Journal of the House - 41st Day - Top of Page 2257

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

FORTY-FIRST DAY

Saint Paul, Minnesota, Thursday, April 17, 1997

 

The House of Representatives convened at 2:30 p.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Minnesota Teen Challenge Chorus, Minneapolis, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Kinkel was excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Pawlenty 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 - 41st Day - Top of Page 2258

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 16, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 538, memorializing Congress to support legislative initiatives to mitigate the economic competition among the states that has resulted from the adoption of targeted business incentive programs.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 16, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 90, A bill for an act relating to drivers' licenses; allowing exemption from commercial driver's license requirement for certain snowplow operators.

Warmest regards,

Arne H. Carlson

Governor


Journal of the House - 41st Day - Top of Page 2259

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 16, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 835, relating to human services; creating an exception for a separate annual audit of a county operated day training and habilitation program.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 16, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

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

Warmest regards,

Arne H. Carlson

Governor


Journal of the House - 41st Day - Top of Page 2260

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 16, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 1382, relating to boilers; modifying show boiler and engine provisions.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F.
No.
H.F.
No.
Session Laws
Chapter No.
Time and
Date Approved
1997
Date Filed
1997
538 Resolution No. 1 10:15 a.m. April 16 April 16
1052 32 10:10 a.m. April 16 April 16
305 33 10:12 a.m. April 16 April 16
90 35 1:57 p.m. April 16 April 16
835 36 2:12 p.m. April 16 April 16
958 37 1:59 p.m. April 16 April 16
1382 38 2:02 p.m. April 16 April 16

Sincerely,

Joan Anderson Growe
Secretary of State


Journal of the House - 41st Day - Top of Page 2261

REPORTS OF STANDING COMMITTEES

Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:

H. F. No. 361, A bill for an act relating to agriculture; changing certain wholesale food processor or manufacturer fees; amending Minnesota Statutes 1996, section 28A.08, subdivision 3.

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

The report was adopted.

Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:

H. F. No. 947, A bill for an act relating to environment; amending provisions regulating toxics in packaging; amending Minnesota Statutes 1996, section 115A.965, subdivisions 3, 7, and by adding a subdivision; repealing Minnesota Statutes 1996, section 115A.965, subdivision 6.

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

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 1684, A bill for an act relating to education; kindergarten through grade 12; providing for general education; special programs; lifework development; education organization, cooperation, and facilities; education excellence; academic performance; education policy issues; libraries; technology; state agencies; conforming and technical amendments; appropriating money; amending Minnesota Statutes 1996, sections 120.062, subdivisions 7 and 9; 120.0621, subdivisions 5a, 5b, 6, and by adding a subdivision; 120.064, subdivisions 3, 4, 4a, 5, 8, 11, 20a, and by adding subdivisions; 120.101, subdivision 5c, and by adding a subdivision; 120.17, subdivision 3a; 120.181; 121.11, subdivision 7c, and by adding a subdivision; 121.1115, by adding subdivisions; 121.15, by adding subdivisions; 121.155, by adding a subdivision; 121.602, subdivisions 1, 2, and 4; 121.611; 121.615, subdivisions 2, 3, 5, 6, 7, 8, 9, and 10; 121.703, subdivision 3; 121.904, subdivision 4a; 123.34, by adding a subdivision; 123.3514, subdivisions 4, 4a, 4c, 4e, 6c, 8, and by adding subdivisions; 123.39, subdivision 6; 123.935, subdivision 7; 124.155, subdivision 1; 124.17, subdivision 4, and by adding a subdivision; 124.193; 124.195, subdivisions 2, 7, 10, 11, and by adding a subdivision; 124.225, subdivisions 1, 3a, 7b, 7d, 7f, 8a, 10, 13, 14, 15, and 17; 124.226, subdivisions 4, 9, and 10; 124.2445; 124.2455; 124.248, subdivisions 1 and 3; 124.2613, subdivisions 3 and 6; 124.2727, subdivisions 6a, 6c, and 6d; 124.273, subdivisions 1d, 1e, 1f, and 5; 124.312, subdivisions 4 and 5; 124.313; 124.314, subdivisions 1 and 2; 124.3201, subdivisions 1, 2, 3, and 4; 124.321, subdivision 1; 124.323, subdivisions 1 and 2; 124.42, subdivision 4; 124.431, subdivisions 2 and 11; 124.45; 124.481; 124.573, subdivision 2f; 124.574, subdivisions 1, 2d, 2f, 5, 6, and 9; 124.646, subdivision 1; 124.83, subdivisions 1 and 2; 124.86, subdivision 2, and by adding a subdivision; 124.91, subdivisions 1 and 5; 124.912, subdivisions 1, 2, and 3; 124.916, subdivisions 1, 2, and 3; 124.918, subdivision 6; 124.95, subdivision 2; 124.961; 124A.03, subdivision 1c; 124A.036, subdivisions 5 and 6; 124A.04, subdivision 2; 124A.22, subdivisions 1, 2, as amended, 3, 6, 6a, 10, 11, 13b, and by adding a subdivision; 124A.225, subdivisions 1 and 4; 124A.23, subdivisions 1 and 3; 124A.26, subdivision 1; 124A.28; 124C.45, subdivision 1a; 124C.46, subdivisions 1 and 2; 124C.498, subdivision 2; 125.05, subdivisions 1c and 2; 125.12, subdivision 14; 126.22, subdivision 2; 126.23, subdivision 1; 126.77, subdivision 1; 126.82; 127.27, subdivision 10; 127.282; 128C.02, subdivision 2; 128C.08, subdivision 5; 134.155, subdivisions 2 and 3; 134.34, subdivision 4; and 136A.233, by adding a subdivision; Laws 1991, chapter 265, article 1, section 30, as amended; Laws 1992, chapter 499, article 7, section 31; Laws 1995, First Special Session chapter 3, article 1, section 56; article 2, section 52; article 3, section 11, subdivisions 1, 2, and 5; article 11, section 21, subdivision 3; article 12, section 7, subdivision 1; Laws 1996, chapter 412, article 4, section 34, subdivision 4; and article 12, sections 8 and 11; proposing coding for new law in Minnesota Statutes, chapters 120; 121; 124; 126; and 127; repealing Minnesota Statutes 1996, sections 121.904, subdivision 4d; 124.177; 124.225, subdivisions 13, 14, 15, 16, and 17; 124.226, subdivisions 1, 3, 3a,


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6, and 10; 124.3201, subdivisions 2a and 2b; 124A.22, subdivisions 2a, 13, and 13a; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711; 124A.72; 124A.73; 126.113; 128B.10; 134.34, subdivision 4a; and 134.46; Laws 1993, chapter 146, article 5, section 20; Laws 1994, chapter 647, article 7, section 18; and Laws 1995, First Special Session chapter 3, article 12, section 8.

Reported the same back with the following amendments:

Page 123, after line 18, insert:

"Sec. 33. [INDEPENDENT SCHOOL DISTRICT NO. 270, HOPKINS; EXEMPTION.]

Minnesota Statutes, section 123.35, subdivision 19a, does not apply to independent school district No. 270, Hopkins, for the Lindbergh Center, located at 2400 Lindbergh Drive, Minnetonka, Minnesota."

Page 125, line 31, delete "33" and insert "34"

Renumber the sections in sequence

Amend the title accordingly

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

The report was adopted.

Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:

H. F. No. 1750, A bill for an act relating to natural resources; extending permits for timber sales that expire in 1997.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means without further recommendation.

The report was adopted.

Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance 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.

The report was adopted.

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

S. F. No. 1881, A bill for an act relating to the organization and operation of state government; appropriating money for the department of transportation and other agencies with certain conditions; regulating certain activities and practices; providing for fees; establishing revolving account; requiring a study; amending Minnesota Statutes 1996, sections 16B.335, subdivision 1; 161.082, by adding a subdivision; 168.011, subdivision 9; 168.018; 168A.29, subdivision 1; 169.974,


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subdivision 2; 171.06, subdivision 2a; 171.13, by adding a subdivision; 173.13, subdivision 4; 296.16, subdivision 1; 360.015, by adding a subdivision; 360.017, subdivision 1; and 457A.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 1996, section 299D.10.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.]

The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in this act, to be available for the fiscal years indicated for each purpose. The figures "1997," "1998," and "1999," where used in this act, mean that the appropriation or appropriations listed under them are available for the year ending June 30, 1997, June 30, 1998, or June 30, 1999, respectively. If the figures are not used, the appropriations are available for the year ending June 30, 1998, or June 30, 1999, respectively. The term "first year" means the year ending June 30, 1998, and the term "second year" means the year ending June 30, 1999. Appropriations for the year ending June 30, 1997, are in addition to appropriations made in previous years.

SUMMARY BY FUND

1997 1998 1999 TOTAL

General $290,000 $124,078,000 $100,507,000$224,875,000

Airports 18,016,000 18,078,000 36,094,000

C.S.A.H. 318,289,000 327,512,000645,801,000

Highway User 14,035,000 14,134,000 28,169,000

M.S.A.S. 96,580,000 99,264,000195,844,000

Special Revenue 912,000 927,000 1,839,000

Trunk Highway 8,905,000 940,546,000 944,020,0001,893,471,000

TOTAL $9,195,000 $1,512,456,000 $1,504,442,000$3,026,093,000

APPROPRIATIONS

Available for the Year

Ending June 30

1997 1998 1999

Sec. 2. TRANSPORTATION

Subdivision 1. Total Appropriation $ 8,905,000 $1,340,744,000 $1,343,091,000

The appropriations in this section are from the trunk highway fund, except when another fund is named.

Summary by Fund

1997 1998 1999

General 41,519,000 32,737,000

Airports 17,966,000 18,028,000

C.S.A.H. 318,289,000 327,512,000

M.S.A.S. 96,580,000 99,264,000

Trunk Highway 8,905,000 865,507,000 864,516,000


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The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

Subd. 2. Aeronautics 18,296,000 17,958,000

Summary by Fund

Airports 17,896,000 17,958,000

General 400,000 -0-

The amounts that may be spent from this appropriation for each activity are as follows:

(a) Airport Development and Assistance

1998 1999

12,948,000 12,948,000

$12,846,000 the first year and $12,846,000 the second year are for navigational aids, construction grants, and maintenance grants. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

These appropriations must be spent in accordance with Minnesota Statutes, section 360.305, subdivision 4.

$12,000 the first year and $12,000 the second year are for maintenance of the Pine Creek Airport.

$90,000 the first year and $90,000 the second year are for air service grants.

(b) Aviation Support

4,880,000 4,941,000

$65,000 the first year and $65,000 the second year are for the civil air patrol.

$200,000 the first year and $200,000 the second year are for the air service marketing program under Minnesota Statutes, section 360.0151.

(c) Air Transportation Services

468,000 69,000

Summary by Fund

Airports 68,000 69,000

General 400,000 -0-


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$400,000 the first year is from the general fund for refurbishing a federal surplus jet airplane for state ownership and use.

Subd. 3. Transit 15,823,000 15,837,000

Summary by Fund

General 15,512,000 15,521,000

Trunk Highway 311,000 316,000

If the appropriation for either year is insufficient, the appropriation for the other year is available.

The amounts that may be spent from this appropriation for each activity are as follows:

(a) Greater Minnesota Transit Assistance

15,056,000 15,056,000

This appropriation is from the general fund.

(b) Transit Administration

767,000 781,000

Summary by Fund

General 456,000 465,000

Trunk Highway 311,000 316,000

Subd. 4. Railroads and Waterways 4,752,000 2,184,000

Summary by Fund

General 3,547,000 953,000

Trunk Highway 1,205,000 1,231,000

$3,000,000 is from the general fund for port development assistance under Minnesota Statutes, chapter 457A. This appropriation is available until June 30, 1999. This is a one-time appropriation and may not be added to the agency's budget base.

$1,000,000 the first year is from the general fund for the study of commuter rail service under section 8. This appropriation is available until June 30, 1999. Of this amount the commissioner may spend up to $100,000 for the costs of managing the study.

Subd. 5. Motor Carrier Regulation 2,437,000 2,487,000


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Summary by Fund

General 110,000 113,000

Trunk Highway 2,327,000 2,374,000

Subd. 6. Local Roads 414,869,000 426,776,000

Summary by Fund

C.S.A.H. 318,289,000 327,512,000

M.S.A.S. 96,580,000 99,264,000

The amounts that may be spent from this appropriation for each activity are as follows:

(a) County State Aids

318,289,000 327,512,000

This appropriation is from the county state-aid highway fund and is available until spent.

(b) Municipal State Aids

96,580,000 99,264,000

This appropriation is from the municipal state-aid street fund and is available until spent.

If an appropriation for either county state aids or municipal state aids does not exhaust the balance in the fund from which it is made in the year for which it is made, the commissioner of finance, upon request of the commissioner of transportation, shall notify the committee on finance of the senate and the committee on ways and means of the house of representatives of the amount of the remainder and shall then add that amount to the appropriation. The amount added is appropriated for the purposes of county state aids or municipal state aids, as appropriate.

Subd. 7. Bridges 21,800,000 16,000,000

This appropriation is from the general fund.

Of this amount, $5,800,000 the first year is for grants to political subdivisions for key bridges, and is to be spent in accordance with Minnesota Statutes, section 174.50, subdivisions 4 to 7.

Of this amount, $16,000,000 the first year and $16,000,000 the second year are for trunk highway bridges.

Subd. 8. State Roads 8,905,000 811,101,000 821,349,000


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The amounts that may be spent from this appropriation for each activity are as follows:

(a) State Road Construction

8,905,000 446,533,000 446,421,000

It is estimated that these appropriations will be funded as follows:

Federal Highway Aid

225,000,000 225,000,000

Highway User Taxes

221,533,000 221,421,000

The commissioner of transportation shall notify the chair of the committee on finance of the senate and chair of the committee on ways and means of the house of representatives quarterly of any events that should cause these estimates to change.

This appropriation is for the actual construction, reconstruction, and improvement of trunk highways. This includes the cost of actual payment to landowners for lands acquired for highway rights-of-way, payment to lessees, interest subsidies, and relocation expenses.

The appropriation for fiscal year 1997 is for state road construction and is added to the appropriations in Laws 1995, chapter 265, article 2, section 2, subdivision 7, clause (a).

The commissioner of transportation may receive money covering other shares of the cost of partnership projects. These receipts are appropriated to the commissioner for these projects.

Before proceeding with a project, or a series of projects on a single highway, with a cost exceeding $10,000,000, the commissioner shall consider the feasibility of alternative means of financing the project or series of projects, including but not limited to congestion pricing, tolls, mileage pricing, and public-private partnership.

(b) Highway Debt Service

15,161,000 13,539,000

$5,951,000 the first year and $5,403,000 the second year are for transfer to the state bond fund.

If this appropriation is insufficient to make all transfers required in the year for which it is made, the commissioner of finance shall notify the committee on finance of the senate and the committee on ways and means of the house of representatives of the amount of the deficiency and shall then transfer that amount under the statutory open appropriation.


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Any excess appropriation must be canceled to the trunk highway fund.

(c) Research and Investment Management

11,679,000 11,864,000

$499,000 the first year and $499,000 the second year are available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues. These grants are available to (1) regional development commissions, (2) in regions where no regional development commission is functioning, joint powers boards established under agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission, and (3) in regions where no regional development commission or joint powers board is functioning, the department's district office for that region.

$198,000 the first year and $198,000 the second year are available for grants to metropolitan planning organizations outside the seven-county metropolitan area.

$75,000 the first year and $75,000 the second year are for a transportation research contingent account to finance research projects that are reimbursable from the federal government or from other sources. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

(d) Central Engineering Services

56,593,000 57,384,000

Of these appropriations, $2,190,000 the first year and $2,190,000 the second year are for scientific equipment. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

(e) Design and Construction Engineering

72,448,000 73,860,000

Of this amount, $2,850,000 the first year and $2,850,000 the second year are related to the appropriation for trunk highway bridges in subdivision 7.

(f) State Road Operations

202,431,000 205,503,000

Summary by Fund

General 100,000 100,000

Trunk Highway 202,331,000 205,403,000


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$11,689,000 the first year and $11,689,000 the second year are for road equipment. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

$100,000 the first year and $100,000 the second year are from the general fund for grants to the Minnesota highway safety center at St. Cloud State University for driver education.

(g) Electronic Communications

6,256,000 12,778,000

Summary by Fund

General 9,000 9,000

Trunk Highway 6,247,000 12,769,000

$9,000 the first year and $9,000 the second year are from the general fund for equipment and operation of the Roosevelt signal tower for Lake of the Woods weather broadcasting.

Subd. 9. General Support 38,512,000 39,466,000

Summary by Fund

General 41,000 41,000

Airports 70,000 70,000

Trunk Highway 38,401,000 39,355,000

The amounts that may be spent from this appropriation for each activity are as follows:

(a) General Management

25,599,000 25,924,000

(b) General Services

12,913,000 13,542,000

Summary by Fund

General 41,000 41,000

Airports 70,000 70,000

Trunk Highway 12,802,000 13,431,000

$1,500,000 the first year and $1,500,000 the second year are for data processing development. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.


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The commissioner of transportation shall manage the department of transportation in such a manner as to provide seasonal employees of the department with the maximum feasible amount of employment security consistent with the efficient delivery of department programs.

Subd. 10. Buildings 12,271,000 -0-

$6,771,000 is for ongoing operational building needs. $5,550,000 is for the Cedar Avenue truck station in Richfield.

The appropriation of $644,000 in Laws 1996, chapter 455, article 2, section 2, clause (5), for the Deer Lake equipment storage building, is reappropriated for a Virginia headquarters building addition for the state patrol.

Subd. 11. Transfers

The commissioner of transportation with the approval of the commissioner of finance may transfer unencumbered balances among the appropriations from the trunk highway fund and the state airports fund made in this section. No transfer may be made from the appropriation for state road construction. No transfer may be made from the appropriations for debt service to any other appropriation. Transfers may not be made between funds. Transfers must be reported immediately to the committee on finance of the senate and the committee on ways and means of the house of representatives.

Subd. 12. Contingent Appropriation

The commissioner of transportation, with the approval of the governor after consultation with the legislative advisory commission under Minnesota Statutes, section 3.30, may transfer all or part of the unappropriated balance in the trunk highway fund to an appropriation (1) for trunk highway design, construction, or inspection in order to take advantage of an unanticipated receipt of income to the trunk highway fund, (2) for trunk highway maintenance in order to meet an emergency, or (3) to pay tort or environmental claims. The amount transferred is appropriated for the purpose of the account to which it is transferred.

Sec. 3. METROPOLITAN COUNCIL TRANSIT 73,100,000 57,000,000

(a) The council may not spend more than $36,000,000 for metro mobility in the 1998-1999 biennium except for proceeds from bond sales when use of those proceeds for metro mobility capital expenditures is authorized by law.

(b) Any appropriation in excess of $49,351,000 the first year and $49,351,000 the second year may not be added to the agency's budget base.


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(c) $100,000, or so much of this amount as the metropolitan council determines is necessary, is for development of the school transportation plan under section 10.

(d) The council may not raise fares for regular route service it provides during the 1998-1999 biennium.

(e) The council shall use this appropriation to meet the following goals, and thereby provide at least 139,000,000 riders per biennium:

(1) preserve current transit service levels;

(2) enhance transit service reliability to assure commuters that they will arrive at work on time;

(3) implement improvements in transit service for commuters;

(4) develop and implement programs that enhance partnerships with employers in order to promote transit use by employees and link job-seekers to new jobs;

(5) make selected routes more efficient for commuters by limiting the number of stops and decreasing travel time;

(6) effectively manage connections of suburban circulators and other regular route services with timed transfers; and

(7) increase service in targeted areas to support all work shifts.

(f) The council shall work with metropolitan counties to ensure that transportation is not a barrier for economically disadvantaged persons seeking to obtain and keep jobs.

(g) Of this amount, up to $1,000,000 the first year and $1,000,000 the second year may be used by the council to make grants to metropolitan counties and nonprofit organizations in the metropolitan area currently working to place disadvantaged persons in jobs where transportation has proven to be a barrier to job placement. Grants may be used to:

(1) provide full or partial bus fare reimbursement;

(2) work with employers to ensure that transportation meets employment opportunities in the metropolitan area; and

(3) provide or contract for transportation links between public transportation routes and employment locations. This appropriation is available until June 30, 1999.


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(h) Of this amount, $16,000,000 the first year must be used by the council for transit capital improvements to maximize available funds for transit capital projects. This appropriation is available until June 30, 1999. Except as otherwise provided in this section, the metropolitan council shall not use the appropriation in this section for capital expenditures.

Sec. 4. PUBLIC SAFETY

Subdivision 1. Total Appropriation 290,000 98,453,000 104,343,000

Summary by Fund

1997 1998 1999

General 290,000 9,459,000 10,770,000

Special Revenue -0- 912,000 927,000

Trunk Highway -0- 74,172,000 78,637,000

Highway User -0- 13,910,000 14,009,000

Subd. 2. Administration and Related Services 10,635,000 11,914,000

Summary by Fund

General 2,830,000 3,953,000

Trunk Highway 6,490,000 6,616,000

Highway User 1,315,000 1,345,000

$326,000 the first year and $326,000 the second year are for payment of public safety officer survivor benefits under Minnesota Statutes, section 299A.44. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

$299,000 the first year and $308,000 the second year are for soft body armor reimbursements under Minnesota Statutes, section 299A.38.

$1,851,000 the first year and $1,830,000 the second year are appropriated from the general fund for transfer by the commissioner of finance to the trunk highway fund on January 1, 1998, and January 1, 1999, respectively, in order to reimburse the trunk highway fund for expenses not related to the fund. These represent amounts appropriated out of the trunk highway fund for general fund purposes in the administration and related services program.

$580,000 the first year and $610,000 the second year are appropriated from the highway user tax distribution fund for transfer by the commissioner of finance to the trunk highway fund on January 1, 1998, and January 1, 1999, respectively, in order to reimburse the trunk highway fund for expenses not related to the fund. These represent amounts appropriated out of the trunk highway fund for highway user tax distribution fund purposes in the administration and related services program.


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$716,000 the first year and $716,000 the second year are appropriated from the highway user tax distribution fund for transfer by the commissioner of finance to the general fund on January 1, 1998, and January 1, 1999, respectively, in order to reimburse the general fund for expenses not related to the fund. These represent amounts appropriated out of the general fund for operation of the criminal justice data network related to driver and motor vehicle licensing.

$1,128,000 the second year from the general fund and $575,000 the first year and $575,000 the second year from the trunk highway fund are to enhance the criminal justice computer systems.

Subd. 3. State Patrol 290,000 52,001,000 56,115,000

Summary by Fund

General 290,000 2,844,000 2,949,000

Trunk Highway 49,067,000 53,076,000

Highway User 90,000 90,000

The appropriation for fiscal year 1997 is for transfer to the trunk highway fund to cover the costs of deploying state patrol troopers to the city of Minneapolis to assist the city in combating violent crime.

$864,000 the first year and $864,000 the second year are for installing, maintaining, and operating video cameras on state patrol vehicles purchased on or after July 1, 1997. This appropriation is from the general fund. This amount may not be added to the agency's budget base.

$1,675,000 the first year and $424,000 the second year from the trunk highway fund are for the development and operational costs of computer-aided dispatching, records management, and station office automation systems.

$3,480,000 for the second year is from the trunk highway fund for employment of up to 29 additional state troopers to be assigned to patrolling highways, and additional support personnel for those troopers. This appropriation is available to the commissioner at the rate of $120,000 for each state trooper employed after July 1, 1998, and assigned to patrolling highways. The number of state troopers assigned to patrolling highways at any time during the biennium may not be less than the number so assigned on July 1, 1997, plus additional state troopers employed as a result of this appropriation.

The commissioner shall identify and implement measures to increase the representation of females and minorities in the state patrol so that the trooper population more accurately reflects the population served by the state patrol.


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When an otherwise qualified candidate does not have the educational credits to meet the current peace officer standards and training board licensing standards, the commissioner may provide the financial resources to obtain the education necessary to meet the licensing requirements. Of this appropriation, $150,000 the second year from the trunk highway fund is for assistance to these otherwise qualified individuals to prepare them for the trooper candidate school beginning in January 1999.

$600,000 the first year and $1,200,000 the second year from the trunk highway fund are to implement wage increases for state patrol troopers, trooper 1s, and corporals. The wage adjustments are based on an internal Hay study conducted by the department of employee relations.

Subd. 4. Driver and Vehicle Services 34,553,000 35,031,000

Summary by Fund

General 3,724,000 3,807,000

Trunk Highway 18,324,000 18,650,000

Highway User 12,505,000 12,574,000

$867,000 the first year and $777,000 the second year from the highway user tax distribution fund are for purchasing manufactured license plates from the department of corrections.

Subd. 5. Traffic Safety 352,000 356,000

Summary by Fund

General 61,000 61,000

Trunk Highway 291,000 295,000

Subd. 6. Pipeline Safety 912,000 927,000

This appropriation is from the pipeline safety account in the special revenue fund.

Sec. 5. MINNESOTA SAFETY COUNCIL 67,000 67,000

This appropriation is from the trunk highway fund.

Sec. 6. GENERAL CONTINGENT ACCOUNTS 375,000 375,000

The appropriations in this section may only be spent with the approval of the governor after consultation with the legislative advisory commission pursuant to Minnesota Statutes, section 3.30.

If an appropriation in this section for either year is insufficient, the appropriation for the other year is available for it.


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Summary by Fund

Trunk Highway 200,000 200,000

Highway User 125,000 125,000

Airports 50,000 50,000

Sec. 7. TORT CLAIMS 600,000 600,000

This appropriation is to be spent by the commissioner of finance.

This appropriation is from the trunk highway fund.

If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

Sec. 8. [COMMUTER RAIL SERVICE STUDY.]

Subdivision 1. [STUDY.] The commissioner of transportation, through the division of railroads and waterways, shall conduct a study of the potential of utilizing freight rail corridors in the Twin Cities metropolitan area for commuter rail service. The commissioner shall perform the study in coordination with the metropolitan council and metropolitan regional rail authorities and shall consider, among other things, the positive and negative effects of commuter rail service on surrounding neighborhoods.

Subd. 2. [REPORT.] The commissioner shall report the findings and recommendations of the study to the governor and legislature by January 15, 1998, and February 1, 1999. If in the report required by January 15, 1998, the commissioner identifies one or more rail corridors that have potential for a commuter rail demonstration project, the commissioner, alone or in cooperation with the metropolitan council and one or more metropolitan regional rail authorities, may propose legislation to the 1998 legislative session that provides for acquisition or lease of the corridors, improvements necessary for their use for commuter rail purposes, acquisition of commuter rail rolling stock, and operation of commuter rail services.

Subd. 3. [REGIONAL RAIL AUTHORITIES.] Nothing in this section may be construed to prohibit or restrict a regional rail authority in the performance of any duty or exercise of any power under Minnesota Statutes, chapter 398A.

Sec. 9. [RAILROAD SERVICE PRESERVATION.]

No state or local agency or political subdivision may take any action that would have the effect of precluding the use for commuter rail service of any rail line that is providing rail service within the seven-county metropolitan area on the effective date of this section.

Sec. 10. [SCHOOL TRANSPORTATION PLAN.]

Subdivision 1. [DEVELOPMENT OF PLAN.] The metropolitan council, the school board of special school district No. 1, Minneapolis, and the school board of independent school district No. 625, St. Paul, in consultation with an advisory board, shall develop a school transportation plan, the goal of which is to make available school transportation through the metropolitan council's public transit system, at no cost to students, to no fewer than 75 percent of the students transported by Minneapolis public schools and no fewer than 75 percent of the students transported by St. Paul public schools, in grades 9 to 12, during the 1998-1999 school year.


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Subd. 2. [ADVISORY BOARD.] The metropolitan council and the school boards shall convene and consult with an advisory board concerning the development of the school transportation plan. The advisory board shall include, without limitation, the school transportation directors from the Minneapolis and St. Paul school districts; secondary students and parents of secondary students who use school transportation in those school districts; representatives of nonpublic schools located within the districts; a representative of the department of children, families, and learning; and administrators of secondary schools within the districts.

Subd. 3. [SCOPE OF PLAN.] The transportation plan must include, without being limited to:

(1) a plan for service of the maximum possible number of students, with a goal of transporting no less than 75 percent of the students in grades 9 to 12 who are transported in each district, with a minimum number of new transit routes;

(2) a recommendation for school day start and end times to optimize use of public transit for school transportation;

(3) an analysis of availability of public transit for special education students; open enrollment students; students enrolled in nonpublic schools, charter schools, post-secondary enrollment options programs, area learning centers, and other nontraditional programs; and students participating in school activities before or after the school day;

(4) a description of the quality of service to be available to students, including maximum length of ride, number of transfers required, and maximum distance between home or school and bus stop;

(5) a recommendation concerning policies applicable to fares for student ridership throughout the school day and identification by public transit drivers of students entitled to free school transportation;

(6) a plan to extend the goals and requirements of the state's school transportation safety program to the transportation of students on public transit, to the maximum feasible extent;

(7) a method for communicating information to students whose school transportation will be provided by public transit, and their parents and guardians, of the school transportation plan to be implemented in the 1998-1999 school year and identification of a contact person to answer resulting questions;

(8) recommendations concerning any legislation required to implement the school transportation plan;

(9) an analysis of the cost to the metropolitan council of providing the service outlined in the school transportation plan;

(10) a description of the services that the districts will be able to discontinue by virtue of the implementation of the school transportation plan, and the financial impact to the school districts of discontinuing these services; and

(11) an analysis of the safety implications of the plan.

Subd. 4. [REPORT.] The metropolitan council and school boards for the Minneapolis and St. Paul school districts shall report the school transportation plan to the senate children, families and learning K-12 committee and transportation committee, and to the house of representatives education committee and transportation and transit committee before January 30, 1998. The cost to the Minneapolis and St. Paul school districts for providing transportation and transportation-related services to students in grades 9 to 12 under the school transportation plan developed as provided in section 1 must not exceed the projected cost, as determined by the districts, of providing equivalent transportation and transportation-related services using district-provided transportation.

Sec. 11. [SCREENING AND ADVISORY COMMITTEES.]

Notwithstanding any other law, the following advisory committees do not expire on June 30, 1997:

(1) the county state-aid rules advisory committee established under Minnesota Statutes, section 162.02, subdivision 2;

(2) the county state-aid screening board established under Minnesota Statutes, section 162.07, subdivision 5;


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(3) the municipal state-aid rules advisory committee established under Minnesota Statutes, section 162.09, subdivision 2; and

(4) the municipal state-aid screening committee established under Minnesota Statutes, section 162.13, subdivision 3.

Sec. 12. [STATE ROAD CONSTRUCTION; APPROPRIATIONS FOR PREVIOUS YEARS.]

Any money appropriated to the commissioner of transportation for state road construction for any fiscal year before fiscal year 1999 is available to the commissioner during fiscal years 1998 and 1999 to the extent that the commissioner spends the money on the state road construction project for which the money was originally encumbered during the fiscal year for which it was appropriated.

The commissioner of transportation shall report to the commissioner of finance by August 1 of each fiscal year, on a form the commissioner of finance provides, on expenditures made during the previous fiscal year that are authorized by this section.

Sec. 13. [DEPARTMENT OF TRANSPORTATION; LAND TRANSFER.]

Notwithstanding any other provision of law, the commissioner of transportation shall at the earliest feasible date transfer to the city of Duluth at no cost a tract of land consisting of 0.59 acres of parcel No. 211 in the city of Duluth.

Sec. 14. [JIM RICE MEMORIAL PARKWAY.]

That portion of West River Parkway in the city of Minneapolis, from its intersection with Portland Avenue to its intersection with East Broadway Street, is hereby designated the Jim Rice Memorial Parkway.

Sec. 15. [DEMONSTRATION PROGRAM.]

Notwithstanding Minnesota Statutes, section 473.384, subdivision 6, regarding percentages of total operating costs to be subsidized by the metropolitan council, until June 30, 2001, the metropolitan council may establish the appropriate percentage operating subsidy to be granted to individual recipients under the subdivision. The metropolitan council must establish the percentage annually, based on available transit funds and the council's determination of a reasonable subsidy per passenger trip in comparison to similar transit or paratransit service in the metropolitan area. The council may provide a subsidy up to 100 percent of a recipient's operating costs for all or any portion of the transit or paratransit service and may require recipients to pay up to 100 percent of their own operating costs for all or any portion of the service.

Sec. 16. Minnesota Statutes 1996, section 16B.335, subdivision 1, is amended to read:

Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] (a) The commissioner, or any other recipient to whom an appropriation is made to acquire or better public lands or buildings or other public improvements of a capital nature, must not prepare final plans and specifications for any construction, major remodeling, or land acquisition in anticipation of which the appropriation was made until the agency that will use the project has presented the program plan and cost estimates for all elements necessary to complete the project to the chair of the senate finance committee and the chair of the house ways and means committee and the chairs have made their recommendations, and the chair of the house capital investment committee is notified. "Construction or major remodeling" means construction of a new building or substantial alteration of the exterior dimensions or interior configuration of an existing building. The presentation must note any significant changes in the work that will be done, or in its cost, since the appropriation for the project was enacted or from the predesign submittal. The program plans and estimates must be presented for review at least two weeks before a recommendation is needed. The recommendations are advisory only. Failure or refusal to make a recommendation is considered a negative recommendation. The chairs of the senate finance committee, the house capital investment committee, and the house ways and means committee must also be notified whenever there is a substantial change in a construction or major remodeling project, or in its cost.


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(b) Capital projects exempt from the requirements of this section include construction, renovation, or improvements to dams, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, trails, bike paths, sewer separation projects, water and wastewater facilities, campgrounds, roads, bridges, port development projects for which the commissioner of transportation has entered into an assistance agreement under section 457A.04, or any other capital project with a construction cost of less than $200,000.

Sec. 17. Minnesota Statutes 1996, section 161.082, is amended by adding a subdivision to read:

Subd. 3. [TRANSFERS TO TURNBACK ACCOUNT.] (a) Whenever a county submits plans for a project to be funded from the county turnback account and the commissioner determines that the project would be approved for funding except for insufficient money in the county turnback account, the commissioner may transfer from the unencumbered balance of the construction account in the county state-aid highway fund an amount sufficient to pay the costs of the project.

(b) The commissioner may make a transfer under paragraph (a) only if the commissioner determines that the transfer would not reduce the unencumbered balance of the construction account in the county state-aid highway fund to less than $50,000,000.

(c) Not later than ten years after any transfer under paragraph (a), the commissioner shall transfer from the county turnback account to the construction account in the county state-aid highway fund an amount sufficient to repay the amount transferred under paragraph (a).

Sec. 18. [162.082] [METROPOLITAN TOWN ROAD ACCOUNT.]

Subdivision 1. [DEFINITION.] For purposes of this section "metropolitan town" means any town within the seven-county metropolitan area as defined in section 473.121, subdivision 2, that has a population of 9,000 or more according to the most recent federal decennial census.

Subd. 2. [ACCOUNT CREATED.] A metropolitan town road account is created in the county state-aid highway fund.

Subd. 3. [APPORTIONMENT.] Funds in the metropolitan town road account must be apportioned to each county in the seven-county metropolitan area so that each such county receives the percentage that the total miles of town road in metropolitan towns in the county bears to the total miles of town roads in metropolitan towns in the metropolitan area.

Subd. 4. [DISTRIBUTION TO COUNTIES.] Upon determining the amount of money to be apportioned to each county under section 162.07, the commissioner shall also determine the amounts in the metropolitan town road account to be apportioned under subdivision 3. The apportionment must be included in the statement sent to the commissioner of finance and the county auditor and county engineer of each county under section 162.08, subdivision 2. The amounts so apportioned and allocated to each county from the metropolitan town road account must be paid by the state to the treasurer of each county at the same time that payments are made under section 162.08, subdivision 2, provided that the amounts must be paid in a sufficient time to allow the county to distribute the amounts to each metropolitan town by March 1, annually.

Subd. 5. [DISTRIBUTION TO TOWNS.] By March 1 of each year, or within 30 days of receipt of payment from the commissioner, whichever occurs earlier, the county treasurer of each county that receives money under subdivision 4 must pay to each metropolitan town in the county an amount that the commissioner certifies to the county treasurer that the town would have received from the municipal state-aid street fund in the apportionment of that fund for that calendar year if the town were a city eligible for municipal state-aid street fund apportionments, based on the formula in section 162.13, subdivision 1. For purposes of calculating a metropolitan town's apportionment from the municipal state-aid street fund, the town shall designate, subject to standards and approval requirements under section 162.09, subdivision 2, a metropolitan town road system of not more than 20 percent of the metropolitan town's total town road mileage, and this system is the equivalent of a city's municipal state-aid street system for calculation of money needs. A metropolitan town's expenditure of money from the account is subject to the municipal state-aid standards contained in rules adopted under section 162.09, subdivision 2.

Subd. 6. [EXCESS APPORTIONMENT.] If the amount that a county distributes under subdivision 5 for any year is less than the amount that the county receives for that year under subdivision 4, the county may retain the excess amount. A county that retains an amount under this subdivision may spend the money so retained only on county state-aid highways located within a metropolitan town in the county.


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Sec. 19. Minnesota Statutes 1996, section 162.09, subdivision 4, is amended to read:

Subd. 4. [FEDERAL CENSUS TO BE CONCLUSIVE.] (a) In determining whether any city has a population of 5,000 or more, the last federal census shall be conclusive, except as otherwise provided in this subdivision.

(b) A city that has previously been classified as having a population of 5,000 or more for the purposes of chapter 162 and whose population decreases by less than 15 percent from the census figure that last qualified the city for inclusion shall receive the following percentages of its 1981 apportionment for the years indicated: 1982, 66 percent and 1983, 33 percent. Thereafter the city shall not receive any apportionment from the municipal state-aid street fund unless its population is determined to be 5,000 or over by a federal census. The governing body of the city may contract with the United States Bureau of the Census to take one special census before January 1, 1986. A certified copy of the results of the census shall be filed with the appropriate state authorities by the city. The result of the census shall be the population of the city for the purposes of any law providing that population is a required qualification for distribution of highway aids under chapter 162. The special census shall remain in effect until the 1990 federal census is completed and filed. The expense of taking the special census shall be paid by the city.

(c) If an entire area not heretofore incorporated as a city is incorporated as such during the interval between federal censuses, its population shall be determined by its incorporation census. The incorporation census shall be determinative of the population of the city only until the next federal census.

(d) The population of a city created by the consolidation of two or more previously incorporated cities shall be determined by the most recent population estimate of the metropolitan council or state demographer, until the first federal decennial census or special census taken after the consolidation.

(e) The population of a city that is not receiving a municipal state-aid street fund apportionment shall be determined, upon request of the city, by the most recent population estimate of the metropolitan council or state demographer. A municipal state-aid street fund apportionment received by the city must be based on this population estimate until the next federal decennial census or special census.

Sec. 20. Minnesota Statutes 1996, section 162.181, subdivision 1, is amended to read:

Subdivision 1. [LIMITATION ON AMOUNT.] Except as otherwise provided herein, any county may, in accordance with chapter 475, issue and sell its obligations, the total amount thereof not to exceed the total of the preceding two years state-aid allotments, for the purpose of establishing, locating, relocating, constructing, reconstructing, and improving county state-aid highways therein and constructing buildings and other facilities for maintaining county state-aid highways. In the resolution providing for the issuance of the obligations, the county board of the county shall irrevocably pledge and appropriate to the sinking fund from which the obligations are payable, an amount of the moneys money allotted or to be allotted to the county from its account in the county state-aid highway fund sufficient to pay the principal of and the interest on the obligations as they respectively come due. The obligations shall be issued in the amounts and on terms such that the amount of principal and interest due in any calendar year on the obligations, including any similar obligations of the county which are outstanding, shall not exceed 50 percent of the amount of the last annual allotment preceding the bond issue received by the county from the construction account in the county state-aid highway fund. All interest on the obligations shall be paid out of the county's normal maintenance account in the county state-aid highway fund. The obligations may be made general obligations, but if moneys money of the county other than moneys money received from the county state-aid highway fund, are used for payment of the obligations, the moneys money so used shall be restored to the appropriate fund from the moneys money next received by the county from the construction or maintenance account in the county state-aid highway fund which are not required to be paid into a sinking fund for obligations.

Sec. 21. Minnesota Statutes 1996, section 162.181, subdivision 3, is amended to read:

Subd. 3. [PROCEEDS TO BE USED FOR SPECIFIC PURPOSES.] Moneys Money received from the sale of the obligations and spent for the establishment, location, relocation, construction, reconstruction, and improvement of county state-aid highways within the county shall be spent only in accordance with other provisions of law and the rules of the transportation commissioner relating to the establishment, location, relocation, construction, reconstruction, and improvement of county state-aid highways within the county issuing the obligations those purposes.


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Sec. 22. Minnesota Statutes 1996, section 168.011, subdivision 9, is amended to read:

Subd. 9. [BUS; INTERCITY BUS.] (a) "Bus" means (1) every motor vehicle designed for carrying more than 15 passengers including the driver and used for transporting persons, and (2) every motor vehicle that is (i) designed for carrying more than ten passengers including the driver, (ii) used for transporting persons, and (iii) owned by a nonprofit organization and not operated for hire or for commercial purposes, or (3) every motor vehicle certified by the department of transportation as a special transportation service provider vehicle and receiving reimbursement as provided in section 256B.0625, subdivision 17.

(b) "Intercity bus" means any bus operating as a common passenger carrier over regular routes and between fixed termini, but excluding all buses operating wholly within the limits of one city, or wholly within two or more contiguous cities, or between contiguous cities and a terminus outside the corporate limits of such cities, and not more than 20 miles distant measured along the fixed route from such corporate limits.

Sec. 23. [168.1235] [VETERANS SERVICE ORGANIZATIONS; SPECIAL LICENSE PLATE STICKERS.]

Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On payment of a fee of $10 for each set of two license plates, or for a single plate in the case of a motorcycle plate, payment of the registration tax required by law, and compliance with other laws relating to the registration and licensing of a passenger automobile, pickup truck, van, self-propelled recreational equipment, or motorcycle, as applicable, the registrar shall issue a special license plate sticker for each plate to an applicant who is a member of a congressionally chartered veterans service organization and is an owner or joint owner of a passenger automobile, pickup truck, van, self-propelled recreational equipment, or motorcycle.

(b) The additional fee of $10 is payable at the time of initial application for the special license plate stickers and when the license plates must be replaced or renewed. An applicant must not be issued more than two sets of special license plate stickers for vehicles listed in paragraph (a) and owned or jointly owned by the applicant.

(c) The commissioner of veterans affairs shall determine what documentation is required by each applicant to show that the applicant is a member of a congressionally chartered veterans service organization and is entitled to the special license plate stickers.

Subd. 2. [DESIGN.] (a) The commissioner of veterans affairs, after consultation with each of the congressionally chartered veterans service organizations, shall design the special license plate stickers, subject to the approval of the registrar. The emblem, symbol, or other pictorial representation on the sticker must be at least as large as the letters and numerals on the plate and the registrar shall allow for plates with spaces for the stickers in place of a numeral or letter.

(b) Each congressionally chartered veterans service organization must arrange for any applicable rules of the national organization to be changed or copyrights to be released before the commissioner may issue special license plate stickers to members of any particular service organization under this section.

Subd. 3. [NUMBER ESTIMATED.] The commissioner of veterans affairs shall estimate the number of special plate stickers that will be required and submit the estimate to the registrar.

Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 168.12 or other law to the contrary, on payment of a fee of $5, the special plate stickers issued under subdivision 1, may be transferred to other license plates on a passenger automobile, pickup truck, van, motorcycle, or self-propelled recreational equipment owned or jointly owned by the person to whom the stickers were issued.

Subd. 5. [FEES CREDITED.] Fees collected under this section must be paid into the state treasury and credited to the highway user tax distribution fund.

Sec. 24. Minnesota Statutes 1996, section 168.1291, subdivision 1, is amended to read:

Subdivision 1. [DEFINITION.] For purposes of this section "special license plates" means license plates issued under sections 168.12, subdivisions 2b to 2e; 168.123; 168.1235; 168.129; 168.1292; and 168.1296.


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Sec. 25. Minnesota Statutes 1996, section 168A.29, subdivision 1, is amended to read:

Subdivision 1. [AMOUNTS.] (a) The department shall be paid the following fees:

(1) for filing an application for and the issuance of an original certificate of title, the sum of $2;

(2) for each security interest when first noted upon a certificate of title, including the concurrent notation of any assignment thereof and its subsequent release or satisfaction, the sum of $2, except that no fee is due for a security interest filed by a public authority under section 168A.05, subdivision 8;

(3) for the transfer of the interest of an owner and the issuance of a new certificate of title, the sum of $2;

(4) for each assignment of a security interest when first noted on a certificate of title, unless noted concurrently with the security interest, the sum of $1;

(5) for issuing a duplicate certificate of title, the sum of $4.

(b) After June 30, 1994, in addition to each of the fees required under paragraph (a), clauses (1) and (3), the department shall be paid:

(1) from July 1, 1994, to June 30, 1997, $3.50; but then

(2) after June 30, 1997, $1.

The additional fee collected under this paragraph must be deposited in the transportation services special revenue fund and credited to the state patrol public safety motor vehicle account established in section 299D.10 299A.70.

Sec. 26. Minnesota Statutes 1996, section 169.06, subdivision 4, is amended to read:

Subd. 4. [OBEDIENCE TO AND REQUIRED TRAFFIC-CONTROL DEVICES.] (a) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

(b) No provision of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.

(c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

(d) Any official traffic-control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.

(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person operating a motor vehicle that has been stopped by a flagger in a designated work zone may proceed after stopping only on instruction by the flag person.

Sec. 27. Minnesota Statutes 1996, section 169.14, subdivision 3, is amended to read:

Subd. 3. [REDUCED SPEED REQUIRED.] (a) The driver of any vehicle shall, consistent with the requirements, drive at an appropriate reduced speed when:

(1) approaching and crossing an intersection or railway grade crossing, when;


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(2) approaching and going around a curve, when;

(3) approaching a hill crest, when;

(4) traveling upon any narrow or winding roadway, and when; or

(5) special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(b) The driver of any vehicle shall ensure that the vehicle is kept under control whenever approaching or passing an authorized emergency vehicle stopped with emergency lights flashing on the right-of-way of any street or highway. The exercise of control required for a driver to comply with this paragraph is that control possible and necessary by the driver to prevent injury to person or property and to avoid interference with the performance of emergency duties by emergency personnel.

(c) A person who violates paragraph (b) shall be assessed an additional surcharge equal to two times the amount of the fine imposed for the speed violation, but not less than $50.

Sec. 28. Minnesota Statutes 1996, section 169.85, is amended to read:

169.85 [WEIGHING; PENALTY.]

Subdivision 1. [DRIVERS TO STOP FOR WEIGHING.] The driver of a vehicle which has been lawfully stopped may be required by a peace officer to submit the vehicle and load to a weighing by means of portable or stationary scales, and the peace officer may require that the vehicle be driven to the nearest available scales if the distance to the scales is no further than five miles, or if the distance from the point where the vehicle is stopped to the vehicle's destination is not increased by more than ten miles as a result of proceeding to the nearest available scales. Official traffic control devices as authorized by section 169.06 may be used to direct the driver to the nearest scale. When a truck weight enforcement operation is conducted by means of portable or stationary scales and signs giving notice of the operation are posted within the highway right-of-way and adjacent to the roadway within two miles of the operation, the driver of a truck or combination of vehicles registered for or weighing in excess of 12,000 pounds shall proceed to the scale site and submit the vehicle to weighing and inspection.

Subd. 2. [UNLOADING.] Upon weighing a vehicle and load, as provided in this section, an officer may require the driver to stop the vehicle in a suitable place and remain standing until a portion of the load is removed that is sufficient to reduce the gross weight of the vehicle to the limit permitted under section 169.825. A suitable place is a location where loading or tampering with the load is not prohibited by federal, state, or local law, rule or ordinance. A driver may be required to unload a vehicle only if the weighing officer determines that (a) on routes subject to the provisions of section 169.825, the weight on an axle exceeds the lawful gross weight prescribed by section 169.825, by 2,000 pounds or more, or the weight on a group of two or more consecutive axles in cases where the distance between the centers of the first and last axles of the group under consideration is ten feet or less exceeds the lawful gross weight prescribed by section 169.825, by 4,000 pounds or more; or (b) on routes designated by the commissioner in section 169.832, subdivision 11, the overall weight of the vehicle or the weight on an axle or group of consecutive axles exceeds the maximum lawful gross weights prescribed by section 169.825; or (c) the weight is unlawful on an axle or group of consecutive axles on a road restricted in accordance with section 169.87. Material unloaded must be cared for by the owner or driver of the vehicle at the risk of the owner or driver.

Subd. 3. [VIOLATION.] A driver of a vehicle who (1) fails or refuses to stop and submit the vehicle and load to a weighing as required in this section, or who (2) fails or refuses, when directed by an officer upon a weighing of the vehicle, to stop the vehicle and otherwise comply with the provisions of this section, or (3) fails to comply with an official traffic control device as authorized by section 169.06 that directs the driver to the nearest scale is guilty of a misdemeanor.

Subd. 4. [ARREST.] A peace officer may arrest the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of subdivision 3 within the past four hours.

Subd. 5. [IDENTIFICATION OF DRIVER.] A person who owns or leases a motor vehicle that a peace officer has probable cause to believe has been operated in violation of subdivision 3 must identify the driver of the motor vehicle upon request of the peace officer. Violation of this subdivision is a petty misdemeanor.


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Sec. 29. Minnesota Statutes 1996, section 169.974, subdivision 2, is amended to read:

Subd. 2. [LICENSE REQUIREMENTS.] No person shall operate a motorcycle on any street or highway without having a valid standard driver's license with a two-wheeled vehicle endorsement as provided by law. No such two-wheeled vehicle endorsement shall be issued unless the person applying therefor has in possession a valid two-wheeled vehicle instruction permit as provided herein, has passed a written examination and road test administered by the department of public safety for such endorsement, and, in the case of applicants under 18 years of age, shall present a certificate or other evidence of having successfully completed an approved two-wheeled vehicle driver's safety course in this or another state, in accordance with rules promulgated by the state board of education for courses offered through the public schools, or rules promulgated by the commissioner of public safety for courses offered by a private or commercial school or institute. The commissioner of public safety may waive the road test for any applicant on determining that the applicant possesses a valid license to operate a two-wheeled vehicle issued by a jurisdiction that requires a comparable road test for license issuance. A two-wheeled vehicle instruction permit shall be issued to any person over 16 years of age, who is in possession of a valid driver's license, who is enrolled in an approved two-wheeled vehicle driver's safety course, and who has passed a written examination for such permit and has paid such fee as the commissioner of public safety shall prescribe. A two-wheeled vehicle instruction permit shall be effective for 45 days one year, and may be renewed under rules to be prescribed by the commissioner of public safety.

No person who is operating by virtue of a two-wheeled vehicle instruction permit shall:

(a) carry any passengers on the streets and highways of this state on the motorcycle which the person is operating;

(b) drive the motorcycle at night time;

(c) drive the motorcycle on any highway marked by the commissioner as an interstate highway pursuant to title 23 of the United States Code; or

(d) drive the motorcycle without wearing protective headgear that complies with standards established by the commissioner of public safety.

Notwithstanding the provisions of this subdivision, the commissioner of public safety may, however, issue a special motorcycle permit, restricted or qualified in such manner as the commissioner of public safety shall deem proper, to any person demonstrating a need therefor and unable to qualify for a standard driver's license.

Sec. 30. Minnesota Statutes 1996, section 169.983, is amended to read:

169.983 [SPEEDING VIOLATIONS; CREDIT CARD PAYMENT OF FINES.]

The officer who issues a citation for a violation by a person who does not reside in Minnesota of section 169.14 any provision of this chapter designated as a petty misdemeanor under section 169.89, subdivision 1, shall give the defendant the option to plead guilty to the violation upon issuance of the citation and to pay the fine to the issuing officer with a credit card.

The commissioner of public safety shall adopt rules to implement this section, including specifying the types of credit cards that may be used.

Sec. 31. Minnesota Statutes 1996, section 171.06, subdivision 2a, is amended to read:

Subd. 2a. [MOTORCYCLE ENDORSEMENT RENEWAL FEE INCREASED.] (a) The fee for any duplicate drivers driver's license which is obtained for the purpose of adding a two-wheeled vehicle endorsement is increased by $16 included in the examination fee for each first such duplicate license and $13 for each renewal thereof. The additional fee fees shall be paid into the state treasury and credited as follows:

(1) $8.50 $11 of the additional fee for each combined examination and first duplicate license fees, and $7 of the additional fee for each renewal, must be credited to the motorcycle safety fund which is hereby created; provided that any fee receipts in excess of $750,000 in a fiscal year shall be credited 90 percent to the trunk highway fund and ten percent to the general fund, as provided in section 171.26.


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(2) The remainder of the additional fee fees must be credited to the general fund.

(b) All application forms prepared by the commissioner for two-wheeled vehicle endorsements shall clearly contain the information that of the total fee fees charged for the endorsement, $7 is those fees listed in paragraph (a), clause (1), are dedicated to the motorcycle safety fund.

Sec. 32. Minnesota Statutes 1996, section 171.13, subdivision 5, is amended to read:

Subd. 5. [EXAMINATION FEE FOR VEHICLE ENDORSEMENT.] Any person applying to secure a motorcycle, school bus, tank vehicle, passenger, double-trailer or triple-trailer, or hazardous materials vehicle endorsement on the person's driver's license shall pay a $2.50 examination fee at the place of application.

Sec. 33. Minnesota Statutes 1996, section 171.13, is amended by adding a subdivision to read:

Subd. 6. [INITIAL MOTORCYCLE ENDORSEMENT FEES.] A person applying for a motorcycle endorsement on a driver's license shall pay at the place of application a total fee of $29, which includes the examination fee, endorsement fee, and fee for a duplicate driver's license. Of this amount, $11 must be credited as provided in section 171.06, subdivision 2a, paragraph (a), clause (1), and the remainder must be credited to the general fund.

Sec. 34. Minnesota Statutes 1996, section 171.29, subdivision 2, is amended to read:

Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's license has been revoked as provided in subdivision 1, except under section 169.121 or 169.123, shall pay a $30 fee before the driver's license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1 under section 169.121 or 169.123 shall pay a $250 fee plus a $10 surcharge before the driver's license is reinstated. The $250 fee is to be credited as follows:

(1) Twenty percent shall be credited to the trunk highway fund.

(2) Fifty-five percent shall be credited to the general fund.

(3) Eight percent shall be credited to a separate account to be known as the bureau of criminal apprehension account. Money in this account may be appropriated to the commissioner of public safety and the appropriated amount shall be apportioned 80 percent for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Twelve percent shall be credited to a separate account to be known as the alcohol-impaired driver education account. Money in the account may be is appropriated as follows:

(i) The first $200,000 in a fiscal year is to the commissioner of children, families, and learning for programs in elementary and secondary schools.

(ii) The remainder credited in a fiscal year is appropriated to the commissioner of transportation to be spent as grants to the Minnesota highway safety center at St. Cloud State University for programs relating to alcohol and highway safety education in elementary and secondary schools.

(5) Five percent shall be credited to a separate account to be known as the traumatic brain injury and spinal cord injury account. $100,000 is annually appropriated from the account to the commissioner of human services for traumatic brain injury case management services. The remaining money in the account is annually appropriated to the commissioner of health to establish and maintain the traumatic brain injury and spinal cord injury registry created in section 144.662 and to reimburse the commissioner of economic security for the reasonable cost of services provided under section 268A.03, clause (o).

(c) The $10 surcharge shall be credited to a separate account to be known as the remote electronic alcohol monitoring pilot program account. Up to $250,000 is annually appropriated from this account to the commissioner of corrections for a remote electronic alcohol monitoring pilot program. The unencumbered balance remaining in the first year of the biennium does not cancel but is available for the second year.


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Sec. 35. Minnesota Statutes 1996, section 173.13, subdivision 4, is amended to read:

Subd. 4. [FEES.] The annual fee for each such permit or renewal thereof shall be as follows:

(1) If the advertising area of the advertising device does not exceed 50 square feet, the fee shall be $25 $30.

(2) If the advertising area exceeds 50 square feet but does not exceed 300 square feet, the fee shall be $50 $60.

(3) If the advertising area exceeds 300 square feet, the fee shall be $100 $120.

(4) No fee shall be charged for a permit for official signs and notices as they are defined in section 173.02, except that a fee may be charged for a star city sign erected under section 173.085.

Sec. 36. Minnesota Statutes 1996, section 174.03, is amended by adding a subdivision to read:

Subd. 6a. [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.] If the commissioner considers congestion pricing, tolls, mileage pricing, or public-private partnerships in order to meet the transportation needs of commuters in the department's metropolitan district between 2001 and 2020, the commissioner shall, in cooperation with the metropolitan council and the regional railroad authorities in the district, compare the economics of these financing methods with the economics of nonhighway alternatives for moving commuters. The commissioner shall analyze the economics as they relate to both individuals and to the transportation system.

Sec. 37. Minnesota Statutes 1996, section 299A.38, subdivision 2, is amended to read:

Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers and heads of local law enforcement agencies who buy vests for the use of peace officer employees may apply to the commissioner for reimbursement of funds spent to buy vests. On approving an application for reimbursement, the commissioner shall pay the applicant an amount equal to the lesser of one-half of the vest's purchase price or $300, as adjusted according to subdivision 2a. The political subdivision that employs the peace officer shall pay at least the lesser of one-half of the vest's purchase price or $300, as adjusted according to subdivision 2a. The political subdivision may not deduct or pay its share of the vest's cost from any clothing, maintenance, or similar allowance otherwise provided to the peace officer by the law enforcement agency.

Sec. 38. Minnesota Statutes 1996, section 299A.38, is amended by adding a subdivision to read:

Subd. 2a. [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 1, 1997, the commissioner of public safety shall adjust the $300 reimbursement amounts specified in subdivision 2, and in each subsequent year, on October 1, the commissioner shall adjust the reimbursement amount applicable immediately preceding that October 1 date. The adjusted rate must reflect the annual percentage change in the Consumer Price Index for all urban consumers, published by the federal Bureau of Labor Statistics, occurring in the one-year period ending on the preceding June 1.

Sec. 39. [299A.70] [PUBLIC SAFETY MOTOR VEHICLE ACCOUNT.]

The public safety motor vehicle account is created in the special revenue fund, consisting of the fees collected under section 168A.29, subdivision 1, paragraph (b). Money in the account is annually appropriated to the commissioner for purchasing and equipping department vehicles.

Sec. 40. Minnesota Statutes 1996, section 299C.10, subdivision 4, is amended to read:

Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT; APPROPRIATION.] The superintendent shall collect a fee in an amount to cover the expense for each background check provided for a purpose not directly related to the criminal justice system or required by section 624.7131, 624.7132, or 624.714. The proceeds of the fee must be deposited in a special account. Until July 1, 1997, Money in the account is appropriated to the commissioner to maintain and improve the quality of the criminal record system in Minnesota.


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Sec. 41. Minnesota Statutes 1996, section 299C.46, is amended by adding a subdivision to read:

Subd. 2a. [NONCRIMINAL JUSTICE AGENCY DEFINED.] For the purposes of sections 299C.46 to 299C.49, "noncriminal justice agency" means an agency of a state or an agency of a political subdivision of a state charged with the responsibility of performing checks of state databases connected to the criminal justice data communication network.

Sec. 42. Minnesota Statutes 1996, section 299C.46, subdivision 3, is amended to read:

Subd. 3. [AUTHORIZED USE, FEE.] (a) The criminal justice data communications network shall be used exclusively by:

(1) criminal justice agencies in connection with the performance of duties required by law;

(2) agencies investigating federal security clearances of individuals for assignment or retention in federal employment with duties related to national security, as required by Public Law Number 99-1691; and

(3) other agencies to the extent necessary to provide for protection of the public or property in an emergency or disaster situation.; and

(4) noncriminal justice agencies statutorily mandated, by state or national law, to conduct checks into state databases prior to disbursing licenses or providing benefits.

(b) The commissioner of public safety shall establish a monthly network access charge to be paid by each participating criminal justice agency. The network access charge shall be a standard fee established for each terminal, computer, or other equipment directly addressable by the criminal justice data communications network, as follows: January 1, 1984 to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 connect fee per month.

(c) The commissioner of public safety is authorized to arrange for the connection of the data communications network with the criminal justice information system of the federal government, any adjacent state, or Canada.

Sec. 43. [299D.11] [STATE PATROL; VEHICLE LIGHTING.]

Any motor vehicle of the state patrol that is purchased after July 1, 1997, and used primarily in the enforcement of highway traffic regulations must have all flashing lights authorized under section 169.64, other than turn signals and flashing hazard lights, mounted on the top of the vehicle. This section does not apply to specially marked patrol vehicles described in section 169.98, subdivision 2.

Sec. 44. [360.0151] [AIR SERVICE MARKETING PROGRAM.]

Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of transportation shall establish an air service marketing program to encourage the preservation and expansion of scheduled passenger air carrier service to greater Minnesota. The commissioner may spend funds appropriated from the state airports fund for (1) air service marketing grants and (2) conducting statewide studies to determine the feasibility of air service initiatives. The commissioner may develop a single, recognizable statewide marketing program to increase visibility of and ridership at airports with scheduled air carrier service.

Subd. 2. [GRANTS AUTHORIZED.] (a) The commissioner may make air service marketing grants to political subdivisions that own and operate airports designated by order of the commissioner as key airports. The commissioner shall make a project agreement with each political subdivision receiving a grant under this section that provides for:

(1) a detailed description of the project for which the grant is provided;

(2) a schedule of the project; and

(3) the division of costs of the project between the state and the recipient.

(b) Payments by the commissioner under a project agreement may only be made to reimburse local costs already incurred.


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Subd. 3. [USES OF GRANT.] (a) Costs for the following activities related to commercial passenger air service at the recipient's airport are eligible for reimbursement under this section:

(1) advertising of service;

(2) public relations activities intended to educate the public on the value of the airport and its commercial passenger air service;

(3) marketing studies; or

(4) service improvement activities such as route analysis, service studies, and other activities intended to preserve or increase service from an existing or new-entry air carrier.

(b) A grant under this section may not be used for:

(1) an activity that promotes an airport within the service area of another airport;

(2) a promotional activity that features one specific air carrier at an airport when more than one air carrier serves the airport;

(3) administrative costs associated with the marketing program or with the routine operation of the airport; or

(4) payments to air carriers as fare subsidies, service subsidies, or seat guarantees.

Sec. 45. Minnesota Statutes 1996, section 457A.04, subdivision 2, is amended to read:

Subd. 2. [COSTS.] An assistance agreement must specify those project costs which may be paid in whole or in part with assistance from the commissioner. Assistance agreements may provide that only the following costs may be so paid:

(1) final engineering costs on a commercial navigation facility project;

(2) capital improvements to a commercial navigation facility; and

(3) costs of dredging necessary to open a new commercial navigation facility project, to provide access to on-shore facilities from existing channels, to provide for fleeting operations, and for disposal of dredged material.

The following costs may not be paid with assistance from the commissioner:

(1) the applicant's administrative, insurance, and legal costs;

(2) costs of acquiring project permits;

(3) costs of preparing environmental documents, feasibility studies, or project designs;

(4) interest on money borrowed by the applicant or charged to the applicant for late payment of project costs;

(5) any costs related to the routine maintenance, repair, or operation of a commercial navigation facility; and

(6) costs of dredging to maintain an existing channel; and

(7) costs for a project that involves only dredging.

Sec. 46. Minnesota Statutes 1996, section 473.408, subdivision 7, is amended to read:

Subd. 7. [EMPLOYEE PLAN DISCOUNT PASSES.] The council may offer monthly passes for regular route bus service for sale to employers at a special discount subject to the provisions of this subdivision. An employer may be eligible to purchase passes at a special discount if the employer agrees to establish a payroll deduction plan as a means for its employees to purchase the passes at a price at or below the amount charged by the council. The special discount on passes sold pursuant to this subdivision shall be determined by the council.


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Sec. 47. Minnesota Statutes 1996, section 473.446, subdivision 1a, is amended to read:

Subd. 1a. [TAXATION WITHIN TRANSIT AREA.] For the purposes of sections 473.405 to 473.449, and the metropolitan transit system, the metropolitan council shall levy upon all taxable property within the metropolitan transit area but outside of the metropolitan transit taxing district, defined in subdivision 2, a transit tax, which shall be equal to ten percent of the sum of the levies provided in subdivision 1, clauses (a) to (c). The proceeds of this tax shall be used only for paratransit services or ride sharing programs designed to serve persons located within the transit area but outside of the transit taxing district.

The regional transit board shall annually determine which cities and towns qualify for the 0.510 or 0.765 tax capacity rate reduction and certify this list to the county auditor on or before September 15. No changes shall be made to the list after September 15 of the same levy year.

Sec. 48. [EFFECTIVE DATE.]

(a) Any provision making an appropriation for fiscal year 1997 is effective the day following final enactment.

(b) Sections 9, 11, 40, and 44 are effective the day following final enactment. Sections 10, 16, 20, 21, 34, and 45 are effective July 1, 1997. Section 27 is effective August 1, 1997, and applies to violations occurring on and after that date. Section 18 is effective July 1, 1998."

Delete the title and insert:

"A bill for an act relating to the organization and operation of state government; appropriating money for the department of transportation and other agencies with certain conditions; regulating certain activities and practices; providing for fees; establishing revolving account; requiring a study; amending Minnesota Statutes 1996, sections 16B.335, subdivision 1; 161.082, by adding a subdivision; 162.09, subdivision 4; 162.181, subdivisions 1 and 3; 168.011, subdivision 9; 168.1291, subdivision 1; 168A.29, subdivision 1; 169.06, subdivision 4; 169.14, subdivision 3; 169.85; 169.974, subdivision 2; 169.983; 171.06, subdivision 2a; 171.13, subdivision 5, and by adding a subdivision; 171.29, subdivision 2; 173.13, subdivision 4; 174.03, by adding a subdivision; 299A.38, subdivision 2, and by adding a subdivision; 299C.10, subdivision 4; 299C.46, subdivision 3, and by adding a subdivision; 457A.04, subdivision 2; 473.408, subdivision 7; and 473.446, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapters 162; 168; 299A; 299D; and 360."

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 947 was read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 413 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Evans introduced:

H. F. No. 2153, A bill for an act relating to airports; banning jets at Anoka county airport; providing a criminal penalty; proposing coding for new law in Minnesota Statutes, chapter 473.

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


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Pugh, Seifert, Rifenberg, Pawlenty and Vickerman introduced:

H. F. No. 2154, 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.

Abrams and Long introduced:

H. F. No. 2155, A bill for an act relating to taxation; providing for a study of business taxation; appropriating money.

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

Commers, Larsen, Broecker, Mulder and Kuisle introduced:

H. F. No. 2156, 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.

Jennings, Solberg, Sviggum and Carruthers introduced:

H. F. No. 2157, A bill for an act relating to public administration; regulating public employee and official compensation; amending Minnesota Statutes 1996, sections 3.855, subdivision 3; 15A.081, subdivisions 7b, 8, and 9; 15A.083, subdivisions 5, 6a, and 7; 43A.17, subdivisions 1 and 3; 43A.18, subdivisions 4 and 5; 85A.02, subdivision 5a; 298.22, subdivision 1; and 349A.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 15A; repealing Minnesota Statutes 1996, section 15A.081, subdivisions 1 and 7.

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

Jaros, for the Committee on Economic Development and International Trade, Trimble and Clark introduced:

H. F. No. 2158, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and certain agencies of state government; establishing and modifying certain programs; providing for regulation of certain activities and practices; standardizing certain licensing service fees; establishing and modifying certain fees; modifying housing programs; establishing a task force; providing for a manufactured home park to be a conditional use; requiring reports; amending Minnesota Statutes 1996, sections 38.02, subdivisions 1, 2, and 3; 44A.01, subdivision 2; 60A.075, by adding a subdivision; 60A.23, subdivision 8; 60A.71, by adding a subdivision; 60K.06, subdivision 2; 65B.48, subdivision 3; 72B.04, subdivision 10; 79.253, subdivision 1; 79.255, by adding a subdivision; 79.361, subdivision 1; 79.371, by adding a subdivision; 82.21, subdivision 1; 82B.09, subdivision 1; 115A.908, subdivision 2; 115B.03, subdivision 5; 115C.021, by adding a subdivision; 115C.03, subdivision 9; 115C.08, subdivision 4; 115C.09, subdivision 3, and by adding a subdivision; 115C.13; 116J.551; 116J.552, subdivision 4; 116J.553, subdivision 2; 116J.554, subdivision 1; 116L.04, subdivision 1; 116O.05, by adding a subdivision; 116O.122, subdivision 1; 138.91, by adding a subdivision; 155A.045, subdivision 1; 176.181, subdivision 2a; 268.022, subdivision 2; 268.362, subdivision 2; 268.38, subdivision 7; 268.63; 268.672, subdivision 6, and by adding subdivisions; 268.673, subdivisions 3, 4a, and 5; 268.6751, subdivision 1; 268.677, subdivision 1; 268.681; 270.97; 298.22, by adding a subdivision; 326.86, subdivision 1; 394.25, by adding a subdivision; 446A.04, subdivision 5; 446A.081, subdivisions 1, 4, and 9; 462.357, by adding a subdivision;


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462A.05, subdivisions 14d, 30, 39, and by adding a subdivision; 462A.13; 462A.201, subdivision 2; 462A.205; 462A.206, subdivisions 2 and 4; 462A.207, subdivisions 1, 2, 3, 4, and 6; 462A.21, subdivision 12a; 469.303; and 469.305, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 45; 79; 116J; 268; 366; 462A; and 469; repealing Minnesota Statutes 1996, sections 115A.908, subdivision 3; 268.39; 268.672, subdivision 4; 268.673, subdivision 6; 268.676; 268.677, subdivisions 2 and 3; 268.678; 268.679, subdivision 3; 462A.05, subdivision 20; 462A.206, subdivision 5; and 462A.21, subdivisions 4k, 12, and 14.

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

Skoglund introduced:

H. F. No. 2159, A bill for an act relating to crime; providing increased sentence for second violent crime offense; providing increased sentence for third felony offense; recodifying laws providing other increased and mandatory sentences; providing criminal penalties; authorizing consecutive sentences for felony offenses under certain circumstances; providing for the tolling of a stay of sentence while a defendant serves an executed, consecutive sentence; directing the sentencing guidelines commission to modify its policy on permissive consecutive sentencing; making technical changes; amending Minnesota Statutes 1996, sections 609.135, subdivision 7, and by adding a subdivision; 609.152; 609.347, subdivisions 1, 2, 3, 5, and 6; 609.348; and 631.045; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes, sections 609.1352; and 609.346.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

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

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 255, A bill for an act relating to state agencies; changing the membership of the environmental quality board; amending Minnesota Statutes 1996, section 116C.03, subdivision 2.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 645, A bill for an act relating to insurance; providing a uniform minimum definition of medically necessary care for mental health coverage in health plans; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 41st Day - Top of Page 2291

Mr. Speaker:

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

S. F. Nos. 683, 432, 597, 421, 951, 1722 and 960.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 1669, 244, 1037, 566, 813, 747, 1114 and 1720.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 683, A bill for an act relating to public employment; requiring notice before dissolution of certain self insured employee benefit plans; amending Minnesota Statutes 1996, section 471.617, subdivision 4.

The bill was read for the first time.

Rukavina moved that S. F. No. 683 and H. F. No. 630, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 432, A bill for an act relating to children; modifying execution and consent requirements for designated caregiver agreements; amending Minnesota Statutes 1996, sections 171.07, subdivision 11; 257A.01, subdivision 2, and by adding a subdivision; and 257A.03, subdivision 2.

The bill was read for the first time.

Luther moved that S. F. No. 432 and H. F. No. 626, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 597, A bill for an act relating to human services; establishing an alternative grant application process for categorical social service programs in Pine county.

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

S. F. No. 421, A bill for an act relating to early childhood learning and protection facilities; clarifying grant limitations; amending Minnesota Statutes 1996, section 268.917.

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

S. F. No. 951, A bill for an act relating to county officers; authorizing the county board to assign certain duties of the county auditor and treasurer; proposing coding for new law in Minnesota Statutes, chapter 375A.

The bill was read for the first time.

Tunheim moved that S. F. No. 951 and H. F. No. 1144, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


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S. F. No. 1722, A bill for an act relating to professions and occupations; defining pharmacy technician; amending Minnesota Statutes 1996, sections 151.01, by adding a subdivision; and 151.06, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 151.

The bill was read for the first time.

Delmont moved that S. F. No. 1722 and H. F. No. 2042, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 960, A bill for an act relating to health care; prohibiting contracts that restrict communication between providers and their patients; requiring certain disclosures; requiring health plan companies to provide continuity of care and access to specialty care for certain enrollees; prohibiting certain exclusive arrangements; modifying dispute resolution provisions; requiring identification of health care providers; requiring emergency services coverage; establishing a consumer advisory board; amending Minnesota Statutes 1996, sections 62Q.105, subdivision 1; 62Q.30; 181.932, subdivision 1; and 214.16, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapters 62J; 62Q; and 144.

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

S. F. No. 1669, A bill for an act relating to Benton county; permitting the combining of the offices of auditor and treasurer and appointment to the combined office and to the offices of recorder and coroner; providing for completion of current terms and for a reverse referendum; providing for the reorganization of certain duties and terms of office.

The bill was read for the first time.

Schumacker moved that S. F. No. 1669 and H. F. No. 1840, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 244, A bill for an act relating to health; allowing physicians to prescribe and administer controlled substances in cases of intractable pain; proposing coding for new law in Minnesota Statutes, chapter 152.

The bill was read for the first time.

Leppik moved that S. F. No. 244 and H. F. No. 136, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1037, A bill for an act relating to Scott county; permitting the appointment of the auditor, recorder, and treasurer; providing for a reverse referendum.

The bill was read for the first time.

Wolf moved that S. F. No. 1037 and H. F. No. 1148, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 566, A bill for an act relating to lawful gambling; authorizing certain groupings of paddleticket cards; increasing percentage of lawful gambling gross profits that may be spent for expenses; restricting authority of gambling control board to impose sanctions against lawful gambling premises permits for illegal gambling; increasing maximum bingo prices; amending Minnesota Statutes 1996, sections 297E.04, subdivision 3; 349.12, subdivision 26a; 349.15, subdivision 1; 349.155, by adding a subdivision; 349.16, by adding a subdivision; 349.163, subdivision 8; 349.211, subdivisions 1 and 2; and 609.761, by adding a subdivision.

The bill was read for the first time.

Delmont moved that S. F. No. 566 and H. F. No. 700, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 41st Day - Top of Page 2293

S. F. No. 813, A bill for an act relating to children; providing for transfer of custody of a child to a relative by a consent decree; authorizing communication or contact agreements between adoptive parents and birth relatives; providing for a relative conference and relative care agreement following a report of child abuse or neglect; amending Minnesota Statutes 1996, sections 257.02; 259.59 by adding a subdivision; 260.191, subdivision 3b; 260.241, subdivision 1; and 518.158; proposing coding for new law in Minnesota Statutes, chapters 257; 259; and 626.

The bill was read for the first time.

Wagenius moved that S. F. No. 813 and H. F. No. 1373, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 747, A bill for an act relating to children; child protection; providing a uniform process for children in need of protection or services petitions; providing certain notice in voluntary placements; providing for access to certain data on children; providing for contact and communication agreements in adoption; modifying the reasonable efforts requirement when a child has been placed outside the home; clarifying and modifying time requirements for permanency planning; providing earlier notice to relatives of permanency planning for a child; modifying grounds for termination of parental rights; amending Minnesota Statutes 1996, sections 256E.03, subdivision 2; 257.071, subdivisions 3, 4, and by adding subdivisions; 257.072, subdivision 1; 259.41; 259.59, by adding a subdivision; 259.67, subdivision 2; 260.012; 260.015, subdivisions 2a and 29; 260.131, subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 4, and 8; 260.161, by adding a subdivision; 260.165, subdivision 3; 260.191, subdivisions 3a, 3b, and 4; 260.192; 260.221, subdivisions 1 and 5; and 260.241, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapters 257; and 259; repealing Minnesota Statutes 1996, section 259.33.

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

S. F. No. 1114, A bill for an act relating to claims against governmental units; increasing tort liability limits; amending Minnesota Statutes 1996, sections 3.736, subdivision 4; and 466.04, subdivisions 1 and 3.

The bill was read for the first time.

Pugh moved that S. F. No. 1114 and H. F. No. 1489, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1720, A bill for an act relating to local government; permitting the cities of Bloomington, Chanhassen, Eden Prairie, Edina, Minnetonka, and Richfield to issue general obligation bonds for a joint training facility.

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

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 2147.

H. F. No. 2147 was reported to the House.

Rhodes, Carlson and Folliard moved to amend H. F. No. 2147, the first engrossment, as follows:

Page 2, after line 2, insert:

"Section 1. Minnesota Statutes 1996, section 12.21, subdivision 3, is amended to read:

Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under this chapter and to effect its policy and purpose, the governor may:


Journal of the House - 41st Day - Top of Page 2294

(1) make, amend, and rescind the necessary orders and rules to carry out the provisions of this chapter and section 216C.15 within the limits of the authority conferred by this section, with due consideration of the plans of the federal government and without complying with sections 14.001 to 14.69, but no order or rule has the effect of law except as provided by section 12.32;

(2) ensure that a comprehensive emergency operations plan and emergency management program for this state are developed and maintained, and are integrated into and coordinated with the emergency plans of the federal government and of other states to the fullest possible extent;

(3) in accordance with the emergency operations plan and the emergency management program of this state, procure supplies and equipment, institute training programs and public information programs, and take all other preparatory steps, including the partial or full activation of emergency management organizations in advance of actual disaster to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need;

(4) make studies and surveys of the industries, resources, and facilities in this state as may be necessary to ascertain the capabilities of the state for emergency management and to plan for the most efficient emergency use of those industries, resources, and facilities;

(5) on behalf of this state, enter into mutual aid arrangements or cooperative agreements with other states and with Canadian provinces, and coordinate mutual aid plans between political subdivisions of this state;

(6) delegate administrative authority vested in the governor under this chapter, except the power to make rules, and provide for the subdelegation of that authority;

(7) cooperate with the president and the heads of the armed forces, the emergency management agency of the United States and other appropriate federal officers and agencies, and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation, including the direction or control of:

(i) emergency preparedness drills and exercises;

(ii) warnings and signals for drills or actual emergencies and the mechanical devices to be used in connection with them;

(iii) shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;

(iv) the conduct of persons in the state and the movement and cessation of movement of pedestrians and vehicular traffic during, prior, and subsequent to drills or actual emergencies;

(v) public meetings or gatherings; and

(vi) the evacuation, reception, and sheltering of persons;

(8) contribute to a political subdivision, within the limits of the appropriation for that purpose, not more than 25 percent of the cost of acquiring organizational equipment that meets standards established by the governor;

(9) formulate and execute, with the approval of the executive council, plans and rules for the control of traffic in order to provide for the rapid and safe movement over public highways and streets of troops, vehicles of a military nature, materials for national defense and war or for use in any war industry, for the conservation of critical materials or for emergency management purposes, and coordinate the activities of the departments or agencies of the state and its political subdivisions concerned directly or indirectly with public highways and streets, in a manner that will best effectuate those plans;

(10) alter or adjust by executive order, without complying with sections 14.01 to 14.69, the working hours, work days and work week of, and annual and sick leave provisions and payroll laws regarding all state employees in the executive branch as the governor deems necessary to minimize the impact of the disaster or emergency, conforming the alterations or adjustments to existing state laws, rules, and collective bargaining agreements to the extent practicable;


Journal of the House - 41st Day - Top of Page 2295

(11) authorize the commissioner of children, families, and learning to alter school schedules, curtail school activities, or order schools closed without affecting state aid to schools, as defined in section 120.05, and including charter schools under section 120.064.

Sec. 2. Minnesota Statutes 1996, section 120.05, subdivision 2, is amended to read:

Subd. 2. [DEFINITIONS.] (1) Elementary school means any school with building, equipment, courses of study, class schedules, enrollment of pupils ordinarily in grades 1 prekindergarten through grade 6 or any portion thereof and staff meeting the standards established by the state board of education.

The state board of education shall not close a school or deny any state aids to a district for its elementary schools because of enrollment limitations classified in accordance with the provisions of subdivision 2, clause (1).

(2) Middle school means any school other than a secondary school giving an approved course of study in a minimum of three consecutive grades above 4th but below 10th with building, equipment, courses of study, class schedules, enrollment, and staff meeting the standards established by the state board of education.

(3) Secondary school means any school with building, equipment, courses of study, class schedules, enrollment of pupils ordinarily in grades 7 through 12 or any portion thereof, and staff meeting the standards established by the state board of education.

(4) A vocational center school is one serving a group of secondary schools with approved areas of secondary vocational training and offering vocational secondary and adult programs necessary to meet local needs and meeting standards established by the state board of education."

Page 11, after line 6, insert:

"Sections 1 and 2 apply to the 1997-1998 school year and thereafter."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Reuter, Tomassoni, Solberg, Bettermann, Seifert and Koppendrayer moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 8, after line 9, insert:

"Sec. 14. [YEAR 2000 READY.]

The commissioner of children, families and learning shall ensure that any computer software or hardware that is purchased with money appropriated in this bill must be year 2000 ready."

The motion prevailed and the amendment was adopted.

Sviggum moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 89, after line 26, insert:

"Sec. 73. [GENERAL FUND REDUCTION.]

Reduce by one percent the general fund appropriations for each program in H. F. 2147 for fiscal years 1998 and 1999.


Journal of the House - 41st Day - Top of Page 2296

Restore the amount of the reduction to the general fund for return to the taxpayers of Minnesota."

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 44 yeas and 89 nays as follows:

Those who voted in the affirmative were:

Abrams Daggett Krinkie Olson, M. Stanek Weaver
Anderson, B. Erhardt Kuisle Osskopp Sviggum Westfall
Bettermann Haas Larsen Paulsen Swenson, D. Westrom
Bishop Harder Lindner Reuter Swenson, H. Wolf
Boudreau Knight Macklin Rifenberg Tompkins
Bradley Knoblach Mares Seagren Tuma
Broecker Koppendrayer McElroy Seifert Van Dellen
Commers Kraus Molnau Smith Vickerman

Those who voted in the negative were:

Anderson, I. Finseth Johnson, A. Mariani Otremba Slawik
Bakk Folliard Johnson, R. Marko Ozment Solberg
Biernat Garcia Juhnke McCollum Pawlenty Stang
Carlson Goodno Kahn McGuire Paymar Sykora
Chaudhary Greenfield Kalis Milbert Pelowski Tingelstad
Clark Greiling Kelso Mulder Peterson Tomassoni
Davids Gunther Kielkucki Mullery Pugh Trimble
Dawkins Hasskamp Koskinen Munger Rest Tunheim
Dehler Hausman Kubly Murphy Rhodes Wagenius
Delmont Hilty Leighton Ness Rostberg Wejcman
Dempsey Holsten Leppik Nornes Rukavina Wenzel
Dorn Huntley Lieder Olson, E. Schumacher Winter
Entenza Jaros Long Opatz Sekhon Workman
Evans Jefferson Luther Orfield Skare Spk. Carruthers
Farrell Jennings Mahon Osthoff Skoglund

The motion did not prevail and the amendment was not adopted.

Sviggum moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 84, after line 30, insert:

"Sec. 67. Minnesota Statutes 1996, section 245A.03, subdivision 2, is amended to read:

Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 245A.16 do not apply to:

(1) residential or nonresidential programs that are provided to a person by an individual who is related unless the residential program is a foster care placement made by a local social services agency or a licensed child-placing agency, except as provided in subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons from a single related family, except as provided in clause (25);


Journal of the House - 41st Day - Top of Page 2297

(3) residential or nonresidential programs that are provided to adults who do not abuse chemicals or who do not have a chemical dependency, a mental illness, mental retardation or a related condition, a functional impairment, or a physical handicap;

(4) sheltered workshops or work activity programs that are certified by the commissioner of economic security;

(5) programs for children enrolled in kindergarten to the 12th grade and prekindergarten special education in a school as defined in section 120.101, subdivision 4, and programs serving children in combined special education and regular prekindergarten programs that are operated or assisted by the commissioner of children, families, and learning;

(6) nonresidential programs primarily for children that provide care or supervision, without charge for ten or fewer days a year, and for periods of less than three hours a day while the child's parent or legal guardian is in the same building as the nonresidential program or present within another building that is directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as specified under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that provide services for five or more persons whose primary diagnosis is mental illness who have refused an appropriate residential program offered by a county agency. This exclusion expires on July 1, 1990;

(9) homes providing programs for persons placed there by a licensed agency for legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that operate for fewer than 40 calendar days in a calendar year;

(12) programs operated by a school as defined in section 120.101, subdivision 4, whose primary purpose is to provide child care to school-age children, provided the program is approved by the district's school board;

(13) head start nonresidential programs which operate for less than 31 days in each calendar year;

(14) noncertified boarding care homes unless they provide services for five or more persons whose primary diagnosis is mental illness or mental retardation;

(15) nonresidential programs for nonhandicapped children provided for a cumulative total of less than 30 days in any 12-month period;

(16) residential programs for persons with mental illness, that are located in hospitals, until the commissioner adopts appropriate rules;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the congregate care of children by a church, congregation, or religious society during the period used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 4630;

(19) mental health outpatient services for adults with mental illness or children with emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural or educational exchange, until the commissioner adopts appropriate rules;

(21) unrelated individuals who provide out-of-home respite care services to persons with mental retardation or related conditions from a single related family for no more than 90 days in a 12-month period and the respite care services are for the temporary relief of the person's family or legal representative;


Journal of the House - 41st Day - Top of Page 2298

(22) respite care services provided as a home and community-based service to a person with mental retardation or a related condition, in the person's primary residence;

(23) community support services programs as defined in section 245.462, subdivision 6, and family community support services as defined in section 245.4871, subdivision 17; or

(24) the placement of a child by a birth parent or legal guardian in a preadoptive home for purposes of adoption as authorized by section 259.47; or

(25) nonresidential child care programs or services that are provided by an unrelated individual to persons from a single related family or two or more other unrelated families, provided that the individual provides services to no more than four children who are unrelated to the individual.

For purposes of clause (6), a building is directly contiguous to a building in which a nonresidential program is located if it shares a common wall with the building in which the nonresidential program is located or is attached to that building by skyway, tunnel, atrium, or common roof."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams Erhardt Koppendrayer Ness Rostberg Tompkins
Anderson, B. Finseth Kraus Nornes Seagren Tuma
Bettermann Goodno Krinkie Olson, M. Seifert Van Dellen
Boudreau Gunther Kuisle Osskopp Smith Weaver
Bradley Haas Larsen Ozment Stanek Westfall
Broecker Harder Leppik Paulsen Stang Westrom
Commers Holsten Lindner Pawlenty Sviggum Wolf
Daggett Jennings Macklin Peterson Swenson, D. Workman
Davids Kielkucki Mares Reuter Swenson, H.
Dehler Knight McElroy Rhodes Sykora
Dempsey Knoblach Molnau Rifenberg Tingelstad

Those who voted in the negative were:

Anderson, I. Folliard Juhnke Marko Otremba Tomassoni
Bakk Garcia Kahn McCollum Paymar Trimble
Biernat Greenfield Kalis McGuire Pelowski Tunheim
Carlson Greiling Kelso Milbert Pugh Vickerman
Chaudhary Hasskamp Koskinen Mulder Rest Wagenius
Clark Hausman Kubly Mullery Rukavina Wejcman
Dawkins Hilty Leighton Munger Schumacher Wenzel
Delmont Huntley Lieder Murphy Sekhon Winter
Dorn Jaros Long Olson, E. Skare Spk. Carruthers
Entenza Jefferson Luther Opatz Skoglund
Evans Johnson, A. Mahon Orfield Slawik
Farrell Johnson, R. Mariani Osthoff Solberg

The motion did not prevail and the amendment was not adopted.


Journal of the House - 41st Day - Top of Page 2299

Lindner moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 11, delete lines 11 to 36

Delete pages 12 and 13

Page 14, delete lines 1 and 2

Renumber sections in sequence

Page 28, delete lines 4 to 7

Renumber subdivisions in sequence

Amend the title accordingly

Reduce the general fund appropriation for fiscal years 1998 and 1999 to the department of children, families and learning by $50,000 and restore to the general fund for return to the taxpayers of Minnesota.

A roll call was requested and properly seconded.

The question was taken on the Lindner amendment and the roll was called. There were 64 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams Dempsey Koppendrayer Mulder Rostberg Tompkins
Anderson, B. Erhardt Kraus Ness Seagren Tuma
Bettermann Finseth Krinkie Nornes Seifert Van Dellen
Bishop Goodno Kuisle Olson, M. Smith Vickerman
Boudreau Gunther Larsen Osskopp Stanek Weaver
Bradley Haas Leppik Ozment Stang Westfall
Broecker Harder Lindner Paulsen Sviggum Westrom
Commers Holsten Macklin Pawlenty Swenson, D. Wolf
Daggett Kielkucki Mares Reuter Swenson, H. Workman
Davids Knight McElroy Rhodes Sykora
Dehler Knoblach Molnau Rifenberg Tingelstad

Those who voted in the negative were:

Anderson, I. Folliard Johnson, R. Mariani Otremba Solberg
Bakk Garcia Juhnke Marko Paymar Tomassoni
Biernat Greenfield Kahn McCollum Pelowski Trimble
Carlson Greiling Kalis McGuire Peterson Tunheim
Chaudhary Hasskamp Kelso Milbert Pugh Wagenius
Clark Hausman Koskinen Mullery Rest Wejcman
Dawkins Hilty Kubly Munger Rukavina Wenzel
Delmont Huntley Leighton Murphy Schumacher Winter
Dorn Jaros Lieder Olson, E. Sekhon Spk. Carruthers
Entenza Jefferson Long Opatz Skare
Evans Jennings Luther Orfield Skoglund
Farrell Johnson, A. Mahon Osthoff Slawik

The motion did not prevail and the amendment was not adopted.


Journal of the House - 41st Day - Top of Page 2300

Sviggum moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 87, line 10, delete "$2,600,000" and insert "$4,865,000"

Page 87, line 11, delete "$1,340,000" and insert "$1,865,000"

Page 87, delete lines 14 to 36

Delete page 88

Page 89, delete lines 1 to 16

Reduce the general fund appropriation for fiscal years 1998 and 1999 to the department of children, families and learning by $3,300,000 and restore to the general fund for return to the taxpayers of Minnesota.

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 52 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Abrams Dehler Koppendrayer Molnau Seagren Tuma
Anderson, B. Erhardt Kraus Mulder Seifert Van Dellen
Bettermann Gunther Krinkie Olson, M. Smith Weaver
Boudreau Haas Kuisle Osskopp Stanek Westfall
Bradley Harder Larsen Ozment Sviggum Westrom
Broecker Holsten Lindner Paulsen Swenson, D. Wolf
Commers Kielkucki Macklin Pawlenty Swenson, H. Workman
Daggett Knight Mares Reuter Sykora
Davids Knoblach McElroy Rifenberg Tompkins

Those who voted in the negative were:

Anderson, I. Folliard Juhnke McCollum Pelowski Tingelstad
Bakk Garcia Kahn McGuire Peterson Tomassoni
Biernat Goodno Kalis Milbert Pugh Trimble
Carlson Greenfield Kelso Mullery Rest Tunheim
Chaudhary Greiling Koskinen Munger Rhodes Vickerman
Clark Hasskamp Kubly Murphy Rostberg Wagenius
Dawkins Hausman Leighton Ness Rukavina Wejcman
Delmont Hilty Leppik Nornes Schumacher Wenzel
Dempsey Huntley Lieder Olson, E. Sekhon Winter
Dorn Jaros Long Opatz Skare Spk. Carruthers
Entenza Jefferson Luther Orfield Skoglund
Evans Jennings Mahon Osthoff Slawik
Farrell Johnson, A. Mariani Otremba Solberg
Finseth Johnson, R. Marko Paymar Stang

The motion did not prevail and the amendment was not adopted.

Tompkins moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 28, line 33, after the period, insert "Pregnancy prevention means to prevent pregnancies from occurring, and does not include abortion referral or services."

A roll call was requested and properly seconded.


Journal of the House - 41st Day - Top of Page 2301

The question was taken on the Tompkins amendment and the roll was called. There were 124 yeas and 8 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Clark Greenfield Huntley Paymar Trimble
Dawkins Hausman Jaros

The motion prevailed and the amendment was adopted.

Haas moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 8, line 30, delete "$14,970,000" and insert "$17,148,000"

Page 8, line 34, delete "$13,396,000" and insert "$15,574,000"

Page 8, after line 34, insert:

"Of the 1999 appropriation, up to $2,178,000 may be used for one-time grants to early childhood and family education programs. A district that complies with Minnesota Statutes, section 121.882, shall receive an additional grant for fiscal year 1999 equal to $6 times the greater of:

(1) 150; or

(2) the number of people under five years of age residing in the school district on October 1 of the previous school year. These grants may be used only for early childhood family education programs."

Page 10, delete lines 7 to 15

Page 21, delete Section 11

Page 28, delete lines 8 to 33


Journal of the House - 41st Day - Top of Page 2302

Page 29, delete lines 6 to 36

Page 30, delete lines 1 to 8

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Haas amendment and the roll was called. There were 52 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Abrams Dehler Knoblach Molnau Seifert Van Dellen
Anderson, B. Erhardt Koppendrayer Olson, M. Smith Vickerman
Bishop Finseth Kraus Osskopp Stanek Weaver
Boudreau Goodno Krinkie Ozment Stang Westfall
Bradley Haas Kuisle Paulsen Sviggum Westrom
Broecker Harder Larsen Reuter Swenson, D. Wolf
Commers Holsten Lindner Rifenberg Swenson, H. Workman
Daggett Kielkucki Macklin Rostberg Tompkins
Davids Knight Mares Seagren Tuma

Those who voted in the negative were:

Anderson, I. Garcia Kahn McElroy Pawlenty Sykora
Bakk Greenfield Kalis McGuire Paymar Tingelstad
Biernat Greiling Kelso Milbert Pelowski Tomassoni
Carlson Gunther Koskinen Mulder Peterson Trimble
Chaudhary Hasskamp Kubly Mullery Pugh Tunheim
Clark Hausman Leighton Munger Rest Wagenius
Dawkins Hilty Leppik Murphy Rhodes Wejcman
Delmont Huntley Lieder Ness Rukavina Wenzel
Dempsey Jaros Long Nornes Schumacher Winter
Dorn Jefferson Luther Olson, E. Sekhon Spk. Carruthers
Entenza Jennings Mahon Opatz Skare
Evans Johnson, A. Mariani Orfield Skoglund
Farrell Johnson, R. Marko Osthoff Slawik
Folliard Juhnke McCollum Otremba Solberg

The motion did not prevail and the amendment was not adopted.

Sviggum moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 16, delete lines 31 to 36

Page 17, delete lines 1 to 14

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.


Journal of the House - 41st Day - Top of Page 2303

Sviggum moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 86, reduce the general fund appropriation for fiscal years 1998 and 1999 to the department of children, families and learning for child care assistance by $10,000,000 and restore it to the general fund for return to the taxpayers of Minnesota.

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 17 yeas and 116 nays as follows:

Those who voted in the affirmative were:

Abrams Bradley Knight Kuisle Reuter Tompkins
Anderson, B. Broecker Koppendrayer Lindner Rifenberg Van Dellen
Bishop Commers Krinkie Olson, M. Sviggum

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

Kraus, Kuisle, Larsen and Davids moved to amend H. F. No. 2147, the first engrossment, as amended, as follows:

Page 62, delete section 30

Page 86, delete lines 32 to 35

Renumber the sections and subdivisions in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 41st Day - Top of Page 2304

The question was taken on the Kraus et al amendment and the roll was called. There were 12 yeas and 121 nays as follows:

Those who voted in the affirmative were:

Broecker Holsten Krinkie Larsen McCollum Slawik
Davids Kraus Kuisle Macklin Rukavina Van Dellen

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

H. F. No. 2147, A bill for an act relating to education; providing for early childhood education, community, prevention, and self-sufficiency programs; appropriating money; amending Minnesota Statutes 1996, sections 15.53, subdivision 2; 119A.01, subdivision 3; 119A.04, subdivision 6, and by adding a subdivision; 119A.13, subdivisions 2, 3, and 4; 119A.14; 119A.15, subdivisions 2, 5, and by adding a subdivision; 119A.16; 119A.31, subdivisions 1 and 2; 119B.01, subdivisions 8, 9, 12, 16, 17, and by adding subdivisions; 119B.02; 119B.03, subdivisions 3, 4, 5, 6, 7, 8, and by adding subdivisions; 119B.04; 119B.05, subdivisions 1, 5, 6, and by adding a subdivision; 119B.07; 119B.08, subdivisions 1 and 3; 119B.09, subdivisions 1, 2, and by adding subdivisions; 119B.10, subdivision 1; 119B.11, subdivisions 1, 3, and by adding a subdivision; 119B.12; 119B.13, subdivision 1, and by adding subdivisions; 119B.15; 119B.16, subdivision 1; 119B.18, by adding a subdivision; 119B.20, subdivisions 7, 9, and 10; 119B.21, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11; 121.831, subdivisions 3 and 4; 121.8355, subdivision 1; 121.88, subdivisions 1, 10, and by adding a subdivision; 121.882, subdivisions 2 and 6; 124.17, subdivision 2e; 124.26, subdivision 2, and by adding a subdivision; 124.2601, subdivisions 3, 4, 5, 6, and by adding a subdivision; 124.261, subdivision 1; 124.2615, subdivisions 1 and 2; 124.2711, subdivisions 1 and 2a; 124.2713, subdivisions 6 and 8; 124.2716, subdivision 3; 268.38, by adding a subdivision; 268.53, subdivision 5; 268.55, by adding a subdivision; 268.912; 268.913, subdivisions 2 and 4; and 268.914, subdivision 1; Laws 1996, chapter 463, section 4, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapters 119A; and 119B; repealing Minnesota Statutes 1996, sections 119B.03, subdivision 7; 119B.05, subdivisions 2 and 3; 119B.11, subdivision 2; 119B.19, subdivision 2; 119B.21, subdivision 7; 121.8355, subdivision 1a; and 268.913, subdivision 5.

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


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The question was taken on the passage of the bill and the roll was called. There were 122 yeas and 11 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B. Davids Krinkie Larsen Olson, M. Van Dellen
Bradley Knight Kuisle Lindner Sviggum

The bill was passed, as amended, and its title agreed to.

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Ozment moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 16, 1997, when the vote was taken on the final passage of S. F. No. 1675." The motion prevailed.

Smith moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 16, 1997, when the vote was taken on the final passage of S. F. No. 1675." The motion prevailed.

Schumacher moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 16, 1997, when the vote was taken on the Van Dellen amendment, as amended, to S. F. No. 1888, the unofficial engrossment, as amended." The motion prevailed.

Trimble moved that H. F. No. 1376 be returned to its author. The motion prevailed.

Erhardt moved that H. F. No. 1587 be returned to its author. The motion prevailed.


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ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Friday, April 18, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Friday, April 18, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives