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.
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.
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
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 (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.
(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.
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
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 " 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 (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
(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.
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 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."
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.
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.
(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, 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 for personnel and administrative services, for (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.
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;
(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."
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"
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
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"
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;"
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"
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"
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 (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 (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.
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
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.
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
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.
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.
H. F. Nos. 176, 209, 276, 626, 713, 745, 1223, 1381,
1693, 1880 and 2065 were read for the second time.
S. F. Nos. 1255, 145, 305 and 323 were read for the
second time.
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.
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.
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.
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
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
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.
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.
Winter moved that the bills on General Orders for today
be continued. The motion prevailed.
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.
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.
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
Representativessections 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.
(a)"
OUTSIDE CITIES.] (a) The
following definitions apply to this subdivision:
, if
the commissioner approves."
and
the commissioner of health, and the commissioner of
transportation.
and, the pollution control
agency, and the department of transportation,
including costs
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.
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;
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.
ANNOUNCEMENT BY THE SPEAKER