Swenson, D., was excused until 10:40 a.m. Clark was excused until 10:45 a.m. Munger was excused until 11:15 a.m.

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

The following communications were received:

March 28, 1996

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. 697, relating to insurance; long-term care; permitting the sale of policies with longer waiting periods with disclosure to the purchaser.

H. F. No. 2127, relating to human services.

H. F. No. 2298, relating to government efficiency; extending the effective period of certain exemptions granted by the board of government innovation and cooperation; authorizing multimember school board election districts.

Warmest regards,

Arne H. Carlson

Governor

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 1996 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.             1996      1996

697 389 10:06 a.m. March 28 March 28

1996 391 10:20 a.m. March 28 March 28

2127 392 10:08 a.m. March 28 March 28

2298 394 10:15 a.m. March 28 March 28

Sincerely,

Joan Anderson Growe

Secretary of State

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

H. F. No. 2164, A bill for an act relating to special transportation services; requiring the metropolitan council and the commissioner of human services to establish a task force on service coordination.

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

The report was adopted.

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

S. F. No. 2340, A bill for an act relating to crime prevention; defining the crime of motor vehicle operation resulting in bodily harm; prescribing penalties; amending Minnesota Statutes 1994, section 609.21, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 86B.331, subdivision 4, is amended to read:

Subd. 4. [EVIDENCE.] (a) Upon the trial of a prosecution arising out of acts alleged to have been committed by a person arrested for operating or being in physical control of a motorboat in violation of subdivision 1, paragraph (a), or an ordinance in conformity with it, the court may admit evidence of the amount of alcohol or a controlled substance in the person's blood, breath, or urine as shown by an analysis of those items.

(b) For the purposes of this subdivision:

(1), evidence that there was at the time an alcohol concentration of 0.05 or less is prima facie evidence that the person was not under the influence of alcohol; and

(2) evidence that there was at the time an alcohol concentration of more than 0.05 and less than 0.10 0.04 or more is relevant evidence in indicating whether or not the person was under the influence of alcohol.

(c) Evidence of the refusal to take a preliminary screening test required under subdivision 3 or a chemical test required under section 86B.335 is admissible into evidence in a prosecution under this section or an ordinance in conformity with it.

(d) This subdivision does not limit the introduction of other competent evidence bearing upon the question of whether or not the person violated this section, including tests obtained more than two hours after the alleged violation and results obtained from partial tests on an infrared breath-testing instrument. A result from a partial test is the measurement obtained by analyzing one adequate breath sample. A sample is adequate if the instrument analyzes the sample and does not indicate the sample is deficient.

(e) If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of subdivision 1, paragraph (a), clause (5), that the defendant consumed a sufficient quantity of alcohol after the time of operating or physical control of a motorboat and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed 0.10. Provided, that this evidence may not be admitted unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter.

Sec. 2. Minnesota Statutes 1994, section 169.01, is amended by adding a subdivision to read:

Subd. 82. [CONTROLLED SUBSTANCE.] "Controlled substance" has the meaning given in section 152.01, subdivision 4.

Sec. 3. Minnesota Statutes 1994, section 169.01, is amended by adding a subdivision to read:

Subd. 83. [HAZARDOUS SUBSTANCE.] "Hazardous substance" means any chemical or chemical compound that is listed as a hazardous substance in rules adopted under chapter 182.

Sec. 4. Minnesota Statutes 1994, section 169.121, subdivision 1, is amended to read:

Subdivision 1. [CRIME; ACTS PROHIBITED.] It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or upon the ice of any boundary water of this state under any of the following circumstances:

(a) when the person is under the influence of alcohol;

(b) when the person is under the influence of a controlled substance, as defined in section 152.01, subdivision 4;

(c) when the person is under the influence of a combination of any two or more of the elements named in clauses (a), (b), and (f);

(d) when the person's alcohol concentration is 0.10 or more;

(e) when the person's alcohol concentration as measured within two hours of the time of driving, operating, or being in physical control of the motor vehicle is 0.10 or more; or

(f) when the person is knowingly under the influence of any chemical compound or combination of chemical compounds that is listed as a hazardous substance in rules adopted under section 182.655 and that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle; or

(g) when the person's body contains any amount of a controlled substance listed in schedule I or II.

Sec. 5. Minnesota Statutes 1994, section 169.121, subdivision 1c, is amended to read:

Subd. 1c. [CONDITIONAL RELEASE.] Unless maximum bail is imposed under section 629.471, subdivision 2, a person charged with violating subdivision 1 within ten years of the first of three prior impaired driving convictions or within the person's lifetime after four or more prior impaired driving convictions may be released from detention only if the following conditions are imposed in addition to the other conditions of release ordered by the court:

(1) the impoundment of the registration plates of the vehicle used to commit the violation, unless already impounded;

(2) a requirement that the alleged violator report weekly to a probation agent;

(3) a requirement that the alleged violator abstain from consumption of alcohol and controlled substances and submit to random, weekly alcohol tests or urine analyses; and

(4) a requirement that, if convicted, the alleged violator reimburse the court or county for the total cost of these services.

Sec. 6. Minnesota Statutes 1994, section 169.121, subdivision 2, is amended to read:

Subd. 2. [EVIDENCE.] (a) Upon the trial of any prosecution arising out of acts alleged to have been committed by any person arrested for driving, operating, or being in physical control of a motor vehicle in violation of subdivision 1, the court may admit evidence of the presence or amount of alcohol or a, controlled substance substances, or hazardous substances in the person's blood, breath, or urine as shown by an analysis of those items.

(b) For the purposes of this subdivision, evidence that there was at the time an alcohol concentration of 0.04 or more is relevant evidence in indicating whether or not the person was under the influence of alcohol.

(c) Evidence of the refusal to take a test is admissible into evidence in a prosecution under this section or an ordinance in conformity with it.

(d) If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of subdivision 1, clause (e), that the defendant consumed a sufficient quantity of alcohol after the time of actual driving, operating, or physical control of a motor vehicle and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed 0.10. Provided, that this evidence may not be admitted unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter. Evidence that the defendant consumed alcohol after the time of actual driving, operating, or being in physical control of a motor vehicle shall not be admitted in defense to any alleged violation of this section unless notice is given to the prosecution at least five days prior to the omnibus or pretrial hearing in the matter.

(e) If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of subdivision 1, clause (g), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.

(f) The foregoing provisions do not limit the introduction of any other competent evidence bearing upon the question whether or not the person violated this section, including tests obtained more than two hours after the alleged violation and results obtained from partial tests on an infrared breath-testing instrument. A result from a partial test is the measurement obtained by analyzing one adequate breath sample, as defined in section 169.123, subdivision 2b, paragraph (b).

Sec. 7. Minnesota Statutes 1994, section 169.121, subdivision 3, is amended to read:

Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this subdivision:

(1) "prior impaired driving conviction" means a prior conviction under this section; section 84.91, subdivision 1, paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 360.0752; 609.21, subdivision 1, clauses (2) to (4) (6); 609.21, subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a, clauses (2) to (4) (6); 609.21, subdivision 3, clauses (2) to (4) (6); 609.21, subdivision 4, clauses (2) to (4) (6); or an ordinance from this state, or a statute or ordinance from another state in conformity with any of them. A prior impaired driving conviction also includes a prior juvenile adjudication that would have been a prior impaired driving conviction if committed by an adult; and

(2) "prior license revocation" means a driver's license suspension, revocation, or cancellation under this section; section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 because of an alcohol-related incident; 609.21, subdivision 1, clauses (2) to (4) (6); 609.21, subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a, clauses (2) to (4) (6); 609.21, subdivision 3, clauses (2) to (4) (6); or 609.21, subdivision 4, clauses (2) to (4) (6).

(b) A person who violates subdivision 1 or 1a, or an ordinance in conformity with either of them, is guilty of a misdemeanor.

(c) A person is guilty of a gross misdemeanor under any of the following circumstances:

(1) the person violates subdivision 1 within five years of a prior impaired driving conviction, or within ten years of the first of two or more prior impaired driving convictions;

(2) the person violates subdivision 1a within five years of a prior license revocation, or within ten years of the first of two or more prior license revocations;

(3) the person violates section 169.26 while in violation of subdivision 1; or

(4) the person violates subdivision 1 or 1a while a child under the age of 16 is in the vehicle, if the child is more than 36 months younger than the violator; or

(5) the person violates subdivision 1 or 1a while in violation of section 169.797.

(d) The attorney in the jurisdiction in which the violation occurred who is responsible for prosecution of misdemeanor violations of this section shall also be responsible for prosecution of gross misdemeanor violations of this section.

(e) The court must impose consecutive sentences when it sentences a person for a violation of this section or section 169.29 arising out of separate behavioral incidents. The court also must impose a consecutive sentence when it sentences a person for a violation of this section or section 169.129 and the person, at the time of sentencing, is on

probation for, or serving, an executed sentence for a violation of this section or section 169.29 and the prior sentence involved a separate behavioral incident. The court also may order that the sentence imposed for a violation of this section or section 169.29 shall run consecutively to a previously imposed misdemeanor, gross misdemeanor or felony sentence for a violation other than this section or section 169.129.

(f) The court may impose consecutive sentences for offenses arising out of a single course of conduct as permitted in section 609.035, subdivision 2.

(g) When an attorney responsible for prosecuting gross misdemeanors under this section requests criminal history information relating to prior impaired driving convictions from a court, the court must furnish the information without charge.

(g) (h) A violation of subdivision 1a may be prosecuted either in the jurisdiction where the arresting officer observed the defendant driving, operating, or in control of the motor vehicle or in the jurisdiction where the refusal occurred.

Sec. 8. Minnesota Statutes 1994, section 169.121, subdivision 4, is amended to read:

Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner of public safety shall revoke the driver's license of a person convicted of violating this section or an ordinance in conformity with it as follows:

(1) first for an offense under subdivision 1: not less than 30 days;

(2) first for an offense under subdivision 1a: not less than 90 days;

(3) second offense in less than five years, or third or subsequent offense on the record for an offense occurring within five years after a prior impaired driving conviction or a prior license revocation, or any time after the first of two or more prior impaired driving convictions or prior license revocations: (i) if the current conviction is for a violation of subdivision 1, not less than 180 days and until the court has certified that treatment or rehabilitation has been successfully completed where prescribed in accordance with section 169.126; or (ii) if the current conviction is for a violation of subdivision 1a, not less than one year and until the court has certified that treatment or rehabilitation has been successfully completed where prescribed in accordance with section 169.126;

(4) third offense in less than five years for an offense occurring within five years after the first of two prior impaired driving convictions or prior license revocations: not less than one year, together with denial under section 171.04, subdivision 1, clause (8), until rehabilitation is established in accordance with standards established by the commissioner;

(5) fourth or subsequent offense on the record for an offense occurring any time after the first of three or more prior impaired driving convictions or prior license revocations: not less than two years, together with denial under section 171.04, subdivision 1, clause (8), until rehabilitation is established in accordance with standards established by the commissioner.

(b) If the person convicted of violating this section is under the age of 21 years, the commissioner of public safety shall revoke the offender's driver's license or operating privileges for a period of six months or for the appropriate period of time under paragraph (a), clauses (1) to (5), for the offense committed, whichever is the greatest period.

(c) For purposes of this subdivision, a juvenile adjudication under this section, section 169.129, an ordinance in conformity with either of them, or a statute or ordinance from another state in conformity with either of them is an offense.

(d) Whenever department records show that the violation involved personal injury or death to any person, not less than 90 additional days shall be added to the base periods provided above.

(e) Except for a person whose license has been revoked under paragraph (b), and except for a person who commits a violation described in subdivision 3, paragraph (c), clause (4), (child endangerment), any person whose license has been revoked pursuant to section 169.123 as the result of the same incident, and who does not have a prior impaired driving conviction or prior license revocation as defined in subdivision 3 within the previous ten years, is subject to the mandatory revocation provisions of paragraph (a), clause (1) or (2), in lieu of the mandatory revocation provisions of section 169.123.

(f) As used in this subdivision, the terms "prior impaired driving conviction" and "prior license revocation" have the meanings given in subdivision 3, paragraph (a).

Sec. 9. Minnesota Statutes 1994, section 169.121, subdivision 6, is amended to read:

Subd. 6. [PRELIMINARY SCREENING TEST.] (a) When a peace officer has reason to believe from the manner in which a person is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or has violated subdivision 1 or section 169.1211, the officer may require the driver to provide a sample of the driver's breath for a preliminary screening test using a device approved by the commissioner of public safety for this purpose.

(b) The results of this preliminary screening test shall be used for the purpose of deciding whether an arrest should be made and whether to require the tests authorized in section 169.123, but shall not be used in any court action except (1) to prove that a test was properly required of a person pursuant to section 169.123, subdivision 2; (2) in a civil action arising out of the operation or use of the motor vehicle; (3) in an action for license reinstatement under section 171.19; or (4) in a prosecution or juvenile court proceeding concerning a violation of section 340A.503, subdivision 1, paragraph (a), clause (2).

(c) Following the screening test additional tests may be required of the driver pursuant to the provisions of section 169.123.

(d) The driver who refuses to furnish a sample of the driver's breath is subject to the provisions of section 169.123 unless, in compliance with section 169.123, the driver submits to a blood, breath or urine test to determine the presence or amount of alcohol or a, controlled substance substances, or hazardous substances.

Sec. 10. Minnesota Statutes 1994, section 169.121, subdivision 10a, is amended to read:

Subd. 10a. [CIVIL ACTION; PUNITIVE DAMAGES.] In a civil action involving a motor vehicle accident, it is sufficient for the trier of fact to consider an award of punitive damages if there is evidence that the accident was caused by a driver:

(1) with a blood an alcohol concentration of .10 or more,;

(2) who was under the influence of a controlled substance, or;

(3) who was under the influence of alcohol and refused to take a test required under section 169.123, subdivision 2, is sufficient for the trier of fact to consider an award of punitive damages; or

(4) who was knowingly under the influence of a hazardous substance that substantially affects the person's nervous system, brain, or muscles so as to impair the person's ability to drive or operate a motor vehicle.

A criminal charge or conviction is not a prerequisite to consideration of punitive damages under this subdivision. At the trial in an action where the trier of fact will consider an award of punitive damages, evidence that the driver has been convicted of violating this section, section 169.129, or 609.21 is admissible into evidence.

Sec. 11. [169.1218] [UNDERAGE DRINKING AND DRIVING.]

(a) It is a misdemeanor for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body.

(b) When a person is found to have committed an offense under paragraph (a), the court shall notify the commissioner of public safety of its determination. Upon receipt of the court's determination, the commissioner shall suspend the person's driver's license or operating privileges for 30 days, or for 180 days if the person has previously been found to have violated paragraph (a) or a statute or ordinance in conformity with paragraph (a).

(c) If the person's conduct violates section 169.121, subdivision 1, or 169.1211, the penalties and license sanctions in those laws apply instead of the license sanction in paragraph (b).

(d) An offense under paragraph (a) may be prosecuted either at the place where consumption occurs or the place where evidence of consumption is observed.

Sec. 12. Minnesota Statutes 1994, section 169.123, subdivision 2, is amended to read:

Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] (a) Any person who drives, operates, or is in physical control of a motor vehicle within this state or upon the ice of any boundary water of this state consents, subject to the provisions of this section and sections 169.121 and 169.1211, to a chemical test of that person's blood, breath, or urine for the purpose of determining the presence of alcohol or a, controlled substance substances, or hazardous substances. The test shall be administered at the direction of a peace officer. The test may be required of a person when an officer has probable cause to believe the person was driving, operating, or in physical control of a motor vehicle in violation of section 169.121 and one of the following conditions exist:

(1) the person has been lawfully placed under arrest for violation of section 169.121, or an ordinance in conformity with it;

(2) the person has been involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section 169.121, subdivision 6; or

(4) the screening test was administered and indicated an alcohol concentration of 0.10 or more.

The test may also be required of a person when an officer has probable cause to believe the person was driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol.

(b) At the time a test is requested, the person shall be informed:

(1) that Minnesota law requires the person to take a test: (i) to determine if the person is under the influence of alcohol or, controlled substances, or hazardous substances; (ii) to determine the presence of a controlled substance or, listed in schedule I or II; and (iii) if the motor vehicle was a commercial motor vehicle, that Minnesota law requires the person to take a test to determine the presence of alcohol;

(2) that refusal to take a test is a crime;

(3) if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that a test will be taken with or without the person's consent; and

(4) that the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.

(c) The peace officer who requires a test pursuant to this subdivision may direct whether the test shall be of blood, breath, or urine. Action may be taken against a person who refuses to take a blood test only if an alternative test was offered and action may be taken against a person who refuses to take a urine test only if an alternative test was offered.

Sec. 13. Minnesota Statutes 1994, section 169.123, subdivision 2a, is amended to read:

Subd. 2a. [REQUIREMENT OF URINE OR BLOOD TEST.] Notwithstanding subdivision 2, a blood or urine test may be required even after a breath test has been administered if there is probable cause to believe that: (1) there is impairment by a controlled substance or hazardous substance that is not subject to testing by a breath test; or (2) a controlled substance that is not subject to testing by a breath test, a urine or blood test may be required even after a breath test has been administered listed in schedule I or II is present in the person's body. Action may be taken against a person who refuses to take a blood test under this subdivision only if a urine test was offered and action may be taken against a person who refuses to take a urine test only if a blood test was offered.

Sec. 14. Minnesota Statutes 1994, section 169.123, subdivision 3, is amended to read:

Subd. 3. [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) Only a physician, medical technician, physician's trained mobile intensive care paramedic, registered nurse, medical technologist or laboratory assistant acting at the request of a peace officer may withdraw blood for the purpose of determining the presence of alcohol or, controlled substance substances, or hazardous substances. This limitation does not apply to the taking of a breath or urine sample. The person tested has the right to have someone of the person's own choosing administer a chemical

test or tests in addition to any administered at the direction of a peace officer; provided, that the additional test sample on behalf of the person is obtained at the place where the person is in custody, after the test administered at the direction of a peace officer, and at no expense to the state.

(b) The failure or inability to obtain an additional test or tests by a person shall not preclude the admission in evidence of the test taken at the direction of a peace officer unless the additional test was prevented or denied by the peace officer.

(c) The physician, medical technician, physician's trained mobile intensive care paramedic, medical technologist, laboratory assistant or registered nurse drawing blood at the request of a peace officer for the purpose of determining alcohol the concentration of alcohol, controlled substances, or hazardous substances shall in no manner be liable in any civil or criminal action except for negligence in drawing the blood. The person administering a breath test shall be fully trained in the administration of breath tests pursuant to training given by the commissioner of public safety.

Sec. 15. Minnesota Statutes 1994, section 169.123, subdivision 4, is amended to read:

Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a person refuses to permit a test, none shall be given, but the peace officer shall report the refusal to the commissioner of public safety and the authority having responsibility for prosecution of misdemeanor offenses for the jurisdiction in which the acts occurred. However, if a peace officer has probable cause to believe that the person has violated section 609.21, a test may be required and obtained despite the person's refusal. A refusal to submit to an alcohol concentration test does not constitute a violation of section 609.50, unless the refusal was accompanied by force or violence or the threat of force or violence.

(b) If a person submits to a test and the test results indicate an alcohol concentration of 0.10 or more or the presence of a controlled substance listed in schedule I or II, or if a person was driving, operating, or in physical control of a commercial motor vehicle and the test results indicate an alcohol concentration of 0.04 or more, the results of the test shall be reported to the commissioner of public safety and to the authority having responsibility for prosecution of misdemeanor offenses for the jurisdiction in which the acts occurred.

(c) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle while under the influence of alcohol or a controlled substance in violation of section 169.121 and that the person refused to submit to a test, the commissioner of public safety shall revoke the person's license or permit to drive, or nonresident operating privilege, for a period of one year even if a test was obtained pursuant to this section after the person refused to submit to testing.

(d) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol in violation of section 169.121 or 169.1211, and that the person refused to submit to a test, the commissioner shall disqualify the person from operating a commercial motor vehicle for a period of one year under section 171.165 and shall revoke the person's license or permit to drive or nonresident operating privilege for a period of one year.

(e) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating or in physical control of a motor vehicle while under the influence of alcohol or a controlled substance in violation of section 169.121 and that the person submitted to a test and the test results indicate an alcohol concentration of 0.10 or more or the presence of a controlled substance listed in schedule I or II, the commissioner of public safety shall revoke the person's license or permit to drive, or nonresident operating privilege,

(1) for: (1) a period of 90 days; or

(2) if the person is under the age of 21 years, for a period of six months; or

(3) if the person's driver's license or driving privileges have been revoked for a person with a prior impaired driving conviction or prior license revocation within the past five years under this section or section 169.121, for a period of 180 days.

(f) On certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a commercial motor vehicle with any presence of alcohol and that the person submitted to a test and the test results indicated an alcohol concentration of 0.04 or more, the commissioner of public safety shall disqualify the person from operating a commercial motor vehicle under section 171.165.

(g) If the person is a resident without a license or permit to operate a motor vehicle in this state, the commissioner of public safety shall deny to the person the issuance of a license or permit for the same period after the date of the alleged violation as provided herein for revocation, subject to review as hereinafter provided.

(h) As used in this subdivision, the terms "prior impaired driving conviction" and "prior license revocation" have the meanings given in section 169.121, subdivision 3, paragraph (a).

Sec. 16. Minnesota Statutes 1994, section 169.123, subdivision 6, is amended to read:

Subd. 6. [HEARING.] (a) A hearing under this section shall be before a municipal or county district judge, in any county in the judicial district where the alleged offense occurred. The hearing shall be to the court and may be conducted at the same time and in the same manner as hearings upon pretrial motions in the criminal prosecution under section 169.121, if any. The hearing shall be recorded. The commissioner of public safety shall appear and be represented by the attorney general or through the prosecuting authority for the jurisdiction involved. The hearing shall be held at the earliest practicable date, and in any event no later than 60 days following the filing of the petition for review. The judicial district administrator shall establish procedures to ensure efficient compliance with the provisions of this subdivision. To accomplish this, the administrator may, whenever possible, consolidate and transfer review hearings among the county courts within the judicial district.

(b) The scope of the hearing shall be limited to the issues of in clauses (1) to (9):

(1) whether Did the peace officer had have probable cause to believe the person was driving, operating, or in physical control of:

(i) a motor vehicle while under the influence of alcohol or a controlled substance, in violation of section 169.121; or

(ii) a commercial motor vehicle with any presence of alcohol, and whether in violation of section 169.1211?

(2) Was the person was lawfully placed under arrest for violation of section 169.121 or 169.1211, or?

(3) Was the person was involved in a motor vehicle accident or collision resulting in property damage, personal injury or death, or?

(4) Did the person refused refuse to take a screening test provided for by section 169.121, subdivision 6, or?

(5) If the screening test was administered and recorded, did the test indicate an alcohol concentration of 0.10 or more; and?

(2) whether (6) At the time of the request for the test, did the peace officer informed inform the person of the person's rights and the consequences of taking or refusing the test as required by subdivision 2; and?

(3) either (a) whether (7) Did the person refused refuse to permit the test, or (b) whether?

(8) If a test was taken and:

(i) by a person driving, operating, or in physical control of a motor vehicle, did the test results indicated indicate an alcohol concentration of 0.10 or more at the time of testing, or the presence of a controlled substance listed in schedule I or II; or if a test was taken

(ii) by a person driving, operating, or in physical control of a commercial motor vehicle and, did the test results indicated indicate an alcohol concentration of 0.04 or more at the time of testing; whether?

(9) Was the testing method used was valid and reliable; and whether were the test results were accurately evaluated.?

(c) It shall be an affirmative defense for the petitioner to prove that, at the time of the refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.

(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports, records, documents, licenses and certificates shall be admissible as substantive evidence.

(e) The court shall order that the revocation or disqualification be either rescinded or sustained and forward the order to the commissioner of public safety. The court shall file its order within 14 days following the hearing. If the revocation or disqualification is sustained, the court shall also forward the person's driver's license or permit to the commissioner of public safety for further action by the commissioner of public safety if the license or permit is not already in the commissioner's possession.

Sec. 17. Minnesota Statutes 1994, section 169.129, is amended to read:

169.129 [AGGRAVATED VIOLATIONS; PENALTY.]

Any person is guilty of a gross misdemeanor who drives, operates, or is in physical control of a motor vehicle, the operation of which requires a driver's license, within this state or upon the ice of any boundary water of this state in violation of section 169.121 or an ordinance in conformity with it before the person's driver's license or driver's privilege has been reinstated following its cancellation, suspension, revocation, or denial under any of the following: section 169.121, 169.1211, or 169.123; section 171.04, 171.14, 171.16, 171.17, or 171.18 because of an alcohol-related incident; section 609.21, subdivision 1, clauses (2) to (4) (6); 609.21, subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a, clauses (2) to (4) (6); 609.21, subdivision 3, clauses (2) to (4) (6); or 609.21, subdivision 4, clauses (2) to (4) (6).

The attorney in the jurisdiction in which the violation of this section occurred who is responsible for prosecution of misdemeanor violations of section 169.121 shall also be responsible for prosecution of violations of this section.

Sec. 18. Minnesota Statutes 1994, section 169.791, is amended by adding a subdivision to read:

Subd. 5a. [CONSECUTIVE SENTENCES.] The court may impose consecutive sentences for offenses arising out of a single course of conduct as permitted in section 609.035, subdivision 2.

Sec. 19. Minnesota Statutes 1994, section 169.797, subdivision 4, is amended to read:

Subd. 4. [PENALTY.] (a) A person who violates this section is guilty of a misdemeanor. A person is guilty of a gross misdemeanor who violates this section within ten years of the first of two prior convictions under this section, section 169.791, or a statute or ordinance in conformity with one of those sections. The operator of a vehicle who violates subdivision 3 and who causes or contributes to causing a vehicle accident that results in the death of any person or in substantial bodily harm to any person, as defined in section 609.02, subdivision 7a, is guilty of a gross misdemeanor. The same prosecuting authority who is responsible for prosecuting misdemeanor violations of this section is responsible for prosecuting gross misdemeanor violations of this section. In addition to any sentence of imprisonment that the court may impose on a person convicted of violating this section, the court shall impose a fine of not less than $200 nor more than the maximum amount authorized by law. The court may allow community service in lieu of any fine imposed if the defendant is indigent.

(b) The court may impose consecutive sentences for offenses arising out of a single course of conduct as permitted in section 609.035, subdivision 2.

(c) In addition to the criminal penalty, the driver's license of an operator convicted under this section shall be revoked for not more than 12 months. If the operator is also an owner of the vehicle, the registration of the vehicle shall also be revoked for not more than 12 months. Before reinstatement of a driver's license or registration, the operator shall file with the commissioner of public safety the written certificate of an insurance carrier authorized to do business in this state stating that security has been provided by the operator as required by section 65B.48.

(c) (d) The commissioner shall include a notice of the penalties contained in this section on all forms for registration of vehicles required to maintain a plan of reparation security.

Sec. 20. Minnesota Statutes 1995 Supplement, section 171.18, subdivision 1, is amended to read:

Subdivision 1. [OFFENSES.] The commissioner may suspend the license of a driver without preliminary hearing upon a showing by department records or other sufficient evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required upon conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance regulating traffic and department records show that the violation contributed in causing an accident resulting in the death or personal injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would be grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may not suspend a person's driver's license based solely on the fact that the person possessed a fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4; or

(11) has failed to report a medical condition that, if reported, would have resulted in cancellation of driving privileges; or

(12) has been found to have committed an offense under section 169.1218, paragraph (a).

However, an action taken by the commissioner under clause (2) or (5) must conform to the recommendation of the court when made in connection with the prosecution of the licensee.

Sec. 21. Minnesota Statutes 1994, section 171.30, is amended by adding a subdivision to read:

Subd. 2b. [WAITING PERIODS FOR YOUTH UNDER 18.] If a person whose driver's license was suspended or revoked for a violation listed under subdivision 2 or 2a is under the age of 18 years at the time of that violation, the commissioner shall not issue a limited license to the person for a period of time that is the longest of: (1) 90 days; or (2) twice the length of the period specified for that violation in subdivision 2 or 2a.

Sec. 22. [171.302] [LICENSE VIOLATIONS; CONSECUTIVE SENTENCING.]

When sentencing an offender for violating section 171.20, subdivision 2; 171.24; or 171.30, the court may impose consecutive sentences for offenses arising out of a single course of conduct as permitted in section 609.035, subdivision 2.

Sec. 23. Minnesota Statutes 1995 Supplement, section 340A.503, subdivision 1, is amended to read:

Subdivision 1. [CONSUMPTION.] (a) It is unlawful for any:

(1) retail intoxicating liquor or nonintoxicating liquor licensee, municipal liquor store, or bottle club permit holder under section 340A.414, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or

(2) person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian.

(b) An offense under paragraph (a), clause (2), may be prosecuted either at the place where consumption occurs or the place where evidence of consumption is observed.

(c) When a person is convicted of or adjudicated for an offense under paragraph (a), clause (2), the court shall determine whether the person consumed the alcohol while operating a motor vehicle. If so, the court shall notify the commissioner of public safety of its determination. Upon receipt of the court's determination, the commissioner shall suspend the person's driver's license or operating privileges for 30 days, or for 180 days if the person has previously been convicted of or adjudicated for an offense under paragraph (a), clause (2).

(d) As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage.

Sec. 24. Minnesota Statutes 1994, section 360.0752, subdivision 1, is amended to read:

Subdivision 1. [DEFINITION DEFINITIONS.] As used in this section and section 360.0753,:

(1) "operate" includes the acts of all crew members with responsibility to operate the aircraft;

(2) "controlled substance" has the meaning given in section 152.01, subdivision 4; and

(3) "hazardous substance" means any chemical or chemical compound that is listed as a hazardous substance in rules adopted under chapter 182.

Sec. 25. Minnesota Statutes 1994, section 360.0752, subdivision 2, is amended to read:

Subd. 2. [CRIME; ACTS PROHIBITED.] (a) It is a crime for any person to operate or attempt to operate an aircraft on or over land or water within this state or over any boundary water of this state under any of the following conditions:

(a) (1) when the person is under the influence of alcohol;

(b) (2) when the person is under the influence of a controlled substance, as defined in section 152.01, subdivision 4;

(c) (3) when the person is under the influence of a combination of any two or more of the elements named in clauses (a), (b) (1), (2), and (f) (6);

(d) (4) when the person's alcohol concentration is 0.04 or more;

(e) (5) when the person's alcohol concentration as measured within two hours of the time of operation or attempted operation is 0.04 or more;

(f) (6) when the person is knowingly under the influence of any chemical compound or combination of chemical compounds that is listed as a hazardous substance in rules adopted under section 182.655 and that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to operate the aircraft; or

(g) (7) when the person's body contains any amount of a controlled substance listed in schedule I or II; or

(8) within eight hours of having consumed any alcoholic beverage or used any controlled substance.

(b) If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of paragraph (a), clause (7), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.

Sec. 26. Minnesota Statutes 1994, section 360.0752, subdivision 5, is amended to read:

Subd. 5. [EVIDENCE.] Upon the trial of any prosecution arising out of acts alleged to have been committed by any person arrested for operating or attempting to operate an aircraft in violation of subdivision 2, the court may admit evidence of the presence or amount of alcohol or a, controlled substance substances, or hazardous substances in the person's blood, breath, or urine as shown by an analysis of those items.

Evidence of the refusal to take a test is admissible into evidence in a prosecution under this section.

If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of subdivision 2, clause (e) (5), that the defendant consumed a sufficient quantity of alcohol after the time of the violation and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed 0.04; provided, that this evidence may not be admitted unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter.

The foregoing provisions do not limit the introduction of any other competent evidence bearing upon the question whether or not the person violated this section, including tests obtained more than two hours after the alleged violation and results obtained from partial tests on an infrared breath-testing instrument. A result from a partial test is the measurement obtained by analyzing one adequate breath sample, as defined in section 360.0753, subdivision 4, paragraph (b).

Sec. 27. Minnesota Statutes 1994, section 360.0752, subdivision 6, is amended to read:

Subd. 6. [CRIMINAL PENALTIES.] (a) A person who violates subdivision 2, paragraph (a), clause (g); (8), or subdivision 3, is guilty of a misdemeanor.

(b) A person who violates subdivision 2, paragraph (a), clauses (a) to (f), (1) to (7) or subdivision 2a, is guilty of a gross misdemeanor.

(c) The attorney in the jurisdiction in which the violation occurred who is responsible for prosecution of misdemeanor violations shall also be responsible for prosecution of gross misdemeanor violations of this section.

Sec. 28. Minnesota Statutes 1994, section 360.0752, subdivision 7, is amended to read:

Subd. 7. [PRELIMINARY SCREENING TEST.] When a peace officer has reason to believe that a person may be violating or has violated subdivision 2, the officer may require the person to provide a sample of the person's breath for a preliminary screening test using a device approved by the commissioner of public safety or the commissioner of transportation for this purpose. The results of this preliminary screening test shall be used for the purpose of deciding whether to require the tests authorized in section 360.0753, but shall not be used in any court action except to prove that a test was properly required of a person pursuant to section 360.0753. Following the screening test, additional tests may be required of the person pursuant to the provisions of section 360.0753.

A person who refuses to furnish a sample of the person's breath is subject to the provisions of section 360.0753 unless, in compliance with section 360.0753, the person submits to a blood, breath, or urine test to determine the presence or amount of alcohol or a, controlled substance substances, or hazardous substances.

Sec. 29. Minnesota Statutes 1994, section 360.0753, subdivision 2, is amended to read:

Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE OF TEST.] (a) Any person who operates or attempts to operate an aircraft in or over this state or over any boundary water of this state consents, subject to the provisions of this section and section 360.0752, to a chemical test of that person's blood, breath, or urine for the purpose of determining the presence or amount of alcohol or a, controlled substance substances, or hazardous substances. The test shall be administered at the direction of a peace officer. The test may be required of a person when an officer has probable cause to believe the person was operating or attempting to operate an aircraft in violation of section 360.0752 and one of the following conditions exists:

(1) the person has been lawfully placed under arrest for violation of section 360.0752;

(2) the person has been involved in an aircraft accident or collision resulting in property damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section 360.0752;

(4) the screening test was administered and recorded an alcohol concentration of 0.04 or more or the presence of a controlled substance listed in schedule I or II; or

(5) the officer had probable cause to believe that the person was operating or attempting to operate an aircraft with any amount of alcohol present in the person's body.

(b) At the time a test is requested, the person shall be informed:

(1) that Minnesota law requires the person to take a test to determine the presence or amount of alcohol or a controlled substance listed in schedule I or II or to determine if the person is under the influence of alcohol or a, controlled substance substances, or hazardous substances;

(2) that whether a test is taken or refused, the person may be subject to criminal prosecution for an alcohol or, controlled substance, or hazardous substance related offense relating to the operation of an aircraft;

(3) that if testing is refused, the person may be subject to criminal prosecution because the person refused testing and the person will be disqualified from operating an aircraft for a minimum period of one year;

(4) if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that a test will be taken with or without the person's consent; and

(5) that the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.

(c) The peace officer who requires a test pursuant to this subdivision may direct whether the test shall be of blood, breath, or urine. Action may be taken against a person who refuses to take a blood test only if an alternative test was offered, and action may be taken against a person who refuses to take a urine test only if an alternative test was offered.

Sec. 30. Minnesota Statutes 1994, section 360.0753, subdivision 3, is amended to read:

Subd. 3. [REQUIREMENT OF URINE OR BLOOD TEST.] Notwithstanding subdivision 2, a blood or urine test may be required even after a breath test has been administered if there is probable cause to believe that: (1) there is impairment by a controlled substance or hazardous substance that is not subject to testing by a breath test; or blood test may be required even after a breath test has been administered (2) a controlled substance listed in schedule I or II is present in the person's body. Action may be taken against a person who refuses to take a blood test under this subdivision only if a urine test was offered, and action may be taken against a person who refuses to take a urine test only if a blood test was offered.

Sec. 31. Minnesota Statutes 1994, section 360.0753, subdivision 6, is amended to read:

Subd. 6. [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) Only a physician, medical technician, physician's trained mobile intensive care paramedic, registered nurse, medical technologist, or laboratory assistant acting at the request of a peace officer may withdraw blood for the purpose of determining the presence or amount of alcohol or, controlled substance substances, or hazardous substances. This limitation does not apply to the taking of a breath or urine sample. The person tested has the right to have someone of the person's own choosing administer a chemical test or tests in addition to any administered at the direction of a peace officer; provided, that the additional test sample on behalf of the person is obtained at the place where the person is in custody, after the test administered at the direction of a peace officer, and at no expense to the state.

(b) The failure or inability to obtain an additional test or tests by a person shall not preclude the admission in evidence of the test taken at the direction of a peace officer unless the additional test was prevented or denied by the peace officer.

(c) The physician, medical technician, physician's trained mobile intensive care paramedic, medical technologist, laboratory assistant, or registered nurse drawing blood at the request of a peace officer for the purpose of determining alcohol the presence or concentration of alcohol, controlled substances, or hazardous substances shall in no manner be liable in any civil or criminal action except for negligence in drawing the blood. The person administering a breath test shall be fully trained in the administration of breath tests pursuant to training given by the commissioner of public safety or the commissioner of transportation.

Sec. 32. Minnesota Statutes 1994, section 609.21, is amended to read:

609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.]

Subdivision 1. [CRIMINAL VEHICULAR HOMICIDE.] Whoever causes the death of a human being not constituting murder or manslaughter as a result of operating a motor vehicle,

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol,;

(ii) a controlled substance,; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 or more; or

(4) while having an alcohol concentration of 0.10 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance; or

(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II is present in the person's body,

is guilty of criminal vehicular homicide resulting in death and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

Subd. 2. [RESULTING IN GREAT BODILY HARM.] Whoever causes great bodily harm to another, not constituting attempted murder or assault, as a result of operating a motor vehicle,

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol,;

(ii) a controlled substance,; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 or more; or

(4) while having an alcohol concentration of 0.10 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance; or

(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II is present in the person's body,

is guilty of criminal vehicular operation resulting in great bodily harm and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Subd. 2a. [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever causes substantial bodily harm to another, as a result of operating a motor vehicle,

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol,;

(ii) a controlled substance,; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 or more; or

(4) while having an alcohol concentration of 0.10 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance; or

(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II is present in the person's body,

is guilty of criminal vehicular operation resulting in substantial bodily harm and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $10,000, or both.

Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever causes the death of an unborn child as a result of operating a motor vehicle,

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol,;

(ii) a controlled substance,; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 or more; or

(4) while having an alcohol concentration of 0.10 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance; or

(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II is present in the person's body,

is guilty of criminal vehicular operation resulting in death to an unborn child and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. A prosecution for or conviction of a crime under this subdivision is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] Whoever causes great bodily harm to an unborn child who is subsequently born alive, as a result of operating a motor vehicle,

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol,;

(ii) a controlled substance,; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.10 or more; or

(4) while having an alcohol concentration of 0.10 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance; or

(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II is present in the person's body,

is guilty of criminal vehicular operation resulting in injury to an unborn child and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. A prosecution for or conviction of a crime under this subdivision is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

Subd. 4a. [AFFIRMATIVE DEFENSE.] It shall be an affirmative defense to a charge under subdivisions 1, clause (6); 2, clause (6); 2a, clause (6); 3, clause (6); or 4, clause (6), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.

Subd. 5. [DEFINITION DEFINITIONS.] For purposes of this section, the terms defined in this subdivision have the meanings given them.

(a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1.

(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

(c) "Hazardous substance" means any chemical or chemical compound that is listed as a hazardous substance in rules adopted under chapter 182.

Sec. 33. Minnesota Statutes 1994, section 629.471, subdivision 2, is amended to read:

Subd. 2. [QUADRUPLE THE FINE.] (a) For offenses under sections 169.09, 169.121, 169.129, 171.24, paragraph (c), 609.2231, subdivision 2, 609.487, and 609.525, the maximum cash bail that may be required for a person charged with a misdemeanor or gross misdemeanor violation is quadruple the highest cash fine that may be imposed for the offense.

(b) Unless the court imposes the conditions of release specified in section 169.121, subdivision 1c, the court must impose maximum bail when releasing a person from detention who has been charged with violating section 169.121, subdivision 1, if the person has three prior impaired driving convictions within the previous ten years or four or more prior impaired driving convictions in the person's lifetime. As used in this subdivision, "prior impaired driving conviction" has the meaning given in section 169.121, subdivision 3.

Sec. 34. [DRUG RECOGNITION TRAINING FOR PEACE OFFICERS; REPORT.]

(a) For purposes of this section, the following terms have the meanings given them:

(1) "drug" has the meaning given in Minnesota Statutes, section 151.01, subdivision 5;

(2) "drug recognition expert" means a peace officer who is certified by the International Association of chiefs of police to conduct the 12-step drug evaluation and classification process; and

(3) "12-step drug evaluation and classification process" means the systematic, standardized investigative procedure defined by the National Highway Traffic Safety Administration that is used to determine whether a driver is impaired, whether the impairment relates to drugs or a medical condition and, if drug related, the category of drugs likely to have caused the impairment.

(b) The board of peace officer standards and training, in consultation with the department of public safety, the Minnesota state patrol, the Minnesota chiefs of police, the Minnesota sheriffs' association, and the National Highway Traffic Safety Administration, shall develop a plan for requiring drug recognition training for peace officers. The goals of the plan are:

(1) to ensure that peace officers employed in traffic patrol activities are educated about the need to use a certified drug recognition expert to evaluate a person whom the officer reasonably suspects has been driving while impaired by drugs;

(2) to ensure that a sufficient number of peace officers are certified as drug recognition experts; and

(3) to ensure that drug recognition experts are available statewide at all time periods to evaluate suspected drug-impaired drivers.

(c) To accomplish paragraph (b), clause (1), the plan must consider the feasibility of making a basic level of drug recognition training a mandatory requirement for all new peace officer candidates and an in-service option for current peace officers.

(d) To the extent practicable, the plan must present alternative training requirement scenarios and timetables associated with different levels of training resources. The board shall report this plan to the legislature by January 16, 1997.

Sec. 35. [EFFECTIVE DATES.]

(a) Section 34 is effective the day after final enactment.

(b) Sections 1 to 3, 5, 6, paragraphs (a) to (d) and (f), 7, 9 to 11, 14, 17 to 23, and 33 are effective August 1, 1996, for crimes committed on or after that date.

(c) Sections 4, 6, paragraph (e), 8, 12, 13, 15, 16, and 24 to 32, are effective August 1, 1997, for crimes committed on or after that date.

(d) The commissioner of public safety may consider violations occurring before August 1, 1997, as prior impaired driving convictions or prior license revocations under sections 8 and 15, except that violations of Minnesota Statutes, section 84.91 or 86B.331 occurring before August 1, 1994, may not be so considered."

Amend the title accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. No. 2164 was read for the second time.

S. F. No. 2340 was read for the second time.

The following House Files were introduced:

Murphy introduced:

H. F. No. 3279, A bill for an act relating to liquor; modifying time of day restrictions for the off-sale of intoxicating liquor; amending Minnesota Statutes, section 340A.504, subdivision 4.

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

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

H. F. No. 3280, A resolution memorializing the President and Congress to increase the federal minimum wage.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Jefferson, Sviggum, Kahn, Smith and Tomassoni introduced:

H. F. No. 3281, A bill for an act relating to retirement; increasing pension benefit accrual rates; adjusting financing for pension plans; adding supplemental financial conditions information for pension funds; authorizing defined contribution early retirement options; reducing appropriations; appropriating money; amending Minnesota Statutes 1994, sections 3A.02, subdivision 4; 3A.07; 11A.18, subdivision 9; 273.1398, by adding a subdivision; 352.04, subdivision 3; 352.115, subdivision 3; 352.72, subdivision 2; 352.92, subdivisions 1 and 2; 352.93, subdivisions 2, 3, and by adding a subdivision; 352.95, subdivisions 1 and 5; 352B.30, by adding a subdivision; 352C.031, subdivision 4; 352C.033; 353.01, subdivisions 2a and 2b; 353.27, subdivisions 2 and 3a; 353.29, subdivision 3; 353.651, subdivision 3; 353.656, subdivision 1; 353.71, subdivision 2; 353A.08, subdivision 1; 353C.06, subdivisions 3, 4, and by adding a subdivision; 353C.08, subdivision 1; 353C.09; 354.42, subdivisions 2, 3, and 5; 354.53, subdivision 1; 354.55, subdivision 11; 354A.12, subdivisions 2a; 3a; and 3c; 356.215, subdivisions 1 and 4, and by adding a subdivision; 356.25; 356.88, by adding a

subdivision; and 490.124, subdivision 1; Minnesota Statutes 1995 Supplement, sections 3A.02, subdivision 1; 352B.08, subdivision 2; 352B.10, subdivision 1; 352D.02, subdivision 1; 353A.083, by adding a subdivision; 354.44, subdivision 6; 354A.12, subdivisions 1 and 3b; 354A.27, subdivision 5; 354A.31, subdivisions 4 and 4a; 356.215, subdivision 4d; and 356.30, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 124A; 352; 352C; 352E; and 356; repealing Minnesota Statutes 1994, sections 356.70; and 356.88, subdivision 2.

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

Orenstein introduced:

H. F. No. 3282, A bill for an act proposing an amendment to the Minnesota Constitution, article I, adding a section to provide that the right to keep and bear arms shall not be abridged.

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

Orenstein introduced:

H. F. No. 3283, 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.

Orenstein introduced:

H. F. No. 3284, A bill for an act proposing an amendment to the Minnesota Constitution, article I; providing that the right of citizens to bear arms for certain purposes is fundamental and shall not be abridged.

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

Orenstein introduced:

H. F. No. 3285, A bill for an act proposing an amendment to the Minnesota Constitution, article I, adding a section to provide that the right to keep and bear arms shall not be abridged.

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

Orenstein introduced:

H. F. No. 3286, A bill for an act proposing an amendment to the Minnesota Constitution, article I, adding a section to provide that the right to keep and bear arms shall not be abridged.

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

Jennings introduced:

H. F. No. 3287, A bill for an act relating to utilities; allowing certain electric service connections with utilities not having the assigned service area; amending Minnesota Statutes, section 216B.42, subdivision 1.

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

Orenstein introduced:

H. F. No. 3288, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; affirming the right of citizens to hunt or take game and fish.

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

Orenstein introduced:

H. F. No. 3289, A bill for an act proposing an amendment to the Minnesota Constitution, article I, by adding a section; affirming the right of citizens to hunt or take game and fish.

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

Orenstein introduced:

H. F. No. 3290, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, by adding a section; affirming the right of citizens to hunt or take game and fish.

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

The following House Advisory was introduced:

Ozment, Munger, Hausman and Leppik introduced:

H. A. No. 33, A proposal for a hearing on reusing, reducing, and recycling used carpet.

The advisory was referred to the Committee on Environment and Natural Resources.

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 532, A bill for an act relating to veterans; proposing an amendment to the Minnesota Constitution, article XIII, section 8, permitting the payment of a monetary bonus to veterans of the Persian Gulf War.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 66, A bill for an act relating to occupations and professions; establishing the board of licensed professional counseling; requiring professional counselors to be licensed; requiring certain actions against occupational therapists to be commenced within two years; providing certain exceptions from X-ray operation examination requirements; requiring rulemaking; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 148A.01, subdivision 5; 541.07; and 609.341, subdivision 17; Minnesota Statutes 1995 Supplement, sections 116J.70, subdivision 2a; 144.121, subdivision 5; 148B.60, subdivision 3; 214.01, subdivision 2; and 214.04, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 148B.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2112, A bill for an act relating to the environment; authorizing establishment of municipal individual sewage treatment system and contaminated well loan programs; proposing coding for new law in Minnesota Statutes, chapter 115.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2156, A bill for an act relating to education; prekindergarten through grade 12; providing for general education; transportation; special programs; community education; facilities; organization and cooperation; education excellence; other education programs and financing; education policy provisions; libraries; state agencies; technology; conforming amendments; budget reserve and cost management; appropriating money; amending Minnesota Statutes 1994, sections 120.06, subdivision 1; 120.08, subdivision 3; 120.101, by adding a subdivision; 120.17, subdivision 9; 120.1701, subdivision 10; 120.73, subdivision 1; 121.11, subdivision 15; 121.8355, subdivision 1; 121.906; 121.914, subdivision 1; 121.915; 122.32, subdivision 1; 122.535, subdivision 6; 122.895, subdivision 2; 123.35, subdivision 19a; 123.351, subdivision 10; 123.3514, subdivision 9; 123.37, subdivision 1a; 123.38, subdivisions 2 and 2b; 123.932, subdivisions 1b, 1c, 1e, and 11; 123.933, as amended; 123.935, subdivisions 2 and 7; 123.951; 124.09; 124.155, subdivision 1; 124.17, subdivision 1e, and by adding subdivisions; 124.19, subdivision 1; 124.195, subdivision 8; 124.239, subdivision 5, and by adding subdivisions; 124.2711, subdivision 6; 124.2713, subdivision 10; 124.273, by adding subdivisions; 124.311, subdivisions 2, 3, 5, and 7; 124.48, subdivision 3; 124.573, subdivisions 2e, 2f, and 3; 124.86, subdivision 1; 124.91, subdivision 1, and by adding a subdivision; 124.912, subdivision 6; 124.916, subdivision 4; 124A.02, subdivision 25; 124A.029, subdivision 4; 124A.03, subdivisions 2b, 3b, and by adding a subdivision; 124A.0311, subdivision 3; 124A.035, subdivision 4; 124A.036, by adding a subdivision; 124A.22, by adding a subdivision; 124A.26, subdivision 1; 125.05, subdivision 1a, and by adding a subdivision; 125.09, subdivision 4; 125.1385, subdivision 1; 125.185, subdivision 4; 125.60, subdivision 2; 125.611, subdivision 1; 126.151, subdivision 2; 127.29, subdivision 2; 134.34, by adding a subdivision; 136D.23, subdivision 1; 136D.83, subdivision 1; 144.4165; 169.4504, by adding a subdivision; and 256.736, subdivision 11; Minnesota Statutes 1995 Supplement, sections 13.46, subdivision 2; 43A.316, subdivision 2; 65B.132; 120.064, subdivision 9; 120.1045; 120.17, subdivisions 3a, 3b, and 6; 120.1701, subdivision 20; 120.181; 120.74, subdivision 1; 121.11, subdivision 7c; 121.15, subdivision 1; 121.904, subdivisions 4a and 4c; 121.911, subdivision 5; 121.917, subdivision 4; 121.935, subdivision 1a; 123.3514, subdivisions 6 and 6b; 124.155, subdivision 2; 124.17, subdivisions 1 and 1d; 124.195, subdivision 12; 124.223, subdivision 4; 124.225, subdivisions 8l, 14, 16, and 17; 124.227; 124.243, subdivision 2; 124.2445; 124.2455; 124.248, subdivisions 1, 1a, 2, and 3; 124.273, subdivisions 1c and 1d; 124.314, subdivision 2; 124.32, subdivision 12; 124.3201, subdivisions 1, 2, 3, and by adding subdivisions; 124.3202; 124.323, subdivisions 1 and 2; 124.574, subdivisions 2f and 2g; 124.71, subdivision 2; 124.912, subdivision 1; 124.961; 124A.0311, subdivision 2; 124A.22, subdivisions 2a, 10, and 13b; 124A.23, subdivision 4; 124C.74, subdivisions 2 and 3; 125.05, subdivision 1; 126.12, subdivision 2; 126.151, subdivision 1; 126.22, subdivisions 2 and 5; 126.70, subdivision 1; 134.46; 169.01, subdivision 6; 237.065; and 631.40, subdivision 1a; Laws 1993, chapter 224, article 1, section 34; article 12, sections 32, as amended; 39, as amended; and 41, as amended; Laws 1995, First Special Session chapter 3, article 1, sections 61; and 63; article 3, section 19, subdivision 15; article 4, section 29, subdivision 5; article 5, section 20, subdivisions 5 and 6; article 6, section 17, subdivisions 2, 4, and by adding subdivisions; article 8, sections 25, subdivision 2; and 27; article 11, sections 21, subdivision 2; 22; and 23; article 12, sections 8, subdivision 1; and 12, subdivision 7; article 14, section 5; and article 15, section 26, subdivisions 7 and 10; proposing coding for new law in Minnesota Statutes, chapters 120; 121; 123; 124; 124A; 124C; 125; 126; and 136D; repealing Minnesota Statutes 1994, sections 124A.03, subdivision 3b; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; and 136D.75; Minnesota Statutes 1995 Supplement, sections 120.1045, subdivision 3; 124B.01; 124B.03; and 124B.20, subdivision 1; Minnesota Rules, parts 8700.7700; 8700.7710; 8750.9000; 8750.9100; 8750.9200; 8750.9300; 8750.9400; 8750.9500; 8750.9600; and 8750.9700.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2207, A bill for an act relating to the environment; adopting changes to the Midwest Interstate Compact on Low-Level Radioactive Waste; making conforming changes; amending Minnesota Statutes 1994, sections 116C.831; 116C.832, subdivision 1, and by adding a subdivision; 116C.833, subdivision 2; 116C.834, subdivision 1, and by adding a subdivision; 116C.835, subdivision 6; 116C.836, subdivision 2; and 116C.842, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 116C; repealing Minnesota Statutes 1994, sections 116C.832, subdivisions 2, 7, and 8; 116C.837; 116C.839; 116C.840, subdivision 3; 116C.841; 116C.842, subdivisions 1, 2, and 3; 116C.845; 116C.846; 116C.847; and 116C.848.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 374, A bill for an act relating to utilities; exempting large electric power generating plant from certificate of need proceeding when selected by the public utilities commission from a bidding process to select resources to meet the utility's projected energy demand; amending Minnesota Statutes 1994, section 216B.2422, subdivision 5.

The Senate has appointed as such committee:

Mr. Novak; Mses. Johnson, J. B., and Lesewski.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 1800, A bill for an act relating to local government; requiring a sustainable development planning guide and a model ordinance to be developed for local government use by the office of strategic and long-range planning; adopting principles of sustainable development; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 4A.

The Senate has appointed as such committee:

Ms. Johnson, J. B.; Messrs. Morse and Laidig.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2816, A bill for an act relating to consumer privacy; regulating the use and dissemination of personally identifiable information on consumers of computer information services; amending Minnesota Statutes 1994, section 13.99, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 13D.

The Senate has appointed as such committee:

Mr. Mondale; Mses. Runbeck and Ranum.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of 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. 2042, A bill for an act relating to the human rights act; providing that making certain equal opportunities in athletic programs available on the basis of sex is not an unfair discriminatory practice; amending Minnesota Statutes 1994, section 363.02, subdivision 4.

Patrick E. Flahaven, Secretary of the Senate

Kahn moved that the House concur in the Senate amendments to H. F. No. 2042 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2042, A bill for an act relating to the human rights act; providing that making certain equal opportunities in athletic programs available on the basis of sex is not an unfair discriminatory practice; amending Minnesota Statutes 1994, section 363.02, subdivision 4.

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 111 yeas and 16 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Koppendrayer Olson, E.    Solberg
Anderson, R. Finseth      Kraus        Onnen        Stanek
Bakk         Garcia       Larsen       Opatz        Sviggum
Bertram      Goodno       Leighton     Orenstein    Swenson, H.
Bettermann   Greenfield   Leppik       Orfield      Sykora
Bishop       Greiling     Lieder       Osskopp      Tomassoni
Boudreau     Gunther      Long         Osthoff      Tompkins
Bradley      Harder       Lourey       Ostrom       Trimble
Brown        Hasskamp     Luther       Otremba      Tuma
Carlson, L.  Hausman      Lynch        Ozment       Tunheim
Carlson, S.  Holsten      Macklin      Paulsen      Van Dellen
Carruthers   Huntley      Mahon        Pawlenty     Vickerman
Commers      Jaros        Mares        Pellow       Wagenius
Cooper       Jefferson    Mariani      Pelowski     Warkentin
Daggett      Jennings     Marko        Perlt        Weaver
Dauner       Johnson, A.  McCollum     Peterson     Wejcman
Dawkins      Johnson, R.  McElroy      Pugh         Wenzel
Dehler       Kahn         McGuire      Rest         Worke
Delmont      Kalis        Milbert      Rhodes       Sp.Anderson,I
Dempsey      Kelley       Molnau       Rostberg     
Dorn         Kelso        Mulder       Rukavina     
Entenza      Kinkel       Murphy       Sarna        
JOURNAL OF THE HOUSE - 109th Day - Top of Page 9285

Erhardt      Knoblach     Ness         Schumacher   

Anderson, B. Girard       Knight       Seagren      
Broecker     Haas         Krinkie      Van Engen    
Davids       Hackbarth    Lindner      Wolf         
Frerichs     Johnson, V.  Olson, M.    Workman      

Mr. Speaker:

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

S. F. No. 489, A bill for an act relating to civil actions; limiting punitive damages in cases involving products or devices approved by the FDA; amending Minnesota Statutes 1994, section 549.20, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. No. 2175, A bill for an act relating to retirement and public employment; modifying benefits for certain former participants in the Minnesota state retirement system; authorizing additional service credits for certain University of Minnesota hospital and clinics employees; authorizing additional augmentation for employees of the University of Minnesota hospital and clinics who terminate participation in the Minnesota state retirement system; imposing conditions protecting the rights of employees on any integration of the University of Minnesota hospital and clinics and Fairview hospital and healthcare services; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 352F; repealing Minnesota Statutes 1994, section 268.9783, subdivision 8.

Patrick E. Flahaven, Secretary of the Senate

Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 2101, A bill for an act relating to elections; allowing mail balloting in certain elections in additional cities and towns; amending Minnesota Statutes 1994, section 204B.45, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate refuses to adopt the Conference Committee report on House File 2204, and request that H. F. No. 2204 be returned to the Conference Committee as formerly constituted:

H. F. No. 2204, A bill for an act relating to civil actions; creating a nuisance action by individuals and neighborhood organizations; proposing coding for new law in Minnesota Statutes, chapter 617.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Dawkins moved that the vote whereby H. F. No. 2204 was repassed, as amended by Conference, be now reconsidered. The motion prevailed.

Dawkins moved that the vote whereby the House adopted the Conference Committee report on H. F. No. 2204 be now reconsidered. The motion prevailed.

Dawkins moved that H. F. No. 2204 be returned to the Conference Committee. The motion prevailed.

On the motion of Rukavina and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

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

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 2381, A bill for an act relating to telecommunications; regulating intrastate interLATA telecommunications services; proposing coding for new law in Minnesota Statutes, chapter 237.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Johnson, D. J.; Novak and Ms. Runbeck.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Jennings moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2381. The motion prevailed.

The following Conference Committee Reports were received:

A bill for an act relating to insurance; clarifying that existing law prohibits insurers from terminating agents as a result of contacts with any branch of government; amending Minnesota Statutes 1994, section 72A.20, subdivision 20.

March 27, 1996

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 3052, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendments and that H. F. No. 3052 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 72A.20, subdivision 20, is amended to read:

Subd. 20. [CONTACT WITH DEPARTMENT GOVERNMENT.] An insurance company may not terminate or otherwise penalize an insurance agent solely because the agent contacted any government department or agency regarding a problem that the agent or an insured may be having with an insurance company. For purposes of this section, "government department or agency" includes the executive, legislative, and judicial branches of government as stated in article III of the Constitution.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is a clarification of the legislature's intent in originally enacting Minnesota Statutes, section 72A.20, subdivision 20, and section 1 is therefore effective retroactively to May 18, 1989, which was the effective date of that statute as originally enacted."

Delete the title and insert:

"A bill for an act relating to insurance; clarifying that existing law prohibits insurers from terminating agents as a result of contacts with any branch of government; amending Minnesota Statutes 1994, section 72A.20, subdivision 20."

We request adoption of this report and repassage of the bill.

House Conferees: Don Ostrom, John Dorn and Gregory M. Davids.

Senate Conferees: John C. Hottinger, James P. Metzen and William V. Belanger, Jr.

Ostrom moved that the report of the Conference Committee on H. F. No. 3052 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 3052, A bill for an act relating to insurance; clarifying that existing law prohibits insurers from terminating agents as a result of contacts with any branch of government; amending Minnesota Statutes 1994, section 72A.20, subdivision 20.

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

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      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.
Boudreau     Greenfield   Leppik       Orfield      Sykora
Bradley      Greiling     Lieder       Osskopp      Tomassoni
Broecker     Gunther      Lindner      Osthoff      Tompkins
Brown        Haas         Long         Ostrom       Trimble
Carlson, L.  Hackbarth    Lourey       Otremba      Tuma
Carlson, S.  Harder       Luther       Ozment       Tunheim
Carruthers   Hasskamp     Lynch        Paulsen      Van Dellen
Clark        Hausman      Macklin      Pawlenty     Van Engen
Commers      Holsten      Mahon        Pellow       Vickerman
Cooper       Huntley      Mares        Pelowski     Wagenius
Daggett      Jefferson    Mariani      Perlt        Warkentin
Dauner       Jennings     Marko        Peterson     Weaver
Davids       Johnson, A.  McCollum     Pugh         Wejcman
Dawkins      Johnson, R.  McElroy      Rest         Wenzel
Dehler       Johnson, V.  McGuire      Rhodes       Winter
Delmont      Kahn         Milbert      Rostberg     Wolf
Dempsey      Kalis        Molnau       Rukavina     Worke
Dorn         Kelley       Mulder       Schumacher   Workman
Entenza      Kinkel       Munger       Seagren      Sp.Anderson,I
Erhardt      Knight       Murphy       Skoglund     

A bill for an act relating to motor vehicles; abolishing vehicle registration tax exemption for representatives of foreign powers; allowing special license plates for certain persons to be issued to owner of certain trucks; removing restriction on time to apply for disability plates; changing fee and certain administrative procedures relating to the registration program for fleet vehicles; abolishing requirements to keep records of motor vehicles not using the highways and to prepare certain unnecessary reports; making various technical changes; amending Minnesota Statutes 1994, sections 168.021, subdivision 1; 168.12, subdivisions 2a and 2b; 168.127; 168.325, subdivision 1; 168.33, subdivision 6; and 168.34; Minnesota Statutes 1995 Supplement, sections 168.012, subdivision 1; and 168.10, subdivision 1i; repealing Minnesota Statutes 1994, section 168.33, subdivisions 4 and 5.

March 27, 1996

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 2402, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendment and that H. F. No. 2402 be further amended as follows:

Page 1, after line 20, insert:

"Section 1. Minnesota Statutes 1994, section 65B.001, subdivision 5, is amended to read:

Subd. 5. [MOTORCYCLE.] "Motorcycle" means a self-propelled vehicle designed to travel on fewer than four wheels that has an engine rated at greater than five horsepower, and includes a trailer with one or more wheels, when the trailer is connected to or being towed by a motorcycle. For purposes of this chapter, motorcycle includes a motorized bicycle as defined in section 169.01, subdivision 4a, but does not include an electric-assisted bicycle as defined in section 169.01, subdivision 4b.

Sec. 2. Minnesota Statutes 1994, section 65B.43, subdivision 13, is amended to read:

Subd. 13. "Motorcycle" means a self-propelled vehicle designed to travel on fewer than four wheels which has an engine rated at greater than five horsepower, and includes (1) a trailer with one or more wheels, when the trailer is connected to or being towed by a motorcycle; and (2) a motorized bicycle as defined in section 169.01, subdivision 4a, but does not include an electric-assisted bicycle as defined in section 169.01, subdivision 4b.

Sec. 3. Minnesota Statutes 1994, section 168.011, subdivision 27, is amended to read:

Subd. 27. [MOTORIZED BICYCLE.] "Motorized bicycle" means a bicycle that is propelled by a motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. "Motorized bicycle" includes an electric-assisted bicycle as defined in section 169.01, subdivision 4b."

Page 10, after line 3, insert:

"Sec. 13. Minnesota Statutes 1994, section 169.01, subdivision 4a, is amended to read:

Subd. 4a. [MOTORIZED BICYCLE.] "Motorized bicycle" means a bicycle that is propelled by a motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. "Motorized bicycle" includes an electric-assisted bicycle as defined in subdivision 4b.

Sec. 14. Minnesota Statutes 1994, section 169.01, is amended by adding a subdivision to read:

Subd. 4b. [ELECTRIC-ASSISTED BICYCLE.] "Electric-assisted bicycle" means a motor vehicle with two or three wheels that:

(1) has a saddle and fully operable pedals for human propulsion;

(2) meets the requirements of federal motor vehicle safety standards in Code of Federal Regulations, title 49, sections 571.01 et seq.; and

(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii) is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is incapable of further increasing the speed of the device when human power alone is used to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or ceases to function when the vehicle's brakes are applied.

Sec. 15. Minnesota Statutes 1994, section 169.223, subdivision 1, is amended to read:

Subdivision 1. [SAFETY EQUIPMENT; PARKING.] Except as otherwise provided in this section, section 169.974 relating to motorcycles is applicable to motorized bicycles, except that:

(1) protective headgear includes headgear that meets the American National Standard for Protective Headgear for Bicyclists, ANSI Z90.4-1984, approved by the American National Standards Institute, Inc.;

(2) a motorized bicycle equipped with a headlight and taillight meeting the requirements of lighting for motorcycles may be operated during nighttime hours;

(3) except as provided in clause (5), protective headgear is not required for operators 18 years of age or older; and

(4) the provisions of section 169.222 governing the parking of bicycles apply to motorized bicycles;

(5) the operator of an electric-assisted bicycle must wear properly fitted and fastened headgear that meets the American National Standard for Protective Headgear for Bicyclists, ANSI Z90.4-1984, approved by the American National Standards Institute, Inc., when operating the electric-assisted bicycle on a street or highway; and

(6) eye protection devices are not required for operators of electric-assisted bicycles.

Sec. 16. Minnesota Statutes 1994, section 169.223, subdivision 5, is amended to read:

Subd. 5. [OTHER OPERATION REQUIREMENTS AND PROHIBITIONS.] (a) A person operating a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway except in one of the following situations:

(1) when overtaking and passing another vehicle proceeding in the same direction;

(2) when preparing for a left turn at an intersection or into a private road or driveway; or

(3) when reasonably necessary to avoid conditions, including fixed or moving objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make it unsafe to continue along the right-hand curb or edge.

(b) Persons operating motorized bicycles on a roadway may not ride more than two abreast and may not impede the normal and reasonable movement of traffic. On a laned roadway, a person operating a motorized bicycle shall ride within a single lane.

(c) This section does not permit the operation of a motorized bicycle on a bicycle path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic.

(d) Subject to the provisions of section 160.263, subdivision 3, a person may operate an electric-assisted bicycle on a bicycle lane. A person may operate an electric-assisted bicycle on the shoulder of a roadway if the electric-assisted bicycle is traveling in the same direction as the adjacent vehicular traffic.

Sec. 17. Minnesota Statutes 1994, section 171.01, subdivision 20, is amended to read:

Subd. 20. [MOTORIZED BICYCLE.] "Motorized bicycle" means a bicycle that is propelled by a motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. "Motorized bicycle" includes an electric-assisted bicycle as defined in section 169.01, subdivision 4b."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 11, after the semicolon, insert "defining motorized bicycles to include electric-assisted bicycles; providing for operation of electric-assisted bicycles;"

Page 1, line 13, after "sections" insert "65B.001, subdivision 5; 65B.43, subdivision 13; 168.011, subdivision 27;"

Page 1, line 15, delete "and" and after "168.34;" insert "169.01, subdivision 4a, and by adding a subdivision; 169.223, subdivisions 1 and 5; and 171.01, subdivision 20;"

We request adoption of this report and repassage of the bill.

House Conferees: Tom Osthoff, Phyllis Kahn and Ron Abrams.

Senate Conferees: Paula E. Hanson, Steve L. Murphy and William V. Belanger, Jr.

Osthoff moved that the report of the Conference Committee on H. F. No. 2402 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 2402, A bill for an act relating to motor vehicles; abolishing vehicle registration tax exemption for representatives of foreign powers; allowing special license plates for certain persons to be issued to owner of certain trucks; removing restriction on time to apply for disability plates; changing fee and certain administrative procedures relating to the registration program for fleet vehicles; abolishing requirements to keep records of motor vehicles not using the highways and to prepare certain unnecessary reports; making various technical changes; amending Minnesota Statutes 1994, sections 168.021, subdivision 1; 168.12, subdivisions 2a and 2b; 168.127; 168.325, subdivision 1; 168.33, subdivision 6; and 168.34; Minnesota Statutes 1995 Supplement, sections 168.012, subdivision 1; and 168.10, subdivision 1i; repealing Minnesota Statutes 1994, section 168.33, subdivisions 4 and 5.

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

The question was taken on the repassage of the bill and the roll was called.

Tuma moved that those not voting be excused from voting. The motion prevailed.

There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

A bill for an act relating to health; providing for the cancellation of recodification efforts; repealing Laws 1994, chapter 625, article 5, section 5, as amended.

March 27, 1996

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 2190, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendments and that H. F. No. 2190 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 62A.65, subdivision 3, is amended to read:

Subd. 3. [PREMIUM RATE RESTRICTIONS.] No individual health plan may be offered, sold, issued, or renewed to a Minnesota resident unless the premium rate charged is determined in accordance with the following requirements:

(a) Premium rates must be no more than 25 percent above and no more than 25 percent below the index rate charged to individuals for the same or similar coverage, adjusted pro rata for rating periods of less than one year. The premium variations permitted by this paragraph must be based only upon health status, claims experience, and occupation. For purposes of this paragraph, health status includes refraining from tobacco use or other actuarially valid lifestyle factors associated with good health, provided that the lifestyle factor and its effect upon premium rates have been determined by the commissioner to be actuarially valid and have been approved by the commissioner. Variations permitted under this paragraph must not be based upon age or applied differently at different ages. This paragraph does not prohibit use of a constant percentage adjustment for factors permitted to be used under this paragraph.

(b) Premium rates may vary based upon the ages of covered persons only as provided in this paragraph and paragraph (i). In addition to the variation permitted under paragraph (a), each health carrier may use an additional premium variation based upon age of up to plus or minus 50 percent of the index rate.

(c) A health carrier may request approval by the commissioner to establish no more than three geographic regions and to establish separate index rates for each region, provided that the index rates do not vary between any two regions by more than 20 percent. Health carriers that do not do business in the Minneapolis/St. Paul metropolitan area may request approval for no more than two geographic regions, and clauses (2) and (3) do not apply to approval of requests made by those health carriers. The commissioner may grant approval if the following conditions are met:

(1) the geographic regions must be applied uniformly by the health carrier;

(2) one geographic region must be based on the Minneapolis/St. Paul metropolitan area;

(3) for each geographic region that is rural, the index rate for that region must not exceed the index rate for the Minneapolis/St. Paul metropolitan area; and

(4) the health carrier provides actuarial justification acceptable to the commissioner for the proposed geographic variations in index rates, establishing that the variations are based upon differences in the cost to the health carrier of providing coverage.

(d) Health carriers may use rate cells and must file with the commissioner the rate cells they use. Rate cells must be based upon the number of adults or children covered under the policy and may reflect the availability of Medicare coverage. The rates for different rate cells must not in any way reflect generalized differences in expected costs between principal insureds and their spouses.

(e) In developing its index rates and premiums for a health plan, a health carrier shall take into account only the following factors:

(1) actuarially valid differences in rating factors permitted under paragraphs (a) and (b); and

(2) actuarially valid geographic variations if approved by the commissioner as provided in paragraph (c).

(f) All premium variations must be justified in initial rate filings and upon request of the commissioner in rate revision filings. All rate variations are subject to approval by the commissioner.

(g) The loss ratio must comply with the section 62A.021 requirements for individual health plans.

(h) The rates must not be approved, unless the commissioner has determined that the rates are reasonable. In determining reasonableness, the commissioner shall consider the growth rates applied under section 62J.04, subdivision 1, paragraph (b), to the calendar year or years that the proposed premium rate would be in effect, actuarially valid changes in risks associated with the enrollee populations, and actuarially valid changes as a result of statutory changes in Laws 1992, chapter 549.

(i) Separate premium rates for coverage of a child may, at the option of the health carrier and with the approval of the commissioner, be below the rates that would otherwise be permitted under paragraph (b). Those separate rates are not considered for purposes of determining the index rate. The maximum age of a child eligible for these separate rates may be any age selected by the health carrier and approved by the commissioner.

Sec. 2. Minnesota Statutes 1995 Supplement, section 62A.65, subdivision 5, is amended to read:

Subd. 5. [PORTABILITY OF COVERAGE.] (a) No individual health plan may be offered, sold, issued, or with respect to children age 18 or under renewed, to a Minnesota resident that contains a preexisting condition limitation, preexisting condition exclusion, or exclusionary rider, unless the limitation or exclusion is permitted under this subdivision, provided that, except for children age 18 or under, underwriting restrictions may be retained on individual contracts that are issued without evidence of insurability as a replacement for prior individual coverage that was sold before May 17, 1993. The individual may be subjected to an 18-month preexisting condition limitation, unless the individual has maintained continuous coverage as defined in section 62L.02. The individual must not be subjected to an exclusionary rider. An individual who has maintained continuous coverage may be subjected to a one-time preexisting condition limitation of up to 12 months, with credit for time covered under qualifying coverage as defined in section 62L.02, at the time that the individual first is covered under an individual health plan by any health carrier. Credit must be given for all qualifying coverage with respect to all preexisting conditions, regardless of whether the conditions were preexisting with respect to any previous qualifying coverage. The individual must not be subjected to an exclusionary rider. Thereafter, the individual must not be subject to any preexisting condition limitation, preexisting condition exclusion, or exclusionary rider under an individual health plan by any health carrier, except an unexpired portion of a limitation under prior coverage, so long as the individual maintains continuous coverage as defined in section 62L.02. For purposes of the 12-month and 18-month preexisting condition limitations referred to in this paragraph, "preexisting condition" has the meaning given in section 62L.02, subdivision 23.

(b) A health carrier must offer an individual health plan to any individual previously covered under a group health plan issued by that health carrier, regardless of the size of the group, so long as the individual maintained continuous coverage as defined in section 62L.02. The offer must not be subject to underwriting, except as permitted under this paragraph. A health plan issued under this paragraph must be a qualified plan as defined in section 62E.02 and must not contain any preexisting condition limitation, preexisting condition exclusion, or exclusionary rider, except for any unexpired limitation or exclusion under the previous coverage. The individual health plan must cover pregnancy on the same basis as any other covered illness under the individual health plan. The initial premium rate for the individual health plan must comply with subdivision 3. The premium rate upon renewal must comply with subdivision 2. In no event shall the premium rate exceed 90 percent of the premium charged for comparable individual coverage by the Minnesota comprehensive health association, and the premium rate must be less than that amount if necessary to otherwise comply with this section. An individual health plan offered under this paragraph to a person satisfies the health carrier's obligation to offer conversion coverage under section 62E.16, with respect to that person. Coverage issued under this paragraph must provide that it cannot be canceled or nonrenewed as a result of the health carrier's subsequent decision to leave the individual, small employer, or other group market. Section 72A.20, subdivision 28, applies to this paragraph.

Sec. 3. Minnesota Statutes 1995 Supplement, section 62J.042, subdivision 4, is amended to read:

Subd. 4. [MONITORING AND ENFORCEMENT.] Health care providers shall submit to the commissioner of health, in the form and at the times required by the commissioner, all information the commissioner determines to be necessary to implement and enforce this section. The commissioner shall regularly audit all health clinics employing or contracting with over 100 physicians. The commissioner shall also audit, at times and in a manner that does not interfere with delivery of patient care, a sample of smaller clinics and other health care providers. Providers that exceed revenue limits based on two-year average revenue data shall be required by the commissioner to pay back the amount exceeding the revenue limits during the following calendar year.

Pharmacists may adjust their revenue figures for increases in drug product costs that are set by the manufacturer. The commissioner shall consult with pharmacy groups, including pharmacies, wholesalers, drug manufacturers, health plans, and other interested parties, to determine the methodology for measuring and implementing the interim growth limits while taking into account the adjustments for drug product costs.

The commissioner shall monitor providers meeting the growth limits based on their current fees on an annual basis. The fee charged for each service must be based on a weighted average across 12 months and compared to the weighted average for the previous 12-month period. The percentage increase in the average fee from 1993 to 1994, and from 1994 to 1995, from 1995 to 1996, and from 1996 to 1997 is subject to the growth limits established under

section 62J.04, subdivision 1, paragraph (b). The percentage increase in the average fee from 1995 to 1996, and from 1996 to 1997 is subject to the change in the regional consumer price index for urban consumers for the previous year published in the State Register in January of the year that the growth limit is in effect. The audit process may include a review of the provider's monthly fee schedule, and a random claims analysis for the provider during different parts of the year to monitor variations in fees. The commissioner shall require providers that exceed growth limits, based on annual fees, to pay back during the following calendar year the amount of fees received exceeding the limit.

The commissioner shall notify each provider that has exceeded its revenue or fee limit, at least 30 days before taking action, and shall provide each provider with ten days to provide an explanation for exceeding the revenue or fee limit. The commissioner shall review the explanation and may change a determination if the commissioner determines the explanation to be valid.

The commissioner may approve a different repayment schedule for a health care provider that takes into account the provider's financial condition.

A provider may appeal the commissioner's order to pay back the amount exceeding the revenue or fee limit by mailing a written notice of appeal to the commissioner within 30 days after the commissioner's order was mailed. The contested case and judicial review provisions of chapter 14 apply to the appeal. The provider shall pay the amount specified by the commissioner either to the commissioner or into an escrow account until final resolution of the appeal. Notwithstanding sections 3.762 to 3.765, each party is responsible for its own fees and expenses, including attorneys fees, for the appeal. Any amount required to be paid back under this section shall be deposited in the health care access fund.

Sec. 4. Minnesota Statutes 1994, section 62J.25, is amended to read:

62J.25 [MANDATORY MEDICARE ASSIGNMENT.]

(a) Effective January 1, 1993, a health care provider authorized to participate in the Medicare program shall not charge to or collect from a Medicare beneficiary who is a Minnesota resident any amount in excess of 115 percent of the Medicare-approved amount for any Medicare-covered service provided.

(b) Effective January 1, 1994, a health care provider authorized to participate in the Medicare program shall not charge to or collect from a Medicare beneficiary who is a Minnesota resident any amount in excess of 110 percent of the Medicare-approved amount for any Medicare-covered service provided.

(c) Effective January 1, 1995, a health care provider authorized to participate in the Medicare program shall not charge to or collect from a Medicare beneficiary who is a Minnesota resident any amount in excess of 105 percent of the Medicare-approved amount for any Medicare-covered service provided.

(d) Effective January 1, 1996, a health care provider authorized to participate in the Medicare program shall not charge to or collect from a Medicare beneficiary who is a Minnesota resident any amount in excess of the Medicare-approved amount for any Medicare-covered service provided.

(e) This section does not apply to ambulance services as defined in section 144.801, subdivision 4.

Sec. 5. Minnesota Statutes 1995 Supplement, section 62L.045, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given:

(a) "Association" means:

(1) an association as defined in section 60A.02;

(2) a group or organization of political subdivisions;

(3) an educational cooperative service unit a service cooperative created under section 123.58 123.582; or

(4) a joint self-insurance pool authorized under section 471.617, subdivision 2.

(b) "Qualified association" means an association, as defined in this subdivision, that:

(1) is registered with the commissioner of commerce;

(2) provides health plan coverage through a health carrier that participates in the small employer market in this state, other than through associations, to the extent that the association purchases health plan coverage rather than self-insures;

(3) has and adheres to membership and participation criteria and health plan coverage eligibility criteria that are not designed to disproportionately include or attract small employers that are likely to have low costs of health coverage or to disproportionately exclude or repel small employers that are likely to have high costs of health coverage; and

(4) permits any small employer that meets its membership, participation, and eligibility criteria to become a member and to obtain health plan coverage through the association.

Sec. 6. Minnesota Statutes 1994, section 62L.09, subdivision 3, is amended to read:

Subd. 3. [REENTRY PROHIBITION.] (a) Except as provided in paragraph (b), a health carrier that ceases to do business in the small employer market after July 1, 1993, is prohibited from writing new business in the small employer market in this state for a period of five years from the date of notice to the commissioner. This subdivision applies to any health maintenance organization that ceases to do business in the small employer market in one service area with respect to that service area only. Nothing in this subdivision prohibits an affiliated health maintenance organization from continuing to do business in the small employer market in that same service area.

(b) The commissioner of commerce or the commissioner of health may permit a health carrier that ceases to do business in the small employer market in this state after July 1, 1993, to begin writing new business in the small employer market if:

(1) since the carrier ceased doing business in the small employer market, legislative action has occurred that has significantly changed the effect on the carrier of its decision to cease doing business in the small employer market; and

(2) the commissioner deems it appropriate.

Sec. 7. Minnesota Statutes 1995 Supplement, section 62L.12, subdivision 2, is amended to read:

Subd. 2. [EXCEPTIONS.] (a) A health carrier may sell, issue, or renew individual conversion policies to eligible employees otherwise eligible for conversion coverage under section 62D.104 as a result of leaving a health maintenance organization's service area.

(b) A health carrier may sell, issue, or renew individual conversion policies to eligible employees otherwise eligible for conversion coverage as a result of the expiration of any continuation of group coverage required under sections 62A.146, 62A.17, 62A.21, 62C.142, 62D.101, and 62D.105.

(c) A health carrier may sell, issue, or renew conversion policies under section 62A.65, subdivision 5, paragraph (b), or 62E.16 to eligible employees.

(d) A health carrier may sell, issue, or renew individual continuation policies to eligible employees as required.

(e) A health carrier may sell, issue, or renew individual health plans if the coverage is appropriate due to an unexpired preexisting condition limitation or exclusion applicable to the person under the employer's group health plan or due to the person's need for health care services not covered under the employer's group health plan.

(f) A health carrier may sell, issue, or renew an individual health plan, if the individual has elected to buy the individual health plan not as part of a general plan to substitute individual health plans for a group health plan nor as a result of any violation of subdivision 3 or 4.

(g) Nothing in this subdivision relieves a health carrier of any obligation to provide continuation or conversion coverage otherwise required under federal or state law.

(h) Nothing in this chapter restricts the offer, sale, issuance, or renewal of coverage issued as a supplement to Medicare under sections 62A.31 to 62A.44, or policies or contracts that supplement Medicare issued by health maintenance organizations, or those contracts governed by section 1833 or 1876 of the federal Social Security Act, United States Code, title 42, section 1395 et. seq., as amended.

(i) Nothing in this chapter restricts the offer, sale, issuance, or renewal of individual health plans necessary to comply with a court order.

(j) For purposes of this subdivision, "conversion policy" or "conversion coverage" includes coverage described in section 62A.65, subdivision 5, paragraph (b).

Sec. 8. Minnesota Statutes 1994, section 62L.14, subdivision 7, is amended to read:

Subd. 7. [COMPENSATION.] Public directors may be reimbursed by the association for reasonable and necessary expenses incurred by them in performing their duties as directors, but shall not otherwise be compensated by the association for their services and may be compensated by the association at a rate of up to $55 per day spent on authorized association activities.

Sec. 9. Minnesota Statutes 1995 Supplement, section 62M.09, subdivision 5, is amended to read:

Subd. 5. [WRITTEN CLINICAL CRITERIA.] A utilization review organization's decisions must be supported by written clinical criteria and review procedures in compliance with section 62M.07, paragraph (c). Clinical criteria and review procedures must be established with appropriate involvement from actively practicing physicians. A utilization review organization must use written clinical criteria, as required, for determining the appropriateness of the certification request. The utilization review organization must have a procedure for ensuring, at a minimum, the annual evaluation and updating of the written criteria based on sound clinical principles.

Sec. 10. Minnesota Statutes 1995 Supplement, section 62N.076, subdivision 3, is amended to read:

Subd. 3. [PERMITTED INVESTMENT.] (a) An integrated service network shall make investments may invest only in securities or property designated by law as permitted for domestic life insurance companies; this restriction includes compliance. Except as provided in paragraph (b), an integrated service network must comply with percentage limitations that apply to domestic life insurance companies. A

(b) An integrated service network may, however, invest in real estate, including leasehold improvements, for the convenience and accommodation of its operations, including the home office, branch offices, medical facilities, and field operations, in excess of the percentage permitted for a domestic life insurance company, but not to. The investment in real estate described in this paragraph may exceed 25 percent of its the integrated service network's total admitted assets only if:

(1) the total of real estate assets and assets described in section 62D.044, clause (17), does not exceed the total combined percentage limitations allowed under this paragraph and section 62D.044, clause (17); or

(2) the commissioner determines that the percentage is insufficient to provide convenient accommodation of the network's business.

Sec. 11. Minnesota Statutes 1995 Supplement, section 62N.077, subdivision 2, is amended to read:

Subd. 2. [SECURITY FOR GUARANTEE.] (a) If the guaranteeing organization is regulated for solvency by the commissioner of commerce or health, the guarantee must be treated as a liability for purposes of solvency regulation of the guaranteeing organization. If the guaranteeing organization becomes insolvent, a claim by the network on the guarantee must be at least of equal priority with claims of enrollees or other policy holders of the insolvent guaranteeing organization.

(b) If the guaranteeing organization is not regulated for solvency by the commissioner of commerce or health, the organization must maintain assets, except if, when calculated in combination with the assets described in section 62D.044, clause (17), the total of those assets and the real estate assets described in this subdivision do not exceed the total combined percent limitations allowable under this section and section 62D.044, clause (17), or except if permitted by the commissioner upon a finding that the percentage of the integrated service network's admitted assets is insufficient to provide convenient accommodation of the network's business acceptable to the commissioner, with a market value at least equal to the amount of the guarantee, in a custodial or other controlled account on terms acceptable to the commissioner of health.

Sec. 12. Minnesota Statutes 1994, section 62N.25, subdivision 5, is amended to read:

Subd. 5. [BENEFITS.] Community integrated service networks must offer the health maintenance organization benefit set, as defined in chapter 62D, and other laws applicable to entities regulated under chapter 62D, except that the community integrated service network may impose a deductible, not to exceed $1,000 per person per year, provided that out-of-pocket expenses on covered services do not exceed $3,000 per person or $5,000 per family per year. The deductible must not apply to preventive health services as described in Minnesota Rules, part 4685.0801, subpart 8. Community networks and chemical dependency facilities under contract with a community network shall use the assessment criteria in Minnesota Rules, parts 9530.6600 to 9530.6660, when assessing enrollees for chemical dependency treatment.

Sec. 13. Minnesota Statutes 1995 Supplement, section 62Q.01, subdivision 3, is amended to read:

Subd. 3. [HEALTH PLAN.] "Health plan" means a health plan as defined in section 62A.011; or a policy, contract, or certificate issued by a community integrated service network; or by an integrated service network.

Sec. 14. Minnesota Statutes 1995 Supplement, section 256.9354, subdivision 5, is amended to read:

Subd. 5. [ADDITION OF SINGLE ADULTS AND HOUSEHOLDS WITH NO CHILDREN.] (a) Beginning October 1, 1994, the definition of "eligible persons" is expanded to include all individuals and households with no children who have gross family incomes that are equal to or less than 125 percent of the federal poverty guidelines and who are not eligible for medical assistance without a spenddown under chapter 256B.

(b) After October 1, 1995 Beginning July 1, 1996, the commissioner of human services may shall expand the definition of "eligible persons" to include all individuals and households with no children who have gross family incomes that are equal to or less than 135 150 percent of federal poverty guidelines and are not eligible for medical assistance without a spenddown under chapter 256B. This expansion may must occur only if unless the commissioner certifies that the financial management requirements of section 256.9352, subdivision 3, can cannot be met.

(c) The commissioners of health and human services, in consultation with the legislative commission on health care access, shall make preliminary recommendations to the legislature by October 1, 1995, and final recommendations to the legislature by February 1, 1996, on whether a further expansion of the definition of "eligible persons" to include all individuals and households with no children who have gross family incomes that are equal to or less than 150 percent of federal poverty guidelines and are not eligible for medical assistance without a spenddown under chapter 256B would be allowed under the financial management constraints outlined in section 256.9352, subdivision 3.

(d) All eligible persons under paragraphs (a) and (b) are eligible for coverage through the MinnesotaCare program but must pay a premium as determined under sections 256.9357 and 256.9358. Individuals and families whose income is greater than the limits established under section 256.9358 may not enroll in the MinnesotaCare program.

Sec. 15. Minnesota Statutes 1995 Supplement, section 256.9358, subdivision 4, is amended to read:

Subd. 4. [INELIGIBILITY.] Families with children whose gross monthly income is above the amount specified in subdivision 3 are not eligible for the plan. Beginning October 1, 1994, an individual or households with no children whose gross income is greater than 125 percent of the federal poverty guidelines are ineligible for the plan, unless the definition of "eligible persons" has been expanded by the commissioner of human services in accordance with section 256.9354, subdivision 5.

Sec. 16. [INSTRUCTION TO REVISOR.]

The revisor of statutes is instructed to change the heading before Minnesota Statutes 1995 Supplement, section 62J.2930, to "Data Collection and Research Initiatives."

Sec. 17. [APPROPRIATION.]

The appropriation in Laws 1995, chapter 234, article 11, section 2, for the department of human services for fiscal year 1996 is reduced by $265,000, and the appropriation for fiscal year 1997 is increased by $174,000.

Sec. 18. [REPEALER.]

(a) Minnesota Statutes 1994, section 62N.33, is repealed effective retroactively to July 1, 1995.

(b) Laws 1993, chapter 247, article 4, section 8; Laws 1995, chapter 96, section 2; chapter 234, article 3, section 3; chapter 248, article 10, section 15; and First Special Session chapter 3, article 13, section 2, are repealed.

(c) Laws 1994, chapter 625, article 5, section 5, as amended by Laws 1995, chapter 234, article 3, section 8, is repealed.

Sec. 19. [EFFECTIVE DATE.]

Section 18 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to health insurance; making technical changes; allowing re-entry into the small employer market under certain circumstances; establishing compensation for the reinsurance association; clarifying permitted investments and guarantees for integrated service networks; expanding eligibility for the MinnesotaCare Program; providing for the cancellation of recodification efforts; reducing appropriation; appropriating money; amending Minnesota Statutes 1994, sections 62A.65, subdivision 3; 62J.25; 62L.09, subdivision 3; 62L.14, subdivision 7; and 62N.25, subdivision 5; Minnesota Statutes 1995 Supplement, sections 62A.65, subdivision 5; 62J.042, subdivision 4; 62L.045, subdivision 1; 62L.12, subdivision 2; 62M.09, subdivision 5; 62N.076, subdivision 3; 62N.077, subdivision 2; 62Q.01, subdivision 3; 256.9354, subdivision 5; and 256.9358, subdivision 4; repealing Minnesota Statutes 1994, section 62N.33; Laws 1993, chapter 247, article 4, section 8; Laws 1994, chapter 625, article 5, section 5, as amended; Laws 1995, chapters 96, section 2; 234, article 3, section 3; 248, article 10, section 15; and First Special Session chapter 3, article 13, section 2."

We request adoption of this report and repassage of the bill.

House Conferees: Roger Cooper and Tom Osthoff.

Senate Conferees: Linda Berglin, Pat Piper and Sheila M. Kiscaden.

Cooper moved that the report of the Conference Committee on H. F. No. 2190 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 2190, A bill for an act relating to health; providing for the cancellation of recodification efforts; repealing Laws 1994, chapter 625, article 5, section 5, as amended.

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

The question was taken on the repassage of the bill and the roll was called. There were 70 yeas and 62 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greenfield   Lieder       Orfield      Solberg
Bakk         Greiling     Long         Osthoff      Swenson, D.
Bertram      Hasskamp     Lourey       Ostrom       Tomassoni
Brown        Hausman      Luther       Otremba      Trimble
JOURNAL OF THE HOUSE - 109th Day - Top of Page 9299

Carlson, L.  Huntley      Mahon        Pelowski     Tunheim
Carruthers   Jefferson    Mariani      Perlt        Wagenius
Clark        Jennings     Marko        Peterson     Wejcman
Cooper       Johnson, A.  McCollum     Pugh         Wenzel
Dauner       Johnson, R.  McGuire      Rest         Winter
Dawkins      Kahn         Milbert      Rice         Sp.Anderson,I
Delmont      Kalis        Munger       Rukavina     
Dorn         Kelley       Murphy       Sarna        
Entenza      Kelso        Olson, E.    Schumacher   
Farrell      Kinkel       Opatz        Skoglund     
Garcia       Leighton     Orenstein    Smith        

Abrams       Finseth      Kraus        Onnen        Tompkins
Anderson, B. Frerichs     Krinkie      Osskopp      Tuma
Bettermann   Girard       Larsen       Ozment       Van Dellen
Boudreau     Goodno       Leppik       Paulsen      Van Engen
Bradley      Gunther      Lindner      Pawlenty     Vickerman
Broecker     Haas         Lynch        Pellow       Warkentin
Carlson, S.  Hackbarth    Macklin      Rhodes       Weaver
Commers      Harder       Mares        Rostberg     Wolf
Daggett      Holsten      McElroy      Seagren      Worke
Davids       Johnson, V.  Molnau       Stanek       Workman 
Dehler       Knight       Mulder       Sviggum      
Dempsey      Knoblach     Ness         Swenson, H.  
Erhardt      Koppendrayer Olson, M.    Sykora       

A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 116G.151; 138.664, by adding a subdivision; 138.763, subdivision 1; 168.33, subdivision 2; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, sections 2, subdivision 2; and 5, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5.

March 27, 1996

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 3243, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendment and that H. F. No. 3243 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. [ECONOMIC DEVELOPMENT APPROPRIATIONS.]

The sums in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in this article, to be available for the fiscal years indicated for each purpose.

General $ 1,654,000$ 23,724,000

Petroleum Tank Cleanup 47,000 93,000

Special Compensation -0- 2,800,000

TOTAL $ 1,701,000$ 26,617,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. TRADE AND ECONOMIC DEVELOPMENT -0- 5,105,000

(a) Minnesota investment fund

-0- 4,000,000

This appropriation is for the Minnesota investment fund under Minnesota Statutes, section 116J.8731.

Any funds previously appropriated for the economic recovery grant program under Minnesota Statutes, section 116J.873, may be spent for the Minnesota investment fund program.

(b) Minnesota film board

-0- 100,000

This appropriation is for the Minnesota film board and is added to the appropriation for fiscal year 1997 in Laws 1995, chapter 224, section 2, subdivision 4.

(c) Morrison county rural development finance authority

-0- 750,000

This appropriation is for a grant to the Morrison county rural development finance authority established under Laws 1982, chapter 437. The authority must use the grant only for capital improvements to a paper and wood products manufacturer in the county primarily for the purposes of facility upgrading and expansion of the manufacturer's capability to utilize recycled wastepaper as a fiber source. Minnesota Statutes, section 116J.991, applies to the grant. The commissioner shall make the grant only if the commissioner determines that at least $500,000 of the grant will be matched from other sources. The authority or any city or county within which the improvements and equipment are located may issue general obligation bonds in accordance with Minnesota Statutes, chapter 475, to finance the local match, except that sections 475.53, 475.58, and 475.59, do not apply.

(d) Job Skills Partnership Board

-0- 250,000

This appropriation is for the job skills partnership program and is added to the appropriation for fiscal year 1997 in Laws 1995, chapter 224, section 2, subdivision 2.

(e) Study

-0- 5,000

This appropriation is for a study, in consultation with the pollution control agency and the department of natural resources, to evaluate the compatibility of metal materials shredding projects and other

industrial uses with tourism and other nonindustrial uses of the Mississippi River Critical Area, which has been designated an area of critical concern under Minnesota Statutes, section 116G.15. The commissioner of trade and economic development shall report the findings and recommendations of the evaluation to the legislature by January 1, 1997.

Sec. 3. MINNESOTA TECHNOLOGY, INC. -0- 700,000

Of this appropriation, $575,000 is for a grant to the natural resources research institute.

Of this appropriation, $125,000 is for a study of cold weather research needs and opportunities. The corporation shall contract with the Minnesota cold weather resource center for the study. The study must address at least the following:

(1) opportunities for research funded by nonstate entities, including businesses, to be conducted in Minnesota;

(2) strategies to attract a significant share of funded cold weather research to Minnesota;

(3) types of facilities that are needed to attract cold weather research projects;

(4) recommended ownership structure and lease arrangements with research entities or businesses for such facilities; and

(5) economic benefits that might accrue to the people of Minnesota if a greater amount of cold weather research is conducted in the state.

The study may also include predesign or architectural design of facilities for cold weather research.

The corporation shall submit a report of the study findings to the legislature by January 1, 1998.

Sec. 4. WORLD TRADE CENTER CORPORATION 78,000

This appropriation is for the corporation's December 31, 1996, debt payment.

Sec. 5. HOUSING FINANCE AGENCY 550,000

This appropriation is for transfer to the housing development fund. Of this amount, $250,000 is for the community rehabilitation program for the purpose of acquiring, demolishing, removing, rehabilitating, and reconfiguring multiple-unit residential rental property to reduce concentrations of substandard multiple-unit rental housing. Priority shall be given to projects that result in the creation of a full range of housing opportunities, including housing opportunities for residents of the affected multiple-unit rental housing, that will increase the tax base and the income mix within a community.

Of this amount, $300,000 is for the family homeless prevention and assistance program under Minnesota Statutes, section 462A.204. This appropriation is available until expended.

Sec. 6. DEPARTMENT OF ECONOMIC SECURITY 810,000 16,340,000

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

(a) Minnesota Youth Program

-0- 6,000,000

$6,000,000 is appropriated for fiscal year 1997 for summer youth employment programs. Of this amount, $117,000 is for YOUTHBUILD, under Minnesota Statutes, sections 268.361 to 268.367, and $250,000 is for the learn to earn summer youth employment program established under Laws 1995, chapter 224, sections 5 and 39, if Congress appropriates at least $2,000,000 for the federal title IIB, Job Training Partnership Act (JTPA) 1996 Minnesota summer youth program.

(b) Transitional housing

-0- 450,000

This appropriation is for transitional housing programs under Minnesota Statutes, section 268.38, and is added to the appropriations for fiscal year 1997 in Laws 1995, chapter 224, section 5, subdivision 3.

(c) Minnesota Workforce Center System

-0- 500,000

$500,000 is appropriated for fiscal year 1997 to leverage federal dollars in support of the establishment of a public access computer system to Minnesota Workforce System services.

(d) Employment Support Services

-0- 200,000

$200,000 is appropriated for employment support services authorized by Minnesota Statutes, section 268A.13. Of this amount, up to $20,000 may be used for administration.

(e) Home Energy Assistance

810,000 190,000

(1) $750,000 is available immediately and until June 30, 1997, for low-income home energy assistance under the low-income home energy assistance block grant, and is to be used and allocated in the same manner as the federal money is used and allocated.

(2) $60,000 is available immediately and until June 30, 1997, for grants for energy-related repairs to a home's primary heat source.

(3) $190,000 is for the low-income home weatherization program.

(f) Home energy assistance contingency

-0- 9,000,000

This appropriation is from the budget reserve account in the general fund for low income home energy assistance and grants for energy related repairs to a home's primary heat source contingent on the governor's determination that federal money allocated to Minnesota under the low income energy assistance block grant for federal fiscal year 1996 has been reduced below the amount received by Minnesota under that grant in federal fiscal year 1995. The amount available from this contingent appropriation shall be equal to the reduction as determined by the governor.

The commissioner shall report to the legislature by January 21, 1997, on any expenditures of this appropriation.

Sec. 7. DEPARTMENT OF COMMERCE 47,000 93,000

This appropriation is from the petroleum tank release cleanup fund and is for legal services. This appropriation is added to the appropriation in Laws 1995, chapter 224, section 7, subdivision 5.

Sec. 8. DEPARTMENT OF LABOR AND INDUSTRY -0- 2,800,000

This appropriation is from the special compensation fund for the Daedalus imaging systems project. This appropriation is added to the appropriation in Laws 1995, chapter 224, section 12, subdivision 2.

Sec. 9. PUBLIC UTILITIES COMMISSION 370,000 -0-

This appropriation is available immediately and until June 30, 1998, for the costs related to the duties of the commission and team of science advisors under Laws 1994, chapter 573.

Sec. 10. MINNESOTA HISTORICAL SOCIETY 174,000 951,000

(a) Compensation

174,000 826,000

This appropriation is for the purposes of Minnesota Statutes, section 138.01, subdivision 5.

(b) Farmamerica

-0- 50,000

This appropriation is for a grant to Farmamerica. Notwithstanding any other law this grant may be used for operations.

(c) St. Anthony heritage board

-0- 75,000

This appropriation is for a grant to the St. Anthony heritage board established in Minnesota Statutes, section 138.763.

Sec. 11. MINNESOTA HUMANITIES COMMISSION 300,000 -0-

This appropriation is for fiscal year 1996 and is for moving expenses and general operation and maintenance of the Minnesota humanities commission's new building. This appropriation is available until June 30, 1997.

Sec. 12. [TRANSFER TO WORLD TRADE CENTER.]

The commissioner of trade and economic development shall transfer, from the appropriations to the commissioner for the federal city-state leveraged finance program, $50,000 in fiscal year 1996 and $50,000 in fiscal year 1997 to the World Trade Center Corporation. The World Trade Center Corporation shall use the amounts so transferred for operating expenses.

Sec. 13. [DEPARTMENT OF PUBLIC SAFETY; DEPUTY REGISTRAR RULES.]

Subdivision 1. [RULE PROHIBITED.] Notwithstanding any other law, the commissioner of public safety may not adopt any rule that amends or replaces, or addresses substantially the same subject matter as, a rule of the department in effect on January 1, 1996, that regulates the solicitation or service area of deputy motor vehicle registrar offices.

Subd. 2. [REMOVAL OF INVENTORY.] Any rule of the commissioner of public safety that prohibits the removal of inventory from a deputy motor vehicle registrar office does not apply to a deputy motor vehicle registrar who (1) for at least five years before the effective date of this section has provided customer service and inventory outside the deputy registrar's office, and (2) before the effective date of the rule requests in writing an exemption from the rule. The commissioner shall grant any request under this subdivision that complies with this subdivision.

Subd. 3. [REPORT.] The commissioner of public safety shall report to the governor and legislature by January 1, 1997, on the issue of restrictions on the solicitation or service area of deputy motor vehicle registrar offices. The report must consider existing and proposed restrictions on deputy motor vehicle registrar solicitation or service area and evaluate each on the basis of administrative efficiency and public service.

Sec. 14. [VOYAGEUR RECREATION AREA.]

Subdivision 1. [ESTABLISHMENT.] A recreation zone called the "Voyageur recreation area" is established and consists of all contiguous land in Koochiching county and that part of St. Louis county lying north of county highway 23 and west of county highway 24 to the Canadian border.

Subd. 2. [PURPOSE.] The purpose of the Voyageur recreation area is to encourage and attract public and private funds in order to diversify and promote economic development and recreational and educational opportunities throughout the area.

Sec. 15. [BOARD CREATED.]

Subdivision 1. [MEMBERSHIP.] A Voyageur recreation area board is created of nine members, with representation from the following groups:

(1) International Falls Visitors and Convention Bureau;

(2) Kabetogama Lake association;

(3) Ash River/Crane Lake resort association;

(4) Koochiching county;

(5) St. Louis county;

(6) city of Orr;

(7) city of Ranier;

(8) city of International Falls; and

(9) city of Cook.

Subd. 2. [TERMS.] The membership terms, removal, and filling of vacancies of board members are as provided in Minnesota Statutes, section 15.0575.

Subd. 3. [CHAIR; OTHER OFFICERS.] The board shall annually elect a chair and other officers as necessary from its members.

Sec. 16. [POWERS.]

Subdivision 1. [CONTRACTS.] The board may enter into contracts and grant agreements necessary to carry out its responsibilities.

Subd. 2. [GIFTS; GRANTS.] The board may apply for, accept, and disburse gifts, grants, or other property from the United States, the state, private foundations, or any other source. It may enter into an agreement required for the gifts or grants and may hold, use, and dispose of its assets in accordance with the terms of the gift, grant, or agreement. Money received by the board under this subdivision must be deposited in a separate account.

Sec. 17. [UTILITY ASSESSMENT; STRAY VOLTAGE.]

Subdivision 1. [AUTHORITY.] To provide funding for the appropriation in section 9 for the costs of the commission and team of science advisors under Laws 1994, chapter 573, the public utilities commission and the department of public service shall assess a total of up to $370,000 under Minnesota Statutes, section 216B.62, against public and municipal utilities providing electrical service and cooperative electric associations. The assessment must be deposited in the general fund. The assessment is not subject to the limits prescribed under Minnesota Statutes, section 216B.62, subdivision 3. The assessment authority under this section is in addition to the assessment authority contained in Laws 1994, chapter 573, section 4.

Subd. 2. [PROPORTIONAL ASSESSMENT; EXPENSES AND ACTIVITIES.] Each utility or association shall be assessed in proportion that its gross operating revenues for the sale of electric service within the state for the last calendar year bears to the total of those revenues for all public and municipal utilities and cooperative associations.

Sec. 18. [COMMUNITY REHABILITATION PROGRAM.]

The requirements in Laws 1995, chapter 224, section 6, relating to use of the appropriation in that section for the community rehabilitation program in cities of the first class in the metropolitan area apply only to the city of St. Paul. For the city of Minneapolis the requirements as to the use of that appropriation are as follows:

(1) it must be used in areas that are defined as redirection and revitalization neighborhoods by the neighborhood revitalization program under Minnesota Statutes, section 469.1831; and

(2) the area must include eight blocks in any direction from the neighborhood boundary.

Sec. 19. [ADMINISTRATIVE COSTS; CONTAMINATION CLEAN-UP GRANTS.]

Up to 1.5 percent of the appropriation made in Laws 1995, chapter 224, section 2, subdivision 2, for grants under Minnesota Statutes 1994, sections 116J.551 to 116J.558, may be expended for costs of the department of trade and economic development incurred in administering those grants.

Sec. 20. [GROUND VOLTAGE SCIENCE ADVISORS; IMMUNITY FROM SUIT, INDEMNIFICATION.]

(a) A member of the team of science advisors charged with studying, researching, or preparing the report required by Laws 1994, chapter 573, or serving in a liaison capacity on behalf of the team of science advisors, is not liable for the content of the preliminary assessment or final report, for any action taken or project conducted on behalf of researching and preparing the assessment and report, or for any action taken or consequence resulting from or arising out of publication and dissemination of the report. This section does not provide immunity for negligence or intentional misconduct of a member or a liaison.

(b) If a person referred to in paragraph (a) becomes a party to a civil action or other legal or administrative proceeding by reason of any action referred to in paragraph (a), despite the intent of paragraph (a) to hold those persons immune from suit, the state shall defend, save harmless, and indemnify the person for any judgment or settlement and other costs incurred in defense of the action or proceeding, unless the person is found liable for negligent or intentional misconduct.

Sec. 21. Laws 1995, chapter 224, section 5, subdivision 3, is amended to read:

Subd. 3. Community-Based Services

30,082,000 25,881,000

$935,000 the first year and $935,000 the second year are for operating costs of transitional housing programs under Minnesota Statutes, section 268.38.

$7,000,000 the first year and $7,000,000 the second year are for the Minnesota economic opportunity grant program. Of this appropriation the commissioner may use up to 8.7 percent each year for state operations.

For the biennium ending June 30, 1997, the commissioner shall transfer to the low-income home weatherization program at least five percent of the money received under the low-income home energy assistance block grant in each year of the biennium and shall spend all of the transferred money during the year of the transfer or the year following the transfer. Up to 1.63 percent of the transferred money may be used by the commissioner for administrative purposes.

For the biennium ending June 30, 1997, no more than 1.63 percent of money remaining under the low-income home energy assistance program after transfers to the weatherization program may be used by the commissioner for administrative purposes.

The state appropriation for the temporary emergency food assistance program may be used to meet the federal match requirements.

$100,000 the first year and $100,000 the second year are for youth intervention programs under Minnesota Statutes, section 268.30, subdivisions 1 and 2. Funding may be used to expand existing programs to serve unmet needs and to create new programs in underserved areas. In awarding these new funds, the commissioner may waive or modify the requirement for local match when this requirement deters expansion to underserved communities or populations. This appropriation is available until spent.

Notwithstanding Minnesota Statutes, section 268.022, subdivision 2, the commissioner of finance shall transfer to the general fund from the dedicated fund $3,000,000 in the first year and $3,000,000 in the second year of the money collected through the special assessment established in Minnesota Statutes, section 268.022, subdivision 1.

Of this appropriation, $3,000,000 the first year is for summer youth employment programs.

Of the money appropriated for the summer youth employment programs for the first year, $750,000 is immediately available. Any remaining balance of the immediately available money is available for the year in which it is appropriated. If the appropriation for either year of the biennium is insufficient, money may be transferred from the appropriation for the other year.

$200,000 the first year is for youth employment and for housing for the homeless through the YOUTHBUILD program. A Minnesota YOUTHBUILD program funded under this section as authorized in Minnesota Statutes, sections 268.361 to 268.367 qualifies as an approved training program under Minnesota Rules, part 5200.0930, subpart 1.

Of the appropriation for Head Start, the commissioner may use up to two percent each year for state operations.

Of this appropriation, $250,000 is for the learn to earn summer youth employment demonstration program established in Laws 1995, chapter 224, section 39. This appropriation is available until spent.

Sec. 22. Laws 1994, chapter 573, section 1, subdivision 6, is amended to read:

Subd. 6. [RESEARCH DEADLINE.] The research conducted under this section and any recommendations by the science advisors to the commission must be completed and reported or made by June 30, 1996 1998.

Sec. 23. Laws 1994, chapter 573, section 1, subdivision 7, is amended to read:

Subd. 7. [EXPIRATION.] The team of science advisors expires June 30, 1996 1998.

Sec. 24. Laws 1994, chapter 573, section 4, is amended to read:

Sec. 4. [ASSESSMENT.]

(a) To provide funding for activities required under this act, the public utilities commission and the department of public service shall assess a total of up to $548,000 under Minnesota Statutes, section 216B.62, against public and municipal utilities providing electrical service and cooperative electric associations. The assessment must be deposited in the general fund. The assessment is not subject to the limits prescribed under Minnesota Statutes, section 216B.62, subdivision 3.

(b) Each utility or association shall be assessed in proportion that its gross operating revenues for the sale of electric service within the state for the last calendar year bears to the total of those revenues for all public and municipal utilities and cooperative associations.

(c) Paragraphs (a) and (b) expire June 30, 1998.

Sec. 25. Laws 1994, chapter 573, section 5, subdivision 1, is amended to read:

Subdivision 1. [PUBLIC UTILITIES COMMISSION; STUDY COSTS.] $300,000 is appropriated from the general fund to the public utilities commission.

$75,000 of this appropriation is for administrative expenses of the commission under sections 1 and 2.

$225,000 of this appropriation is for expenses of the team of scientific advisors and the commission liaison.

This appropriation remains available until June 30, 1996 1998.

Sec. 26. Laws 1994, chapter 573, section 5, subdivision 2, is amended to read:

Subd. 2. [PUBLIC UTILITIES COMMISSION; RESEARCH PROJECTS STUDY COSTS.] $150,000, or so much of this amount as may be needed, is appropriated from the general fund to the public utilities commission to initiate research projects in fiscal year 1995 as recommended by the team of science advisors and approved by the commission. Any amount of This appropriation that remains unencumbered after June 30, 1996, reverts to the general fund does not cancel but is available until June 30, 1998.

Sec. 27. Laws 1995, chapter 231, article 1, section 33, is amended to read:

Sec. 33. [APPROPRIATION.]

The $900,000 is appropriated from the special compensation fund for the biennium ending June 30, 1997, to the department of commerce shall be used for the purposes of rate regulation of commercial self-insurance groups under Minnesota Statutes, sections 79A.19 to 79A.32 and workers' compensation rate regulation under Minnesota Statutes, sections 79.50 to 79.561. The complement of the department of commerce is increased by 13 positions for the purposes of rate regulation.

Sec. 28. Minnesota Statutes 1995 Supplement, section 79.561, subdivision 3, is amended to read:

Subd. 3. [CONSULTANTS AND COSTS.] The commissioner may retain consultants, including a consulting actuary or other experts, that the commissioner determines necessary for purposes of this chapter. The salary limit set by section 43A.17 does not apply to a consulting actuary retained under this subdivision. A consulting actuary shall be a fellow in the casualty actuarial society and shall have demonstrated experience in workers' compensation insurance ratemaking. Any individual not so qualified shall not render an opinion or testify on actuarial aspects of a filing, including but not limited to, data quality, loss development, and trending. The costs incurred in commissioner may determine the costs necessary for implementing and conducting a contested case hearing under subdivision 2, including, but not limited to, retaining any consulting actuaries and experts, and those costs shall be reimbursed by the special compensation fund.

Sec. 29. [116J.8731] [MINNESOTA INVESTMENT FUND.]

Subdivision 1. [PURPOSE.] The Minnesota investment fund is created to provide financial assistance, through partnership with communities, for the creation of new employment or to maintain existing employment, and for business start-up, expansions, and retention. It shall accomplish these goals by the following means:

(1) creation or retention of permanent private-sector jobs in order to create above-average economic growth consistent with environmental protection;

(2) stimulation or leverage of private investment to ensure economic renewal and competitiveness;

(3) increasing the local tax base, based on demonstrated measurable outcomes, to guarantee a diversified industry mix;

(4) improvement of employment and economic opportunity for citizens in the region to create a reasonable standard of living, consistent with federal and state guidelines on low- to moderate-income persons; and

(5) stimulation of productivity growth through improved manufacturing or new technologies, including cold weather testing.

Subd. 2. [ADMINISTRATION.] The commissioner shall administer the fund as part of the small cities development block grant program. Funds shall be made available to local communities and recognized Indian tribal governments in accordance with the rules adopted for economic development grants in the small cities community development block grant program, except that all units of general purpose local government are eligible applicants for Minnesota investment funds. A home rule charter or statutory city, county, or town may loan or grant money under this section to a regional development commission to provide the local match required for capitalization of a regional revolving loan fund.

Subd. 3. [ELIGIBLE EXPENDITURES.] The money appropriated for this section may be used to provide grants for infrastructure, loans, loan guarantees, interest buy-downs, and other forms of participation with private sources of financing, provided that a loan to a private enterprise must be for a principal amount not to exceed one-half of the cost of the project for which financing is sought.

Subd. 4. [ELIGIBLE PROJECTS.] Assistance must be evaluated on the existence of the following conditions:

(1) creation of new jobs or retention of existing jobs;

(2) increase in the tax base;

(3) the project can demonstrate that investment of public dollars induces private funds;

(4) the project can demonstrate an excessive public infrastructure or improvement cost beyond the means of the affected community and private participants in the project;

(5) the project provides higher wage levels to the community or will add value to current workforce skills;

(6) whether assistance is necessary to retain existing business; and

(7) whether assistance is necessary to attract out-of-state business.

A grant or loan cannot be made based solely on a finding that the conditions in clause (6) or (7) exist. A finding must be made that a condition in clause (1), (2), (3), (4), or (5) also exists.

Applications recommended for funding shall be submitted to the commissioner.

Subd. 5. [GRANT LIMITS.] A Minnesota investment fund grant may not be approved for an amount in excess of $500,000. This limit covers all money paid to complete the same project, whether paid to one or more grant recipients and whether paid in one or more fiscal years. The portion of a Minnesota investment fund grant that exceeds $100,000 must be repaid to the state when it is repaid to the local community or recognized Indian tribal government by the person or entity to which it was loaned by the local community or Indian tribal government. Money repaid to the state must be credited to the general fund. A grant or loan may not be made to a person or entity for the operation or expansion of a casino or a store which is used solely or principally for retail sales. Persons or entities receiving grants or loans must pay each employee total compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110 percent of the federal poverty level for a family of four.

Subd. 6. [SPORTS FACILITY.] A Minnesota investment fund grant or loan cannot be used for a project related to a sports facility. For the purpose of this subdivision, "sports facility" means a building that has a professional sports team as a principal tenant.

Subd. 7. [CONTRACTUAL OBLIGATION.] A business receiving Minnesota investment fund grants must demonstrate why the grant is necessary for a project and enter into an agreement with the local grantor. The agreement, among other things, must obligate the recipient to pay the minimum compensation set by this section and meet job creation goals. A recipient that breaches the agreement must repay the grant directly to the commissioner. Repayments under this subdivision must be deposited in the general fund.

Sec. 30. Minnesota Statutes 1995 Supplement, section 138.01, is amended by adding a subdivision to read:

Subd. 5. The Minnesota historical society shall receive specific appropriations each biennium to carry out the purposes of subdivision 2. The appropriation must be sufficient to pay for salary and benefit related increases as determined by the commissioner of employee relations in the commissioner's plan in accordance with section 43A.18, subdivision 2, and the legislature.

Sec. 31. Minnesota Statutes 1994, section 138.35, is amended by adding a subdivision to read:

Subd. 3. [EMPLOYMENT OF PERSONNEL.] The state archaeologist may employ personnel to assist in carrying out the state archaeologist's duties, and may spend state appropriations to compensate such personnel.

Sec. 32. Minnesota Statutes 1994, section 138.664, is amended by adding a subdivision to read:

Subd. 13a. Burbank Livingston Griggs House; Ramsey county.

Sec. 33. Minnesota Statutes 1994, section 138.763, subdivision 1, is amended to read:

Subdivision 1. [MEMBERSHIP.] There is a St. Anthony Falls heritage board consisting of 19 22 members with the director of the Minnesota historical society as chair. The members include the mayor,; the chair of the Hennepin county board of commissioners or the chair's designee,; the president of the Minneapolis park and recreation board

or the president's designee,; the superintendent of the park board,; two members each from the house of representatives appointed by the speaker, the senate appointed by the rules committee, the city council, the Hennepin county board, and the park board, and; one member each from the preservation commission, the preservation office, Hennepin county historical society, and the society; one person appointed by the park board; and two persons appointed by the chair of the board.

Sec. 34. Minnesota Statutes 1994, section 298.22, is amended by adding a subdivision to read:

Subd. 6. [EQUITY PARTICIPATION.] The board may acquire an equity interest in any project for which it provides funding.

Sec. 35. Minnesota Statutes 1994, section 469.056, subdivision 2, is amended to read:

Subd. 2. [CONTRACTS.] A port authority may contract to erect, repair, maintain or operate docks, warehouses, terminals, elevators, or other structures on or in connection with property it owns or controls. The authority may contract or arrange with the federal government, or any of its departments, with persons, public corporations, the state, or any of its political subdivisions, commissions, or agencies, for separate or joint action, on any matter related to using the authority's powers or doing its duties. The authority may contract to purchase and sell real and personal property. An obligation or expense must not be incurred unless existing appropriations together with the reasonably expected revenue of the port authority from other sources are sufficient to discharge the obligation or pay the expense when due. The state and its municipal subdivisions are not liable on the obligations. Notwithstanding section 16A.695, for leases or management contracts entered into with respect to property acquired or bettered with the proceeds of state general obligation bonds, (1) a seaway port authority may meet its obligations and expenses of operating and reinvest in capital improvements by retaining revenues received under the leases or management contracts and is not required to pay lease or management contract revenues to the commissioner of finance; and (2) the lease or management contract entered into by a seaway port authority must not be canceled or terminated as a result of changes or termination by the state in the governmental program of the seaway port authority unless compensation is paid as provided by law.

Sec. 36. Minnesota Statutes 1994, section 469.303, is amended to read:

469.303 [ELIGIBILITY REQUIREMENTS.]

An area within the city is eligible for designation as an enterprise zone if the area is (1) designated as includes census tracts eligible for a proposed federal empowerment zone or enterprise community as defined by the city in an application to the United States Department of Housing and Urban Development under Public Law Number 103-66, provided the city can demonstrate that it can meet the notwithstanding the maximum zone population standard under the federal empowerment zone program for cities with a population under 500,000 or (2) an area within a city of the second class that is designated as an economically depressed area by the United States Department of Commerce.

Sec. 37. Minnesota Statutes 1995 Supplement, section 473.252, is amended to read:

473.252 [TAX BASE REVITALIZATION ACCOUNT.]

Subdivision 1. [DEFINITION.] For the purposes of this section, "municipality" means a statutory or home rule charter city or town participating in the local housing incentives program under section 473.254, or a county in the metropolitan area.

Subd. 1a. [DEVELOPMENT AUTHORITY.] For the purpose of this section, "development authority" means a statutory or home rule charter city, housing and redevelopment authority, economic development authority, or a port authority.

Subd. 2. [SOURCES OF FUNDS.] The council shall credit to the tax base revitalization account within the fund the amount, if any, provided for under section 473.167, subdivision 3a, paragraph (b), and the amount, if any, distributed to the council under section 473F.08, subdivision 3b.

Subd. 3. [DISTRIBUTION OF FUNDS.] (a) The council must use the funds in the account to make grants to municipalities or development authorities for the cleanup of polluted land in the metropolitan area. A grant to a metropolitan county or a development authority must be used for a project in a participating municipality. The council shall prescribe and provide the grant application form to municipalities. The council must consider the probability of funding from other sources when making grants under this section.

(b)(1) The legislature expects that applications for grants will exceed the available funds and the council will be able to provide grants to only some of the applicant municipalities. If applications for grants for qualified sites exceed the available funds, the council shall make grants that provide the highest return in public benefits for the public costs incurred, that encourage commercial and industrial development that will lead to the preservation or growth of living-wage jobs and that enhance the tax base of the recipient municipality.

(2) In making grants, the council shall establish regular application deadlines in which grants will be awarded from the available money in the account. If the council provides for application cycles of less than six-month intervals, the council must reserve at least 40 percent of the receipts of the account for a year for application deadlines that occur in the second half of the year. If the applications for grants exceed the available funds for an application cycle, no more than one-half of the funds may be granted to projects in a statutory or home rule charter city and no more than three-quarters of the funds may be granted to projects located in cities of the first class.

(c) A municipality may use the grant to provide a portion of the local match requirement for project costs that qualify for a grant under sections 116J.551 to 116J.557.

Sec. 38. Laws 1980, chapter 595, section 3, as amended by Laws 1985, chapter 194, section 29; Laws 1988, chapter 572, 2; and Laws 1988, chapter 594, sections 1 to 4, is amended by adding a subdivision to read:

Subd. 13. [ECONOMIC DEVELOPMENT.] When the agency exercises its powers for industrial development or to establish industrial development districts for purposes under Minnesota Statutes, sections 469.048 to 469.068, the term "industrial," when used in relation to industrial development purposes, includes "economic" and "economic development."

Sec. 39. [NEW TECHNOLOGY TRAINING.]

The house of representatives may spend funds carried forward from its appropriations for the biennium ending June 30, 1995, for costs associated with training for new technology.

Sec. 40. [REPEALER.]

(a) Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; and 138.662, subdivision 5; and Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5, are repealed.

(b) Minnesota Statutes 1994, section 268.9783, subdivision 8; and Laws 1988, chapter 684, article 1, section 23, are repealed.

Sec. 41. [EFFECTIVE DATE.]

Sections 12 to 28, 30, 31, and 33 to 39; section 40, paragraph (b); and all provisions making appropriations for fiscal year 1996, are effective the day following final enactment. Section 29; and section 40, paragraph (a), are effective July 1, 1996."

Delete the title and insert:

"A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 138.35, by adding a subdivision; 138.664, by adding a subdivision; 138.763, subdivision 1; 298.22, by adding a subdivision; 469.056, subdivision 2; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; and 473.252; Laws 1980, chapter 595, section 3, as amended; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, section 5, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5; Laws 1988, chapter 684, article 1, section 23."

We request adoption of this report and repassage of the bill.

House Conferees: James I. Rice, Mark P. Mahon, Robert Leighton, Karen Clark and Dennis Ozment.

Senate Conferees: Carl W. Kroening, Steven G. Novak, Ellen R. Anderson and Steve Dille.

Rice moved that the report of the Conference Committee on H. F. No. 3243 be adopted and that the bill be repassed as amended by the Conference Committee.

Girard moved that the House refuse to adopt the Conference Committee report on H. F. No. 3243, and that the bill be returned to the Conference Committee.

A roll call was requested and properly seconded.

The question was taken on the Girard motion and the roll was called. There were 65 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Olson, M.    Swenson, D.
Anderson, B. Finseth      Koppendrayer Onnen        Swenson, H.
Bertram      Frerichs     Kraus        Osskopp      Sykora
Bettermann   Girard       Krinkie      Paulsen      Tompkins
Bishop       Goodno       Larsen       Pawlenty     Tuma
Boudreau     Gunther      Lindner      Pellow       Van Dellen
Bradley      Haas         Lynch        Pelowski     Van Engen
Broecker     Hackbarth    Macklin      Rhodes       Vickerman
Carlson, S.  Harder       Mares        Rostberg     Warkentin
Commers      Holsten      McElroy      Seagren      Weaver
Daggett      Johnson, V.  Molnau       Smith        Wolf
Davids       Kelso        Mulder       Stanek       Worke
Dempsey      Knight       Ness         Sviggum      Workman 

Anderson, R. Garcia       Kinkel       Murphy       Rukavina
Bakk         Greenfield   Leighton     Olson, E.    Sarna
Brown        Greiling     Leppik       Opatz        Schumacher
Carlson, L.  Hasskamp     Lieder       Orenstein    Skoglund
Carruthers   Hausman      Long         Orfield      Solberg
Clark        Huntley      Lourey       Osthoff      Tomassoni
Cooper       Jaros        Luther       Ostrom       Trimble
Dauner       Jefferson    Mahon        Otremba      Tunheim
Dawkins      Jennings     Mariani      Ozment       Wagenius
Dehler       Johnson, A.  Marko        Perlt        Wejcman
Delmont      Johnson, R.  McCollum     Peterson     Wenzel
Dorn         Kahn         McGuire      Pugh         Winter
Entenza      Kalis        Milbert      Rest         Sp.Anderson,I
Farrell      Kelley       Munger       Rice         

Krinkie raised a point of order pursuant to rule 6.11 relating to Conference Committees. The Speaker ruled the point of order not well taken.

The question recurred on the Rice motion that the report of the Conference Committee on H. F. No. 3243 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 3243, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 116G.151; 138.664, by adding a subdivision; 138.763, subdivision 1; 168.33, subdivision 2; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, sections 2, subdivision 2; and 5, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5.

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

The question was taken on the repassage of the bill and the roll was called. There were 86 yeas and 48 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kraus        Opatz        Seagren
Bakk         Greenfield   Larsen       Orenstein    Skoglund
Bertram      Greiling     Leighton     Orfield      Solberg
Brown        Harder       Lieder       Osskopp      Swenson, H.
Carlson, L.  Hasskamp     Long         Osthoff      Tomassoni
Carlson, S.  Hausman      Lourey       Ostrom       Trimble
Carruthers   Huntley      Luther       Otremba      Tunheim
Clark        Jaros        Mahon        Ozment       Wagenius
Cooper       Jefferson    Mariani      Pelowski     Warkentin
Daggett      Jennings     Marko        Perlt        Wejcman
Dauner       Johnson, A.  McCollum     Peterson     Wenzel
Davids       Johnson, R.  McGuire      Pugh         Winter
Dawkins      Johnson, V.  Milbert      Rest         Wolf
Delmont      Kahn         Molnau       Rhodes       Sp.Anderson,I
Dempsey      Kalis        Munger       Rice         
Dorn         Kelley       Murphy       Rukavina     
Entenza      Kelso        Ness         Sarna        
Farrell      Kinkel       Olson, E.    Schumacher   

Abrams       Finseth      Koppendrayer Onnen        Tompkins
Anderson, B. Frerichs     Krinkie      Paulsen      Tuma
Bettermann   Girard       Leppik       Pawlenty     Van Dellen
Bishop       Goodno       Lindner      Pellow       Van Engen
Boudreau     Gunther      Lynch        Rostberg     Vickerman
Bradley      Haas         Macklin      Smith        Weaver
Broecker     Hackbarth    Mares        Stanek       Worke
Commers      Holsten      McElroy      Sviggum      Workman 
Dehler       Knight       Mulder       Swenson, D.  
Erhardt      Knoblach     Olson, M.    Sykora       

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2381:

Jennings; Anderson, R., and Holsten.

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2190, A bill for an act relating to health; providing for the cancellation of recodification efforts; repealing Laws 1994, chapter 625, article 5, section 5, as amended.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2402, A bill for an act relating to motor vehicles; abolishing vehicle registration tax exemption for representatives of foreign powers; allowing special license plates for certain persons to be issued to owner of certain trucks; removing restriction on time to apply for disability plates; changing fee and certain administrative procedures relating to the registration program for fleet vehicles; abolishing requirements to keep records of motor vehicles not using the highways and to prepare certain unnecessary reports; making various technical changes; amending Minnesota Statutes 1994, sections 168.021, subdivision 1; 168.12, subdivisions 2a and 2b; 168.127; 168.325, subdivision 1; 168.33, subdivision 6; and 168.34; Minnesota Statutes 1995 Supplement, sections 168.012, subdivision 1; and 168.10, subdivision 1i; repealing Minnesota Statutes 1994, section 168.33, subdivisions 4 and 5.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 3052, A bill for an act relating to insurance; clarifying that existing law prohibits insurers from terminating agents as a result of contacts with any branch of government; amending Minnesota Statutes 1994, section 72A.20, subdivision 20.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

S. F. No. 302.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.

Patrick E. Flahaven, Secretary of the Senate

A bill for an act relating to employment; increasing the minimum wage; amending Minnesota Statutes 1994, section 177.24, subdivision 1.

March 28, 1996

The Honorable Allan H. Spear

President of the Senate

The Honorable Irv Anderson

Speaker of the House of Representatives

We, the undersigned conferees for S. F. No. 302, report that we have agreed upon the items in dispute and recommend as follows:

That the House recede from its amendments and that S. F. No. 302 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 177.24, subdivision 1, is amended to read:

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

(1) "Large employer" means an enterprise whose annual gross volume of sales made or business done is not less than $362,500 $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota fair labor standards act, sections 177.21 to 177.35.

(2) "Small employer" means an enterprise whose annual gross volume of sales made or business done is less than $362,500 $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota fair labor standards act, sections 177.21 to 177.35.

(b) Except as otherwise provided in sections 177.21 to 177.35, every large employer must pay each employee wages at a rate of at least $4.25 an hour beginning January 1, 1991 $5 an hour beginning September 1, 1996, and at least $5.35 an hour beginning September 1, 1997. Every small employer must pay each employee at a rate of at least $4 an hour beginning January 1, 1991 $4.75 an hour beginning September 1, 1996, and at least $5.10 an hour beginning September 1, 1997.

(c) A large employer must pay each employee at a rate of at least the minimum wage set by this section or federal law without the reduction for training wage or full-time student status allowed under federal law.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective September 1, 1996."

We request adoption of this report and repassage of the bill.

Senate Conferees: Randy C. Kelly, John Marty and Terry D. Johnston.

House Conferees: Tom Rukavina, Jean Wagenius and Steve Smith.

Rukavina moved that the report of the Conference Committee on S. F. No. 302 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

S. F. No. 302, A bill for an act relating to employment; increasing the minimum wage; amending Minnesota Statutes 1994, section 177.24, subdivision 1.

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

The question was taken on the repassage of the bill and the roll was called. There were 70 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greenfield   Lieder       Orfield      Smith
Bakk         Greiling     Long         Osthoff      Solberg
Bertram      Hasskamp     Lourey       Ostrom       Tomassoni
Brown        Hausman      Luther       Otremba      Trimble
Carlson, L.  Huntley      Mahon        Ozment       Tunheim
Carruthers   Jaros        Mariani      Pelowski     Wagenius
Clark        Jefferson    Marko        Perlt        Wejcman
Cooper       Johnson, A.  McCollum     Peterson     Wenzel
Dauner       Johnson, R.  McGuire      Pugh         Winter
Dawkins      Kahn         Milbert      Rest         Sp.Anderson,I
Delmont      Kalis        Munger       Rice         
Dorn         Kelley       Murphy       Rukavina     
JOURNAL OF THE HOUSE - 109th Day - Top of Page 9316

Entenza      Kelso        Olson, E.    Sarna        
Farrell      Kinkel       Opatz        Schumacher   
Garcia       Leighton     Orenstein    Skoglund     

Abrams       Erhardt      Knoblach     Ness         Swenson, H.
Anderson, B. Finseth      Koppendrayer Olson, M.    Sykora
Bettermann   Frerichs     Kraus        Onnen        Tompkins
Bishop       Girard       Krinkie      Osskopp      Tuma
Boudreau     Goodno       Larsen       Paulsen      Van Dellen
Bradley      Gunther      Leppik       Pawlenty     Van Engen
Broecker     Haas         Lindner      Pellow       Vickerman
Carlson, S.  Hackbarth    Lynch        Rhodes       Warkentin
Commers      Harder       Macklin      Rostberg     Weaver
Daggett      Holsten      Mares        Seagren      Wolf
Davids       Jennings     McElroy      Stanek       Worke
Dehler       Johnson, V.  Molnau       Sviggum      Workman 
Dempsey      Knight       Mulder       Swenson, D.  

Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.

The Speaker called Trimble to the Chair.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1956.

S. F. No. 1956 was reported to the House.

Kahn, Hausman, Mariani, Sarna and Trimble offered an amendment to S. F. No. 1956.

Weaver raised a point of order pursuant to rule 3.09 that the Kahn et al amendment was not in order.

Pursuant to section 245 of "Mason's Manual of Legislative Procedure", Speaker pro tempore Trimble submitted the following question to the House:

"Is it the judgment of the House that the point of order is well taken?"

A roll call was requested and properly seconded.

The question was taken on the Weaver point of order and the roll was called. There were 80 yeas and 52 nays as follows:

Those who voted in the affirmative were:

Abrams       Dempsey      Kelso        Ness         Swenson, H.
Anderson, B. Dorn         Knight       Olson, E.    Sykora
Anderson, R. Erhardt      Knoblach     Olson, M.    Tompkins
Bakk         Finseth      Koppendrayer Onnen        Tuma
JOURNAL OF THE HOUSE - 109th Day - Top of Page 9317

Bettermann   Frerichs     Kraus        Osskopp      Van Dellen
Bishop       Garcia       Krinkie      Ozment       Van Engen
Boudreau     Girard       Larsen       Paulsen      Vickerman
Bradley      Goodno       Leppik       Pawlenty     Warkentin
Broecker     Gunther      Lieder       Pellow       Weaver
Brown        Haas         Lindner      Pelowski     Wolf
Carlson, S.  Hackbarth    Lynch        Peterson     Worke
Commers      Harder       Macklin      Rostberg     Workman 
Cooper       Holsten      Mares        Seagren      
Daggett      Huntley      McCollum     Smith        
Davids       Jennings     McElroy      Stanek       
Dehler       Johnson, V.  Molnau       Sviggum      
Delmont      Kelley       Mulder       Swenson, D.  

Bertram      Hausman      Luther       Otremba      Tomassoni
Carlson, L.  Jaros        Mariani      Perlt        Trimble
Carruthers   Jefferson    Marko        Pugh         Tunheim
Clark        Johnson, A.  McGuire      Rest         Wagenius
Dauner       Johnson, R.  Milbert      Rhodes       Wejcman
Dawkins      Kahn         Munger       Rice         Wenzel
Entenza      Kalis        Murphy       Rukavina     Winter
Farrell      Kinkel       Opatz        Sarna        Sp.Anderson,I
Greenfield   Leighton     Orfield      Schumacher   
Greiling     Long         Osthoff      Skoglund     
Hasskamp     Lourey       Ostrom       Solberg      

S. F. No. 1956, A bill for an act relating to the environment; providing for an environmental permitting project; providing penalties; amending Minnesota Statutes 1994, sections 115.03, subdivisions 1 and 2; 115.04; 115.071, subdivisions 1, 2, 3, 4, and 5; 115.072; 115.075; 115.076, subdivision 1; 116.07, subdivision 9; and 116.091, subdivisions 1 and 3; Minnesota Statutes 1995 Supplement, section 116.072, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 114C.

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 134 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The Speaker resumed the Chair.

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

Carruthers moved that when the House adjourns today it adjourn until 2:00 p.m., Saturday, March 30, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:00 p.m., Saturday, March 30, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

Comments: webmaster@house.leg.state.mn.us