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STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

TWENTY-EIGHTH DAY

Saint Paul, Minnesota, Wednesday, March 22, 1995

Index to today's Journal

The House of Representatives convened at 12:30 p.m. and was called to order by Irv Anderson, Speaker of the House.

Traditional Ojibwe Prayer and Pipe Ceremony was offered by Tom Stillday, Spiritual Elder; Greeting Spears, Indian Eagle staff carrier and Aloyisius Thunder, pipe carrier, from the Red Lake Band of Chippewa Indians, Ponemah, Minnesota.

The roll was called and the following members were present:

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

Kelso and Orfield were excused.

Rest was excused until 1:10 p.m. Simoneau was excused until 1:25 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Daggett 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 CHIEF CLERK

S. F. No. 229 and H. F. No. 129, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Bishop moved that the rules be so far suspended that S. F. No. 229 be substituted for H. F. No. 129 and that the House File be indefinitely postponed. The motion prevailed.


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PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 17, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

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

H. F. No. 37, relating to local government; allowing either the town of Glen or the town of Kimberly in Aitkin county to have an alternate annual meeting day.

H. F. No. 554, relating to securities; regulating enforcement actions against licensees; modifying the definition of investment metal.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

S.F. H.F. Session Laws Date ApprovedDate Filed

No. No. Chapter No. 1995 1995

37 10 11:00 a.m. March 17 March 17

554 11 10:57 a.m. March 17 March 17

Sincerely,

Joan Anderson Growe

Secretary of State


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REPORTS OF STANDING COMMITTEES

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 110, A bill for an act relating to criminal procedure; allowing probable cause arrests within school zones for certain offenses; proposing coding for new law in Minnesota Statutes, chapter 629.

Reported the same back with the following amendments:

Page 1, line 14, delete everything after the first comma

Page 1, line 15, delete everything before "within"

With the recommendation that when so amended the bill pass.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 291, A bill for an act relating to agriculture; exempting a program from recovery of statewide and agency indirect costs; amending Minnesota Statutes 1994, section 16A.127, subdivision 8.

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

The report was adopted.

Osthoff from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 318, A bill for an act relating to elections; fair campaign practices; requiring campaign material to contain specified identifying information about a candidate in certain cases; amending Minnesota Statutes 1994, section 211B.04.

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

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 398, A bill for an act relating to elevators; regulating persons who may do elevator work; appropriating money; amending Minnesota Statutes 1994, sections 183.355, subdivision 3; 183.357, subdivisions 1, 2, and 4; and 183.358; proposing coding for new law in Minnesota Statutes, chapter 183.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 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.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [LIVESTOCK PROCESSING MARKETS TASK FORCE.]

Subdivision 1. [PURPOSE.] Recent changes in the Minnesota agricultural livestock industry, particularly in swine production, have resulted in fewer producers who deliver to processors greatly increased numbers of animals. In


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many cases these producers are organized as authorized farm corporations, as provided by recent amendments to Minnesota's corporate farming law. There is growing concern as to whether smaller producers who choose not to join large production corporations will find markets for their livestock eliminated or greatly diminished. With reduced markets and lessened competition, the smaller producers are left at a critical economic disadvantage. The study, legislative report, and legislative recommendations authorized by this section will identify ways to assure that competitive markets remain for small and medium-sized producers.

Subd. 2. [CREATION; MEMBERSHIP.] (a) There is hereby created a livestock processing markets task force with ten members appointed as follows:

(1) the chairs of the agriculture policy committees of the Minnesota senate and house of representatives, or their designees;

(2) two members of the Minnesota house of representatives appointed by the speaker of the house;

(3) one member of the Minnesota house of representatives appointed by the minority leader of the house;

(4) two members of the Minnesota senate appointed by the senate committee on rules and administration;

(5) one member of the Minnesota senate appointed by the minority leader of the senate;

(6) one member with education and experience in the area of agricultural economics appointed by the governor of Minnesota; and

(7) one member who is the operator of a production agriculture farm in Minnesota appointed by the governor.

(b) Each of the appointing authorities must make their respective appointments not later than June 15, 1995.

(c) Citizen members of the task force may be reimbursed for expenses as provided in Minnesota Statutes, section 15.059, subdivision 6.

(d) The first meeting of the task force must be called and convened by the chairs of the agriculture policy committees of the senate and the house of representatives. Task force members must then elect a permanent chair from among the task force members.

Subd. 3. [CHARGE.] The task force must examine current and projected impacts of consolidation within the livestock production industry and its effect on the availability of competitive markets for small and medium-sized producers who choose not to become part of corporate enterprises.

Subd. 4. [RESOURCES; STAFF SUPPORT; CONTRACT SERVICES.] The commissioner of agriculture shall provide necessary resources and staff support for the meetings, hearings, activities, and report of the task force. To the extent the task force determines it appropriate to contract with nonstate providers for research or analytical services, the commissioner shall serve as the fiscal agent for the task force.

Subd. 5. [PUBLIC HEARINGS.] The task force shall hold at least four public hearings on the issue of access to markets by small and medium-sized producers of livestock. At least three of the hearings must be held in greater Minnesota.

Subd. 6. [REPORT.] Not later than March 15, 1996, the task force shall report to the legislature on the findings of its study. The report must include recommendations for improvements in Minnesota Statutes that are in the best interests of both large and small livestock producers in the state.

Subd. 7. [EXPIRATION.] The livestock processing markets task force expires 45 days after its report and recommendations are delivered to the legislature or on June 1, 1996, whichever date is earlier.

Sec. 2. [APPROPRIATION; LIVESTOCK PROCESSING MARKETS TASK FORCE.]

$30,000 is appropriated from the general fund to the commissioner of agriculture to provide staff and research support for the livestock processing markets task force.


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Sec. 3. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to agriculture; creating a livestock processing markets task force; appropriating money."

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

The report was adopted.

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

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.

Reported the same back with the following amendments:

Page 1, line 13, delete "eventually"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

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.

Reported the same back with the following amendments:

Page 1, line 22, reinstate the stricken "and"

Page 1, line 25, delete "and" and insert "or"

Page 1, line 26, delete "(6)"

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. 533, A bill for an act relating to the Paynesville area hospital district; authorizing the district to annex Eden Lake township to the district.

Reported the same back with the following amendments:

Page 1, line 9, delete "1991" and insert "1992"


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Page 1, line 10, after "may" insert ", upon the request of the city of Eden Valley," and delete the second "town" and insert "city"

Page 1, line 11, delete "Lake" and insert "Valley"

Amend the title as follows:

Page 1, line 3, delete "Eden Lake township" and insert "the city of Eden Valley"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 610, A bill for an act relating to education; authorizing special projects and programs to combat truancy; denying driving privileges for certain truant students; imposing parental liability for truant behavior and for failure to exercise reasonable control; requiring the attorney general to report on the effectiveness of school safety programs; increasing suspension time limit for pupils; requiring school districts to adopt gun-free policies; providing a fee exception for school uniforms; requiring criminal history background checks for teachers; clarifying authority to deny teacher licenses; modifying reporting requirements; modifying offender rehabilitation exceptions; providing for school security; clarifying access to data; limiting school liability for certain security measures; establishing grants for school safety programs; imposing penalties; appropriating money; amending Minnesota Statutes 1994, sections 120.101, subdivision 1; 120.14; 120.73, by adding a subdivision; 125.05, by adding a subdivision; 125.09, subdivision 1; 127.20; 127.27, subdivision 10; 171.04, subdivision 1; 260.131, by adding a subdivision; 260.132, subdivisions 1 and 4; 260.161, subdivision 3; 260.191, subdivision 1; 260.315; 299A.33, subdivision 3; 364.09; 466.03, by adding a subdivision; and 609.605, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 8; 123; and 127; proposing coding for new law as Minnesota Statutes, chapter 260A; repealing Minnesota Statutes 1994, section 126.25; and Laws 1994, chapter 576, section 1.

Reported the same back with the following amendments:

Page 17, after line 2, insert:

"Sec. 2. [120.1045] [BACKGROUND CHECK.]

Subdivision 1. [BACKGROUND CHECK REQUIREMENTS.] Before hiring an individual who is applying for a position in a school, the hiring authority of a school shall conduct on the applicant a criminal records check of the state criminal records repository. The hiring authority shall also determine whether the applicant has been the subject of a substantiated report of child maltreatment under section 626.556 as provided for under subdivision 2. If the applicant has resided in Minnesota for less than ten years, the check must also include a criminal records check of information from state law enforcement agencies in the states where the person resided during the ten years before moving to Minnesota, and of the national criminal records repository including the criminal justice data communications network. The applicant's failure to cooperate with the hiring authority in conducting the records check is reasonable cause to deny the application. The hiring authority may not release the results of the record check to any person except the applicant.

Subd. 2. [CHILD MALTREATMENT REPORTS.] In order to determine if an applicant has been the subject of a substantiated report of child maltreatment under section 626.556, the hiring authority shall contact the commissioner of human services and the local welfare agency in any county in which the applicant has resided or been employed in the previous ten years and any other county of which the hiring authority is aware in which the applicant has resided or been employed. The hiring authority shall request that the commissioner and each county agency contacted search their records and forward any records in which the applicant is the subject of a substantiated report of child maltreatment. Notwithstanding section 626.556, subdivision 11, a county or the commissioner shall provide a hiring authority, upon request, with any reports of substantiated child maltreatment under section 626.556 by the applicant. The commissioner of human services and the county agency shall respond to the commissioner's inquiry within seven days after receiving the request. The hiring authority shall not consider a background check to be complete until responses from the commissioner of human services and each county agency contacted have been received.


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Subd. 3. [EXEMPTION.] The requirements of this section do not apply to hiring authorities of home schools."

Page 17, line 3, delete "2" and insert "3"

Page 17, delete lines 10 to 20

Page 27, after line 18, insert:

"Section 2 is effective August 1, 1995, and applies to hiring authorities who hire employees covered by section 2 on or after that date."

Correct internal references

Amend the title as follows:

Page 1, line 28, delete "123" and insert "120"

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 614, A bill for an act relating to agriculture; creating a "Passing on the Farm Center"; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 17.

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.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 622, A bill for an act relating to natural resources; modifying provisions relating to wetlands; amending Minnesota Statutes 1994, sections 103G.222; 103G.2241; 103G.2242, subdivisions 1, 2, 6, 7, 9, 12, and by adding a subdivision; 103G.237, subdivision 4, and by adding a subdivision; and 103G.2372, subdivision 1.

Reported the same back with the following amendments:

Page 4, line 15, after the comma, insert "or under a local comprehensive wetland protection and management plan an amount at least equal to the fair market value of the wetland,"

Page 8, line 23, delete "affected" and insert "drained or filled"

Page 8, line 34, after "for" insert "agricultural livestock watering or for"

Page 8, delete lines 35 and 36

Page 9, delete line 1

Page 9, line 2, delete "(ii)" and insert "(i)"

Page 9, line 4, delete "(iii) the area proposed for" and insert "(ii)" and delete "contain" and insert "adversely impact"

Page 10, line 31, strike "program" and insert "comprehensive wetland protection and management plan"


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Page 10, line 32, strike everything after the comma

Page 10, line 33, strike "determined by" and after "board" insert "may enforce the rules by injunction or other action until the local government unit applies the rules or implements a comprehensive wetland protection and management plan under subdivision 3a"

Page 11, line 5, delete "section" and insert "sections" and after "and" insert "103G.222"

Page 11, line 6, after "provided" insert "otherwise" and delete ", section 103G.222"

Page 11, line 21, delete "that is not subject"

Page 11, line 22, delete "to rules adopted by the board"

Page 11, line 28, after "ordinance" insert "under section 375.51,"

Page 11, line 29, delete "section 375.51" and insert "chapter 394"

Page 15, line 12, after "(c)" insert "or as provided in a comprehensive wetland protection and management plan"

Page 16, line 2, after "plan" insert "increased or decreased by the percentage change of the assessed valuation of land in the township where the wetland is located after 1995"

Page 16, lines 12 and 30, delete "just"

Page 16, line 33, after "constitution" insert "or compensation for similar rights under an action under state or federal law"

Page 16, line 36, strike "COMMISSIONER OF NATURAL RESOURCES" and insert "ENFORCEMENT"

Page 17, line 3, after "wetlands" insert "and sheriffs shall enforce ordinances implementing comprehensive wetland protection and management plans"

Page 17, line 4, after the second "officer" insert ", or for an ordinance, the sheriff,"

Page 17, line 9, after "district" insert "or as otherwise provided by a comprehensive wetland protection and management plan"

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

The report was adopted.

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

H. F. No. 811, A bill for an act relating to telecommunications; imposing TACIP fee on cellular telephone users; requiring that a person must be able to use a communication device to be eligible to get it; 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; abolishing restriction on TACIP board for contracting for operation of the telecommunication relay system; amending Minnesota Statutes 1994, sections 237.52, subdivision 3; 237.53, subdivision 2; and 237.54, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 3, delete "eventually"

Page 2, line 11, reinstate the stricken "and"


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Page 2, line 14, delete "and" and insert "or"

Page 2, line 15, delete "(6)"

Page 2, delete section 3

Amend the title as follows:

Page 1, line 9, delete everything after the semicolon

Page 1, delete line 10

Page 1, line 11, delete everything before "amending"

Page 1, line 12, after the semicolon, insert "and"

Page 1, line 13, delete "; and 237.54, subdivision 2"

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 819, A bill for an act relating to agriculture; changing limits for agricultural improvement loans; appropriating money; amending Minnesota Statutes 1994, section 41B.043, subdivisions 2 and 3.

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.

Jaros from the Committee on International Trade and Economic Development to which was referred:

H. F. No. 869, A bill for an act relating to economic development; requiring private businesses with state financial assistance to pay a livable wage and increase employment; proposing coding for new law in Minnesota Statutes, chapter 177.

Reported the same back with the following amendments:

Page 1, line 9, before "Any" insert "Subdivision 1. [APPLICATION.] (a) This section applies to"

Page 1, lines 13 and 14, delete ", tax increment financing, or other special state tax reduction or waiver must" and insert "or tax increment financing, if:

(1) the sum of all three types of assistance exceeds $25,000 in a fiscal year; and

(2) the purpose of the assistance is economic development or job growth.

(b) The state assistance recipient must"

Page 1, line 16, delete "or lose the assistance" and insert ". If without state assistance the recipient would decrease their number of employees, then the state assistance recipient must show a net retention in the number of jobs or lose the assistance"


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Page 1, line 18, delete "a livable wage" and insert "at least a poverty level wage which on an annualized basis is equal to 100 percent of the federal poverty level for a family of four"

Page 1, delete lines 19 to 21

Page 1, after line 25, insert:

"Subd. 2. [ON-THE-JOB TRAINING EXEMPTION.] (a) The requirement to pay at least a poverty level wage under subdivision 1 does not apply to an employee engaged in on-the-job training. For purposes of this section, on-the-job training means:

(1) an apprenticeship program for an apprentice defined by section 178.06;

(2) a preapprenticeship program that assists learners to explore occupational areas and assess their skills and interests in those areas, and acquire knowledge and skills necessary to succeed in youth apprenticeship programs; or

(3) a training program, not to exceed six months, that is offered to an individual while employed in productive work that provides training, technical and other related skills, and personal skills that are essential to the full and adequate performance of the employment.

(b) An employer must pay at least a poverty level wage to an employee who would otherwise be exempt under paragraph (a), clause (1), (2), or (3), if:

(1) any other individual has been laid off by the employer from the position to be filled by the eligible employee or from any substantially equivalent position; or

(2) the employer has terminated the employment of any regular employee or otherwise reduced the number of employees with the intention of replacing the employee by hiring an employee who is not required to receive at least a poverty level wage.

Subd. 3. [APPLICATION FOR ON-THE-JOB TRAINING EXEMPTION.] An employer seeking exemption under subdivision 2 must:

(1) notify the commissioner of labor and industry. The commissioner must certify that the on-the-job training program meets the criteria stated in subdivision 2; and

(2) describe the program in writing, retain a copy, and provide a copy to the commissioner of labor and industry and to the employee.

Subd. 4. [EMPLOYER EXEMPTIONS.] The requirement to pay at least a poverty level wage under subdivision 1 does not apply to the following types of state assistance:

(1) tax increment financing for redevelopment activities, including assistance financed with increments (i) from districts defined as redevelopment districts or renewal and renovation districts under section 469.174, or (ii) from another type of district used to pay for redevelopment activities as defined in section 469.176, subdivision 4j;

(2) state grant and state loan assistance to businesses located in districts which meet the criteria of a redevelopment district or renewal and renovation district defined in section 469.174;

(3) tax increment assistance financed by districts defined as housing districts under section 469.174;

(4) tax increment assistance financed by districts created as hazardous substance subdistricts under section 469.175;

(5) state grant and state loan assistance for the removal or remediation of a hazardous substance, hazardous waste, pollutant, or contaminant, including human waste, as defined by section 115B.02;

(6) loan or loan guarantee assistance from the tourism loan program under section 116J.617; and

(7) grant assistance from contamination cleanup grants under section 116J.552.


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Sec. 2. [270.0683] [REPORT ON THE EFFECT OF TAX INCENTIVES UPON THE NUMBER OF JOBS.]

On a biennial basis, the legislative auditor shall analyze the effect of all business related tax reductions or waivers on the aggregate number of jobs created and wages paid in those new jobs. The legislative auditor shall present the results of their analysis to the legislature.

Sec. 3. [270.0684] [GOALS FOR NEWLY LEGISLATED TAX EXPENDITURES.]

Each new legislated business related tax expenditure shall include measurable goals for jobs and wages and require a biennial review conducted by the legislative auditor for continuation based upon meeting those goals. The legislative auditor shall report the results of the review to the legislature."

Page 2, line 1, delete "2" and insert "4"

Page 2, delete lines 2 and 3, and insert "Sections 1 to 3 apply to state grant, state loan, and tax increment financing authorized on or after August 1, 1995."

Amend the title as follows:

Page 1, lines 3 and 4, delete "a livable" and insert "at least a poverty level"

Page 1, line 5, delete "chapter" and insert "chapters" and after "177" insert "; and 270"

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

The report was adopted.

Jaros from the Committee on International Trade and Economic Development to which was referred:

H. F. No. 873, A bill for an act relating to economic development; changing certain departmental operating procedures; altering the corporate structure of Advantage Minnesota, Inc.; clarifying economic development authority powers; amending Minnesota Statutes 1994, sections 116J.58, subdivision 1; 116J.693, subdivisions 2, 3, 4, and 5; 116N.02, subdivision 1; 116N.06; 446A.03, subdivision 4; and 469.102, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 116J.58, subdivision 1, is amended to read:

Subdivision 1. [ENUMERATION.] The commissioner shall:

(1) investigate, study, and undertake ways and means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Minnesota business, industry, and commerce, within and outside the state;

(2) locate markets for manufacturers and processors and aid merchants in locating and contacting markets;

(3) investigate and study conditions affecting Minnesota business, industry, and commerce and collect and disseminate information, and engage in technical studies, scientific investigations, and statistical research and educational activities necessary or useful for the proper execution of the powers and duties of the commissioner in promoting and developing Minnesota business, industry, and commerce, both within and outside the state;

(4) plan and develop an effective business information service both for the direct assistance of business and industry of the state and for the encouragement of business and industry outside the state to use economic facilities within the state;


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(5) compile, collect, and develop periodically, or otherwise make available, information relating to current business conditions;

(6) conduct or encourage research designed to further new and more extensive uses of the natural and other resources of the state and designed to develop new products and industrial processes;

(7) study trends and developments in the industries of the state and analyze the reasons underlying the trends; study costs and other factors affecting successful operation of businesses within the state; and make recommendations regarding circumstances promoting or hampering business and industrial development;

(8) serve as a clearing house for business and industrial problems of the state; and advise small business enterprises regarding improved methods of accounting and bookkeeping;

(9) cooperate with interstate commissions engaged in formulating and promoting the adoption of interstate compacts and agreements helpful to business, industry, and commerce;

(10) cooperate with other state departments, and with boards, commissions, and other state agencies, in the preparation and coordination of plans and policies for the development of the state and for the use and conservation of its resources insofar as the use, conservation, and development may be appropriately directed or influenced by a state agency;

(11) assemble and coordinate information relative to the status, scope, cost, and employment possibilities and the availability of materials, equipment, and labor in connection with public works projects, state, county, and municipal; recommend limitations on the public works; gather current progress information with reference to public and private works projects of the state and its political subdivisions with reference to conditions of employment; inquire into and report to the governor, when requested by the governor, with respect to any program of public state improvements and the financing thereof; and request and obtain information from other state departments or agencies as may be needed properly to report thereon;

(12) study changes in population and current trends and prepare plans and suggest policies for the development and conservation of the resources of the state;

(13) confer and cooperate with the executive, legislative, or planning authorities of the United States and neighboring states and provinces and of the counties and municipalities of such neighboring states, for the purpose of bringing about a coordination between the development of such neighboring provinces, states, counties, and municipalities and the development of this state;

(14) generally, gather, compile, and make available statistical information relating to business, trade, commerce, industry, transportation, communication, natural resources, and other like subjects in this state, with authority to call upon other departments of the state for statistical data and results obtained by them and to arrange and compile that statistical information in a manner that seems wise;

(15) prepare an annual report to the legislature estimating and, to the extent possible, describing the number of Minnesota companies which have left the state or moved to surrounding states or other countries. The report should include an estimate of the number of jobs lost by these moves, an estimate of the total employment payroll, average hourly wage of those jobs lost and those created in the new location, and to the extent possible, the reasons for each company moving out of state, if known;

(16) publish documents and annually convene regional meetings to inform businesses, local government units, assistance providers, and other interested persons of changes in state and federal law related to economic development;

(17) annually convene conferences of providers of economic development related financial and technical assistance for the purposes of exchanging information on economic development assistance, coordinating economic development activities, and formulating economic development strategies;

(18) provide business with information on the economic benefits of energy conservation and on the availability of energy conservation assistance; and

(19) prepare, as part of biennial budget process with an annual interim summary for the legislature, performance measures for each business loan or grant program within the jurisdiction of the commissioner. Measures would include source of funds for each program, numbers of jobs proposed or promised at the time of application and the number of jobs created, estimated number of jobs retained, the average salary and benefits for the jobs resulting from the program, estimated number of jobs displaced, if any, and the number of projects approved.


JOURNAL OF THE HOUSE - 28th Day - Top of Page 847

Sec. 2. Minnesota Statutes 1994, section 116J.693, subdivision 2, is amended to read:

Subd. 2. [BOARD OF DIRECTORS.] (a) Advantage Minnesota, Inc. shall be governed by a board of directors consisting of voting and nonvoting members of.

(b) The voting members of the board shall be:

(1) representatives of business, professional, and industry organizations that have been certified by the commissioner, including Minnesota business and industry and labor organizations as having made a financial contribution to Advantage Minnesota, Inc. for their period of service in accordance with matching funds requirements established by the commissioner;

(2) representatives of labor organizations and educational institutions, if any, as designated from time to time by the board;

(3) the governor or a designee of the governor;

(4) the commissioner; and serving as

(5) other persons, if any, as designated from time to time by the board.

(c) The nonvoting members representing the legislature, of the board shall be the majority and minority leaders of the senate and, the speaker of the house of representatives and the minority leader of the house of representatives, or their designees.

(d) Meetings of the board are subject to section 471.705.

Sec. 3. Minnesota Statutes 1994, section 116J.693, subdivision 3, is amended to read:

Subd. 3. [EXECUTIVE COMMITTEE; EMPLOYEES.] (a) The board of directors, by resolution adopted by the affirmative vote of a majority of the directors, shall create an executive committee of ten 12 members of the board including the commissioner, the vice-chair of the board of directors, and two members of the legislature. The executive director president of the corporation shall be appointed by the executive committee and ratified by the board. The executive committee shall oversee the daily operations of the corporation.

(b) Meetings of the executive committee is are subject to section 471.705 except when security, trade secret, potential client lists, pending proposals, negotiations, employee matters, or labor relations information are discussed.

(c) The employees of the corporation are not state employees.

Sec. 4. Minnesota Statutes 1994, section 116J.693, subdivision 4, is amended to read:

Subd. 4. [BYLAWS.] Bylaws of Advantage Minnesota, Inc. shall provide, at a minimum, for staggered terms of not less than four years for directors, for the qualification and removal of directors, and for filling vacancies on the board in a manner not inconsistent with this section.

Sec. 5. Minnesota Statutes 1994, section 116J.693, subdivision 5, is amended to read:

Subd. 5. [OTHER COMMITTEES.] The board of directors executive committee may, by resolution, create one or more committees, each consisting of five directors designated by the board of directors executive committee. The duties, responsibilities, and limitations of each committee shall be outlined in the resolution creating such committees.

Sec. 6. Minnesota Statutes 1994, section 116N.02, subdivision 1, is amended to read:

Subdivision 1. [MEMBERSHIP.] The rural development board consists of the commissioner of trade and economic development, the commissioner of economic security, the commissioner of agriculture, the president of the Minnesota Technology, Inc. board, the chancellor of vocational technical education, the chancellor of the state university board, the chancellor of the state board for community colleges, the president of the University of Minnesota or the president's designee, the chair of the regional advisory committee, and six members from the general public appointed by the governor, with at least one public member from each of the regions established in section 116N.08. Two of the public members must be local elected officials. Two of the public members must be members of farm organizations. One public member must represent the interests of business, and one public member must represent the interests of organized labor.


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Sec. 7. Minnesota Statutes 1994, section 116N.06, is amended to read:

116N.06 [RURAL INVESTMENT GUIDE.]

The board, after appropriate study and public hearings as necessary, shall adopt a comprehensive state rural investment guide consisting of policy statements, objectives, standards, and program criteria to guide state agencies in establishing and implementing programs relating to rural development. The guide must recognize the community and economic needs, the food and agricultural policy, and the resources of rural Minnesota, and provide a plan to coordinate and allocate public and private resources to the rural areas of the state. The board shall submit the guide to the appropriate committees of the legislature. The guide shall be prepared every fourth year.

Sec. 8. Minnesota Statutes 1994, section 446A.03, subdivision 4, is amended to read:

Subd. 4. [BOARD ACTIONS.] (a) A majority of the authority, excluding vacancies, constitutes a quorum to conduct its business, to exercise its powers, and for all other purposes.

(b) The board may conduct its business by any technological means available, including teleconference calls or interactive video, that allows for an interaction between members. If a meeting is conducted under this paragraph, a specific location must be available for the public to attend the meeting and at least one member must be present at that location."

Delete the title and insert:

"A bill for an act relating to economic development; changing certain departmental operating procedures; altering the corporate structure of Advantage Minnesota, Inc.; clarifying economic development authority powers; amending Minnesota Statutes 1994, sections 116J.58, subdivision 1; 116J.693, subdivisions 2, 3, 4, and 5; 116N.02, subdivision 1; 116N.06; and 446A.03, subdivision 4."

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

The report was adopted.

Jaros from the Committee on International Trade and Economic Development to which was referred:

H. F. No. 885, A bill for an act relating to economic development; establishing a microenterprise support program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

Reported the same back with the following amendments:

Page 1, lines 12 and 16, after "organizations" insert "and state certified community development corporations"

Page 1, line 14, delete "$15,000" and insert "$10,000"

Page 2, after line 11, insert:

"Sec. 2. Minnesota Statutes 1994, section 116M.18, subdivision 4, is amended to read:

Subd. 4. [BUSINESS LOAN CRITERIA.] (a) The criteria in this subdivision apply to loans made under the urban challenge grant program.

(b) Loans must be made to businesses that are not likely to undertake a project for which loans are sought without assistance from the urban challenge grant program.

(c) A loan must be used for a project designed to benefit persons in low-income areas through the creation of job opportunities for them. Among loan applicants, priority must be given on the basis of the number of permanent jobs created or retained by the project and the proportion of nonpublic money leveraged by the loan. Priority must also be given for loans to the lowest income areas.


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(d) The minimum loan is $5,000 $1,000 and the maximum is $150,000.

(e) With the approval of the commissioner, a loan may be used to provide up to 50 percent of the private investment required to qualify for a grant from the economic recovery account.

(f) A loan must be matched by at least an equal amount of new private investment.

(g) A loan may not be used for a retail development project.

(h) The business must agree to work with job referral networks that focus on minority applicants from low-income areas.

Sec. 3. Minnesota Statutes 1994, section 116N.08, subdivision 5, is amended to read:

Subd. 5. [LOAN CRITERIA.] The following criteria apply to loans made under the challenge grant program:

(a) Loans must be made to businesses that are not likely to undertake a project for which loans are sought without assistance from the challenge grant program.

(b) A loan must be used for a project designed principally to benefit low-income persons through the creation of job opportunities for them. Among loan applicants, priority must be given on the basis of the number of permanent jobs created or retained by the project and the proportion of nonstate money leveraged by the revolving loan.

(c) The minimum loan is $5,000 $1,000 and the maximum is $100,000.

(d) With the approval of the commissioner, a loan may be used to provide up to 50 percent of the private investment required to qualify for a grant from the economic recovery account.

(e) A loan may not exceed 50 percent of the total cost of an individual project.

(f) A loan may not be used for a retail development project.

(g) A business applying for a loan must be sponsored by a resolution of the governing body of the local governmental unit within whose jurisdiction the project is located."

Page 2, line 12, delete "2" and insert "4"

Page 2, line 13, after "organizations" insert "and state certified community development corporations"

Page 2, line 15, delete "3" and insert "5"

Amend the title as follows:

Page 1, delete line 3 and insert "microenterprise support program; changing the minimum grant amount for certain other programs; appropriating money; amending Minnesota Statutes 1994, sections 116M.18, subdivision 4; and 116N.08, subdivision 5;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

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

H. F. No. 896, A bill for an act relating to public administration; clarifying the authority and procedures of the board of government innovation and cooperation; establishing application procedures for cooperation planning grants; appropriating money; amending Minnesota Statutes 1994, sections 465.798; 465.799; 465.801; 465.81, subdivisions 1 and 3; 465.82, subdivision 2; 465.84; 465.85; and 465.87.

Reported the same back with the following amendments:

Page 1, after line 10, insert:

"Section 1. Minnesota Statutes 1994, section 465.795, subdivision 7, is amended to read:

Subd. 7. [SCOPE.] As used in sections 465.795 to 465.799 and sections 465.801 to 465.87 465.88, the terms defined in this section have the meanings given them."


JOURNAL OF THE HOUSE - 28th Day - Top of Page 850

Page 2, lines 15 to 17, delete the new language

Page 3, lines 12 to 14, delete the new language

Page 4, lines 12 to 14, delete the new language

Pages 4 and 5, delete section 5

Page 6, line 14, delete "local governmental bodies of the"

Page 7, line 23, before "chapter" insert "any process within" and after "414" insert "that results in the elimination of at least one local government unit"

Page 7, line 24, after the period, insert "If two units of government cooperate in the orderly annexation of the entire area of a third unit of government which has a population of at least 8,000 people, the two units of government are each eligible for the amount of aid specified in subdivision 2."

Page 8, line 23, after "The" insert "annual amount of"

Page 9, line 4, after the period, insert "Payments to a local government unit that qualifies for aid pursuant to subdivision 1a must be made on the dates provided for payments of local government aids under section 477A.013, beginning in the calendar year during which a combination in any form is expected to be ordered by the Minnesota municipal board as evidenced in a resolution adopted by July 1 by the affected local government units declaring their intent to combine. The resolutions must certify that the combination agreement addressing all issues relative to the combination is substantially complete."

Page 9, after line 20, insert:

"Sec. 10. [465.88] [PLANNING AID FOR CONSOLIDATION STUDIES.]

Two local units of government with a combined population of 2,500 or less based on the most recent decennial census, may apply to the board of aid to assist in the study of a possible consolidation or combination. To be eligible for receipt of aid under this section, the two local units of government must be subject to a municipal board motion to form a consolidation commission pursuant to section 414.041, subdivision 2, or the governing bodies of the local units of government must have approved a resolution expressing their intent to develop and submit a combination plan for consideration by the board. The application must be on a form prescribed by the board and must provide a proposed budget detailing how the requested aid shall be used. The governing bodies of the local units of government must also approve resolutions certifying that the requested aid is essential for paying a portion of the costs associated with the consolidation or combination study. The board may grant up to $10,000 in aid for each application received."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 5, after the semicolon, insert "providing planning aid for consolidation studies;"

Page 1, line 7, after "sections" insert "465.795, subdivision 7;"

Page 1, line 8, delete "subdivisions 1 and 3" and insert "subdivision 1"

Page 1, line 9, before the period, insert "; proposing coding for new law in Minnesota Statutes, chapter 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.


JOURNAL OF THE HOUSE - 28th Day - Top of Page 851

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 898, A bill for an act relating to crime prevention; changing reimbursement for soft body armor; providing for adjustment to the public safety officer's death benefit; amending Minnesota Statutes 1994, sections 299A.38, subdivision 2; and 299A.44.

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

The report was adopted.

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

H. F. No. 1057, A bill for an act relating to pollution control; prohibiting local governments from exercising certain regulatory authorities over feedlots; amending Minnesota Statutes 1994, section 116.07, subdivision 7.

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

The report was adopted.

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

H. F. No. 1060, A bill for an act relating to local government; excluding certain fire and police department employees from civil service in the city of South St. Paul.

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

The report was adopted.

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

H. F. No. 1093, A bill for an act relating to telecommunications; eliminating the telecommunication access for communication-impaired persons board; creating telecommunication access duties for the departments of public service and human services; amending Minnesota Statutes 1994, sections 237.50, subdivision 4; 237.51, subdivisions 1, 5, and by adding a subdivision; 237.52, subdivisions 2, 4, and 5; 237.53, subdivisions 1, 3, 5, and 7; 237.54, subdivision 2; and 237.55; repealing Minnesota Statutes 1994, sections 237.50, subdivision 2; 237.51, subdivisions 2, 3, 4, and 6; and 237.54, subdivision 1.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1105, A bill for an act relating to paternity; eliminating a presumption for husbands in certain cases; allowing husbands to join in a recognition of parentage; amending Minnesota Statutes 1994, sections 257.55, subdivision 1; and 257.75, subdivisions 1, 2, 4, and by adding a subdivision.

Reported the same back with the following amendments:

Page 3, after line 3, insert:

"Sec. 2. Minnesota Statutes 1994, section 257.57, subdivision 2, is amended to read:

Subd. 2. The child, the mother, or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the mother if the mother has died or is a minor,


JOURNAL OF THE HOUSE - 28th Day - Top of Page 852

a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or the nonexistence of the father and child relationship presumed under clause (d) of that subdivision;

(2) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is brought within three years six months after the date of the execution of the declaration or recognition of parentage person bringing the action has reason to believe that the presumed father is not the father of the child; or

(3) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (f), only if the action is brought within three years after the party bringing the action, or the party's attorney of record, has been provided the blood test results."

Page 3, line 32, after "executed" insert "within one year after the child's birth and"

Page 3, line 34, delete ", and" and insert ". The order"

Page 4, line 1, after the period, insert "The joinder must be on a form prepared by the commissioner of human services."

Page 4, delete line 23, and insert "father, husband or former husband who executed a joinder, or the child. A mother or, father, or husband or former husband who executed a joinder must bring the action."

Page 4, line 31, strike "and" and after "father" insert ", and husband or former husband who executed a joinder"

Page 5, after line 13, insert:

"Sec. 7. [EFFECTIVE DATE; APPLICATION.]

Section 2 is effective August 1, 1995.

Notwithstanding any other provision of law, a plaintiff whose action to declare the nonexistence of the father and child relationship presumed under Minnesota Statutes, section 257.55, subdivision 1, paragraph (e), was time-barred before the effective date of section 2 has until February 1, 1996, to commence an action."

Renumber the sections in sequence

Correct internal references

Amend the title as follows:

Page 1, line 5, after the semicolon, insert "257.57, subdivision 2;"

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. 1156, A bill for an act relating to metropolitan government; establishing the metropolitan livable communities advisory board; establishing the metropolitan livable communities fund and providing for fund distribution; reducing the levy authority of the metropolitan mosquito control commission; requiring the metropolitan mosquito control district to liquidate certain assets; providing for certain revenue sharing; amending Minnesota Statutes 1994, sections 116J.556; 473.167, subdivisions 2, 3, and by adding a subdivision; 473.702; 473.704, subdivisions 2, 3, 5, 6, 7, 8, 13, and 17; 473.711, subdivision 2; and 473F.08, subdivisions 5, 7a, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

Reported the same back with the following amendments:

Page 6, line 16, delete everything after "homesteads"


JOURNAL OF THE HOUSE - 28th Day - Top of Page 853

Page 6, line 17, delete "of that value" and delete "shall be each" and insert "as the"

Page 6, line 18, delete "net tax capacity" and insert "market value"

Page 6, line 20, delete "net tax"

Page 6, line 21, delete "capacities" and insert "market values" and delete "net tax capacity" and insert "market value"

Page 6, line 22, after "aggregate" insert "net tax capacity corresponding to the"

Page 6, line 23, delete "net tax capacities" and insert "market values" and delete everything after "municipality's"

Page 6, line 24, delete the first "capacity" and insert "market value"

Page 6, line 36, delete "the previous year" and insert "taxes payable in 1994"

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

The report was adopted.

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

H. F. No. 1159, A bill for an act relating to real property; authorizing municipalities to establish trust or escrow accounts for proceeds from losses arising from fire or explosion of certain insured real property; authorizing municipalities to utilize escrowed funds to secure, repair, or demolish damaged or destroyed structures; shortening the period of redemption for certain properties sold at mortgage foreclosure sales; amending Minnesota Statutes 1994, section 580.23, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 65A.

Reported the same back with the following amendments:

Page 8, delete section 2

Page 8, line 25, delete "3" and insert "2"

Page 8, line 26, delete everything after the period

Page 8, delete lines 27 to 29

Amend the title as follows:

Page 1, line 7, delete everything after the semicolon

Page 1, delete lines 8 and 9

Page 1, line 10, delete everything before "proposing"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1195, A bill for an act relating to criminal penalties; simplifying certain criminal surcharges and assessments; amending Minnesota Statutes 1994, sections 609.101, subdivisions 1, 2, and 3; and 626.861, subdivision 1.

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

The report was adopted.


JOURNAL OF THE HOUSE - 28th Day - Top of Page 854

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

H. F. No. 1204, A bill for an act relating to workers' compensation; specifying the employment status of messenger or courier; proposing coding for new law in Minnesota Statutes, chapter 176.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [STUDY; COURIER WORKERS.]

The staff of the research and education unit of the department of labor and industry shall study the same day courier industry and the status of its workers as employees or independent contractors for purposes of workers' compensation. The study shall specifically address the common law factors used in determining employee or independent contractor status as they apply to work performed in the courier industry.

The special compensation fund staff shall cooperate with the study and provide an estimate of the current and projected future liability to the fund for claims made by injured courier workers incorrectly classified as independent contractors by their employers. The estimate shall separately address special compensation fund liability for reimbursement of medical assistance and general assistance benefits paid to incorrectly classified employees.

The staff shall consult with employers, employees, and independent contractor representatives of the courier industry in evaluating the common law factors and the impact of employee status on employers engaged in the same activity.

By February 1, 1996, the department shall report the results of the study to the labor-management relations committee in the house of representatives and the jobs, energy and community development committee in the senate. If the study indicates a need for revision of Minnesota Rules, part 5224.0292, the study shall indicate appropriate revisions.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Amend the title as follows:

Page 1, line 2, delete "specifying" and insert "requiring a study of"

Page 1, line 3, delete "; proposing"

Page 1, line 4, delete everything before the period

With the recommendation that when so amended the bill pass.

The report was adopted.

Jaros from the Committee on International Trade and Economic Development to which was referred:

H. F. No. 1211, A bill for an act relating to public contractors' performance bonds; exempting certain manufacturers from requirements for posting bonds; amending Minnesota Statutes 1994, section 574.26, by adding a subdivision.

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

The report was adopted.


JOURNAL OF THE HOUSE - 28th Day - Top of Page 855

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 1218, A bill for an act relating to occupations and professions; providing for biennial license renewal for individual certified and licensed public accountants; amending Minnesota Statutes 1994, sections 326.20, subdivision 1; and 326.22, subdivision 2.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

Sarna from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 1495, A bill for an act relating to the city of Hutchinson; authorizing the city to impose certain sales, liquor, and food taxes.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 110, 291, 318, 527, 528, 533, 873, 1060, 1105, 1204 and 1211 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 229 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Pugh, Holsten and Skoglund introduced:

H. F. No. 1557, A bill for an act relating to firearms; permitting licensed protective agents and their employees who provide armored car services to apply for a permit to carry a pistol with the sheriff or police chief where the person is employed; requiring that the permit be valid only when armored car services are being provided; amending Minnesota Statutes 1994, section 624.714, subdivisions 2 and 6.

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

McGuire; Rhodes; Johnson, A., and Murphy introduced:

H. F. No. 1558, A bill for an act relating to public safety; appropriating money for grants for violence prevention councils.

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

Carruthers, Luther and Haas introduced:

H. F. No. 1559, A bill for an act relating to housing; appropriating money for multiunit blighted rental property removal.

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


JOURNAL OF THE HOUSE - 28th Day - Top of Page 856

Leighton introduced:

H. F. No. 1560, A bill for an act relating to retirement; Austin fire department relief association; clarifying ambiguities in the survivor coverage of certain spouses of certain retired members; amending Laws 1994, chapter 490, section 2.

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

Greenfield introduced:

H. F. No. 1561, A bill for an act relating to taxation; increasing the rate of taxes on cigarettes and tobacco products; dedicating the increased revenues to the health care access fund; amending Minnesota Statutes 1994, sections 297.02, subdivision 1; 297.03, subdivision 5; 297.13, subdivision 1; and 297.32, subdivisions 1, 2, and 9.

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

Milbert and Rest introduced:

H. F. No. 1562, A bill for an act relating to taxation; corporate franchise tax; modifying the sales factor for leases of certain mobile equipment; amending Minnesota Statutes 1994, section 290.191, subdivisions 5 and 6.

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

Molnau and Workman introduced:

H. F. No. 1563, A bill for an act relating to the metropolitan council; modifying the areas from which council members are appointed; amending Minnesota Statutes 1994, section 473.123, subdivisions 2a and 3; repealing Minnesota Statutes 1994, section 473.123, subdivisions 3a and 3c.

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

Holsten, Mares, Pugh, Tomassoni and Dehler introduced:

H. F. No. 1564, A bill for an act relating to lawful gambling; providing that a city's trade area for purpose of limiting expenditures of net profits may consist of all or part of the city's school district; allowing cities and counties to adopt reporting requirements; allowing cities and counties to adopt residence requirements as a condition of approval of premises permits; amending Minnesota Statutes 1994, section 349.213.

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

Hausman, Bishop, Trimble and Huntley introduced:

H. F. No. 1565, A bill for an act relating to economic development; requiring the department of trade and economic development to conduct a study assessing the benefits of public civic and convention centers.

The bill was read for the first time and referred to the Committee on International Trade and Economic Development.

Long, Kahn, Greenfield, Sarna and Clark introduced:

H. F. No. 1566, A bill for an act relating to the city of Minneapolis; authorizing the city to establish special service districts within the city; amending Laws 1985, chapter 302, section 2, subdivision 1, as amended.

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


JOURNAL OF THE HOUSE - 28th Day - Top of Page 857

Long, Simoneau, Bishop, Osskopp and Schumacher introduced:

H. F. No. 1567, A bill for an act relating to public funds; regulating the deposit and investment of these funds, and agreements related to these funds; proposing coding for new law as Minnesota Statutes, chapter 118A; repealing Minnesota Statutes 1994, sections 118.005; 118.01; 118.02; 118.08; 118.09; 118.10; 118.11; 118.12; 118.13; 118.14; 118.16; 124.05; 471.56; 475.66; and 475.76.

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

Erhardt introduced:

H. F. No. 1568, A bill for an act relating to insurance; prohibiting zip code rating in homeowner's and automobile insurance; amending Minnesota Statutes 1994, section 72A.20, subdivisions 13 and 23.

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

Mulder introduced:

H. F. No. 1569, A bill for an act relating to taxation; aggregate removal; providing for imposition of the tax in Rock county; amending Minnesota Statutes 1994, section 298.75, subdivision 1.

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

Pawlenty and Kelley introduced:

H. F. No. 1570, A bill for an act relating to state government; directing the commissioner of administration to establish a program to encourage suggestions on ways to save money and improve efficiency in the operation of state government; appropriating money; amending Minnesota Statutes 1994, section 16B.39, by adding a subdivision.

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

Otremba, Kelley and Onnen introduced:

H. F. No. 1571, A bill for an act relating to human services; providing for a Minnesota community services directory; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256.

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

Onnen, Molnau, Bertram, Wenzel and Hugoson introduced:

H. F. No. 1572, A bill for an act relating to agriculture; promoting the development of new small family farms; authorizing independent contractors to provide start-up technical services for beginning small farms; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Kelley, Jennings, Mahon, Rhodes and Onnen introduced:

H. F. No. 1573, A bill for an act relating to financial institutions; regulating savings banks; modifying and clarifying statutory provisions relating to the structure and functions of savings banks; making technical changes; amending Minnesota Statutes 1994, sections 9.031, subdivision 8; 46.047, subdivision 2; 47.01, subdivisions 2 and 3; 47.015, subdivision 1; 47.02; 47.10, subdivision 1; 47.12; 47.20, subdivisions 1 and 9; 47.201, subdivision 1; 47.205, subdivision 1; 47.209, subdivision 1; 47.27, subdivision 2; 47.29, subdivision 1; 47.30, subdivisions 1, 2, 3, 4, and 6; 47.51; 47.62, subdivision 4; 47.64, subdivision 1; 47.65, subdivisions 1 and 2; 48.01, subdivision 2; 49.42; 50.01; 50.03;


JOURNAL OF THE HOUSE - 28th Day - Top of Page 858

50.04; 50.05; 50.06; 50.11; 50.13; 50.14, subdivisions 1, 5, 7, and 8; 50.145; 50.146; 50.1465; 50.148; 50.155; 50.17; 50.175, subdivision 1; 50.19; 50.21; 50.22; 50.23; 50.245; 50.25; 51A.02, subdivisions 26 and 40; 51A.21, by adding a subdivision; 51A.385, subdivisions 2 and 3; 61A.09, subdivision 3; 62B.02, by adding a subdivision; 62B.04, subdivisions 1 and 2; and 300.20; proposing coding for new law in Minnesota Statutes, chapters 46; 47; and 50; repealing Minnesota Statutes 1994, sections 47.095; 47.67; 48.153, subdivisions 3a, 4, and 5; 48.26; 50.02; 50.07; 50.08; 50.09; 50.10; 50.12; 50.15; and 50.16.

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

Kelley introduced:

H. F. No. 1574, A bill for an act relating to the city of Hopkins; modifying a tax increment financing district.

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

Orenstein introduced:

H. F. No. 1575, A bill for an act relating to local government; eliminating a requirement that independent school district No. 625 contract with the city of Saint Paul for facilities furnished by the city civil service bureau; amending Laws 1965, chapter 705, section 1, subdivision 3.

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

Anderson, I., introduced:

H. F. No. 1576, A bill for an act relating to education; providing for post-secondary enrollment options (PSEO) replacement aid; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124.

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

Ness; Greenfield; Anderson, I.; Cooper and Lynch introduced:

H. F. No. 1577, A bill for an act relating to health; providing a grant for sudden infant death syndrome; 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.

Goodno, Bettermann, Daggett, Dauner and Otremba introduced:

H. F. No. 1578, A bill for an act relating to water; wastewater treatment; expanding the wastewater infrastructure funding program to include basic grants to municipalities; amending Minnesota Statutes 1994, section 446A.071, subdivisions 1, 5, and by adding subdivisions.

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

Workman introduced:

H. F. No. 1579, A bill for an act relating to consumer protection; regulating buying, health, and social referral clubs; requiring notice of unlicensed child care services; amending Minnesota Statutes 1994, section 325G.25, subdivision 2, and by adding subdivisions.

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


JOURNAL OF THE HOUSE - 28th Day - Top of Page 859

Smith introduced:

H. F. No. 1580, A bill for an act relating to investments; selection of qualified insurance companies for purchase of tax-sheltered annuities; amending Minnesota Statutes 1994, section 356.24, subdivision 1.

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

Kraus, Lynch, Bertram, Mares and Tomassoni introduced:

H. F. No. 1581, A bill for an act relating to marriage dissolution; providing for division of certain pension plans; amending Minnesota Statutes 1994, section 518.58, subdivision 4.

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

Rukavina; Bakk; Anderson, I., and Tomassoni introduced:

H. F. No. 1582, A bill for an act relating to state lands; providing for the sale of certain tax-forfeited lands in St. Louis county.

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

Lourey and Lynch introduced:

H. F. No. 1583, A bill for an act relating to human services; contracted foster care services; specifying that service rates are a matter of contract between parties; amending Minnesota Statutes 1994, section 256.82, by adding a subdivision.

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

Lourey and Lynch introduced:

H. F. No. 1584, A bill for an act relating to human services; requiring the commissioner of human services to study and make recommendations on the administration of the community alternative care program, and to study and report on the effect on medical assistance waiver programs of medically fragile children in foster care.

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

McGuire, Leppik and Greenfield introduced:

H. F. No. 1585, A bill for an act relating to health; expanding the intervention services provided through the Institute for Child and Adolescent Sexual Health; requiring reports; appropriating money.

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

McGuire and Swenson, D., introduced:

H. F. No. 1586, A bill for an act relating to motor vehicles; authorizing suspension of a vehicle's registration in certain circumstances; requiring a form to be provided in a vehicle's certificate of title and completed under certain circumstances; amending Minnesota Statutes 1994, sections 168.17; 168A.05, subdivision 5; and 168A.10, subdivisions 1, 2, and 5.

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


JOURNAL OF THE HOUSE - 28th Day - Top of Page 860

Harder; Swenson, H.; Vickerman; Boudreau and Mulder introduced:

H. F. No. 1587, A bill for an act relating to agriculture; changing provisions governing ethanol payments; appropriating money; amending Minnesota Statutes 1994, sections 41A.09, subdivision 6, and by adding subdivisions; and 296.02, by adding a subdivision; repealing Minnesota Statutes 1994, sections 41A.09, subdivisions 2, 3, and 5; and 296.02, subdivision 7.

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

Greenfield introduced:

H. F. No. 1588, A bill for an act relating to human services; appropriating money for the departments of human services and health, the veterans nursing homes board, the health-related boards, the telecommunication access for communication-impaired persons board, the council on disability, the ombudsman for mental health and mental retardation, and the ombudsman for families.

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

Munger, Rukavina, Bakk, Solberg and Jaros introduced:

H. F. No. 1589, A bill for an act relating to natural resources; appropriating money for studies relating to harvesting of peat; requiring reports.

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

Pawlenty and Commers introduced:

H. F. No. 1590, A bill for an act relating to gambling; prohibiting persons under the age of 21 from engaging in various gambling activities; amending Minnesota Statutes 1994, sections 240.25, subdivision 8; 349.2127, subdivision 8; 349A.08, subdivision 3; and 349A.12, subdivisions 1, 2, and 5;

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

Kraus, Bishop, Carlson, Dorn and Bettermann introduced:

H. F. No. 1591, A bill for an act relating to education; allowing local communities, counties, or school districts to purchase community or technical colleges under certain conditions; requiring review of and recommendations on purchase offers from the department of finance; providing transition funds to the local entities upon purchase; maintaining post-secondary courses through alternative means following purchase.

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

Paulsen, Commers, Workman, Pawlenty and Lindner introduced:

H. F. No. 1592, A bill for an act relating to crime; prohibiting plea bargaining when the defendant is charged with committing a dangerous felony with a firearm and is subject to the mandatory minimum sentencing law; permitting an exception when the defendant's testimony is needed to convict another offender of a crime of equal or greater severity; amending Minnesota Statutes 1994, section 609.11, subdivision 7.

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

Workman introduced:

H. F. No. 1593, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article I; establishing the right of a citizen to keep and bear arms.

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


JOURNAL OF THE HOUSE - 28th Day - Top of Page 861

Rest; Carlson; Johnson, A., and Simoneau introduced:

H. F. No. 1594, A bill for an act relating to tax increment financing; authorizing pilot projects for the creation of housing replacement projects in the cities of Crystal and Fridley.

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

Rostberg, Jennings and Koppendrayer introduced:

H. F. No. 1595, A bill for an act relating to education; providing full campus status to Cambridge Community College center; appropriating money.

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

Ness, Bertram, Otremba, Knoblach and Olson, E., introduced:

H. F. No. 1596, A bill for an act relating to health; modifying MinnesotaCare; repealing the regulated all-payer option; repealing growth limits; striking references to the regulated all-payer option and growth limits; amending Minnesota Statutes 1994, sections 62A.65, subdivision 3; 62J.04, subdivision 3; 62J.045, subdivision 3; 62J.09, subdivision 1a; 62J.152, subdivision 5; 62J.17, subdivision 1; 62J.22; 62J.35, subdivision 1; 62J.48; 62J.65; 62L.08, subdivision 8; 62N.05, subdivision 2; 62N.381, subdivision 2; 62Q.01, subdivisions 3 and 4; 62Q.30; and 62Q.41; repealing Minnesota Statutes 1994, sections 62J.017; 62J.04, subdivisions 1, 1a, 7, and 9; 62J.152, subdivision 6; 62P.01; 62P.02; 62P.03; 62P.04; 62P.05; 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; and 62P.33.

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

Carruthers, Wejcman, Abrams, Stanek and Carlson introduced:

H. F. No. 1597, A bill for an act relating to economic development; appropriating money for a multijurisdictional, collaborative reinvestment program.

The bill was read for the first time and referred to the Committee on International Trade and Economic Development.

Davids introduced:

H. F. No. 1598, A bill for an act relating to education; providing for a referendum to fund extracurricular activities; amending Minnesota Statutes 1994, section 124A.03, by adding a subdivision.

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

Swenson, D.; Mares; Broecker; Tomassoni and Delmont introduced:

H. F. No. 1599, A bill for an act relating to education; increasing the general education formula allowance; adding more local control to the class size reduction program; limiting reserved revenue for staff development programs to one percent of the formula allowance; restoring transportation inflation factors; modifying the debt service equalization aid program; repealing the referendum reduction; amending Minnesota Statutes 1994, sections 124.225, subdivisions 7b and 7d; 124.2725, subdivision 16; 124.95, subdivisions 3 and 4; 124A.22, subdivisions 2 and 8; 124A.225, subdivision 4; 124A.29, subdivision 1; and 298.28, subdivision 4; repealing Minnesota Statutes 1994, section 124A.03, subdivision 3b.

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

Jennings; Johnson, A.; Carlson; Koppendrayer and Mares introduced:

H. F. No. 1600, A bill for an act relating to education; providing for a fund transfer for independent school district No. 139, Rush City.

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


JOURNAL OF THE HOUSE - 28th Day - Top of Page 862

Kalis introduced:

H. F. No. 1601, A bill for an act relating to education; modifying eligibility for debt service equalization; amending Minnesota Statutes 1994, section 124.95, subdivision 2.

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

Greenfield introduced:

H. F. No. 1602, A bill for an act relating to health; establishing provisions for mobile health care providers; 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.

Greenfield introduced:

H. F. No. 1603, A bill for an act relating to health care; changing the indices used to adjust hospital and nursing home reimbursement rates; amending Minnesota Statutes 1994, sections 256.969, subdivision 1; and 256B.431, subdivision 2l.

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

Paulsen introduced:

H. F. No. 1604, A bill for an act relating to retirement; Eden Prairie volunteer firefighters relief association; authorizing a reduction in the service pension vesting requirement; authorizing posttermination service pension adjustments for certain deferred retirees.

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

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 amendment the concurrence of the House is respectfully requested:

H. F. No. 887, A bill for an act relating to public administration; providing St. Paul with additional authority in regard to the teacher training institute; amending Laws 1994, chapter 643, section 72.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Rice moved that the House concur in the Senate amendments to H. F. No. 887 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 887, A bill for an act relating to public administration; providing St. Paul with additional authority in regard to the teacher training institute; amending Laws 1994, chapter 643, section 72.

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


JOURNAL OF THE HOUSE - 28th Day - Top of Page 863

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:

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

H. F. No. 95, A bill for an act relating to highways; prohibiting headwalls in highway rights-of-way; imposing a penalty; amending Minnesota Statutes 1994, section 160.27, subdivision 5.

Patrick E. Flahaven, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Lieder moved that the House concur in the Senate amendments to H. F. No. 95 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 95, A bill for an act relating to highways; prohibiting headwalls in highway rights-of-way; imposing a penalty; amending Minnesota Statutes 1994, section 160.27, subdivision 5.

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

The question was taken on the repassage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Smith
Anderson, B. Finseth      Knoblach     Olson, E.    Solberg
Anderson, R. Frerichs     Koppendrayer Olson, M.    Stanek
Bakk         Garcia       Kraus        Onnen        Sviggum
Bertram      Girard       Krinkie      Opatz        Swenson, D.
Bettermann   Goodno       Larsen       Orenstein    Swenson, H.
Bishop       Greenfield   Leighton     Osskopp      Sykora
Boudreau     Greiling     Leppik       Osthoff      Tomassoni
Bradley      Haas         Lieder       Ostrom       Tompkins
Broecker     Hackbarth    Lindner      Otremba      Trimble
Brown        Harder       Long         Ozment       Tuma
Carlson      Hasskamp     Lourey       Paulsen      Tunheim
Carruthers   Hausman      Luther       Pawlenty     Van Dellen
Clark        Holsten      Lynch        Pellow       Van Engen
Commers      Hugoson      Macklin      Pelowski     Vickerman
Cooper       Huntley      Mahon        Perlt        Wagenius

JOURNAL OF THE HOUSE - 28th Day - Top of Page 864
Daggett Jaros Mares Peterson Weaver Dauner Jefferson Mariani Pugh Wejcman Davids Jennings Marko Rhodes Wenzel Dawkins Johnson, A. McCollum Rice Winter Dehler Johnson, R. McElroy Rostberg Wolf Delmont Johnson, V. McGuire Rukavina Worke Dempsey Kahn Milbert Sarna Workman Dorn Kalis Molnau Schumacher Sp.Anderson,I Entenza Kelley Mulder Seagren Erhardt Kinkel Murphy Skoglund
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 amendment the concurrence of the House is respectfully requested:

H. F. No. 5, A bill for an act relating to health and human services; authorizing welfare reform; childhood immunization; social services programs; recovery of funds; requesting federal waivers for programs; employment, education, and training programs; allocation and use of funds; coverage of health services; child support; data collection and disclosure; tax credits; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 2; 256.01, subdivision 11, and by adding subdivisions; 256.031, subdivision 3; 256.035, subdivision 6d; 256.73, subdivision 8, and by adding subdivisions; 256.736, subdivisions 3, 3a, 4a, 5, 10, 10a, 16, and by adding a subdivision; 256.737, subdivisions 1a and 2; 256.74, by adding a subdivision; 256.81; 256.87, subdivisions 1, 1a, and 5; 256.979, by adding a subdivision; 256.983, subdivision 1; 256B.0625, subdivision 13; 256D.03, subdivision 4; 256D.05, subdivisions 1 and 6; 256D.051, subdivisions 1, 1a, 2, 3, 3a, 3b, 6, 6b, 8, 9, 17, and by adding a subdivision; 256D.052, subdivision 3; 256D.09, subdivision 2a, and by adding subdivisions; and 518.575; proposing coding for new law in Minnesota Statutes, chapters 256; 256B; 256D; and 268; repealing Minnesota Statutes 1994, sections 256.734; 256D.051, subdivisions 10, 13, 14, and 15; 256D.052, subdivisions 1, 2, and 4; 256D.065; 256D.091; 256D.101; 256D.111; and 256D.113.

Patrick E. Flahaven, Secretary of the Senate

Anderson, R., moved that the House refuse to concur in the Senate amendments to H. F. No. 5, that the Speaker appoint a Conference Committee of 5 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.

CONSENT CALENDAR

H. F. No. 396 was reported to the House.

Tompkins moved that H. F. No. 396 be placed upon General Orders. The motion prevailed.

H. F. No. 812, A bill for an act relating to natural resources; broadening the uses permitted for emergency materials and equipment; amending Minnesota Statutes 1994, section 88.065.

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

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

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Murphy       Skoglund
Anderson, B. Finseth      Knoblach     Ness         Smith
Anderson, R. Frerichs     Koppendrayer Olson, E.    Solberg
Bakk         Garcia       Kraus        Olson, M.    Stanek
Bertram      Girard       Krinkie      Onnen        Sviggum
Bettermann   Goodno       Larsen       Opatz        Swenson, D.
Bishop       Greenfield   Leighton     Orenstein    Swenson, H.
Boudreau     Greiling     Leppik       Osskopp      Sykora
Bradley      Haas         Lieder       Osthoff      Tomassoni
Broecker     Hackbarth    Lindner      Ostrom       Tompkins
Brown        Harder       Long         Otremba      Trimble
Carlson      Hasskamp     Lourey       Ozment       Tuma
Carruthers   Hausman      Luther       Paulsen      Tunheim
Clark        Holsten      Lynch        Pawlenty     Van Dellen
Commers      Hugoson      Macklin      Pellow       Van Engen
Cooper       Huntley      Mahon        Pelowski     Vickerman
Daggett      Jaros        Mares        Perlt        Wagenius
Dauner       Jefferson    Mariani      Peterson     Weaver
Davids       Jennings     Marko        Pugh         Wejcman
Dawkins      Johnson, A.  McCollum     Rhodes       Wenzel
Dehler       Johnson, R.  McElroy      Rice         Winter

JOURNAL OF THE HOUSE - 28th Day - Top of Page 865
Delmont Johnson, V. McGuire Rostberg Wolf Dempsey Kahn Milbert Rukavina Worke Dorn Kalis Molnau Sarna Workman Entenza Kelley Mulder Schumacher Sp.Anderson,I Erhardt Kinkel Munger Seagren
The bill was passed and its title agreed to.

H. F. No. 974, A bill for an act relating to health; modifying certain fee payment time schedules; amending Minnesota Statutes 1994, section 144.98, subdivision 3.

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

The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 975, A bill for an act relating to health; modifying the definition of home care service; modifying home care service information requirements; amending Minnesota Statutes 1994, sections 144A.43, subdivision 3; and 144A.47.

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

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, E.    Solberg
Anderson, B. Frerichs     Kraus        Olson, M.    Stanek
Anderson, R. Garcia       Krinkie      Onnen        Sviggum
Bakk         Girard       Larsen       Opatz        Swenson, D.
Bertram      Goodno       Leighton     Orenstein    Swenson, H.
Bettermann   Greenfield   Leppik       Osskopp      Sykora
Bishop       Greiling     Lieder       Osthoff      Tomassoni
Boudreau     Haas         Lindner      Ostrom       Tompkins
Bradley      Hackbarth    Long         Otremba      Trimble
Broecker     Harder       Lourey       Ozment       Tuma
Carlson      Hasskamp     Luther       Paulsen      Tunheim
Carruthers   Hausman      Lynch        Pawlenty     Van Dellen
Clark        Holsten      Macklin      Pellow       Van Engen
Commers      Hugoson      Mahon        Pelowski     Vickerman
Cooper       Huntley      Mares        Perlt        Wagenius
Daggett      Jaros        Mariani      Peterson     Weaver
Dauner       Jefferson    Marko        Pugh         Wejcman
Davids       Jennings     McCollum     Rhodes       Wenzel
Dawkins      Johnson, A.  McElroy      Rice         Winter
Dehler       Johnson, R.  McGuire      Rostberg     Wolf
Delmont      Johnson, V.  Milbert      Rukavina     Worke

JOURNAL OF THE HOUSE - 28th Day - Top of Page 866
Dempsey Kalis Molnau Sarna Workman Dorn Kelley Mulder Schumacher Sp.Anderson,I Entenza Kinkel Munger Seagren Erhardt Knight Murphy Skoglund Farrell Knoblach Ness Smith
The bill was passed and its title agreed to.

S. F. No. 318, A bill for an act relating to insurance; changing the date on which crop hail insurance rates must be filed with the commissioner; amending Minnesota Statutes 1994, section 60A.32; repealing Minnesota Statutes 1994, section 70A.06, subdivision 5.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding printed Special Orders for today, Wednesday, March 22, 1995:

H. F. Nos. 833, 365, 479, 1015, 1018, 843, 446 and 1011.


JOURNAL OF THE HOUSE - 28th Day - Top of Page 867

SPECIAL ORDERS

H. F. No. 833 was reported to the House.

Long moved to amend H. F. No. 833, the first engrossment, as follows:

Page 7, line 8, delete "1998" and insert "1999"

The motion prevailed and the amendment was adopted.

Pawlenty moved to amend H. F. No. 833, the first engrossment, as amended, as follows:

Delete page 3, line 17 to page 4, line 13

Renumber the sections in sequence

Correct internal cross references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Pawlenty amendment and the roll was called. There were 61 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Kraus        Osskopp      Tompkins
Anderson, B. Girard       Krinkie      Ozment       Tuma
Bettermann   Goodno       Larsen       Paulsen      Van Dellen
Boudreau     Haas         Lindner      Pawlenty     Van Engen
Bradley      Hackbarth    Lynch        Pellow       Vickerman
Broecker     Harder       Macklin      Pelowski     Weaver
Commers      Holsten      Mares        Rostberg     Wolf
Daggett      Hugoson      McElroy      Seagren      Worke
Davids       Jennings     Molnau       Smith        Workman 
Dehler       Johnson, V.  Mulder       Stanek       
Dempsey      Knight       Ness         Sviggum      
Erhardt      Knoblach     Olson, M.    Swenson, H.  
Finseth      Koppendrayer Onnen        Sykora       
Those who voted in the negative were:

Anderson, R. Garcia       Leighton     Olson, E.    Simoneau
Bakk         Greenfield   Leppik       Opatz        Skoglund
Bertram      Greiling     Lieder       Orenstein    Solberg
Brown        Hasskamp     Long         Osthoff      Swenson, D.
Carlson      Hausman      Lourey       Ostrom       Tomassoni
Carruthers   Huntley      Luther       Otremba      Trimble
Clark        Jaros        Mahon        Perlt        Tunheim
Cooper       Jefferson    Mariani      Peterson     Wagenius
Dauner       Johnson, A.  Marko        Pugh         Wejcman
Dawkins      Johnson, R.  McCollum     Rest         Wenzel
Delmont      Kahn         McGuire      Rhodes       Winter
Dorn         Kalis        Milbert      Rukavina     Sp.Anderson,I
Entenza      Kelley       Munger       Sarna        
Farrell      Kinkel       Murphy       Schumacher   
The motion did not prevail and the amendment was not adopted.


JOURNAL OF THE HOUSE - 28th Day - Top of Page 868

H. F. No. 833, A bill for an act relating to local government; modifying certain provisions relating to comprehensive municipal planning in the metropolitan area; amending Minnesota Statutes 1994, sections 103B.235, subdivisions 3,

5, and by adding a subdivision; 462.355, by adding a subdivision; 462.357, subdivision 2; 473.858, subdivision 1; 473.859, subdivisions 1, 2, and 5; 473.864, subdivision 2; and 473.867, by adding a subdivision.

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 79 yeas and 50 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kraus        Murphy       Schumacher
Bakk         Greenfield   Larsen       Ness         Simoneau
Bertram      Greiling     Leighton     Opatz        Skoglund
Bishop       Hasskamp     Leppik       Orenstein    Solberg
Brown        Hausman      Lieder       Osthoff      Swenson, D.
Carlson      Holsten      Long         Ostrom       Tomassoni
Carruthers   Huntley      Lourey       Otremba      Trimble
Clark        Jaros        Luther       Pelowski     Tunheim
Cooper       Jefferson    Mahon        Perlt        Vickerman
Dauner       Johnson, A.  Mares        Peterson     Wagenius
Dawkins      Johnson, R.  Mariani      Pugh         Weaver
Delmont      Kahn         Marko        Rest         Wejcman
Dorn         Kalis        McCollum     Rhodes       Wenzel
Entenza      Kelley       McGuire      Rice         Winter
Farrell      Kinkel       Milbert      Rukavina     Sp.Anderson,I
Frerichs     Koppendrayer Munger       Sarna        
Those who voted in the negative were:

Abrams       Dempsey      Johnson, V.  Olson, M.    Stanek
Anderson, B. Erhardt      Knight       Onnen        Sviggum
Bettermann   Finseth      Knoblach     Osskopp      Sykora
Boudreau     Girard       Krinkie      Ozment       Tompkins
Bradley      Goodno       Lindner      Paulsen      Tuma
Broecker     Haas         Lynch        Pawlenty     Van Dellen
Commers      Hackbarth    Macklin      Pellow       Van Engen
Daggett      Harder       McElroy      Rostberg     Wolf
Davids       Hugoson      Molnau       Seagren      Worke
Dehler       Jennings     Mulder       Smith        Workman 
The bill was passed, as amended, and its title agreed to.

H. F. No. 365 was reported to the House.

Mares moved to amend H. F. No. 365 as follows:

Page 1, after line 17, insert:

"Sec. 2. [STUDY.]

The commissioner of commerce shall study the appropriateness of the application of Minnesota Statutes section 65B.47, subdivision 1, to drivers of taxis only, and not passengers, and report to the legislature by January 1, 1996."

Page 1, line 18, delete "2" and insert "3"

The motion prevailed and the amendment was adopted.

H. F. No. 365, A bill for an act relating to insurance; no-fault auto; regulating priorities of coverage for taxis; amending Minnesota Statutes 1994, section 65B.47, subdivision 1a.

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


JOURNAL OF THE HOUSE - 28th Day - Top of Page 869

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

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

H. F. No. 479 was reported to the House.

Davids moved to amend H. F. No. 479, the first engrossment, as follows:

Page 2, line 5, after the period, insert "Within these areas, the following described land must be managed primarily for public trout fishing and trout fishing management by fisheries managers of the division of fish and wildlife: In that portion of Section 25, Township 102 North, Range 12 West, added to the park by this subdivision, a strip of land 264 feet in width lying 132 feet on each side of the center line of the stream located on, and flowing through, the land. The fisheries management activities that may be engaged in include, but are not limited to, fisheries habitat improvement, both instream and on adjacent land, together with necessary access to the stream and adjacent land."

The motion prevailed and the amendment was adopted.

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 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 127 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Smith
Anderson, B. Finseth      Knoblach     Olson, E.    Solberg

JOURNAL OF THE HOUSE - 28th Day - Top of Page 870
Anderson, R. Frerichs Koppendrayer Olson, M. Stanek Bakk Garcia Kraus Onnen Sviggum Bertram Girard Krinkie Opatz Swenson, D. Bettermann Goodno Larsen Orenstein Swenson, H. Bishop Greenfield Leighton Osskopp Sykora Boudreau Greiling Leppik Ostrom Tomassoni Bradley Haas Lieder Otremba Tompkins Broecker Hackbarth Lindner Ozment Tuma Brown Harder Long Paulsen Tunheim Carlson Hasskamp Lourey Pawlenty Van Dellen Carruthers Hausman Luther Pellow Van Engen Clark Holsten Lynch Pelowski Vickerman Commers Hugoson Macklin Perlt Wagenius Cooper Huntley Mahon Peterson Weaver Daggett Jaros Mares Pugh Wejcman Dauner Jefferson Mariani Rest Wenzel Davids Jennings Marko Rhodes Winter Dawkins Johnson, A. McElroy Rice Wolf Dehler Johnson, R. McGuire Rostberg Worke Delmont Johnson, V. Milbert Rukavina Workman Dempsey Kahn Molnau Sarna Sp.Anderson,I Dorn Kalis Mulder Schumacher Entenza Kelley Munger Seagren Erhardt Kinkel Murphy Skoglund
Those who voted in the negative were:

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

Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.

GENERAL ORDERS

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

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 5:

Anderson, R.; Van Engen; Vickerman; Lourey and Jennings.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, March 23, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, March 23, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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