EIGHTY-FIRST SESSION 2000
__________________
SEVENTY-SECOND DAY
Saint Paul, Minnesota, Monday, February 14, 2000
This Journal as a PDF document
The House of Representatives convened at 3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Clarence St. John, Superintendent of the Minnesota District Council of the Assemblies of God, Minneapolis, Minnesota.
The members of the House gave the pledge of allegiance to the flag of the United States of America.
The roll was called and the following members were present:
Abeler | Dorman | Holsten | Luther | Paulsen | Swapinski | |
Abrams | Dorn | Howes | Mahoney | Pawlenty | Swenson | |
Anderson, B. | Entenza | Huntley | Mares | Paymar | Sykora | |
Anderson, I. | Erhardt | Jaros | Mariani | Pelowski | Tingelstad | |
Bakk | Erickson | Jennings | Marko | Peterson | Tomassoni | |
Biernat | Finseth | Johnson | McCollum | Pugh | Trimble | |
Bishop | Folliard | Juhnke | McElroy | Rest | Tuma | |
Boudreau | Fuller | Kahn | McGuire | Reuter | Tunheim | |
Bradley | Gerlach | Kalis | Milbert | Rhodes | Van Dellen | |
Broecker | Gleason | Kelliher | Molnau | Rifenberg | Vandeveer | |
Buesgens | Goodno | Kielkucki | Mulder | Rostberg | Wagenius | |
Carlson | Gray | Knoblach | Mullery | Rukavina | Wejcman | |
Carruthers | Greiling | Koskinen | Murphy | Schumacher | Wenzel | |
Cassell | Gunther | Krinkie | Ness | Seagren | Westerberg | |
Chaudhary | Haake | Kubly | Nornes | Seifert, J. | Westfall | |
Clark, J. | Haas | Kuisle | Olson | Seifert, M. | Westrom | |
Clark, K. | Hackbarth | Larsen, P. | Opatz | Skoe | Wilkin | |
Daggett | Harder | Larson, D. | Orfield | Skoglund | Winter | |
Davids | Hasskamp | Leighton | Osskopp | Smith | Wolf | |
Dawkins | Hausman | Lenczewski | Osthoff | Stanek | Workman | |
Dehler | Hilty | Lieder | Otremba | Stang | Spk. Sviggum | |
Dempsey | Holberg | Lindner | Ozment | Storm | ||
A quorum was present.
Greenfield, Leppik and Solberg were excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Olson moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Workman from the Committee on Transportation Policy to which was referred:
H. F. No. 919, A bill for an act relating to railroads; extending right of first refusal to leaseholders of real property in railroad right-of-way; requiring railroad interests to provide notice; making technical changes; amending Minnesota Statutes 1998, sections 222.631; and 222.632.
Reported the same back with the following amendments:
Pages 2 and 3, delete section 2 and insert:
"Sec. 2. Minnesota Statutes 1998, section 222.632, is amended to read:
222.632 [RIGHT OF FIRST REFUSAL.]
Subdivision 1. [OFFERS TO SELL OR LEASE.] A railroad interest that is in bankruptcy
proceedings or a nonrailroad lessor may not sell or offer for sale, or lease or offer to lease, an
interest in real property that is within the railroad right-of-way, a railroad interest that is abandoning
a railroad line may not sell or offer for sale an interest in real property within the right-of-way to be abandoned, and
a nonrailroad lessor may not sell or offer for sale an interest in real property within the right-of-way with respect to
which it is a nonrailroad lessor, to a person who is not a leaseholder with respect to the property unless
it first extends a written offer to sell or lease that interest at a fair market value price to each person who
is a leaseholder with respect to the property.
Subd. 2. [RESPONSES TO OFFERS TO SELL OR LEASE.] Leaseholders must respond to the offer within 60 days of receipt of the notice and the railroad interest must negotiate in good faith with an interested leaseholder for a period of 90 days following the leaseholder's response. After the 90-day negotiation period, either party may file a notice of dispute with the commissioner of transportation under section 222.633. The property may not be sold or leased to a party other than the leaseholder during the response and negotiation periods or while a dispute is pending before the commissioner.
Subd. 3. [NOTICE.] A railroad interest or nonrailroad lessor making an offer to a leaseholder under subdivision 1 must provide with the offer a notice that states the following: "THE PROPOSED SALE OR LEASE OF PROPERTY WITHIN A RAILROAD RIGHT-OF-WAY IS SUBJECT TO MINNESOTA STATUTES, SECTIONS 222.631 TO 222.633. YOU MUST RESPOND TO THE WRITTEN OFFER WITHIN 60 DAYS AFTER THE RECEIPT OF THIS NOTICE. THE RAILROAD INTEREST IS REQUIRED TO NEGOTIATE IN GOOD FAITH FOR A PERIOD OF 90 DAYS FOLLOWING YOUR RESPONSE. AFTER THE 90-DAY PERIOD, EITHER PARTY MAY FILE WITH THE COMMISSIONER OF TRANSPORTATION A PETITION TO RESOLVE ANY DISPUTES REGARDING FAIR MARKET VALUE OR OTHER TERMS OF THE NEGOTIATION."
Subd. 4. [NONAPPLICABILITY.] This section does not apply to a sale of an entire operating railroad line by one operating railroad to another for the purpose of operating a railroad."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Civil Law.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1769, A bill for an act relating to human services; expanding eligibility for the senior citizen drug program; appropriating money; amending Minnesota Statutes 1998, section 256.955, subdivisions 2, 7, and 8; Laws 1997, chapter 225, article 4, section 4; repealing Minnesota Statutes 1998, section 256.955, subdivision 9.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1998, section 256.955, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner of human services shall establish and administer a
senior citizen prescription drug program. Qualified senior citizens individuals
shall be eligible for prescription drug coverage under the program beginning no later than January 1, 1999.
Sec. 2. Minnesota Statutes 1998, section 256.955, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) For purposes of this section, the following definitions apply.
(b) "Health plan" has the meaning provided in section 62Q.01, subdivision 3.
(c) "Health plan company" has the meaning provided in section 62Q.01, subdivision 4.
(d) "Qualified senior citizen individual" means a Medicare enrollee, or an individual
age 65 or older who is not a Medicare enrollee, who:
(1) is eligible as a qualified Medicare beneficiary according to section 256B.057, subdivision 3 or 3a, or is
eligible under section 256B.057, subdivision 3 or 3a, and is also eligible for medical assistance or general assistance
medical care with a spenddown as defined in section 256B.056, subdivision 5. Persons who are determined eligible
for medical assistance according to section 256B.0575, who are eligible for medical assistance or general assistance
medical care without a spenddown, or who are enrolled in MinnesotaCare, are not eligible for this program
has a household income that does not exceed 300 percent of the federal poverty guidelines for family size, using
the income methodologies specified for aged, blind, or disabled persons in section 256B.056, subdivision 1a;
(2) has assets that do not exceed $8,000 for a single individual and $12,000 for a married couple or family of two or more, as determined using the methodologies specified for aged, blind, or disabled persons in section 256B.056, subdivision 1a;
(2) (3) is not enrolled in prescription drug coverage under a health plan;
(3) (4) is not enrolled in prescription drug coverage under a Medicare supplement plan, as
defined in sections 62A.31 to 62A.44, or policies, contracts, or certificates that supplement Medicare issued by health
maintenance organizations or those policies, contracts, or certificates governed by section 1833 or 1876 of the federal
Social Security Act, United States Code, title 42, section 1395, et seq., as amended;
(4) (5) has not had coverage described in clauses (2) and (3) for at least four months prior to
application for the program; and
(5) (6) is a permanent resident of Minnesota as defined in section 256L.09; and
(7) is not eligible for MinnesotaCare, for medical assistance according to section 256B.0575, or for medical assistance or general assistance medical care without a spenddown.
Sec. 3. Minnesota Statutes 1999 Supplement, section 256.955, subdivision 4, is amended to read:
Subd. 4. [APPLICATION PROCEDURES AND COORDINATION WITH MEDICAL ASSISTANCE.]
Applications and information on the program must be made available at county social service agencies, health care
provider offices, and agencies and organizations serving senior citizens and persons with disabilities.
Senior citizens Individuals shall submit applications and any information specified by the
commissioner as being necessary to verify eligibility directly to the county social service agencies:
(1) beginning January 1, 1999, the county social service agency shall determine medical assistance spenddown
eligibility of individuals who qualify for the senior citizen prescription drug program of
individuals; and
(2) program payments will be used to reduce the spenddown obligations of individuals who are determined to be eligible for medical assistance with a spenddown as defined in section 256B.056, subdivision 5.
Seniors Qualified individuals who are eligible for medical assistance with a spenddown shall be
financially responsible for the deductible amount up to the satisfaction of the spenddown. No deductible applies once
the spenddown has been met. Payments to providers for prescription drugs for persons eligible under this subdivision
shall be reduced by the deductible.
County social service agencies shall determine an applicant's eligibility for the program within 30 days from the date the application is received. Eligibility begins the month after approval.
Sec. 4. Minnesota Statutes 1999 Supplement, section 256.955, subdivision 7, is amended to read:
Subd. 7. [COST SHARING.] (a) Enrollees shall pay an annual enrollment fee based on the following sliding scale.
Household income as percentage Annual
of the federal poverty guidelines Enrollment fee
120 percent or less $ 0
121 percent to 150 percent $120
151 percent to 200 percent $360
201 percent to 250 percent $600
251 percent to 300 percent full average per person
cost of coverage minus
the $420 annual deductible
Enrollees whose household incomes increase above 300 percent of the federal poverty guidelines after initial program enrollment may remain enrolled if they maintain continuous enrollment and pay an annual enrollment fee equal to the full average per person cost of coverage minus the $420 annual deductible.
(b) Program enrollees must satisfy a $420 annual deductible, based upon expenditures for prescription drugs, to be paid in $35 monthly increments.
Sec. 5. Minnesota Statutes 1999 Supplement, section 256.955, subdivision 8, is amended to read:
Subd. 8. [REPORT.] The commissioner shall annually report to the legislature on the senior citizen
prescription drug program. The report must include demographic information on enrollees, per-prescription
expenditures, total program expenditures, hospital and nursing home costs avoided by enrollees, any savings to
medical assistance and Medicare resulting from the provision of prescription drug coverage under Medicare by health
maintenance organizations, other public and private options for drug assistance to the senior
covered population, any hardships caused by the annual enrollment fee and deductible, and any
recommendations for changes in the senior prescription drug program.
Sec. 6. Minnesota Statutes 1999 Supplement, section 256.955, subdivision 9, is amended to read:
Subd. 9. [PROGRAM LIMITATION.] The commissioner shall administer the senior
prescription drug program so that the costs total no more than funds appropriated plus the drug rebate
proceeds. Senior Prescription drug program rebate revenues are appropriated to the commissioner
and shall be expended to augment funding of the senior prescription drug program. New
enrollment shall cease if the commissioner determines that, given current enrollment, costs of the program will
exceed appropriated funds and rebate proceeds. This section shall be repealed upon federal approval of the waiver
to allow the commissioner to provide prescription drug coverage for qualified Medicare beneficiaries whose income
is less than 150 percent of the federal poverty guidelines.
Sec. 7. Laws 1997, chapter 225, article 4, section 4, as amended by Laws 1999, chapter 245, article 4, section 104, is amended to read:
Sec. 4. [SENIOR PRESCRIPTION DRUG PROGRAM.]
The commissioner shall report to the legislature the estimated costs of the senior
prescription drug program without funding caps. The report shall be included as part of the
November and February forecasts.
The commissioner of finance shall annually reimburse the general fund with health care access funds for
the estimated increased costs in the QMB/SLMB program directly associated with the senior
prescription drug program. This reimbursement shall sunset June 30, 2001.
Sec. 8. [INFORMATION ON PRESCRIPTION DRUG PATIENT ASSISTANCE PROGRAMS.]
The commissioner of human services must work with the board of medical practice and the Pharmaceutical Research and Manufacturers of America (PhRMA) to develop a strategy to provide information on prescription drug patient assistance programs offered by member companies of PhRMA to all physicians in the state. Any strategy developed must provide physicians with regular updates on prescription drug patient assistance programs and be implemented without cost to physicians or the state.
Sec. 9. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the phrase "senior citizen drug program" wherever it appears in the next edition of Minnesota Statutes and Minnesota Rules to "prescription drug program."
Sec. 10. [APPROPRIATION.]
$....... is appropriated from the general fund to the commissioner of human services for the fiscal year ending June 30, 2001, to fund the prescription drug program."
Delete the title and insert:
"A bill for an act relating to human services; expanding eligibility for the senior drug program; changing the senior drug program to prescription drug program; requiring information on prescription drug patient assistance programs; amending Minnesota Statutes 1998, section 256.955, subdivisions 1 and 2; Minnesota Statutes 1999 Supplement, section 256.955, subdivisions 4, 7, 8, and 9; Laws 1997, chapter 225, article 4, section 4, as amended."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.
Smith from the Committee on Civil Law to which was referred:
H. F. No. 1865, A bill for an act relating to courts; jury service; excusing from service certain nursing mothers; proposing coding for new law in Minnesota Statutes, chapter 593.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Davids from the Committee on Commerce to which was referred:
H. F. No. 2451, A bill for an act relating to telecommunications; establishing depreciation range system for telephone companies; amending Minnesota Statutes 1998, sections 237.075, subdivision 6; 237.22; and 237.773, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 237; repealing Minnesota Rules, parts 7810.7000; 7810.7100; 7810.7200; 7810.7300; 7810.7400; 7810.7500; 7810.7600; 7810.7700; 7810.7800; 7810.7900; and 7810.8000.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1998, section 237.22, is amended to read:
237.22 [DEPRECIATION; AMORTIZATION.]
(a) For purposes of a proceeding to determine or investigate any wholesale or retail rate, or to set any
universal service support level, the commission shall may fix proper and adequate rates and
methods of depreciation and amortization with respect to a telephone company company's
property and every telephone company shall conform its depreciation accounts for property used in whole or in
part to provide noncompetitive services to the rates and methods fixed by the commission.
(b) All telephone companies shall retain data in sufficient detail for the purpose of determining depreciation accruals and reserves by depreciable telephone plant account. Depreciable plant accounts are those specified by the Federal Communications Commission for the class to which a telephone company belongs. All telephone companies shall maintain, and have available for inspection by the commission upon request, adequate accounts and records related to depreciation practices as defined herein.
Sec. 2. [REPEALER.]
(a) Minnesota Statutes, section 237.773, subdivision 5, is repealed.
(b) Minnesota Rules, parts 7810.7000; 7810.7100; 7810.7200; 7810.7300; 7810.7400; 7810.7500; 7810.7600; 7810.7700; 7810.7800; 7810.7900; and 7810.8000, are repealed.
Sec. 3. [EFFECTIVE DATE.]
This act is effective the day following enactment."
Delete the title and insert:
"A bill for an act relating to telecommunications; modifying telephone company property depreciation provisions; amending Minnesota Statutes 1998, section 237.22; repealing Minnesota Statutes 1998, section 237.773, subdivision 5; Minnesota Rules, parts 7810.7000; 7810.7100; 7810.7200; 7810.7300; 7810.7400; 7810.7500; 7810.7600; 7810.7700; 7810.7800; 7810.7900; and 7810.8000."
With the recommendation that when so amended the bill pass.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2505, A bill for an act relating to natural resources; modifying effective period of annual state park permits; amending Minnesota Statutes 1998, section 85.053, subdivision 1.
Reported the same back with the following amendments:
Page 2, after line 8, insert:
"Sec. 2. Minnesota Statutes 1998, section 85.053, subdivision 4, is amended to read:
Subd. 4. [TWO-DAY ONE-DAY PERMITS.] The commissioner shall prescribe a special
state park permit for use of state parks, state recreation areas, or state waysides up to two days for one
day under conditions prescribed by the commissioner. For campers, the permit shall allow for the use of the
park where camped from the time of purchase until the camping check-out time of the following day."
Amend the title as follows:
Page 1, line 3, delete "annual"
Page 1, line 4, delete "subdivision 1" and insert "subdivisions 1 and 4"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2506, A bill for an act relating to game and fish; modifying blaze orange requirements; amending Minnesota Statutes 1998, section 97B.071.
Reported the same back with the recommendation that the bill pass.
Mares from the Committee on Education Policy to which was referred:
H. F. No. 2508, A bill for an act relating to education; clarifying the definition of a metro area school district; amending Minnesota Statutes 1999 Supplement, section 126C.10, subdivision 28.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on K-12 Education Finance.
The report was adopted.
Larsen, P., from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F. No. 2521, A bill for an act relating to towns; changing the name of the township of Lake Edwards.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [NAME CHANGE.]
Notwithstanding the petition requirements of Minnesota Statutes, chapter 379, the Crow Wing county board may change the name of the township of Lake Edwards to the township of Lake Edward upon receipt of a resolution requesting the change from the board of supervisors of the township of Lake Edwards."
Amend the title as follows:
Page 1, line 2, after the semicolon, insert "authorizing"
With the recommendation that when so amended the bill pass.
The report was adopted.
Seagren from the Committee on K-12 Education Finance to which was referred:
H. F. No. 2590, A bill for an act relating to education; repealing, modifying, and expanding certain provisions of the kindergarten through grade 12 education code; amending Minnesota Statutes 1998, sections 120A.05, by adding a subdivision; 120A.22, subdivision 1; 120B.11, subdivisions 2 and 5; 120B.22, subdivision 1; 121A.06; 121A.15; 121A.34; 121A.55; 121A.69, subdivision 3; 122A.09, subdivision 6; 122A.15; 122A.22; 122A.40, subdivision 8; 122A.41, subdivision 5; 122A.53; 122A.68, subdivisions 1 and 7; 122A.69; 122A.70, subdivision 2; 122A.91; 122A.92; 123B.02, subdivision 1; 123B.04, subdivisions 2 and 5; 123B.143, subdivision 1; 123B.147, as amended; 123B.49, subdivision 1; 123B.51, subdivisions 1 and 5; 123B.83, subdivision 1; 123B.90, subdivision 1; 124D.02, subdivision 1; 124D.03, subdivision 3; 124D.09, subdivisions 5, 6, and 7; 124D.10, subdivisions 1 and 19; 124D.115, subdivision 3; 124D.118, subdivisions 2 and 3; 124D.128, subdivision 1; 124D.28, subdivision 1; 124D.34, subdivision 4; 124D.35; 124D.37; 124D.40, subdivision 2; 124D.41; 124D.42, subdivision 7; 124D.46, subdivision 1; 124D.47, subdivision 2; 124D.49, subdivision 3; 124D.50, subdivisions 2 and 3; 124D.65, subdivision 6; 124D.74, subdivision 1; 124D.892; 124D.94, subdivision 4; 125B.05, as amended; 126C.31; 127A.05, subdivision 3; 127A.06; and 127A.41, subdivision 7; Minnesota Statutes 1999 Supplement, sections 122A.40, subdivision 5; 122A.58, subdivision 1; 122A.60, subdivision 1; 123A.06, subdivision 1; 123B.36, subdivision 1; 123B.43; 123B.49, subdivision 4; 123B.90, subdivision 2; 123B.91, subdivision 1; 124D.10, subdivisions 6 and 15; 124D.121; 124D.94, subdivision 2; 125B.20; 126C.05, subdivision 1; 127A.05, subdivision 1; and 129C.10,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes 1998, sections 121A.03, subdivision 3; 121A.16; 121A.70; 122A.162; 122A.163; 122A.19, subdivision 2; 122A.32; 122A.40, subdivision 6; 122A.41, subdivision 3; 122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 122A.57; 122A.71; 122A.72, subdivisions 1, 2, 3, and 5; 122A.75; 123A.15, subdivision 1; 123A.35; 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11; 123A.37; 123A.38; 123A.39; 123A.40; 123A.41, subdivisions 1 and 4; 123A.43; 123B.02, subdivisions 5, 10, 11, and 13; 123B.11; 123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 123B.744; 123B.93; 123B.95, subdivision 3; 124D.02, subdivisions 2, 3, and 4; 124D.03, subdivisions 5 and 7; 124D.06; 124D.07; 124D.081, subdivision 1; 124D.118, subdivision 1; 124D.124; 124D.125; 124D.28; 124D.29; 124D.30; 124D.31; 124D.47, subdivision 1; 124D.91; 124D.92; 124D.93, subdivisions 2, 3, and 6; 125B.02; and 127A.41, subdivision 4; Minnesota Statutes 1999 Supplement, sections 122A.72, subdivision 4; 123A.30, subdivision 6; 123A.36, subdivisions 1 and 2; 123B.02, subdivision 9; 124D.05, subdivision 3; 124D.122; 124D.126; 124D.127; and 124D.93, subdivisions 1, 4, and 5.
Reported the same back with the following amendments:
Page 3, line 5, delete "that"
Page 3, line 6, delete the new language
Page 10, lines 30 to 32, reinstate the stricken language
Page 13, line 22, reinstate the stricken language
Page 13, line 26, reinstate ", paragraph"
Page 13, line 27, before the period, insert "(a), clause (3) or (7)"
Page 14, line 21, reinstate "grades 7 through 12" and delete "secondary school"
Page 15, line 34, delete "object to" and insert "refuse"
Pages 17 and 18, delete section 6
Page 19, line 10, after "either" insert "a teaching license"
Pages 20 and 21, delete section 7
Page 21, line 6, after "terminates" insert "during the interscholastic sport season"
Page 21, line 8, delete "a" and insert "the" and delete "an" and insert "the"
Page 24, line 14, after "122A.49" insert ", subdivisions 1, 2, and 4" and delete "122A.54;"
Page 24, line 15, delete "122A.55; 122A.56; 122A.57;"
Page 25, line 10, before "Minnesota" insert "(a)"
Page 25, line 12, after "123A.39" insert ", subdivisions 1, 2, and 4" and delete "subdivisions 1 and" and insert "subdivision 1"
Page 25, line 13, delete "4" and delete "sections"
Page 25, line 14, delete "123A.30, subdivision 6; and" and insert "section"
Page 25, after line 15, insert:
"(b) Minnesota Statutes 1998, section 123A.41, subdivision 4, is repealed."
Page 25, line 17, after "2" insert ", paragraph (a),"
Page 25, line 18, after the period, insert "Section 2, paragraph (b), is effective July 1, 2002."
Page 29, line 1, reinstate everything after "(5)"
Page 29, line 2, reinstate the stricken language
Page 29, line 3, reinstate everything before "expenditures"
Page 29, line 6, after "eighth" insert "highest student passage rate the district expects to attain
on the reading, math, and writing basic skills tests by the 12th" and reinstate "grade, identifying the amount
of expenditures that"
Page 29, line 7, reinstate "the district requires to" and after "percent" insert "attain the
targeted" and reinstate "student passage"
Page 29, line 8, reinstate "rate" and reinstate ", and how much the"
Page 29, line 9, reinstate the stricken language
Page 29, line 10, after "compensatory" insert "basic skills" and reinstate ", and general
education revenue;"
Page 29, line 32, strike "provide"
Page 30, line 3, delete "such services" and insert "perform administrative and supervisory duties" and delete "employing"
Page 30, line 4, delete "or charter school"
Page 31, line 33, after "student" insert "over age 21 attending a secondary school class or program"
Page 31, line 36, delete "who is over the age of 21 or who has"
Page 32, lines 1 and 2, delete the new language
Page 39, line 33, delete "11,"
Page 41, line 11, delete "June" and insert "March"
Page 44, line 32, after the stricken period, insert "The commissioner shall report annually to the house and senate education policy committees on emerging issues affecting charter schools, including common problems encountered by charter schools, leasing information, sponsorship information, student achievement and demographic enrollment data, and innovative and best practices used in charter school programs."
Page 45, lines 27 and 28, reinstate the stricken language
Page 46, after line 21, insert:
"Sec. 14. Minnesota Statutes 1999 Supplement, section 124D.126, subdivision 1, is amended to read:
Subdivision 1. [POWERS AND DUTIES.] The commissioner must:
(1) not promulgate, amend, or repeal rules necessary to the operation of sections 124D.12 to 124D.127 unless specifically authorized to do so by enacted law;
(2) cooperate with and provide supervision of flexible learning year programs to determine compliance with the provisions of sections 124D.12 to 124D.127, the commissioner's standards and qualifications, and the proposed program as submitted and approved;
(3) provide any necessary adjustments of (a) attendance and membership computations and (b) the dates and percentages of apportionment of state aids; and
(4) consistent with the definition of "average daily membership" in section 126C.05, subdivision 8, furnish the board of a district implementing a flexible learning year program with a formula for computing average daily membership. This formula must be computed so that tax levies to be made by the district, state aids to be received by the district, and any and all other formulas based upon average daily membership are not affected solely as a result of adopting this plan of instruction."
Page 47, delete section 15
Page 53, line 14, strike "a lifelong" and insert "an integrated"
Pages 59 and 60, delete section 28
Page 60, line 20, strike "metropolitan"
Page 60, line 21, strike "metropolitan"
Page 61, line 28, reinstate "The"
Page 61, line 29, reinstate "foundation shall" and reinstate "promote academic excellence in
Minnesota"
Page 61, lines 30 and 31, reinstate the stricken language
Page 63, line 10, delete "subdivisions 2," and insert "subdivision 4;"
Page 63, line 11, delete everything before "124D.06"
Page 63, line 13, after "124D.125" insert ", subdivisions 1, 2, 4, and 5"
Page 63, line 15, delete "124D.05,"
Page 63, line 16, delete "subdivision 3;" and delete "124D.126;"
Page 64, line 13, strike "PURPOSE" and insert "OUTCOMES"
Page 64, delete line 32 and insert "throughout Minnesota. Expanding the ranges of courses
available to students throughout the state is the expected outcome of developing a statewide telecommunications
network. A school district may apply to the"
Page 64, lines 33 and 34, reinstate the stricken language
Page 65, lines 4 to 15, reinstate the stricken language
Page 65, line 16, reinstate "connections."
Page 69, line 5, delete everything after the period
Page 69, delete lines 6 and 7
Page 70, after line 8, insert:
"Sec. 3. [REPEALER.]
Minnesota Statutes 1998, section 124D.68, subdivision 8, is repealed."
Page 70, line 10, delete "and 2" and insert "to 3"
Page 74, after line 34, insert:
"Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective for the 2000-2001 school year."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Education Policy.
The report was adopted.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 2642, A bill for an act relating to employment agencies; providing for waiver of bond requirement in certain circumstances; amending Minnesota Statutes 1998, section 184.30, subdivision 1.
Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.
The report was adopted.
Davids from the Committee on Commerce to which was referred:
H. F. No. 2675, A bill for an act relating to insurance; authorizing insurance coverage for vicarious liability for punitive and exemplary damages; amending Minnesota Statutes 1999 Supplement, section 60A.06, subdivision 1.
Reported the same back with the following amendments:
Page 4, after line 30, insert:
"Sec. 2. Minnesota Statutes 1998, section 64B.03, is amended to read:
64B.03 [REPRESENTATIVE FORM OF GOVERNMENT.]
(a) A society has a representative form of government when it has a supreme governing body constituted in one of the following ways:
(1) The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two-thirds of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least once every four years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws.
(2) The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four years, except that the commissioner has the discretion to approve completion of a term of office exceeding four years where the board member completing the term was elected pursuant to clause (1). Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society.
(b) A society has a representative form of government when the officers of the society are elected either by the supreme governing body or by the board of directors.
(c) A society has a representative form of government when only benefit members are eligible for election to the supreme governing body and the board of directors.
(d) A society has a representative form of government when each voting member shall have one vote and no vote may be cast by proxy."
Page 4, line 31, delete "2" and insert "3"
Page 4, line 32, delete "Section 1 is" and insert "Sections 1 and 2 are"
Amend the title as follows:
Page 1, line 4, after the semicolon, insert "regulating the terms of certain fraternal benefit society board members;" and after "amending" insert "Minnesota Statutes 1998, section 64B.03;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Ness from the Committee on Agriculture and Rural Development Finance to which was referred:
H. F. No. 2698, A bill for an act relating to agriculture; expanding eligibility for ethanol producer payments; amending Minnesota Statutes 1998, section 41A.09, subdivision 3a; Laws 1999, chapter 231, section 11, subdivision 3.
Reported the same back with the following amendments:
Page 2, line 35, strike everything after "(d)"
Page 2, line 36, strike everything before "payments"
Page 3, line 1, strike "$34,000,000" and insert "$37,000,000"
Page 3, line 8, strike from "A" through line 11 to the period
Page 5, line 12, delete "$72,701,022" and insert "$72,416,000"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Mares from the Committee on Education Policy to which was referred:
H. F. No. 2720, A bill for an act relating to education; providing for the destruction of the state test of the basic requirement for written composition; requiring that students be retested for the basic requirement for written composition; requiring legislative approval of the test prompt for the basic requirement of written composition.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [TEST RESULTS RETURNED; PROMPT ELIMINATED.]
(a) A school district must return to students their written response to the January 26, 2000, test prompt from the state's basic skills test for written composition under Minnesota Statutes, section 120B.02, within 15 calendar days of receiving the students' scored responses. District personnel shall not have access to the students' responses for any purpose except to return the responses to the students.
(b) The test prompt for the state's basic skills test for written composition administered on January 26, 2000, shall no longer be administered to students.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to education; providing for the return of student written responses to the state's basic skills test for written composition; prohibiting future use of the January 26, 2000, written test prompt."
With the recommendation that when so amended the bill pass.
Stanek from the Committee on Crime Prevention to which was referred:
H. F. No. 2745, A bill for an act relating to crimes; imposing felony penalty on person convicted of fourth impaired driving offense within ten-year period; requiring offender to be sentenced to both incarceration and to intensive probation supervision; amending Minnesota Statutes 1998, sections 169.129, by adding a subdivision; and 609.135, by adding a subdivision; Minnesota Statutes 1999 Supplement, sections 169.121, subdivisions 3 and 3d; 169.1217, subdivision 7; 169.129, subdivision 1; and 609.135, subdivision 2.
Reported the same back with the following amendments:
Page 3, lines 12 and 17, after "1" insert "or 1a"
Page 3, line 27, delete "intensive"
Page 3, line 28, delete "intensive" and insert ", if recommended by the chemical use assessment,"
Page 5, after line 9, insert:
"Sec. 2. Minnesota Statutes 1998, section 169.121, subdivision 3b, is amended to read:
Subd. 3b. [CHEMICAL USE ASSESSMENT.] Except for felony convictions, the court must order a person to submit to the level of care recommended in the chemical use assessment if the person has been convicted of violating:
(1) subdivision 1, clause (f); or
(2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or (h), subdivision 1a, section 169.129, an ordinance in conformity with any of them, or a statute or ordinance from another state in conformity with any of them:
(i) within five years of a prior impaired driving conviction or a prior license revocation; or
(ii) within ten years of two or more prior impaired driving convictions, two or more prior
license revocations, or a prior impaired driving conviction and a prior license revocation, based on separate
incidents."
Page 8, after line 4, insert:
"Sec. 4. Minnesota Statutes 1999 Supplement, section 169.121, subdivision 3f, is amended to read:
Subd. 3f. [LONG-TERM MONITORING.] (a) This subdivision applies to a person convicted of:
(1) a violation of subdivision 1 or 1a within five years of two prior impaired driving convictions, or
within ten years of three or more prior impaired driving convictions;
(2) a second or subsequent violation of subdivision 1 or 1a, if the person is under the age of 19 years;
(3) a violation of subdivision 1 or 1a, while the person's driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (10); or
(4) a gross misdemeanor violation of section 169.129.
(b) When the court sentences a person described in paragraph (a) to a stayed sentence and when electronic monitoring equipment is available to the court, the court shall require that the person participate in a program of electronic alcohol monitoring in addition to any other conditions of probation or jail time it imposes. During the first one-third of the person's probationary term, the electronic alcohol monitoring must be continuous and involve measurements of the person's alcohol at least three times a day. During the remainder of the person's probationary
term, the electronic alcohol monitoring may be intermittent, as determined by the court. The court shall require partial or total reimbursement from the person for the cost of the electronic alcohol monitoring, to the extent the person is able to pay."
Page 10, line 14, delete "intensive"
Page 10, line 15, delete "intensive" and insert ", if recommended by the chemical use assessment,"
Page 12, line 29, delete "8" and insert "10"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 5, delete "intensive"
Page 1, line 7, after "sections" insert "169.121, subdivision 3b;"
Page 1, line 9, delete "and" and insert a comma
Page 1, line 10, after "3d" insert ", and 3f"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Finance.
The report was adopted.
Smith from the Committee on Civil Law to which was referred:
H. F. No. 2749, A bill for an act relating to legislation; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 1998, sections 13.551, subdivision 1; 15.0591, subdivision 2; 15A.086; 17.101, subdivision 1; 43A.18, subdivision 4a; 47.58, subdivision 8; 60A.74, subdivision 6; 60H.05, subdivision 6; 103I.005, subdivision 22; 116J.966, subdivision 1; 136A.29, subdivision 19; 145.698, subdivision 1; 146.23, subdivision 6; 148.7805, subdivision 1; 204C.04, subdivision 2; 245A.04, subdivision 3; 256B.031, subdivision 2; 257.34, subdivision 1; 270.101, subdivision 1; 273.1398, subdivision 1; 275.065, subdivision 3a; 275.16; 281.21; 281.22; 287.28; 290.0802, subdivision 2; 299A.02; 319B.02, subdivision 13; 325D.33, subdivision 8; 325D.415; 352D.02, subdivision 1; 429.091, subdivision 8; 430.12; 459.35; 469.036; 469.040, subdivision 4; 469.063; 469.116, subdivision 8; 469.1733, subdivision 1; 469.178, subdivision 6; 469.203, subdivision 4; 473.3994, subdivision 13; 475.77; 574.03; and 611A.43; Minnesota Statutes 1999 Supplement, sections 3.739, subdivision 1; 10A.01, subdivisions 1 and 35; 13.99, subdivision 11; 16E.02, subdivision 2; 85.41, subdivision 1; 116J.70, subdivision 2a; 119A.04, subdivision 1; 119B.011, subdivision 15; 144A.46, subdivision 2; 147.09; 148.96, subdivision 3; 243.166, subdivision 1; 259.47, subdivision 8; 260B.007, subdivision 20; 260C.007, subdivision 19; 260C.163, subdivision 11; 260C.176, subdivisions 1 and 2; 260C.178, subdivision 3; 260C.181, subdivision 2; 260C.201, subdivision 11; 260C.213, subdivision 1; 287.29, subdivision 1; 290.01, subdivision 19b; 465.797, subdivision 1; 504B.161, subdivision 1; 504B.181, subdivision 5; 515B.1-102; 515B.1-103; 515B.2-105; 515B.3-105; 515B.3-115; 515B.3-116; 515B.4-106; 515B.4-107; and 518.57, subdivision 3; Laws 1997, chapter 150, section 1; and Laws 1999, chapter 110, section 22; chapter 139, article 4, section 3; chapter 159, sections 2, 86, and 154; and chapter 205, article 1, section 1; repealing Minnesota Statutes 1998, sections 281.20; 421.11; 421.12; 421.13; 421.14; and 462A.21, subdivision 19; Minnesota Statutes 1999 Supplement, section 260C.401; Laws 1987, chapter 186, section 11; Laws 1989, chapter 282, article 5, section 45; Laws 1991, chapter 286, section 2; Laws 1994, chapter 572, section 6; Laws 1995, chapter 207, article 4, section
21, subdivision 4; Laws 1996, chapter 412, article 4, section 25; Laws 1997, chapter 85, article 3, section 18; article 4, section 20; chapter 187, article 1, section 4; chapter 203, article 11, section 3; chapter 217, article 1, section 89; Laws 1998, chapter 407, article 6, section 9; Laws 1999, chapter 154, section 3; chapter 159, sections 6, 18, 49, 90, 110, 112, and 113; chapter 177, sections 56 and 58; and chapter 216, article 2, section 5.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Finseth from the Committee on Agriculture Policy to which was referred:
H. F. No. 2798, A bill for an act relating to agriculture; allowing alternative uses for certain feedlot penalty orders; amending Minnesota Statutes 1998, section 116.072, subdivision 1; Minnesota Statutes 1999 Supplement, section 116.072, subdivision 13.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment and Natural Resources Policy.
The report was adopted.
McElroy from the Committee on Jobs and Economic Development Finance to which was referred:
H. F. No. 2820, A bill for an act relating to economic development; providing catalyst grants to promote Internet access in rural Minnesota; appropriating money.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Commerce.
The report was adopted.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 2839, A bill for an act relating to economic development; providing funding for the e-Business Institute; appropriating money.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.
The report was adopted.
Lindner from the Committee on Jobs and Economic Development Policy to which was referred:
H. F. No. 2840, A bill for an act relating to economic development; providing support for the development of workforce identification systems; appropriating money.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 2883, A bill for an act relating to trade regulations; regulating certain prescription drug discounts; providing remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.
Reported the same back with the following amendments:
Page 3, line 15, delete "a benefit administered" and insert "any card or other purchasing mechanism or device that is not insurance and which is administered in conjunction with a medical benefit"
With the recommendation that when so amended the bill pass.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2888, A bill for an act relating to natural resources; authorizing the marking of canoe and boating routes on a portion of the Chippewa river; amending Minnesota Statutes 1998, section 85.32, subdivision 1.
Reported the same back with the following amendments:
Page 1, after line 21, insert:
"Sec. 2. Minnesota Statutes 1998, section 85.32, is amended by adding a subdivision to read:
Subd. 1a. [COMMISSIONER AUTHORITY.] The commissioner may, in cooperation with local units of government and private individuals and groups, designate and mark canoe routes on rivers suitable for canoeing in addition to those designated in subdivision 1."
Amend the title as follows:
Page 1, line 3, delete "a portion of the" and insert "certain rivers"
Page 1, line 4, delete "Chippewa river"
Page 1, line 5, before the period, insert ", and by adding a subdivision"
With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.
The report was adopted.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 2967, A bill for an act relating to human services; providing a wage increase for certain employees; appropriating money; amending Minnesota Statutes 1998, section 256B.501, by adding a subdivision; Minnesota Statutes 1999 Supplement, section 256B.431, subdivision 28; Laws 1999, chapter 245, article 1, section 2, subdivision 8.
Reported the same back with the following amendments:
Page 2, line 2, delete "which"
Page 2, delete lines 3 and 4
Page 2, line 5, delete everything before the semicolon
Page 3, line 4, after "representative" insert "after July 1, 2000," and after the period, insert "Money received by a facility, as a result of the additional rate increase for compensation-related costs of 3.0 percent for the rate year beginning July 1, 2000, provided under paragraph (c), shall be used only for compensation-related increases implemented on or after July 1, 2000, and shall not be used for compensation-related increases implemented prior to that date."
Page 5, line 10, delete "which"
Page 5, delete lines 11 and 12
Page 5, line 13, delete "dollar amount"
Page 10, lines 29 to 32, delete the new language
Page 10, delete lines 33 to 52
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2980, A bill for an act relating to game and fish; modifying certain angling seasons.
Reported the same back with the following amendments:
Page 1, line 9, after the second "bass" insert "and the 1999-2000 spearing season"
Amend the title as follows:
Page 1, after line 2, insert "and spearing"
With the recommendation that when so amended the bill pass.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2991, A bill for an act relating to natural resources; adding to and deleting from state parks; amending Minnesota Statutes 1998, section 85.012, subdivision 32a.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.
Finseth from the Committee on Agriculture Policy to which was referred:
H. F. No. 3022, A bill for an act relating to agriculture; delaying the implementation and enforcement of certain animal feedlot rules.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment and Natural Resources Policy.
The report was adopted.
Bradley from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 3048, A bill for an act relating to human services; providing time lines for the transition to a new case-mix system based upon the federal minimum data set; requiring education and training programs and a report to the legislature; amending Minnesota Statutes 1999 Supplement, section 256B.435, by adding a subdivision.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources Policy to which was referred:
S. F. No. 83, A bill for an act relating to natural resources; simplifying and consolidating wetland regulation; amending Minnesota Statutes 1998, sections 103G.005, subdivisions 15 and 19; 103G.201; 103G.2242, subdivision 2; 103G.2372; 103G.2373; and 645.44, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103G.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1998, section 103G.005, subdivision 15, is amended to read:
Subd. 15. [PUBLIC WATERS.] (a) "Public waters" means:
(1) waterbasins assigned a shoreland management classification by the commissioner under sections
103F.201 to 103F.221, except wetlands less than 80 acres in size that are classified as natural environment
lakes;
(2) waters of the state that have been finally determined to be public waters or navigable waters by a court of competent jurisdiction;
(3) meandered lakes, excluding lakes that have been legally drained;
(4) waterbasins previously designated by the commissioner for management for a specific purpose such as trout lakes and game lakes pursuant to applicable laws;
(5) waterbasins designated as scientific and natural areas under section 84.033;
(6) waterbasins located within and totally surrounded by publicly owned lands;
(7) waterbasins where the state of Minnesota or the federal government holds title to any of the beds or shores, unless the owner declares that the water is not necessary for the purposes of the public ownership;
(8) waterbasins where there is a publicly owned and controlled access that is intended to provide for public access to the waterbasin;
(9) natural and altered watercourses with a total drainage area greater than two square miles;
(10) natural and altered watercourses designated by the commissioner as trout streams; and
(11) public waters wetlands, unless the statute expressly states otherwise.
(b) Public waters are not determined exclusively by the proprietorship of the underlying, overlying, or surrounding land or by whether it is a body or stream of water that was navigable in fact or susceptible of being used as a highway for commerce at the time this state was admitted to the union.
Sec. 2. Minnesota Statutes 1998, section 103G.005, subdivision 19, is amended to read:
Subd. 19. [WETLANDS.] (a) "Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(3) under normal circumstances support a prevalence of such vegetation.
(b) For the purposes of regulation under this chapter, the term wetlands does not include public waters wetlands as defined in subdivision 15a.
Sec. 3. Minnesota Statutes 1998, section 103G.201, is amended to read:
103G.201 [PUBLIC WATERS INVENTORY.]
(a) The commissioner shall prepare a public waters inventory map of each county that shows the waters of this state that are designated as public waters under the public waters inventory and classification procedures prescribed under Laws 1979, chapter 199. The public waters inventory map for each county must be filed with the auditor of the county.
(b) The commissioner is authorized to revise the list of public waters established under Laws 1979, chapter 199, to reclassify those type 3, 4, and 5 wetlands previously identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify public waters wetlands as public waters if:
(1) they are assigned a shoreland management classification by the commissioner under sections 103F.201 to 103F.22; or
(2) they are classified as lacustrine wetlands according to Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al., 1979 edition).
(c) The commissioner must provide notice of the reclassification to the local government unit, the county board, the watershed district, if one exists for the area, and the soil and water conservation district. Within 60 days of receiving notice from the commissioner, a party required to receive the notice may provide a resolution stating objections to the reclassification. If the commissioner does not receive an objection from a party required to receive the notice, the reclassification of a wetland under paragraph (b) is effective 60 days after the notice is received by all of the parties.
(d) The commissioner shall give priority to the reclassification of public waters wetlands that are or have the potential to be affected by public works projects.
Sec. 4. [103G.2212] [CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS OR FILLS WETLANDS.]
Subdivision 1. [CONDITIONS FOR EMPLOYEES AND AGENTS TO DRAIN OR FILL WETLANDS.] An agent or employee of another may not drain or fill a wetland, wholly or partially, unless the agent or employee has:
(1) obtained a signed statement from the property owner stating that the wetland replacement plan required for the work has been obtained or that a replacement plan is not required; and
(2) mailed a copy of the statement to the local government unit with jurisdiction over the wetland.
Subd. 2. [VIOLATION IS SEPARATE OFFENSE.] Violation of this section is a separate and independent offense from other violations of sections 103G.2212 to 103G.237.
Subd. 3. [FORM FOR COMPLIANCE WITH THIS SECTION.] The board shall develop a form to be distributed to contractors' associations, local government units, and soil and water conservation districts to comply with this section. The form must include:
(1) a listing of the activities for which a replacement plan is required;
(2) a description of the penalties for violating sections 103G.2212 to 103G.237;
(3) the telephone number to call for information on the responsible local government unit;
(4) a statement that national wetland inventory maps are on file with the soil and water conservation district office; and
(5) spaces for a description of the work and the names, mailing addresses, and telephone numbers of the person authorizing the work and the agent or employee proposing to undertake it.
Sec. 5. Minnesota Statutes 1998, section 103G.222, is amended to read:
103G.222 [REPLACEMENT OF WETLANDS.]
Subdivision 1. [REQUIREMENTS.] (a) Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value under a replacement plan approved as provided in section 103G.2242, a replacement plan under a local governmental unit's comprehensive wetland protection and management plan approved by the board under section 103G.2243, or, if a permit to mine is required under section 93.481, under a mining reclamation plan approved by the commissioner under the permit to mine. Mining reclamation plans shall apply the same principles and standards for replacing wetlands by restoration or creation of wetland areas that are applicable to mitigation plans approved as provided in section 103G.2242. Public value must be determined in accordance with section 103B.3355 or a comprehensive wetland protection and management plan established under section 103G.2243. Sections 103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently flooded areas of type 3, 4, and 5 wetlands.
(b) Replacement must be guided by the following principles in descending order of priority:
(1) avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;
(2) minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment;
(4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing substitute wetland resources or environments.
For a project involving the draining or filling of wetlands in an amount not exceeding 10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, paragraph (a), the local government unit may make an on-site sequencing determination without a written alternatives analysis from the applicant.
(c) If a wetland is located in a cultivated field, then replacement must be accomplished through restoration only without regard to the priority order in paragraph (b), provided that a deed restriction is placed on the altered wetland prohibiting nonagricultural use for at least ten years.
(d) Restoration and replacement of wetlands must be accomplished in accordance with the ecology of the landscape area affected.
(e) Replacement shall be within the same watershed or county as the impacted wetlands, as based on
the wetland evaluation in section 103G.2242, subdivision 2, except that a greater than 80 percent area may
accomplish replacement in less than 50 percent areas. Wetlands impacted by public transportation projects may be
replaced statewide, except that wetlands impacted in a less than 50 percent area must be replaced in a less than 50
percent area, and wetlands impacted in the seven-county twin cities metropolitan area by public highways must be
replaced:
(1) in the affected county, or, if no restoration opportunities exist in the county;
(2) in another seven-county twin cities metropolitan area county.
The board must maintain a public list of restoration opportunities within the metropolitan area.
Disputes about restoration opportunities for wetland replacement in a watershed or county may be appealed to the
board's committee for dispute resolution. Replacement of wetlands may be accomplished under the rules for wetland
banking as provided for under section 103G.2242.
(f) Except as provided in paragraph (g) (f), for a wetland or public waters
wetland located on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland for
each acre of drained or filled wetland.
(g) (f) For a wetland or public waters wetland located on agricultural land or in
a greater than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for each acre of
drained or filled wetland.
(h) (g) Wetlands that are restored or created as a result of an approved replacement plan
are subject to the provisions of this section for any subsequent drainage or filling.
(i) (h) Except in a greater than 80 percent area, only wetlands that have been restored from
previously drained or filled wetlands, wetlands created by excavation in nonwetlands, wetlands created by dikes or
dams along public or private drainage ditches, or wetlands created by dikes or dams associated with the restoration
of previously drained
or filled wetlands may be used in a statewide banking program established in rules adopted under section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring wetlands from one type to another are not eligible for enrollment in a statewide wetlands bank.
(j) (i) The technical evaluation panel established under section 103G.2242, subdivision
2, shall ensure that sufficient time has occurred for the wetland to develop wetland characteristics of soils, vegetation,
and hydrology before recommending that the wetland be deposited in the statewide wetland bank. If the technical
evaluation panel has reason to believe that the wetland characteristics may change substantially, the panel shall
postpone its recommendation until the wetland has stabilized.
(k) (j) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
apply to the state and its departments and agencies.
(l) (k) For projects involving draining or filling of wetlands associated with a new public
transportation project in a greater than 80 percent area, public transportation authorities, other than the state
department of transportation, may purchase credits from the state wetland bank established with proceeds from Laws
1994, chapter 643, section 26, subdivision 3, paragraph (c). Wetland banking credits may be purchased at the least
of the following, but in no case shall the purchase price be less than $400 per acre: (1) the cost to the state to
establish the credits; (2) the average estimated market value of agricultural land in the township where the road
project is located, as determined by the commissioner of revenue; or (3) the average value of the land in the
immediate vicinity of the road project as determined by the county assessor. Public transportation authorities in a
less than 80 percent area may purchase credits from the state at the cost to the state to establish credits.
(m) (l) A replacement plan for wetlands is not required for individual projects that result
in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or replacement of a currently
serviceable existing state, city, county, or town public road necessary, as determined by the public transportation
authority, to meet state or federal design or safety standards or requirements, excluding new roads or roads expanded
solely for additional traffic capacity lanes. This paragraph only applies to authorities for public transportation
projects that:
(1) minimize the amount of wetland filling or draining associated with the project and consider mitigating
important site-specific wetland functions on-site; and
(2) except as provided in clause (3), submit annual project-specific reports by
January 15 to the board, the technical evaluation panel, the commissioner of natural resources, and
members of the public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands that have been filled or drained during the previous year and a projection of the
location, amount, and type of wetlands to be filled or drained by the project or, alternatively, convene an
annual meeting of the parties required to receive notice to review projects to be commenced during the
upcoming year; and
(3) for minor and emergency maintenance work impacting less than 10,000 square feet, submit project-specific reports, within 30 days of commencing the activity, to the board that indicate the location, amount, and type of wetlands that have been filled or drained.
Those required to receive notice of public transportation projects may appeal minimization, delineation, and on-site mitigation decisions made by the public transportation authority to the board according to the provisions of section 103G.2242, subdivision 9. The technical evaluation panel shall review minimization and delineation decisions made by the public transportation authority and provide recommendations regarding on-site mitigation if requested to do so by the local government unit, a contiguous landowner, or a member of the technical evaluation panel.
Except for state public transportation projects, for which the state department of transportation is
responsible, the board must replace the wetlands, and wetland areas of public waters if authorized by the
commissioner or a delegated authority, drained or filled by public transportation projects on existing roads in
critical rural and urban watersheds.
Public transportation authorities at their discretion may deviate from federal and state design standards on existing road projects when practical and reasonable to avoid wetland filling or draining, provided that public safety is not unreasonably compromised. The local road authority and its officers and employees are exempt from liability for any tort claim for injury to persons or property arising from travel on the highway and related to the deviation from the design standards for construction or reconstruction under this paragraph. This paragraph does not preclude an action for damages arising from negligence in construction or maintenance on a highway.
(n) (m) If a landowner seeks approval of a replacement plan after the proposed project has
already impacted affected the wetland, the local government unit may require the landowner to
replace the impacted affected wetland at a ratio not to exceed twice the replacement ratio otherwise
required.
(o) (n) A local government unit may request the board to reclassify a county or watershed
on the basis of its percentage of presettlement wetlands remaining. After receipt of satisfactory documentation from
the local government, the board shall change the classification of a county or watershed. If requested by the local
government unit, the board must assist in developing the documentation. Within 30 days of its action to approve
a change of wetland classifications, the board shall publish a notice of the change in the Environmental Quality
Board Monitor.
(p) (o) One hundred citizens who reside within the jurisdiction of the local government
unit may request the local government unit to reclassify a county or watershed on the basis of its percentage of
presettlement wetlands remaining. In support of their petition, the citizens shall provide satisfactory documentation
to the local government unit. The local government unit shall consider the petition and forward the request to the
board under paragraph (o) (n) or provide a reason why the petition is denied.
Subd. 2. [ROAD CREDIT FUNDING.] At least 50 percent of money appropriated for road repair
wetland replacement credit under this section must be used for wetland restoration in the seven-county metropolitan
area.
The board shall give priority to restoration projects that will:
(1) intensify will encourage land use that leads to more compact development or
redevelopment;
(2) will encourage public or private infrastructure investments which connect urban
neighborhoods and suburban ecosystems and communities, attract private sector investment in
commercial or residential properties adjacent to the public improvement; or
(3) complement projects receiving funding under section 473.253 are located in critical rural
and urban watersheds.
Subd. 3. [WETLAND REPLACEMENT SITING.] (a) Siting wetland replacement must follow this priority order:
(1) on site or in the same minor watershed as the affected wetland;
(2) in the same watershed as the affected wetland;
(3) in the same county as the affected wetland;
(4) in an adjacent watershed or county to the affected wetland; and
(5) statewide, only for wetlands affected in greater than 80 percent areas and for public transportation projects, except that wetlands affected in less than 50 percent areas must be replaced in less than 50 percent areas, and wetlands affected in the seven-county metropolitan area must be replaced in the affected county or, if no restoration opportunities exist in the county, in another seven-county metropolitan area county.
(b) The exception in paragraph (a), clause (5), does not apply to replacement completed using wetland banking credits established by a person who submitted a complete wetland banking application to a local government unit by April 1, 1996.
(c) When reasonable, practicable, and environmentally beneficial replacement opportunities are not available in siting priorities listed in paragraph (a), the applicant may seek opportunities at the next level.
(d) For the purposes of this section, "reasonable, practicable, and environmentally beneficial replacement opportunities" are defined as opportunities that:
(1) take advantage of naturally occurring hydrogeomorphological conditions and require minimal landscape alteration;
(2) have a high likelihood of becoming a functional wetland that will continue in perpetuity;
(3) do not adversely affect other habitat types or ecological communities that are important in maintaining the overall biological diversity of the area; and
(4) are available and capable of being done after taking into consideration cost, existing technology, and logistics consistent with overall project purposes.
(e) Regulatory agencies, local government units, and other entities involved in wetland restoration shall collaborate to identify potential replacement opportunities within their jurisdictional areas.
Sec. 6. Minnesota Statutes 1998, section 103G.2241, subdivision 1, is amended to read:
Subdivision 1. [AGRICULTURAL ACTIVITIES.] (a) A replacement plan for wetlands is not required for:
(1) activities in a wetland that was planted with annually seeded crops, was in a crop rotation seeding of pasture grass or legumes, or was required to be set aside to receive price support or other payments under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to January 1, 1991;
(2) activities in a wetland that is or has been enrolled in the federal conservation reserve program under United States Code, title 16, section 3831, that:
(i) was planted with annually seeded crops, was in a crop rotation seeding, or was required to be set aside to receive price support or payment under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the program; and
(ii) has not been restored with assistance from a public or private wetland restoration program;
(3) activities in a wetland that has received a commenced drainage determination provided for by the federal Food Security Act of 1985, that was made to the county agricultural stabilization and conservation service office prior to September 19, 1988, and a ruling and any subsequent appeals or reviews have determined that drainage of the wetland had been commenced prior to December 23, 1985;
(4) activities in a type 1 wetland on agricultural land, except for bottomland hardwood type 1 wetlands, and activities in a type 2 or type 6 wetland that is less than two acres in size and located on agricultural land;
(5) aquaculture activities including pond excavation and construction and maintenance of associated access roads and dikes authorized under, and conducted in accordance with, a permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but not including construction or expansion of buildings;
(6) wild rice production activities, including necessary diking and other activities authorized under a permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344;
(7) normal agricultural practices to control noxious or secondary weeds as defined by rule of the commissioner of agriculture, in accordance with applicable requirements under state and federal law, including established best management practices; and
(8) agricultural activities in a wetland that is on agricultural land:
(i) annually enrolled in the federal Food, Agricultural, Conservation, and Trade Act of 1990,
United States Code, title 16, section 3821, subsection (a), clauses (1) to (3), as amended, Agriculture
Improvement and Reform Act of 1996 and is subject to sections 1421 to 1424 of the federal act
United States Code, title 16, sections 3821 to 3823, in effect on January 1, 1991, except that
2000; or
(ii) subject to subsequent federal farm program restrictions that meet minimum state standards under this chapter and sections 103A.202 and 103B.3355 and that have been approved by the board of water and soil resources, the commissioners of natural resources and agriculture, and the pollution control agency.
(b) Land enrolled in a federal farm program under paragraph (a), clause (8), is eligible for easement participation for those acres not already compensated under a federal program.
(b) (c) The exemption under paragraph (a), clause (4), may be expanded to additional
acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when the additional acreage
is part of a conservation plan approved by the local soil and water conservation district, the additional draining or
filling is necessary for efficient operation of the farm, the hydrology of the larger wetland system is not adversely
affected, and wetlands other than types 1, 2, and 6 are not drained or filled.
Sec. 7. Minnesota Statutes 1998, section 103G.2241, subdivision 3, is amended to read:
Subd. 3. [FEDERAL APPROVALS.] A replacement plan for wetlands is not required for:
(1) activities exempted from federal regulation under United States Code, title 33, section 1344(f), as in effect on January 1, 1991;
(2) activities authorized under, and conducted in accordance with, an applicable general permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, except the nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on January 1, 1991; or
(3) activities authorized under the federal Clean Water Act, section 404, or the Rivers and Harbors Act, section 10, regulations that meet minimum state standards under this chapter and sections 103A.202 and 103B.3355 and that have been approved by the board of water and soil resources, the commissioners of natural resources and agriculture, and the pollution control agency.
Sec. 8. Minnesota Statutes 1998, section 103G.2241, subdivision 9, is amended to read:
Subd. 9. [DE MINIMIS.] (a) Except as provided in paragraphs (b), and (c), and
(d), a replacement plan for wetlands is not required for draining or filling the following amounts of wetlands
as part of a project, regardless of the total amount of wetlands filled as part of a project:
(1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack wetlands, outside of the shoreland wetland protection zone in a greater than 80 percent area;
(2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent area;
(3) 2,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland protection zone in a less than 50 percent area;
(4) 400 square feet of wetland types not listed in clauses (1) to (3) outside of shoreland wetland protection zones in all counties; or
(5) 400 square feet of type 1, 2, 3, 4, 5, 6, 7, or 8 wetland, in the shoreland wetland protection zone, except that in a greater than 80 percent area, the local government unit may increase the de minimis amount up to 1,000 square feet in the shoreland protection zone in areas beyond the building setback if the wetland is isolated and is determined to have no direct surficial connection to the public water. To the extent that a local shoreland management ordinance is more restrictive than this provision, the local shoreland ordinance applies.
(b) The amounts listed in paragraph (a), clauses (1) to (5), may not be combined on a project.
(c) This exemption no longer applies to a landowner's portion of a wetland when the cumulative area drained or filled of the landowner's portion since January 1, 1992, is the greatest of:
(1) the applicable area listed in paragraph (a), if the landowner owns the entire wetland;
(2) five percent of the landowner's portion of the wetland; or
(3) 400 square feet.
(d) Persons proposing to conduct an activity under this subdivision shall contact the board at a toll-free
number to be provided for information on minimizing wetland impacts. Failure to call by the person does not
constitute a violation of this subdivision.
(e) This exemption may not be combined with another exemption in this section on a project.
Sec. 9. Minnesota Statutes 1998, section 103G.2242, subdivision 1, is amended to read:
Subdivision 1. [RULES.] (a) The board, in consultation with the commissioner, shall adopt rules governing the approval of wetland value replacement plans under this section and public waters work permits affecting public waters wetlands under section 103G.245. These rules must address the criteria, procedure, timing, and location of acceptable replacement of wetland values; may address the state establishment and administration of a wetland banking program for public and private projects, which may include provisions allowing monetary payment to the wetland banking program for alteration of wetlands on agricultural land; the administrative, monitoring, and enforcement procedures to be used; and a procedure for the review and appeal of decisions under this section. In the case of peatlands, the replacement plan rules must consider the impact on carbon balance described in the report required by Laws 1990, chapter 587, and include the planting of trees or shrubs.
(b) After the adoption of the rules, a replacement plan must be approved by a resolution of the governing body of the local government unit, consistent with the provisions of the rules or a comprehensive wetland protection and management plan approved under section 103G.2243.
(c) If the local government unit fails to apply the rules, or fails to implement a local comprehensive wetland protection and management plan established under section 103G.2243, the government unit is subject to penalty as determined by the board.
Sec. 10. Minnesota Statutes 1998, section 103G.2242, subdivision 2, is amended to read:
Subd. 2. [EVALUATION.] (a) Questions concerning the public value, location, size, or type of a wetland shall be submitted to and determined by a technical evaluation panel after an on-site inspection. The technical evaluation panel shall be composed of a technical professional employee of the board, a technical professional employee of the
local soil and water conservation district or districts, and a technical professional with expertise in water
resources management appointed by the local government unit, and a technical professional employee of the
department of natural resources for projects affecting public waters or wetlands adjacent to public waters. The
panel shall use the "United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
including updates, supplementary guidance, and replacements, if any, "Wetlands of the United States"
(United States Fish and Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater
Habitats of the United States" (1979 edition). The panel shall provide the wetland determination and
recommendations on other technical matters to the local government unit that must approve a replacement plan
under this section, wetland banking plan, exemption determination, no-loss determination, or wetland
boundary or type determination and may recommend approval or denial of the plan. The authority must
consider and include the decision of the technical evaluation panel in their approval or denial of a plan or
determination.
(b) Persons conducting wetland or public waters boundary delineations or type determinations are exempt from the requirements of chapter 326. By January 15, 2001, the board, in consultation with the Minnesota Association of Professional Soil Scientists, the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan for a professional wetland delineator certification program to the legislature.
Sec. 11. Minnesota Statutes 1998, section 103G.2242, is amended by adding a subdivision to read:
Subd. 2a. [WETLAND BOUNDARY OR TYPE DETERMINATION.] (a) A landowner may apply for a wetland boundary or type determination from the local government unit. The landowner applying for the determination is responsible for submitting proof necessary to make the determination, including, but not limited to, wetland delineation field data, observation well data, topographic mapping, survey mapping, and information regarding soils, vegetation, hydrology, and groundwater both within and outside of the proposed wetland boundary.
(b) A local government unit that receives an application under paragraph (a) may seek the advice of the technical evaluation panel as described in subdivision 2, and, if necessary, expand the technical evaluation panel. The local government unit may delegate the decision authority for wetland boundary or type determinations with the zoning administrator, or establish other procedures it considers appropriate.
(c) The local government unit decision must be made in compliance with section 15.99. Within ten calendar days of the decision, the local government unit decision must be mailed to the landowner, members of the technical evaluation panel, the watershed district or watershed management organization, if one exists, and individual members of the public who request a copy.
(d) The local government unit decision is valid for three years unless the technical evaluation panel determines that natural or artificial changes to the hydrology, vegetation, or soils of the area have been sufficient to alter the wetland boundary or type.
Sec. 12. Minnesota Statutes 1998, section 103G.2242, subdivision 5, is amended to read:
Subd. 5. [PROCESSING FEE.] The local government unit and soil and water conservation district may charge processing fees in amounts not greater than are necessary to cover the reasonable costs of implementing the rules adopted under subdivision 1 and for technical and administrative assistance to landowners in processing other applications for projects affecting wetlands.
Sec. 13. Minnesota Statutes 1998, section 103G.2242, subdivision 9, is amended to read:
Subd. 9. [APPEAL.] (a) Appeal of a replacement plan, exemption, wetland banking, wetland boundary or type determination, or no-loss decision may be obtained by mailing a petition and payment of a filing fee of $200, which shall be retained by the board to defray administrative costs, to the board within 15 days after the postmarked date of the mailing specified in subdivision 7. If appeal is not sought within 15 days, the decision becomes final. The
local government unit may require the petitioner to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the petition for hearing is accepted, the amount posted must be returned to the petitioner. Appeal may be made by:
(1) the wetland owner, by;
(2) any of those to whom notice is required to be mailed under subdivision 7,; or
by
(3) 100 residents of the county in which a majority of the wetland is located.
(b) Within 30 days after receiving a petition, the board shall decide whether to grant the petition and hear the appeal. The board shall grant the petition unless the board finds that:
(1) the appeal is meritless, trivial, or brought solely for the purposes of delay; that
(2) the petitioner has not exhausted all local administrative remedies;
(3) expanded technical review is needed;
(4) the local government unit's record is not adequate; or that
(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required by the local government unit.
(c) In determining whether to grant the appeal, the board shall also consider the size of the wetland, other factors in controversy, any patterns of similar acts by the local government unit or petitioner, and the consequences of the delay resulting from the appeal.
(d) All appeals must be heard by the committee for dispute resolution of the board, and a decision made within 60 days of the appeal. The decision must be served by mail on the parties to the appeal, and is not subject to the provisions of chapter 14. A decision whether to grant a petition for appeal and a decision on the merits of an appeal must be considered the decision of an agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.
Sec. 14. Minnesota Statutes 1998, section 103G.2242, subdivision 11, is amended to read:
Subd. 11. [WETLAND HERITAGE ADVISORY COMMITTEE.] The governor shall establish a wetland heritage advisory committee consisting of a balanced diversity of interests including agriculture, environmental, and sporting organizations, land development organizations, local government organizations, and other agencies. The committee must consist of nine members including the commissioner of agriculture, or a designee of the commissioner, the commissioner of natural resources, and seven members appointed by the governor. The governor's appointees must include one county commissioner, one representative each from a statewide sporting organization, a statewide conservation organization, an agricultural commodity group, one faculty member of an institution of higher education with expertise in the natural sciences, and one member each from two statewide farm organizations. The committee shall advise the board on the development of rules under this section and, after rule adoption, shall meet at least twice a year to review implementation of the program, to identify strengths and weaknesses, and to recommend changes to the rules and the law to improve the program. The committee expires on July 1, 2000.
Sec. 15. Minnesota Statutes 1998, section 103G.2372, is amended to read:
103G.2372 [ENFORCEMENT.]
Subdivision 1. [COMMISSIONER OF NATURAL RESOURCES.] The commissioner of natural resources, conservation officers, and peace officers shall enforce laws preserving and protecting wetlands and public waters. The commissioner of natural resources, a conservation officer, or a peace officer may issue a cease and desist order
to stop any illegal activity adversely affecting a wetland or public waters. In the order, or by separate order, the commissioner, conservation officer, or peace officer may require restoration or replacement of the wetland or public waters, as determined by the local soil and water conservation district for wetlands and the commissioner of natural resources for public waters.
Subd. 2. [MISDEMEANOR.] A violation of an order issued under subdivision 1 is a misdemeanor and
must be prosecuted by the county attorney where the wetland is or public waters are located or the
illegal activity occurred.
Subd. 3. [RESTITUTION.] The court may, as part of sentencing, require a person convicted under subdivision 2 to restore or replace the wetland or public waters, as determined by the local soil and water conservation district for wetlands and the commissioner of natural resources for public waters.
Sec. 16. Minnesota Statutes 1998, section 103G.2373, is amended to read:
103G.2373 [ANNUAL WETLANDS AND PUBLIC WATERS WETLANDS REPORT.]
By March 1 of each year, the commissioner of natural resources and the board of water and soil resources shall jointly report to the committees of the legislature with jurisdiction over matters relating to agriculture, the environment, and natural resources on:
(1) the status of implementation of state laws and programs relating to wetlands and public waters wetlands;
(2) the quantity, quality, acreage, types, and public value of wetlands and public waters wetlands in the state; and
(3) changes in the items in clause (2).
Sec. 17. Minnesota Statutes 1998, section 103G.245, subdivision 5, is amended to read:
Subd. 5. [DELEGATION OF PERMIT AUTHORITY TO LOCAL UNITS OF GOVERNMENT.] (a) The commissioner may delegate public waters work permit authority to the appropriate county or municipality or to watershed districts or watershed management organizations that have elected to assert local authority over protected waters. The public waters work permit authority must be delegated under guidelines of the commissioner and the delegation must be done by agreement with the involved county, municipality, watershed district, or water management organization and in compliance with section 103G.315.
(b) For projects affecting public waters wetlands, the commissioner may waive the requirement for a public waters work permit if the local government unit makes a replacement, no-loss or exemption determination in compliance with sections 103A.201, 103B.3355, and 103G.222 to 103G.2373, and rules adopted pursuant to these same sections.
(c) For projects affecting both public waters and wetlands, the local government unit may, by written agreement with the commissioner, waive the requirement for a replacement plan, no-loss or exemption determination if a public waters work permit is required and the commissioner includes the provisions of sections 103A.201, 103B.3355, and 103G.222 to 103G.2373, and rules adopted pursuant to these same sections in the public waters work permit.
Sec. 18. Minnesota Statutes 1998, section 645.44, is amended by adding a subdivision to read:
Subd. 13a. [WETLANDS.] "Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(3) under normal circumstances, support a prevalence of such vegetation.
Sec. 19. [REPORT.]
By January 15, 2001, the board of water and soil resources and the commissioner of natural resources shall provide a joint report to the house and the senate committees responsible for agriculture and environmental policy on further technical changes to the Wetland Conservation Act and rules to provide for an improved regulatory consolidation process, public water inventory refinement, and other changes to improve wetland regulatory programs. The report shall include the language on any recommended draft law and rule changes.
Sec. 20. [EXEMPT RULES.]
(a) Within 90 days of the effective date of this section, the board of water and soil resources and the commissioner of natural resources shall adopt rules that amend the rules previously adopted under Minnesota Statutes, sections 103G.2242, subdivision 1; 103B.3355; and 103G.315, subdivision 15, to:
(1) provide sequencing and standard of application rules for public waters wetlands and permanently and semipermanently flooded areas of type 3, 4, and 5 wetlands under the Wetland Conservation Act;
(2) incorporate changes to the statutes in this act; and
(3) other provisions to improve consistency of wetland regulatory processes.
(b) The rules authorized under paragraph (a) are exempt from the rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes, section 14.386, applies and the proposed rules must be submitted to the members of senate and house environment and natural resource and agriculture policy committees at least 30 days prior to being published in the State Register. The amended rules are effective for two years from the date of publication of the rules in the State Register unless they are superseded by permanent rules.
Sec. 21. [EFFECTIVE DATE.]
Sections 1 to 5, 9 to 10, 14 to 16, and 18 to 20 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to natural resources; simplifying and consolidating wetland regulation; amending Minnesota Statutes 1998, sections 103G.005, subdivisions 15 and 19; 103G.201; 103G.222; 103G.2241, subdivisions 1, 3, and 9; 103G.2242, subdivisions 1, 2, 5, 9, 11, and by adding a subdivision; 103G.2372; 103G.2373; 103G.245, subdivision 5; and 645.44, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103G."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy.
The report was adopted.
H. F. Nos. 1865, 2451, 2506, 2521, 2642, 2675, 2720, 2749, 2883, 2888 and 2980 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Finseth introduced:
H. F. No. 3302, A bill for an act relating to gambling; modifying definition of lawful purpose to include certain expenditures; amending Minnesota Statutes 1998, section 349.12, subdivision 25.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Entenza introduced:
H. F. No. 3303, A bill for an act relating to crime prevention; clarifying that the criminal code penalty for failure to pay over state funds includes within its scope the failure to remit a tax; amending Minnesota Statutes 1998, sections 289A.63, subdivision 1; and 609.445.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Seifert, J.; McGuire; Stanek; Biernat and Pawlenty introduced:
H. F. No. 3304, A bill for an act relating to civil actions; eliminating the prohibition on admitting into evidence use of seat belts and child passenger restraint systems; repealing Minnesota Statutes 1999 Supplement, section 169.685, subdivision 4.
The bill was read for the first time and referred to the Committee on Civil Law.
Skoe and Lieder introduced:
H. F. No. 3305, A bill for an act relating to taxation; mortgage registry and deed; providing for apportionment of tax proceeds between the county and state; amending Minnesota Statutes 1999 Supplement, sections 287.12; and 287.29, subdivision 1.
The bill was read for the first time and referred to the Committee on Taxes.
Wilkin introduced:
H. F. No. 3306, A bill for an act relating to health; modifying the residential hospice program requirements; amending Minnesota Statutes 1998, section 144A.48, subdivision 1; repealing Minnesota Statutes 1998, section 144A.48, subdivision 6.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Rest, Pawlenty, Lindner and McElroy introduced:
H. F. No. 3307, A bill for an act relating to taxation; individual income and corporate franchise; modifying the job training credit; modifying the income limit for participants; increasing authorized credit amounts; making the credit permanent; amending Minnesota Statutes 1998, section 290.0673, subdivisions 1, 2, 3, 4, and 5; repealing Minnesota Statutes 1998, section 290.0673, subdivision 8.
The bill was read for the first time and referred to the Committee on Taxes.
Finseth, Gunther and Westerberg introduced:
H. F. No. 3308, A bill for an act relating to employment; providing for grants-in-aid for distance-work projects in rural areas.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.
Abeler, Stanek, Broecker, Holberg, Entenza and Sykora introduced:
H. F. No. 3309, A bill for an act relating to crime prevention; requiring offenders with prior predatory offenses who commit designated offenses to register under the predatory offender registration law; proposing coding for new law in Minnesota Statutes, chapter 243.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Abeler, Bradley, Gleason and Dorn introduced:
H. F. No. 3310, A bill for an act relating to health plans; regulating contract stacking; providing a remedy; amending Minnesota Statutes 1999 Supplement, section 62Q.74, subdivision 1.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Dawkins; Bishop; Larsen, P.; Biernat; Smith; Leighton; Gleason; Schumacher; Winter; Kubly; Dorn; Boudreau; Bradley; Carruthers and Hausman introduced:
H. F. No. 3311, A bill for an act relating to family law; providing for parenting plans; changing certain terminology; appropriating money; amending Minnesota Statutes 1998, sections 15.87; 119A.37; 124D.23, subdivision 8; 256L.01, subdivision 3a; 257.541; 257.75, subdivision 3; 257A.01, subdivision 2; 257A.03, subdivision 2; 480.30, subdivision 1; 494.015, subdivision 1; 517.08, subdivision 1c; 518.003, subdivision 3, and by adding a subdivision; 518.131, subdivisions 1, 2, 3, 7, and by adding a subdivision; 518.156; 518.157, subdivisions 1 and 3; 518.165, subdivision 1; 518.175, subdivisions 1, 1a, 2, 3, 5, 6, and 8; 518.1751; 518.176, subdivision 2; 518.177; 518.179, subdivision 1; 518.18; 518.612; 518.619, subdivision 1; 518.68, subdivisions 1 and 2; 518B.01, subdivisions 4, 6, and 8; 519.11, subdivision 1a; 609.26, subdivision 2; 629.341, subdivision 3; and 631.52, subdivision 1; Minnesota Statutes 1999 Supplement, sections 119A.45; 257.66, subdivision 3; 494.03; 518.155; 518.165, subdivision 2; 518.178; 518.551, subdivision 5; and 609.26, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 518.
The bill was read for the first time and referred to the Committee on Civil Law.
Finseth, Westfall, Westrom, Rostberg, Ness, Swenson, Gunther, Kubly, Peterson, Storm, Cassell, Tunheim and Harder introduced:
H. F. No. 3312, A bill for an act relating to agriculture; providing for uniformity in meat and poultry inspection; amending Minnesota Statutes 1998, sections 31.632; 31.633, subdivision 1; 31.651; 31A.02, subdivisions 5, 6, 10, 13, and 14; 31A.03; 31A.05; 31A.06; 31A.07, subdivisions 1 and 2; 31A.08; 31A.10; 31A.13; 31A.16; and 31A.17; Minnesota Statutes 1999 Supplement, sections 31A.01; and 31A.15, subdivision 1.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Kielkucki, Schumacher, Cassell, Erickson and Opatz introduced:
H. F. No. 3313, A bill for an act relating to education finance; modifying the definition of equity revenue; appropriating money; amending Minnesota Statutes 1999 Supplement, section 126C.10, subdivisions 24, 25, and 27; repealing Minnesota Statutes 1999 Supplement, section 126C.10, subdivision 28.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Kahn, Mares, Stanek, Wenzel and Murphy introduced:
H. F. No. 3314, A bill for an act relating to retirement; providing for an additional postretirement asset distribution for the Minneapolis police relief association; amending Minnesota Statutes 1998, section 423B.01; proposing coding for new law in Minnesota Statutes, chapter 423B.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Rhodes introduced:
H. F. No. 3315, A bill for an act relating to garnishment; limiting the attachment of certain property by garnishment; amending Minnesota Statutes 1998, section 571.73, subdivision 4.
The bill was read for the first time and referred to the Committee on Civil Law.
Rhodes introduced:
H. F. No. 3316, A bill for an act relating to child support; permitting an obligor to file a bond with the court pending the outcome of an appeal; proposing coding for new law in Minnesota Statutes, chapter 518.
The bill was read for the first time and referred to the Committee on Civil Law.
Van Dellen, Milbert, Carruthers, Rukavina and Haake introduced:
H. F. No. 3317, A bill for an act relating to taxation; property; limiting increases in market value; amending Minnesota Statutes 1999 Supplement, section 273.11, subdivision 1a.
The bill was read for the first time and referred to the Committee on Taxes.
Luther, Skoglund and Smith introduced:
H. F. No. 3318, A bill for an act relating to children; providing for designation of standby and alternate custodians of children; proposing coding for new law as Minnesota Statutes, chapter 257B; repealing Minnesota Statutes 1998, sections 257A.01; 257A.02; 257A.03; 257A.04; 257A.05; 257A.06; 257A.07; 257A.08; 257A.09; and 257A.10.
The bill was read for the first time and referred to the Committee on Civil Law.
Jennings, Workman, Kelliher and Larson, D., introduced:
H. F. No. 3319, A bill for an act relating to drivers' licenses; combining responsibility for all driver education programs with commissioner of public safety; regulating satisfactions of judgment on automobile liability claims; allowing drivers' license to be renewed within five years of expiration without written examination; abolishing ignition interlock pilot program; making clarifying and technical changes; amending Minnesota Statutes 1998, sections 171.183, subdivision 1; and 171.27; Minnesota Statutes 1999 Supplement, sections 169.974, subdivision 2; and 171.05, subdivision 2; repealing Minnesota Statutes 1998, section 171.305; Minnesota Rules, parts 7409.3700; 7409.3710; 7409.3720; 7409.3730; 7409.3740; 7409.3750; 7409.3760; and 7409.3770.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Carlson, Rest and Stanek introduced:
H. F. No. 3320, A bill for an act relating to education; increasing the crime-related costs levy; amending the uses of the levy proceeds; amending Minnesota Statutes 1999 Supplement, section 126C.44.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Daggett, Howes, Fuller and Hasskamp introduced:
H. F. No. 3321, A bill for an act relating to taxation; providing a special levy for operational costs of certain regional jails; amending Minnesota Statutes 1999 Supplement, section 275.70, subdivision 5.
The bill was read for the first time and referred to the Committee on Taxes.
Biernat, Mahoney and Wagenius introduced:
H. F. No. 3322, A bill for an act relating to traffic regulations; authorizing commissioner of public safety to conduct pilot program using photographic evidence for enforcement of traffic signal laws; appropriating money; providing penalties; amending Minnesota Statutes 1998, sections 169.06, by adding a subdivision; and 171.12, subdivision 6.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Biernat, Folliard, Mares and Pelowski introduced:
H. F. No. 3323, A bill for an act relating to education; creating a task force to implement statewide insurance benefits for school district employees.
The bill was read for the first time and referred to the Committee on Education Policy.
Seifert, J.; Mares; Seagren; Marko; Greiling; Pugh; Mariani; Entenza and Milbert introduced:
H. F. No. 3324, A bill for an act relating to education finance; authorizing a grant for a metropolitan magnet school grant; authorizing state bonds; appropriating money; amending Minnesota Statutes 1999 Supplement, section 124D.88, subdivision 3.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Westrom, Cassell and Rostberg introduced:
H. F. No. 3325, A bill for an act relating to agriculture; extending the time period for certain seed germination tests; amending Minnesota Statutes 1998, section 21.86, subdivision 1.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Westrom, Cassell and Rostberg introduced:
H. F. No. 3326, A bill for an act relating to agriculture; providing an additional exception to the sale of certain dairy products below cost; amending Minnesota Statutes 1998, section 32.72, subdivision 2.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Broecker, Haake, Rukavina, Jennings and Larsen, P., introduced:
H. F. No. 3327, A bill for an act relating to local government; removing the sunset on provisions for authorizing local governments to petition to amend or repeal a rule; amending Minnesota Statutes 1999 Supplement, section 14.091.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Hackbarth, Rukavina, Bakk, Ozment and Holsten introduced:
H. F. No. 3328, A bill for an act relating to natural resources; adding to the Iron Range off-highway vehicle state recreation area; extending the availability of a previous appropriation.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Wolf, Davids, Jennings and Gunther introduced:
H. F. No. 3329, A bill for an act relating to telecommunications; modifying, recodifying, and clarifying telecommunications statutes; amending Minnesota Statutes 1998, sections 216B.16, subdivision 2; 238.02, by adding a subdivision; 238.03; 297A.25, by adding a subdivision; 308A.210, subdivision 8; and 403.09; Minnesota Statutes 1999 Supplement, sections 125B.20, subdivision 2; and 216A.03, subdivision 7; proposing coding for new law as Minnesota Statutes, chapter 237A; repealing Minnesota Statutes 1998, sections 237.01, subdivisions 1, 2, 3, 4, and 6; 237.011; 237.035; 237.06; 237.065; 237.067; 237.068; 237.069; 237.07; 237.071; 237.072; 237.075; 237.076; 237.081; 237.082; 237.09; 237.10; 237.11; 237.14; 237.16, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 237.18; 237.21; 237.22; 237.25; 237.26; 237.27; 237.28; 237.44; 237.47; 237.57; 237.5799; 237.58; 237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, and 10; 237.60; 237.61; 237.62; 237.625; 237.626; 237.63; 237.64; 237.65;
237.67; 237.68; 237.74, subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 13; 237.76; 237.761; 237.762; 237.763; 237.764; 237.765; 237.766; 237.767; 237.768; 237.769; 237.770; 237.771; 237.772; 237.773; 237.774; and 237.775; Minnesota Statutes 1999 Supplement, sections 237.036; 237.066; and 237.5799; Laws 1995, chapter 156, section 25.
The bill was read for the first time and referred to the Committee on Commerce.
McCollum, Entenza, Greiling and Osskopp introduced:
H. F. No. 3330, A bill for an act relating to elections; providing for clean money in certain state elections; increasing disclosure of campaign contributions to candidates; encouraging candidates to accept only clean money for their political campaigns; limiting campaign contributions and expenditures; increasing public subsidies for state candidates who agree to limit the sources and amounts of contributions to their campaigns; imposing criminal penalties; appropriating money; amending Minnesota Statutes 1998, sections 204B.11; 211A.13; 211B.12; 211B.15, subdivision 16; 340A.404, subdivision 10; and 353.03, subdivision 1; Minnesota Statutes 1999 Supplement, sections 10A.01, subdivision 1; 10A.02, subdivisions 8, 10, 11, 12, and 13; 10A.025, subdivisions 1 and 2; 10A.071, subdivision 3; 10A.34; 10A.37; and 383B.042, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 211B; proposing coding for new law as Minnesota Statutes, chapter 10B; repealing Minnesota Statutes 1999 Supplement, sections 10A.01, subdivisions 3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 23, 25, 26, 27, 28, 29, 30, 32, 34, and 36; 10A.105; 10A.11; 10A.12; 10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 10A.20; 10A.24; 10A.241; 10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273; 10A.275; 10A.28; 10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322; 10A.323; and 10A.324.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Howes, Hasskamp, Wenzel, Stang and Otremba introduced:
H. F. No. 3331, A bill for an act relating to state government; creating the department of crime victims and violence prevention; creating the office of prevention of violence against women as an office within the department; consolidating crime victims and violence prevention programs within the department; appropriating money; amending Minnesota Statutes 1998, sections 15.01; 15.06, subdivision 1; 15A.0815, subdivision 2; 119A.13, subdivisions 2 and 3; 119A.17; 119A.22; 119A.23, subdivisions 2, 3, and 4; 124D.32, subdivisions 1 and 3; 145A.15, subdivisions 1 and 4; 268.29; 268.30, subdivision 1, and by adding a subdivision; 299A.331, subdivision 1; 299A.63, subdivisions 1, 2, and 3; 299C.065, subdivisions 1a, 2, 3a, and 4; 609.3241; 609.5315, by adding a subdivision; 609.605, subdivision 2; 609.7495, subdivision 1; 611A.01; 611A.02, subdivision 2; 611A.0311, subdivision 3; 611A.07, subdivision 1; 611A.25; 611A.32; 611A.34; 611A.35; 611A.36, subdivision 1; 611A.361; 611A.55; 611A.57, subdivision 3; 611A.675, subdivision 1; 611A.71; 611A.74, subdivision 1a; and 611A.76; Minnesota Statutes 1999 Supplement, sections 299A.292; 299A.293, subdivision 1; 299A.294, subdivision 3; 299A.295, subdivision 1; 299A.297; 299A.298; 299A.299, subdivisions 3 and 4; 299A.2994, subdivision 1; 609.531, subdivision 1; 611A.612; and 611A.77, subdivisions 1, 2, and 3; proposing coding for new law in Minnesota Statutes, chapter 611A; proposing coding for new law as Minnesota Statutes, chapter 611B; repealing Minnesota Statutes 1998, sections 119A.11, subdivision 6; 119A.20, subdivision 4; 611A.02, subdivision 1; 611A.21; 611A.22; 611A.221; 611A.31; 611A.33; 611A.345; 611A.41; 611A.43; and 611A.78.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Swenson, Otremba, Wenzel and Kuisle introduced:
H. F. No. 3332, A bill for an act relating to agriculture; allowing the commissioner of agriculture to establish alternative term expiration dates for members of the dairy research and promotion council; amending Minnesota Statutes 1998, section 17.54, subdivision 13.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Nornes and Cassell introduced:
H. F. No. 3333, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; authorizing the board of trustees of the Minnesota state colleges and universities to make capital improvements to Fergus Falls community college; authorizing issuance of bonds; appropriating money.
The bill was read for the first time and referred to the Committee on Higher Education Finance.
Lenczewski; Larson, D.; Buesgens and Molnau introduced:
H. F. No. 3334, A bill for an act relating to local government; requiring an environmental impact statement for an outdoor sports or entertainment facility expected to accommodate a peak attendance of 10,000; amending Minnesota Statutes 1998, section 116D.04, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Mares, Greiling, Carlson and Larsen, P., introduced:
H. F. No. 3335, A bill for an act relating to state employment; prohibiting certain noncompetitive promotions; modifying the definition of confidential employee; amending Minnesota Statutes 1998, sections 43A.15, subdivision 5; and 179A.03, subdivision 4.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Hilty and Murphy introduced:
H. F. No. 3336, A bill for an act relating to local government; clarifying that the town of Silver may elect to join the Moose Lake area fire protection district in whole but not in part; authorizing issuance of equipment certificates by the fire protection district; amending Laws 1987, chapter 402, section 2, subdivisions 1, 4, and 5.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Abeler, Rukavina, Howes, Osthoff and Rostberg introduced:
H. F. No. 3337, A bill for an act relating to occupations and professions; authorizing licensed Minnesota dentists to bargain collectively with dental health plans, proposing coding for new law in Minnesota Statutes, chapter 150A.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Holberg, Buesgens, Tuma, Wolf and Molnau introduced:
H. F. No. 3338, A bill for an act relating to Scott county; authorizing the county board to reorganize and delegate the duties of certain county offices; amending Laws 1997, chapter 90.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Dempsey, Seagren, Jaros, Dawkins and Clark, J., introduced:
H. F. No. 3339, A bill for an act relating to taxation; providing an income tax credit for expenditures for historic structure rehabilitation; proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the Committee on Taxes.
Holsten and Skoe introduced:
H. F. No. 3340, A bill for an act relating to the environment; providing reimbursement for the removal of certain petroleum storage tanks used for agricultural purposes.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Van Dellen introduced:
H. F. No. 3341, A bill for an act relating to retirement; public employees retirement association; authorizing the purchase of service credit for a period of Hennepin county employment for which deductions were withheld but not deposited.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Mariani, Abeler, Mulder, McCollum and Huntley introduced:
H. F. No. 3342, A bill for an act relating to foster care; adding requirements for foster care agencies and foster care providers related to children who rely on medical equipment to sustain life or monitor a medical condition; proposing coding for new law in Minnesota Statutes, chapter 245A.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Daggett introduced:
H. F. No. 3343, A bill for an act relating to taxes; levy limits; allowing a special levy for lake improvement districts; amending Minnesota Statutes 1999 Supplement, section 275.70, subdivision 5.
The bill was read for the first time and referred to the Committee on Taxes.
Stang introduced:
H. F. No. 3344, A bill for an act relating to raffles; authorizing a volunteer fire department to conduct an annual raffle under certain conditions; amending Minnesota Statutes 1998, section 349.166, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Entenza, Chaudhary, Mahoney, Tingelstad and Goodno introduced:
H. F. No. 3345, A bill for an act relating to family law; changing certain child support enforcement provisions; amending Minnesota Statutes 1998, sections 256.979, by adding a subdivision; 518.64, subdivision 5; 552.03; and 552.04, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 1998, section 552.05, subdivisions 1, 2, 3, 6, 7, 8, and 9; Minnesota Statutes 1999 Supplement, section 552.05, subdivisions 4, 5, and 10; Minnesota Rules, parts 9500.1800; 9500.1805; 9500.1810; 9500.1811; 9500.1812; 9500.1815; 9500.1817; 9500.1820; and 9500.1821.
The bill was read for the first time and referred to the Committee on Civil Law.
Stanek; Bishop; Larsen, P.; Broecker; Vandeveer; Rhodes; Howes; Clark, J.; Gunther; Goodno; Stang; Westerberg; Tuma; Rifenberg; Storm; Sykora; Seagren; Smith; Sviggum; Tingelstad; Pawlenty and Haas introduced:
H. F. No. 3346, A bill for an act relating to crime; criminal justice information systems technology; changing the membership of the criminal and juvenile justice information policy group; authorizing the purchase and distribution of criminal justice technology infrastructure improvements; appropriating money; amending Minnesota Statutes 1998, section 299C.65, subdivision 1, and by adding a subdivision; and Minnesota Statutes 1999 Supplement, section 299C.65, subdivisions 2 and 8.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Gleason, Mullery and Carruthers introduced:
H. F. No. 3347, A bill for an act relating to state government; the office of administrative hearings; authorizing the chief administrative law judge to establish a system of subject matter specialization for judges; amending Minnesota Statutes 1998, section 14.48.
The bill was read for the first time and referred to the Committee on Civil Law.
Jennings and Larsen, P., introduced:
H. F. No. 3348, A bill for an act relating to special assessments; providing that the notice to property owners before an improvement is ordered contains an estimate of the amount proposed to be assessed against each property owner; amending Minnesota Statutes 1998, section 429.031, subdivision 1.
The bill was read for the first time and referred to the Committee on Taxes.
Skoe, Kelliher and Bakk introduced:
H. F. No. 3349, A bill for an act relating to game and fish; modifying provisions for designating experimental waters; modifying provisions for fishing contests; amending Minnesota Statutes 1998, sections 97C.001, subdivision 1; and 97C.081, subdivisions 2, 3, and by adding subdivisions.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
McCollum, Schumacher, Hasskamp, Luther and McGuire introduced:
H. F. No. 3350, A bill for an act relating to taxation; income; creating a subtraction for elderly and disabled; amending Minnesota Statutes 1999 Supplement, section 290.01, subdivision 19b; proposing coding for new law in Minnesota Statutes, chapter 290; repealing Minnesota Statutes 1998, section 290.0802.
The bill was read for the first time and referred to the Committee on Taxes.
Jennings, Lieder, Vandeveer and Juhnke introduced:
H. F. No. 3351, A bill for an act relating to transportation; creating a right-of-way acquisition loan fund; specifying uses for the fund; providing for transfers to the fund; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 174.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Gerlach, Finseth, Bakk, Howes and Anderson, I., introduced:
H. F. No. 3352, A bill for an act relating to game and fish; permitting angling with a lighted fishing lure; amending Minnesota Statutes 1998, section 97C.335.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Jennings, Lieder, Vandeveer and Juhnke introduced:
H. F. No. 3353, A bill for an act relating to transportation; creating an overpass improvement fund; specifying uses for the fund; providing for transfers to the fund; establishing an advisory committee; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 174.
The bill was read for the first time and referred to the Committee on Transportation Policy.
McCollum, Mares, Rhodes, Hasskamp, Gleason, Johnson, Skoglund, Mullery and McGuire introduced:
H. F. No. 3354, A bill for an act relating to veterans; providing a grant for the national monument to women in the United States military; appropriating money.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Tomassoni and Rukavina introduced:
H. F. No. 3355, A bill for an act relating to reemployment insurance; excluding smokechasers from the definition of noncovered employment; amending Minnesota Statutes 1999 Supplement, section 268.035, subdivision 20.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.
Abeler and Dawkins introduced:
H. F. No. 3356, A bill for an act relating to health; extending the application deadline for essential community provider status for a facility providing culturally competent health care; modifying termination and renewal of designation as an essential community provider; amending Minnesota Statutes 1998, section 62Q.19, subdivisions 2 and 6.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Folliard introduced:
H. F. No. 3357, A bill for an act relating to education; establishing a program of tuition and textbook reimbursement grants for students enrolled in accredited post-secondary Minnesota school guidance counseling training institutions; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 122A.
The bill was read for the first time and referred to the Committee on Education Policy.
Bishop, Solberg, Seagren, Goodno, Sykora and Greenfield introduced:
H. F. No. 3358, A bill for an act relating to state government; adjusting certain appropriation amounts to reflect the November 1999 forecast of state revenue and expenditures for human services, kindergarten through grade 12 education, and family and early childhood education; appropriating money; amending Laws 1999, chapter 205, article 1, section 71, subdivisions 3, 7, and 9; article 2, section 4, subdivision 3; article 4, section 12, subdivision 5, 6, and 7; chapter 241, article 1, section 68, subdivisions 2, 4, and 5; article 2, section 60, subdivisions 7, 12, 13, 14, and 17; article 3, section 3, subdivision 2; article 4, section 27, subdivisions 2, 3, 4, and 5; article 5, section 18, subdivisions 5 and 6; and article 6, section 14, subdivisions 2, 3, 4, and 5; and chapter 245, article 1, sections 1 and 2.
The bill was read for the first time and referred to the Committee on Ways and Means.
Ness, Mares, Buesgens, Cassell and Biernat introduced:
H. F. No. 3359, A bill for an act relating to education; establishing a uniform minimum length of the school year; amending Minnesota Statutes 1998, section 120A.41.
The bill was read for the first time and referred to the Committee on Education Policy.
Storm; Cassell; Rifenberg; Daggett; Clark, J.; Swenson and Erickson introduced:
H. F. No. 3360, A bill for an act relating to taxation; providing a farm rebate; appropriating money.
The bill was read for the first time and referred to the Committee on Taxes.
Stanek, Hilty, Fuller, Westerberg and Wenzel introduced:
H. F. No. 3361, A bill for an act relating to crime prevention; specifying that the board of public defense rather than the county in which prosecution originated may be responsible for certain costs related to providing a criminal defense; amending Minnesota Statutes 1998, section 611.21.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Trimble, Gunther and Mahoney introduced:
H. F. No. 3362, A bill for an act relating to appropriations; appropriating money for an "Intensive Intervention" transitional employment training project for refugee and immigrant communities.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Westerberg, Finseth, Vandeveer, Swenson and Gunther introduced:
H. F. No. 3363, A bill for an act relating to natural resources; appropriating money and authorizing bonds for clean water grants and public water accesses.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Cassell, Nornes, Westrom and Otremba introduced:
H. F. No. 3364, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; authorizing the board of trustees of the Minnesota state colleges and universities to make capital improvements to Alexandria technical college; authorizing issuance of bonds; appropriating money.
The bill was read for the first time and referred to the Committee on Higher Education Finance.
Abeler, Bradley, Carruthers, Huntley, McCollum, Nornes and Gleason introduced:
H. F. No. 3365, A bill for an act relating to vulnerable adults; modifying provisions concerning medical errors and neglect; requiring health licensing boards to make determinations regarding employment disqualifications; amending Minnesota Statutes 1998, section 626.5572, subdivision 17; Minnesota Statutes 1999 Supplement, section 245A.04, subdivision 3d; proposing coding for new law in Minnesota Statutes, chapter 214.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Gleason; Larson, D.; Mariani; Mares and Abeler introduced:
H. F. No. 3366, A bill for an act relating to education; providing for airport runway impact pupil unit aid for independent school district No. 280, Richfield.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Clark, K.; Rostberg and Mariani introduced:
H. F. No. 3367, A bill for an act relating to spoken language interpreters; establishing a voluntary registry administered by the department of human services; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Kahn, Kelliher, Trimble and Osskopp introduced:
H. F. No. 3368, A bill for an act relating to the environment; restricting outdoor light pollution; proposing coding for new law in Minnesota Statutes, chapter 116.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Peterson, Otremba, Paymar, Skoe and Kubly introduced:
H. F. No. 3369, A bill for an act relating to agriculture; prohibiting tampering with anhydrous ammonia; imposing penalties; amending Minnesota Statutes 1998, sections 18C.005, by adding subdivisions; 18C.201, by adding a subdivision; 18D.325, by adding a subdivision; and 18D.331, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Westerberg introduced:
H. F. No. 3370, A bill for an act relating to corrections; authorizing the commissioner of corrections to establish and operate alternative residential programs for juveniles; deleting a reference to a closed correctional facility; changing the data collection date for the Interstate Compact for Supervision of Parolees and Probationers Report; requiring an offender in phase II of the challenge incarceration program to report to an agent or program staff; requiring that pretrial diversion reports prepared by county attorneys be submitted to the state court administrator; appropriating money; amending Minnesota Statutes 1998, sections 242.32, by adding a subdivision; 242.55; 243.162, subdivision 3; 244.172, subdivision 2; and 401.065, subdivision 4.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Peterson and Ness introduced:
H. F. No. 3371, A bill for an act relating to agriculture; increasing the amount of livestock dealer bonds; clarifying status of certain grain buying transactions; changing certain grain storage provisions; amending Minnesota Statutes 1998, sections 17A.05, subdivision 2; 223.17, subdivision 5; 223.175; 232.21, by adding a subdivision; and 232.23, subdivisions 3 and 6.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Holberg, Smith, Broecker, Osskopp and Fuller introduced:
H. F. No. 3372, A bill for an act relating to crime; requiring defendants upon conviction to pay certain specific costs and disbursements of criminal prosecutions or investigations; amending Minnesota Statutes 1998, section 631.48.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Pawlenty introduced:
H. F. No. 3373, A bill for an act relating to human rights; prohibiting business discrimination on the basis of national origin; amending Minnesota Statutes 1998, section 363.03, subdivision 8a.
The bill was read for the first time and referred to the Committee on Civil Law.
Rest, Erhardt, Howes, Pugh and Haake introduced:
H. F. No. 3374, A bill for an act relating to property taxes; extending the education homestead credit to seasonal recreational property; changing the name to general education credit; amending Minnesota Statutes 1998, section 275.08, subdivision 1e; Minnesota Statutes 1999 Supplement, section 273.1382, subdivisions 1, 1a, and by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Mulder, Skoe, Finseth, Huntley and Winter introduced:
H. F. No. 3375, A bill for an act relating to health; modifying provisions for health care purchasing alliances; amending Minnesota Statutes 1998, sections 62T.03; 62T.05; 62T.06, subdivisions 1 and 2; and 62T.11; Minnesota Statutes 1999 Supplement, section 62T.04; proposing coding for new law in Minnesota Statutes, chapter 62T; repealing Minnesota Statutes 1998, section 62T.13.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Stanek; Larsen, P., and Murphy introduced:
H. F. No. 3376, A bill for an act relating to crime prevention; creating the Minnesota capitol police department and merging the capitol complex security division into it; creating a capitol complex security oversight committee; increasing the complement of state troopers assigned to provide security to the governor; appropriating money; amending Minnesota Statutes 1999 Supplement, section 626.84, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 299N; repealing Minnesota Statutes 1998, sections 299E.01; 299E.02; and 626.88, subdivision 3.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Johnson, Folliard, Schumacher, Skoe, Gleason, Leighton, Pugh, Carlson, Chaudhary, Juhnke and Hasskamp introduced:
H. F. No. 3377, A bill for an act relating to education finance; creating a grant program to fund school district technology needs; appropriating money.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Tomassoni introduced:
H. F. No. 3378, A bill for an act relating to St. Louis county; increasing the authorized number for a position in the unclassified service; amending Minnesota Statutes 1998, section 383C.035.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Goodno introduced:
H. F. No. 3379, A bill for an act relating to education; authorizing the board of trustees of the Minnesota state colleges and universities to construct a campus security building and lease state property at Moorhead state university.
The bill was read for the first time and referred to the Committee on Higher Education Finance.
Pawlenty, Dempsey, Wolf, Pugh and Milbert introduced:
H. F. No. 3380, A bill for an act relating to Dakota county; creating a pilot project to develop an integrated criminal justice information system; appropriating money.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Koskinen, Hilty and Skoglund introduced:
H. F. No. 3381, A bill for an act relating to commerce; providing for a tax credit; requiring security measures for convenience stores; prescribing penalties; amending Minnesota Statutes 1998, section 290.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299G.
The bill was read for the first time and referred to the Committee on Commerce.
Rhodes, Erhardt, Rest, Milbert and Abrams introduced:
H. F. No. 3382, A bill for an act relating to taxation; sales and use; exempting sales of investment coins and bullion; amending Minnesota Statutes 1998, section 297A.25, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Koskinen, Chaudhary and Johnson introduced:
H. F. No. 3383, A bill for an act relating to higher education; establishing a moratorium on campus closure by the board of trustees of the Minnesota state colleges and universities.
The bill was read for the first time and referred to the Committee on Higher Education Finance.
Van Dellen, Pugh, Sviggum, Kalis, Rifenberg, Gunther, Erhardt, Luther, Lenczewski, Otremba, Paulsen and Vandeveer introduced:
H. F. No. 3384, A bill for an act relating to health; providing a grant to the board of regents of the University of Minnesota for type 1 diabetes research; appropriating money; amending Minnesota Statutes 1999 Supplement, section 144.395, subdivision 2.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Dorman, Cassell and Abeler introduced:
H. F. No. 3385, A bill for an act relating to natural resources; appropriating money and authorizing bonds for improvements to fish facilities and wildlife management areas.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Abeler and Dorman introduced:
H. F. No. 3386, A bill for an act relating to natural resources; appropriating money and authorizing bonds for the critical habitat matching account.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Ozment, Westfall, Abeler and Dorman introduced:
H. F. No. 3387, A bill for an act relating to the environment; appropriating money for water pollution control.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.
Westerberg; Fuller; Storm; Clark, J.; Daggett; Erhardt; Broecker; Swenson; Wilkin; Cassell and Tingelstad introduced:
H. F. No. 3388, A bill for an act relating to taxation; providing a sales tax rebate; appropriating money.
The bill was read for the first time and referred to the Committee on Taxes.
Rukavina and Bakk introduced:
H. F. No. 3389, A bill for an act relating to the environment; providing reimbursement for certain small gasoline retailers for storage tank removal.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Erickson, Dehler, Rifenberg and Sykora introduced:
H. F. No. 3390, A bill for an act relating to education; authorizing academic achievement charter schools; amending Minnesota Statutes 1999 Supplement, section 124D.10, subdivision 4.
The bill was read for the first time and referred to the Committee on Education Policy.
Kubly and Seifert, M., introduced:
H. F. No. 3391, A bill for an act relating to highways; designating William Angermeyer Memorial Bridge; amending Minnesota Statutes 1998, section 161.14, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Seifert, M.; Clark, J.; Kubly; Tingelstad and Wenzel introduced:
H. F. No. 3392, A bill for an act relating to courts; clarifying when fine and fee transfers occur and what proceeds apply.
The bill was read for the first time and referred to the Committee on Civil Law.
Goodno introduced:
H. F. No. 3393, A bill for an act relating to natural resources; restricting recreational access to waterbodies; proposing coding for new law in Minnesota Statutes, chapter 86B.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Hasskamp introduced:
H. F. No. 3394, A bill for an act relating to human services; expanding eligibility of the senior drug program; increasing the asset limits for the qualified Medicare beneficiaries; amending Minnesota Statutes 1998, section 256.955, as amended; Minnesota Statutes 1999 Supplement, section 256B.057, subdivision 3.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Nornes, Wolf, Biernat and Seagren introduced:
H. F. No. 3395, A bill for an act relating to education; repealing the January 15 contract deadline date and penalty; repealing Minnesota Statutes 1998, section 123B.05, subdivisions 2, 3, 4, and 5; Minnesota Statutes 1999 Supplement, section 123B.05, subdivision 1.
The bill was read for the first time and referred to the Committee on Education Policy.
Hasskamp and Larsen, P., introduced:
H. F. No. 3396, A bill for an act relating to planning and zoning; extending the time for decision on conditional use permits; amending Minnesota Statutes 1998, sections 394.301, subdivision 2; and 462.3595, subdivision 2.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Gleason introduced:
H. F. No. 3397, A resolution memorializing Congress to direct the Federal Aviation Administration to release revenue from airport impact zone bonds.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Sykora introduced:
H. F. No. 3398, A bill for an act relating to education; early childhood; appropriating money for early childhood learning and child protection facilities.
The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.
Sykora introduced:
H. F. No. 3399, A bill for an act relating to newspapers; providing priority for official publication for a public body to a newspaper with either a known office of issue or a secondary office; amending Minnesota Statutes 1998, section 331A.04, subdivision 2; repealing Minnesota Statutes 1998, section 331A.04, subdivision 3.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Finseth, Holsten, Osskopp and Anderson, I., introduced:
H. F. No. 3400, A bill for an act relating to the environment; requiring public notice before sewage treatment systems or wastewater treatment facilities are approved; amending Minnesota Statutes 1998, sections 115.03, subdivision 5a; 115.55, by adding a subdivision; and 115.58, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 115.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Mares, Wenzel and Stanek introduced:
H. F. No. 3401, A bill for an act relating to retirement; Minneapolis firefighters' relief association; providing for an annual postretirement benefit.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Entenza, Mares, Kielkucki, Broecker and Koskinen introduced:
H. F. No. 3402, A bill for an act relating to education; requiring a criminal background check for nonlicensed individuals paid to provide classroom instruction; amending Minnesota Statutes 1999 Supplement, section 123B.03, subdivision 1.
The bill was read for the first time and referred to the Committee on Education Policy.
Luther; Larson, D.; Marko; Gray; Schumacher and McGuire introduced:
H. F. No. 3403, A bill for an act relating to consumer protection; regulating certain telephone sales calls; providing remedies; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 325G.
The bill was read for the first time and referred to the Committee on Commerce.
Peterson, Storm, Juhnke and Ness introduced:
H. F. No. 3404, A bill for an act relating to utilities; modifying biomass mandate; amending Minnesota Statutes 1998, section 216B.2424, subdivision 5.
The bill was read for the first time and referred to the Committee on Commerce.
Van Dellen introduced:
H. F. No. 3405, A bill for an act relating to civil actions; clarifying a reference to the medical malpractice statute of limitations; amending Minnesota Statutes 1998, section 573.02, subdivision 1.
The bill was read for the first time and referred to the Committee on Civil Law.
McCollum, Hasskamp, Luther, Mahoney, Carlson and Mullery introduced:
H. F. No. 3406, A bill for an act relating to taxation; setting maximum passenger automobile registration tax at $65; clarifying and changing obsolete, archaic, or redundant statutory language; amending Minnesota Statutes 1998, section 168.013, subdivision 1a.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Rest and Bakk introduced:
H. F. No. 3407, A bill for an act relating to taxation; reducing passenger automobile registration tax rate; changing vehicle depreciation schedule; reducing minimum additional registration tax; clarifying and removing obsolete, archaic, and redundant statutory language; amending Minnesota Statutes 1998, section 168.013, subdivision 1a.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Tomassoni, Rukavina and Bakk introduced:
H. F. No. 3408, A bill for an act relating to education; providing independent school district No. 2142, St. Louis county, with alternative facilities bonding and levy program authority.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Bradley, Greenfield, Abeler, McCollum and Boudreau introduced:
H. F. No. 3409, A bill for an act relating to human services; modifying provisions in continuing care services for persons with disabilities; amending Minnesota Statutes 1998, section 62D.09, subdivision 8; Minnesota Statutes 1999 Supplement, sections 62Q.73, subdivision 2; 256B.0625, subdivision 19c; 256B.0627, subdivisions 5, 8, and 11; 256B.501, subdivision 8a; 256B.5011, subdivision 2; 256B.5013, subdivision 1, and by adding subdivisions; and 256B.77, subdivision 8.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Lenczewski introduced:
H. F. No. 3410, A bill for an act relating to local government; repealing the authority to create a tax increment financing district in Burnsville; repealing Laws 1998, chapter 389, article 11, section 18.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Lenczewski introduced:
H. F. No. 3411, A bill for an act relating to local government; repealing the authority to impose an admissions tax for the city of Burnsville; repealing Laws 1998, chapter 389, article 11, section 17.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Wagenius; Larsen, P.; Goodno; McCollum and Huntley introduced:
H. F. No. 3412, A bill for an act relating to the environment; requiring a risk evaluation for certain water quality and safe drinking water standards; proposing coding for new law in Minnesota Statutes, chapter 115.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Vandeveer; Stanek; Reuter; Chaudhary; Seifert, J.; Osskopp; Tuma; Abeler; Knoblach; Larsen, P.; Boudreau and Anderson, B., introduced:
H. F. No. 3413, A bill for an act relating to crime; providing that any defendant convicted a third time of certain felonies involving use or possession of a firearm shall be sentenced to an imprisonment penalty of no less than 20 years and up to life imprisonment; amending Minnesota Statutes 1998, section 609.11, subdivision 5.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Leighton, Pugh, Koskinen, Chaudhary and Lenczewski introduced:
H. F. No. 3414, A bill for an act relating to labor; increasing penalties for violations of child labor laws; amending Minnesota Statutes 1998, section 181A.12, subdivision 1.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Policy.
McCollum, Marko, Carlson, Trimble, Mullery, Greiling, McGuire, Leighton, Pugh and Mahoney introduced:
H. F. No. 3415, A bill for an act relating to taxation; providing for a permanent procedure for a sales tax reduction or a sales tax rebate to local governments; requiring local governments to reduce property tax levies to reflect any sales tax rebate; amending Minnesota Statutes 1998, sections 16A.152, subdivision 2; and 297A.02, subdivision 1, and by adding a subdivision; Minnesota Statutes 1999 Supplement, sections 16A.1522; and 275.71, subdivision 4.
The bill was read for the first time and referred to the Committee on Taxes.
Holsten; Osthoff; Anderson, I., and Ozment introduced:
H. F. No. 3416, A bill for an act relating to natural resources; placing conditions on acquisition of real property paid for from certain environmental funds; proposing coding for new law in Minnesota Statutes, chapter 116P.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Opatz, Pelowski, Carlson, Folliard and Dorn introduced:
H. F. No. 3417, A bill for an act relating to education; providing funding for the Minnesota state colleges and universities comparable to national peer institutions; appropriating money.
The bill was read for the first time and referred to the Committee on Higher Education Finance.
Peterson; Trimble; Juhnke; Larsen, P., and Broecker introduced:
H. F. No. 3418, A bill for an act relating to crime prevention; appropriating funds for grants to purchase drug-sniffing dogs.
The bill was read for the first time and referred to the Committee on Judiciary Finance.
McGuire, Trimble, Haake, Hausman and McCollum introduced:
H. F. No. 3419, A bill for an act relating to capital improvements; appropriating money for the Gibbs farm interpretive/visitors center; authorizing state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Larsen, P.; Holberg; Broecker; Seifert, J.; Vandeveer; Stanek; Harder; Westerberg; Davids and Kuisle introduced:
H. F. No. 3420, A bill for an act relating to taxation; sales and use; exempting sales to political subdivisions of a state; amending Minnesota Statutes 1998, section 297A.47; Minnesota Statutes 1999 Supplement, section 297A.25, subdivision 11.
The bill was read for the first time and referred to the Committee on Taxes.
Bakk, Rukavina, Solberg and Tomassoni introduced:
H. F. No. 3421, A bill for an act relating to utilities; regulating an electric cooperative's election to be regulated; amending Minnesota Statutes 1998, section 216B.026, subdivisions 1 and 4.
The bill was read for the first time and referred to the Committee on Commerce.
Dempsey, Broecker, Stanek, Murphy and Clark, J., introduced:
H. F. No. 3422, A bill for an act relating to corrections; authorizing confining juveniles adjudicated delinquent and juveniles convicted of crimes at the same facility; setting per diem cost of confinement at Minnesota correctional facility-Red Wing based on certain factors; amending Minnesota Statutes 1998, sections 242.18; 242.41; 242.43; and 242.44; Minnesota Statutes 1999 Supplement, section 242.192.
The bill was read for the first time and referred to the Committee on Crime Prevention.
Greiling, McGuire and Huntley introduced:
H. F. No. 3423, A bill for an act relating to insurance; regulating motor vehicle glass repair and replacement; amending Minnesota Statutes 1998, section 72A.201, subdivision 6.
The bill was read for the first time and referred to the Committee on Commerce.
Pawlenty, Gerlach, Molnau and Tingelstad introduced:
H. F. No. 3424, A bill for an act relating to real property; requiring the secretary of state to establish a task force to study and make recommendations on electronic filing of real estate documents.
The bill was read for the first time and referred to the Committee on Civil Law.
Peterson, Kalis, Murphy and Luther introduced:
H. F. No. 3425, A bill for an act relating to capital improvements; authorizing bonds and appropriating money to renovate a nursing home and add assisted living housing units and adult and child day care space in the city of Dawson.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Holsten introduced:
H. F. No. 3426, A bill for an act proposing an amendment to the Minnesota Constitution by adding a section to article XI; dedicating the sales tax receipts equal to a sales tax of one-eighth of one percent on taxable sales for natural resource purposes.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Bakk and Rukavina introduced:
H. F. No. 3427, A bill for an act relating to capital improvements; appropriating money to acquire land for and construct the Orr-Ely North American Bear center; authorizing the sale of state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Molnau, Lieder, Kalis, Kuisle, Workman, Juhnke, Finseth and Ozment introduced:
H. F. No. 3428, A bill for an act relating to natural resources; providing funding for wetland replacement for public road repair, maintenance, and rehabilitation; authorizing state bonds; appropriating money.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Davids introduced:
H. F. No. 3429, A bill for an act relating to game and fish; modifying trout angling provisions in certain counties; amending Minnesota Statutes 1998, sections 97C.395, subdivision 1; and 97C.415, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Luther; Larson, D., and Gray introduced:
H. F. No. 3430, A bill for an act relating to tax relief; providing a sales tax rebate payable in 2000; expanding eligibility for the 1999 sales tax rebate; extending certain dates relating to the 1999 sales tax rebate; providing for a payment to farmers at risk based on the acreage of agricultural use land; appropriating money; amending Laws 1999, chapter 243, article 1, section 2.
The bill was read for the first time and referred to the Committee on Taxes.
Finseth introduced:
H. F. No. 3431, A bill for an act relating to probate; modifying provisions for making anatomical gifts on driver's license applications; providing for notice regarding the scope of anatomical gifts; amending Minnesota Statutes 1998, sections 171.06, subdivision 3; and 525.9214.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Dawkins introduced:
H. F. No. 3432, A bill for an act relating to education; appropriating money for an Achievement Plus facility in independent school district No. 625, St. Paul.
The bill was read for the first time and referred to the Committee on K-12 Education Finance.
Osthoff introduced:
H. F. No. 3433, A bill for an act relating to the St. Paul port authority; changing the powers and jurisdiction with respect to recreation facilities and recreation purposes; amending Minnesota Statutes 1998, section 469.084, subdivisions 1 and 4.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Mariani, Otremba, McCollum, Dorn and Clark, K., introduced:
H. F. No. 3434, A bill for an act relating to MFIP; revising MFIP sanctions; amending Minnesota Statutes 1999 Supplement, section 256J.46, subdivision 1.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Otremba, Wenzel, Peterson, Leighton and Skoe introduced:
H. F. No. 3435, A bill for an act relating to agriculture; changing the scope of the value-added agricultural product processing and marketing grant program; amending Minnesota Statutes 1998, section 17.101, subdivision 5.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Seifert, M.; Pelowski; Dorn and Erickson introduced:
H. F. No. 3436, A bill for an act relating to education; prohibiting the state board of teaching from adopting certain rules before September 1, 2002.
The bill was read for the first time and referred to the Committee on Education Policy.
Pawlenty, Kalis, Solberg, Molnau, Sviggum, Pugh, Tuma, Seagren, Leppik, Dempsey, Trimble, Vandeveer, Lindner, Wejcman, Murphy, Carruthers and Lieder introduced:
H. F. No. 3437, A bill for an act relating to capital improvements; appropriating money to improve the Gillette children's hospital in Ramsey county; authorizing the sale of state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Seifert, J.; Davids and Entenza introduced:
H. F. No. 3438, A bill for an act relating to consumer protection; requiring insurance companies to provide a written notice of adverse underwriting decisions made on the basis of credit information given to the insurer by a consumer reporting agency; amending Minnesota Statutes 1998, section 72A.499, subdivision 1.
The bill was read for the first time and referred to the Committee on Commerce.
Abeler introduced:
H. F. No. 3439, A bill for an act relating to retirement; public employees police and fire retirement plan; city of Anoka; authorizing retirement coverage for certain fire marshals who formerly were firefighters.
The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs Policy.
Pugh, Pelowski, Carruthers, Tomassoni, Mahoney, Milbert, Leighton, Opatz, Peterson, Chaudhary, Lieder, Huntley, Greiling, Carlson, Rest, Gleason and Hilty introduced:
H. F. No. 3440, A bill for an act relating to education; providing a debt service tuition rebate to public post-secondary students; appropriating money; amending Minnesota Statutes 1998, section 16A.643, subdivision 1, and by adding a subdivision.
The bill was read for the first time and referred to the Committee on Higher Education Finance.
Harder introduced:
H. F. No. 3441, A bill for an act relating to agriculture; making technical changes to pesticide and fertilizer laws; amending Minnesota Statutes 1998, sections 18B.07, subdivision 2; 18C.005, subdivision 34, and by adding a subdivision; 18C.215, subdivisions 1, 2, and by adding a subdivision; 18C.411, subdivision 1; 18C.421, subdivision 1; and 18D.201, subdivision 3.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Harder introduced:
H. F. No. 3442, A bill for an act relating to agriculture; changing the corporate and partnership farming law; amending Minnesota Statutes 1998, section 500.24, subdivisions 4 and 5; Minnesota Statutes 1999 Supplement, section 500.24, subdivisions 2 and 3.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
The following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:
S. F. No. 2763.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 2763, A bill for an act relating to game and fish; modifying certain angling seasons.
The bill was read for the first time.
SUSPENSION OF RULES
Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Haas moved that the rule therein be suspended and an urgency be declared so that S. F. No. 2763 be given its second and third readings and be placed upon its final passage. The motion prevailed.
Haas moved that the rules of the House be so far suspended that S. F. No. 2763 be given its second and third readings and be placed upon its final passage. The motion prevailed.
S. F. No. 2763 was read for the second time.
S. F. No. 2763, A bill for an act relating to game and fish; modifying certain angling seasons.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abeler | Dorman | Howes | Mahoney | Pawlenty | Swenson | |
Abrams | Dorn | Huntley | Mares | Paymar | Sykora | |
Anderson, B. | Entenza | Jaros | Mariani | Pelowski | Tingelstad | |
Anderson, I. | Erhardt | Jennings | Marko | Peterson | Tomassoni | |
Bakk | Erickson | Johnson | McCollum | Pugh | Trimble | |
Biernat | Finseth | Juhnke | McElroy | Rest | Tuma | |
Bishop | Folliard | Kahn | McGuire | Reuter | Tunheim | |
Boudreau | Fuller | Kalis | Milbert | Rhodes | Van Dellen | |
Bradley | Gerlach | Kelliher | Molnau | Rifenberg | Vandeveer | |
Broecker | Gleason | Kielkucki | Mulder | Rostberg | Wagenius | |
Buesgens | Goodno | Knoblach | Mullery | Rukavina | Wenzel | |
Carlson | Gray | Koskinen | Murphy | Schumacher | Westerberg | |
Carruthers | Greiling | Krinkie | Ness | Seagren | Westfall | |
Cassell | Gunther | Kubly | Nornes | Seifert, J. | Westrom | |
Chaudhary | Haake | Kuisle | Olson | Seifert, M. | Wilkin | |
Clark, J. | Haas | Larsen, P. | Opatz | Skoe | Winter | |
Clark, K. | Hackbarth | Larson, D. | Orfield | Skoglund | Wolf | |
Daggett | Harder | Leighton | Osskopp | Smith | Workman | |
Davids | Hasskamp | Lenczewski | Osthoff | Stanek | Spk. Sviggum | |
Dawkins | Hilty | Lieder | Otremba | Stang | ||
Dehler | Holberg | Lindner | Ozment | Storm | ||
Dempsey | Holsten | Luther | Paulsen | Swapinski | ||
Those who voted in the negative were:
HausmanWejcman | ||
The bill was passed and its title agreed to.
H. F. No. 2686, A bill for an act relating to regulated industries; extending expiration date of legislative electric energy task force; amending Minnesota Statutes 1998, section 216C.051, subdivision 9.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Those who voted in the negative were:
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 2815, A bill for an act relating to crime; providing for the distribution of certain fine proceeds in Hennepin county; repealing an expiration date; amending Minnesota Statutes 1998, section 488A.03, subdivision 11; repealing Laws 1998, chapter 367, article 8, section 25.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
The bill was passed and its title agreed to.
Koskinen moved that her name be stricken as an author on H. F. No. 2631. The motion prevailed.
Schumacher moved that her name be stricken as an author on H. F. No. 2631. The motion prevailed.
Smith moved that the name of Westerberg be added as an author on H. F. No. 2653. The motion prevailed.
Stanek moved that the name of Abeler be added as an author on H. F. No. 2745. The motion prevailed.
Mulder moved that the name of Dorn be added as an author on H. F. No. 2779. The motion prevailed.
Davids moved that the name of Abeler be added as an author on H. F. No. 2783. The motion prevailed.
Opatz moved that the name of Schumacher be added as an author on H. F. No. 2812. The motion prevailed.
Rhodes moved that the name of Abeler be added as an author on H. F. No. 2822. The motion prevailed.
Rostberg moved that the name of Anderson, B., be added as an author on H. F. No. 2836. The motion prevailed.
Knoblach moved that the name of Abeler be added as an author on H. F. No. 2845. The motion prevailed.
Bradley moved that the name of Harder be added as an author on H. F. No. 2846. The motion prevailed.
Milbert moved that his name be stricken as an author on H. F. No. 2846. The motion prevailed.
Kubly moved that the name of Cassell be added as an author on H. F. No. 2852. The motion prevailed.
Pelowski moved that the name of Abeler be added as an author on H. F. No. 2855. The motion prevailed.
Orfield moved that the name of Abeler be added as an author on H. F. No. 2876. The motion prevailed.
Peterson moved that the names of Luther and Chaudhary be added as authors on H. F. No. 2877. The motion prevailed.
Skoglund moved that the name of Abeler be added as an author on H. F. No. 2878. The motion prevailed.
Hackbarth moved that the name of Luther be added as an author on H. F. No. 2889. The motion prevailed.
Molnau moved that the name of Abeler be added as an author on H. F. No. 2891. The motion prevailed.
Sykora moved that the names of Davids, Seagren and Wilkin be added as authors on H. F. No. 2945. The motion prevailed.
Mahoney moved that the name of Westerberg be added as an author on H. F. No. 2958. The motion prevailed.
Peterson moved that the names of Kalis and Lenczewski be added as authors on H. F. No. 2977. The motion prevailed.
Nornes moved that the name of Westerberg be added as an author on H. F. No. 2983. The motion prevailed.
Harder moved that the names of Leppik, Dempsey, Sykora, Olson and Mares be added as authors on H. F. No. 2988. The motion prevailed.
Wolf moved that the names of Huntley and Davids be added as authors on H. F. No. 2996. The motion prevailed.
Koskinen moved that the name of Davids be added as an author on H. F. No. 3008. The motion prevailed.
Westfall moved that the names of Davids and Daggett be added as authors on H. F. No. 3022. The motion prevailed.
Finseth moved that the name of Daggett be added as an author on H. F. No. 3059. The motion prevailed.
Seifert, J., moved that the name of Carruthers be added as an author on H. F. No. 3066. The motion prevailed.
Workman moved that the names of Johnson, Kalis and Lieder be added as authors on H. F. No. 3070. The motion prevailed.
Skoglund moved that his name be stricken as an author on H. F. No. 3085. The motion prevailed.
Bakk moved that the name of Luther be added as an author on H. F. No. 3086. The motion prevailed.
Greiling moved that the name of Hasskamp be added as an author on H. F. No. 3092. The motion prevailed.
Hilty moved that the names of Tunheim, Kubly, Peterson, Leighton, Schumacher, Skoe and Otremba be added as authors on H. F. No. 3099. The motion prevailed.
Ozment moved that the name of Kelliher be added as an author on H. F. No. 3134. The motion prevailed.
Osthoff moved that the name of Kelliher be added as an author on H. F. No. 3185. The motion prevailed.
Rostberg moved that the name of Anderson, B., be added as an author on H. F. No. 3199. The motion prevailed.
Rifenberg moved that the name of Clark, J., be added as an author on H. F. No. 3206. The motion prevailed.
Nornes moved that the names of Westerberg and Olson be added as authors on H. F. No. 3226. The motion prevailed.
Ozment moved that H. F. No. 2427 be recalled from the Committee on Environment and Natural Resources Policy and be re-referred to the Committee on Governmental Operations and Veterans Affairs Policy. The motion prevailed.
Molnau moved that H. F. No. 2702 be recalled from the Committee on Transportation Finance and be re- referred to the Committee on Jobs and Economic Development Finance. The motion prevailed.
Howes moved that H. F. No. 2806 be recalled from the Committee on Transportation Policy and be re- referred to the Committee on Transportation Finance. The motion prevailed.
Peterson moved that H. F. No. 2905 be recalled from the Committee on Judiciary Finance and be re-referred to the Committee on Transportation Finance. The motion prevailed.
Bakk moved that H. F. No. 2965 be recalled from the Committee on Environment and Natural Resources Policy and be re-referred to the Committee on Environment and Natural Resources Finance. The motion prevailed.
Bishop moved that H. F. No. 3085 be recalled from the Committee on Crime Prevention and be re-referred to the Committee on Judiciary Finance. The motion prevailed.
Trimble moved that H. F. No. 3171 be recalled from the Committee on Jobs and Economic Development Finance and be re-referred to the Committee on Environment and Natural Resources Finance. The motion prevailed.
McGuire moved that H. F. No. 3181 be recalled from the Committee on Crime Prevention and be re-referred to the Committee on Civil Law. The motion prevailed.
Rhodes moved that H. F. No. 3195 be recalled from the Committee on Governmental Operations and Veterans Affairs Policy and be re-referred to the Committee on Higher Education Finance. The motion prevailed.
Smith moved that H. F. No. 3200 be recalled from the Committee on Transportation Policy and be re- referred to the Committee on Civil Law. The motion prevailed.
Boudreau moved that H. F. No. 3300 be recalled from the Committee on Health and Human Services Policy and be re-referred to the Committee on Family and Early Childhood Education Finance. The motion prevailed.
Biernat moved that H. F. No. 3322 be recalled from the Committee on Transportation Policy and be re- referred to the Committee on Crime Prevention. The motion prevailed.
Tingelstad moved that H. F. No. 2545 be returned to its author. The motion prevailed.
Rhodes and Ozment introduced:
House Resolution No. 15, A house resolution in support of the confirmation of Steve Minn as commissioner of the departments of public service and commerce.
The resolution was referred to the Committee on Rules and Legislative Administration.
Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Wednesday, February 16, 2000. The motion prevailed.
Pawlenty moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Wednesday, February 16, 2000.
Edward A. Burdick, Chief Clerk, House of Representatives