The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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. 2308, relating to accountants; modifying licensing provisions; providing for firm licensure; authorizing rulemaking.

H. F. No. 3297, relating to the environment; clarifying the liability of contractors performing certain response and development actions under MERLA; clarifying time for filing an action under MERLA; requiring public notice of proposed response actions; requiring a study.

H. F. No. 113, proposing an amendment to the Minnesota Constitution, article XI, section 14; extending to the year 2025 the dedication of lottery proceeds to the environment and natural resources trust fund and maximizing the long-term total return to the fund.

H. F. No. 3042, relating to regulated industries; modifying certain provisions of power purchase contracts and biomass fuel exemptions; lengthening exemption period for large telephone company to change rates; modifying provisions for public utilities commission to assess costs of certain proceedings; providing additional antislamming and disclosure requirements on long-distance service providers; clarifying requirements relating to notification of price increases; requiring provision of international toll blocking.

Warmest regards,

Arne H. Carlson

Governor

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 1998 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:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
2040		338	10:54 a.m. March 31	March 31
2267		339	10:55 a.m. March 31	March 31
	2308	340	10:46 a.m. March 31	March 31
	3297	341	10:48 a.m. March 31	March 31
	113	342	10:50 a.m. March 31	March 31
2966		343	10:58 a.m. March 31	March 31
2489		344	11:00 a.m. March 31	March 31
	3042	345	10:52 a.m. March 31	March 31

Sincerely,

Joan Anderson Growe
Secretary of State

The following House File was introduced:

Workman; Johnson, R.; Tuma; Swenson, H., and Harder introduced:

H. F. No. 3868, A bill for an act relating to public safety; waiving solid waste management taxes for counties affected by recent tornadoes.

A bill for an act relating to government data practices; modifying the Data Practices Act; providing for data privacy for certain audit information; classifying certain law enforcement data; providing for the classification of and access to government data; providing that certain documents may be classified as nonpublic data until negotiations with vendors and best and final offers are received; making technical and clarifying changes to tax disclosure provisions; amending Minnesota Statutes 1996, sections 13.794, subdivision 1; 13.82, by adding subdivisions; 13.85, subdivision 2; 13.99, by adding subdivisions; 171.12, subdivision 1; 270B.02, subdivision 3; 270B.03, subdivision 6; 270B.12, subdivision 6; and 629.341, subdivision 4; Minnesota Statutes 1997 Supplement, sections 13.46, subdivision 2; 260.161, subdivision 1; 268.19; 270B.01, subdivision 8; 299C.095, subdivision 2; and 471A.03, subdivision 3; repealing Minnesota Statutes 1996, section 270.10, subdivision 3.

April 1, 1998

The Honorable Allan H. Spear

President of the Senate

The Honorable Phil Carruthers

Speaker of the House of Representatives

We, the undersigned conferees for S. F. No. 1378, 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. 1378 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1997 Supplement, section 13.37, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them.

(b) "Trade secret information" means government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

(c) "Labor relations information" means management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position.

(d) "Parking space leasing data" means the following government data on an applicant for, or lessee of, a parking space: residence address, home telephone number, beginning and ending work hours, place of employment, and work telephone number, and location of the parking space.

(e) "Internal competitive proposal" means a proposal to provide government services that is prepared by the staff of a political subdivision in competition with proposals solicited by the political subdivision from the private sector.

Sec. 2. Minnesota Statutes 1997 Supplement, section 13.46, subdivision 2, is amended to read:

Subd. 2. [GENERAL.] (a) Unless the data is summary data or a statute specifically provides a different classification, data on individuals collected, maintained, used, or disseminated by the welfare system is private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system, including a law enforcement person, attorney, or investigator acting for it in the investigation or prosecution of a criminal or civil proceeding relating to the administration of a program;

(5) to personnel of the welfare system who require the data to determine eligibility, amount of assistance, and the need to provide services of additional programs to the individual;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) the amounts of cash public assistance and relief paid to welfare recipients in this state, including their names, social security numbers, income, addresses, and other data as required, upon request by the department of revenue to administer the property tax refund law, supplemental housing allowance, early refund of refundable tax credits, and the income tax. "Refundable tax credits" means the dependent care credit under section 290.067, the Minnesota working family credit under section 290.0671, the property tax refund under section 290A.04, and, if the required federal waiver or waivers are granted, the federal earned income tax credit under section 32 of the Internal Revenue Code;

(9) to between the department of human services and the Minnesota department of economic security for the purpose of monitoring the eligibility of the data subject for reemployment insurance, for any employment or training program administered, supervised, or certified by that agency, or for the purpose of administering any rehabilitation program, whether alone or in conjunction with the welfare system, and to verify receipt of energy assistance for the telephone assistance plan or to monitor and evaluate the statewide Minnesota family investment program by exchanging data on recipients and former recipients of food stamps, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;

(11) data maintained by residential programs as defined in section 245A.02 may be disclosed to the protection and advocacy system established in this state according to Part C of Public Law Number 98-527 to protect the legal and human rights of persons with mental retardation or other related conditions who live in residential facilities for these persons if the protection and advocacy system receives a complaint by or on behalf of that person and the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be disclosed to the higher education services office to the extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant social security numbers and names collected by the telephone assistance program may be disclosed to the department of revenue to conduct an electronic data match with the property tax refund database to determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a recipient of aid to families with dependent children or Minnesota family investment program-statewide may be disclosed to law enforcement officers who provide the name of the recipient and notify the agency that:

(i) the recipient:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony under the laws of the jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance or general assistance medical care may be disclosed to probation officers and corrections agents who are supervising the recipient and to law enforcement officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from food stamp applicant or recipient households may be disclosed to local, state, or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food Stamp Act, according to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, social security number, and, if available, photograph of any member of a household receiving food stamps shall be made available, on request, to a local, state, or federal law enforcement officer if the officer furnishes the agency with the name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law; or

(C) has information that is necessary for the officer to conduct an official duty related to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(19) certain information regarding child support obligors who are in arrears may be made public according to section 518.575;

(20) data on child support payments made by a child support obligor and data on the distribution of those payments excluding identifying information on obligees may be disclosed to all obligees to whom the obligor owes support, and data on the enforcement actions undertaken by the public authority and, the status of those actions, and data on the income of the obligor or obligee may be disclosed to the other party;

(21) data in the work reporting system may be disclosed under section 256.998, subdivision 7;

(22) to the department of children, families, and learning for the purpose of matching department of children, families, and learning student data with public assistance data to determine students eligible for free and reduced price meals, meal supplements, and free milk according to United States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to produce accurate numbers of students receiving aid to families with dependent children or Minnesota family investment program-statewide as required by section 124.175; and to allocate federal and state funds that are distributed based on income of the student's family; and to verify receipt of energy assistance for the telephone assistance plan;

(23) the current address and telephone number of program recipients and emergency contacts may be released to the commissioner of health or a local board of health as defined in section 145A.02, subdivision 2, when the commissioner or local board of health has reason to believe that a program recipient is a disease case, carrier, suspect case, or at risk of illness, and the data are necessary to locate the person; or

(24) to other state agencies, statewide systems, and political subdivisions of this state, including the attorney general, and agencies of other states, interstate information networks, federal agencies, and other entities as required by federal regulation or law for the administration of the child support enforcement program;

(25) to personnel of public assistance programs as defined in section 256.741, for access to the child support system database for the purpose of administration, including monitoring and evaluation of those public assistance programs; or

(26) to monitor and evaluate the statewide Minnesota family investment program by exchanging data between the departments of human services and children, families, and learning, on recipients and former recipients of food stamps, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B, 256D, or 256L.

(b) Information on persons who have been treated for drug or alcohol abuse may only be disclosed according to the requirements of Code of Federal Regulations, title 42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected nonpublic while the investigation is active. The data are private after the investigation becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is not subject to the access provisions of subdivision 10, paragraph (b).

Sec. 3. Minnesota Statutes 1996, section 13.794, subdivision 1, is amended to read:

Subdivision 1. [CONFIDENTIAL DATA OR PROTECTED NONPUBLIC DATA.] Data, notes, and preliminary drafts of reports created, collected, and maintained by the internal audit offices of state agencies and political subdivisions, or persons performing audits for state agencies and political subdivisions, and relating to an audit or investigation are confidential data on individuals or protected nonpublic data until the final report has been published or the audit or investigation is no longer being pursued actively., except that the data shall be disclosed as required to comply with section 6.67 or 609.456. This section does not limit in any way:

(1) the state auditor's access to government data of political subdivisions or data, notes, or preliminary drafts of reports of persons performing audits for political subdivisions; or

Sec. 4. Minnesota Statutes 1996, section 13.82, is amended by adding a subdivision to read:

Subd. 3b. [DOMESTIC ABUSE DATA.] The written police report required by section 629.341, subdivision 4, of an alleged incident described in section 629.341, subdivision 1, and arrest data, request for service data, and response or incident data described in subdivision 2, 3, or 4 that arise out of this type of incident or out of an alleged violation of an order for protection must be released upon request at no cost to an organization designated by the Minnesota center for crime victims services, the department of corrections, or the department of public safety as providing services to victims of domestic abuse. The executive director or the commissioner of the appropriate state agency shall develop written criteria for this designation in consultation with the battered women's advisory council.

Sec. 5. Minnesota Statutes 1996, section 13.85, subdivision 2, is amended to read:

Subd. 2. [PRIVATE DATA.] Unless the data are summary data or arrest data, or a statute specifically provides a different classification, corrections and detention data on individuals are classified as private pursuant to section 13.02, subdivision 12, to the extent that the release of the data would either (a) disclose personal, medical, psychological, or financial information, or personal information not related to their lawful confinement or detainment or (b) endanger an individual's life.

Sec. 6. Minnesota Statutes 1996, section 13.99, is amended by adding a subdivision to read:

Subd. 97b. [CAPITAL INTENSIVE PUBLIC SERVICE PROPOSALS AND NEGOTIATION DOCUMENTS.] Proposals received from vendors, and all government data received from vendors or generated by a municipality relating to negotiations with vendors, for capital intensive public services are classified under section 471A.03, subdivision 3.

Sec. 7. Minnesota Statutes 1996, section 13.99, is amended by adding a subdivision to read:

Subd. 114a. [DOMESTIC ABUSE POLICE REPORTS.] Police reports on domestic incidents are classified under section 629.341.

Sec. 8. Minnesota Statutes 1996, section 168.346, is amended to read:

168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.]

(a) The registered owner of a motor vehicle may request in writing that the owner's residence address or name and residence address be classified as private data on individuals, as defined in section 13.02, subdivision 12. The commissioner shall grant the classification upon receipt of a signed statement by the owner that the classification is required for the safety of the owner or the owner's family, if the statement also provides a valid, existing address where the owner consents to receive service of process. The commissioner shall use the mailing address in place of the residence address in all documents and notices pertaining to the motor vehicle. The residence address or name and residence address and any information provided in the classification request, other than the mailing address, are private data on individuals and may be provided to requesting law enforcement agencies, probation and parole agencies, and public authorities, as defined in section 518.54, subdivision 9.

(b) An individual registered owner of a motor vehicle must be informed in a clear and conspicuous manner on the forms for issuance or renewal of titles and registrations, that the owner's personal information may be disclosed to any person who makes a request for the personal information, and that, except for uses permitted by United States Code, title 18, section 2721, clause (b), the registered owner may prohibit disclosure of the personal information by so indicating on the form. For purposes of this paragraph, access by requesters making requests described in section 168.345, subdivision 4, is deemed to be related to public safety.

(d) To the extent permitted by United States Code, title 18, section 2721, data on individuals provided to register a motor vehicle is public data on individuals and shall be disclosed as permitted by United States Code, title 18, section 2721, clause (b).

Sec. 9. Minnesota Statutes 1996, section 171.12, subdivision 1, is amended to read:

Subdivision 1. [LICENSES FILED IN ALPHABETICAL ORDER.] The department shall file every application for a driver's license received by it and shall maintain suitable indices containing, in alphabetical order:

(1) all applications denied and the reason for denial;

(2) all applications granted; and

(3) the name of every person whose license has been suspended, revoked, or canceled or who has been disqualified from operating a commercial motor vehicle by the department, and after each name the reasons for the action.

Notwithstanding section 260.161, data revealing that the reason for the action under clause (3) is an order of the juvenile court are accessible to the public.

Sec. 10. Minnesota Statutes 1997 Supplement, section 260.161, subdivision 1, is amended to read:

Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The juvenile court judge shall keep such minutes and in such manner as the court deems necessary and proper. Except as provided in paragraph (b), the court shall keep and maintain records pertaining to delinquent adjudications until the person reaches the age of 28 years and shall release the records on an individual to another juvenile court that has jurisdiction of the juvenile, to a requesting adult court for purposes of sentencing, or to an adult court or juvenile court as required by the right of confrontation of either the United States Constitution or the Minnesota Constitution. The juvenile court shall provide, upon the request of any other juvenile court, copies of the records concerning adjudications involving the particular child. The court also may provide copies of records concerning delinquency adjudications, on request, to law enforcement agencies, probation officers, and corrections agents if the court finds that providing these records serves public safety or is in the best interests of the child. Until July 1, 1999, juvenile court delinquency proceeding records of adjudications, court transcripts, and delinquency petitions, including any probable cause attachments that have been filed or police officer reports relating to a petition, must be released to requesting law enforcement agencies and prosecuting authorities for purposes of investigating and prosecuting violations of section 609.229, provided that psychological or mental health reports may not be included with those records. The records have the same data classification in the hands of the agency receiving them as they had in the hands of the court the records may release the records only as permitted under this section or authorized by law.

The court shall also keep an index in which files pertaining to juvenile matters shall be indexed under the name of the child. After the name of each file shall be shown the file number and, if ordered by the court, the book and page of the register in which the documents pertaining to such file are listed. The court shall also keep a register properly indexed in which shall be listed under the name of the child all documents filed pertaining to the child and in the order filed. The list shall show the name of the document and the date of filing thereof. The juvenile court legal records shall be deposited in files and shall include the petition, summons, notice, findings, orders, decrees, judgments, and motions and such other matters as the court deems necessary and proper. Unless otherwise provided by law, all court records shall be open at all reasonable times to the inspection of any child to whom the records relate, and to the child's parent and guardian.

Sec. 11. Minnesota Statutes 1997 Supplement, section 268.19, is amended to read:

268.19 [INFORMATION.]

(a) Except as hereinafter otherwise provided by this section, data gathered from any employing unit employer or individual pursuant to the administration of sections 268.03 to 268.23, and from any determination as to the benefit rights of any individual are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except pursuant to a court order or section 13.05. These data may be disseminated to and used by the following agencies without the consent of the subject of the data:

(a) (1) state and federal agencies specifically authorized access to the data by state or federal law;

(b) (2) any agency of this Minnesota or any other state; or any federal agency charged with the administration of an employment security law or the maintenance of a system of public employment offices;

(c) local (3) human rights groups agencies within the state which Minnesota that have enforcement powers;

(d) (4) the department of revenue shall have access to department of economic security private data on individuals and nonpublic data not on individuals only to the extent necessary for enforcement of Minnesota tax laws;

(e) (5) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;

(f) (6) the department of labor and industry on an interchangeable basis with the department of economic security subject to the following limitations and notwithstanding any law to the contrary:

(1) (i) the department of economic security shall have access to private data on individuals and nonpublic data not on individuals for uses consistent with the administration of its duties under sections 268.03 to 268.23; and

(2) (ii) the department of labor and industry shall have access to private data on individuals and nonpublic data not on individuals for uses consistent with the administration of its duties under state Minnesota law;

(g) (7) the department of trade and economic development may have access to private data on individual employing units employers and nonpublic data not on individual employing units employers for its internal use only; when received by the department of trade and economic development, the data remain private data on individuals or nonpublic data;

(h) (8) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department of economic security or to monitor and evaluate the statewide Minnesota family investment program by providing data on recipients and former recipients of food stamps, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;

(i) (9) local, state, and federal law enforcement agencies for the sole purpose of ascertaining the last known address and employment location of the data subject, provided the data subject is the subject of a criminal investigation; and

(j) (10) the department of health may have access to private data on individuals and nonpublic data not on individuals solely for the purposes of epidemiologic investigations.

(c) Tape recordings and transcripts of recordings of proceedings conducted in accordance with section 268.105 and exhibits received into evidence at those proceedings are private data on individuals and nonpublic data not on individuals and shall be disclosed only pursuant to the administration of section 268.105, or pursuant to a court order.

Aggregate data about employers compiled from individual job orders placed with the department of economic security are private data on individuals and nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, if the commissioner determines that divulging the data would result in disclosure of the identity of the employer.

(d) The department may disseminate an employer's name, address, industry code, occupations employed, and the number of employees by ranges of not less than 100 for the purpose of assisting individuals using the Minnesota workforce center system in obtaining employment.

(e) The general aptitude test battery and the nonverbal aptitude test battery as administered by the department are also classified as private data on individuals or nonpublic data.

(f) Data on individuals collected, maintained, or created because an individual applies for benefits or services provided by the energy assistance and weatherization programs administered by the department of economic security is private data on individuals and shall not be disseminated except pursuant to section 13.05, subdivisions 3 and 4.

(g) Data gathered by the department pursuant to the administration of sections 268.03 to 268.23 shall not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.

Sec. 12. Minnesota Statutes 1997 Supplement, section 270B.01, subdivision 8, is amended to read:

Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this chapter only, unless expressly stated otherwise, "Minnesota tax laws" means the taxes, refunds, and fees administered by or paid to the commissioner under chapters 115B (except taxes imposed under sections 115B.21 to 115B.24), 289A (except taxes imposed under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 297A, and 297H and sections 295.50 to 295.59, or any similar Indian tribal tax administered by the commissioner pursuant to any tax agreement between the state and the Indian tribal government, and includes any laws for the assessment, collection, and enforcement of those taxes, refunds, and fees.

Sec. 13. Minnesota Statutes 1996, section 270B.02, subdivision 3, is amended to read:

Subd. 3. [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED NONPUBLIC DATA.] (a) Except as provided in paragraph (b), the name or existence of an informer, informer letters, and other unsolicited data, in whatever form, given to the department of revenue by a person, other than the data subject, who informs that a specific taxpayer is not or may not be in compliance with tax laws, or nontax laws administered by the department of revenue, including laws not listed in section 270B.01, subdivision 8, are confidential data on individuals or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13.

(b) Data under paragraph (a) may be disclosed with the consent of the informer or upon a written finding by a court that the information provided by the informer was false and that there is evidence that the information was provided in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the rules of criminal procedure.

Sec. 14. Minnesota Statutes 1996, section 270B.03, subdivision 6, is amended to read:

Sec. 15. Minnesota Statutes 1996, section 270B.12, subdivision 6, is amended to read:

Subd. 6. [DEPARTMENT OF REVENUE EMPLOYEES; ATTORNEY GENERAL.] Returns and return information may shall be open to inspection by or disclosure to an employee or agent of the department of revenue and the attorney general only for the purpose of and to the extent necessary to administer tax laws.

Sec. 16. Minnesota Statutes 1997 Supplement, section 299C.095, subdivision 2, is amended to read:

Subd. 2. [RETENTION.] (a) Notwithstanding section 138.17, the bureau shall retain juvenile history records for the time periods provided in this subdivision. Notwithstanding contrary provisions of paragraphs (b) to (e), all data in a juvenile history record must be retained for the longest time period applicable to any item in the individual juvenile history record. If, before data are destroyed under this subdivision, the subject of the data is convicted of a felony as an adult, the individual's juvenile history record must be retained for the same time period as an adult criminal history record.

(b) Juvenile history data on a child who was arrested must be destroyed six months after the arrest if the child has not been referred to a diversion program and no petition has been filed against the child by that time.

(c) Juvenile history data on a child against whom a delinquency petition was filed and subsequently dismissed must be destroyed upon receiving notice from the court that the petition was dismissed.

(d) Juvenile history data on a child who was referred to a diversion program or against whom a delinquency petition has been filed and continued for dismissal must be destroyed when the child reaches age 21.

(e) Juvenile history data on a child against whom a delinquency petition was filed and continued without adjudication, or a child who was found to have committed a felony or gross misdemeanor-level offense, must be destroyed when the child reaches age 28. If the offender commits a felony violation as an adult, the bureau shall retain the data for as long as the data would have been retained if the offender had been an adult at the time of the juvenile offense.

(f) The bureau shall retain extended jurisdiction juvenile data on an individual received under section 260.161, subdivision 1a, paragraph (c), for as long as the data would have been retained if the offender had been an adult at the time of the offense.

(g) Data retained on individuals under this subdivision are private data under section 13.02, except that extended jurisdiction juvenile data become public data under section 13.87, subdivision 2, when the juvenile court notifies the bureau that the individual's adult sentence has been executed under section 260.126, subdivision 5.

(h) A person who receives data on a juvenile under paragraphs (b) to (e) from the bureau shall destroy the data according to the schedule in this subdivision, unless the person has access to the data under other law. The bureau shall include a notice of the destruction schedule with all data it disseminates on juveniles.

Sec. 17. Minnesota Statutes 1997 Supplement, section 471A.03, subdivision 3, is amended to read:

Sec. 18. Minnesota Statutes 1996, section 629.341, subdivision 4, is amended to read:

Subd. 4. [REPORT REQUIRED.] Whenever a peace officer investigates an allegation that an incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer shall make a written police report of the alleged incident. The report must contain at least the following information: the name, address and telephone number of the victim, if provided by the victim, a statement as to whether an arrest occurred, the name of the arrested person, and a brief summary of the incident. Data that identify a victim who has made a request under section 13.82, subdivision 10, paragraph (d), and that are private data under that subdivision, shall be private in the report required by this section. A copy of this report must be provided upon request, at no cost, to organizations designated by the Minnesota crime victims services center, the department of public safety, or the commissioner of corrections that are providing services to victims of domestic abuse. The officer shall submit the report to the officer's supervisor or other person to whom the employer's rules or policies require reports of similar allegations of criminal activity to be made.

Sec. 19. [TRIBAL HEALTH DATA.]

All data created, collected, received, or maintained by the commissioner of health in conjunction and cooperation with a federally recognized Indian tribe with an enrolled membership of under 550 individuals and which relate to cancer incidence among tribal members are private data on individuals as defined in Minnesota Statutes, section 13.02.

Sec. 20. [LEGISLATIVE SUBPOENA; DISCLOSURE OF CHILD PROTECTION DATA.]

(a) Notwithstanding Minnesota Statutes, section 626.556, subdivision 11, or any other law to the contrary governing access to government data, data on individuals related to investigations and assessments under Minnesota Statutes, section 626.556, must be released in response to a legislative subpoena issued by a standing legislative committee under Minnesota Statutes, section 3.153.

(b) This section expires on July 1, 1999.

Sec. 21. [REPEALER.]

Minnesota Statutes 1996, section 270.10, subdivision 3, is repealed.

Sec. 22. [REVISOR'S INSTRUCTION.]

In the next edition of Minnesota Statutes, the revisor must renumber section 13.794 as 13.392 or otherwise include it among appropriate sections that refer to both state agencies and political subdivisions in Minnesota Statutes, chapter 13.

Sec. 23. [EFFECTIVE DATES.]

Sections 2, clause (25); 6; 12 to 15; 17; 20; and 21 are effective the day following final enactment.

Sections 3 and 22 are effective July 1, 1998."

Delete the title and insert:

Minnesota Statutes 1997 Supplement, sections 13.37, subdivision 1; 13.46, subdivision 2; 260.161, subdivision 1; 268.19; 270B.01, subdivision 8; 299C.095, subdivision 2; and 471A.03, subdivision 3; repealing Minnesota Statutes 1996, section 270.10, subdivision 3."

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

Senate Conferees: Don Betzold, David L. Knutson and Deanna L. Wiener.

House Conferees: Mary Jo McGuire, Bill Macklin and Wesley J. "Wes" Skoglund.

McGuire moved that the report of the Conference Committee on S. F. No. 1378 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

S. F. No. 1378, A bill for an act relating to government data practices; modifying the Data Practices Act; providing for data privacy for certain audit information; classifying certain law enforcement data; providing for the classification of and access to government data; providing that certain documents may be classified as nonpublic data until negotiations with vendors and best and final offers are received; making technical and clarifying changes to tax disclosure provisions; amending Minnesota Statutes 1996, sections 13.794, subdivision 1; 13.82, by adding subdivisions; 13.85, subdivision 2; 13.99, by adding subdivisions; 171.12, subdivision 1; 270B.02, subdivision 3; 270B.03, subdivision 6; 270B.12, subdivision 6; and 629.341, subdivision 4; Minnesota Statutes 1997 Supplement, sections 13.46, subdivision 2; 260.161, subdivision 1; 268.19; 270B.01, subdivision 8; 299C.095, subdivision 2; and 471A.03, subdivision 3; repealing Minnesota Statutes 1996, section 270.10, subdivision 3.

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 72 yeas and 58 nays as follows:

Those who voted in the affirmative were:

Biernat	Garcia	Juhnke	Mahon	Orfield	Slawik
Broecker	Greenfield	Kahn	Mares	Osthoff	Solberg
Carlson	Greiling	Kalis	Mariani	Otremba, M.	Stanek
Chaudhary	Hasskamp	Kelso	Marko	Paymar	Trimble
Clark, K.	Hausman	Koskinen	McCollum	Pelowski	Tunheim
Dawkins	Hilty	Kraus	McGuire	Peterson	Vandeveer
Delmont	Huntley	Kubly	Milbert	Pugh	Wagenius
Dorn	Jaros	Larsen	Mullery	Rest	Weaver
Entenza	Jefferson	Leighton	Munger	Schumacher	Wejcman
Evans	Jennings	Lieder	Murphy	Sekhon	Wenzel
Farrell	Johnson, A.	Long	Olson, E.	Skare	Winter
Folliard	Johnson, R.	Macklin	Opatz	Skoglund	Spk. Carruthers

Those who voted in the negative were:

Abrams	Daggett	Harder	Molnau	Rifenberg	Tomassoni
Anderson, B.	Davids	Holsten	Mulder	Rostberg	Tompkins
Anderson, I.	Dehler	Kielkucki	Ness	Rukavina	Tuma
Bakk	Dempsey	Knight	Nornes	Seagren	Van Dellen
Bettermann	Erhardt	Knoblach	Olson, M.	Seifert	Westfall
Bishop	Erickson	Krinkie	Osskopp	Stang	Westrom
Boudreau	Finseth	Kuisle	Paulsen	Sviggum	Wolf
Bradley	Goodno	Leppik	Pawlenty	Swenson, H.	Workman
Clark, J.	Gunther	Lindner	Reuter	Sykora
Commers	Haas	McElroy	Rhodes	Tingelstad

Mr. Speaker:

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

S. F. No. 3298.

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 the organization and operation of state government; appropriating money for transportation, public safety, and other purposes; redistributing five percent of highway user tax distribution fund; creating flexible highway, town road, and town bridge accounts; exempting air ambulance aircraft from registration and tax; establishing midtown planning and coordination board; establishing dealer licensing and motor vehicle registration enforcement task force; requiring vehicle registration and insurance study; amending Minnesota Statutes 1996, sections 161.081, subdivision 1, and by adding a subdivision; 161.082, subdivisions 1 and 2a; 162.081, subdivision 1; 169.733, subdivision 1; 169.825, subdivision 8; and 360.653; Laws 1997, chapter 159, article 1, section 2, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 473.

March 17, 1998

The Honorable Allan H. Spear

President of the Senate

The Honorable Phil Carruthers

Speaker of the House of Representatives

We, the undersigned conferees for S. F. No. 3298, 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. 3298 be further amended as follows:

Delete everything after the enacting clause and insert:

Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.]

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

1998 1999

General Fund $ -0-$ 344,000

Trunk Highway Fund 200,000 50,637,000

APPROPRIATIONS

Available for the Year

Ending June 30

1998 1999

Sec. 2. DEPARTMENT OF PUBLIC SAFETY $ 200,000 $ 4,170,000

General -0- 294,000

Trunk Highway 200,000 3,826,000

Highway User Tax

Distribution Fund -0- 50,000

(a) State Patrol

General -0- 294,000

Trunk Highway -0- 3,591,000

Highway User Tax

Distribution Fund -0- 50,000

These appropriations are added to the appropriation in Laws 1997, chapter 159, article 1, section 4, subdivision 3.

$50,000 from the highway user tax distribution fund is for the vehicle registration and insurance study.

$294,000 from the general fund for fiscal year 1999 is for additional capitol complex security staff.

$200,000 from the trunk highway fund for fiscal year 1998 is for additional state patrol flight time to enhance law enforcement efforts through airborne enforcement.

$2,697,000 from the trunk highway fund for fiscal year 1999 is for 29 additional state troopers and related support staff.

$694,000 from the trunk highway fund for fiscal year 1999 is for replacement and maintenance of state patrol communications equipment.

(b) Driver and Vehicle Services

200,000 235,000

$200,000 for fiscal year 1998 and $235,000 for fiscal year 1999 are added to the appropriations in Laws 1997, chapter 159, article 1, section 4, subdivision 4, for driver's license and identification card cost increases. This appropriation is from the trunk highway fund.

Sec. 3. DEPARTMENT OF TRANSPORTATION -0- 46,861,000

General -0- 50,000

Trunk Highway -0- 46,811,000

(a) State Road Construction

-0- 40,000,000

$40,000,000 is appropriated from the trunk highway fund for state road construction in fiscal year 1999 and is added to the appropriation in Laws 1997, chapter 159, article 1, section 2, subdivision 7, clause (a). The commissioner shall report to the legislature by January 2, 1999, on actual and planned expenditures of this appropriation.

The commissioner shall consider utilizing fibrous matting products manufactured in this state, in the course of highway construction, maintenance, and improvement, when these products are similar in price and quality to fibrous matting products manufactured outside this state.

(b) Design Engineering and Construction Engineering

-0- 6,800,000

$6,800,000 is appropriated in fiscal year 1999 from the trunk highway fund for design engineering and construction engineering and is added to the appropriations in Laws 1997, chapter 159, article 1, section 2, subdivision 7, clauses (d) and (e), as needed.

(c) Aeronautics

-0- 61,000

General -0- 50,000

Trunk Highway -0- 11,000

$50,000 from the general fund and $11,000 from the trunk highway fund for fiscal year 1999 are appropriated for transfer to the state airports fund to reimburse the fund for air transportation services.

Sec. 4. [STUDY; BLUE LIGHTS ON EMERGENCY VEHICLES.]

(a) The commissioner of public safety shall study the feasibility and desirability of allowing emergency vehicles to display blue lights to the front and rear of the vehicles, and shall make recommendations concerning the types of vehicles that should be allowed to display or be prohibited from displaying blue lights. The study must include:

(1) the safety implications of allowing blue lights to the front and rear of emergency vehicles;

(3) the cost to the department of transportation and local road authorities of complying with the commissioner's recommendation concerning the use of blue lights on road maintenance equipment.

(b) The commissioner shall report to the governor and legislature on the results of the study not later than January 15, 1999.

Sec. 5. [DEALER LICENSING AND MOTOR VEHICLE REGISTRATION ENFORCEMENT TASK FORCE.]

Subdivision 1. [ESTABLISHED IN DEPARTMENT OF PUBLIC SAFETY.] The dealer licensing and motor vehicle registration enforcement task force is established in the department of public safety. In consultation with the chief of the state patrol, the commissioner of public safety shall designate four members of the patrol to carry out the investigatory responsibilities of the task force. The commissioner shall provide the task force with necessary staff and equipment support.

Subd. 2. [INVESTIGATIONS.] The task force shall investigate activity by persons engaged in the sale and registration of motor vehicles in violation of Minnesota law, specifically Minnesota Statutes, sections 168.27; 168A.30; 297B.035, subdivision 3; and 325F.664 to 325F.6643.

Subd. 3. [EXPIRATION OF TASK FORCE.] The task force expires July 1, 2000.

Sec. 6. [VEHICLE REGISTRATION AND INSURANCE STUDY.]

Subdivision 1. [PURPOSE OF STUDY.] The commissioner of public safety, in conjunction with the dealer licensing and motor vehicle registration enforcement task force, and with representatives of the insurance industry, shall conduct a study to determine:

(1) the incidence of private passenger vehicles domiciled in this state but registered in other states in violation of Minnesota vehicle registration laws; and

(2) the number of uninsured motorists in this state.

Subd. 2. [STUDY ELEMENTS.] The study must include an evaluation of the cost effectiveness and feasibility of:

(1) exchanging tax, vehicle registration, and driver's license information with other states;

(2) utilizing a private vendor computer database to enforce the state's vehicle registration and mandatory automobile insurance laws; and

(3) ensuring that vehicles domiciled in this state are registered in this state.

Subd. 3. [REPORT.] The commissioner shall report to the governor and legislature by February 15, 1999.

Sec. 7. Minnesota Statutes 1996, section 169.733, subdivision 1, is amended to read:

Subdivision 1. [VEHICLES GENERALLY.] Every truck, truck-tractor, trailer, semitrailer, pole trailer, and rear-end dump truck, excepting rear-end dump farm trucks and military vehicles of the United States, shall be provided with wheel flaps or other suitable protection above and behind the rearmost wheels of the vehicle or combination of vehicles to prevent, as far as practicable, such wheels from throwing dirt, water, or other materials on the windshields of vehicles which follow. Such flaps or protectors shall be at least as wide as the tires they are protecting and shall have a ground clearance of not more than one-fifth of the horizontal distance from the center of the rearmost axle to the flap under any conditions of loading or operation of the motor vehicle.

Sec. 8. Minnesota Statutes 1996, section 169.825, subdivision 8, is amended to read:

Subd. 8. [PNEUMATIC-TIRED VEHICLES.] No vehicle or combination of vehicles equipped with pneumatic tires shall be operated upon the highways of this state:

(b) Where the gross weight on any single axle exceeds 18,000 pounds, except that on designated local routes and state trunk highways the gross weight on any single axle shall not exceed 20,000 pounds;

(c) Where the maximum wheel load:

(1) on the foremost and rearmost steering axles, exceeds 600 pounds per inch of tire width or the manufacturer's recommended load, whichever is less; or

(2) on other axles, exceeds 500 pounds per inch of tire width or the manufacturer's recommended load, whichever is less;

Clause (2) applies to new vehicles manufactured after August 1, 1991. For vehicles manufactured before August 2, 1991, the maximum weight per inch of tire width is 600 pounds per inch or the manufacturer's recommended load, whichever is less, until August 1, 1996. After July 31, 1996, clause (2) applies to all vehicles regardless of date of manufacture.

(d) Where the gross weight on any axle of a tridem exceeds 15,000 pounds, except that for vehicles to which an additional axle has been added prior to June 1, 1981, the maximum gross weight on any axle of a tridem may be up to 16,000 pounds provided the gross weight of the tridem combination does not exceed 39,900 pounds where the first and third axles of the tridem are spaced nine feet apart.

(e) Where the gross weight on any group of axles exceeds the weights permitted under this section with any or all of the interior axles disregarded, and with an exterior axle disregarded if the exterior axle is a variable load axle that is not carrying its intended weight, and their gross weights subtracted from the gross weight of all axles of the group under consideration.

Sec. 9. Minnesota Statutes 1996, section 360.024, is amended to read:

360.024 [AIR TRANSPORTATION SERVICES, COST REIMBURSEMENT SERVICE CHARGES.]

The commissioner shall charge users of air transportation services provided by the commissioner for all direct operating costs, including salaries and acquisition of excluding pilot salary and aircraft acquisition costs. All receipts for these services shall be deposited in the air transportation services account in the state airports fund and are appropriated to the commissioner to pay all these direct air service operating costs , including salaries. Receipts to cover the cost of acquisition of aircraft must be transferred and credited to the account or fund whose assets were used for the acquisition.

Sec. 10. Minnesota Statutes 1996, section 360.653, is amended to read:

360.653 [AIRCRAFT, EXEMPTIONS.]

The following aircraft, under the conditions specified, shall be exempt from the registration and the tax provided by sections 360.511 to 360.67.

(1) Any aircraft held by a dealer listed and used as provided in section 360.63, except that aircraft held by dealers on October 1, of each year, shall be registered and the entire tax provided by sections 360.511 to 360.67 shall be paid for the portion of the fiscal year, prorated on a monthly basis remaining after the aircraft came into the possession of the dealer. It is further provided that a dealer who has previously had aircraft on withholding may register such aircraft in September of each fiscal year by payment of an amount equal to one-third of the annual tax, which tax shall be applicable for the months of September through December and in January the dealer may again list these aircraft on the dealer's withholding form.

(2) Aircraft remaining in the possession of aircraft manufacturers ten months after completion shall become subject to the tax provided by sections 360.511 to 360.67. The tax shall be computed from the expiration of the ten months period and shall be prorated on a monthly basis.

(3) Aircraft while in the hands of aircraft refitters for the purpose of being refitted or modified or both, and while being refitted or modified or both.

Sec. 11. Laws 1997, chapter 159, article 1, section 2, subdivision 2, is amended to read:

Subd. 2. Aeronautics 18,296,000 17,958,000

Airports 17,896,000 17,958,000

General 400,000 -0-

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

(a) Airport Development and Assistance

1998 1999

12,948,000 12,948,000

$12,846,000 the first year and $12,846,000 the second year are for navigational aids, construction grants, and maintenance grants. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

These appropriations must be spent in accordance with Minnesota Statutes, section 360.305, subdivision 4.

$12,000 the first year and $12,000 the second year are for maintenance of the Pine Creek Airport.

$90,000 the first year and $90,000 the second year are for air service grants. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

(b) Aviation Support

4,880,000 4,941,000

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

$200,000 the first year and $200,000 the second year are for the air service marketing program under Minnesota Statutes, section 360.0151.

(c) Air Transportation Services

468,000 69,000

Airports 68,000 69,000

General 400,000 -0-

$400,000 the first year is from the general fund for refurbishing a federal surplus jet airplane for state ownership and use.

Sec. 12. [EFFECTIVE DATE.]

Section 1. Minnesota Statutes 1996, section 161.081, subdivision 1, is amended to read:

Subdivision 1. [DISTRIBUTION OF FIVE PERCENT.] Pursuant to article 14, section 5, of the constitution, five percent of the net highway user tax distribution fund is set aside, and apportioned as follows:

(1) 28 percent to the trunk highway fund;

(2) 64 percent to a separate account in the county state-aid highway fund to be known as the county turnback account, which account in the state treasury is hereby created;

(3) 8 percent to a separate account in the municipal state-aid street fund to be known as the municipal turnback account, which account in the state treasury is hereby created.

That apportionment is further distributed as follows:

(1) 30.5 percent to the town road account created in section 162.081;

(2) 16 percent to the town bridge account, which is created in the state treasury; and

(3) 53.5 percent to the flexible highway account created in subdivision 3.

Sec. 2. Minnesota Statutes 1996, section 161.081, is amended by adding a subdivision to read:

Subd. 3. [FLEXIBLE HIGHWAY ACCOUNT; TURNBACK ACCOUNTS.] (a) The flexible highway account is created in the state treasury. Money in the account may be used either for the restoration of former trunk highways that have reverted to counties or to statutory or home rule charter cities or for regular trunk highway purposes.

(b) For purposes of this subdivision, "restoration" means the level of effort required to improve the route that will be turned back to an acceptable condition as determined by agreement made between the commissioner and the county or city before the route is turned back.

(c) The commissioner shall review the need for funds to restore highways that have been or will be turned back and the need for funds for the trunk highway system. The commissioner shall determine, on a biennial basis, the percentage of this flexible account to be used for county turnbacks, for municipal turnbacks, and for regular trunk highway projects. The commissioner shall make this determination only after meeting and holding discussions with committees selected by the statewide associations of both county commissioners and municipal officials.

(d) Money that will be used for the restoration of trunk highways that have reverted or that will revert to cities must be deposited in the municipal turnback account, which is created in the state treasury.

(e) Money that will be used for the restoration of trunk highways that have reverted or that will revert to counties must be deposited in the county turnback account, which is created in the state treasury.

(f) As part of each biennial budget submission to the legislature, the commissioner shall describe how the money in the flexible highway account will be apportioned among the county turnback account, the municipal turnback account, and the trunk highway fund.

Sec. 3. Minnesota Statutes 1996, section 161.082, subdivision 1, is amended to read:

Subdivision 1. [RULES.] Except as hereinafter provided in this section and in section 161.081, all money accruing to the county turnback account shall be expended in accordance with rules of the commissioner of transportation in paying a county for the restoration of former trunk highways, or portions thereof, that have reverted to the county in accordance with law, and have become a part of the county state-aid highway system.

Sec. 4. Minnesota Statutes 1996, section 161.082, subdivision 2a, is amended to read:

Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] An amount equal to 25 percent of the county turnback (a) Money in the town bridge account must be expended on town road bridge structures that are ten feet or more in length and on town road culverts that replace existing town road bridges. In addition, if the present bridge structure is less than ten feet in length but a hydrological survey indicates that the replacement bridge structure or culvert must be ten feet or more in length, then the bridge or culvert is eligible for replacement funds.

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

(c) The expenditures on bridge structures and culverts may be on a matching basis, and if on a matching basis, not more than 90 percent of the cost of a bridge structure or culvert may be paid from the county turnback account. and may be for 100 percent of the cost of the replacement structure or culvert or for 100 percent of the cost of rehabilitating the existing structure.

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

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

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

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

An amount equal to 47.5 percent of the county turnback account must be set aside as a town road account and (f) Money in the town road account must be distributed as provided in section 162.081.

Sec. 5. Minnesota Statutes 1996, section 162.081, subdivision 1, is amended to read:

Subdivision 1. [ACCOUNT CREATED.] A town road account is created in the county state-aid highway fund, consisting of the amounts transferred from the county turnback account as provided in section 161.082.

Sec. 6. Minnesota Statutes 1996, section 162.09, subdivision 1, is amended to read:

of the city pursuant to law on or after May 11, 1994. For purposes of this subdivision, the total miles of city streets and county roads within the jurisdiction of a city includes all miles of county highways turned back to that city's jurisdiction on or after May 11, 1994. The system shall be established, located, constructed, reconstructed, improved, and maintained as public highways within such cities under rules, not inconsistent with this section, made and promulgated by the commissioner as hereinafter provided.

Sec. 7. [473.910] [MIDTOWN PLANNING AND COORDINATION BOARD.]

Subdivision 1. [ESTABLISHED.] The midtown planning and coordination board is established.

Subd. 2. [PURPOSE.] The purpose of the board is to do planning for the Lake Street corridor area along with and including neighborhoods one-half mile on either side of Lake Street in Minneapolis from the western city limits to the Mississippi river, and to do planning and coordination for economic development, transportation, and residential renewal, with the cooperation of affected government, civic, business, and neighborhood entities.

Subd. 3. [MEMBERSHIP.] The board shall be composed of 13 members. Three members must be appointed by the Minneapolis city council from among its members; three by the Hennepin county board, from among its members; one by the Minneapolis park board, from among its members; one by the metropolitan council, from among its members; two members of the public appointed by the Minneapolis city council; two members of the public appointed by the Hennepin county board; and one member appointed by the member of Congress from the fifth district or the member's designee. The public members must reside or do business in the affected area.

Subd. 4. [OFFICERS.] The chair of the board shall be elected by, and from among, the members of the board for a one-year term. The chair shall preside at meetings of the board, if present, and shall perform all other duties assigned by the board or by law. The board shall elect officers in addition to the chair as it deems necessary for the conduct of its duties.

Subd. 5. [MEMBERSHIP TERMS.] The terms of the members shall be three years with the terms ending on June 30, 2001.

Subd. 6. [COMPENSATION AND MEMBERSHIP.] Compensation of members, removal of members, and filling of membership vacancies is governed by section 15.0575, if not covered in this section.

Subd. 7. [DURATION.] The board continues to exist until expressly abolished by law.

Sec. 8. [473.912] [POWERS OF BOARD.]

Subdivision 1. [GENERAL POWERS.] The board has all powers that may be necessary or convenient to enable it to perform the duties and responsibilities imposed on it by law. The powers include the specific powers enumerated in this section.

Subd. 2. [GIFTS AND APPROPRIATIONS.] The board may accept gifts; apply for and use grants of money or other property from the United States, the state, or any person for any board purpose, and may enter into agreements required in connection therewith; and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, or agreement relating to it.

Sec. 9. [EFFECTIVE DATE.]

Sections 1 to 5 are effective July 1, 1999. Section 6 is effective August 1, 1998, for municipal state-aid apportionments in calendar year 1999 and subsequent years. Sections 7 and 8 are effective July 1, 1998."

Delete the title and insert:

on vehicle axles; providing an exemption from aircraft registration; regulating state air transportation charges; distributing five percent of the highway user tax distribution fund to town road account, town bridge account, and flexible highway account; modifying calculation of mileage for city streets and county roads; establishing midtown planning and coordination board; amending Minnesota Statutes 1996, sections 161.081, subdivision 1, and by adding a subdivision; 161.082, subdivisions 1 and 2a; 162.081, subdivision 1; 162.09, subdivision 1; 169.733, subdivision 1; 169.825, subdivision 8; 360.024; and 360.653; Laws 1997, chapter 159, article 1, section 2, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 473."

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

Senate Conferees: Janet B. Johnson, Carol Flynn, Paula E. Hanson, Mark Ourada and Claire A. Robling.

House Conferees: Bernard L. "Bernie" Lieder, Sharon Marko, Carol Molnau and William Kuisle.

Lieder moved that the report of the Conference Committee on S. F. No. 3298 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

S. F. No. 3298, A bill for an act relating to the organization and operation of state government; appropriating money for transportation, public safety, and other purposes; redistributing five percent of highway user tax distribution fund; creating flexible highway, town road, and town bridge accounts; exempting air ambulance aircraft from registration and tax; establishing midtown planning and coordination board; establishing dealer licensing and motor vehicle registration enforcement task force; requiring vehicle registration and insurance study; amending Minnesota Statutes 1996, sections 161.081, subdivision 1, and by adding a subdivision; 161.082, subdivisions 1 and 2a; 162.081, subdivision 1; 169.733, subdivision 1; 169.825, subdivision 8; and 360.653; Laws 1997, chapter 159, article 1, section 2, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 473.

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 119 yeas and 9 nays as follows:

Those who voted in the affirmative were:

Abrams	Dorn	Jaros	Mares	Paulsen	Stang
Anderson, B.	Entenza	Jefferson	Mariani	Paymar	Sviggum
Anderson, I.	Erhardt	Jennings	Marko	Pelowski	Swenson, H.
Bakk	Erickson	Johnson, A.	McCollum	Peterson	Sykora
Bettermann	Evans	Johnson, R.	McElroy	Pugh	Tingelstad
Biernat	Farrell	Juhnke	McGuire	Rest	Tomassoni
Bishop	Finseth	Kalis	Milbert	Reuter	Tompkins
Boudreau	Folliard	Kielkucki	Molnau	Rhodes	Trimble
Bradley	Garcia	Knoblach	Mulder	Rifenberg	Tuma
Broecker	Goodno	Koskinen	Mullery	Rostberg	Tunheim
Carlson	Greenfield	Kubly	Munger	Rukavina	Vandeveer
Chaudhary	Greiling	Kuisle	Murphy	Schumacher	Weaver
Clark, J.	Gunther	Larsen	Ness	Seifert	Wejcman
Clark, K.	Haas	Leighton	Nornes	Sekhon	Wenzel
Daggett	Harder	Leppik	Olson, E.	Skare	Westfall
Davids	Hasskamp	Lieder	Olson, M.	Skoglund	Westrom
Dawkins	Hausman	Lindner	Opatz	Slawik	Winter
Dehler	Hilty	Long	Orfield	Smith	Workman
Delmont	Holsten	Macklin	Osthoff	Solberg	Spk. Carruthers
Dempsey	Huntley	Mahon	Otremba, M.	Stanek

Those who voted in the negative were:

Commers	Kraus	Osskopp	Van Dellen	Wolf
Knight	Krinkie	Pawlenty	Wagenius

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

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

Kelso moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, April 1, 1998, when the vote was taken on the final passage of S. F. No. 1169, as amended." The motion prevailed.

Entenza moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 1, 1998, when the vote was taken on the repassage of S. F. No. 2532, as amended by Conference." The motion prevailed.

Winter moved that when the House adjourns today it adjourn until 9:30 a.m., Friday, April 3, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Friday, April 3, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives