Journal of the House - 39th Day - Tuesday, April 24, 2001

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2183

STATE OF MINNESOTA

EIGHTY-SECOND SESSION 2001

__________________

THIRTY-NINTH DAY

Saint Paul, Minnesota, Tuesday, April 24, 2001

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 Chuck Knapp, Morning Host of KTIS FM 98.5, St. Paul and 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 Dorn Holberg Leppik Osthoff Solberg
Abrams Eastlund Holsten Lieder Otremba Stanek
Anderson, B. Entenza Howes Lindner Ozment Stang
Anderson, I. Erhardt Huntley Lipman Paulsen Swapinski
Bakk Erickson Jacobson Luther Pawlenty Swenson
Bernardy Evans Jaros Mahoney Paymar Sykora
Biernat Finseth Jennings Mares Pelowski Thompson
Bishop Folliard Johnson, J. Mariani Penas Tingelstad
Boudreau Fuller Johnson, R. Marko Peterson Tuma
Bradley Gerlach Johnson, S. Marquart Pugh Vandeveer
Buesgens Gleason Juhnke McElroy Rhodes Wagenius
Carlson Goodno Kahn McGuire Rifenberg Walker
Cassell Goodwin Kalis Milbert Rukavina Walz
Clark, J. Gray Kelliher Molnau Ruth Wasiluk
Clark, K. Greiling Kielkucki Mulder Schumacher Wenzel
Daggett Gunther Knoblach Mullery Seagren Westerberg
Davnie Haas Koskinen Murphy Seifert Westrom
Dawkins Hackbarth Krinkie Ness Sertich Wilkin
Dehler Harder Kubly Nornes Skoe Winter
Dempsey Hausman Kuisle Olson Skoglund Wolf
Dibble Hilstrom Larson Opatz Slawik Workman
Dorman Hilty Leighton Osskopp Smith Spk. Sviggum

A quorum was present.

Davids was excused until 5:05 p.m. Lenczewski was excused until 5:45 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Thompson moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2184

REPORTS OF CHIEF CLERK

S. F. No. 333 and H. F. No. 1145, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Boudreau moved that the rules be so far suspended that S. F. No. 333 be substituted for H. F. No. 1145 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 511 and H. F. No. 406, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Jennings moved that the rules be so far suspended that S. F. No. 511 be substituted for H. F. No. 406 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1155 and H. F. No. 1085, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Workman moved that S. F. No. 1155 be substituted for H. F. No. 1085 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1222 and H. F. No. 1023, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Biernat moved that S. F. No. 1222 be substituted for H. F. No. 1023 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1264 and H. F. No. 694, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Davids moved that the rules be so far suspended that S. F. No. 1264 be substituted for H. F. No. 694 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1392 and H. F. No. 1489, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Hilty moved that the rules be so far suspended that S. F. No. 1392 be substituted for H. F. No. 1489 and that the House File be indefinitely postponed. The motion prevailed.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2185

S. F. No. 1397 and H. F. No. 1381, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Wilkin moved that the rules be so far suspended that S. F. No. 1397 be substituted for H. F. No. 1381 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1407 and H. F. No. 1928, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Walker moved that the rules be so far suspended that S. F. No. 1407 be substituted for H. F. No. 1928 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1552 and H. F. No. 992, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Skoglund moved that S. F. No. 1552 be substituted for H. F. No. 992 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1826 and H. F. No. 1955, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Davids moved that the rules be so far suspended that S. F. No. 1826 be substituted for H. F. No. 1955 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1964 and H. F. No. 2130, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Larson moved that S. F. No. 1964 be substituted for H. F. No. 2130 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1965 and H. F. No. 2116, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

McElroy moved that the rules be so far suspended that S. F. No. 1965 be substituted for H. F. No. 2116 and that the House File be indefinitely postponed. The motion prevailed.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2186

REPORTS OF STANDING COMMITTEES

Goodno from the Committee on Health and Human Services Finance to which was referred:

H. F. No. 440, A bill for an act relating to probate; providing for a background study before appointment of guardians or conservators; authorizing access to data on substantiated maltreatment of vulnerable adults; providing for background study systems and records in the department of human services; amending Minnesota Statutes 2000, section 525.539, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 245A; 525.

Reported the same back with the following amendments:

Page 2, line 1, after the period, insert "The fees collected under this paragraph are appropriated to the commissioner for the purpose of conducting background studies."

Page 2, line 12, after the period, insert "The fees collected under this subdivision are appropriated to the commissioner for the purpose of obtaining criminal history data from the national criminal records repository."

Page 2, line 25, delete "three" and insert "five"

Page 2, line 26, delete "three" and insert "five"

Amend the title as follows:

Page 1, line 7, after the semicolon, insert "appropriating money;"

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.

Krinkie from the Committee on State Government Finance to which was referred:

H. F. No. 781, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article V, sections 1, 3, and 4; article VIII, section 2; creating the constitutional office of commissioner of agriculture; amending Minnesota Statutes 2000, sections 10A.25, subdivision 2; 15.01; 15.06, subdivision 1; 17.01.

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

The report was adopted.

McElroy from the Committee on Jobs and Economic Development Finance to which was referred:

H. F. No. 1390, A bill for an act relating to employment training; establishing a demonstration training project for spoken language interpreters.

Reported the same back with the following amendments:

Page 1, line 12, delete "with" and insert "by"

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2187

Page 1, line 25, before "interpreting" insert "consecutive"

Page 2, line 5, after "work" insert "as interpreters"

Page 2, line 10, delete "116J, must" and insert "116L, may"

Page 2, after line 31, insert:

"Sec. 2. [APPROPRIATION.]

$150,000 is appropriated from the general fund to the department of trade and economic development for the purposes of section 1. This appropriation is available until June 30, 2003."

Amend the title as follows:

Page 1, line 4, before the period, insert "; appropriating money"

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance without further recommendation.

The report was adopted.

Goodno from the Committee on Health and Human Services Finance to which was referred:

H. F. No. 1807, A bill for an act relating to children; providing for measures to improve child support collection and enforcement; providing civil penalties; amending Minnesota Statutes 2000, sections 13B.06, subdivision 7; 256.741, subdivisions 1, 5, and 8; 256.979, subdivisions 5 and 6; 393.07, by adding a subdivision; 518.5513, subdivision 5; 518.575, subdivision 1; 518.5851, by adding a subdivision; 518.5853, by adding a subdivision; 518.6195; 518.64, subdivision 2; 518.641, subdivisions 1, 2, 3, and by adding a subdivision; and 548.091, subdivision 1a; repealing Minnesota Statutes 2000, section 518.641, subdivisions 4 and 5.

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

The report was adopted.

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 2177, A bill for an act relating to employment; establishing a pilot program for long-term vocational rehabilitation services for persons with brain injuries; 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.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2188

Davids from the Committee on Commerce, Jobs and Economic Development to which was referred:

H. F. No. 2430, A resolution urging the United States Congress to amend the Railroad Unemployment Insurance Act.

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

The report was adopted.

Bishop from the Committee on Ways and Means to which was referred:

H. F. No. 2486, A bill for an act relating to state government; appropriating money for economic development, housing, and certain agencies of state government; establishing and modifying programs; transferring certain duties and funds; establishing an account; consolidating housing programs; regulating activities and practices; modifying fees; making conforming changes; requiring reports; revising certain provisions involving state regulation of private health coverage; transferring certain regulatory control; establishing requirements for managed care plans; codifying reorganization order No. 181; transferring the remaining duties of the commissioner of public service to the commissioner of commerce; instructing the revisor to change certain terms; modifying provisions of the Minnesota Electrical Act; providing for power limited technician licensing; amending Minnesota Statutes 2000, sections 3C.12, subdivision 2; 13.679; 15.01; 15.06, subdivision 1; 15A.0815, subdivision 2; 16B.32, subdivision 2; 16B.335, subdivision 4; 16B.56, subdivision 1; 16B.76, subdivision 1; 17.86, subdivision 3; 18.024, subdivision 1; 43A.08, subdivision 1a; 45.012; 62A.021, subdivision 1; 62A.041, subdivisions 1, 2; 62A.042; 62A.043, subdivision 1; 62A.105; 62A.14; 62A.149, subdivision 1; 62A.15, subdivision 1; 62A.152, subdivision 1; 62A.153; 62A.20; 62A.21; 62A.615; 62A.616; 62A.65, subdivision 5; 62D.02, subdivisions 3, 8; 62D.12, subdivisions 1, 1a; 62D.15, subdivision 1; 62D.24; 62E.05, subdivision 2; 62E.11, subdivision 13; 62E.14, subdivision 6; 62E.16; 62J.041, subdivision 4; 62J.701; 62J.74, subdivisions 1, 2; 62J.75; 62L.02, subdivision 8; 62L.05, subdivision 12; 62L.08, subdivisions 10, 11; 62L.09, subdivision 3; 62L.10, subdivision 4; 62L.11, subdivision 2; 62L.12, subdivision 2; 62M.11; 62M.16; 62N.02, subdivision 4; 62N.26; 62Q.01, subdivision 2; 62Q.03, subdivision 5a; 62Q.07; 62Q.106; 62Q.22, subdivisions 2, 6, 7; 62Q.32; 62Q.33, subdivision 2; 62Q.49, subdivision 2; 62Q.51, subdivision 3; 62Q.525, subdivision 3; 62Q.68, subdivision 1; 62Q.69, subdivisions 2, 3; 62Q.71; 62Q.72; 62Q.73, subdivisions 3, 4, 5, 6; 62R.04, subdivision 5; 62R.06, subdivision 1; 62T.01, subdivision 4; 103F.325, subdivisions 2, 3; 115A.15, subdivision 5; 116J.8731, subdivision 1; 116L.03, subdivisions 2, 3, 5; 116O.06, subdivision 2; 123B.65, subdivisions 1, 3, 5; 138.664, by adding a subdivision; 161.45, subdivision 1; 168.61, subdivision 1; 169.073; 174.03, subdivision 7; 181.30; 184.29; 184.30, subdivision 1; 184.38, subdivisions 6, 8, 9, 10, 11, 17, 18, 20; 184.41; 216A.01; 216A.035; 216A.036; 216A.05, subdivision 1; 216A.07, subdivision 1; 216A.08; 216A.085, subdivision 3; 216B.02, subdivisions 1, 7, 8; 216B.16, subdivisions 1, 2, 6b, 15; 216B.162, subdivisions 7, 11; 216B.1675, subdivision 9; 216B.241, subdivisions 1a, 1b, 2b; 216C.01, subdivisions 1, 2, 3; 216C.051, subdivision 6; 216C.06, by adding a subdivision; 216C.37, subdivision 1; 216C.40, subdivision 4; 216C.41; 237.02; 237.075, subdivisions 2, 9; 237.082; 237.21; 237.30; 237.462, subdivision 6; 237.51, subdivisions 1, 5, 5a; 237.52, subdivisions 2, 4, 5; 237.54, subdivision 2; 237.55; 237.59, subdivision 2; 237.768; 239.01; 239.10; 256B.692, subdivisions 2, 7; 257.34, subdivision 1; 268.022, subdivisions 1, 2; 325E.11; 325E.115, subdivision 2; 326.01, subdivisions 5, 6g, by adding subdivisions; 326.241, subdivision 1; 326.242, subdivisions 1, 2, 3, 5, 6, 6a, 6b, 6c, 7, 8, 10, 12, by adding a subdivision; 326.2421, subdivisions 2, 9; 326.243; 326.244, subdivisions 1a, 2, 5, 6; 462.21, by adding a subdivision; 462A.01; 462A.03, subdivisions 1, 6, 10, by adding a subdivision; 462A.04, subdivision 6; 462A.05, subdivisions 14, 14a, 16, 22, 26; 462A.06, subdivisions 1, 4; 462A.07, subdivisions 10, 12; 462A.073, subdivision 1; 462A.15; 462A.17, subdivision 3; 462A.20, subdivision 3; 462A.201, subdivisions 2, 6; 462A.204, subdivision 3; 462A.205, subdivisions 4, 4a; 462A.209; 462A.2091, subdivision 3; 462A.2093, subdivision 1; 462A.2097; 462A.21, subdivisions 5, 10, by adding subdivisions; 462A.222, subdivision 1a; 462A.24; 462A.33, subdivisions 1, 2, 3, 5, by adding a subdivision; 484.50; Laws 1993, chapter 301, section 1, subdivision 4, as amended; Laws 1995, chapter 248, article 12, section 2, as amended; article 13, section 2, subdivision 2, as amended; Laws 2000, chapter 488, article 8, section 2, subdivision 6, as amended; proposing coding for new law in Minnesota Statutes, chapters 116L; 122A; 462A; proposing coding for new law as Minnesota Statutes, chapter 62U; repealing Minnesota Statutes 2000, sections 62A.049; 62A.21, subdivision 3; 62C.14, subdivisions 5, 5a, 5b, 14; 62C.142;

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2189

62D.09, subdivision 3; 62D.101; 62D.105; 62D.12, subdivision 19; 62D.123, subdivisions 2, 3, 4; 62D.124; 62Q.095, subdivisions 1, 2, 3, 4, 6; 62Q.45; 138A.01; 138A.02; 138A.03; 138A.04; 138A.05; 138A.06; 184.22, subdivisions 2, 3, 4, 5; 184.37, subdivision 2; 216A.06; 237.69, subdivision 3; 268.96; 268.975; 268.976; 268.9771; 268.978; 268.9781; 268.9782; 268.9783; 268.979; 268.98; 326.01, subdivision 6d; 326.2421, subdivisions 3, 4, 6, 8; 462A.201, subdivision 4; 462A.207; 462A.209, subdivision 4; 462A.21, subdivision 17; 462A.221, subdivision 4; 462A.30, subdivision 2; 462A.33, subdivisions 4, 6, 7; Minnesota Rules, parts 3800.3500, subpart 12; 4685.0801, subpart 7; 4685.1010; 4685.1300; 4685.1900; 4685.2000; 4685.2200, subpart 3; 4685.1105; 4685.1110; 4685.1115; 4685.1120; 4685.1125; 4685.1130.

Reported the same back with the following amendments:

Page 13, after line 46, insert:

"The agency shall strongly consider funding proposals by community agencies in partnership with local governments or the federal government to assist in the development, construction, acquisition, or rehabilitation of supportive and permanent housing located on property owned by the United States Department of Veterans Affairs which will serve veterans and single adults who are homeless or at risk of becoming homeless and which will provide or coordinate health and social services needed by the residents."

Page 14, line 55, delete "Preference"

Page 14, delete lines 56 to 58

Page 15, line 11, delete the comma and insert "and"

Page 15, line 13, delete everything after "office" and insert a period

Page 15, delete line 14

Page 24, line 4, delete "or"

Page 24, line 10, before the second period, insert "; or

(6) was a full-time homemaker for a substantial number of years and derived the substantial share of support from:

(i) a spouse and no longer receives such support due to the death of, divorce from, permanent disability of, or permanent separation from the spouse; or

(ii) public assistance on account of dependents in the home and no longer receives such support.

To be eligible under this clause, the support must have ceased while the worker resided in Minnesota"

Page 44, line 32, delete "2001" and insert "2002"

Page 47, line 4, after "account" insert "in the special revenue fund"

Page 63, line 8, delete "462.21 and insert "462A.21"

Amend the title accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2190

SECOND READING OF HOUSE BILLS

H. F. Nos. 2430 and 2486 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 333, 511, 1155, 1222, 1264, 1392, 1397, 1407, 1552, 1826, 1964 and 1965 were read for the second time.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 285, A bill for an act relating to liens; regulating agricultural liens; revising and consolidating crop liens and agricultural liens on livestock; amending Minnesota Statutes 2000, section 514.19; proposing coding for new law in Minnesota Statutes, chapter 514; repealing Minnesota Statutes 2000, sections 514.23; 514.24; 514.25; 514.26; 514.27; 514.28; 514.29; 514.30; 514.31; 514.32; 514.33; 514.34; 514.62; 514.63; 514.65; 514.66; 514.92; 514.950; 514.952; 514.954; 514.956; 514.958; 514.959; 514.960; 557.12; and 559.2091; Minnesota Rules, parts 8271.0010; 8271.0020; 8271.0030; 8271.0040; 8271.0050; 8271.0060; 8271.0070; 8271.0080; 8271.0090; 8271.0100; 8271.0200; 8271.0300; and 8271.0350.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Ness moved that the House concur in the Senate amendments to H. F. No. 285 and that the bill be repassed as amended by the Senate. The motion prevailed.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2191

The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Lieder Ozment Swapinski
Abrams Eastlund Howes Lindner Paulsen Swenson
Anderson, B. Entenza Huntley Lipman Pawlenty Sykora
Anderson, I. Erhardt Jacobson Luther Paymar Thompson
Bakk Erickson Jaros Mahoney Pelowski Tingelstad
Bernardy Evans Jennings Mares Penas Tuma
Biernat Finseth Johnson, J. Marko Peterson Vandeveer
Bishop Folliard Johnson, R. Marquart Pugh Wagenius
Boudreau Fuller Johnson, S. McElroy Rhodes Walker
Bradley Gerlach Juhnke McGuire Rifenberg Walz
Buesgens Gleason Kahn Milbert Rukavina Wasiluk
Carlson Goodno Kalis Molnau Ruth Wenzel
Cassell Goodwin Kelliher Mulder Schumacher Westerberg
Clark, J. Greiling Kielkucki Mullery Seagren Westrom
Clark, K. Gunther Knoblach Murphy Seifert Wilkin
Daggett Haas Koskinen Ness Sertich Winter
Davnie Hackbarth Krinkie Nornes Skoe Wolf
Dawkins Harder Kubly Olson Skoglund Workman
Dehler Hausman Kuisle Opatz Slawik Spk. Sviggum
Dempsey Hilstrom Larson Osskopp Smith
Dibble Hilty Leighton Osthoff Solberg
Dorman Holberg Leppik Otremba Stang

The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

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

H. F. No. 550, A bill for an act relating to higher education; extending authority to adopt rules for Edvest.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Eastlund moved that the House concur in the Senate amendments to H. F. No. 550 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 550, A bill for an act relating to higher education; creating a trust status for funds in the Edvest program; extending authority to adopt rules for Edvest; amending Minnesota Statutes 2000, section 136A.244, by adding a subdivision.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2192

The question was taken on the repassage of the bill and the roll was called. There were 130 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abeler Eastlund Holsten Lindner Ozment Stang
Abrams Entenza Howes Lipman Paulsen Swapinski
Anderson, B. Erhardt Huntley Luther Pawlenty Swenson
Anderson, I. Erickson Jacobson Mahoney Paymar Sykora
Bakk Evans Jaros Mares Pelowski Thompson
Bernardy Finseth Jennings Mariani Penas Tingelstad
Biernat Folliard Johnson, J. Marko Peterson Tuma
Bishop Fuller Johnson, R. Marquart Pugh Vandeveer
Boudreau Gerlach Johnson, S. McElroy Rhodes Wagenius
Bradley Gleason Juhnke McGuire Rifenberg Walker
Carlson Goodno Kahn Milbert Rukavina Walz
Cassell Goodwin Kalis Molnau Ruth Wasiluk
Clark, J. Gray Kelliher Mulder Schumacher Wenzel
Clark, K. Greiling Kielkucki Mullery Seagren Westerberg
Daggett Gunther Knoblach Murphy Seifert Westrom
Davnie Haas Koskinen Ness Sertich Wilkin
Dawkins Hackbarth Kubly Nornes Skoe Winter
Dehler Harder Kuisle Olson Skoglund Wolf
Dempsey Hausman Larson Opatz Slawik Workman
Dibble Hilstrom Leighton Osskopp Smith Spk. Sviggum
Dorman Hilty Leppik Osthoff Solberg
Dorn Holberg Lieder Otremba Stanek

Those who voted in the negative were:

BuesgensKrinkie

The bill was repassed, as amended by the Senate, and its title agreed to.

Mr. Speaker:

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

H. F. No. 486, A bill for an act relating to elections; requiring disclaimers in newspaper ads to be legible; amending Minnesota Statutes 2000, section 211B.05, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate

Seifert moved that the House refuse to concur in the Senate amendments to H. F. No. 486, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2193

Mr. Speaker:

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

H. F. No. 704, A bill for an act relating to health; creating exception from criminal rehabilitation provisions for emergency medical services personnel; amending Minnesota Statutes 2000, section 364.09.

Patrick E. Flahaven, Secretary of the Senate

Fuller moved that the House refuse to concur in the Senate amendments to H. F. No. 704, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 1441, 564, 103 and 1447.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 1441, A bill for an act relating to local government; providing a limited exemption for attendees at a conference or event; amending Minnesota Statutes 2000, section 471.895, subdivision 3.

The bill was read for the first time.

Howes moved that S. F. No. 1441 and H. F. No. 2110, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 564, A bill for an act relating to employment; providing for access to employee assistance records; requiring employee assistance records to be kept separate from personnel records; proposing coding for new law in Minnesota Statutes, chapter 181.

The bill was read for the first time.

Sertich moved that S. F. No. 564 and H. F. No. 604, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 103, A bill for an act relating to civil actions; providing civil remedies for receiving motor fuel from a motor fuel retail business without paying for it; proposing coding for new law in Minnesota Statutes, chapter 332.

The bill was read for the first time.

Nornes moved that S. F. No. 103 and H. F. No. 205, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2194

S. F. No. 1447, A bill for an act relating to children; requiring notice to parents and employees when a Head Start program or child care center plans to use certain pesticides; amending Minnesota Statutes 2000, section 121A.30.

The bill was read for the first time and referred to the Committee on Family and Early Childhood Education Finance.

CONSENT CALENDAR

Molnau moved that the Consent Calendar be continued. The motion prevailed.

Entenza was excused between the hours of 3:40 p.m. and 5:00 p.m.

CALENDAR FOR THE DAY

H. F. No. 901 was reported to the House.

Anderson, B., moved that H. F. No. 901 be temporarily laid over on the Calendar for the Day. The motion prevailed.

H. F. No. 1214 was reported to the House.

Lipman moved to amend H. F. No. 1214, the first engrossment, as follows:

Page 1, after line 19, insert:

"Section 1. Minnesota Statutes 2000, section 103C.311, subdivision 1, is amended to read:

Subdivision 1. [SUPERVISORS ELECTED AT LARGE.] (a) The district board, after the initial election has been held, shall, with the approval of the state board, divide a district into five supervisor districts for purposes of nomination for election. At each election after the division, one or more supervisors shall be nominated from each supervisor district. A supervisor must be a resident of the supervisor district to be elected.

(b) If the boundary of a soil and water conservation district has been substantially changed by a division of the district, the district shall be divided into five supervisor districts for nomination purposes.

(c) This subdivision does not disqualify a supervisor during the term for which the supervisor was elected or nominated for election. Supervisors nominated from the supervisor districts shall be included on the ballot for election from the entire area included in the soil and water conservation district.

(d) A certified copy of the minutes or the resolution of the supervisors establishing supervisor districts must be promptly filed by the chair of the district board with the county auditor of the counties where the district is located and with the state board."

Page 5, delete lines 26 to 28 and insert:

"Subd. 5. [STUDY REGARDING VOTER PRIVACY.] The secretary of state shall conduct a study regarding procedures to ensure the privacy of voters in health care facilities while voting. No later than December 31, 2002, the secretary of state shall file a report with the legislature setting forth the findings and recommendations of the secretary."

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2195

Page 9, line 1, after "15" insert "in a year in which there is an election for a partisan political office"

Page 9, line 5, after "party" insert ", and shall include a transmittal letter to the chair notifying the chair of the chair's duty under subdivision 1"

Page 12, after line 28, insert:

"Sec. 23. Minnesota Statutes 2000, section 204D.04, subdivision 2, is amended to read:

Subd. 2. [INSTRUCTIONS TO PRINTER; PRINTER'S BOND.] (a) The official charged with the preparation and distribution of the ballots shall prepare instructions to the printer for rotation of the names of candidates and for layout of the ballot.

(b) Except as provided in paragraph (c), the instructions shall be approved by the legal advisor of the official before delivery to the printer.

(c) The legal advisor of a town official is only required to approve instructions regarding the rotation of the names of candidates on the ballot.

(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer shall furnish a sufficient bond, letter of credit, or certified check, acceptable to the official responsible for printing the ballots, conditioned on printing the ballots in conformity with the Minnesota Election Law and the instructions delivered. The official responsible for printing the ballots shall set the amount of the bond, letter of credit, or certified check in an amount equal to the value of the purchase.

Sec. 24. Minnesota Statutes 2000, section 204D.09, is amended to read:

204D.09 [EXAMPLE BALLOTS; SAMPLE PRIMARY BALLOTS.]

Subdivision 1. (a) No later than June 1 of each year, the secretary of state shall supply each auditor with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year.

(b) The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year. The official ballot must conform in all respects to the example ballot.

Subd. 2. At least two weeks before the state primary the county auditor shall prepare a sample state partisan primary ballot and a sample state and county nonpartisan primary ballot for public inspection. The names of all of the candidates to be voted for in the county shall be placed on the sample ballots, with the names of the candidates for each office arranged alphabetically according to the surname. Only one sample state partisan primary ballot and one sample state and county nonpartisan ballot shall be prepared for any county. The county auditor shall post the sample ballots in a conspicuous place in the auditor's office and shall cause them to be published at least one week before the state primary in at least one newspaper of general circulation in the county."

Page 13, after line 11, insert:

"Sec. 27. Minnesota Statutes 2000, section 205.13, subdivision 1a, is amended to read:

Subd. 1a. [FILING PERIOD.] ~~An affidavit of candidacy for a town office to be elected in March must be filed not more than eight weeks nor less than six weeks before the town election.~~ In municipalities nominating candidates at a municipal primary, an affidavit of candidacy for a city office or town office voted on in November must be filed

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2196

not more than 70 days nor less than 56 days before the first Tuesday after the second Monday in September preceding the municipal general election. In all other municipalities, an affidavit of candidacy must be filed not more than 70 days and not less than 56 days before the municipal general election.

Sec. 28. Minnesota Statutes 2000, section 205.17, is amended by adding a subdivision to read:

Subd. 7. [EXAMPLE BALLOT.] No later than 30 days before absentee ballots must be prepared and delivered under section 204B.35 for use in a town general election conducted in March, the secretary of state shall supply each town clerk in a town conducting a March general election with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the general election that year."

Page 14, after line 18, insert:

"Sec. 33. Minnesota Statutes 2000, section 206.81, is amended to read:

206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.]

(a) The secretary of state may license an electronic voting system for experimental use at an election prior to its approval for general use.

(b) The secretary of state may license a touch-sensitive direct recording electronic voting system for experimental use at an election before its approval for general use, and may impose restrictions on its use. A voting system used under this paragraph must permit a blind or visually impaired voter to cast a ballot independently and privately.

(c) Experimental use must be observed by the secretary of state or the secretary's designee and the results observed must be considered at any subsequent proceedings for approval for general use.

(d) The secretary of state may adopt rules consistent with sections 206.55 to 206.90 relating to experimental use. The extent of experimental use must be determined by the secretary of state."

Pages 15 to 16, delete section 31 and insert:

"Sec. 37. Minnesota Statutes 2000, section 367.03, subdivision 6, is amended to read:

Subd. 6. [VACANCIES.] (a) When a vacancy occurs in a town office, the town board shall fill the vacancy by appointment. Except as provided in paragraph (b), the person appointed shall hold office until the next annual town election, when a successor shall be elected for the unexpired term.

(b) When a vacancy occurs in a town office:

(1) with more than one year remaining in the term; and

(2) on or after the 14th day before the first day to file an affidavit of candidacy for the town election;

the vacancy must be filled by appointment. The person appointed serves until the next annual town election following the election for which affidavits of candidacy are to be filed, when a successor shall be elected for the unexpired term.

(c) A vacancy in the office of supervisor ~~shall~~ must be filled by an appointment committee comprised of the remaining supervisors and the town clerk ~~until the next annual town election, when a successor shall be elected for the unexpired term~~.

(d) Any person appointed to fill the vacancy in the office of supervisor must, upon assuming the office, be an eligible voter, be 21 years of age, and have resided in the town for at least 30 days.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2197

(e) When, because of a vacancy, more than one supervisor is to be chosen at the same election, candidates for the offices of supervisor shall file for one of the specific terms being filled.

(f) Law enforcement vacancies ~~shall~~ must be filled by appointment by the town board."

Page 16, line 30, before "Minnesota" insert "(a)"

Page 16, after line 31, insert:

"(b) Minnesota Rules, part 8250.1400, is repealed."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Lipman moved to amend H. F. No. 1214, the first engrossment, as amended, as follows:

Page 4, line 16, before "If" insert "(a)"

Page 4, after line 18, insert "political subdivision shall file a written notice of the election with the county auditor of each county in which the election is to be conducted. The notice must be filed at least 49 days before the date of the election or in accordance with section 205.16 or 205A.07, if the political subdivision is a municipality or a school district.

(b) The"

The motion prevailed and the amendment was adopted.

The Speaker called Abrams to the Chair.

Ozment moved to amend H. F. No. 1214, the first engrossment, as amended, as follows:

Page 12, after line 28, insert:

"Sec. 22. Minnesota Statutes 2000, section 204C.04, subdivision 1, is amended to read:

Subdivision 1. [RIGHT TO BE ABSENT.] Every employee and student who is eligible to vote in an election has the right to be absent from work or school for the purpose of voting during the morning of the day of that election, without penalty or deduction from salary or wages because of the absence; or in the case of a student, without the absence being considered truancy. An employer or other person may not directly or indirectly refuse, abridge, or interfere with this right or any other election right of an employee or student."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2198

Speaker pro tempore Abrams called Paulsen to the Chair.

The question was taken on the Ozment amendment and the roll was called. There were 86 yeas and 45 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Huntley Mahoney Ozment Swenson
Anderson, B. Erhardt Jaros Mares Paymar Sykora
Anderson, I. Evans Jennings Mariani Pelowski Thompson
Bakk Folliard Johnson, R. Marko Peterson Tuma
Bernardy Fuller Johnson, S. Marquart Pugh Wagenius
Biernat Gleason Juhnke McGuire Rhodes Walker
Carlson Goodno Kahn Milbert Rukavina Walz
Cassell Goodwin Kalis Mullery Schumacher Wasiluk
Clark, J. Gray Kelliher Murphy Sertich Wenzel
Clark, K. Greiling Koskinen Nornes Skoe Westrom
Daggett Gunther Kubly Olson Skoglund Winter
Davnie Harder Larson Opatz Slawik
Dawkins Hausman Leighton Osskopp Solberg
Dehler Hilstrom Lieder Osthoff Stang
Dibble Hilty Luther Otremba Swapinski

Those who voted in the negative were:

Abrams Erickson Jacobson Lipman Rifenberg Westerberg
Bishop Finseth Johnson, J. McElroy Ruth Wilkin
Boudreau Gerlach Kielkucki Molnau Seagren Wolf
Bradley Haas Knoblach Mulder Seifert Workman
Buesgens Hackbarth Krinkie Ness Smith Spk. Sviggum
Dempsey Holberg Kuisle Paulsen Stanek
Dorman Holsten Leppik Pawlenty Tingelstad
Eastlund Howes Lindner Penas Vandeveer

The motion prevailed and the amendment was adopted.

Biernat offered an amendment to H. F. No. 1214, the first engrossment, as amended.

Seifert requested a division of the Biernat amendment to H. F. No. 1214, the first engrossment, as amended.

The first portion of the Biernat amendment to H. F. No. 1214, the first engrossment, as amended, reads as follows:

Page 1, after line 19, insert:

"Section 1. [5.31] [CONFLICTS OF INTEREST.]

Subdivision 1. [POLITICAL CAMPAIGNS.] The secretary of state shall not serve in any capacity on a principal campaign committee of another candidate or any other committee whose purpose is to influence the nomination or election of another candidate whose name will appear on the state primary or general election ballot for any federal, state, or local office."

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2199

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the first portion of the Biernat amendment and the roll was called. There were 62 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Folliard Johnson, R. Luther Otremba Solberg
Bakk Gleason Johnson, S. Mahoney Paymar Swapinski
Bernardy Goodwin Juhnke Mariani Pelowski Thompson
Biernat Gray Kahn Marko Peterson Wagenius
Carlson Greiling Kalis Marquart Pugh Walker
Clark, K. Hausman Kelliher McGuire Rukavina Wasiluk
Davnie Hilstrom Koskinen Milbert Schumacher Winter
Dawkins Hilty Kubly Mullery Sertich
Dibble Huntley Larson Murphy Skoe
Dorn Jaros Leighton Opatz Skoglund
Evans Jennings Lieder Osthoff Slawik

Those who voted in the negative were:

Abeler Dorman Holberg Mares Rifenberg Walz
Abrams Eastlund Holsten McElroy Ruth Wenzel
Anderson, B. Erhardt Howes Molnau Seagren Westerberg
Bishop Erickson Jacobson Mulder Seifert Westrom
Boudreau Finseth Johnson, J. Ness Smith Wilkin
Bradley Fuller Kielkucki Nornes Stanek Wolf
Buesgens Gerlach Knoblach Olson Stang Workman
Cassell Goodno Krinkie Osskopp Swenson Spk. Sviggum
Clark, J. Gunther Kuisle Paulsen Sykora
Daggett Haas Leppik Pawlenty Tingelstad
Dehler Hackbarth Lindner Penas Tuma
Dempsey Harder Lipman Rhodes Vandeveer

The motion did not prevail and the first portion of the Biernat amendment was not adopted.

The second portion of the Biernat amendment to H. F. No. 1214, the first engrossment, as amended, reads as follows:

Page 1, after line 19, insert:

"Section 1. [5.31] [RECOUNTS; ELECTION CONTESTS.]

The secretary of state shall not participate, other than as a party, in a recount or election contest for an office for which the secretary of state is a candidate. The governor shall appoint a person not interested in the outcome of the recount or election contest to perform the duties of the secretary of state in the recount or contest."

Renumber the sections in sequence and correct internal references

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2200

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the second portion of the Biernat amendment and the roll was called. There were 129 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abeler Dorn Holsten Lindner Paulsen Swapinski
Abrams Eastlund Howes Lipman Pawlenty Swenson
Anderson, B. Erhardt Huntley Luther Paymar Sykora
Anderson, I. Erickson Jacobson Mares Pelowski Thompson
Bakk Evans Jaros Mariani Penas Tingelstad
Bernardy Finseth Jennings Marko Peterson Tuma
Biernat Folliard Johnson, J. Marquart Pugh Vandeveer
Bishop Fuller Johnson, R. McElroy Rhodes Wagenius
Boudreau Gerlach Johnson, S. McGuire Rifenberg Walker
Bradley Gleason Juhnke Milbert Rukavina Walz
Buesgens Goodno Kahn Molnau Ruth Wasiluk
Carlson Goodwin Kelliher Mulder Schumacher Wenzel
Cassell Gray Kielkucki Mullery Seagren Westerberg
Clark, J. Greiling Knoblach Murphy Seifert Westrom
Clark, K. Gunther Koskinen Ness Sertich Wilkin
Daggett Haas Krinkie Nornes Skoe Winter
Davnie Hackbarth Kubly Olson Skoglund Wolf
Dawkins Harder Kuisle Opatz Slawik Workman
Dehler Hausman Larson Osskopp Smith Spk. Sviggum
Dempsey Hilstrom Leighton Osthoff Solberg
Dibble Hilty Leppik Otremba Stanek
Dorman Holberg Lieder Ozment Stang

Those who voted in the negative were:

Mahoney

The motion prevailed and the second portion of the Biernat amendment was adopted.

Kahn moved to amend H. F. No. 1214, the first engrossment, as amended, as follows:

Page 4, line 23, of the first Lipman amendment, delete "may" and insert "must"

The motion prevailed and the amendment was adopted.

Dibble offered an amendment to H. F. No. 1214, the first engrossment, as amended.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2201

POINT OF ORDER

Seifert raised a point of order pursuant to rule 3.21 that the Dibble amendment was not in order. Speaker pro tempore Paulsen ruled the point of order well taken and the Dibble amendment out of order.

H. F. No. 1214, as amended, was read for the third time.

MOTION FOR RECONSIDERATION

Seifert moved that the action whereby H. F. No. 1214, as amended, was given its third reading be now reconsidered. The motion prevailed.

Seifert moved to amend H. F. No. 1214, the first engrossment, as amended, as follows:

Pages 8 and 9, delete section 14

Renumber the sections in sequence

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 1214, A bill for an act relating to elections; clarifying certain language; changing certain requirements and procedures; amending Minnesota Statutes 2000, sections 103C.311, subdivision 1; 201.022; 201.091, subdivision 4; 202A.19, subdivision 1; 203B.04, subdivision 5; 203B.06, by adding a subdivision; 203B.11, by adding a subdivision; 204B.06, subdivision 1; 204B.07, subdivision 2; 204B.09, subdivisions 1 and 3; 204B.20; 204B.22, subdivision 1; 204B.23; 204B.28, subdivision 1; 204B.29, subdivision 1; 204B.45, subdivision 2; 204B.46; 204C.03, subdivision 1; 204C.04, subdivision 1; 204D.04, subdivision 2; 204D.09; 204D.24, subdivision 2; 205.02, subdivision 1; 205.13, subdivision 1a; 205.17, by adding a subdivision; 205.185, subdivisions 2 and 3; 205A.02; 205A.11, subdivision 2; 206.81; 211A.02, subdivisions 1 and 4; 358.10; and 367.03, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 5; 200; and 201; repealing Minnesota Statutes 2000, section 204B.06, subdivision 1a; Minnesota Rules, part 8250.1400.

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

The question was taken on the passage of the bill and the roll was called. There were 70 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2202
Abeler Dorman Holberg Mares Penas Tingelstad
Abrams Eastlund Holsten McElroy Tuma
Anderson, B. Erhardt Howes Molnau Vandeveer
Bishop Erickson Jacobson Mulder Walz
Boudreau Finseth Johnson, J. Ness Westerberg
Bradley Fuller Kielkucki Nornes Westrom
Buesgens Gerlach Knoblach Olson Wilkin
Cassell Goodno Krinkie Opatz Wolf
Clark, J. Gunther Kuisle Osskopp Workman
Daggett Haas Leppik Ozment Spk. Sviggum
Dehler Hackbarth Lindner Paulsen
Dempsey Harder Lipman Pawlenty

Rhodes
Rifenberg
Ruth
Seagren
Seifert
Smith
Stanek
Stang
Swenson
Sykora
Thompson

Those who voted in the negative were:

Anderson, I. Folliard Johnson, R. Luther Paymar Swapinski
Bakk Gleason Johnson, S. Mahoney Pelowski Wagenius
Bernardy Goodwin Juhnke Mariani Peterson Walker
Biernat Gray Kahn Marko Pugh Wasiluk
Carlson Greiling Kalis Marquart Rukavina Wenzel
Clark, K. Hausman Kelliher McGuire Schumacher Winter
Davnie Hilstrom Koskinen Milbert Sertich
Dawkins Hilty Kubly Mullery Skoe
Dibble Huntley Larson Murphy Skoglund
Dorn Jaros Leighton Osthoff Slawik
Evans Jennings Lieder Otremba Solberg

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

H. F. No. 2263 was reported to the House.

Erickson and Kielkucki moved to amend H. F. No. 2263, the first engrossment, as follows:

Pages 1 and 2, delete section 1 and insert:

"Section 1. Minnesota Statutes 2000, section 201.061, subdivision 3, is amended to read:

Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration card, making an oath in the form prescribed by the secretary of state and providing proof of residence. An individual may prove identity and residence for purposes of registering by:

(1) showing a driver's license or Minnesota identification card issued pursuant to section 171.07;

(2) showing any picture identification document approved by the secretary of state as proper identification;

(3) showing an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, that contains the name, residence address, signature, date of birth, and picture of the individual;

(4) showing one of the following:

(i) a current valid student picture identification card from a post-secondary educational institution in Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2203

~~(4)~~ (5) showing a picture identification card or document listed in clause (1), (2), (3), or (4), and proving current residence in the precinct by having a voter who is registered to vote in the precinct sign an oath in the presence of the election judge vouching that the voter personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day.

A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration card.

[EFFECTIVE DATE.] This section is effective April 1, 2002.

Sec. 2. Minnesota Statutes 2000, section 204C.10, is amended to read:

204C.10 [PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.]

(a) An individual seeking to vote shall sign a polling place roster which states that the individual is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 days immediately preceding the election, certifies residence at the address shown, is not under guardianship of the person, has not been found by a court of law to be legally incompetent to vote or convicted of a felony without having civil rights restored, is registered and has not already voted in the election.

(b) A judge ~~may~~ shall, before the applicant signs the roster, confirm the applicant's identity by requiring a picture identification card or document issued by the United States or Minnesota or an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, and may confirm the applicant's name, address, and date of birth. If an applicant does not have a card or document described by this section, the applicant may sign the roster after executing an affidavit before the judge. The affidavit must state:

(1) the name of the applicant;

(2) that the applicant does not have a picture identification card or document issued by the United States or Minnesota or an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, that contains the name, residence address, signature, date of birth, and picture of the applicant; and

(3) that the applicant swears or affirms that the applicant is the same individual whose name is listed on the roster for this precinct.

(c) After the applicant signs the roster, the judge shall give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' receipts must be maintained during the time for notice of filing an election contest.

[EFFECTIVE DATE.] This section is effective April 1, 2002."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

POINT OF ORDER

Pugh raised a point of order pursuant to rule 3.21 that the Erickson and Kielkucki amendment was not in order. Speaker pro tempore Paulsen ruled the point of order not well taken and the Erickson and Kielkucki amendment in order.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2204

Skoglund requested a division of the Erickson and Kielkucki amendment to H. F. No. 2263, the first engrossment.

The first portion of the Erickson and Kielkucki amendment to H. F. No. 2263, the first engrossment, reads as follows:

Pages 1 and 2, delete section 1 and insert:

"Section 1. Minnesota Statutes 2000, section 201.061, subdivision 3, is amended to read:

(1) showing a driver's license or Minnesota identification card issued pursuant to section 171.07;

(2) showing any picture identification document approved by the secretary of state as proper identification;

(4) showing one of the following:

(ii) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration card.

[EFFECTIVE DATE.] This section is effective April 1, 2002."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Solberg moved to amend the first portion of the Erickson and Kielkucki amendment to H. F. No. 2263, the first engrossment, as follows:

Page 1, line 15, delete the new language

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2205

Page 1, line 23, delete the new language

A roll call was requested and properly seconded.

The question was taken on the Solberg amendment to the first portion of the Erickson and Kielkucki amendment and the roll was called. There were 64 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Evans Jennings Lenczewski Opatz Skoglund
Bakk Folliard Johnson, R. Lieder Osthoff Solberg
Bernardy Gleason Johnson, S. Luther Otremba Swapinski
Biernat Goodwin Juhnke Mahoney Paymar Thompson
Carlson Gray Kahn Mariani Pelowski Wagenius
Clark, K. Greiling Kalis Marko Peterson Walker
Davnie Hausman Kelliher Marquart Pugh Wasiluk
Dawkins Hilstrom Koskinen McGuire Rukavina Wenzel
Dibble Hilty Kubly Milbert Schumacher Winter
Dorn Huntley Larson Mullery Sertich
Entenza Jaros Leighton Murphy Skoe

Those who voted in the negative were:

Abeler Dempsey Harder Lipman Penas Tingelstad
Abrams Dorman Holberg Mares Rhodes Tuma
Anderson, B. Eastlund Holsten McElroy Rifenberg Vandeveer
Bishop Erhardt Howes Molnau Ruth Walz
Boudreau Erickson Jacobson Mulder Seagren Westerberg
Bradley Finseth Johnson, J. Ness Seifert Westrom
Buesgens Fuller Kielkucki Nornes Slawik Wilkin
Cassell Gerlach Knoblach Olson Smith Wolf
Clark, J. Goodno Krinkie Osskopp Stanek Workman
Daggett Gunther Kuisle Ozment Stang Spk. Sviggum
Davids Haas Leppik Paulsen Swenson
Dehler Hackbarth Lindner Pawlenty Sykora

The motion did not prevail and the Solberg amendment to the first portion of the Erickson and Kielkucki amendment was not adopted.

Gleason offered an amendment to the first portion of the Erickson and Kielkucki amendment to H. F. No. 2263, the first engrossment.

POINT OF ORDER

Seifert raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Gleason amendment to the first portion of the Erickson and Kielkucki amendment was not in order. Speaker pro tempore Paulsen ruled the point of order well taken and the Gleason amendment to the first portion of the Erickson and Kielkucki amendment out of order.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2206

The question recurred on the first portion of the Erickson and Kielkucki amendment and the roll was called. There were 69 yeas and 65 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Harder Lipman Penas Tuma
Abrams Dorman Holberg Mares Rhodes Vandeveer
Anderson, B. Eastlund Holsten McElroy Rifenberg Walz
Bishop Erhardt Howes Molnau Ruth Westerberg
Boudreau Erickson Jacobson Mulder Seagren Westrom
Bradley Finseth Johnson, J. Ness Seifert Wilkin
Buesgens Fuller Kielkucki Nornes Smith Wolf
Cassell Gerlach Knoblach Olson Stanek Workman
Clark, J. Goodno Krinkie Osskopp Stang Spk. Sviggum
Daggett Gunther Kuisle Ozment Swenson
Davids Haas Leppik Paulsen Sykora
Dehler Hackbarth Lindner Pawlenty Tingelstad

Those who voted in the negative were:

Anderson, I. Evans Jennings Lenczewski Opatz Skoglund
Bakk Folliard Johnson, R. Lieder Osthoff Slawik
Bernardy Gleason Johnson, S. Luther Otremba Solberg
Biernat Goodwin Juhnke Mahoney Paymar Swapinski
Carlson Gray Kahn Mariani Pelowski Thompson
Clark, K. Greiling Kalis Marko Peterson Wagenius
Davnie Hausman Kelliher Marquart Pugh Walker
Dawkins Hilstrom Koskinen McGuire Rukavina Wasiluk
Dibble Hilty Kubly Milbert Schumacher Wenzel
Dorn Huntley Larson Mullery Sertich Winter
Entenza Jaros Leighton Murphy Skoe

The motion prevailed and the first portion of the Erickson and Kielkucki amendment was adopted.

The second portion of the Erickson and Kielkucki amendment to H. F. No. 2263, the first engrossment, as amended, reads as follows:

Page 2, after line 18, insert:

"Sec. 2. Minnesota Statutes 2000, section 204C.10, is amended to read:

204C.10 [PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.]

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2207

(1) the name of the applicant;

(3) that the applicant swears or affirms that the applicant is the same individual whose name is listed on the roster for this precinct.

[EFFECTIVE DATE.] This section is effective April 1, 2002."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

POINT OF ORDER

Skoglund raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the second portion of the Erickson and Kielkucki amendment was not in order. Speaker pro tempore Paulsen ruled the point of order not well taken and the second portion of the Erickson and Kielkucki amendment in order.

Folliard was excused for the remainder of today's session.

The question recurred on the second portion of the Erickson and Kielkucki amendment and the roll was called. There were 70 yeas and 63 nays as follows:

Those who voted in the affirmative were:

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2208
Abeler Dempsey Harder Lipman Penas Tingelstad
Abrams Dorman Holberg Mares Tuma
Anderson, B. Eastlund Holsten McElroy Vandeveer
Bishop Erhardt Howes Molnau Walz
Boudreau Erickson Jacobson Mulder Westerberg
Bradley Finseth Johnson, J. Ness Westrom
Buesgens Fuller Kielkucki Nornes Wilkin
Cassell Gerlach Knoblach Olson Wolf
Clark, J. Goodno Krinkie Osskopp Workman
Daggett Gunther Kuisle Ozment Spk. Sviggum
Davids Haas Leppik Paulsen
Dehler Hackbarth Lindner Pawlenty

Rhodes
Rifenberg
Ruth
Seagren
Seifert
Slawik
Smith
Stanek
Stang
Swenson
Sykora

Those who voted in the negative were:

Anderson, I. Evans Johnson, R. Lieder Osthoff Solberg
Bakk Gleason Johnson, S. Luther Otremba Swapinski
Bernardy Goodwin Juhnke Mahoney Paymar Thompson
Biernat Gray Kahn Mariani Pelowski Wagenius
Carlson Greiling Kalis Marko Peterson Walker
Clark, K. Hausman Kelliher Marquart Pugh Wasiluk
Davnie Hilstrom Koskinen McGuire Rukavina Wenzel
Dawkins Hilty Kubly Milbert Schumacher Winter
Dibble Huntley Larson Mullery Sertich
Dorn Jaros Leighton Murphy Skoe
Entenza Jennings Lenczewski Opatz Skoglund

The motion prevailed and the second portion of the Erickson and Kielkucki amendment was adopted.

Pugh moved to amend H. F. No. 2263, the first engrossment, as amended, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2000, section 201.061, subdivision 3, is amended to read:

(1) showing a driver's license or Minnesota identification card issued pursuant to section 171.07;

(2) showing any document approved by the secretary of state as proper identification;

(3) showing an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, that contains the name, resident address, signature, date of birth, and picture of the individual;

(4) showing one of the following:

(i) a current valid student identification card from a post-secondary educational institution in Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

~~(4)~~ (5) having a voter who is registered to vote in the precinct sign an oath in the presence of the election judge vouching that the voter personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2209

A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration card.

[EFFECTIVE DATE.] This section is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to elections; authorizing use of certain tribal identification cards for election day registration purposes; amending Minnesota Statutes 2000, section 201.061, subdivision 3."

A roll call was requested and properly seconded.

The Speaker resumed the Chair.

POINT OF ORDER

Seifert raised a point of order pursuant to section 420 of "Mason's Manual of Legislative Procedure," relating to Equivalent Amendments. The Speaker ruled the point of order not well taken and the Pugh amendment in order.

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

Those who voted in the affirmative were:

Anderson, I. Evans Jennings Lenczewski Opatz Skoglund
Bakk Gleason Johnson, R. Lieder Osthoff Solberg
Bernardy Goodwin Johnson, S. Luther Otremba Swapinski
Biernat Gray Juhnke Mahoney Paymar Thompson
Carlson Greiling Kahn Mariani Pelowski Wagenius
Clark, K. Hausman Kalis Marko Peterson Walker
Davnie Hilstrom Kelliher Marquart Pugh Wasiluk
Dawkins Hilty Koskinen McGuire Rukavina Wenzel
Dibble Howes Kubly Milbert Schumacher Winter
Dorn Huntley Larson Mullery Sertich
Entenza Jaros Leighton Murphy Skoe

Those who voted in the negative were:

Abeler Dempsey Harder Mares Rhodes Tuma
Abrams Dorman Holberg McElroy Rifenberg Vandeveer
Anderson, B. Eastlund Holsten Molnau Ruth Walz
Bishop Erhardt Jacobson Mulder Seagren Westerberg
Boudreau Erickson Johnson, J. Ness Seifert Westrom
Bradley Finseth Kielkucki Nornes Slawik Wilkin
Buesgens Fuller Knoblach Olson Smith Wolf
Cassell Gerlach Krinkie Osskopp Stanek Workman
Clark, J. Goodno Kuisle Ozment Stang Spk. Sviggum
Daggett Gunther Leppik Paulsen Swenson
Davids Haas Lindner Pawlenty Sykora
Dehler Hackbarth Lipman Penas Tingelstad

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

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2210

H. F. No. 2263, A bill for an act relating to elections; regulating election day registrations; requiring verification of an applicant's identity for purposes of permanent registration; amending Minnesota Statutes 2000, sections 201.061, subdivision 3; 204C.10.

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

The question was taken on the passage of the bill and the roll was called. There were 70 yeas and 63 nays as follows:

Those who voted in the affirmative were:

Those who voted in the negative were:

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

H. F. No. 901 which was temporarily laid over earlier today on the Calendar for the Day was again reported to the House.

Lipman; Krinkie; Kielkucki; Anderson, B., and Rhodes offered an amendment to H. F. No. 901, the first engrossment.

Pugh requested a division of the Lipman et al amendment to H. F. No. 901, the first engrossment.

The first portion of the Lipman et al amendment to H. F. No. 901, the first engrossment, reads as follows:

Page 1, after line 8, insert:

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2211

"Sec. 6. Minnesota Statutes 2000, section 204B.27, is amended by adding a subdivision to read:

Subd. 11. [TRANSLATION OF VOTING INSTRUCTIONS.] The secretary of state may develop voting instructions in languages other than English, to be posted and made available in polling places during elections. The secretary of state shall determine which languages are so common in Minnesota that there is a need for translated voting instructions."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Kahn moved to amend the first portion of the Lipman et al amendment to H. F. No. 901, the first engrossment, as follows:

Page 3, line 16, delete "may" and insert "must"

The motion did not prevail and the Kahn amendment to the first portion of the Lipman et al amendment was not adopted.

The question recurred on the first portion of the Lipman et al amendment and the roll was called. There were 127 yeas and 4 nays as follows:

Those who voted in the affirmative were:

Abeler Dorn Howes Luther Pawlenty Sykora
Abrams Eastlund Huntley Mahoney Paymar Thompson
Anderson, B. Entenza Jacobson Mares Pelowski Tingelstad
Anderson, I. Erhardt Jaros Mariani Penas Tuma
Bakk Erickson Jennings Marko Peterson Vandeveer
Bernardy Evans Johnson, J. Marquart Pugh Wagenius
Biernat Finseth Johnson, R. McElroy Rhodes Walker
Bishop Fuller Johnson, S. McGuire Rifenberg Walz
Boudreau Gerlach Juhnke Milbert Rukavina Wasiluk
Bradley Gleason Kahn Molnau Ruth Wenzel
Carlson Goodno Kelliher Mulder Schumacher Westerberg
Cassell Goodwin Kielkucki Mullery Seagren Westrom
Clark, J. Gray Koskinen Murphy Sertich Wilkin
Clark, K. Greiling Krinkie Ness Skoe Winter
Daggett Gunther Kubly Nornes Skoglund Wolf
Davids Haas Larson Olson Slawik Workman
Davnie Hackbarth Leighton Opatz Smith Spk. Sviggum
Dawkins Harder Lenczewski Osskopp Solberg
Dehler Hausman Leppik Osthoff Stanek
Dempsey Hilstrom Lieder Otremba Stang
Dibble Hilty Lindner Ozment Swapinski
Dorman Holsten Lipman Paulsen Swenson

Those who voted in the negative were:

Buesgens Holberg Kuisle Seifert

The motion prevailed and the first portion of the Lipman et al amendment was adopted.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2212

Dawkins requested a division of the second portion of the Lipman et al amendment to H. F. No. 901, the first engrossment, as amended.

The first part of the Dawkins division of the second portion of the Lipman et al amendment to H. F. No. 901, the first engrossment, as amended, reads as follows:

Page 3, after line 34, insert:

"Sec. 9. Minnesota Statutes 2000, section 206.81, is amended to read:

206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.]

(a) The secretary of state may license an electronic voting system for experimental use at an election prior to its approval for general use.

(b) The secretary of state must license a touch-sensitive direct recording electronic voting system for experimental use at an election before its approval for general use, and may impose restrictions on its use. A voting system used under this paragraph must permit a blind or visually impaired voter to cast a ballot independently and privately.

(c) Experimental use must be observed by the secretary of state or the secretary's designee and the results observed must be considered at any subsequent proceedings for approval for general use.

(d) The secretary of state may adopt rules consistent with sections 206.55 to 206.90 relating to experimental use. The extent of experimental use must be determined by the secretary of state."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the first part of the Dawkins division of the second portion of the Lipman et al amendment was adopted.

The second part of the Dawkins division of the second portion of the Lipman et al amendment to H. F. No. 901, the first engrossment, as amended, reads as follows:

Page 1, after line 8, insert:

"Section 1. Minnesota Statutes 2000, section 201.061, subdivision 3, is amended to read:

Subd. 3. [ELECTION DAY REGISTRATION.] (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration card, making an oath in the form prescribed by the secretary of state and providing proof of identification and residence.

(b) An individual may prove ~~residence~~ identity for purposes of registering by showing one of the following:

(1) ~~showing~~ a driver's license or Minnesota identification card issued pursuant to section 171.07;

(2) ~~showing any document approved by the secretary of state as proper~~ a United States passport or military identification;

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2213

(3) ~~showing one of the following:~~

~~(i)~~ a current valid student identification card from a post-secondary educational institution in Minnesota~~, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state~~;

(4) a current valid employee photo identification card issued by the state or by a political subdivision; or

~~(ii)~~ (5) a current valid photo identification card issued by the health department to recipients of medical assistance; or

(6) an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, that contains the name, residence address, signature, date of birth, and picture of the individual.

(c) In addition, an individual may prove residence for purposes of registration if the document shown in compliance with paragraph (b) does not contain the individual's current residence address by providing one of the following:

(1) an electric, water, natural gas, garbage, sewer, telephone, or cable television bill that is due within 30 days after election day;

(2) a Minnesota driver's license, learner's permit, or identification card, or a receipt for one of these;

(3) notice of late voter registration;

(4) a student dormitory list prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state;

(5) an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, Department of the Interior, that contains the name, residence address, signature, date of birth, and picture of the individual;

(6) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

~~(4)~~ (7) having a voter who is registered to vote in the precinct sign an oath in the presence of the election judge vouching that the voter personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day.

(d) A county, school district, or municipality ~~may~~ must require that an election judge responsible for election day registration initial each completed registration card."

Page 3, after line 18, insert:

"Sec. 5. Minnesota Statutes 2000, section 204B.22, subdivision 3, is amended to read:

Subd. 3. [MINIMUM NUMBER REQUIRED IN CERTAIN PRECINCTS.] At each state primary or state general election in precincts using ~~lever voting machines or~~ an electronic voting system with marking devices and in which more than 400 votes were cast at the last similar election, the minimum number of election judges is three plus one judge to demonstrate the use of the voting machine or device.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2214

Sec. 7. Minnesota Statutes 2000, section 204C.10, is amended to read:

204C.10 [PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.]

(1) the name of the applicant;

(3) that the applicant swears or affirms that the applicant is the same individual whose name is listed on the roster for this precinct.

[EFFECTIVE DATE.] This section is effective April 1, 2002.

Sec. 10. [206.91] [VOTING EQUIPMENT DECENNIAL REPORT.]

By December 31 in each year ending in one, the secretary of state shall file a report with the legislature regarding the voting equipment used in Minnesota. This report must:

(1) identify the voting equipment used in each precinct, as reported to the secretary of state by each county auditor; and

(2) include any recommendations from the secretary regarding improvements in voting system technology that may require the modification or replacement of voting systems currently used in Minnesota.

[EFFECTIVE DATE.] This section is effective January 1, 2002.

Sec. 11. [REPEALER.]

Minnesota Statutes 2000, section 204C.15, subdivision 2a, is repealed."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2215

Opatz moved to amend the second part of the Dawkins division of the second portion of the Lipman et al amendment to H. F. No. 901, the first engrossment, as amended, as follows:

Page 2, line 19, delete "dormitory"

The motion prevailed and the Opatz amendment to the second part of the Dawkins division of the second portion of the Lipman et al amendment was adopted.

The question recurred on the second part of the Dawkins division of the second portion of the Lipman et al amendment, as amended, to H. F. No. 901, the first engrossment, as amended. The motion prevailed and the second part of the Dawkins division of the second portion of the Lipman et al amendment, as amended, was adopted.

Pugh moved to amend H. F. No. 901, the first engrossment, as amended, as follows:

Page 3, line 21, after "BALLOT" insert "; STATE PRIMARY DATE"

Page 3, after line 34, insert:

"(d) The state primary shall be held on the last Tuesday in June in each even-numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors.

Sec. 5. [REPEALER.]

Minnesota Statutes 2000, section 204D.03, subdivision 1, is repealed."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

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

Those who voted in the affirmative were:

Abrams Evans Johnson, R. Larson Opatz Solberg
Bernardy Gleason Johnson, S. Leighton Paulsen Swapinski
Biernat Goodwin Juhnke Lenczewski Paymar Thompson
Carlson Gray Kahn Luther Peterson Wagenius
Clark, K. Greiling Kalis Mahoney Pugh Walker
Davnie Hausman Kelliher Mariani Schumacher Wasiluk
Dawkins Hilstrom Koskinen Marko Skoe Winter
Dibble Hilty Krinkie Marquart Skoglund
Entenza Johnson, J. Kubly McGuire Slawik

Those who voted in the negative were:

Abeler Dorman Holsten McElroy Penas Tuma
Anderson, B. Dorn Howes Milbert Rhodes Vandeveer
Anderson, I. Eastlund Huntley Molnau Rifenberg Walz
Bakk Erhardt Jacobson Mulder Rukavina Wenzel
Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2216
Bishop Erickson Jaros Mullery Ruth Westerberg
Boudreau Finseth Jennings Murphy Seagren Westrom
Bradley Fuller Kielkucki Ness Seifert Wilkin
Buesgens Gerlach Knoblach Nornes Sertich Wolf
Cassell Goodno Kuisle Olson Smith Workman
Clark, J. Gunther Leppik Osskopp Stanek Spk. Sviggum
Daggett Haas Lieder Otremba Stang
Davids Hackbarth Lindner Ozment Swenson
Dehler Harder Lipman Pawlenty Sykora
Dempsey Holberg Mares Pelowski Tingelstad

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

H. F. No. 901, as amended, was read for the third time.

MOTION FOR RECONSIDERATION

Abrams moved that the action whereby H. F. No. 901, as amended, was given its third reading be now reconsidered. The motion prevailed.

Kahn moved to amend H. F. No. 901, the first engrossment, as amended, as follows:

Page 2, line 33, after "writing" insert ", by electronic mail,"

A roll call was requested and properly seconded.

The question was taken on the Kahn amendment and the roll was called. There were 66 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Entenza Jennings Lenczewski Opatz Skoe
Bakk Evans Johnson, R. Lieder Osthoff Skoglund
Bernardy Gleason Johnson, S. Luther Otremba Slawik
Biernat Goodwin Juhnke Mahoney Paymar Solberg
Carlson Gray Kahn Mariani Pelowski Swapinski
Clark, K. Greiling Kalis Marko Peterson Thompson
Davnie Hausman Kelliher Marquart Pugh Wagenius
Dawkins Hilstrom Koskinen McGuire Rhodes Walker
Dehler Hilty Kubly Milbert Rukavina Wasiluk
Dibble Huntley Larson Mullery Schumacher Wenzel
Dorn Jaros Leighton Murphy Sertich Winter

Those who voted in the negative were:

Abeler Dorman Holberg Mares Rifenberg Walz
Abrams Eastlund Holsten McElroy Ruth Westerberg
Anderson, B. Erhardt Howes Molnau Seagren Westrom
Bishop Erickson Jacobson Mulder Seifert Wilkin
Boudreau Finseth Johnson, J. Ness Smith Wolf
Bradley Fuller Kielkucki Nornes Stanek Workman
Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2217
Buesgens Gerlach Knoblach Olson Stang Spk. Sviggum
Cassell Goodno Krinkie Osskopp Swenson
Clark, J. Gunther Kuisle Ozment Sykora
Daggett Haas Leppik Paulsen Tingelstad
Davids Hackbarth Lindner Pawlenty Tuma
Dempsey Harder Lipman Penas Vandeveer

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

H. F. No. 901, A bill for an act relating to elections; regulating election day registrations; clarifying voting provisions for overseas voters; expanding the use of facsimile applications for absentee ballots; providing for the translation of voting instructions; requiring verification of an applicant's identity for purposes of permanent registration; requiring the licensing of a touch-sensitive direct recording voting system; providing for a decennial voting equipment report; amending Minnesota Statutes 2000, sections 201.061, subdivision 3; 203B.04, subdivision 1; 203B.16, subdivision 1; 203B.17, subdivision 1; 204B.22, subdivision 3; 204B.27, by adding a subdivision; 204C.10; 204D.11, subdivision 4; 206.81; proposing coding for new law in Minnesota Statutes, chapter 206; repealing Minnesota Statutes 2000, section 204C.15, subdivision 2a.

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

The question was taken on the passage of the bill and the roll was called. There were 72 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Abeler Dempsey Harder Lindner Pawlenty Swenson
Abrams Dorman Holberg Lipman Penas Sykora
Anderson, B. Eastlund Holsten Mares Peterson Tingelstad
Bishop Erhardt Howes McElroy Rhodes Tuma
Boudreau Erickson Jacobson Molnau Rifenberg Vandeveer
Bradley Finseth Johnson, J. Mulder Ruth Walz
Buesgens Fuller Kielkucki Ness Seagren Westerberg
Cassell Gerlach Knoblach Nornes Seifert Westrom
Clark, J. Goodno Krinkie Olson Slawik Wilkin
Daggett Gunther Kubly Osskopp Smith Wolf
Davids Haas Kuisle Ozment Stanek Workman
Dehler Hackbarth Leppik Paulsen Stang Spk. Sviggum

Those who voted in the negative were:

Anderson, I. Evans Johnson, R. Luther Otremba Thompson
Bakk Gleason Johnson, S. Mahoney Paymar Wagenius
Bernardy Goodwin Juhnke Mariani Pelowski Walker
Biernat Gray Kahn Marko Pugh Wasiluk
Carlson Greiling Kalis Marquart Rukavina Wenzel
Clark, K. Hausman Kelliher McGuire Schumacher Winter
Davnie Hilstrom Koskinen Milbert Sertich
Dawkins Hilty Larson Mullery Skoe
Dibble Huntley Leighton Murphy Skoglund
Dorn Jaros Lenczewski Opatz Solberg
Entenza Jennings Lieder Osthoff Swapinski

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

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2218

Pawlenty moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.

There being no objection, the order of business reverted to Reports of Standing Committees.

REPORTS OF STANDING COMMITTEES

Molnau from the Committee on Transportation Finance to which was referred:

H. F. No. 2189, A bill for an act relating to transportation; creating local road improvement program; proposing an amendment to the Minnesota Constitution by adding a section to article XIV to dedicate all proceeds from the sales tax on motor vehicles to the highway user tax distribution fund; appropriating money for greater Minnesota transit; proposing coding for new law in Minnesota Statutes, chapter 174.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"ARTICLE 1

TRANSPORTATION APPROPRIATIONS

Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.]

The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in this article, to be available for the fiscal years indicated for each purpose. The figures "2001," "2002," and "2003," where used in this article, mean that the appropriations listed under them are available for the year ending June 30, 2001, June 30, 2002, or June 30, 2003, respectively. The term "first year" means the year ending June 30, 2002, and the term "second year" means the year ending June 30, 2003. Appropriations for the year ending June 30, 2001, are in addition to appropriations made in previous years.

SUMMARY BY FUND

2001 2002 2003 TOTAL

General $ 96,042,000 $ 85,158,000$181,200,000

Airports 20,807,000 20,548,00041,355,000

C.S.A.H. 405,330,000 418,113,000823,443,000

Highway User 875,000 17,644,000 17,402,00035,921,000

M.S.A.S. 106,469,000 109,827,000216,296,000

Special Revenue 12,704,000 994,00013,698,000

Trunk Highway 445,000 1,133,040,000 1,139,209,0002,272,694,000

TOTAL $1,320,000 $1,792,036,000 $1,791,251,000$3,584,607,000

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2219

Sec. 2. TRANSPORTATION

Subdivision 1. Total Appropriation $1,600,025,000 $1,614,622,000

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

Summary by Fund

2002 2003

General 24,057,000 18,083,000

Airports 20,757,000 20,498,000

C.S.A.H. 405,330,000418,113,000

M.S.A.S. 106,469,000109,827,000

Trunk Highway 1,043,412,000 1,048,101,000

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

Subd. 2. Aeronautics 20,748,000 20,489,000

Summary by Fund

Airports 20,687,000 20,428,000

General 50,000 50,000

Trunk Highway 11,000 11,000

Except as otherwise provided, the appropriations in this subdivision are from the state airports fund. The amounts that may be spent from this appropriation for each activity are as follows:

(a) Airport Development and Assistance

2002 2003

14,298,000 14,298,000

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

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2220

(b) Aviation Support

6,315,000 6,053,000

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

$400,000 the first year and $50,000 the second year are to facilitate on-line registration of aircraft.

$600,000 the first year and $600,000 the second year are for GPS navigational systems. Of these amounts, $350,000 the first year and $350,000 the second year are onetime appropriations that may not be added to the agency's budget base.

135,000 138,000

Summary by Fund

Airports 74,000 77,000

General 50,000 50,000

Trunk Highway 11,000 11,000

The commissioner shall take all feasible actions to seek a waiver from the appropriate federal authorities that would allow the commissioner to sell the airplane described in Laws 1997, chapter 159, article 1, section 2, subdivision 2, clause (c).

Subd. 3. Transit 17,889,000 17,910,000

Summary by Fund

General 17,549,000 17,562,000

Trunk Highway 340,000 348,000

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

(a) Greater Minnesota Transit Assistance

17,051,000 17,051,000

This appropriation is from the general fund. Any unencumbered balance the first year does not cancel but is available for the second year.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2221

(b) Transit Administration

838,000 859,000

Summary by Fund

General 498,000 511,000

Trunk Highway 340,000 348,000

Subd. 4. Railroads and Waterways 3,758,000 1,804,000

Summary by Fund

General 2,273,000 280,000

Trunk Highway 1,485,000 1,524,000

$1,000,000 the first year is from the general fund for port development assistance for expenditure in accordance with Minnesota Statutes, chapter 457A. This appropriation is available until June 30, 2003.

$1,000,000 the first year is from the general fund for deposit in the Minnesota rail service improvement account.

Subd. 5. Motor Carrier Regulation 4,024,000 4,123,000

Summary by Fund

General 122,000 126,000

Trunk Highway 3,902,000 3,997,000

$500,000 the first year and $500,000 the second year are for commercial vehicle information systems. Of this appropriation $175,000 the first year and $175,000 the second year are onetime appropriations that may not be added to the agency's budget base.

Subd. 6. Local Roads 515,799,000 527,940,000

Summary by Fund

C.S.A.H. 405,330,000418,113,000

M.S.A.S. 106,469,000109,827,000

General 4,000,000 -0-

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

(a) County State Aids

405,330,000 418,113,000

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2222

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

(b) Municipal State Aids

106,469,000 109,827,000

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

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

This appropriation is from the general fund and is to match federal money and to replace or rehabilitate local deficient bridges. Political subdivisions may use grants made from this appropriation to construct or reconstruct bridges, including:

(1) matching federal aid grants to construct or reconstruct key bridges;

(2) paying the costs of preliminary engineering and environmental studies authorized under Minnesota Statutes, section 174.50, subdivision 6a;

(3) paying the costs to abandon an existing bridge that is deficient and in need of replacement, but where no replacement will be made; and

(4) paying the costs to construct a road or street to facilitate the abandonment of an existing bridge determined by the commissioner to be deficient, if the commissioner determines that construction of the road or street is more economical than replacing the existing bridge.

(d) Study of Local Road Program

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2223

(1) The commissioner shall conduct a study of alternative methods of establishing a local road improvement program for distributing appropriations made for local road improvements.

(2) In conducting the study, the commissioner shall consider the feasibility and desirability of:

(i) distributing money by formula among counties and cities; and

(ii) distributing money to counties and cities on a competitive-grant basis.

(3) In conducting the study, the commissioner shall prepare and analyze alternative methods of distributing money that do not involve the existing program framework of the county state-aid highway system or municipal state-aid street system, although streets and highways on state-aid systems may be included in any alternative included in the study.

(4) As part of the study, the commissioner shall consult with representatives of local government, city and county highway engineers, and highway users. The commissioner shall report the results of the study to the governor and legislature by February 15, 2002.

Subd. 7. State Roads 979,255,000 990,557,000

Summary by Fund

General 9,000 9,000

Trunk Highway 979,246,000 990,548,000

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

(a) State Road Construction

568,387,000 568,386,000

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

Federal Highway Aid

275,000,000300,000,000

Highway User Taxes

293,387,000 268,386,000

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2224

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

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

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

$10,000,000 the first year and $10,000,000 the second year are for trunk highway improvements to eliminate traffic bottlenecks in the seven-county metropolitan area, and improvements to those segments of high-risk interregional corridors that are located in the seven-county metropolitan area.

$10,000,000 the first year and $10,000,000 the second year are for trunk highway improvements outside the seven-county metropolitan area that the commissioner designates as high-risk interregional corridors.

$1,000,000 the first year and $1,000,000 the second year are for trunk highway advantages to bus transit in conjunction with highway construction or reconstruction projects in the commissioner's statewide transportation improvement program. For purposes of this appropriation, "advantages to transit" includes shoulder bus lanes, bus park-and-ride facilities, and bus passenger waiting facilities, but does not include (1) any facility relating to light rail transit or commuter rail or (2) bus facilities or operating costs in a light rail transit or commuter rail corridor.

On August 1 of 2002 and 2003 the commissioner of transportation shall report to the major transportation projects commission on the status of each trunk highway project that the commissioner classifies as being metropolitan bottleneck alleviation, interregional corridors, and advantages to transit. The report must include (1) the full cost of the project including inflation assumptions, (2) the status of construction and right-of-way acquisition; (3) a schedule for completing the project; (4) the status of environmental review of the project; and (5) the status of the project in the commissioner's statewide transportation improvement program.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2225

$5,000,000 the first year and $5,000,000 the second year are for acquisition of right-of-way for trunk highway construction and reconstruction projects in advance of final design work for those projects.

The commissioner may not spend any money from the trunk highway fund to pay the operating costs of bus service intended solely or primarily to mitigate the effects of trunk highway construction projects.

The commissioner may not cancel, or remove from the commissioner's statewide transportation improvement program, the trunk highway project that would construct a new bridge across the St. Croix river at or near the terminus of marked trunk highway No. 36.

(b) Highway Debt Service

19,235,000 24,228,000

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

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

12,287,000 12,211,000

$600,000 the first year and $600,000 the second year are available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues. These grants are available to (1) regional development commissions, and (2) in regions where no regional development commission is functioning, joint powers boards established under agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission, and (3) in regions where no regional development commission or joint powers board is functioning, the department's district office for that region.

$266,000 the first year and $266,000 the second year are available for grants to metropolitan planning organizations outside the seven-county metropolitan area.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2226

$200,000 the first year is for development of an updated state transportation plan. This is a onetime appropriation and may not be added to the agency's budget base.

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

$100,000 in the first year is for a study of the feasibility and desirability of allowing all vehicles to use lanes on marked interstate highway I-394 presently restricted to high-occupancy vehicles only. The commissioner shall determine a time during which such use is allowed, and take all necessary steps to permit such use for the period of the study. The commissioner shall contract with an independent consultant to study the effects of opening the lanes to all vehicles on traffic flow, traffic congestion, transit and high-occupancy vehicle use, and highway safety on I-394 and other affected highways. The commissioner shall report to the legislature on the results of the study by February 1, 2002. The commissioner shall take no actions with respect to this study that would result in a loss of federal funds to the state or significant delay to a state or local transportation project financed partly with federal funds.

(d) Central Engineering Services

65,031,000 66,338,000

(e) Design and Construction Engineering

89,835,000 91,046,000

$1,000,000 the first year is for planning, environmental studies, and preliminary engineering for major river crossings on the trunk highway system.

(f) State Road Operations

218,863,000 222,602,000

$2,000,000 the first year and $1,000,000 the second year are for improved highway striping.

The commissioner shall spend all money available to the department of transportation under Public Law Number 105-206, section 164 (repeat offender transfer program), for hazard elimination activities under United States Code, title 23, section 152, and shall not transfer any part of these funds to any other agency.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2227

(g) Electronic Communications

5,617,000 5,746,000

Summary by Fund

General 9,000 9,000

Trunk Highway 5,608,000 5,737,000

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

Subd. 8. General Support 50,386,000 51,779,000

Summary by Fund

General 54,000 56,000

Airports 70,000 70,000

Trunk Highway 50,712,000 51,673,000

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

(a) General Management

39,148,000 39,865,000

$6,600,000 the first year and $6,600,000 the second year are for improvement and expansion of information systems technology infrastructure.

(b) General Services

11,688,000 11,934,000

Summary by Fund

General 54,000 56,000

Airports 70,000 70,000

Trunk Highway 11,564,000 11,808,000

Subd. 9. Buildings 7,716,000 -0-

This appropriation is available until June 30, 2003.

(a) Deer Lake truck station 550,000

(b) Dodge Center truck station 575,000

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2228

(d) Spring Lake Park truck station addition 385,000

(e) Training center remodeling 600,000

(f) Appleton shared maintenance facility 200,000

(g) Eagan driver exam station 900,000

(h) Rest areas 180,000

(i) Land acquisition 150,000

(j) Asbestos abatement 100,000

(k) Design fees 1,807,000

(l) Unheated storage buildings 600,000

(m) Salt sheds 1,000,000

Subd. 10. Transfers

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

(b) The commissioner of finance shall transfer from the flexible account in the county state-aid highway fund $6,400,000 the first year and $2,400,000 the second year to the municipal turnback account in the municipal state-aid street fund, and shall retain the remaining amount in the flexible account to be credited to the county turnback account.

Subd. 11. Contingent Appropriation

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

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2229

Subd. 12. Use of State Road Construction Appropriations

Any money appropriated to the commissioner of transportation for state road construction for any fiscal year before fiscal year 2002 is available to the commissioner during fiscal years 2003 and 2004 to the extent that the commissioner spends the money on the state road construction project for which the money was originally encumbered during the fiscal year for which it was appropriated.

The commissioner of transportation shall report to the commissioner of finance by August 1, 2002, and August 1, 2003, on a form the commissioner of finance provides, on expenditures made during the previous fiscal year that are authorized by this subdivision.

Sec. 3. METROPOLITAN COUNCIL TRANSIT 58,967,000 55,201,000

The council may not spend more than $42,200,000 for metro mobility in the 2002-2003 biennium except for proceeds from bond sales when use of those proceeds for metro mobility capital expenditures is authorized by law.

Sec. 4. PUBLIC SAFETY

Subdivision 1. Total Appropriation 118,916,000 120,425,000

Summary by Fund

2002 2003

General 11,590,000 11,846,000

Trunk Highway 88,828,000 90,308,000

Highway User 17,519,000 17,277,000

Special Revenue 979,000 994,000

Subd. 2. Administration and Related Services 13,167,000 13,361,000

Summary by Fund

General 4,578,000 4,603,000

Trunk Highway 7,204,000 7,373,000

Highway User 1,385,000 1,385,000

Notwithstanding Minnesota Statutes, section 16A.285, no part of this appropriation may be transferred.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2230

(a) Office of Communications

390,000 398,000

Summary by Fund

General 20,000 20,000

Trunk Highway 370,000 378,000

(b) Public Safety Support

7,901,000 7,991,000

Summary by Fund

General 3,086,000 3,087,000

Trunk Highway 3,449,000 3,538,000

Highway User 1,366,000 1,366,000

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

$244,000 the first year and $314,000 the second year are to be deposited in the public safety officer's benefit account. This money is available for reimbursements under Minnesota Statutes, section 299A.465.

$508,000 the first year and $508,000 the second year are for soft body armor reimbursements under Minnesota Statutes, section 299A.38.

$1,800,000 the first year and $1,800,000 the second year are appropriated from the general fund for transfer by the commissioner of finance to the trunk highway fund on December 31, 2001, and December 31, 2002, respectively, in order to reimburse the trunk highway fund for expenses not related to the fund. These represent amounts appropriated out of the trunk highway fund for general fund purposes in the administration and related services program.

$610,000 the first year and $610,000 the second year are appropriated from the highway user tax distribution fund for transfer by the commissioner of finance to the trunk highway fund on December 31, 2001, and December 31, 2002, respectively, in order to reimburse the trunk highway fund for expenses not related to the fund. These represent amounts appropriated out of the trunk highway fund for highway user tax distribution fund purposes in the administration and related services program.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2231

$716,000 the first year and $716,000 the second year are appropriated from the highway user tax distribution fund for transfer by the commissioner of finance to the general fund on December 31, 2001, and December 31, 2002, respectively, in order to reimburse the general fund for expenses not related to the fund. These represent amounts appropriated out of the general fund for operation of the criminal justice data network related to driver and motor vehicle licensing.

4,876,000 4,972,000

Summary by Fund

General 1,472,000 1,496,000

Trunk Highway 3,385,000 3,457,000

Highway User 19,000 19,000

Subd. 3. State Patrol 60,105,000 61,738,000

Summary by Fund

2000 2001

General 3,154,000 3,247,000

Trunk Highway 56,859,000 58,399,000

Highway User 92,000 92,000

(a) Patrolling Highways

50,693,000 52,054,000

Summary by Fund

General 37,000 37,000

Trunk Highway 50,564,000 51,925,000

Highway User 92,000 92,000

Notwithstanding Minnesota Statutes, section 16A.285, no part of this appropriation may be transferred.

(b) Commercial Vehicle Enforcement

6,295,000 6,474,000

This appropriation is from the trunk highway fund.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2232

Notwithstanding Minnesota Statutes, section 16A.285, no part of this appropriation may be transferred.

3,117,000 3,210,000

The commissioner may not (1) spend any money from the trunk highway fund for capital security, or (2) permanently transfer any state trooper from the patrolling highways activity to capital security.

Subd. 4. Driver and Vehicle Services 44,348,000 44,008,000

Summary by Fund

General 3,858,000 3,996,000

Trunk Highway 24,448,000 24,212,000

Highway User 16,042,000 15,800,000

Notwithstanding Minnesota Statutes, section 16A.285, no part of this appropriation may be transferred.

(a) Vehicle Registration and Title

19,845,000 19,740,000

Summary by Fund

General 3,803,000 3,940,000

Highway User 16,042,000 15,800,000

$250,000 the first year and $250,000 the second year are for unanticipated costs relating to the production of license plates. This appropriation is from the highway user tax distribution fund. The commissioner may spend money from this appropriation only after obtaining approval from the commissioner of finance and notifying the chair of the transportation budget division of the senate and the chair of the transportation finance committee of the house of representatives.

The commissioner shall conduct a study of the effect of increased authorization and use of special license plates on (1) department of public safety costs and revenues, and (2) law enforcement and public safety. The commissioner shall report to the legislature by February 1, 2002, on the results of the study.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2233

(b) Licensing Drivers

24,503,000 24,268,000

Summary by Fund

General 55,000 56,000

Trunk Highway 24,448,000 24,212,000

$400,000 the first year and $400,000 the second year are for unanticipated costs relating to the production of drivers' licenses. This appropriation is from the trunk highway fund. The commissioner may spend money from this appropriation only after obtaining approval from the commissioner of finance and notifying the chair of the transportation budget division of the senate and the chair of the transportation finance committee of the house of representatives.

Subd. 5. Traffic Safety 317,000 324,000

This appropriation is from the trunk highway fund.

Subd. 6. Pipeline Safety 979,000 994,000

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

Sec. 5. GENERAL CONTINGENT ACCOUNTS 375,000 375,000

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

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

Summary by Fund

Trunk Highway 200,000 200,000

Highway User 125,000 125,000

Airports 50,000 50,000

Sec. 6. TORT CLAIMS 600,000 600,000

To be spent by the commissioner of finance. This appropriation is from the trunk highway fund. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2234

Sec. 7. [TRANSFERS; FISCAL YEAR 2001 APPROPRIATIONS.]

(a) The commissioner of finance shall transfer $11,725,000 from the contingency account in the special revenue fund for transfer to the highway user tax distribution fund for fiscal year 2002 as reimbursement for refunds of taxes for vehicle registration renewals due in June, 2000.

(b) $875,000 is appropriated from the highway user tax distribution fund to the commissioner of public safety for fiscal year 2001. This amount must be added to the appropriation in Laws 1999, chapter 238, article 1, section 4, subdivision 4, paragraph (a), for increased license plate costs.

(c) $445,000 is appropriated from the trunk highway fund to the commissioner of public safety for fiscal year 2001. This amount must be added to the appropriation in Laws 1999, chapter 238, article 1, section 4, subdivision 4, paragraph (c), for increased driver's license card production costs.

(d) The commissioner of finance shall transfer $1,400,000 in fiscal year 2002 from the general fund to the transportation revolving loan fund.

[EFFECTIVE DATE.] Paragraphs (b) and (c) are effective the day following final enactment. Paragraphs (a) and (d) are effective July 1, 2001.

Sec. 8. [OFFICE OF PIPELINE SAFETY ASSESSMENTS.]

Assessments by the office of pipeline safety under Minnesota Statutes, section 299J.12, for purposes of section 3, subdivision 6, are deemed approved under Minnesota Statutes, section 16A.1283.

Sec. 9. [CERTAIN, ONETIME APPROPRIATIONS.]

General fund appropriations in this article for the 2002-2003 biennium in excess of an agency's general fund budget base are onetime and may not be added to the agency's budget base for the 2004-2005 biennium. For purposes of this section the following amounts are each agency's general fund budget base:

2004 2005

Department of transportation $15,980,000 $15,980,000

Department of public safety $11,455,000 $11,434,000

Metropolitan council $53,101,000 $53,101,000

Sec. 10. [DEPARTMENT OF TRANSPORTATION DISTRICT 1 CONSTRUCTION BUDGET.]

The commissioner of transportation shall reduce the construction budget of the department of transportation construction district 1 by $35,000,000 over the period from fiscal year 2003 through fiscal year 2007, in order to repay the advance of highway construction funds in fiscal years 2001 and 2002. The reduction in each year of the period must equal the cost of trunk highway construction projects that were originally scheduled to be constructed during that year that were constructed in fiscal year 2001 or 2002 instead.

Sec. 11. [PORT OF MINNEAPOLIS; RESTRICTIONS.]

Subdivision 1. [FINDING.] The legislature finds that the continued use of the upper harbor of the Mississippi river in the city of Minneapolis for commercial navigation relieves transportation demand on highways and railroads in the metropolitan area, is a necessary element of the transportation system of the region, and is therefore of statewide significance.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2235

Subd. 2. [RESTRICTION.] The city of Minneapolis may not adopt or enforce any zoning ordinance or other zoning determination that would have the effect of forcing the closing or relocation of commercial and industrial activities along the upper harbor of the Mississippi river that are extensively dependent on commercial river transportation.

Sec. 12. Minnesota Statutes 2000, section 161.082, subdivision 2a, is amended to read:

Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] (a) Money in the town bridge account must be expended on town road bridge structures that are ten feet or more in length and on town road culverts that replace existing town road bridges. In addition, if the present bridge structure is less than ten feet in length but a hydrological survey indicates that the replacement bridge structure or culvert must be ten feet or more in length, then the bridge or culvert is eligible for replacement funds.

(b) In addition, if a culvert that replaces a deficient bridge is in a county comprehensive water plan approved by the board of water and soil resources and the department of natural resources, the costs of the culvert and roadway grading other than surfacing are eligible for replacement funds up to the cost of constructing a replacement bridge.

(c) The expenditures on a bridge structure or culvert may be paid from the county turnback account and may be for 100 percent of the cost of the replacement structure or culvert or for 100 percent of the cost of rehabilitating the existing structure.

(d) The town bridge account may be used to pay the costs to abandon an existing bridge that is deficient and in need of replacement, but where no replacement will be made. It may also be used to pay the costs to construct a road or street to facilitate the abandonment of an existing bridge determined by the commissioner to be deficient, if the commissioner determines that construction of the road or street is more cost efficient than replacing the existing bridge.

(e) When bridge approach construction work exceeds $10,000 in costs, or when the county engineer determines that the cost of the replacement culverts alone will not exceed $20,000, or engineering costs exceed $10,000, the town shall be eligible for financial assistance from the town bridge account. Financial assistance shall be requested by resolution of the county board and shall be limited to:

(1) 100 percent of the cost of the bridge approach work that is in excess of $10,000; or

(2) 100 percent of the cost of the replacement culverts when the cost does not exceed $20,000 and the town board agrees to be responsible for all the other costs, which may include costs for structural removal, installation, and permitting. The replacement structure design and costs shall be approved and certified by the county engineer, but need not be subsequently approved by the department of transportation; or

(3) 100 percent of all related engineering costs that exceed $10,000, or in the case of towns with a net tax capacity of less than $200,000, 100 percent of the engineering costs.

(f) Money in the town road account must be distributed as provided in section 162.081.

Sec. 13. Minnesota Statutes 2000, section 168.013, subdivision 1d, is amended to read:

Subd. 1d. [TRAILER.] (a) On trailers registered at a gross vehicle weight of greater than 3,000 pounds, the annual tax is based on total gross weight and is 30 percent of the Minnesota base rate prescribed in subdivision 1e, when the gross weight is 15,000 pounds or less, and when the gross weight of a trailer is more than 15,000 pounds, the tax for the first eight years of vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and during the ninth and succeeding years of vehicle life the tax is 75 percent of the Minnesota base rate prescribed by subdivision 1e~~, but in no event less than $5, provided, that the tax on trailers with a total gross weight of 3,000 pounds or less is payable biennially~~.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2236

(b) Farm trailers with a gross weight in excess of 10,000 pounds and as described in section 168.011, subdivision 17, are taxed as farm trucks as prescribed in subdivision 1c.

(c) Effective on and after July 1, 2001, trailers registered at a gross vehicle weight of 3,000 pounds or less must display a distinctive plate. The registration on the license plate is valid for 20 years, unless the trailer is subsequently reregistered at a gross weight of more than 3,000 pounds. The registration tax for trailers registered for the first time in Minnesota is $55. For trailers registered in Minnesota before July 1, 2001, and for which:

(1) registration is desired for 20 years, the registration tax is $25; or

(2) 20-year registration is not desired, the biennial registration tax is $10 for the first renewal if registration is renewed between and including July 1, 2001, and June 30, 2003. These trailers must be registered for 20 years at the first renewal on or after July 1, 2003, and the registration tax is $20.

For trailers registered at a gross weight of 3,000 pounds or less before July 1, 2001, but not renewed until on or after July 1, 2003, the registration tax is $20 and 20-year registration must be issued.

Sec. 14. Minnesota Statutes 2000, section 174.24, subdivision 3b, is amended to read:

Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner shall determine the total operating cost of any public transit system receiving or applying for assistance in accordance with generally accepted accounting principles. To be eligible for financial assistance, an applicant or recipient shall provide to the commissioner all financial records and other information and shall permit any inspection reasonably necessary to determine total operating cost and correspondingly the amount of assistance which may be paid to the applicant or recipient. Where more than one county or municipality contributes assistance to the operation of a public transit system, the commissioner shall identify one as lead agency for the purpose of receiving ~~moneys~~ money under this section.

(b) Prior to distributing operating assistance to eligible recipients for any contract period, the commissioner shall place all recipients into one of the following classifications: ~~large urbanized area service,~~ urbanized area service, small urban area service, rural area service, and elderly and handicapped service. The commissioner shall distribute funds under this section so that the percentage of total operating cost paid by any recipient from local sources will not exceed the percentage for that recipient's classification, except as provided in an undue hardship case. The percentages ~~shall~~ must be: ~~for large urbanized area service, 50 percent;~~ for urbanized area service and small urban area service, 40 percent; for rural area service, 35 percent; and for elderly and handicapped service, 35 percent. The remainder of the total operating cost will be paid from state funds less any assistance received by the recipient from any federal source. For purposes of this subdivision "local sources" means all local sources of funds and includes all operating revenue, tax levies, and contributions from public funds, except that the commissioner may exclude from the total assistance contract revenues derived from operations the cost of which is excluded from the computation of total operating cost. Total operating costs for the Duluth transit authority or a successor agency shall not include costs related to the Superior, Wisconsin service contract and the school bus service contract.

(c) If a recipient informs the commissioner in writing after the establishment of these percentages but prior to the distribution of financial assistance for any year that paying its designated percentage of total operating cost from local sources will cause undue hardship, the commissioner may reduce the percentage to be paid from local sources by the recipient and increase the percentage to be paid from local sources by one or more other recipients inside or outside the classification, provided that no recipient shall have its percentage thus reduced or increased for more than two years successively. If for any year the funds appropriated to the commissioner to carry out the purposes of this section are insufficient to allow the commissioner to pay the state share of total operating cost as provided in this paragraph, the commissioner shall reduce the state share in each classification to the extent necessary.

Sec. 15. [174.261] [BILLING FOR HIGHWAY MAINTENANCE.]

The commissioner of transportation may bill highway maintenance operating units of the department and local road authorities for the cost of a centrally managed pavement marking program. These costs may include equipment acquisition and rental, labor, materials, and other costs as determined by the commissioner. Receipts

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2237

must be credited to a special account in the trunk highway fund and are appropriated to the commissioner to pay the costs for which billings are made. Amounts credited to the account are exempt from statewide and agency indirect cost payments.

Sec. 16. Minnesota Statutes 2000, section 296A.18, subdivision 3, is amended to read:

Subd. 3. [SNOWMOBILE.] Approximately one percent ~~in fiscal years 1998, 1999, and 2000, and three-fourths of one percent thereafter,~~ of all gasoline received in and produced or brought into this state, except gasoline used for aviation purposes, is being used as fuel for the operation of snowmobiles in this state, and of the total revenue derived from the imposition of the gasoline fuel tax for uses other than for aviation purposes, one percent ~~in fiscal years 1998, 1999, and 2000, and three-fourths of one percent thereafter,~~ of such revenues is the amount of tax on fuel used in snowmobiles operated in this state.

Sec. 17. Laws 2000, chapter 492, article 2, section 1, is amended to read:

Section 1. [METROPOLITAN COUNCIL TRANSIT APPROPRIATION.]

(a) $25,000,000 in fiscal year 2001 ~~and $19,000,000 in fiscal year 2002~~ is appropriated from the general fund to the metropolitan council for public improvements of a capital nature for engineering, design, and construction of an exclusive bus transitway including, but not limited to, acquisition of land and right-of-way.

(b) None of the money appropriated in this section may be spent for light rail transit or commuter rail purposes. The appropriation in paragraph (a), split between the two fiscal years, is nonrecurring, for one-time only, and does not commit the state to make any additional appropriations for the activities described in paragraph (a).

(c) The money necessary to complete the project described in paragraph (a) must come from nonstate sources. A property tax levied by or for the metropolitan council must not be one of those nonstate sources.

ARTICLE 2

TRANSPORTATION DEVELOPMENT

Section 1. Minnesota Statutes 2000, section 16A.641, subdivision 8, is amended to read:

Subd. 8. [APPROPRIATION OF PROCEEDS.] (a) The proceeds of bonds issued under each law are appropriated for the purposes described in the law and in this subdivision. This appropriation may never be canceled.

(b) Before the proceeds are received in the proper special fund, the commissioner may transfer to that fund from the general fund amounts not exceeding the expected proceeds from the next bond sale. The commissioner shall return these amounts to the general fund by transferring proceeds when received. The amounts of these transfers are appropriated from the general fund and from the bond proceeds.

(c) Actual and necessary travel and subsistence expenses of employees and all other nonsalary expenses incidental to the sale, printing, execution, and delivery of bonds must be paid from the proceeds. The proceeds are appropriated for this purpose. Bond proceeds must not be used to pay any part of the salary of a state employee involved in the sale, printing, execution, or delivery of the bonds.

(d) Bond proceeds remaining in a special fund after the purposes for which the bonds were issued are accomplished or abandoned, as certified by the head of the agency administering the special fund, or as determined by the commissioner, unless devoted under the appropriation act to another purpose designated in the act, shall be transferred to the state bond fund.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2238

(e) Before the proceeds of state highway bonds are received in the trunk highway fund, the commissioner may either (1) transfer funds to the trunk highway fund from the general fund, or (2) authorize the use of funds in the trunk highway fund, in an amount not exceeding the expected proceeds from the next state highway bond sale. These funds shall be used in accordance with the legislative authorization to sell state highway bonds. The commissioner shall return these funds to the general fund or replace the funds used from the trunk highway fund by transferring proceeds when received. The amounts of these transfers are appropriated from the general fund and from the state highway bond proceeds.

Sec. 2. Minnesota Statutes 2000, section 16B.54, subdivision 2, is amended to read:

Subd. 2. [VEHICLES.] (a) ~~[ACQUISITION FROM AGENCY; APPROPRIATION.]~~ The commissioner may direct an agency to make a transfer of a passenger motor vehicle or truck currently assigned to it. The transfer must be made to the commissioner for use in the central motor pool. The commissioner shall reimburse an agency whose motor vehicles have been paid for with funds dedicated by the constitution for a special purpose and which are assigned to the central motor pool. The amount of reimbursement for a motor vehicle is its average wholesale price as determined from the midwest edition of the National Automobile Dealers Association official used car guide.

(b) ~~[PURCHASE.]~~ To the extent that funds are available for the purpose, the commissioner may purchase or otherwise acquire additional passenger motor vehicles and trucks necessary for the central motor pool. The title to all motor vehicles assigned to or purchased or acquired for the central motor pool is in the name of the department of administration.

(c) ~~[TRANSFER AT AGENCY REQUEST.]~~ On the request of an agency, the commissioner may transfer to the central motor pool any passenger motor vehicle or truck for the purpose of disposing of it. The department or agency transferring the vehicle or truck must be paid for it from the motor pool revolving account established by this section in an amount equal to two-thirds of the average wholesale price of the vehicle or truck as determined from the midwest edition of the National Automobile Dealers Association official used car guide.

(d) ~~[VEHICLES; MARKING.]~~ The commissioner shall provide for the uniform marking of all motor vehicles. Motor vehicle colors must be selected from the regular color chart provided by the manufacturer each year. The commissioner may further provide for the use of motor vehicles without marking by:

(1) the governor;

(2) the lieutenant governor;

(3) the division of criminal apprehension, the division of alcohol and gambling enforcement, and arson investigators of the division of fire marshal in the department of public safety;

(4) the financial institutions division of the department of commerce;

(5) the division of disease prevention and control of the department of health;

(6) the state lottery;

(7) criminal investigators of the department of revenue;

(8) state-owned community service facilities in the department of human services;

(9) the investigative staff of the department of economic security; ~~and~~

(10) the office of the attorney general; and

(11) the investigative staff of the gambling control board.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2239

Sec. 3. Minnesota Statutes 2000, section 161.23, subdivision 3, is amended to read:

Subd. 3. [LEASING.] The commissioner may lease for the term between ~~the~~ acquisition and sale ~~thereof~~ and for a fair rental rate and upon ~~such~~ terms and conditions as the commissioner deems proper, any excess real estate acquired under ~~the provisions of~~ this section, and any real estate acquired in fee for trunk highway purposes and not presently needed ~~therefor~~ for those purposes. All rents received from the leases ~~shall~~ must be paid into the state treasury. Seventy percent of the rents ~~shall~~ must be credited to the trunk highway fund. The remaining 30 percent ~~shall~~ must be paid to the county treasurer where the real estate is located, and ~~shall be~~ distributed in the same manner as real estate taxes. This subdivision does not apply to real estate leased for the purpose of providing commercial and public service advertising pursuant to franchise agreements as provided in sections 160.276 to 160.278 or to fees collected under section 174.70, subdivision 2.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 4. Minnesota Statutes 2000, section 161.32, subdivision 1, is amended to read:

Subdivision 1. [ADVERTISEMENT FOR BIDS.] The commissioner may conduct the work or any part ~~thereof~~ of the work incidental to the construction and maintenance of the trunk highways by labor employed ~~therefor~~ to do the work or by contract. In cases of construction work, the commissioner shall first advertise for bids for contracts, and if no satisfactory bids are received, may either reject all bids and readvertise, or do the work by labor employed ~~therefor~~ to do the work. Except as ~~hereinafter~~ provided in subdivision 3 or 4, when work is to be done under contract, the commissioner shall advertise for bids once each week for three successive weeks prior to the date ~~such~~ the bids are to be received. The advertisement for bids ~~shall~~ must be published in a newspaper or other periodical of general circulation in the state and may be placed on the Internet. The plans and specifications for the proposed work ~~shall~~ must be on file in the commissioner's office prior to the first call for bids.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 5. Minnesota Statutes 2000, section 161.32, subdivision 1a, is amended to read:

Subd. 1a. [STANDARD SPECIFICATIONS, SECURITY.] Contracts under this section must be based on specifications prescribed by the commissioner. Each bidder for a contract ~~must~~ shall furnish security approved by the commissioner to ensure completion of the contract. The commissioner may require that bid, performance or payment bonds, or other security be furnished electronically.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 6. Minnesota Statutes 2000, section 161.32, subdivision 1b, is amended to read:

Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Bidders may submit bids electronically in a form and manner required by the commissioner. Trunk highway construction contracts, including design-build contracts, must be awarded to the lowest responsible bidder, taking into consideration conformity with the specifications, the purpose for which the contract or purchase is intended, the status and capability of the vendor, and other considerations imposed in the call for bids. The commissioner may decide which is the lowest responsible bidder for all contracts and may use the principles of life-cycle costing, ~~where~~ when appropriate, in determining the lowest overall bid. Any or all bids may be rejected. ~~In a case where~~ When competitive bids are required and ~~where~~ all bids are rejected, new bids, if solicited, must be called for as in the first instance, unless otherwise provided by law.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2240

Sec. 7. Minnesota Statutes 2000, section 161.32, subdivision 1e, is amended to read:

Subd. 1e. [RECORD.] A record must be kept of all bids, including names of bidders, amounts of bids, and each successful bid. After the contract is awarded, this record is open to public inspection and may be posted on the Internet.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 8. [161.3201] [RESTRICTION ON IMPOSITION OF BACK WAGES.]

(a) Notwithstanding any other law, the commissioner of transportation may not require the payment of back wages by a contractor based on an application of sections 177.41 to 177.44 if the contract is for the construction or reconstruction of a trunk highway and was entered into before the date of adoption of the rules of the commissioner of labor and industry relating to rental rates for trucks on public works highway projects and coverage of prevailing wage law under Minnesota Statutes, sections 177.43 and 177.44, as published in 25 State Register 772 (October 2, 2000).

(b) The commissioner shall include in all advertisements for bids for trunk highway construction and reconstruction contracts adequate notice to bidders regarding the department's enforcement of the rules described in paragraph (a).

Sec. 9. [161.362] [ADVANCE FUNDING FOR INTERREGIONAL CORRIDOR DEVELOPMENT.]

Subdivision 1. [CORRIDOR DEVELOPMENT.] By agreement with the commissioner, a road authority other than the commissioner or two or more road authorities that have entered into a joint powers agreement under section 471.59 may make advances from any available funds to the commissioner to expedite development of an interregional transportation corridor, including funds for design consultants, for right-of-way purchases, for construction, or for other related expenditures.

Subd. 2. [REPAYMENT.] Subject to the availability of state money, the commissioner shall repay the amount advanced under this section, up to the state's share of costs, under terms of the agreement. The agreement may provide for payment of interest on the amount of advanced funds. The maximum interest rate that may be paid is the rate earned by the state on invested treasurer's cash for the month before the date the agreement is executed or the actual interest paid by the road authority in borrowing for the amount advanced, whichever rate is less. The total amount of annual repayment to road authorities under this section and section 161.361 must never exceed the amount stated in the department's debt management policy or $10,000,000, whichever is less.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 10. Minnesota Statutes 2000, section 162.06, subdivision 3, is amended to read:

Subd. 3. [DISASTER ACCOUNT.] (a) After deducting administrative costs as provided in subdivision 2, the commissioner shall set aside each year a sum of money equal to one percent of the remaining money in the county state-aid highway fund to provide for a disaster account; provided that the total amount of money in the disaster account ~~shall~~ must never exceed ~~one~~ two percent of the total sums to be apportioned to the counties. This sum ~~shall~~ must be used to provide aid to any county encountering disasters or unforeseen events affecting its county state-aid highway system, and resulting in an undue and burdensome financial hardship.

(b) Any county desiring aid by reason of ~~such~~ disaster or unforeseen event shall request the aid in the form required by the commissioner. Upon receipt of the request, the commissioner shall appoint a board consisting of two representatives of the counties, who must be either a county engineer or member of a county board, from counties other than the requesting county, and a representative of the commissioner. The board shall investigate the matter and report its findings and recommendations in writing to the commissioner.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2241

(c) Final determination of the amount of aid, if any, to be paid to the county from the disaster account ~~shall~~ must be made by the commissioner. Upon determining to aid ~~any such~~ a requesting county, the commissioner shall certify to the commissioner of finance the amount of the aid, and the commissioner of finance shall ~~thereupon~~ then issue a warrant in that amount payable to the county treasurer of the county. Money so paid ~~shall~~ must be expended on the county state-aid highway system in accordance with the rules of the commissioner.

Sec. 11. Minnesota Statutes 2000, section 162.12, subdivision 3, is amended to read:

Subd. 3. [DISASTER ACCOUNT.] (a) After deducting administrative costs as provided in subdivision 2, the commissioner shall set aside each year a sum of money equal to two percent of the remaining money in the municipal state-aid street fund to provide for a disaster account; provided, that the total amount of money in the disaster account ~~shall~~ must never exceed ~~five~~ three percent of the total sums to be apportioned to the statutory and home rule charter cities having a population of 5,000 or more. The disaster account ~~shall~~ must be used to provide aid to any ~~such~~ city encountering disaster or unforeseen event affecting the municipal state-aid street system of the city, and resulting in an undue and burdensome financial hardship.

(b) Any ~~such~~ city desiring aid by reason of ~~such~~ disaster or unforeseen event shall request aid in the form required by the commissioner. Upon receipt of the request the commissioner shall appoint a board consisting of two representatives of the cities, who must be either a city engineer or member of the governing body of a city, from cities other than the requesting city, and a representative of the commissioner. The board shall investigate the matter and report its findings and recommendations in writing to the commissioner.

(c) Final determination of the amount of aid, if any, to be paid to the city from the disaster account ~~shall~~ must be made by the commissioner. Upon determining to aid the city, the commissioner shall certify to the commissioner of finance the amount of aid, and the commissioner of finance shall ~~thereupon~~ then issue a warrant in that amount payable to the fiscal officer of the city. Money so paid ~~shall~~ must be expended on the municipal state-aid street system in accordance with rules of the commissioner.

Sec. 12. Minnesota Statutes 2000, section 165.05, is amended by adding a subdivision to read:

Subd. 3. [BRIDGE UPGRADE ASSISTANCE.] The local road authority may contract with a common carrier by rail, as defined in section 218.011, who owns a railroad bridge to be reconstructed, to provide joint and matching financial assistance to expand or otherwise upgrade the railroad bridge over a street or highway when the local road authority deems assistance would be advantageous to meet street or highway needs. The financial assistance provided is limited to the costs connected with the additional construction necessary to upgrade the bridge from its current condition to a structure that meets present or future street or highway needs as determined by the local road authority. The local road authority may not provide any financial assistance under this subdivision for either commuter rail or light rail transit projects or purposes. This subdivision does not limit the commissioner's authority to assign costs of a rail-highway grade separation to a local road authority under section 219.072 or 219.40.

Sec. 13. [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND PROCEEDS.]

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

(b) "State trunk highway bond-financed property" means property acquired, improved, or maintained in whole or in part with the proceeds of state trunk highway bonds authorized to be issued under article XIV, section 11, of the Minnesota Constitution.

(c) "Outstanding state trunk highway bonds" means the dollar amount of state trunk highway bonds, including any refunding state trunk highway bonds, issued with respect to state trunk highway bond-financed property, less the principal amount of state trunk highway bonds paid or defeased.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2242

Subd. 2. [LEASES.] (a) State trunk highway bond-financed property may only be leased (1) for those purposes authorized by law, (2) in accordance with the requirements of all other applicable laws and duly adopted rules, and orders, if any, of the commissioner of finance intended to ensure the legality and tax-exempt status of outstanding state trunk highway bonds, and (3) with the approval of the commissioner of finance. A lease of state trunk highway bond-financed property, including any renewals that are solely at the option of the lessee, must be for a term substantially less than the useful life of the state trunk highway bond-financed property, but may allow renewal beyond that term upon a determination by the commissioner of transportation that the use continues to be authorized by law and that the additional term is authorized by law. A lease of state trunk highway bond-financed property must be terminable by the commissioner of transportation if the other contracting party defaults under the contract, and must provide for oversight by the commissioner of transportation.

(b) Notwithstanding any other law, money received by the state under a lease of state trunk highway bond-financed property must be paid to the commissioner of transportation, deposited in the state trunk highway fund, and used to pay or redeem or defease any outstanding state trunk highway bonds in accordance with the commissioner of finance's order authorizing their issuance. The money paid to the commissioner of transportation is appropriated for this purpose. Money in excess of the foregoing requirement must be applied as otherwise required by law.

Subd. 3. [SALES.] (a) State trunk highway bond-financed property must not be sold unless the sale (1) is for a purpose authorized by law, (2) is conducted in accordance with applicable law and duly adopted rules, (3) is made in accordance with orders, if any, of the commissioner of finance intended to ensure the legality and tax-exempt status of outstanding state trunk highway bonds, and (4) is approved by the commissioner of finance.

(b) Notwithstanding any other law, the net proceeds of a sale of any state trunk highway bond-financed property must be paid to the commissioner of transportation, deposited in the state trunk highway fund, and used to pay or redeem or defease any outstanding trunk highway bonds in accordance with the commissioner of finance's order authorizing their issuance. The net proceeds of sale paid to the commissioner of transportation are appropriated for these purposes. Any net proceeds of sale in excess of the foregoing requirement must be applied as otherwise required by law. When all of the net proceeds of sale have been applied as provided in this subdivision, the sold property is no longer considered state trunk highway bond-financed property.

Subd. 4. [RELATION TO OTHER LAWS.] This section applies to all state trunk highway bond-financed property unless otherwise provided by law.

Sec. 14. Minnesota Statutes 2000, section 168.012, subdivision 1, is amended to read:

Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION FEES.] (a) The following vehicles are exempt from the provisions of this chapter requiring payment of tax and registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of official business by the federal government, the state, or any political subdivision;

(2) vehicles owned and used exclusively by educational institutions and used solely in the transportation of pupils to and from ~~such~~ those institutions;

(3) vehicles used solely in driver education programs at nonpublic high schools;

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled persons for educational purposes;

(5) vehicles owned and used by honorary consul;

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2243

(6) ambulances owned by ambulance services licensed under section 144E.10, the general appearance of which is unmistakable; and

(7) vehicles owned by a commercial driving school licensed under section 171.34, or an employee of a commercial driving school licensed under section 171.34, and the vehicle is used exclusively for driver education and training.

(b) Vehicles owned by the federal government, municipal fire apparatuses including fire-suppression support vehicles, police patrols, and ambulances, the general appearance of which is unmistakable, ~~shall~~ are not be required to register or display number plates.

(c) Unmarked vehicles used in general police work, liquor investigations, or arson investigations, and passenger automobiles, pickup trucks, and buses owned or operated by the department of corrections ~~shall~~, must be registered and ~~shall~~ must display appropriate license number plates ~~which shall be~~, furnished by the registrar at cost. Original and renewal applications for these license plates authorized for use in general police work and for use by the department of corrections must be accompanied by a certification signed by the appropriate chief of police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if issued to a department of corrections vehicle, or the appropriate officer in charge if issued to a vehicle of any other law enforcement agency. The certification must be on a form prescribed by the commissioner and state that the vehicle will be used exclusively for a purpose authorized by this section.

(d) Unmarked vehicles used by the departments of revenue and labor and industry, fraud unit, in conducting seizures or criminal investigations must be registered and must display passenger vehicle classification license number plates ~~which shall be~~, furnished at cost by the registrar. Original and renewal applications for these passenger vehicle license plates must be accompanied by a certification signed by the commissioner of revenue or the commissioner of labor and industry. The certification must be on a form prescribed by the commissioner and state that the vehicles will be used exclusively for the purposes authorized by this section.

(e) Unmarked vehicles used by the division of disease prevention and control of the department of health must be registered and must display passenger vehicle classification license number plates. These plates must be furnished at cost by the registrar. Original and renewal applications for these passenger vehicle license plates must be accompanied by a certification signed by the commissioner of health. The certification must be on a form prescribed by the commissioner and state that the vehicles will be used exclusively for the official duties of the division of disease prevention and control.

(f) Unmarked vehicles used by staff of the gambling control board in gambling investigations and reviews must be registered and must display passenger vehicle classification license number plates. These plates must be furnished at cost by the registrar. Original and renewal applications for these passenger vehicle license plates must be accompanied by a certification signed by the board chair. The certification must be on a form prescribed by the commissioner and state that the vehicles will be used exclusively for the official duties of the gambling control board.

(g) All other motor vehicles ~~shall~~ must be registered and display tax-exempt number plates ~~which shall be~~, furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles required to display tax-exempt number plates ~~shall~~ must have the name of the state department or political subdivision, nonpublic high school operating a driver education program, or licensed commercial driving school, ~~on the vehicle~~ plainly displayed on both sides of the vehicle; except that each state hospital and institution for the mentally ill and mentally retarded may have one vehicle without the required identification on the sides of the vehicle, and county social service agencies may have vehicles used for child and vulnerable adult protective services without the required identification on the sides of the vehicle. ~~Such~~ This identification ~~shall~~ must be in a color giving contrast with that of the part of the vehicle on which it is placed and ~~shall~~ must endure throughout the term of the registration. The identification must not be on a removable plate or placard and ~~shall~~ must be kept clean and visible at all times; except that a removable plate or placard may be utilized on vehicles leased or loaned to a political subdivision or to a nonpublic high school driver education program.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2244

Sec. 15. [168.1299] [SPECIAL "CHOOSE LIFE" PLATES; ACCOUNT.]

Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) The registrar shall issue special "choose life" license plates to an applicant who:

(1) is an owner or joint owner of a passenger automobile, pickup truck, or van;

(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

(3) pays the registration tax required under section 168.013;

(4) pays the fees required under this chapter;

(5) pays a minimum contribution of $25 annually to the special account created in subdivision 6; and

(6) complies with laws and rules governing registration and licensing of vehicles and drivers.

(b) The "choose life" license plate application form must clearly indicate that the contribution specified under paragraph (a), clause (5), is a minimum annual contribution to receive the license plates and that the applicant may make an additional contribution to the account.

Subd. 2. [DESIGN.] The registrar shall approve the design of the special plates featuring a brightly colored, crayon-like drawing image of two children, a school bus yellow background, and the words "choose life." The design, which must be used, is available from Choose Life, Inc., located in Florida.

Subd. 3. [NO REFUND.] Contributions under this section are not refundable.

Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 168.12, subdivision 1, on payment of a transfer fee of $5, plates issued under this section may be transferred to another passenger automobile, pickup truck, or van owned or jointly owned by the person to whom the special plates were issued.

Subd. 5. [FEES CREDITED.] The fees collected under this section, not including the contributions collected under subdivision 1, paragraph (a), clause (5), must be deposited in the state treasury and credited to the highway user tax distribution fund.

Subd. 6. [ADOPTION SUPPORT ACCOUNT.] (a) Contributions under subdivision 1, paragraph (a), clause (5), must be paid to the registrar of motor vehicles and credited to a special account known as the adoption support account, which is established in the general fund. Money in the account is annually appropriated to the counties in proportion to the number of "choose life" license plates issued in each county as shown by the registrar's record under subdivision 7.

(b) Each county receiving funds under this subdivision shall distribute the funds to nongovernmental, nonprofit agencies whose services are limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. Funds may not be distributed to any agency that is directly or indirectly involved in or associated with abortion activities, including (1) counseling for or referrals to abortion clinics; (2) providing medical abortion-related procedures; or (3) pro-abortion advertising. Funds may not be distributed to any agency that charges women for services received.

(c) An agency that receives funds under this subdivision must use at least 70 percent of those funds to (1) provide for the material needs of pregnant women who are committed to placing their children for adoption, including clothing, housing, medical care, food, utilities, and transportation; or (2) provide for the needs of infants awaiting placement with adoptive parents.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2245

(d) An agency that receives funds under this subdivision shall spend any funds remaining after expenditures for the purposes of paragraph (c) for adoption counseling, training, or advertising, but not for administrative expenses, legal expenses, or capital expenditures.

(e) An agency that receives funds under this subdivision shall submit an annual audit, prepared by a certified public accountant, to the county. The county may conduct a consolidated audit in lieu of the annual audit. Unused funds that exceed ten percent of the funds received by an agency in a fiscal year must be returned to the county, and the county shall distribute these funds to other qualified agencies.

Subd. 7. [RECORD.] The registrar of motor vehicles shall maintain a record of the number of license plates issued in each county in order to determine the amount of money in the adoption support account available to each county.

[EFFECTIVE DATE.] This section is effective July 1, 2001.

Sec. 16. Minnesota Statutes 2000, section 168.33, subdivision 7, is amended to read:

Subd. 7. [FILING FEE.] (a) In addition to all other statutory fees and taxes, a filing fee of ~~$3.50~~ $4.50 is imposed on every ~~application~~ motor vehicle registration renewal, excluding prorate transactions, and a filing fee of $7 is imposed on every other type of vehicle transaction, including prorate transactions; except that a filing fee may not be charged for a document returned for a refund or for a correction of an error made by the department of public safety, a licensed motor vehicle dealer, or a deputy registrar. The filing fee ~~shall~~ must be shown as a separate item on all registration renewal notices sent out by the department ~~of public safety~~. No filing fee or other fee may be charged for the permanent surrender of a certificate of title and license plates for a motor vehicle.

(b) Filing fees collected under this subdivision by the ~~registrar~~ department must be paid into the state treasury and credited to the highway user tax distribution fund, except fees for registrations of motor vehicles. Filing fees collected for registrations of motor vehicles in conjunction with a title transfer or first application in this state must be paid into the state treasury with 50 percent of the money credited to the general fund and 50 percent credited to the highway user tax distribution fund.

(c) A motor vehicle dealer shall retain $2.50 of each filing fee imposed under this subdivision for a completed transaction involving the sale of a motor vehicle to or by a licensed dealer, if the dealer electronically transmits the transaction to the registrar or deputy registrar. The department shall develop procedures to implement this subdivision, in consultation with the Minnesota deputy registrar association and the Minnesota automobile dealers association. Deputy registrars shall not be prohibited from receiving and processing required documents supporting an electronic transaction.

Sec. 17. Minnesota Statutes 2000, section 169.67, subdivision 3, is amended to read:

Subd. 3. [TRAILER, SEMITRAILER.] (a) No trailer or semitrailer with a gross weight of 3,000 or more pounds, or a gross weight that exceeds the empty weight of the towing vehicle, may be drawn on a highway unless it is equipped with brakes that are adequate to control the movement of and to stop and hold the trailer or semitrailer. A surge brake on a trailer or semitrailer meets the requirement of this paragraph for brakes adequate to stop and hold the trailer or semitrailer.

(b) No trailer or semitrailer that is required to have brakes and that has a gross weight of more than 6,000 pounds may be drawn on a highway unless it is equipped with brakes that are so constructed that they are adequate to stop and hold the trailer or semitrailer whenever it becomes detached from the towing vehicle.

(1) a trailer used by a farmer while transporting farm products produced on the user's farm, or supplies back to the farm of the trailer's user;

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2246

(2) a towed custom service vehicle drawn by a motor vehicle that is equipped with brakes that meet the standards of subdivision 5, provided that such a towed custom service vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more than 45 miles per hour;

(3) a trailer or semitrailer operated or used by retail dealers of implements of husbandry while engaged exclusively in the delivery of implements of husbandry;

(4) a motor vehicle drawn by another motor vehicle that is equipped with brakes that meet the standards of subdivision 5;

(5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous fertilizer under pressure;

(6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and

(7) a disabled vehicle while being towed to a place of repair.

(d) Vehicles described in paragraph (c), clauses (1), (3), and (4), may be operated without complying with paragraph (a) only if the trailer or semitrailer does not exceed the following gross weights:

(1) 3,000 pounds while being drawn by a vehicle registered as a passenger automobile, other than a pickup truck as defined in section 168.011, subdivision 29;

(2) 12,000 pounds while being drawn by any other motor vehicle except a self-propelled implement of husbandry.

Sec. 18. Minnesota Statutes 2000, section 174.35, is amended to read:

174.35 [LIGHT RAIL TRANSIT.]

The commissioner of transportation may exercise the powers granted in this chapter and chapter 473, as necessary, to plan, design, acquire, construct, and equip light rail transit facilities in the metropolitan area as defined in section 473.121, subdivision 2. The commissioner shall not spend state funds to study light rail transit unless the funds are appropriated in legislation that identifies the proposed route to be studied.

Sec. 19. [174.36] [PROHIBITION ON STUDYING HIGH-SPEED RAIL.]

The commissioner shall notify the chairs of the senate and house of representatives committees with jurisdiction over transportation finance whenever the commissioner spends state funds to study high-speed intercity passenger rail service.

Sec. 20. Minnesota Statutes 2000, section 174.55, subdivision 4, is amended to read:

Subd. 4. [COMMISSIONER REPORT.] The commissioner of transportation shall report to the commission not later than July 15 of each year. The report must consist of a listing of candidate projects that meet the criteria of major transportation projects within the definition in subdivision 5, and a listing of proposed projects for study that the commissioner believes have the potential of being major transportation projects ~~but do not have draft environmental impact statements~~. The report must include the commissioner's plan for funding and implementation of each project.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2247

Sec. 21. Minnesota Statutes 2000, section 174.55, subdivision 5, is amended to read:

Subd. 5. [MAJOR TRANSPORTATION PROJECT.] A major transportation project is a project that meets each of the following criteria:

(1) involves the department of transportation;

(2) ~~has a total cost of more than $5,000,000~~ has a construction cost, in the year in which construction is expected to begin, that exceeds 25 percent of the estimated annual construction program of the department division or construction district in which the project is located; and

(3) is a critical element of the transportation system of its region and the state~~; and~~

~~(4) has a completed draft environmental impact statement~~.

Sec. 22. Minnesota Statutes 2000, section 174.70, subdivision 2, is amended to read:

Subd. 2. [IMPLEMENTATION.] In order to facilitate construction and maintenance of the ~~initial backbone of the~~ state's communications ~~system described in subdivision 1~~ systems and to reduce the proliferation of communications towers, the commissioner ~~shall~~ may, by purchase, lease, gift, exchange, or other means, obtain sites for the erection of towers and the location of equipment and ~~shall~~ may construct buildings and structures needed for developing the state's communications ~~system~~ systems. The commissioner may negotiate with commercial wireless service providers and other tower owners to obtain sites, towers, and equipment. Notwithstanding sections 161.433, 161.434, 161.45, and 161.46, the commissioner may by agreement lease, allow, or permit commercial wireless service providers or other tower owners to install privately owned equipment on state-owned lands, buildings, and other structures under the jurisdiction of the commissioner when it is practical and feasible to do so. The commissioner shall annually publish a list of state-owned tower sites that are available to commercial wireless service providers and other tower owners for installation of their equipment on a first-come, first-served basis for each tower or site. The commissioner may not make agreements that grant the exclusive use of towers. After the commissioner has agreed to make space available on a specific tower or at a specific site, the commissioner shall charge a site use fee for the value of the real property or structure made available. In lieu of a site use fee, the commissioner may make agreements with commercial wireless service providers or other tower owners to place state equipment on privately owned towers and may accept ~~(1)~~ improvements such as tower reinforcement, reconstruction, site development, or other site improvements, to ~~state-owned public safety~~ the state's communications systems facilities or real or personal property~~, or (2) services provided by a commercial wireless service provider~~. This section must not be construed to create a right to install privately owned towers on trunk highway right-of-way.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 23. Minnesota Statutes 2000, section 174.70, subdivision 3, is amended to read:

Subd. 3. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected under subdivision 2 must be deposited in the trunk highway fund. The fees so collected are appropriated to the commissioner to pay for ~~the commissioner's share and state patrol's share of the costs of constructing~~ developing and maintaining the ~~communication system sites~~ communications systems that serve state agencies.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 24. Minnesota Statutes 2000, section 174.88, subdivision 2, is amended to read:

Subd. 2. [EXPENDITURE OF STATE FUNDS.] The commissioner shall not spend any state funds for construction or equipment of commuter rail facilities unless the funds have been appropriated by law specifically for those purposes. The commissioner shall not spend state funds to study commuter rail unless the funds are appropriated in legislation that identifies the proposed route to be studied.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2248

Sec. 25. [219.166] [ESTABLISHMENT OF QUIET ZONES.]

Subdivision 1. [AUTHORITY.] A county, statutory or home rule charter city, or town may by ordinance establish a defined "quiet zone" in which the sounding of horns, whistles, or other audible warnings by locomotives is regulated or prohibited. A quiet zone established under this section must consist of at least one-half mile of railroad right-of-way. All quiet zones, regulations, and ordinances adopted under this section must conform to federal law and the regulations of the Federal Railroad Administration.

Subd. 2. [STATE-AID FUNDS.] Notwithstanding any other law to the contrary, but in accordance with the Minnesota Constitution, article XIV, sections 7 and 8, counties and statutory or home rule charter cities may spend their county state-aid highway or municipal state-aid street allotments to purchase, construct, and install the necessary signals and barriers required to meet federal regulations when establishing a quiet zone at intersections of the railway and any county state-aid highway or municipal state-aid street, as applicable.

Sec. 26. Minnesota Statutes 2000, section 222.63, subdivision 4, is amended to read:

Subd. 4. [DISPOSITION PERMITTED.] (a) The commissioner may lease any rail line or right-of-way held in the state rail bank or enter into an agreement with any person for the operation of any rail line or right-of-way for any of the purposes set forth in subdivision 2 in accordance with a fee schedule to be developed by the commissioner.

(b) The commissioner may convey any rail line or right-of-way, for consideration or for no consideration and upon other terms as the commissioner may determine to be in the public interest, to any other state agency or to a governmental subdivision of the state having power by law to utilize it for any of the purposes set forth in subdivision 2.

(c) The commissioner may convey a portion of previously acquired rail bank right-of-way to a state agency or governmental subdivision when the commissioner determines that:

(1) the portion to be conveyed is in excess of that needed for the purposes stated in subdivision 2;

(2) the conveyance is upon terms and conditions agreed upon by both the commissioner and the state agency or governmental subdivision;

(3) after the sale, the rail bank corridor will continue to meet the future public and commercial transportation and transmission needs of the state; and

(4) the conveyance will not reduce the width of the rail bank corridor to less than 50 feet.

(d) The commissioner may lease previously acquired state rail bank right-of-way to a state agency or governmental subdivision or to a private entity for nontransportation purposes when:

(1) the portion to be leased is in excess of that needed for the purposes stated in subdivision 2;

(2) the lease will not reduce the useable width of the rail bank corridor to less than 50 feet;

(3) the cost of the lease is based on the fair market value of the portion to be leased, as determined by appraisal;

(4) the lease allows the commissioner to terminate the lease on 90 days' written notice to the lessee; and

(5) the lease prohibits the construction or erection of any permanent structure within the 50-foot rail bank corridor and requires any structure erected on the leased property to be removed and the land restored to its original condition on 90 days' written notice to the lessee.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2249

(e) Proceeds from a sale ~~shall~~ or lease must be deposited in the rail bank maintenance account described in subdivision 8.

Sec. 27. Minnesota Statutes 2000, section 297B.09, subdivision 1, is amended to read:

Subdivision 1. [GENERAL FUND SHARE.] (a) Money collected and received under this chapter must be deposited as provided in this subdivision.

(b) From July 1, 2001, to June 30, 2002, 30.86 percent of the money collected and received must be deposited in the highway user tax distribution fund, and the remaining 69.14 percent of the money must be deposited in the general fund.

(c) On and after July 1, 2002, thirty-two percent of the money collected and received must be deposited in the highway user tax distribution fund, and the remaining 68 percent of the money must be deposited in the general fund.

Sec. 28. Minnesota Statutes 2000, section 299A.41, subdivision 4, is amended to read:

Subd. 4. [PUBLIC SAFETY OFFICER.] "Public safety officer" includes:

(1) a peace officer defined in section 626.84, subdivision 1, paragraph (c) or (f);

(2) a correction officer employed at a correctional facility and charged with maintaining the safety, security, discipline, and custody of inmates at the facility;

(3) an individual employed on a full-time basis by the state or by a fire department of a governmental subdivision of the state, who is engaged in any of the following duties:

(i) firefighting;

(ii) emergency motor vehicle operation;

(iii) investigation into the cause and origin of fires;

(iv) the provision of emergency medical services; or

(v) hazardous material responder;

(4) a legally enrolled member of a volunteer fire department or member of an independent nonprofit firefighting corporation who is engaged in the hazards of firefighting;

(5) a good samaritan while complying with the request or direction of a public safety officer to assist the officer;

(6) a reserve police officer or a reserve deputy sheriff while acting under the supervision and authority of a political subdivision;

(7) a driver or attendant with a licensed basic or advanced life support transportation service who is engaged in providing emergency care; ~~and~~

(8) a first responder who is certified by the ~~commissioner of health~~ emergency medical services regulatory board to perform basic emergency skills before the arrival of a licensed ambulance service and who is a member of an organized service recognized by a local political subdivision to respond to medical emergencies to provide initial medical care before the arrival of an ambulance; and

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2250

(9) a person, other than a state trooper, employed by the commissioner of public safety and assigned to the state patrol, whose primary employment is the enforcement of commercial motor vehicle laws and regulations.

Sec. 29. Minnesota Statutes 2000, section 446A.085, is amended to read:

446A.085 [TRANSPORTATION REVOLVING LOAN FUND.]

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

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

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

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

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

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

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

Subd. 3. [ESTABLISHMENT OF FUND.] A transportation revolving loan fund is established to make loans for the purposes described in subdivision 2. A highway account is established in the fund for highway projects eligible under United States Code, title 23. A transit account is established in the fund for transit capital projects eligible under United States Code, title 49. A state funds general loan account is established in the fund for transportation projects eligible under state law. Other accounts may be established in the fund as necessary for its management and administration. The transportation revolving loan fund ~~shall receive~~ receives federal money under the act and money from any source. Money received under this section must be paid to the state treasurer and credited to the transportation revolving loan fund. Money in the fund is annually appropriated to the ~~commissioner~~ authority and does not lapse. The fund must be credited with investment income, and with repayments of principal and interest, except for servicing fees assessed under sections 446A.04, subdivision 5, and 446A.11, subdivision 8.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2251

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

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

Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation committee may authorize the making of loans to borrowers by the authority for transportation purposes authorized by the act or this section, without further action by the authority. The authority may not make loans for transportation purposes without the approval of the transportation committee. Each project must be certified by the commissioner of transportation before its consideration by the transportation committee.

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

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

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

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

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

Subd. 8. [CERTIFICATION OF PROJECTS.] The commissioner of transportation shall consider the following information when evaluating projects to certify for funding to the transportation committee:

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

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

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

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

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

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

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

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2252

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

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

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

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

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

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

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

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

Subd. 12. [RULES OF TRANSPORTATION COMMITTEE AND AUTHORITY.] The commissioner of the department of trade and economic development shall adopt administrative rules specifying the procedures that will be used for the administration of the duties of the transportation committee and authority. The rules must include criteria, standards, and procedures that will be used for making loans, determining interest rates to be charged on loans, the amount of project financing to be provided, the collateral that will be required, the requirements for dedicated sources of revenue or income streams to ensure repayment of loans, and the length of repayment terms.

Subd. 13. [AUTHORITY AND RULES OF DEPARTMENT.] The commissioner of transportation shall establish, adopt rules for, and implement a program to identify, assist with the development of, and certify projects eligible for loans under the act to the transportation committee. Until rules are adopted by the commissioner of transportation, the commissioner of transportation may certify to the transportation committee any project that has been reviewed through an approved planning process that qualifies the project to be included in the statewide transportation program or amended into the statewide transportation improvement program.

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

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 30. Minnesota Statutes 2000, section 466.03, is amended by adding a subdivision to read:

Subd. 22. [HIGHWAY RIGHT-OF-WAY.] Any claim for a loss involving or arising out of the use or operation of a recreational motor vehicle, as defined in section 84.90, subdivision 1, within the right-of-way of a road or highway as defined in section 160.02, subdivision 7, except that the municipality is liable for conduct that would entitle a trespasser to damages against a private person.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2253

Sec. 31. [473.1692] [TRANSPORTATION ADVISORY BOARD.]

The council shall establish a transportation advisory board and assign duties to it as the council deems appropriate. The transportation advisory board established under this section succeeds any transportation advisory board appointed and functioning before the effective date of this section. The membership of the transportation advisory board consists of:

(1) the commissioner of transportation or the commissioner's designee;

(2) the commissioner of the pollution control agency or the commissioner's designee;

(3) one member of the metropolitan airports commission appointed by the commission;

(4) one person appointed by the commissioner of transportation to represent nonmotorized transportation;

(5) one person appointed by the commissioner of transportation to represent the freight transportation industry;

(6) two persons appointed by the commissioner of transportation to represent public transit;

(7) ten elected officials of statutory or home rule charter cities within the metropolitan area, appointed by the association of metropolitan municipalities;

(8) seven elected officials of counties, appointed by the association of Minnesota counties;

(9) eight citizens appointed by the council, one from each council precinct; and

(10) one member of the council, appointed by the council. The transportation advisory board shall elect a chair from among its members.

Sec. 32. Minnesota Statutes 2000, section 473.399, is amended by adding a subdivision to read:

Subd. 4. [EXPENDITURE OF STATE FUNDS.] No state funds may be expended by the metropolitan council to study light rail transit or commuter rail unless the funds are appropriated in legislation that identifies the proposed route to be studied.

Sec. 33. [473.450] [SPECIAL TAXING DISTRICTS FOR LRT.]

Subdivision 1. [CREATION.] The council shall establish a special taxing district to pay for the cost of operating a light rail transit line to the extent fare revenues are insufficient to cover those costs.

Subd. 2. [AREA OF DISTRICT.] The special taxing district consists of the area comprised of any parcel of property located, in whole or part, within 1,000 feet of the right-of-way for the light rail transit line and classified as class 3 property.

Subd. 3. [REVENUES.] (a) The revenues of the district are the property tax increments attributable to the increase in the net tax capacity of the district that occurs after its certification. The tax increments must be computed in the manner provided in this subdivision.

(b) Upon the request of the council, the county auditor shall certify the net tax capacity of all taxable property within the area of the special taxing district. Certification of original net tax capacity, captured net tax capacity, and computation of tax increment must be done following the procedures and methods provided under section 469.177 with the following exceptions:

(1) the current tax rate, excluding any school district tax rate, must be used, rather than the original tax rate under section 469.177, subdivision 1a;

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2254

(2) computations of increment must be made using the option under section 469.177, subdivision 3, paragraph (b);

(3) the county auditor shall annually adjust the original tax capacity of the district by the average percentage change in the tax capacity of class 3 property in the county over the previous assessment year. Increases attributable to new improvements that became taxable in that assessment year must be excluded in calculating the average.

(c) The county auditor shall pay the tax increment to the council. Revenues may only be used for the operating costs of light rail transit.

(d) The restrictions on or requirements for tax increment financing districts under sections 469.174 to 469.178 do not apply to a special taxing district, except as provided in paragraph (b) and as follows:

(1) the county may deduct its cost of administration as permitted under section 469.176, subdivision 4h, paragraph (a); and

(2) to the extent that revenues under this section exceed the projected cost of light rail transit operations that exceed fare and other revenues, the excess must be distributed as provided under section 469.176, subdivision 2, clause (4).

(e) For purposes of this section "original net tax capacity" includes tax capacity attributable to planned unit developments approved before January 1, 2000.

Subd. 4. [TIF AND ABATEMENT.] No tax increment financing district may be created under sections 469.174 to 469.178 within the area of the special taxing district as defined under subdivision 2. No abatement of the incremental tax under subdivision 3 may be made under sections 469.1812 to 469.1815.

[EFFECTIVE DATE.] This section is effective beginning for property taxes payable in 2003. Subdivision 4 applies to requests for certification of tax increment financing districts made after the day following final enactment.

Sec. 34. Laws 1997, chapter 159, article 2, section 4, is amended to read:

Sec. 4. [~~DEMONSTRATION PROGRAM~~ PERFORMANCE-BASED FUNDING PROGRAM FOR CERTAIN PROVIDERS.]

Notwithstanding Minnesota Statutes, section 473.384, subdivision 6, regarding percentages of total operating costs to be subsidized by the metropolitan council, ~~until June 30, 2001,~~ the metropolitan council may establish the appropriate percentage operating subsidy to be granted to individual recipients under the subdivision. The metropolitan council must establish the percentage annually, based on available transit funds and the council's determination of a reasonable subsidy per passenger trip in comparison to similar transit or paratransit service in the metropolitan area. The council may provide a subsidy up to 100 percent of a recipient's operating costs for all or any portion of the transit or paratransit service and may require recipients to pay up to ~~100~~ 41.5 percent of their own operating costs for all or any portion of the service.

Sec. 35. Laws 1999, chapter 238, article 1, section 2, subdivision 7, is amended to read:

Subd. 7. State Roads 912,625,000 923,769,000

Summary by Fund

General 59,000 9,000

Trunk Highway 912,566,000 923,760,000

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2255

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

(a) State Road Construction

516,684,000 521,707,000

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

Federal Highway Aid

275,000,000275,000,000

Highway User Taxes

241,684,000 246,707,000

The commissioner may transfer up to $15,000,000 each year to the trunk highway revolving loan account.

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

(b) Highway Debt Service

13,949,000 13,175,000

$3,949,000 the first year and $3,175,000 the second year are for transfer to the state bond fund.

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

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2256

12,450,000 12,597,000

$216,000 the first year and $216,000 the second year are available for grants to metropolitan planning organizations outside the seven-county metropolitan area.

$75,000 the first year and $25,000 the second year are for transportation planning relating to the 2000 census. This appropriation may not be added to the agency's budget base.

(d) Central Engineering Services

68,563,000 70,940,000

(e) Design and Construction Engineering

80,592,000 83,246,000

$1,000,000 the first year and $500,000 the second year are for transportation planning relating to the 2000 census. This appropriation may not be added to the agency's budget base.

(f) State Road Operations

214,703,000 216,561,000

$1,000,000 each year are for enhancements to the freeway operations program in the metropolitan area.

$1,000,000 the first year and $1,000,000 the second year are for maintenance services including rest area maintenance, vehicle insurance, ditch assessments, and tort claims.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2257

$3,000,000 the first year and $1,000,000 the second year are for improved highway striping.

$500,000 the first year and $500,000 the second year are for safety technology applications.

$150,000 the first year and $150,000 the second year are for statewide asset preservation and repair.

$750,000 the first year and $750,000 the second year are for the implementation of the transportation worker concept.

The commissioner shall establish a task force to study seasonal road restrictions and report to the legislature its findings and any recommendations for legislative action. The commissioner shall appoint members representing:

(1) aggregate and ready-mix producers;

(2) solid waste haulers;

(3) liquid waste haulers;

(4) the logging industry;

(5) the construction industry; and

(6) agricultural interests.

The task force shall report to the legislature by February 1, 2000, on its findings and recommendations.

(g) Electronic Communications

5,684,000 5,543,000

Summary by Fund

General 59,000 9,000

Trunk Highway 5,625,000 5,534,000

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

$50,000 the first year from the general fund is for purchase of equipment for the 800 MHz public safety radio system.

$200,000 the first year is from the trunk highway fund for costs resulting from the termination of agreements made under article 2, sections 31 and 89, and Minnesota Statutes, section 174.70, subdivision 2. This appropriation does not cancel but is available until spent.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2258

In each year of the biennium the commissioner shall request the commissioner of administration to request bids for the purchase of digital mobile and portable radios to be used on the metropolitan regional public safety radio communications system.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 36. Laws 2000, chapter 479, article 1, section 3, subdivision 3, is amended to read:

Subd. 3. Bus Transit Ways 6,300,000

For engineering, design, and construction of bus transit ways, including, but not limited to, acquisition of land and rights-of-way. This appropriation is available until spent.

Notwithstanding Minnesota Statutes, chapter 398A, relating to regional railroad authorities, the metropolitan council may conduct a study of bus transit ways in the northwest light rail transit corridor in Hennepin county, and in that part of the southwest light rail transit corridor in and between the cities of Hopkins and Minneapolis. The study must consider alternative alignments of the bus transit ways, using existing roads, highways, and transportation facilities in conjunction with the light rail transit corridors. The metropolitan council must not study, engineer, design, or construct a bus transit way in (1) any part of the southwest light rail transit corridor that is in the city of Minnetonka, Eden Prairie, or Chanhassen, or (2) the Midtown Greenway or Kenilworth corridors in Minneapolis.

Sec. 37. Laws 2000, chapter 490, article 7, section 3, is amended to read:

Sec. 3. [APPROPRIATION.]

For fiscal year 2001, $149,804,000 is appropriated from the general fund to the highway user tax distribution fund. ~~For fiscal year 2002, $161,723,000 is appropriated from the general fund to the highway user tax distribution fund.~~

Sec. 38. [COMMISSIONER OF TRANSPORTATION; RESTRICTIONS ON ERECTION OF TOWER.]

The commissioner of transportation may not erect any tower or other structure in Cass county with equipment relating to the global positioning system unless the Cass county board, and the governing body of the city or town in which the tower is located, have each adopted a resolution approving the erection and location of the tower.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 39. [COMMISSIONER OF TRANSPORTATION; METROPOLITAN COUNCIL RESTRICTIONS.]

Subdivision 1. [DEPARTMENT OF TRANSPORTATION.] The commissioner of transportation may not refuse to program or construct a trunk highway improvement project, or make any other decision concerning the location, design, or timing of a trunk highway improvement project, on the grounds that a statutory or home rule charter city or county in which the project is wholly or partly located (1) has enacted a zoning ordinance or determination not approved by the commissioner or metropolitan council, or failed to enact a zoning ordinance or determination requested by the commissioner or metropolitan council, or (2) has failed to impose housing density requirements requested by the commissioner or metropolitan council. This section does not apply to local zoning ordinances or determinations that relate to access to a trunk highway.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2259

Subd. 2. [METROPOLITAN COUNCIL.] Neither the metropolitan council nor the council's transportation advisory board may, in the allocation or the approval of any allocation of funds for highway projects, or in approving or disapproving a project under Minnesota Statutes, section 473.166, withhold or redirect funds or fail to approve a project on the grounds that a city or county in which the project is wholly or partly located (1) has enacted a zoning ordinance or determination not approved by the council or the commissioner of transportation, or failed to enact a zoning ordinance or determination requested by the council or the commissioner of transportation, or (2) has failed to impose housing density requirements requested by the council or the commissioner of transportation. This section does not apply to local zoning ordinances or determinations that relate to access to a trunk highway.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 40. [HIAWATHA AVENUE LIGHT RAIL TRANSIT COST CALCULATION.]

The commissioner of administration shall prepare and submit to the legislature by January 1, 2002, a complete accounting of all federal, state, and local costs relating to the Hiawatha Avenue light rail transit line. The cost accounting must include:

(1) planning, environmental studies, and preliminary and final design and engineering for the project;

(2) construction and other capital costs of the light rail transit line when completed;

(3) improvements and repairs to and reconstruction of state and local streets and highways incurred and anticipated as a result of the project;

(4) all costs of utility relocation resulting from the project;

(5) all costs incurred by the department of transportation with respect to public information and communications about the project;

(6) construction, acquisition, or lease of park-and-ride facilities that would serve project riders, including costs of relocating other public facilities to make room for those park-and-ride facilities;

(7) projected costs of connecting the Hiawatha Avenue light rail transit line with commuter rail facilities;

(8) any costs necessitated by the project and included in the project budget for the reconstruction of marked trunk highway No. 55, to the extent not included under clause (3); and

(9) all public costs relating to the acquisition of real property for the line and for the purchase and development of real property adjacent to the project right-of-way.

Sec. 41. [TRUNK HIGHWAY 62 CONSTRUCTION PROJECT.]

Subdivision 1. [RESTRICTION.] The commissioner of transportation may not construct or reconstruct marked trunk highway No. 62 between marked trunk highway No. 100 and Portland Avenue South in Minneapolis and Richfield until June 1, 2002. This subdivision does not apply to any construction or reconstruction begun pursuant to a contract entered into by the commissioner before the effective date of this section.

Subd. 2. [REPORT.] The commissioner of transportation shall report to the governor and legislature not later than January 15, 2002, on issues surrounding the trunk highway project described in subdivision 1. The report must, at a minimum:

(1) specify the present and predicted levels of traffic on all segments of marked trunk highway No. 62, and on trunk highway corridors that would be significantly affected by any long-term closing of lanes on marked trunk highway No. 62;

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2260

(2) describe the adequacy of marked trunk highway No. 62, under current conditions and after a full construction or reconstruction project, to carry present and predicted traffic levels, including describing the extent to which traffic problems in the corridor will be addressed by the project;

(3) show projected growth in the trunk highway corridor in population and economic development;

(4) show the extent to which the project will be coordinated with other construction or reconstruction projects on trunk highways that will be affected by the marked trunk highway No. 62 project;

(5) discuss alternative feasible designs for the project, including stacking of freeway lanes and tunneling; and

(6) describe the availability of funding for the proposed project and feasible alternatives.

[EFFECTIVE DATE.] This section is effective the day following final enactment.

Sec. 42. [CONSTITUTIONAL AMENDMENT PROPOSED.]

An amendment is proposed to the Minnesota Constitution, article XIV. If the amendment is adopted, article XIV will be amended by adding a section to read:

Sec. 12. Not less than 60 percent of the net proceeds from any tax on the sale of new and used motor vehicles must be deposited in the highway user tax distribution fund.

Sec. 43. [SUBMISSION TO VOTERS.]

The constitutional amendment proposed in section 42 must be submitted to the people at the 2002 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended to require that not less than 60 percent of revenue from the motor vehicle sales tax be deposited in the highway user tax distribution fund to be used exclusively for highway purposes?

Yes .......

No ........"

Sec. 44. [CONSTITUTIONAL AMENDMENT PROPOSED.]

An amendment to the Minnesota Constitution, article XI, section 5, is proposed to the people. If the amendment is adopted, the section will read:

Sec. 45. Public debt may be contracted and works of internal improvements carried on for the following purposes:

(a) to acquire and to better public land and buildings, trunk highways, and other public improvements of a capital nature and to provide money to be appropriated or loaned to any agency or political subdivision of the state for such purposes if the law authorizing the debt is adopted by the vote of at least three-fifths of the members of each house of the legislature;

(b) to repel invasion or suppress insurrection;

(d) to refund outstanding bonds of the state or any of its agencies whether or not the full faith and credit of the state has been pledged for the payment of the bonds;

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2261

(e) to establish and maintain highways subject to the limitations of clause (a) and article XIV;

(f) to promote forestation and prevent and abate forest fires, including the compulsory clearing and improving of wild lands whether public or private;

(g) to construct, improve and operate airports and other air navigation facilities;

(h) to develop the state's agricultural resources by extending credit on real estate security in the manner and on the terms and conditions prescribed by law;

(i) to improve and rehabilitate railroad rights-of-way and other rail facilities whether public or private, provided that bonds issued and unpaid shall not at any time exceed $200,000,000 par value; and

(j) as otherwise authorized in this constitution.

As authorized by law political subdivisions may engage in the works permitted by (f), (g), and (i) and contract debt therefor.

Sec. 46. [SUBMISSION TO VOTERS.]

The proposed amendment in section 44 must be submitted to the people at the 2002 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended to allow general obligation bonds payable solely from the state general fund to be sold for the construction and improvement of trunk highways?

Yes .......

No ........""

Amend the title accordingly

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

The report was adopted.

MOTIONS AND RESOLUTIONS

Pawlenty moved that the name of Clark, K., be added as an author on H. F. No. 149. The motion prevailed.

Ozment moved that his name be stricken and the name of Haas be shown as chief author on H. F. No. 634. The motion prevailed.

Haas moved that the name of Davids be added as an author on H. F. No. 634. The motion prevailed.

Goodno moved that the name of Otremba be added as an author on H. F. No. 703. The motion prevailed.

Clark, J., moved that the name of Bernardy be added as an author on H. F. No. 1330. The motion prevailed.

Davids moved that the names of Rifenberg and Dorman be added as authors on H. F. No. 1989. The motion prevailed.

Journal of the House - 39th Day - Tuesday, April 24, 2001 - Top of Page 2262

Bishop moved that the name of Nornes be added as an author on H. F. No. 2474. The motion prevailed.

Pawlenty moved that H. F. No. 402 be recalled from the Committee on Jobs and Economic Development Finance and be re-referred to the Committee on Ways and Means. The motion prevailed.

Haas moved that H. F. No. 1338, now on the Calendar for the Day, be re-referred to the Committee on Ways and Means. The motion prevailed.

Goodno moved that S. F. No. 321 be recalled from the Committee on Health and Human Services Finance and be re-referred to the Committee on Ways and Means. The motion prevailed.

Clark, K., moved that S. F. No. 1834 be recalled from the Committee on Jobs and Economic Development Finance and be re-referred to the Committee on Health and Human Services Finance. The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 486:

Seifert, Kubly and Rhodes.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 704:

Fuller, Walz and Hilstrom.

ADJOURNMENT

Pawlenty moved that when the House adjourns today it adjourn until 3:00 p.m., Wednesday, April 25, 2001. 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, April 25, 2001.

Edward A. Burdick, Chief Clerk, House of Representatives

Abeler	Dorn	Holberg	Leppik	Osthoff	Solberg
Abrams	Eastlund	Holsten	Lieder	Otremba	Stanek
Anderson, B.	Entenza	Howes	Lindner	Ozment	Stang
Anderson, I.	Erhardt	Huntley	Lipman	Paulsen	Swapinski
Bakk	Erickson	Jacobson	Luther	Pawlenty	Swenson
Bernardy	Evans	Jaros	Mahoney	Paymar	Sykora
Biernat	Finseth	Jennings	Mares	Pelowski	Thompson
Bishop	Folliard	Johnson, J.	Mariani	Penas	Tingelstad
Boudreau	Fuller	Johnson, R.	Marko	Peterson	Tuma
Bradley	Gerlach	Johnson, S.	Marquart	Pugh	Vandeveer
Buesgens	Gleason	Juhnke	McElroy	Rhodes	Wagenius
Carlson	Goodno	Kahn	McGuire	Rifenberg	Walker
Cassell	Goodwin	Kalis	Milbert	Rukavina	Walz
Clark, J.	Gray	Kelliher	Molnau	Ruth	Wasiluk
Clark, K.	Greiling	Kielkucki	Mulder	Schumacher	Wenzel
Daggett	Gunther	Knoblach	Mullery	Seagren	Westerberg
Davnie	Haas	Koskinen	Murphy	Seifert	Westrom
Dawkins	Hackbarth	Krinkie	Ness	Sertich	Wilkin
Dehler	Harder	Kubly	Nornes	Skoe	Winter
Dempsey	Hausman	Kuisle	Olson	Skoglund	Wolf
Dibble	Hilstrom	Larson	Opatz	Slawik	Workman
Dorman	Hilty	Leighton	Osskopp	Smith	Spk. Sviggum