page 1802

for personnel and administrative services, for its financings and the establishment and maintenance of reserve funds. Fees charged directly to borrowers upon executing a loan agreement must not exceed one-half of one percent of the loan amount. Servicing fees assessed to loan repayments must not exceed two percent of the loan repayment. The disposition of fees collected for costs incurred by the authority is governed by section 446A.11, subdivision 13. Fees collected under this subdivision for costs incurred by the commissioner or the pollution control agency must be credited to the general fund. Fees collected under this subdivision for costs incurred by the commissioner of transportation must be credited to the fund or account which is the source of the loan to which the fees are related.

(b) The authority shall annually report to the chairs of the finance and appropriations committees of the legislature on:

(1) the amount of fees collected under this subdivision for costs incurred by the authority;

(2) the purposes for which the fee proceeds have been spent; and

(3) the amount of any remaining balance of fee proceeds.

Sec. 10. [446A.085] [TRANSPORTATION REVOLVING LOAN FUND.]

Subdivision 1. [DEFINITIONS.] For the purposes of this section, the terms defined in this subdivision have the meanings given them.

(a) [ACT.] "Act" means the National Highway System Designation Act of 1995, Public Law Number 104-59, as amended.

(b) [BORROWER.] "Borrower" means the state, counties, cities, and other governmental entities eligible under the act and state law to apply for and receive loans from the transportation revolving loan fund, the trunk highway revolving loan account, the county state-aid highway revolving loan account, and the municipal state-aid street revolving loan account.

(c) [DEPARTMENT.] "Department" means the department of transportation.

(d) [LOAN.] "Loan" means financial assistance provided for all or part of the cost of a project including money disbursed in anticipation of reimbursement or repayment, loan guarantees, lines of credit, credit enhancements, equipment financing leases, bond insurance, or other forms of financial assistance.

(e) [TRANSPORTATION COMMITTEE.] "Transportation committee" means a committee of the Minnesota public facilities authority consisting of the commissioner of the department of trade and economic development, the commissioner of finance, and the commissioner of transportation.

Subd. 2. [PURPOSE.] The purpose of the transportation revolving loan fund, the trunk highway revolving loan account, the county state-aid highway revolving loan account, and the municipal state-aid street revolving loan account is to provide loans and matching money for public transportation projects eligible for financing or aid under any federal act or program, including, without limitation, the study of the feasibility of construction, reconstruction, resurfacing, restoring, rehabilitation, or replacement of transportation facilities; acquisition of right-of-way; and maintenance, repair, improvement, or construction of city, town, county, or state highways, roads, streets, rights-of-way, bridges, tunnels, railroad-highway crossings, drainage structures, signs, guardrails, and protective structures used in connection with highways or transit projects. Enhancement items, including without limitation bicycle paths, ornamental lighting, and landscaping, are eligible for financing provided they are an integral part of overall project design and construction of a federal-aid highway. Money in the fund may not be used for any toll facilities project or congestion-pricing project.

Subd. 3. [ESTABLISHMENT OF FUND.] A transportation revolving loan fund is established to make loans for the purposes described in subdivision 2. A highway account is established in the fund for highway projects. A transit account is established in the fund for transit capital projects. The transportation revolving loan fund shall receive federal money under the act and money from any source other than the trunk highway fund, the county state-aid highway fund, and the municipal state-aid street fund. Money received under this section must be paid to the state treasurer and credited to the transportation revolving loan fund. Money in the fund is annually appropriated to the commissioner and does not lapse. The fund must be credited with investment income, and with repayments of principal and interest, except for servicing fees assessed under sections 446A.04, subdivision 5, and 446A.11, subdivision 8.


Journal of the House - 34th Day - Top of Page 1803

Subd. 4. [MANAGEMENT OF FUND AND ACCOUNTS.] The authority shall manage and administer the transportation revolving loan fund, the trunk highway revolving loan account, the county state-aid highway revolving loan account, and the municipal state-aid street revolving loan account. For those purposes, the authority may exercise all powers provided in this chapter.

Subd. 5. [TRANSFER OF MONEY.] With the consent of the transportation committee, the commissioner of transportation may transfer money from the trunk highway revolving loan account to the trunk highway fund, from the county state-aid highway revolving loan account to the county state-aid highway fund, and from the municipal state-aid street revolving loan account to the municipal state-aid street fund.

Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation committee may make loans to borrowers for purposes authorized by the act. Each project must be certified by the commissioner of transportation before its consideration by the transportation committee.

Subd. 7. [APPLICATIONS.] Applicants for loans must submit an application to the transportation committee on forms prescribed by the transportation committee. The applicant must provide the following information:

(1) the estimated cost of the project and the amount of the loan sought;

(2) other possible sources of funding in addition to loans sought from the transportation revolving loan fund, the trunk highway revolving loan account, the county state-aid highway revolving loan account, or the municipal state-aid street revolving loan account;

(3) the proposed methods and sources of funds to be used for repayment of loans received; and

(4) information showing the financial status and ability of the borrower to repay loans.

Subd. 8. [CERTIFICATION OF PROJECTS.] In addition to criteria prescribed by rule, the commissioner of transportation shall consider the following information when evaluating projects to certify for funding to the transportation committee:

(1) a description of the nature and purpose of the proposed transportation project including an explanation of the need for the project and the reasons why it is in the public interest;

(2) the relationship of the project to the area transportation improvement program, the approved statewide transportation improvement program, and to any other transportation plans required under state or federal law;

(3) the estimated cost of the project and the amount of loans sought;

(4) proposed sources of funding in addition to loans sought from the transportation revolving loan fund, the trunk highway revolving loan account, the county state-aid highway revolving loan account, or municipal state-aid street revolving loan account;

(5) the need for the project as part of the overall transportation system;

(6) the overall economic impact of the project; and

(7) the extent to which completion of the project will improve the movement of people and freight.

Subd. 9. [LOAN CONDITIONS.] When making loans from the transportation revolving loan fund, the trunk highway revolving loan account, the county state-aid highway revolving loan account, or the municipal state-aid street revolving loan account, the transportation committee shall comply with the conditions of the act. In addition, a loan made under this section must:

(1) bear interest at or below market rates or as otherwise specified in federal law;

(2) have a repayment term not longer than 30 years;


Journal of the House - 34th Day - Top of Page 1804

(3) be fully amortized no later than 30 years after project completion;

(4) be subject to repayment of principal and interest beginning not later than five years after the facility financed with a loan has been completed, or in the case of a highway project, five years after the facility has opened to traffic; and

(5) be made only after all federal environmental requirements applicable to the project have been complied with and all federal environmental requirements have been met.

Subd. 10. [LOANS IN ANTICIPATION OF FUTURE APPORTIONMENTS.] A loan may be made to a county, or to a statutory or home rule charter city having a population of 5,000 or more, in anticipation of repayment of the loan from sums that will be apportioned to a county from the county state-aid highway fund under section 162.07 or to a city from the municipal state-aid street fund under section 162.14.

Subd. 11. [PAYMENT BY COUNTY OR CITY.] Notwithstanding the allocation provisions of section 162.08 for counties, and the apportionment provisions of section 162.14 for cities, sums apportioned under section 162.13 to a statutory or home rule charter city, or under section 162.07 to a county, that has loan repayments due to the transportation revolving loan fund, the trunk highway revolving loan account, the county state-aid highway revolving loan account, or the municipal state-aid street revolving loan account shall be paid by the commissioner of transportation to the appropriate loan fund or account to offset the loan repayments that are due.

Subd. 12. [RULES OF TRANSPORTATION COMMITTEE AND AUTHORITY.] The commissioner of the department of trade and economic development shall adopt administrative rules specifying the procedures that will be used for the administration of the duties of the transportation committee and authority. The rules must include criteria, standards, and procedures that will be used for making loans, determining interest rates to be charged on loans, the amount of project financing to be provided, the collateral that will be required, the requirements for dedicated sources of revenue or income streams to ensure repayment of loans, the length of repayment terms, and other rules necessary to administer the loan program and manage the fund and the accounts described in subdivision 4. The commissioner of the department of trade and economic development may adopt exempt rules under section 14.386. Permanent rules must be adopted under chapter 14.

Subd. 13. [AUTHORITY AND RULES OF DEPARTMENT.] The commissioner of transportation shall establish, adopt rules for, and implement a program to identify, assist with the development of, and certify projects eligible for loans under the act to the transportation committee. The commissioner of transportation may adopt exempt rules under section 14.386 to administer the program, set criteria, standards, procedures, and priorities for certifying projects to the transportation committee and for other purposes necessary to implement the act. The commissioner of transportation must adopt permanent rules under chapter 14. Until rules are adopted by the commissioner of transportation, the commissioner of transportation may certify to the transportation committee any project that has been reviewed through an approved planning process that qualifies the project to be included in the statewide transportation program or amended into the statewide transportation improvement program.

Subd. 14. [JOINT RULES.] The commissioner of the department of trade and economic development and the commissioner of transportation may adopt a single set of rules.

Sec. 11. [EFFECTIVE DATE.]

(a) Sections 1, 8, and 9 are effective July 1, 1997. Sections 2 to 7 are effective six months after the effective date of an increase in the gasoline excise tax rate or vehicle registration tax rates. Section 10, subdivisions 1 to 11, are effective July 1, 1997. Section 10, subdivisions 12 to 14, are effective the day following final enactment.

(b) Notwithstanding paragraph (a), no provision of sections 1 to 10 may take effect until Minnesota has been notified by the United States Department of Transportation that it will be receiving a specific sum in federal funds that has been designated specifically for a state infrastructure bank."


Journal of the House - 34th Day - Top of Page 1805

Amend the title as follows:

Page 1, line 10, delete "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.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 741, A bill for an act relating to information policy; establishing a legislative task force to make recommendations on information policy issues; appropriating money.

Reported the same back with the following amendments:

Page 1, line 11, delete everything after the first "of" and insert a colon

Page 1, delete lines 12 and 13

Page 1, line 14, delete "of the house" and insert:

"(1) two members of the senate appointed by the subcommittee on committees of the committee on rules and administration;

(2) two members of the house of representatives appointed by the speaker;

(3) four members appointed by the governor;

(4) two nonlegislative members appointed by the committee on rules and administration of the senate; and

(5) two nonlegislative members appointed by the speaker of the house of representatives"

Page 1, line 14, after the period, insert paragraph coding

Page 2, after line 2, insert:

"(4) the advisability of changing the government data practices act under Minnesota Statutes, chapter 13, to remove barriers to integrated service delivery in order to allow interagency sharing of client information;"

Page 2, line 3, delete "(4)" and insert "(5)"

Page 2, line 5, delete "(5)" and insert "(6)"

Page 2, after line 6, insert:

"In its study of statutes under clause (1), the task force shall include an evaluation to determine whether any statutes are inconsistent or obsolete."

Page 2, line 9, delete "January 15, 1999" and insert "February 1, 1998"


Journal of the House - 34th Day - Top of Page 1806

Page 2, line 10, after the second period, insert "[SUPPORT.] The commissioner of administration and the director of the office of strategic and long-range planning shall provide staff and other support services to the task force. Legislative support to the task force must come from existing resources.

Subd. 4."

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

The report was adopted.

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

H. F. No. 745, A bill for an act relating to economic security; providing for the administration of certain employment and training services; proposing coding for new law in Minnesota Statutes, chapter 268.

Reported the same back with the following amendments:

Page 3, line 20, delete "or councils" and insert ", councils, or organizations"

Page 3, line 21, delete "or councils" and insert ", councils, or organizations"

Page 3, line 34, before the period, insert "and with the commissioner"

Page 4, line 4, before the comma, insert "and the commissioner"

Page 4, line 6, delete "center" and insert "service area"

Page 4, line 13, delete "a grant recipient" and insert "the recipients for local grants"

Page 4, line 14, after "local" insert "workforce service area"

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. 771, A bill for an act relating to economic development; modifying requirements of the contamination cleanup grant program; providing for redevelopment and job creation grants; appropriating money; amending Minnesota Statutes 1996, sections 116J.553, subdivision 2; and 116J.554, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 116J.

Reported the same back with the following amendments:

Page 4, line 3, delete everything after "grading" and insert a period

Page 4, delete line 4


Journal of the House - 34th Day - Top of Page 1807

Page 5, line 34, delete "and"

Page 6, line 3, after "line" insert "; and

(10) any specific commitments from the developer to construct improvements on the site"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

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

Reported the same back with the following amendments:

Page 1, delete section 1 and insert:

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

Subd. 32a. [BIRTH DEFECTS INFORMATION SYSTEM DATA.] Data in the birth defects information system maintained by the commissioner of health are classified in section 144.2217."

Page 2, line 15, before "The" insert "Upon consultation with the advisory committee identified in subdivision 6,"

Page 2, line 25, after "child" insert "and shall only be collected on individuals born on or after July 1, 1995, in the case of the pilot projects under subdivision 5, and otherwise on individuals born on or after July 1, 1997"

Page 3, line 2, delete "13.03" and insert "13.05, subdivision 7, for the cost of preparing summary data, as defined in section 13.02, subdivision 19"

Page 3, delete line 3

Page 3, after line 8, insert:

"Subd. 4. [NOTICE.] Within 30 days after making a determination to enter a case into the birth defects information system, the commissioner of health shall make a reasonable effort to notify the individual, or the individual's parent or guardian if the individual is a minor, that data on the individual has been entered into the system."

Renumber the remaining subdivisions in sequence

Page 3, line 25, delete "and"

Page 3, line 26, after "provider" insert ", parent of a child with a birth defect, and representative of an organization that advocates for disabled individuals"

Page 4, line 2, after "case" insert ", subject to the limitations in subdivision 6"

Page 4, line 9, after "case" insert ", subject to the limitations in subdivision 6"


Journal of the House - 34th Day - Top of Page 1808

Page 4, line 15, after "defects" insert ", subject to the limitations in subdivision 6"

Page 4, after line 16, insert:

"Subd. 4. [PATIENT CONSENT.] (a) For any release of health records to the commissioner under subdivision 1, 2, or 3, patient consent is not required pursuant to section 144.335, subdivision 3a, paragraph (a).

(b) For any release of health records when the commissioner contracts with an outside entity to conduct a study using data collected by the birth defects information system, the commissioner must comply with the requirements imposed on a provider under section 144.335, subdivision 3a, paragraph (d)."

Page 4, line 17, delete "4" and insert "5"

Page 4, line 19, after "section" insert ", in good faith,"

Page 4, after line 21, insert:

"Subd. 6. [RELIGIOUS ACCOMMODATION.] A parent or guardian of an infant with birth defects may refuse disclosure to the information system of the infant's name and identifying information on the grounds that such birth defect identification is contrary to the religious tenets and practices of the infant's parent or guardian."

Page 4, delete lines 24 to 30 and insert:

"All data on individuals, including the names and personal identifiers of persons who report under section 144.2216, created, collected, received, or maintained by the commissioner of health for the birth defects information system are health data as defined in section 13.38."

Page 4, delete lines 31 to 33

Page 4, line 36, before "Data" insert "If the commissioner of health obtains the prior consent of the individual, or the individual's parent or guardian if the individual is a minor,"

Page 5, line 3, delete "the state government" and insert ":

(1) the subject of the data is a resident of the other state;

(2) the agency in the other state is authorized under its state law to use the data solely for purposes consistent with sections 144.2215 to 144.2218; and

(3) the agency in the other state is required under its state law to maintain the privacy of the data."

Page 5, delete lines 4 to 7

Page 5, line 14, before the period, insert "if the commissioner of health obtains the prior consent of the individual" and delete everything after the period

Page 5, delete line 15

Renumber the sections in sequence

Correct internal references

Amend the title as follows:

Page 1, line 3, delete "providing criminal penalties;"


Journal of the House - 34th Day - Top of Page 1809

Page 1, line 5, delete "section" and insert "sections 13.99, by adding a subdivision; and"

Page 1, line 6, delete "chapters 13; and" and insert "chapter"

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. 913, A bill for an act relating to agriculture; providing an appropriation for livestock odor research; appropriating money.

Reported the same back with the following amendments:

Page 1, after line 4, insert:

"Section 1. Minnesota Statutes 1996, section 116.07, is amended by adding a subdivision to read:

Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT PERMITS.] If the pollution control agency or a county board receives an application for a permit for a livestock feedlot with an intended capacity of 500 animal units or more, the agency or board shall notify each owner of real property within three miles of the proposed livestock feedlot. The notice must specify the proposed size, location, and owner or manager of the livestock feedlot and must be made within 21 days of receipt of the application.

Sec. 2. [116.072] [LIVESTOCK ODOR.]

The pollution control agency must monitor and identify:

(1) potential livestock facility violations of the state ambient air quality standards for hydrogen sulfide, using a protocol for responding to citizen complaints regarding feedlot odor and its hydrogen sulfide component; and

(2) total sulfur gases and corresponding hydrogen sulfide levels using monitoring equipment that follows plumes and:

(i) ensures that livestock production facilities exceeding ambient hydrogen sulfide standards implement changes that result in compliance within 60 days of the determination that the operator is in violation of the standards, and includes monetary penalties and increased penalties for repeat violations; and

(ii) recovers the costs of the total reduced sulfur and hydrogen sulfide inspection and monitoring program from livestock production facilities that are determined to be in violation of state ambient air quality standards.

Sec. 3. [394.305] [NOTICE OF RESIDENTIAL DEVELOPMENT OF AGRICULTURAL LAND.]

If a county that has a comprehensive land use or zoning plan receives an application for a permit for a residential development of 12 or more units on land that has been used for agricultural purposes, the county board shall notify each owner of real property within three miles of the proposed residential development. The notice must specify the proposed size, location, and owner or developer of the residential development and must be made within 21 days of receipt of the application."

Page 1, line 5, delete "Section 1." and insert "Sec. 4." and delete "APPROPRIATION" and insert "APPROPRIATIONS"


Journal of the House - 34th Day - Top of Page 1810

Page 1, line 6, delete "(a) $400,000" and insert "Subdivision 1. $200,000"

Page 1, line 11, before the semicolon, insert ", with the odor rating to be determined using olfactometry"

Page 1, line 21, before the period, insert "and additives"

Page 1, delete line 24 and insert:

"Subd. 2. $200,000 is appropriated from the general fund to the University of Minnesota for research, development, and promotion of low-emission and low-energy alternative hog production systems and promotion of developed systems, including hoop houses, the Swedish model (Vastgotamodellen) for farrowing and feeder pig production, and pasture grazing and farrowing.

Subd. 3. The appropriations in this section are available until June 30, 1999.

Sec. 5. [REPEALER.]

Minnesota Rules, part 7009.0060, is repealed."

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "requiring notice of certain applications for livestock feedlot and residential development permits; requiring monitoring of livestock odor;"

Page 1, line 3, before the period, insert "; amending Minnesota Statutes 1996, section 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 116; and 394; repealing Minnesota Rules, part 7009.0060"

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

The report was adopted.

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

H. F. No. 1223, A bill for an act relating to motor vehicles; changing notice period relating to impounded vehicles in custody; amending Minnesota Statutes 1996, section 168B.06, subdivision 1.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1381, A bill for an act relating to liens; modifying certain provisions of the lien for veterinary services; amending Minnesota Statutes 1996, section 514.92, subdivisions 1, 1a, 3, and 5.

Reported the same back with the following amendments:

Page 1, line 10, reinstate the stricken language

Page 1, line 13, after the period, insert "Emergency"


Journal of the House - 34th Day - Top of Page 1811

Page 1, line 15, strike the second "and" and insert a comma and strike the period

Page 1, line 16, strike "Veterinary services also include" and insert ", and" and after "services" insert "that are"

Page 1, line 17, after the first comma, insert "to"

Page 1, line 18, strike "immediate" and strike "an" and insert "the" and after "animal" insert "or animals treated"

Page 1, line 25, after the period, insert "A lien does not include any veterinary services performed more than one year before the date on which the last item of the veterinary service is performed."

Page 2, after line 1, insert:

"Sec. 3. Minnesota Statutes 1996, section 514.92, subdivision 2, is amended to read:

Subd. 2. [LIEN STATEMENT.] (a) A lien statement must be verified and state:

(1) the name of the owner, or reputed owner, of the animals;

(2) the name of the person for whom the veterinary services were performed;

(3) the kind, number, and reasonable identification of animals treated;

(4) the dates when the veterinary services were begun and finished;

(5) the fraction of veterinary services performed which that were primarily for the purpose of protecting to protect human health, preventing to prevent the spread of animal diseases, or preserving to preserve the health of the animal or animals treated;

(6) the reasonable value of the veterinary services rendered, or the price contracted between the parties; and

(7) the name and address of the veterinarian claiming the lien.

(b) The provisions of section 514.74 relating to inaccuracies in lien statements apply to lien statements under this subdivision."

Page 2, after line 9, insert:

"Sec. 5. Minnesota Statutes 1996, section 514.92, subdivision 4, is amended to read:

Subd. 4. [PRIORITY OF LIEN.] (a) A perfected veterinarian's lien under this section has priority over other liens and security interests on the same animals to the extent the veterinary services were performed primarily for the purpose of protecting to protect human health, preventing to prevent the spread of animal diseases, or preserving to preserve the health of the animal or animals treated.

(b) A veterinarian's lien has priority over a security interest perfected before the veterinarian's lien only if the security interest is perfected after March 22, 1986.

(c) The priority among veterinarian's liens filed under this section is according to the first lien filed."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after "1a," insert "2," and after "3," insert "4,"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 34th Day - Top of Page 1812

Wenzel from the Committee on Agriculture to which was referred:

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

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

The report was adopted.

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

H. F. No. 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.

Reported the same back with the following amendments:

Page 1, line 11, after the first comma, insert "911 system and police and fire department"

Amend the title as follows:

Page 1, line 2, after "that" insert "certain"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

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.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1863, A bill for an act relating to agriculture; agricultural marketing and bargaining; requiring mediation and binding arbitration between agricultural processors and accredited agricultural producer associations; requiring checkoff fee collections by the processors; ensuring full payment for all acres contracted by processors; amending Minnesota Statutes


Journal of the House - 34th Day - Top of Page 1813

1996, sections 17.693, by adding a subdivision; 17.696, subdivision 1; 17.698; and 27.19, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 17; repealing Minnesota Statutes 1996, section 17.697.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [AGRICULTURAL MARKETING AND BARGAINING TASK FORCE.]

(a) The commissioner of agriculture shall establish an advisory task force to make recommendations on modifications to the agricultural marketing and bargaining law under Minnesota Statutes, sections 17.691 to 17.701. The task force must include recommendations on a system to resolve disputes between an accredited grower's association and a canning processor.

(b) The advisory task force shall be composed of:

(1) two representatives of accredited agricultural producer associations;

(2) one representative of a statewide farm organization;

(3) one representative of a statewide association representing growers and processors;

(4) four representatives of the food processing industry;

(5) one representative of a potato growers association;

(6) one representative with education and experience in mediation and arbitration;

(7) one representative of the department of trade and economic development;

(8) one representative from a higher education institution with education and experience in agricultural economics; and

(9) one representative of the commissioner of agriculture who will chair the task force.

(c) The commissioner shall coordinate the meetings of the advisory task force, provide staff support, and participate in the advisory task force meetings. Citizen members of the task force may be reimbursed for expenses as provided in Minnesota Statutes, section 15.059, subdivision 6.

(d) The commissioner shall prepare and submit a written report with recommendations for the legislature to the senate committee on agriculture and rural development and the house committee on agriculture by December 15, 1997.

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 agriculture; establishing task force to make recommendations on modifications to the agricultural marketing and bargaining law."

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

The report was adopted.


Journal of the House - 34th Day - Top of Page 1814

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

H. F. No. 1880, A bill for an act relating to reemployment compensation; providing less frequent payment schedules for certain employers; providing for noncharging of benefits in certain situations; proposing coding for new law in Minnesota Statutes, chapter 268.

Reported the same back with the following amendments:

Page 1, line 10, delete "Subdivision 1. [EMPLOYERS NOT CHARGED.]"

Page 2, delete lines 4 to 7

Page 2, line 16, delete "per employee"

Page 2, after line 21, insert:

"Sec. 3. [SUNSET.]

Section 1 expires July 1, 1999."

Page 2, line 22, delete "3" and insert "4"

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 2065, A bill for an act relating to animals; allowing veterinarians to dock horses; repealing requirements for the care of equine animals; repealing restrictions on clipped animals; changing dog house specifications; amending Minnesota Statutes 1996, sections 343.25; and 343.40, subdivision 2; repealing Minnesota Statutes 1996, sections 343.26; and 346.38.

Reported the same back with the following amendments:

Page 2, line 6, after the first "the" insert "season of the year and the"

Page 2, line 7, after "structure," insert "the structure must have a windbreak at" and delete "of the structure must be" and strike "covered" and delete "during"

Page 2, line 8, delete the new language and strike the old language

Page 2, line 9, strike everything before the period

Page 2, delete section 3

Amend the title as follows:

Page 1, line 3, delete everything after the semicolon

Page 1, delete line 4


Journal of the House - 34th Day - Top of Page 1815

Page 1, line 7, delete everything after "2"

Page 1, line 8, delete everything before the period

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

S. F. No. 145, A bill for an act relating to reemployment insurance; making technical and administrative changes; providing civil and criminal penalties; amending Minnesota Statutes 1996, sections 268.0111, by adding a subdivision; 268.022, subdivision 1; 268.04, subdivisions 5, 15, 17, 25, and by adding subdivisions; 268.06, subdivisions 1, 3a, 6, 8, 8a, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, and 31; 268.07, subdivisions 2, 3, 3a, and 3b; 268.071, subdivisions 3, 6, and 9; 268.08, subdivisions 1, 2, 3, 3a, 3b, 10, and by adding a subdivision; 268.09, subdivision 3, and by adding subdivisions; 268.101, subdivisions 2, 3, 4, and by adding a subdivision; 268.105; 268.11, subdivision 3; 268.12, subdivisions 8 and 9a; 268.121; 268.14, subdivision 1; 268.16, subdivision 2; 268.161, subdivisions 4, 6, and 7; 268.167; 268.18, subdivisions 1, 2, 3, 4, 6, and by adding a subdivision; and 268.21; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1996, sections 268.026; 268.04, subdivisions 8, 13, 14, 20, 21, 32, and 35; 268.06, subdivisions 2, 4, 5, 30, and 33; 268.073, subdivision 7; 268.09, subdivisions 1, 2, 4, 5, 6, 7, and 8; 268.12, subdivisions 2, 4, 5, 7, and 11; 268.14, subdivisions 3 and 4; 268.16, subdivision 8; 268.161, subdivision 3; 268.165; and 268.18, subdivision 5.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

S. F. No. 305, A bill for an act relating to civil actions; modifying and clarifying provisions governing lawsuits by prison inmates; amending Minnesota Statutes 1996, sections 244.035; and 563.02, subdivision 3.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

S. F. No. 323, A bill for an act relating to human rights; prohibiting reprisals by any individual; amending Minnesota Statutes 1996, section 363.03, subdivision 7.

Reported the same back with the following amendments:

Page 1, line 9, after "individual" insert "who participated in the alleged discrimination as a perpetrator"

With the recommendation that when so amended the bill pass.

The report was adopted.


Journal of the House - 34th Day - Top of Page 1816

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

S. F. No. 413, A bill for an act relating to water; authorizing a state general permit for water appropriation; amending Minnesota Statutes 1996, section 103G.271, subdivision 1.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 176, 209, 276, 626, 713, 745, 1223, 1381, 1693, 1880 and 2065 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 1255, 145, 305 and 323 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Osthoff, Munger, Holsten, Jennings and Ozment introduced:

H. F. No. 2100, A bill for an act relating to taxation; sales; exempting sales of lottery tickets from sales tax; amending Minnesota Statutes 1996, sections 297A.259; 349A.01, subdivision 7; and 349A.10, subdivision 7.

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

Long, Milbert, Winter and Bakk introduced:

H. F. No. 2101, A bill for an act relating to taxation; eliminating the requirement for accelerated payment of certain cigarette, tobacco products, and liquor excise taxes; amending Minnesota Statutes 1996, sections 297.07, subdivision 1; 297.23, subdivision 4; 297.35, subdivision 1; 297C.03, subdivision 1; and 297C.04; repealing Minnesota Statutes 1996, sections 297.07, subdivision 4; 297.35, subdivision 5; and 297C.05, subdivision 2.

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

Bettermann introduced:

H. F. No. 2102, A bill for an act relating to workers' compensation; modifying burden of proof requirements; changing third party liability provisions; clarifying cessation of benefit restrictions; modifying arbitration provisions; amending Minnesota Statutes 1996, sections 176.021, subdivision 1a; 176.061; 176.101, subdivision 8; and 176.191, subdivision 5; repealing Minnesota Statutes 1996, section 176.191, subdivision 1a.

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


Journal of the House - 34th Day - Top of Page 1817

Bettermann introduced:

H. F. No. 2103, A bill for an act relating to workers' compensation; changing time limitation provisions; amending Minnesota Statutes 1996, section 176.151.

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

Dawkins introduced:

H. F. No. 2104, A bill for an act relating to taxation; eliminating soils condition tax increment financing districts; expanding the definition of redevelopment tax increment financing districts; amending Minnesota Statutes 1996, sections 469.174, subdivisions 10 and 12; 469.175, subdivision 3; and 469.176, subdivisions 1b and 4j; repealing Minnesota Statutes 1996, sections 469.174, subdivision 19; and 469.176, subdivision 4b.

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

Evans, Dawkins and Murphy introduced:

H. F. No. 2105, A bill for an act relating to crime prevention; authorizing the board of government innovation and cooperation to award grants for cooperative crime prevention programs; establishing an advisory committee; proposing coding for new law in Minnesota Statutes, chapter 465.

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

Bakk introduced:

H. F. No. 2106, A bill for an act relating to taxation; clarifying the application of the exemption from sales tax to certain replacement equipment used by the mining industry; amending Minnesota Statutes 1996, section 297A.01, subdivision 16.

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

Tuma, Munger, Huntley, McCollum and Ozment introduced:

H. F. No. 2107, A bill for an act relating to natural resources; imposing restrictions on state land use in the boundary waters canoe area wilderness; providing civil penalties; proposing coding for new law as Minnesota Statutes, chapter 84E.

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

Davids introduced:

H. F. No. 2108, A bill for an act relating to health; modifying provisions for reporting abortion data; providing criminal penalties; amending Minnesota Statutes 1996, section 145.411, by adding a subdivision; 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.

Jaros introduced:

H. F. No. 2109, A bill for an act relating to community development; providing training for certain public assistance recipients; appropriating money; amending Minnesota Statutes 1996, section 268A.15, subdivisions 2, 6, and by adding a subdivision.

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


Journal of the House - 34th Day - Top of Page 1818

Kielkucki, Workman, Molnau, Hilty and Tompkins introduced:

H. F. No. 2110, A bill for an act relating to education; offering an alternative of a locally controlled graduation rule; providing locally controlled graduation rule aid and district assistance and academic enhancement aid; appropriating money; amending Minnesota Statutes 1996, section 120.101, subdivision 8, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 124.

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

Rukavina and Tomassoni introduced:

H. F. No. 2111, A bill for an act relating to education; appropriating money for equipment for the East Range Secondary Technical Center.

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

Broecker introduced:

H. F. No. 2112, A bill for an act relating to lawful gambling; allowing expenditures of net profits contributed to a fund administered by a local unit of government to be expended for any public purpose; amending Minnesota Statutes 1996, section 349.213, subdivision 1.

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

Anderson, I.; Rest; Schumacher; Lieder and Jefferson introduced:

H. F. No. 2113, A bill for an act relating to taxation; proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with local property taxes; providing for school funding; appropriating money; amending Minnesota Statutes 1996, sections 124.2131, subdivision 1; 124A.02, subdivision 8; 124A.03, by adding a subdivision; 124A.22, subdivision 1; 124A.23, subdivision 1; 275.065, subdivision 3; 275.08, subdivision 1b; 276.04, subdivision 2; 276A.01, subdivision 5; 276A.06, subdivision 3; 473F.02, subdivision 5; and 473F.08, subdivision 3; repealing Minnesota Statutes 1996, sections 124A.22, subdivisions 4a, 4b, 8a, 8b, 13d, and 13e; and 124A.23, subdivisions 2, 3, and 4.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 117, A bill for an act relating to commerce; requiring local units of government to license the retail sale of tobacco; providing for mandatory penalties against license holders for sales to minors; amending Minnesota Statutes 1996, section 461.12; proposing coding for new law in Minnesota Statutes, chapter 461.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 34th Day - Top of Page 1819

Rest moved that the House refuse to concur in the Senate amendments to H. F. No. 117, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

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

S. F. No. 456.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 456, A bill for an act relating to taxation; making policy changes to property taxes; amending Minnesota Statutes 1996, sections 275.075; 287.08; 287.28; 287.37; 290A.04, subdivision 2h; 477A.05, subdivisions 1, 2, and 5; 515B.1-105; and 515B.1-116; Laws 1996, chapter 471, article 3, section 49.

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

CONSENT CALENDAR

H. F. No. 614 was reported to the House.

Skoglund moved that H. F. No. 614 be continued on the Consent Calendar. The motion prevailed.

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

McGuire moved that the name of Swenson, D., be added as an author on H. F. No. 741. The motion prevailed.

Orfield moved that the name of Leppik be added as an author on H. F. No. 929. The motion prevailed.

Paulsen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 7, 1997, when the vote was taken on the final passage of H. F. No. 1382." The motion prevailed.

Tingelstad moved that S. F. No. 95, now on General Orders, be re-referred to the Committee on Governmental Operations. The motion prevailed.

Davids moved that H. F. No. 2108 be returned to its author. The motion prevailed.


Journal of the House - 34th Day - Top of Page 1820

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 117:

Rest, Entenza and Goodno.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 12:00 noon, Wednesday, April 9, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Wednesday, April 9, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives