JOURNAL OF THE HOUSE - 14th Day - Top of Page 149

STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

FOURTEENTH DAY

Saint Paul, Minnesota, Thursday, February 9, 1995

Index to today's Journal

The House of Representatives convened at 2:30 p.m. and was called to order by Phyllis Kahn, Speaker pro tempore.

Prayer was offered by the Reverend Kathi Austin Mahle, Lead Pastor, Hamline United Methodist Church, St. Paul, Minnesota.

The roll was called and the following members were present:

Abrams       Finseth      Knight       Ness         Simoneau
Anderson, B. Frerichs     Knoblach     Olson, E.    Skoglund
Anderson, R. Garcia       Koppendrayer Olson, M.    Smith
Bakk         Girard       Kraus        Onnen        Solberg
Bertram      Goodno       Krinkie      Opatz        Sviggum
Bettermann   Greenfield   Larsen       Orenstein    Swenson, D.
Bishop       Greiling     Leighton     Orfield      Swenson, H.
Boudreau     Haas         Leppik       Osskopp      Sykora
Bradley      Hackbarth    Lieder       Osthoff      Tomassoni
Broecker     Harder       Limmer       Ostrom       Tompkins
Brown        Hasskamp     Lindner      Otremba      Trimble
Carlson      Hausman      Long         Ozment       Tuma
Carruthers   Holsten      Lourey       Paulsen      Tunheim
Clark        Hugoson      Luther       Pellow       Van Dellen
Commers      Huntley      Lynch        Pelowski     Van Engen
Cooper       Jacobs       Macklin      Perlt        Vickerman
Daggett      Jaros        Mahon        Peterson     Wagenius
Dauner       Jefferson    Mares        Pugh         Weaver
Davids       Jennings     Mariani      Rest         Wejcman
Dawkins      Johnson, A.  Marko        Rhodes       Wenzel
Dehler       Johnson, R.  McCollum     Rice         Winter
Delmont      Kahn         McGuire      Rostberg     Wolf
Dempsey      Kalis        Milbert      Rukavina     Worke
Dorn         Kelley       Molnau       Sarna        Workman 
Entenza      Kelso        Mulder       Schumacher   
Erhardt      Kinkel       Munger       Seagren      
A quorum was present.

Anderson, I.; Johnson, V.; McElroy; Murphy and Pawlenty were excused.

Farrell was excused until 3:10 p.m.

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

REPORTS OF STANDING COMMITTEES

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 32, A bill for an act relating to marriage; authorizing retired court administrators to solemnize marriages; amending Minnesota Statutes 1994, section 517.04.

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

The report was adopted.


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Jacobs from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 49, A bill for an act relating to intoxicating liquor; authorizing the Stearns county board to issue an intoxicating liquor license.

Reported the same back with the following amendments:

Page 1, line 7, delete "any state or" and insert "Minnesota Statutes, section 340A.412, subdivision 4, paragraph (a), clause (9), or any"

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 136, A bill for an act relating to landlord tenant; forcible entry and unlawful detainer; providing a partial refund of the filing fee in matters resolved after one court appearance; amending Minnesota Statutes 1994, section 566.07.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 566.09, is amended by adding a subdivision to read:

Subd. 1a. [FILING FEE REFUNDED.] If all matters in an unlawful detainer action are resolved in one court appearance, whether by settlement, default, or otherwise, the court administrator shall refund to a party one-half of all filing fees paid by the party. If a party is liable to another party for payment of filing fees, the party shall be liable only for that portion of the filing fees not refunded by the court.

Sec. 2. [EFFECTIVE DATE; APPLICATION.]

Section 1 is effective August 1, 1995, and applies to court appearances on and after that date."

Amend the title as follows:

Page 1, delete line 6 and insert "566.09, by adding a subdivision."

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

The report was adopted.

Jacobs from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 137, A bill for an act relating to utilities; abolishing sunset provision related to competitive rates for electric utilities; making technical changes; amending Laws 1990, chapter 370, section 7; repealing Minnesota Statutes 1994, section 216B.162, subdivision 9.

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

The report was adopted.


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Jacobs from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 150, A bill for an act relating to liquor; term of temporary on-sale licenses; amending Minnesota Statutes 1994, section 340A.404, subdivision 10.

Reported the same back with the following amendments:

Page 2, after line 6, insert:

"Sec. 2. Minnesota Statutes 1994, section 340A.410, subdivision 10, is amended to read:

Subd. 10. [TEMPORARY LICENSES; RESTRICTION ON NUMBER.] A municipality may not issue more than three temporary licenses under section 340A.404, subdivision 10, for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12-month period. This restriction applies to temporary licenses issued under sections 340A.403, subdivision 2, and 340A.404, subdivision 10.

Sec. 3. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Amend the title as follows:

Page 1, line 3, delete "section" and insert "sections"

Page 1, line 4, before the period insert "; and 340A.410, subdivision 10"

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 156, A bill for an act relating to agriculture; appropriating money for wheat and barley scab research.

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

The report was adopted.

Jacobs from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 164, A bill for an act relating to utilities; abolishing sunset provision related to area development rate plans; amending Minnesota Statutes 1994, section 216B.161; and Laws 1990, chapter 370, section 7; repealing Minnesota Statutes 1994, section 216B.161, subdivision 4.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 216B.161, is amended to read:

216B.161 [AREA DEVELOPMENT RATE PLAN.]

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


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(b) "Area development rate" means a rate schedule established by a utility that provides customers within an area development zone service under a base utility rate schedule, except that monthly demand charges may be reduced from the base rate as agreed upon by the utility and the customer consistent with this section.

(c) "Area development zone" means a contiguous or noncontiguous area designated by an authority or municipality for development or redevelopment and within which one of the following conditions exists:

(1) obsolete buildings not suitable for improvement or conversion or other identified hazards to the health, safety, and general well-being of the community;

(2) buildings in need of substantial rehabilitation or in substandard condition; or

(3) low values and damaged investments.

(d) "Authority" means a rural development financing authority established under sections 469.142 to 469.150; a housing and redevelopment authority established under sections 469.001 to 469.047; a port authority established under sections 469.048 to 469.068; an economic development authority established under sections 469.090 to 469.108; a redevelopment agency as defined in sections 469.152 to 469.165; the iron range resources and rehabilitation board established under section 298.22; a municipality that is administering a development district created under sections 469.124 to 469.134 or any special law; a municipality that undertakes a project under sections 469.152 to 469.165, except a town located outside the metropolitan area as defined in section 473.121, subdivision 2, or with a population of 5,000 persons or less; or a municipality that exercises the powers of a port authority under any general or special law.

(e) "Municipality" means a city, however organized, and, with respect to a project undertaken under sections 469.152 to 469.165, "municipality" has the meaning given in sections 469.152 to 469.165, and, with respect to a project undertaken under sections 469.142 to 469.151 or a county or multicounty project undertaken under sections 469.004 to 469.008, also includes any county.

Subd. 2. [PILOT AREA DEVELOPMENT RATE PLAN PROGRAM.] The commission shall order at least one public utility to establish a pilot program that offers an may allow gas or electric public utilities to offer area development rate rates. The program must be designed to assist industrial revitalization projects located within the service area of the participating utility.

Subd. 3. [TERMS AND CONDITIONS OF THE RATE.] An area development rate offered under this section must:

(1) be offered for a period of more than two years but no more than five years specified length of time to be determined by the commission;

(2) be offered as a supplement to other development incentives offered by the authority or municipality in which the rate is available;

(3) be available only to new or expanding manufacturing or wholesale trade customers;

(4) be designed to recover at least the incremental cost of providing service to the participating customers;

(5) be offered in a fixed number of area development zones; and

(6) include a provision that the utility provide participating customers with an energy audit and inform those customers of all existing energy conservation programs available from the utility.

Recovery of costs under clause (4) may be made only from the class of customers to which the rate is offered and not must not be from residential customers. A utility within a general rate case, may seek recovery of the difference in revenue collected under the area development plan rate and what would have been collected under the standard tariff.

Subd. 4. [EVALUATION.] The commission shall evaluate the impact and effectiveness of the area development plan or plans established under this section. The evaluation must include analysis of information submitted by the utility regarding the plan. Within 60 days after the expiration of a plan, the commission shall determine whether the area development rates should be continued, modified, or eliminated. The commission shall submit its findings to the legislature by January 1, 1995.


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Sec. 2. Laws 1990, chapter 370, section 7, is amended to read:

Sec. 7. [REPEALER.]

Sections 2 and 3 are Section 3 is repealed July 1, 1995.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment."

Amend the title as follows:

Page 1, line 3, after the semicolon insert "allowing electric public utilities to offer area development rates under certain conditions;"

Page 1, line 5, delete "; repealing Minnesota"

Page 1, line 6, delete everything before the period

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

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 215, A bill for an act relating to state government; rulemaking; authorizing the governor to veto certain rules and terminate rule proceedings; proposing coding for new law in Minnesota Statutes, chapter 4.

Reported the same back with the following amendments:

Page 1, line 19, before "rule" insert "previously adopted"

Page 1, line 21, after the period insert "The notice must include the reasons for the veto."

Page 2, line 2, delete the comma and insert ": (1)"

Page 2, line 4, before the period insert "; and (2) the same governor may not veto the same rule or the same portion of the rule again"

With the recommendation that when so amended the bill pass.

The report was adopted.

Simoneau from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 217, A bill for an act relating to insurance; life; regulating living benefits settlements; adopting the NAIC viatical settlements model act; prescribing powers and duties; proposing coding for new law in Minnesota Statutes, chapter 60A.

Reported the same back with the following amendments:

Page 1, after line 7, insert:

"Section 1. Minnesota Statutes 1994, section 13.71, is amended by adding a subdivision to read:

Subd. 18. [VIATICAL SETTLEMENTS DATA.] Viatical settlements data provided to the commissioner of commerce is classified under section 60A.968, subdivision 2."


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Page 1, line 10, delete "60A.972" and insert "60A.973"

Page 1, line 13, delete "limited liability"

Page 1, line 14, delete "partnerships,"

Page 1, line 17, delete "limited"

Page 1, line 18, delete "liability partnership,"

Page 2, line 16, delete "limited"

Page 2, line 17, delete "liability partnership,"

Page 2, line 23, after the first "value" insert a comma

Page 2, line 31, delete "which" and insert "that"

Page 3, line 2, after "owner" insert "or certificate holder"

Page 3, line 4, delete "or the"

Page 3, line 5, delete "certificate holder"

Page 3, line 14, delete "limited liability partnership,"

Page 3, line 26, delete "stockholders" and insert "shareholders, members"

Page 3, line 28, delete "limited liability"

Page 3, line 29, delete "partnership,"

Page 3, line 30, delete "stockholder" and insert "shareholder, member"

Page 3, line 32, delete "60A.972" and insert "60A.973"

Page 3, line 34, delete "limited liability partnership,"

Page 3, line 36, after the comma insert "partners,"

Page 4, line 9, delete "by" and insert "in"

Page 4, line 13, after the first "corporation" insert a comma

Page 4, line 20, delete "60A.972" and insert "60A.973"

Page 4, line 25, delete "$....... per year" and insert "$60 for a two-year period for an individual and $120 for a two-year period for a partnership, limited liability company, or corporation"

Page 4, line 29, delete the third "and" and insert a comma

Page 4, line 30, after "fund" insert ", and appropriated to the commissioner"

Page 5, lines 13 and 16, delete "60A.972" and insert "60A.973"

Page 5, line 20, after "contract" insert "form"

Page 5, line 32, delete "by rule"

Page 6, line 9, delete "considered"


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Page 6, line 10, delete "may" and insert "must"

Page 7, line 28, delete "of the contract" and insert "that the viator signs an agreement to transfer an insurance policy"

Page 8, after line 5, insert:

"Sec. 12. [60A.971] [VIATICAL SETTLEMENT BROKERS.]

Subdivision 1. [LICENSE.] A viatical settlement broker may not solicit a viatical settlement contract without first obtaining a license from the commissioner of commerce.

Subd. 2. [FORM.] An applicant for a viatical settlement broker license shall submit an application to the commissioner on a form prescribed by the commissioner.

Subd. 3. [FEES.] The licensing fee for a viatical settlement broker is $60 for a two-year period for an individual and $120 for a two-year period for a partnership, limited liability company, or corporation. Failure to pay the renewal fee within the time required by the commissioner results in an automatic revocation of the license. The commissioner may adjust the fees as provided under section 16A.1285 to recover the costs of administration and enforcement. The fees must be limited to the cost of license administration and enforcement and must be deposited in the state treasury, credited to the general fund, and appropriated to the commissioner.

Subd. 4. [LICENSE LIMITATION.] The license is a limited license which allows solicitation only of viatical settlements.

Subd. 5. [ERRORS AND OMISSIONS POLICY.] A viatical settlement broker shall acquire and maintain an errors and omissions policy in an amount commensurate with the broker's exposure and satisfactory to the commissioner.

Subd. 6. [LICENSE REVOCATION.] The commissioner may suspend, revoke, or refuse to renew the license of a viatical settlement broker if the commissioner finds that:

(1) there was any misrepresentation in the application for a license;

(2) the broker has been found guilty of fraudulent or dishonest practices, has been found guilty of a felony or a misdemeanor of which criminal fraud is an element, or is otherwise shown to be untrustworthy or incompetent;

(3) the licensee has placed or attempted to place a viatical settlement with a viatical settlement provider not licensed in this state; or

(4) the licensee has violated any of the provisions of sections 60A.961 to 60A.973.

Subd. 7. [AGENT.] In the absence of a written agreement making the broker the viator's agent, viatical settlement brokers are presumed to be agents of viatical settlement providers.

Subd. 8. [COMPENSATION PROHIBITED.] A viatical settlement broker must not, without the written agreement of the viator obtained before performing any services in connection with a viatical settlement, seek or obtain any compensation from the viator."

Page 8, line 6, delete "[60A.971]" and insert "[60A.972]"

Page 8, lines 8 and 17, delete "60A.972" and insert "60A.973"

Page 8, line 16, delete "[60A.972]" and insert "[60A.973]"

Page 8, line 20, delete "12" and insert "14" and delete "August 1, 1995" and insert "January 1, 1996"

Renumber the sections in sequence


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Amend the title as follows:

Page 1, line 4, after the second semicolon insert "amending Minnesota Statutes 1994, section 13.71, by adding a subdivision;"

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

The report was adopted.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 226, A bill for an act relating to occupations and professions; requiring reporting of certain insurance settlements to board of medical practice; amending Minnesota Statutes 1994, sections 147.111, subdivision 5; and 147.161, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 3, after "of" insert "payment of all or part of"

Page 2, line 4, before the period insert "or award"

Page 2, lines 16 and 18, strike "physician" and delete the comma in both places

Page 2, line 24, strike "physician" and delete "or"

With the recommendation that when so amended the bill pass.

The report was adopted.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 228, A bill for an act relating to occupations and professions; board of medical practice; reinstating certain advisory councils.

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

The report was adopted.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 231, A bill for an act relating to occupations and professions; board of medical practice; changing licensing requirements for foreign applicants; changing certain disciplinary procedures; amending Minnesota Statutes 1994, sections 147.037, subdivision 1; 147.091, subdivisions 1, 2, and 6; 147.121, subdivision 2; 148.70; and 148.72, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 147.

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

The report was adopted.


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Johnson, R., from the Committee on Labor-Management Relations to which was referred:

H. F. No. 244, A bill for an act relating to employment; establishing the governor's workforce development council to replace the governor's job training council; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, section 268.9755.

Reported the same back with the following amendments:

Page 2, delete lines 35 and 36

Page 3, delete lines 1 and 2

Page 3, line 3, delete "(3)" and insert "(1)"

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

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

Page 3, line 6, delete "(6)" and insert "(4)"

Page 3, line 7, delete "(7)" and insert "(5)"

Page 3, after line 8, insert:

"The speaker and the minority leader of the house of representatives shall each appoint a representative to serve as an ex officio member of the council. The majority and minority leaders of the senate shall each appoint a senator to serve as an ex officio member of the council."

Page 4, line 8, delete "268.011" and insert "268.0111"

Page 4, line 35, delete "that" and insert "to"

Page 5, line 18, delete "governors" and insert "governor's"

With the recommendation that when so amended the bill pass.

The report was adopted.

Long from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 339, A bill for an act relating to local government; revising compensation limits for certain local government officials; amending Minnesota Statutes 1994, section 43A.17, subdivision 9.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [15.99] [CONSULTANT COMPENSATION LIMIT.]

Subdivision 1. [DEFINITIONS.] For purposes of this section:

(1) "compensation" is as defined in section 43A.17, subdivision 9;

(2) "political subdivision" includes a statutory or home rule charter city, county, town, school district, metropolitan or regional agency, or other political subdivision of the state; and


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(3) "consultant services" and "professional and technical services" have the meanings defined in section 16B.17, subdivision 1.

Subd. 2. [LIMITS.] The salary and the value of all other forms of compensation of any person providing services to a state agency or a political subdivision under a contract for consultant services or professional and technical services may not exceed 95 percent of the salary of the chief executive of the state agency or political subdivision issuing the contract. If the compensation to be received under a contract is expressed as an hourly, daily, or other rate, this compensation must be annualized to determine if it comes within the limit of this subdivision. The limit of this section applies only to that portion of a contractual payment that is for employee salary and other employee compensation.

Sec. 2. Minnesota Statutes 1994, section 43A.17, subdivision 9, is amended to read:

Subd. 9. [POLITICAL SUBDIVISION COMPENSATION LIMIT.] (a) The salary and the value of all other forms of compensation of a person employed by a statutory or home rule charter city, county, town, school district, metropolitan or regional agency, or other political subdivision of this state, or employed under section 422A.03, may not exceed 95 percent of the salary of the governor as set under section 15A.082, except as provided in this subdivision.

(b) The salary and the value of all other forms of compensation of a person elected as or employed as an attorney by a statutory or home rule charter city, county, metropolitan or regional agency, or other political subdivision of this state, may not exceed 95 percent of the salary of the attorney general as set under section 15A.082. The salary and the value of all other forms of compensation of an elected county sheriff may not exceed the salary of the commissioner of public safety. The salary and the value of all other forms of compensation of any other person serving as an elected official of or employed by a statutory or home rule charter city, county, metropolitan or regional agency, or other political subdivision of this state, or employed under section 422A.03, may not exceed the salary of the commissioner of finance, except as provided in this subdivision.

(c) No elected city or county official may receive an increase in salary during the term for which the person was elected.

(d) Deferred compensation and payroll allocations to purchase an individual annuity contract for an employee or elected local government official are included in determining the employee's or elected official's salary.

(e) Other forms of compensation which shall be included to determine an employee's total compensation are all other direct and indirect items of compensation which are not specifically excluded by this subdivision.

(f) Other forms of compensation which shall not be included in a determination of an employee's total compensation for the purposes of this subdivision are:

(1) employee benefits that are also provided for the majority of all other full-time employees of the political subdivision, vacation and sick leave allowances, health and dental insurance, disability insurance, term life insurance, and pension benefits or like benefits the cost of which is borne by the employee or which is not subject to tax as income under the Internal Revenue Code of 1986;

(2) dues paid to organizations that are of a civic, professional, educational, or governmental nature; and

(3) reimbursement for actual expenses incurred by the employee which the governing body determines to be directly related to the performance of job responsibilities, including any relocation expenses paid during the initial year of employment.

(g) The value of other forms of compensation shall be the annual cost to the political subdivision for the provision of the compensation.

(h) The salary of a medical doctor or doctor of osteopathy occupying a position that the governing body of the political subdivision has determined requires an M.D. or D.O. degree is excluded from the limitation in this subdivision. The governor shall appoint a three-person board to make decisions on proposed increases under this paragraph. The members of the board must be from the private sector and must have expertise in employee compensation matters. Membership terms and removal of the members of the board are as provided in section 15.0575. Members of the board do not receive compensation or expense reimbursement. The commissioner board may


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increase the limitation in this subdivision for a position that the commissioner board has determined requires special expertise necessitating a higher salary to attract or retain a qualified person. The commissioner board shall review each proposed increase giving due consideration to salary rates paid to other persons with similar responsibilities in the state and nation. The commissioner may not increase the limitation until the commissioner has presented the proposed increase to the legislative commission on employee relations and received the commission's recommendation on it. The recommendation is advisory only. If the commission does not give its recommendation on a proposed increase within 30 days from its receipt of the proposal, the commission is deemed to have recommended approval. The board must make a decision on a proposed increase within ten days after the proposed increase is submitted to the board.

Sec. 3. [465.7215] [NO SEVERANCE PAY FOR ELECTED OFFICIALS.]

An elected official of a statutory or home rule charter city, county, town, school district, or other political subdivision may not receive:

(1) severance pay; or

(2) any additional compensation as an incentive for leaving office before expiration of the person's term.

For purposes of this section, "severance pay" has the meaning defined in section 465.722, subdivision 2.

Sec. 4. [APPLICABILITY.]

A person who is earning compensation above the limit prescribed in section 2 must not have compensation reduced because of section 2. However, such a person may not receive an increase in compensation that is covered by section 2 until the person's compensation is below the limit prescribed in section 2. Any compensation increase granted after February 7, 1995, that is above the limit prescribed in section 2 is nullified on the effective date of section 2.

Sec. 5. [EFFECTIVE DATE.]

Section 2 is effective the day following final enactment, and applies retroactively to February 7, 1995. Sections 3 and 4 are effective the day after final enactment. Section 3 applies to officials who leave office after that date."

Delete the title and insert:

"A bill for an act relating to public employment; regulating compensation; providing limits; prohibiting severance pay for elected officials; providing appointments; amending Minnesota Statutes 1994, section 43A.17, subdivision 9; proposing coding for new law in Minnesota Statutes, chapters 15; and 465."

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 32, 49, 137, 150, 164, 215, 226, 228, 231 and 244 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Wejcman, Rhodes, Entenza, Bakk and Marko introduced:

H. F. No. 454, A bill for an act relating to corrections; authorizing room and board charges from inmate wages; eliminating mandatory savings; amending Minnesota Statutes 1994, section 243.23, subdivision 3.

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


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Wejcman, Rhodes, Entenza, Bakk and Marko introduced:

H. F. No. 455, A bill for an act relating to corrections; requiring deductions from inmate wages paid by private industry to be the same as for deductions from inmate wages paid by the department; amending Minnesota Statutes 1994, section 243.88, by adding a subdivision.

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

Hasskamp, Munger, Wenzel, Hausman and McGuire introduced:

H. F. No. 456, A bill for an act relating to appropriations; appropriating money for the operation and maintenance of the Cuyuna Country state recreation area.

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

Perlt, Bradley, Pugh, Sarna and Delmont introduced:

H. F. No. 457, A bill for an act relating to commerce; real estate; regulating certain licensees and registrants; amending Minnesota Statutes 1994, sections 82.18; 82.195, subdivision 1; 82.20, subdivision 13; 82A.11, subdivision 3; 83.28, subdivision 5; 386.65, subdivision 1; 386.66; 386.67; 386.68; and 386.69.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Wejcman and Anderson, R., introduced:

H. F. No. 458, A bill for an act relating to children's services; establishing the department of children and education services; making related changes; appropriating money; amending Minnesota Statutes 1994, sections 126B.02, subdivision 1, and by adding a subdivision; 126B.03, subdivision 1; 126B.04; and 126B.05; proposing coding for new law in Minnesota Statutes, chapter 126B; proposing coding for new law as Minnesota Statutes, chapter 119A; repealing Minnesota Statutes 1994, sections 121.02, subdivisions 1, 2a, and 3; 121.03; 121.04, subdivision 2; and 126B.02, subdivisions 2, 3, and 4.

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

Lourey introduced:

H. F. No. 459, A bill for an act relating to education; providing for a district's maximum debt service levy to remain at the rate used at the time of a district consolidation or combination; providing for the discharge of a capital loan to independent school district No. 588, Askov, if not repaid after 30 years; amending Minnesota Statutes 1994, section 124.431, subdivision 14.

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

Entenza; Hasskamp; Kinkel; Swenson, D., and Smith introduced:

H. F. No. 460, A bill for an act relating to commerce; relating to the administrative duties of the commissioner; regulating service of orders and other papers; modifying enforcement powers; regulating notaries public; amending Minnesota Statutes 1994, sections 45.027, subdivision 7, and by adding a subdivision; 214.101, by adding a subdivision; 359.01; 359.02; and 332.34; proposing coding for new law in Minnesota Statutes, chapters 45; and 359.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Wagenius, Murphy, Van Dellen, Abrams and Winter introduced:

H. F. No. 461, A bill for an act relating to taxation; property; providing for deferment of taxes of senior citizens who meet certain income requirements; appropriating money; amending Minnesota Statutes 1994, sections 275.065, subdivision 3; and 276.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 273.

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


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Trimble, Jefferson, McCollum and Larsen introduced:

H. F. No. 462, A bill for an act proposing an amendment to the Minnesota Constitution, article VII, section 1; allowing 16 and 17 year olds to vote in school district elections; amending Minnesota Statutes 1994, sections 201.014, subdivision 1; 201.071, subdivision 1; 201.13, subdivision 1; 201.14; and 201.15, subdivision 1.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Johnson, R.; Kahn; Smith; Jefferson and Bertram introduced:

H. F. No. 463, A bill for an act relating to retirement; state employees; contribution rates and annuity formulas for state troopers; amending Minnesota Statutes 1994, sections 352B.02, subdivisions 1a and 1c; 352B.08, subdivision 2; 352B.10, subdivision 1; and 356.30, subdivision 1.

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

Mahon, Marko, Lieder, McElroy and Otremba introduced:

H. F. No. 464, A bill for an act relating to motor vehicles; limiting license plate impoundment provisions to self-propelled motor vehicles; amending Minnesota Statutes 1994, sections 168.041, subdivisions 1, 2, and 3; and 168.042, subdivisions 2, 3, 5, 13, and 14.

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

Pugh introduced:

H. F. No. 465, A bill for an act relating to retirement; authorizing participation in a retirement incentive by a certain retired member of the public employees retirement association.

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

Pugh introduced:

H. F. No. 466, A bill for an act relating to health; creating an exception to the nursing home moratorium; establishing rates for total replacements; amending Minnesota Statutes 1994, sections 144A.071, subdivision 4a; and 256B.431, subdivision 17.

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

Wejcman, Trimble, Dawkins, Clark and Harder introduced:

H. F. No. 467, A bill for an act relating to housing; limiting the time for bringing an action based on a housing inspection; proposing coding for new law in Minnesota Statutes, chapter 541.

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

Anderson, I., introduced:

H. F. No. 468, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Koochiching county.

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


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Greiling introduced:

H. F. No. 469, A bill for an act relating to real property; uniform condominium act; providing for award of attorney fees; amending Minnesota Statutes 1994, section 515A.1-102.

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

Orfield introduced:

H. F. No. 470, A bill for an act relating to statutes of limitations; enacting the uniform conflict of laws-limitations act; proposing coding for new law in Minnesota Statutes, chapter 541.

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

Greenfield, Kalis, Mariani, Rostberg and Swenson, D., introduced:

H. F. No. 471, A bill for an act relating to traffic regulations; authorizing peace officers to stop drivers and issue citations for seat belt violations without first observing a moving violation; amending Minnesota Statutes 1994, section 169.686, subdivision 1.

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

Van Dellen introduced:

H. F. No. 472, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 4, article V, sections 2 and 4, and article XIII, by adding a section; placing limits on the terms of office of legislators and executive officers.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Trimble, Kahn, Rukavina, Skoglund and Bishop introduced:

H. F. No. 473, A bill for an act relating to human development; appropriating money for preliminary planning and programming for a human development center.

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

Commers and Pawlenty introduced:

H. F. No. 474, A bill for an act relating to state lands; authorizing the sale of certain tax-forfeited lands bordering public waters in Dakota county to the city of Eagan.

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

Rhodes, Erhardt and Kelley introduced:

H. F. No. 475, A bill for an act relating to elections; school elections; permitting a school district general election to be held annually; amending Minnesota Statutes 1994, section 205A.04, subdivision 1.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.


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Knoblach, Simoneau, Girard, Bertram and Dorn introduced:

H. F. No. 476, A bill for an act relating to financial institutions; banks and trust companies; eliminating the requirement that banks and trust companies publish their financial statements annually in a qualified newspaper; amending Minnesota Statutes 1994, section 48.48, subdivision 1.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

McCollum, Perlt, Greiling and Anderson, I., introduced:

H. F. No. 477, A bill for an act relating to highways; requiring the commissioner of transportation to construct a pedestrian-bicycle overpass on marked trunk highway No. 36 in North St. Paul.

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

Peterson, Bertram, Solberg and Tunheim introduced:

H. F. No. 478, A bill for an act relating to retirement; providing an annuity increment for certain teachers based upon the difference between certain teacher salaries and the average salaries paid in metropolitan area school districts; amending Minnesota Statutes 1994, sections 124.916, by adding a subdivision; 354.05, subdivision 35; 354.42, by adding a subdivision; and 354.44, subdivision 6, and by adding a subdivision.

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

Bakk, Pelowski, Davids and Swenson, D., introduced:

H. F. No. 479, A bill for an act relating to parks and recreation; additions to and deletions from state parks; establishing a new state park and deleting two state waysides; amending Minnesota Statutes 1994, section 84.054, by adding a subdivision; repealing Minnesota Statutes 1994, section 85.013, subdivisions 13 and 20.

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

Simoneau; Anderson, R., and Otremba introduced:

H. F. No. 480, A bill for an act relating to insurance; providing a remedy to an insured when an insurer refuses in bad faith to pay or to settle a claim; awarding attorney fees and costs to an insured who prevails in a first-party coverage action against an insurer; proposing coding for new law in Minnesota Statutes, chapter 72A.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Marko, Greenfield, Boudreau, Rhodes and Clark introduced:

H. F. No. 481, A bill for an act relating to health; establishing an osteoporosis prevention and treatment program; requiring an osteoporosis assessment; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Wenzel, Hasskamp, Osthoff and Kraus introduced:

H. F. No. 482, A bill for an act relating to motor vehicles; allowing option to register recreational trailers for three years; amending Minnesota Statutes 1994, section 168.013, subdivision 1g.

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


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Pellow, Simoneau, Sviggum and Jennings introduced:

H. F. No. 483, A bill for an act relating to counties; limiting salaries, other compensation and conditions of service of county commissioners; amending Minnesota Statutes 1994, section 375.055, subdivision 1.

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

Paulsen, Macklin, Pugh, McGuire and Skoglund introduced:

H. F. No. 484, A bill for an act relating to health; HIV exposure and testing of emergency medical service personnel; expanding the circumstances in which notification is provided to correctional guards; amending Minnesota Statutes 1994, section 144.761, subdivision 5.

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

Winter and Mulder introduced:

H. F. No. 485, A bill for an act relating to the environment; requiring the pollution control agency to permit the operation of certain waste combustors.

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

Peterson; Cooper; Johnson, V.; Brown and Wenzel introduced:

H. F. No. 486, A bill for an act relating to agriculture; expanding eligibility for the value-added agricultural product loan program; appropriating money; amending Minnesota Statutes 1994, section 41B.046, subdivision 1, and by adding a subdivision.

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

Pelowski, Dorn, Carlson, Goodno and Johnson, V., introduced:

H. F. No. 487, A bill for an act relating to higher education; bonding; exempting appropriations for Minnesota state college and university libraries from the one-third debt service requirement; amending Laws 1994, chapter 643, section 35, subdivisions 1 and 3.

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

Cooper, Jennings, Davids and Sarna introduced:

H. F. No. 488, A bill for an act relating to petroleum tank release cleanup fund; providing for payment for a site assessment prior to tank removal; amending Minnesota Statutes 1994, sections 115C.09, subdivision 2; and 115C.13; proposing coding for new law in Minnesota Statutes, chapter 115C.

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

Cooper; Anderson, R., and Lourey introduced:

H. F. No. 489, A bill for an act relating to human services; defining uncertified boarding care home; changing rate paid for uncertified boarding care homes; amending Minnesota Statutes 1994, sections 256I.03, by adding a subdivision; and 256I.05, subdivision 1c.

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


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Greenfield and Anderson, R., introduced:

H. F. No. 490, A bill for an act relating to health; modifying provisions relating to nursing home moratorium exceptions; amending Minnesota Statutes 1994, sections 144A.071, subdivisions 1 and 1a; and 144A.073, subdivisions 1, 2, 3, 4, 8, and by adding a subdivision.

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

Greenfield and Anderson, R., introduced:

H. F. No. 491, A bill for an act relating to human services; modifying provisions relating to ancillary services on long-term care facilities; amending Minnesota Statutes 1994, section 256B.433, subdivision 3.

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

Lourey and Anderson, R., introduced:

H. F. No. 492, A bill for an act relating to health; modifying provisions relating to payment for long-term care; amending Minnesota Statutes 1994, sections 144.6501, subdivision 6; and 256B.431, subdivision 2r, and by adding a subdivision.

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

Jefferson introduced:

H. F. No. 493, A bill for an act relating to retirement; modifying administrative provisions relating to the Minneapolis employees retirement fund; amending Minnesota Statutes 1994, section 422A.05, by adding a subdivision.

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

Bertram, Tunheim, Koppendrayer and Molnau introduced:

H. F. No. 494, A bill for an act relating to traffic regulations; extending the length limitations and easing the weight restrictions for trucks hauling milk; amending Minnesota Statutes 1994, sections 169.81, subdivision 2; and 169.87, subdivision 3.

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

Workman, Broecker, Molnau, Larsen and Swenson, H., introduced:

H. F. No. 495, A bill for an act relating to the organization and operation of state government; appropriating money to departments of transportation and public safety and other agencies, with certain conditions; providing for transfer of certain money in the state treasury; prescribing fees; amending Minnesota Statutes 1994, sections 3.732, subdivision 1; 171.20, subdivision 4; 176.192; and 299A.51, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 299F.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

Kraus and Kelso introduced:

H. F. No. 496, A bill for an act relating to education; providing for disclosure of past buyout arrangements by superintendents to be; amending Minnesota Statutes 1994, section 123.34, by adding a subdivision.

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


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Anderson, R.; Jennings and Hasskamp introduced:

H. F. No. 497, A bill for an act relating to human services; changing the monthly allowance deduction for children of institutionalized patients on medical assistance; amending Minnesota Statutes 1994, section 256B.0575.

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

Dauner and Perlt introduced:

H. F. No. 498, A bill for an act relating to alcoholic beverages; authorizing the Clay county board to issue one on-sale intoxicating liquor license.

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

Wejcman, Cooper, Onnen, Jennings and Anderson, I., introduced:

H. F. No. 499, A bill for an act relating to health; giving the commissioner of administration authority to negotiate contract prices for all prescription drugs sold in Minnesota; allowing correction orders to be issued; establishing a statewide drug formulary; requiring a pharmacy to post a sign on generic substitution; amending Minnesota Statutes 1994, sections 151.21, subdivisions 2, 3, and by adding a subdivision; and 256B.0625, subdivision 13; proposing coding for new law in Minnesota Statutes, chapters 16B; and 256.

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

Abrams introduced:

H. F. No. 500, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article IV, section 12.

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

Dawkins and Simoneau introduced:

H. F. No. 501, A bill for an act relating to insurance; the comprehensive health association; regulating the enrollment of and premiums charged to association enrollees who are also covered by Medicare on the basis of disability; amending Minnesota Statutes 1994, sections 62E.08, by adding a subdivision; and 62E.14, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Winter; Peterson; Cooper; Johnson, V., and Rostberg introduced:

H. F. No. 502, A bill for an act relating to towns; prohibiting the Minnesota pollution control agency from charging towns a fee for permits for certain town road, bridge, or culvert projects; amending Minnesota Statutes 1994, section 116.07, subdivision 4d.

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

Bishop, Munger and Kalis introduced:

H. F. No. 503, A bill for an act relating to water; providing for the classification of water supply systems and wastewater treatment facilities and certification of operators by the department of health and the pollution control agency; appropriating money; amending Minnesota Statutes 1994, sections 115.71, subdivisions 1, 4, 8, 10, and by adding subdivisions; 115.72; 115.73; 115.75; 115.76; 115.77; and 144.99, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 115; repealing Minnesota Statutes 1994, sections 115.71, subdivisions 2, 3, and 3a; 115.74; 115.78; 115.79; 115.80; and 115.82.

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


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McCollum, Lynch, Trimble, Kelley and Peterson introduced:

H. F. No. 504, A bill for an act relating to natural resources; authorizing grants to units of government and school districts for parks, recreation areas, and natural and scenic areas; authorizing rules for administration; proposing coding for new law in Minnesota Statutes, chapter 85; repealing Minnesota Statutes 1994, section 85.019.

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

Olson, E., introduced:

H. F. No. 505, A bill for an act relating to education; maximum effort school loan program; approving a capital loan for independent school district No. 36, Kelliher; appropriating money; authorizing the sale of bonds.

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

Clark, Simoneau and Rice introduced:

H. F. No. 506, A bill for an act relating to health; recodifying and modifying provisions relating to lead abatement law; appropriating money; amending Minnesota Statutes 1994, sections 16B.61, subdivision 3; 116.87, subdivision 2; 144.99, subdivision 1; 268.92, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, and by adding a subdivision; and 462A.05, subdivision 15c; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1994, sections 115C.082, subdivision 2; 144.871; 144.872; 144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 144.8782; and 144.879.

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

Koppendrayer, Seagren, Weaver, Sykora and Sviggum introduced:

H. F. No. 507, A bill for an act relating to education; prekindergarten through grade 12; providing for general education revenue; transportation; special programs; community programs; facilities; education organization and cooperation; commitment to excellence; other education programs; miscellaneous provisions; libraries; education agency services; appropriating money; amending Minnesota Statutes 1994, sections 120.064, subdivisions 3, 4, 8, and 15; 121.904, subdivisions 4a and 4c; 121.912, subdivisions 1 and 1b; 123.71, by adding a subdivision; 124.17, subdivisions 1, 1d, 2f, and by adding subdivisions; 124.195, subdivision 10; 124.214, subdivisions 2 and 3; 124.223, subdivision 7; 124.225, subdivisions 1, 3a, 7b, 7d, 7e, and 8a; 124.226, subdivisions 1, 3, 4, and 5; 124.243, subdivisions 2, 3, and by adding a subdivision; 124.244, subdivisions 1, 2, 4, and by adding a subdivision; 124.2445; 124.248, subdivision 4, and by adding subdivisions; 124.261, subdivision 1; 124.2713, subdivisions 3 and 6; 124.2725, subdivisions 1 and 15; 124.2726, subdivision 2; 124.2727, subdivision 6a; 124.2728, subdivision 1; 124.273, by adding subdivisions; 124.311, subdivision 5; 124.32, subdivision 10; 124.321, subdivisions 1 and 2; 124.322; 124.323, subdivision 1; 124.573, subdivision 3; 124.574, subdivision 9, and by adding subdivisions; 124.918, subdivisions 1 and 2; 124.95, subdivision 6; 124.961; 124A.02, subdivision 16, and by adding a subdivision; 124A.03, subdivisions 1g, 1h, and 2; 124A.22, subdivisions 1, 2, 3, 4, 4a, 4b, 8a, 9, and by adding a subdivision; 124A.23, subdivisions 1, 4, and 5; 124A.24; 125.05, subdivision 1a; 179A.04, subdivision 3; 179A.16, subdivision 7, and by adding a subdivision; 179A.17, subdivision 1; 275.065, subdivisions 1 and 3; 276.04, subdivision 2; 354.07, subdivision 1; and 354.42, subdivisions 2, 3, 5, and by adding a subdivision; Laws 1993, chapter 224, article 8, section 21, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 124; and 124A; repealing Minnesota Statutes 1994, sections 124.17, subdivision 1b; 124.226, subdivisions 2 and 9; 124.243, subdivisions 2a and 9; 124.26; 124.2713, subdivisions 1, 5, and 9; 124.2714; 124.2716; 124.2727, subdivision 6a; 124.273, subdivisions 1b and 2c; 124.276; 124.278; 124.311; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 3a; 124.573, subdivisions 1, 2, 2b, 2e, 2f, 3a, and 5a; 124.574, subdivisions 2b, 3, 4, and 4a; 124.91, subdivision 5; 124.912, subdivisions 7 and 8; 124.914, subdivisions 2, 3, and 4; 124.916, subdivision 2; 124.962; 124A.04, subdivision 1; 124A.22, subdivision 2a; 124A.225; 124A.27; 124A.28; 124A.29; 124A.291; and 124A.292.

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

Onnen introduced:

H. F. No. 508, A bill for an act relating to health and human services; assistance programs; program integrity; child support enforcement; mental health administration; home health care; group residential housing; health care administration; long-term care; children's services; social services programs; mental health services; long-term care facilities; appropriating money; amending Minnesota Statutes 1994, sections 16B.08, subdivision 5; 62A.045; 62A.046;


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62A.048; 62A.27; 62J.04, subdivision 1a; 62J.09, subdivision 1a; 62J.152, subdivision 5; 62J.48; 62J.65; 62Q.01, subdivisions 3 and 4; 62Q.41; 144.0721, by adding a subdivision; 144.122; 144.226, subdivision 1; 157.03; 171.07, by adding a subdivision; 245.4871, by adding a subdivision; 245.4875, by adding a subdivision; 245.4882, subdivision 5; 245.4886, by adding subdivisions; 245A.14, subdivision 7; 246.18, subdivision 4, and by adding a subdivision; 246.23, subdivision 2; 246.56, by adding a subdivision; 252.27, subdivision 1a; 252.275, subdivisions 3, 4, and 8; 252.292, subdivision 4; 252.46, subdivisions 1, 3, 6, and 17; 254B.02, subdivision 1; 254B.05, subdivisions 1 and 4; 256.014, subdivision 1; 256.015, subdivisions 2 and 7; 256.025, subdivisions 1 and 2; 256.026; 256.034, subdivision 1; 256.73, subdivisions 2 and 3a; 256.736, subdivisions 3 and 13; 256.74, subdivision 1, and by adding a subdivision; 256.9365; 256.969, subdivisions 1, 16, and 24; 256.978, subdivision 1; 256.98, subdivisions 1 and 8; 256.983, subdivision 4, and by adding a subdivision; 256B.042, subdivision 2; 256B.056, by adding a subdivision; 256B.059, subdivisions 1, 3, and 5; 256B.0595, subdivisions 1, 2, 3, and 4; 256B.06, subdivision 4; 256B.0625, subdivision 13, and by adding a subdivision; 256B.0627, subdivisions 1, 4, and 5; 256B.0628, subdivision 2, and by adding a subdivision; 256B.0641, subdivision 1; 256B.0911, subdivisions 2 and 4; 256B.0913, subdivisions 4, 5, 8, 12, 14, and by adding a subdivision; 256B.0915, subdivisions 3, 5, and by adding a subdivision; 256B.092, by adding a subdivision; 256B.093, subdivisions 1, 2, and 3; 256B.15, subdivisions 1a, 2, and by adding a subdivision; 256B.431, subdivisions 2j, 15, 22, 24, and by adding subdivisions; 256B.432, subdivisions 1, 2, 3, 5, and 6; 256B.501, subdivisions 1, 3, 3c, 3g, and by adding subdivisions; 256B.69, by adding a subdivision; 256D.03, subdivisions 3b and 4; 256D.05, subdivision 7; 256D.36, subdivision 1; 256D.385; 256D.405, subdivision 3; 256D.425, subdivision 1, and by adding a subdivision; 256D.435, subdivisions 1, 3, 4, 5, 6, and by adding a subdivision; 256D.44, subdivisions 1, 2, 3, 4, 5, and 6; 256D.45, subdivision 1; 256D.46, subdivisions 1 and 2; 256D.48, subdivision 1; 256F.09; 256H.01, subdivisions 9 and 12; 256H.02; 256H.03, subdivisions 1, 2a, 4, 6, and by adding a subdivision; 256H.05, subdivision 6; 256H.08; 256H.11, subdivision 1; 256H.12, subdivision 1, and by adding a subdivision; 256H.15, subdivision 1; 256H.18; 256H.20, subdivision 3a; 256I.03, subdivision 5, and by adding a subdivision; 256I.04; 256I.05, subdivisions 1, 1a, and 5; 256I.06, subdivisions 2 and 6; 257.55, subdivision 1; 257.57, subdivision 2; 257.62, subdivisions 1, 5, and 6; 257.64, subdivision 3; 257.69, subdivisions 1 and 2; 393.07, subdivision 10; 518.171, subdivisions 1, 2a, 3, 4, 5, 7, and 8; 518.575; 518.611, subdivisions 1, 2, 4, and 8a; 518.613, subdivisions 1, 2, and 7; 518.614, subdivision 1; 518.615, subdivision 3; 518C.310; 524.6-207; 548.15; 550.37, subdivision 14; and 609.375, subdivision 1; Laws 1993, First Special Session chapter 1, article 8, section 30, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 252; 256; 256B; and 518; repealing Minnesota Statutes 1994, sections 62C.141; 62C.143; 62D.106; 62E.04, subdivisions 9 and 10; 62J.152, subdivision 6; 62P.01; 62P.02; 62P.03; 62P.07; 62P.09; 62P.11; 62P.13; 62P.15; 62P.17; 62P.19; 62P.21; 62P.23; 62P.25; 62P.27; 62P.29; 62P.31; 62P.33; 252.275, subdivisions 4a and 10; 256.851; 256D.35, subdivisions 14 and 19; 256D.36, subdivision 1a; 256D.37; 256D.425, subdivision 3; 256D.435, subdivisions 2, 7, 8, 9, and 10; 256D.44, subdivision 7; 256H.03, subdivisions 2 and 5; and 518.561.

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

Clark, Wejcman, Garcia and Rice introduced:

H. F. No. 509, A bill for an act relating to housing; establishing an affordable home ownership funding program; appropriating money; amending Minnesota Statutes 1994, section 462A.21, subdivision 8, and by adding a subdivision; and proposing coding for new law in Minnesota Statutes, chapter 462A.

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

Clark, Garcia, Wejcman and Greenfield introduced:

H. F. No. 510, A bill for an act relating to health; including pesticide poisoning treatment as an emergency service for purposes of general assistance medical care eligibility; requiring reporting of pesticide poisoning; requiring pesticide poisoning education; appropriating money; amending Minnesota Statutes 1994, sections 144.34; and 256D.03, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Lourey, Rukavina, Ostrom, Kelso and Finseth introduced:

H. F. No. 511, A bill for an act relating to senior nutrition programs; requiring a report on the use of administrative funds; increasing funding for congregate dining and home-delivered meals; appropriating money.

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


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Koppendrayer, Wenzel, Kelso, Vickerman and Lourey introduced:

H. F. No. 512, A bill for an act relating to taxation; property tax; establishing a property tax aid for local governments for property exempted as a result of action taken by the United States Secretary of the Interior Bureau of Indian Affairs; appropriating money; amending Minnesota Statutes 1994, section 273.1392; proposing coding for new law in Minnesota Statutes, chapter 477A.

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

Cooper introduced:

H. F. No. 513, A bill for an act relating to health; creating an exception to the nursing home moratorium; amending Minnesota Statutes 1994, section 144A.071, subdivision 3.

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

Rest; Anderson, I.; Kahn; Weaver and Goodno introduced:

H. F. No. 514, A bill for an act relating to the municipal board; providing for the composition of the board; amending Minnesota Statutes 1994, section 414.01, subdivisions 2, 3a, 5, and 6a.

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

Rest; Anderson, I.; Kahn; Weaver and Goodno introduced:

H. F. No. 515, A bill for an act relating to local government; transferring authority for incorporations, detachments, and annexations to the office of strategic and long-range planning and the office of administrative hearings; appropriating money; amending Minnesota Statutes 1994, sections 14.03, subdivision 2; 414.01, subdivisions 1, 14, 15, 16, 17, and by adding a subdivision; 414.011, subdivisions 7 and 8; 414.012; 414.02; 414.031; 414.0325; 414.033; 414.035; 414.036; 414.041; 414.051; 414.06; 414.061; 414.063; 414.067; 414.07; and 414.09; repealing Minnesota Statutes 1994, sections 414.01, subdivisions 2, 3, 3a, 4, 5, 6a, 7a, 8, 10, 11, and 12; and 414.08.

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

Lourey and Cooper introduced:

H. F. No. 516, A bill for an act relating to health; requiring managed care plans to provide certain enrollees with expanded geographic access to primary care physician services; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

Rest, Kelso, Koppendrayer, Bishop and Anderson, R., introduced:

H. F. No. 517, A bill for an act relating to health; establishing MN ENABL, a program to postpone sexual involvement in an effort to reduce adolescent pregnancy; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Rest, Lourey, Wagenius, Long and Daggett introduced:

H. F. No. 518, A bill for an act relating to taxation; income; changing the dependent care credit; amending Minnesota Statutes 1994, section 290.067, subdivision 1.

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


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Greenfield introduced:

H. F. No. 519, A bill for an act relating to health; requiring efforts to seek certain waivers; defining subacute care; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Milbert, Daggett, Erhardt, Commers and Dawkins introduced:

H. F. No. 520, A resolution memorializing Congress to amend the Jenkins Act, Public Law Number 363, 81st Congress, to require any person who makes or offers to make certain sales or transfers of tobacco products in interstate commerce for profit to file information reports with the state tobacco tax administrator; and, as supported by the Federation of Tax Administrators, to increase the penalty from a misdemeanor to a gross misdemeanor.

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

Sviggum introduced:

H. F. No. 521, A bill for an act relating to the organization and operation of state government; appropriating money for the general legislative and administrative expenses of state government; providing for the transfer of certain money in the state treasury; transferring certain duties and functions; amending Minnesota Statutes 1994, sections 240.155, subdivision 1; 240.24, subdivision 3; 297A.25, subdivision 11; 352.91, subdivision 4; 353.65, subdivisions 2 and 3; 354.07, subdivision 1; 354.42, subdivisions 2, 3, 5, and by adding a subdivision; and 356.865, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 43A; repealing Minnesota Statutes 1994, section 353.65, subdivision 3a.

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

Swenson, D.; Lynch; Van Engen; Murphy and Farrell introduced:

H. F. No. 522, A bill for an act relating to public safety; providing for state reimbursement for bomb squads in certain cases; clarifying tort claim and workers' compensation provisions for member of bomb squad or hazardous materials response team; appropriating money; amending Minnesota Statutes 1994, sections 3.732, subdivision 1; 176.192; and 299A.51, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 299F.

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

Erhardt, Mares, Molnau, Hackbarth and Dehler introduced:

H. F. No. 523, A bill for an act relating to game and fish; removing restrictions on the importation of fish from Ontario; amending Minnesota Statutes 1994, section 97A.531, subdivision 6.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Larsen, Rhodes, Marko, Luther and Mares introduced:

H. F. No. 524, A bill for an act relating to public safety; changing name of McGruff program; amending Minnesota Statutes 1994, section 299A.28.

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

Jennings; Anderson, R.; Onnen; Cooper and Van Engen introduced:

H. F. No. 525, A bill for an act relating to human services; permitting certain providers to request a state agency hearing; modifying the conduct of state agency hearings; modifying certain requirements for prior authorization of services under medical assistance; creating an advisory task force on prior authorization for certain services; amending Minnesota Statutes 1994, sections 256.045, subdivisions 3, 4, and 5; and 256B.0625, subdivisions 8, 8a, 25, 31, and by adding a subdivision.

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


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Trimble; Anderson, I.; Munger; Bishop and Lynch introduced:

H. F. No. 526, A bill for an act relating to water pollution control; providing additional procedures for waste management and treatment in certain unincorporated areas; amending Minnesota Statutes 1994, section 115.49, subdivisions 1 and 2.

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

Mariani, Clark, Delmont and Jacobs introduced:

H. F. No. 527, A bill for an act relating to telecommunications; requiring for persons with communication impairments to be eligible to receive communication devices through the TACIP board, that they must be able to use the equipment; amending Minnesota Statutes 1994, section 237.53, subdivision 2.

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

Mariani, Lynch, Clark, Delmont and Jacobs introduced:

H. F. No. 528, A bill for an act relating to telecommunications; restricting eligibility for communication device for communication-impaired person in a residential care facility when the facility already provides or is required to provide comparable telephone service; amending Minnesota Statutes 1994, section 237.53, subdivision 2.

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

Pugh and Long introduced:

H. F. No. 529, A bill for an act relating to eminent domain proceedings; amending Minnesota Statutes 1994, sections 117.065; 117.115, subdivision 2; and 117.145.

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

Kahn and Dawkins introduced:

H. F. No. 530, A resolution memorializing the Congress of the United States to repeal baseball's antitrust exemption and to create a publicly appointed commission to govern baseball.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 45, A bill for an act relating to taxation; making technical corrections and clarifications; making administrative changes; amending Minnesota Statutes 1994, sections 270.0604, subdivision 4; 273.11, subdivision 16; 273.121; 290.067, subdivision 1; and 297B.01, subdivision 8; and Laws 1994, chapter 587, article 11, section 9, subdivision 5.

Patrick E. Flahaven, Secretary of the Senate


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Mr. Speaker:

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

S. F. Nos. 182, 44, 33 and 188.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 182, A bill for an act relating to towns; clarifying the procedure to fill a vacancy in the office of town supervisor; amending Minnesota Statutes 1994, section 367.03, subdivision 6.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

S. F. No. 44, A bill for an act relating to energy; extending the deadline for the initial report of the legislative electric energy task force; amending Minnesota Statutes 1994, section 216C.051, subdivision 5.

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

S. F. No. 33, A bill for an act relating to drivers' licenses; permitting certain licensees to wear headwear in driver's license and Minnesota identification card photographs; amending Minnesota Statutes 1994, section 171.071.

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

S. F. No. 188, A bill for an act relating to appropriations; permitting use of appropriation to relocate athletic fields and facilities at Brainerd Technical College; authorizing additional design and construction of space at certain community college campuses; requiring plans to provide for joint use of space with certain technical colleges and state universities; authorizing additional construction using nonstate resources; amending Laws 1992, chapter 558, section 2, subdivision 3; and Laws 1994, chapter 643, section 11, subdivisions 6, 8, 10, and 11.

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

GENERAL ORDERS

Pursuant to Rules of the House, the House resolved itself into the Committee of the Whole with Kahn in the Chair for consideration of bills pending on General Orders of the day. After some time spent therein the Committee arose.

REPORT OF THE COMMITTEE OF THE WHOLE

Speaker pro tempore Kahn resumed the Chair, whereupon the following recommendations of the Committee were reported to the House:

H. F. No. 35 was recommended to pass.

H. F. No. 153 was recommended for re-referral to the Committee on Taxes.

On the motion of Carruthers, the report of the Committee of the Whole was adopted.


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ROLL CALLS IN THE COMMITTEE OF THE WHOLE

Pursuant to rule 1.06, the following roll call was taken in the Committee of the Whole:

The question was taken on the motion to recommend passage of H. F. No. 35 and the roll was called. There were 93 yeas and 29 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Molnau       Skoglund
Anderson, B. Finseth      Koppendrayer Mulder       Sviggum
Anderson, R. Frerichs     Kraus        Munger       Swenson, D.
Bettermann   Garcia       Krinkie      Olson, M.    Swenson, H.
Boudreau     Girard       Larsen       Onnen        Sykora
Bradley      Goodno       Leppik       Opatz        Tompkins
Broecker     Greenfield   Lieder       Orenstein    Tuma
Carlson      Greiling     Limmer       Orfield      Tunheim
Carruthers   Haas         Lindner      Osskopp      Van Dellen
Clark        Harder       Long         Ostrom       Van Engen
Commers      Hausman      Lourey       Otremba      Vickerman
Cooper       Holsten      Lynch        Paulsen      Wagenius
Daggett      Hugoson      Macklin      Pellow       Weaver
Davids       Huntley      Mahon        Pelowski     Wenzel
Dawkins      Johnson, R.  Mares        Peterson     Wolf
Dehler       Kahn         Mariani      Rest         Worke
Dempsey      Kalis        Marko        Rhodes       Workman 
Dorn         Kelley       McCollum     Rostberg     
Entenza      Knight       McGuire      Seagren      
Those who voted in the negative were:

Bakk         Hackbarth    Leighton     Pugh         Smith
Bertram      Jaros        Luther       Rice         Solberg
Brown        Jennings     Milbert      Rukavina     Tomassoni
Dauner       Johnson, A.  Osthoff      Sarna        Trimble
Delmont      Kelso        Ozment       Schumacher   Winter 
Farrell      Kinkel       Perlt        Simoneau     
The motion prevailed.

MOTIONS AND RESOLUTIONS

Knight moved that the name of Mares be added as an author on H. F. No. 195. The motion prevailed.

Knight moved that the name of Paulsen be added as an author on H. F. No. 256. The motion prevailed.

Sviggum moved that the name of Tunheim be added as an author on H. F. No. 280. The motion prevailed.

Cooper moved that the name of Peterson be added as an author on H. F. No. 294. The motion prevailed.

Smith moved that the name of Van Engen be added as an author on H. F. No. 302. The motion prevailed.

Pugh moved that the name of Van Engen be added as an author on H. F. No. 322. The motion prevailed.

Peterson moved that the name of Jaros be added as an author on H. F. No. 414. The motion prevailed.

Van Engen moved that the name of Pugh be added as an author on H. F. No. 423. The motion prevailed.

Pugh moved that the name of Greenfield be added as an author on H. F. No. 466. The motion prevailed.

Wejcman moved that H. F. No. 330 be recalled from the Committee on Labor-Management Relations and be re-referred to the Committee on Judiciary. The motion prevailed.


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Pugh moved that H. F. No. 336 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary Finance. The motion prevailed.

Skoglund moved that H. F. No. 416 be recalled from the Committee on Transportation and Transit and be re-referred to the Committee on Judiciary. The motion prevailed.

Johnson, R., moved that H. F. No. 244, now on Technical General Orders, be re-referred to the Committee on Governmental Operations. The motion prevailed.

Kelley moved that H. F. No. 448 be recalled from the Committee on Judiciary and be re-referred to the Committee on Housing. The motion prevailed.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, February 13, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and Speaker pro tempore Kahn declared the House stands adjourned until 2:30 p.m., Monday, February 13, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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