JOURNAL OF THE HOUSE - 71st Day - Top of Page 6407

STATE OF MINNESOTA

Journal of the House

SEVENTY-NINTH SESSION - 1996

__________________

SEVENTY-FIRST DAY

Saint Paul, Minnesota, Wednesday, January 31, 1996

Index to today's Journal

The House of Representatives convened at 2:15 p.m. and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by Reverend John Snider, St. Stephen's Church, West St. Paul, Minnesota.

Following the prayer, Representative Dehler and Representative Stanek paid tribute to Brian Klinefelter, a police officer from St. Joseph, Minnesota, who was killed in the line of duty. The members offered a moment of silent prayer.

The roll was called and the following members were present:

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

Milbert was excused.

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

REPORTS OF STANDING COMMITTEES

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

H. F. No. 2003, A bill for an act relating to health; prohibiting minors from receiving a tattoo in certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 144.

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

The report was adopted.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6408

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 2037, A bill for an act relating to capital improvements; public safety; authorizing issuance of bonds for the initial phase of the metropolitan regionwide public safety radio communications system; appropriating money.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 473.901, subdivision 1, is amended to read:

Subdivision 1. [COSTS COVERED BY FEE.] Beginning July 1, 1995, the amount necessary to pay the following costs shall be paid from money is appropriated to the commissioner of administration for those costs from the 911 emergency telephone service account established under section 403.11:

(1) debt service costs and reserves for bonds issued pursuant to section 473.898;

(2) repayment of the right-of-way acquisition loans;

(3) costs of design, construction, maintenance of, and improvements to those elements of the first phase that support mutual aid communications and emergency medical services; or

(4) recurring charges for leased sites and equipment for those elements of the first phase that support actual aid and emergency medical communication services.

Money appropriated from the 911 emergency telephone service fee account This appropriation shall be used to pay annual debt service costs and reserves for bonds issued pursuant to section 473.898 prior to use of fee money to pay other costs eligible under this subdivision. In no event shall the money appropriated from the 911 emergency telephone service fee account for the first phase radio system this appropriation exceed an amount equal to four cents a month for each customer access line or other basic access service, including trunk equivalents as designated by the public utilities commission for access charge purposes and including cellular and other nonwire access services."

Page 1, after line 19, insert:

"Sec. 3. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 5, before the period, insert "; amending Minnesota Statutes 1995 Supplement, section 473.901, subdivision 1"

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 2039, A bill for an act relating to housing; securing vacant buildings; amending Minnesota Statutes 1994, sections 463.251; and 582.031, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 17, after "exterior" insert "lighting or"

Page 2, line 14, delete "shall" and insert "may"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6409

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

H. F. No. 2079, A bill for an act relating to the city of New Market; permitting the city to incur debt not subject to the general debt limit.

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

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 2098, A bill for an act relating to motor vehicles; allowing display of single original plate from 1944, 1945, or 1946; amending Minnesota Statutes 1994, section 168.10, subdivision 1g.

Reported the same back with the following amendments:

Page 1, line 17, after "in" insert "1911,"

Amend the title as follows:

Page 1, line 3, after "from" insert "1911,"

With the recommendation that when so amended the bill pass.

The report was adopted.

Rest from the Committee on Taxes to which was referred:

H. F. No. 2102, A bill for an act relating to taxation; making technical and administrative changes, corrections, and clarifications; amending Minnesota Statutes 1994, sections 10A.31, subdivision 3a; 239.761, subdivision 5; 270.07, subdivision 1; 273.02, subdivision 3; 275.07, subdivision 4; 278.01, by adding a subdivision; 278.08; 287.06; 290.01, subdivision 4a; 290.06, subdivision 22; 290.0922, subdivision 1; 290.17, subdivision 2; 296.01, subdivisions 2 and 13; 296.02, by adding a subdivision; 296.025, subdivision 6; 296.141, subdivision 5; 296.15, by adding a subdivision; 296.17, subdivision 7; and 477A.011, subdivision 3; Minnesota Statutes 1995 Supplement, sections 41A.09, subdivision 2a; 273.13, subdivision 25; 296.02, subdivision 1; 296.025, subdivision 1; and 296.12, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 290A; repealing Minnesota Statutes 1994, sections 273.1316; and 296.25, subdivision 1a.

Reported the same back with the following amendments:

Page 1, line 27, after "party" insert "as defined in section 10A.01, subdivision 12,"

Page 9, line 13, after "performed" insert "by the employee"

Pages 11 to 20, delete section 3

Page 20, line 26, after "the" insert "exempt status," and after "valuation" insert a comma

Page 20, line 27, before the comma, insert "other than by an abatement or a court decision"

Page 20, line 29, before the first comma, insert "or after July 1 in the case of property subject to section 273.125, subdivision 4"

Page 20, line 30, delete "shall have" and insert "has"


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6410

Page 20, line 31, after the third "the" insert "property's exempt status,"

Page 20, line 32, after "classification" insert a comma

Page 22, after line 12, insert:

"Sec. 7. Minnesota Statutes 1995 Supplement, section 290A.04, subdivision 2h, is amended to read:

Subd. 2h. (a) If the gross property taxes payable on a homestead increase more than 12 percent over the net property taxes payable in the prior year on the same property that is owned and occupied by the same owner on January 2 of both years, and the amount of that increase is $100 or more for taxes payable in 1995 and 1996 and 1997, a claimant who is a homeowner shall be allowed an additional refund equal to 60 percent of the amount of the increase over the greater of 12 percent of the prior year's net property taxes payable or $100 for taxes payable in 1995 and 1996 and 1997. This subdivision shall not apply to any increase in the gross property taxes payable attributable to improvements made to the homestead after the assessment date for the prior year's taxes. This subdivision shall not apply to any increase in the gross property taxes payable attributable to the termination of valuation exclusions under section 273.11, subdivision 16.

The maximum refund allowed under this subdivision is $1,000.

(b) For purposes of this subdivision, the following terms have the meanings given:

(1) "Net property taxes payable" means property taxes payable minus refund amounts for which the claimant qualifies pursuant to subdivision 2 and this subdivision.

(2) "Gross property taxes" means net property taxes payable determined without regard to the refund allowed under this subdivision.

(c) In addition to the other proofs required by this chapter, each claimant under this subdivision shall file with the property tax refund return a copy of the property tax statement for taxes payable in the preceding year or other documents required by the commissioner.

(d) On or before December 1, 1995, the commissioner shall estimate the cost of making the payments provided by this subdivision for taxes payable in 1996. Notwithstanding the open appropriation provision of section 290A.23, if the estimated total refund claims for taxes payable in 1996 exceed $5,500,000, the commissioner shall first reduce the 60 percent refund rate enough, but to no lower a rate than 50 percent, so that the estimated total refund claims do not exceed $5,500,000. If the commissioner estimates that total claims will exceed $5,500,000 at a 50 percent refund rate, the commissioner shall also reduce the $1,000 maximum refund amount by enough so that total estimated refund claims do not exceed $5,500,000.

The determinations of the revised thresholds by the commissioner are not rules subject to chapter 14.

(e) Upon request, the appropriate county official shall make available the names and addresses of the property taxpayers who may be eligible for the additional property tax refund under this section. The information shall be provided on a magnetic computer disk. The county may recover its costs by charging the person requesting the information the reasonable cost for preparing the data. The information may not be used for any purpose other than for notifying the homeowner of potential eligibility and assisting the homeowner, without charge, in preparing a refund claim."

Page 22, line 15, delete "such money"

Page 22, after line 18, insert:

"Sec. 9. Minnesota Statutes 1995 Supplement, section 297A.02, subdivision 4, is amended to read:

Subd. 4. [MANUFACTURED HOUSING AND PARK TRAILERS.] Notwithstanding the provisions of subdivision 1, for sales at retail of new manufactured homes used for residential purposes and new or used park trailers, as defined in section 168.011, subdivision 8, paragraph (b), the excise tax is imposed upon 65 percent of the sales price of the home or park trailer."


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6411

Page 22, after line 30, insert:

"Sec. 11. Laws 1994, chapter 587, article 3, section 21, is amended to read:

Sec. 21. [REPEALER.]

(a) Minnesota Statutes 1992, sections 3.862 and 477A.012, subdivision 6 are repealed.

(b) Minnesota Statutes 1992, sections 16A.711, 273.1381, 273,1398, subdivision 7, and 477A.0132, as amended by Laws 1994, chapter 416, article 1, section 60; and Minnesota Statutes 1993 Supplement, sections 16A.712, 256E.06, subdivision 12, 273.166, subdivision 4, 290A.23, subdivision 2, 477A.03, subdivision 1, and Laws 1973, chapter 650, article 24, section 6, as amended by Laws 1974, chapter 257, section 4 are repealed.

Sec. 12. [SECTION REMAINS IN EFFECT.]

As required by Minnesota Statutes, section 645.36, it is specifically provided that Minnesota Statutes 1994, section 477A.0132, as amended by Laws 1995, chapter 264, article 8, section 15, is revived."

Page 22, delete section 11

Page 23, line 2, delete "5, 10, and 11" and insert "4, and 11 to 13"

Page 23, line 3, delete "6" and insert "5"

Page 23, line 4, delete "7" and insert "6"

Page 23, line 6, after the period, insert "Section 7 is effective for refunds for taxes payable in 1997 only."

Page 23, line 8, after "9" insert "is effective for sales made after December 31, 1996. Section 10"

Renumber the sections in Article 2 in sequence

Amend the title as follows

Page 1, line, 15, delete everything after the semicolon

Page 1, line 16, delete "25;" and insert "290A.04, subdivision 2h;" and delete "and"

Page 1, line 17, after the semicolon, insert "and 297A.02, subdivision 4; Laws 1994, chapter 587, article 3, section 21;"

Page 1, line 19, delete "sections 273.1316; and" and insert "section"

With the recommendation that when so amended the bill pass.

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 2114, A bill for an act relating to drivers' licenses; changing codes for two types of driver's license; amending Minnesota Statutes 1994, sections 171.02, subdivision 2; 171.04, subdivision 2; 171.05, subdivision 1; 171.06, subdivision 3; 171.07, subdivisions 1b, 2, and 3a; 171.165, subdivision 5; and 171.321, subdivision 1; Minnesota Statutes 1995 Supplement, sections 171.02, subdivision 2a; 171.06, subdivision 2; and 171.30, subdivision 3.

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

The report was adopted.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6412

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 2116, A bill for an act relating to agriculture; changing provisions of plant pests, fertilizer, and lime; changing licensing requirements for aquatic pest control applicators; amending Minnesota Statutes 1994, sections 18.52, subdivisions 2 and 5; 18.53; 18B.32; 18B.33, subdivision 1; 18B.34, subdivision 1; 18C.005, subdivisions 6, 13, 20, 22, 33, 34, and by adding a subdivision; 18C.115, subdivision 2; 18C.215, subdivisions 1 and 2; 18C.531, subdivision 8, and by adding a subdivision; 18C.545, subdivision 2; and 18E.03, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 18B; repealing Minnesota Statutes 1994, section 18C.531, subdivision 26.

Reported the same back with the following amendments:

Page 10, line 14, strike "a commercial" and insert "an"

Page 15, after line 2, insert:

"Sec. 18. Minnesota Statutes 1994, section 18C.415, subdivision 1, is amended to read:

Subdivision 1. [LICENSE REQUIRED.] (a) A person may not sell or distribute bulk fertilizers for use on agricultural lands, custom apply fertilizers, or manufacture, blend, or otherwise manipulate fertilizers without obtaining a license from the commissioner from each fixed location where the person does business within the state and one license for all fixed locations that are located outside of the state.

(b) A distributor may not manipulate fertilizer by means of a mobile mechanical unit without a license from the commissioner for each mobile mechanical unit. For the purposes of this section, fertilizer application equipment owned or operated by a person licensed under paragraph (a) is not considered a mobile mechanical unit."

Page 17, after line 26, insert:

"Sec. 24. [EFFECTIVE DATE.]

Section 18 is effective retroactive to December 30, 1995."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 10, after the semicolon, insert "18C.415, subdivision 1;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2131, A bill for an act relating to the state building code; prescribing location requirements for accessible parking spaces; amending Minnesota Statutes 1995 Supplement, section 16B.61, subdivision 5.

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

The report was adopted.

Carlson, L., from the Committee on Education to which was referred:

H. F. No. 2132, A bill for an act relating to education; permitting independent school district No. 877, Buffalo, school year to begin before Labor Day.

Reported the same back with the following amendments:

Page 1, line 9, delete "district" and insert "districts" and after "Buffalo," insert "656, Faribault, and students from the residential academies, independent school district No. 0160"


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6413

Page 1, line 11, after "new" insert "or renovated"

Amend the title as follows:

Page 1, lines 2 and 3, delete "independent school district No. 877, Buffalo," and insert "certain school district"

Page 1, line 3, delete "year" and insert "years"

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

The report was adopted.

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

H. F. No. 2137, A bill for an act relating to veterans affairs; authorizing the placement of a plaque on the capitol grounds recognizing the service of women veterans from all wars.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 190.02, is amended to read:

190.02 [GOVERNOR TO BE COMMANDER-IN-CHIEF; RULES; STAFF.]

The governor shall be the commander-in-chief of the military forces, except so much thereof as may be in the actual service of the United States, and may employ the same for the defense or relief of the state or any other state, the enforcement of law, and the protection of persons and property therein.

The governor shall make and publish rules, not inconsistent with law, and enforce all the provisions of the military code.

The governor may appoint a staff, consisting of an adjutant general and six aides-de-camp of field grade who shall be detailed from the national guard.

Sec. 2. Minnesota Statutes 1994, section 190.05, is amended by adding a subdivision to read:

Subd. 3a. [MILITARY RESERVATIONS.] "Military reservations," without limitation, includes military installations, armories, air bases, and facilities owned or controlled by the state for military purposes.

Sec. 3. Minnesota Statutes 1994, section 190.05, is amended by adding a subdivision to read:

Subd. 6a. [OFFICER.] "Officer" includes commissioned officers and commissioned warrant officers in the army national guard and the air national guard.

Sec. 4. Minnesota Statutes 1994, section 190.07, is amended to read:

190.07 [APPOINTMENT; QUALIFICATIONS; RANK.]

There shall be an adjutant general of the state who shall be appointed by the governor. The adjutant general shall be a staff officer, who at the time of appointment shall be a commissioned officer of the national guard of this state, with not less than ten years military service in the armed forces of this state or of the United States, at least three of which shall have been commissioned and who shall have reached the grade of a field officer.

The adjutant general shall hold the rank equal to that of the highest rank authorized for the army and air national guard in the table of organization for units allotted to the state by the department of the army, or the department of the air force, or by both such departments, through the national guard bureau of major general. However, the adjutant general shall not be appointed to the rank of major general without having 20 years service in the national guard, of which one year has been in the rank of brigadier general.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6414

The term of the adjutant general is seven years from the date of appointment. Section 15.06, subdivisions 3, 4, and 5, governs filling of vacancies in the office of adjutant general. The adjutant general shall not be removed from office during a term except upon withdrawal of federal recognition or as otherwise provided by the military laws of this state.

Sec. 5. Minnesota Statutes 1994, section 190.16, subdivision 2, is amended to read:

Subd. 2. [ACCEPTANCE OF MONEY.] The adjutant general may accept federal moneys and other moneys money, either public or private, for and in behalf of the state of Minnesota, for the support of the state's military forces, and for the construction, improvement, or maintenance of buildings, air bases, roads, utilities and any or all other structures or facilities required in the training, housing, and maintenance of the military forces of the state upon such terms and conditions as are or may be prescribed by the laws of the United States and any rules or regulations made thereunder.

Sec. 6. Minnesota Statutes 1994, section 190.25, subdivision 1, is amended to read:

Subdivision 1. The adjutant general is hereby authorized to acquire in the name of the state by purchase, gift, or condemnation, and is authorized to lease all lands which the adjutant general may deem necessary, including lands already devoted to a public use, for military training purposes, adjacent to or in the vicinity of the military field training center at Camp Ripley, or at any other suitable place in this state, subject to the limitations of funds appropriated and available.

Sec. 7. Minnesota Statutes 1994, section 192.19, is amended to read:

192.19 [RETIRED OFFICERS MAY BE ORDERED TO ACTIVE DUTY.]

The commander-in-chief or the adjutant general may assign officers on the retired list, with their consent, to temporary active duty service in recruiting, upon courts-martial, courts of inquiry and boards, to staff duty not involving service with troops, or in charge of a military reservation left temporarily without officers. Such officers while so assigned shall receive the full pay and allowances of their grades at time of retirement.

Sec. 8. Minnesota Statutes 1994, section 192.20, is amended to read:

192.20 [BREVET RANK.]

General and field Officers, warrant officers, and enlisted persons of the national guard who have, after ten years active service, resigned or retired for physical disability or otherwise, may in the discretion of the commander-in-chief, on the recommendation of the adjutant general, be commissioned by brevet, in the next higher grade than that held by them at the time of their resignation or retirement. Brevet rank shall be considered strictly honorary and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade on occasions of ceremony.

Sec. 9. Minnesota Statutes 1994, section 192.23, is amended to read:

192.23 [SERVICE MEDALS.]

The commander-in-chief may, by general order, provide a suitable mark of distinction for all officers and enlisted members who have served in the military forces of the state for an aggregate period of three, five, ten, 15, and 20 years, respectively, and for like service thereafter; and medals to be awarded for valor, for distinguished service, and for good conduct. The commander-in-chief may authorize and prescribe regulations for the issuance of suitable marks of distinction to be awarded to officers and enlisted members who have served in the military forces of the state during periods of war or other declared emergencies, provided that these shall not be awarded for service for which service medals or bars are authorized by federal authority.

Sec. 10. Minnesota Statutes 1994, section 192.37, is amended to read:

192.37 [DISPOSING WRONGFUL DISPOSITION OF PROPERTY.]

Every person, whether a member of the military forces or not, who shall willfully sell or dispose of or buy or receive any arms, equipment or accoutrements issued by sells, buys, damages, destroys, disposes of, or retains any military property of the United States or of the state for the use of the military forces, or refuses to deliver or pay for the same upon lawful demand, without proper authority shall be guilty of a misdemeanor.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6415

Sec. 11. Minnesota Statutes 1994, section 192.38, subdivision 1, is amended to read:

Subdivision 1. [TEMPORARY EMERGENCY RELIEF.] If any officer or enlisted member of the military forces is wounded or otherwise disabled, dies from disease contracted or injuries received, or is killed while in state active service as defined in section 190.05, subdivision 5a, the officer or member, or in the case of death the officer's or member's dependent spouse, child, or parent, may be provided with immediate temporary relief as necessary in cases of severe hardship, in an amount to be determined by the adjutant general and approved by the governor. All payments under this subdivision shall be made from appropriations for the maintenance of the state military forces. The adjutant general shall notify the workers' compensation commission department of employee relations of any payments made pursuant to this subdivision and the amount of it shall be subtracted from any award made by the commission department of employee relations.

Sec. 12. Minnesota Statutes 1994, section 192.40, is amended to read:

192.40 [GOVERNOR TO APPOINT UNITED STATES PROPERTY AND DISBURSING FISCAL OFFICER.]

The governor, upon the recommendation of the adjutant general and pursuant to federal authority, shall appoint, designate, or detail subject to the approval of the secretary of defense, the adjutant general, or an officer of the national guard who shall be regarded as property and disbursing officer for the United States the army and secretary of the air force, a qualified commissioned officer of the Minnesota national guard to be the United States property and fiscal officer for Minnesota. The officer appointed shall receipt and account for all funds and property belonging to the United States in possession of the national guard of this state and shall make such returns and reports concerning the same as may be required by the secretary of defense. The officer appointed shall render, through the defense department, such accounts of federal funds entrusted to that officer for disbursement as may be required by the treasury department.

The property and disbursing officer shall, before entering upon the performance of duties, be required to give good and sufficient bond to the United States, the amount thereof to be determined by the secretary of defense, for the faithful performance of assigned duties and for the safekeeping and proper disposition of the federal property and funds entrusted to the care of that officer.

This property and disbursing officer may also be the quartermaster of the state chief, national guard bureau, and the appropriate service secretary.

Sec. 13. Minnesota Statutes 1994, section 192.49, is amended to read:

192.49 [PAY AND ALLOWANCES OF OFFICERS AND ORGANIZATIONS ENLISTED PERSONS.]

Subdivision 1. [OFFICERS.] Every commissioned officer of the military forces shall receive from the state, while engaged in any service ordered by the governor, pay and allowances at the rate now or hereafter paid or allowed by law to officers of similar rank the same grade and length of service in the armed forces of the United States, but not less than $130 a day.

Subd. 2. [UNIFORMS TO BE SUPPLIED ENLISTED PERSONS.] When expedient, the adjutant general may issue to commissioned officers from time to time any available articles of uniform and equipment suitable for field work. Articles so issued shall be charged to the officer and that officer shall account for them as provided in rules called into active service by the governor, other than for encampment or maneuvers, including the time necessarily consumed in travel, each enlisted person of the military forces shall be paid by the state the pay and the allowances, when not furnished in kind, provided by law for enlisted persons of similar grade, rating, and length of service in the armed forces of the United States, or $130 a day, whichever is more.

Subd. 3. [ALLOWANCES FOR MILITARY EXPENSE.] Allowances for the necessary military expenses of all organizations, units, or detachments of the military forces, including clerk hire, office supplies, postage, and other actual outlay, shall be paid by the adjutant general out of the funds appropriated for the maintenance of the military forces, such. These allowances annually may not to exceed:

(1) for the state headquarters and for the division headquarters when located in this state $2,000 each;

(2) $3,000 a year for the commanding general of troops;


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6416

(3) for any other organization commanded by a general officer $1,000 plus $100 for each immediately and directly subordinate organization or unit;

(4) for any brigade, group, battalion, squadron, or equivalent organization $200 plus $100 for each immediately and directly subordinate organization or unit; and

(5) $300 for incidental expenses of each company, battery, or detachment; and

(6) at the time of the annual encampment or maneuvers,:

(i) for each division or camp headquarters mess $200;

(ii) for each officers' mess of a regiment, group, or higher headquarters $200; and

(iii) for the officers' mess of each battalion or equivalent headquarters $100.

Allowances authorized under this section shall be expended and accounted for as prescribed by the commander-in-chief in orders or rules.

Sec. 14. Minnesota Statutes 1994, section 193.142, subdivision 1, is amended to read:

Subdivision 1. [CORPORATION CREATED; OFFICERS.] For the purpose of constructing armories as provided by section 193.141, there shall be created a corporation to be known as the "Minnesota state armory building commission." The members and governing body of such corporation shall be the adjutant general and not less than two officers of the line of the national guard of the state above the grade of lieutenant colonel major, to be selected and appointed by the adjutant general. The adjutant general shall be chair of such commission. Such commission shall elect a secretary and a treasurer from the members thereof other than the adjutant general. The treasurer of the corporation shall give a security bond to the corporation in such sum as the corporation may determine, conditioned in like manner to the bonds of treasurers of public bodies, to be approved and filed as the corporation may determine.

Sec. 15. Minnesota Statutes 1994, section 193.142, subdivision 2, is amended to read:

Subd. 2. [FILING; OFFICERS; MEMBERS; VACANCY.] Upon the filing with the secretary of state of a certificate by the adjutant general naming the persons authorized to compose such commission and corporation, and declaring them to be constituted a commission and corporation hereunder, such persons shall forthwith become and be such commission and corporation without further proceeding. In case of a vacancy in the membership of such commission and corporation, the remaining members, provided there are not less than two, shall have power to act and to elect such temporary officers of the commission as may be necessary during the existence of the vacancy. In case at any time there shall not be at least two qualified officers of the national guard in addition to the adjutant general eligible to serve as members of such commission, the adjutant general may appoint a member or members of such commission from the lieutenant colonels of the line of the national guard of the state, so as to provide not more than two members of such commission in addition to the adjutant general. The membership of the members last so appointed shall automatically terminate upon the appointment and qualification of an officer of the national guard eligible under subdivision 1, to serve as a member of such commission, provided the total membership be not thereby reduced to less than three including the adjutant general. In case of a vacancy in the office of the adjutant general, or in case of the incapacity of the adjutant general to act as a member and chair of such commission, the officer who is appointed or authorized according to law to exercise the powers of the adjutant general for the time being, shall during the existence of such vacancy or incapacity act as a member and chair of such commission and have all the powers and duties herein vested in or imposed upon the adjutant general as a member and chair of such commission. The adjutant general shall certify to the secretary of state all changes in the membership of the commission, but failure to do so shall not affect the authority of any new member of the commission or the validity of any act of the commission after the accession of a new member.

Sec. 16. Minnesota Statutes 1994, section 193.142, subdivision 3, is amended to read:

Subd. 3. [TRUSTEE IN CERTAIN CASES.] In case at any time all or all but one of the line officers of the national guard who are members of the commission or who are eligible to serve as such are in active service outside the state, or where for any other reason there are not at least two qualified line officers of the national guard available within the state to serve as members of the commission, the adjutant general, or in case of incapacity or of a vacancy in that office, the officer who is appointed or authorized according to law to exercise the powers of the adjutant general for


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6417

the time being, shall become trustee of the commission and shall have all the powers and perform all the duties of the commission and its officers so long as such conditions exist. Upon the occurrence of such conditions the officer becoming trustee shall file with the Secretary of State a certificate reciting the circumstances and declaring that that officer assumes office as such trustee, and thereupon shall be deemed to have qualified as such, with all the authority hereby conferred. Any change in such office shall be likewise certified by the officers succeeding as trustee. Upon the termination of such conditions, the adjutant general or an authorized substitute shall certify the circumstances in like manner, with the names of the officers then authorized by law to compose the commission, and thereupon such officers shall constitute the commission, and the authority of the trustee shall terminate.

Sec. 17. Minnesota Statutes 1994, section 193.143, is amended to read:

193.143 [STATE ARMORY BUILDING COMMISSION, POWERS.]

Such corporation, subject to the conditions and limitations prescribed in sections 193.141 to 193.149, shall possess all the powers of a body corporate necessary and convenient to accomplish the objectives and perform the duties prescribed by sections 193.141 to 193.149, including the following, which shall not be construed as a limitation upon the general powers hereby conferred:

(1) To acquire by lease, purchase, gift, or condemnation proceedings all necessary right, title, and interest in and to the lands required for a site for a new armory and all other real or personal property required for the purposes contemplated by the military code and to hold and dispose of the same, subject to the conditions and limitations herein prescribed; provided that any such real or personal property or interest therein may be so acquired or accepted subject to any condition which may be imposed thereon by the grantor or donor and agreed to by such corporation not inconsistent with the proper use of such property by the state for armory or military purposes as herein provided.

(2) To exercise the right of eminent domain in the manner provided by chapter 117, for the purpose of acquiring any property which such corporation is herein authorized to acquire by condemnation; provided, that the corporation may take possession of any such property so to be acquired at any time after the filing of the petition describing the same in condemnation proceedings; provided further, that this shall not preclude the corporation from abandoning the condemnation of any such property in any case where possession thereof has not been taken.

(3) To construct and equip new armories as authorized herein; to pay therefor out of the funds obtained as hereinafter provided and to hold, manage, and dispose of such armory, equipment, and site as hereinafter provided. The total amount of bonds issued on account of such armories shall not exceed the amount of the cost thereof; provided also, that the total bonded indebtedness of the commission shall not at any time exceed the aggregate sum of $7,000,000.

(4) To sue and be sued.

(5) To contract and be contracted with in any matter connected with any purpose or activity within the powers of such corporations as herein specified; provided, that no officer or member of such corporation shall be personally interested, directly or indirectly, in any contract in which such corporation is interested.

(6) To employ any and all professional and nonprofessional services and all agents, employees, workers, and servants necessary and proper for the purposes and activities of such corporation as authorized or contemplated herein and to pay for the same out of any portion of the income of the corporation available for such purposes or activities. The officers and members of such corporation shall not receive any compensation therefrom, but may receive their reasonable and necessary expenses incurred in connection with the performance of their duties; provided however, that whenever the duties of any member of the commission require full time and attention the commission may compensate the member therefor at such rates as it may determine.

(7) To borrow money and issue bonds for the purposes and in the manner and within the limitations herein specified, and to pledge any and all property and income of such corporation acquired or received as herein provided to secure the payment of such bonds, subject to the provisions and limitations herein prescribed, and to redeem any such bonds if so provided therein or in the mortgage or trust deed accompanying the same.

(8) To use for the following purposes any available money received by such corporation from any source as herein provided in excess of those required for the payment of the cost of such armory and for the payment of any bonds issued by the corporation and interest thereon according to the terms of such bonds or of any mortgage or trust deed accompanying the same:

(a) To pay the necessary incidental expenses of carrying on the business and activities of the corporation as herein authorized;


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6418

(b) To pay the cost of operating, maintaining, repairing, and improving such new armories;

(c) If any further excess moneys remain, to purchase upon the open market at or above or below the face or par value thereof any bonds issued by the corporation as herein authorized; provided, that any bonds so purchased shall thereupon be canceled.

(9) To adopt and use a corporate seal.

(10) To adopt all needful bylaws and rules for the conduct of business and affairs of such corporation and for the management and use of all armories while under the ownership and control of such corporation as herein provided, not inconsistent with the use of such armory for armory or military purposes.

(11) Such corporation shall issue no stock.

(12) No officer or member of such corporation shall have any personal share or interest in any funds or property of the corporation or be subject to any personal liability by reason of any liability of the corporation.

(13) The Minnesota state armory building commission created under section 193.142 shall keep all money and credits received by it as a single fund, to be designated as the "Minnesota state armory building commission fund," with separate accounts for each armory; and the commission may make transfers of money from funds appertaining to any armory under its control for use for any other such armory; provided such transfers shall be made only from money on hand, from time to time, in excess of the amounts required to meet payments of interest or principal on bonds or other obligations appertaining to the armory to which such funds pertain and only when necessary to pay expenses of construction, operation, maintenance, and debt service of such other armory; provided further, no such transfer of any money paid for the support of any armory by the municipality in which such armory is situated shall be made by the commission.

(14) The corporation created under section 193.142 may designate one or more state or national banks as depositories of its funds, and may provide, upon such conditions as the corporation may determine, that the treasurer of the corporation shall be exempt from personal liability for loss of funds deposited in any such depository due to the insolvency or other acts or omissions of such depository.

(15) The governor is empowered to apply for grants of money, equipment, and materials which may be made available to the states by the federal government for leasing, building, and equipping armories for the use of the military forces of the state which are reserve components of the armed forces of the United States, whenever the governor is satisfied that the conditions under which such grants are offered by the federal government, are for the best interests of the state and are not inconsistent with the laws of the state relating to armories, and to accept such grants in the name of the state. The Minnesota state armory building commission is designated as the agency of the state to receive such grants and to use them for armory purposes as prescribed in this chapter, and by federal laws, and regulations not inconsistent therewith.

Sec. 18. Minnesota Statutes 1994, section 193.144, subdivision 1, is amended to read:

Subdivision 1. [AUTHORITY TO PROVIDE SITE.] Any county or municipality as defined in section 471.345, subdivision 1, desiring to construct a new armory may provide a site therefor as hereinafter provided.

Sec. 19. Minnesota Statutes 1994, section 193.144, subdivision 2, is amended to read:

Subd. 2. [ACQUISITION OF SITE; CONVEYANCE TO CORPORATION.] If such county or municipality as defined in section 471.345, subdivision 1, shall desire to have a new armory constructed, such county or municipality may secure by purchase, gift, or condemnation, and may convey to such corporation, a site for such new armory approved as suitable therefor by the adjutant general. In case such site or any part thereof or interest therein is owned or controlled by the board of park commissioners of such county or municipality or by any other governmental agency therein except the state or county or municipality, such board or other agency may convey the same by way of gift or sale to such corporation without charge.

Sec. 20. Minnesota Statutes 1994, section 193.144, subdivision 6, is amended to read:

Subd. 6. [DISPOSAL OF UNUSED SITE.] In case any land acquired for armory site purposes hereunder has been donated to such corporation by such county or municipality or by other governmental agency except the state, and in case such land or any part thereof shall thereafter not be used for armory purposes for a continuous period of more


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6419

than ten years, not including the period of any war or other emergency in which the armed forces of the state may be engaged, the title to such unused land or part thereof shall thereupon pass, revert and be vested in such county, municipality or other governmental agency which donated the same, subject to any encumbrances that may have been lawfully placed thereon by such corporation or otherwise the county or municipality may provide written notice to the adjutant general and, if the property is not used for armory purposes within one year from the notice, the adjutant general shall reconvey the property to the donor county or municipality.

Sec. 21. Minnesota Statutes 1994, section 193.145, subdivision 2, is amended to read:

Subd. 2. [TAX LEVY.] A county or municipality, as defined in section 471.345, subdivision 1, in which an armory has been constructed or is to be constructed hereunder may by resolution of its governing body irrevocably provide for levying and collecting annually for a specified period, not exceeding 40 years, a tax on the taxable property in the county or municipality.

The proceeds of the levy shall be paid to the corporation for the purposes herein prescribed. The county or municipality may make the levies and payments and bind itself thereto by resolution of its governing body. The provisions of the resolution may be made conditional upon the giving of an agreement by the adjutant general as authorized in subdivision 4. The obligations of the county or municipality to levy, collect, and pay over the taxes shall not be deemed to constitute an indebtedness of the county or municipality within the meaning of any provision of law or of its charter limiting its total or net indebtedness, and such taxes may be levied and collected without regard to any charter provision limiting the amount or rate of taxes which such county or municipality is otherwise authorized to levy.

Sec. 22. Minnesota Statutes 1994, section 193.145, subdivision 4, is amended to read:

Subd. 4. [PAYMENTS BY ADJUTANT GENERAL.] In addition to the payments by the state under subdivision 3, The adjutant general is hereby authorized to pay to such corporation, out of any moneys which may from time to time be appropriated to and for the military department and not appropriated or set apart for any other specific purpose, the sum of not less than $3,000 per year for each unit of the national guard quartered in such armory when only one such unit is so quartered, and the sum of not less than $2,000 per year for each additional unit when more than one such unit is so quartered, and may bind the office of the adjutant general, both currently and in the future, by agreement to such corporation to make such payments in a specific amount or amounts out of such appropriations for a period of not more than 40 years.

Sec. 23. Minnesota Statutes 1994, section 193.145, subdivision 5, is amended to read:

Subd. 5. [LEASE TO STATE.] Upon completion of each new armory such corporation shall lease the same to the state through the adjutant general, until such armory and site shall be conveyed to the state as hereinafter provided. Such lease shall be made upon such terms and conditions as shall secure to the state the full and complete use of such armory, for armory and military purposes so far as may be required for the headquarters, organizations, and units of the national guard stationed in such municipality, and upon such other terms and conditions not inconsistent therewith as may be agreed upon; provided, that, except for such use of such property for armory and military purposes which will be secured to the state as aforesaid, such lease shall be subject to any encumbrance placed upon the property to secure the payment of any bonds issued as herein provided. No further consideration for such lease shall be required than the payments to be made by the state as provided by subdivisions 3 and subdivision 4. Otherwise, and so far as it is not inconsistent with the terms and conditions of such lease to the state and so far as will not interfere with the use by the state of such property for armory or military purposes, such corporation may lease, rent, or otherwise make use of such new armory building or any part thereof for such purposes and upon such terms as such corporation may deem proper, and may use the rents and profits therefrom for the purposes herein provided.

Sec. 24. Minnesota Statutes 1994, section 193.148, is amended to read:

193.148 [CONVEYANCE TO STATE.]

When payment has been made of all indebtedness incurred by such corporation incident to the procurement, erection, equipment, and operation of any armory built under the provisions of sections 193.141 to 193.149, including the payment in full of the principal and interest of all bonds issued by such corporation to cover the cost of such armory or the full repayment of any commission funds expended for the construction of such armory, such corporation shall transfer and convey such armory building and the site thereof to the state of Minnesota, for military purposes, to be administered as are other state-owned armories.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6420

Any unencumbered balance then held by the commission accruing to such armory shall be paid over to the adjutant general retained to be applied to the future maintenance, repair, and equipment of such armory, as provided for in section 193.29 armories.

Sec. 25. Minnesota Statutes 1994, section 198.003, subdivision 1, is amended to read:

Subdivision 1. [POLICY; RULES; REPORT.] It is the duty of the board and The board has the power to:

(1) shall determine policy and, subject to chapter 14, adopt, amend, and repeal rules for the governance of the homes, and to adopt emergency rules necessary to implement this chapter. With respect to residents' administrative appeal time periods that are not established by statute, the board may create by rule reasonable time periods within which a resident must appeal an administrative determination to the next administrative level. If the determination is not appealed within the time set by rule, the determination becomes final;.

(2) report quarterly to the governor on the management, operations, and quality of care provided at the homes; and

(3) The board shall take other action as provided by law.

Emergency rules adopted under this section are not effective after December 31, 1989.

Sec. 26. [REPEALER.]

Minnesota Statutes 1994, sections 190.10; 190.13; 190.29; 192.36; 192.435; 192.44; 192.45; 192.46; 192.47; and 192.51, subdivision 2, are repealed."

Delete the title and insert:

"A bill for an act relating to the military; changing certain military requirements, procedures, and duties; clarifying certain language; changing armory provisions; eliminating a report; amending Minnesota Statutes 1994, sections 190.02; 190.05, by adding subdivisions; 190.07; 190.16, subdivision 2; 190.25, subdivision 1; 192.19; 192.20; 192.23; 192.37; 192.38, subdivision 1; 192.40; 192.49; 193.142, subdivisions 1, 2, and 3; 193.143; 193.144, subdivisions 1, 2, and 6; 193.145, subdivisions 2, 4, and 5; 193.148; and 198.003, subdivision 1; repealing Minnesota Statutes 1994, sections 190.10; 190.13; 190.29; 192.36; 192.435; 192.44; 192.45; 192.46; 192.47; and 192.51, subdivision 2."

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

The report was adopted.

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 2143, A bill for an act relating to transportation; authorizing the issuance of state trunk highway bonds for trunk highway bridges; authorizing the issuance of state transportation bonds for local bridges.

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

The report was adopted.

Carlson, L., from the Committee on Education to which was referred:

H. F. No. 2153, A bill for an act relating to education; providing for the transmittal of education records from nonpublic schools; amending Minnesota Statutes 1995 Supplement, section 120.101, subdivision 5c.

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

The report was adopted.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6421

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2155, A bill for an act relating to civil law; real property and probate; providing conditions for registered property applications and records; providing for the application of certain curative provisions; changing certain probate and trust provisions; amending Minnesota Statutes 1994, sections 501B.57; 508.06; 508.63; 508.66; 508.71, subdivision 3; 508A.01, subdivision 3; 508A.06; 508A.63; 508A.66; 508A.71, subdivision 3; 508A.85, subdivision 3; 524.2-403; 524.3-708; 524.3-804; 559.215; and 559.216; Minnesota Statutes 1995 Supplement, sections 524.2-803; and 524.3-914; repealing Laws 1994, chapter 447, section 2.

Reported the same back with the following amendments:

Page 10, line 34, before "reinstatement" insert "correct"

Page 11, line 1, strike "the general" and insert "all other"

Page 21, after line 15, insert:

"ARTICLE 3

Section 1. [507.093] [STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.]

(a) The following standards are imposed on documents to be recorded with the county recorder or filed with the registrar of titles:

(1) The document shall consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches.

(2) The form of the document shall be printed, typewritten, or computer generated in black ink and the form of the document shall not be smaller than 8-point type.

(3) The document shall be on white paper of not less than 20-pound weight with no background color, images, or writing and shall have a clear border of approximately one-half inch on the top, bottom, and each side.

(4) The first page of the document shall contain a blank space at the top measuring three inches, as measured from the top of the page. The right half to be used by the county recorder for recording information or registrar of titles for filing information and the left half to be used by the county auditor or treasurer for certification.

(5) The title of the document shall be prominently displayed at the top of the first page below the blank space referred to in clause (4).

(6) No additional sheet shall be attached or affixed to a page that covers up any information or printed part of the form.

(7) A document presented for recording or filing must be sufficiently legible to reproduce a readable copy using the county recorder's or registrar of title's current method of reproduction.

(b) The recording or filing fee for a document that does not conform to the standards in paragraph (a) shall be increased as provided in sections 2, 3, and 4.

Sec. 2. Minnesota Statutes 1994, section 357.18, is amended by adding a subdivision to read:

Subd. 5. [VARIANCE FROM STANDARDS.] A document that does not conform to the standards in section 1, paragraph (a), shall not be recorded except upon payment of an additional fee of $10 per document. This subdivision applies only to documents dated after July 31, 1997, and does not apply to Minnesota uniform conveyancing blanks contained in the book of forms in the office of the commissioner of commerce provided for under section 507.09, certified copies, or any other form provided for under Minnesota Statutes.

Sec. 3. Minnesota Statutes 1994, section 508.82, is amended to read:

508.82 [REGISTRAR'S FEES.]

Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid to the registrar shall be as follows:

(1) of the fees provided herein, five percent of the fees collected under clauses (3), (4), (10), (12), (13), (14), (16), (17), and (18), for filing or memorializing shall be paid to the state treasurer and credited to the general fund; plus a $4.50


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6422

surcharge shall be charged and collected in addition to the total fees charged for each transaction under clauses (2) to (5), (10), (12), (14), and (18), with 50 cents of this surcharge to be retained by the county to cover its administrative costs and $4 to be paid to the state treasury and credited to the general fund;

(2) for registering each original certificate of title, and issuing a duplicate of it, $30;

(3) for registering each instrument transferring the fee simple title for which a new certificate of title is issued and for the issuance and registration of the new certificate of title, $30;

(4) for the entry of each memorial on a certificate and endorsements upon duplicate certificates, $15;

(5) for issuing each residue certificate, $20;

(6) for exchange certificates, $10 for each certificate canceled and $10 for each new certificate issued;

(7) for each certificate showing condition of the register, $10;

(8) for any certified copy of any instrument or writing on file in the registrar's office, the same fees allowed by law to county recorders for like services;

(9) for a noncertified copy of any instrument or writing on file in the office of the registrar of titles, or any specified page or part of it, an amount as determined by the county board for each page or fraction of a page specified. If computer or microfilm printers are used to reproduce the instrument or writing, a like amount per image;

(10) for filing two copies of any plat in the office of the registrar, $30;

(11) for any other service under this chapter, such fee as the court shall determine;

(12) for issuing a duplicate certificate of title pursuant to the directive of the examiner of titles in counties in which the compensation of the examiner is paid in the same manner as the compensation of other county employees, $50, plus $10 to memorialize;

(13) for issuing a duplicate certificate of title pursuant to the directive of the examiner of titles in counties in which the compensation of the examiner is not paid by the county or pursuant to an order of the court, $10;

(14) for filing a condominium plat or an amendment to it in accordance with chapter 515, $30;

(15) for a copy of a condominium plat filed pursuant to chapters 515 and 515A, the fee shall be $1 for each page of the condominium plat with a minimum fee of $10;

(16) for filing a condominium declaration and plat or an amendment to it in accordance with chapter 515A, $10 for each certificate upon which the document is registered and $30 for the filing of the condominium plat or an amendment thereto;

(17) for the filing of a certified copy of a plat of the survey pursuant to section 508.23 or 508.671, $10;

(18) for filing a registered land survey in triplicate in accordance with section 508.47, subdivision 4, $30;

(19) for furnishing a certified copy of a registered land survey in accordance with section 508.47, subdivision 4, $10.

Subd. 2. [VARIANCE FROM STANDARDS.] A document that does not conform to the standards in section 1, paragraph (a), shall not be filed except upon payment of an additional fee of $10 per document. This subdivision applies only to documents dated after July 31, 1997, and does not apply to Minnesota uniform conveyancing blanks contained in the book of forms in the office of the commissioner of commerce provided for under section 507.09, certified copies, or any other form provided for under Minnesota Statutes.

Sec. 4. Minnesota Statutes 1994, section 508A.82, is amended to read:

508A.82 [REGISTRAR'S FEES.]

Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid to the registrar shall be as follows:

(1) of the fees provided herein, five percent of the fees collected under clauses (3), (4), (10), (12), (13), (14), (16), and (18), for filing or memorializing shall be paid to the state treasurer and credited to the general fund; plus a $4.50


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6423

surcharge shall be charged and collected in addition to the total fees charged for each transaction under clauses (2) to (5), (10), (12), (14), and (18), with 50 cents of this surcharge to be retained by the county to cover its administrative costs and $4 to be paid to the state treasury and credited to the general fund;

(2) for registering each original CPT, and issuing a duplicate of it, $30;

(3) for registering each instrument transferring the fee simple title for which a new CPT is issued and for the issuance and registration of the new CPT, $30;

(4) for the entry of each memorial on a certificate and endorsements upon duplicate CPTs, $15;

(5) for issuing each residue CPT, $20;

(6) for exchange CPTs, $10 for each CPT canceled and $10 for each new CPT issued;

(7) for each certificate showing condition of the register, $10;

(8) for any certified copy of any instrument or writing on file in the registrar's office, the same fees allowed by law to county recorders for like services;

(9) for a noncertified copy of any instrument or writing on file in the office of the registrar of titles, or any specified page or part of it, an amount as determined by the county board for each page or fraction of a page specified. If computer or microfilm printers are used to reproduce the instrument or writing, a like amount per image;

(10) for filing two copies of any plat in the office of the registrar, $30;

(11) for any other service under sections 508A.01 to 508A.85, the fee the court shall determine;

(12) for issuing a duplicate CPT pursuant to the directive of the examiner of titles in counties in which the compensation of the examiner is paid in the same manner as the compensation of other county employees, $50, plus $10 to memorialize;

(13) for issuing a duplicate CPT pursuant to the directive of the examiner of titles in counties in which the compensation of the examiner is not paid by the county or pursuant to an order of the court, $10;

(14) for filing a condominium plat or an amendment to it in accordance with chapter 515, $30;

(15) for a copy of a condominium plat filed pursuant to chapters 515 and 515A, the fee shall be $1 for each page of the plat with a minimum fee of $10;

(16) for filing a condominium declaration and condominium plat or an amendment to it in accordance with chapter 515A, $10 for each certificate upon which the document is registered and $30 for the filing of the condominium plat or an amendment to it;

(17) in counties in which the compensation of the examiner of titles is paid in the same manner as the compensation of other county employees, for each parcel of land contained in the application for a CPT, as the number of parcels is determined by the examiner, a fee which is reasonable and which reflects the actual cost to the county, established by the board of county commissioners of the county in which the land is located;

(18) for filing a registered land survey in triplicate in accordance with section 508A.47, subdivision 4, $30;

(19) for furnishing a certified copy of a registered land survey in accordance with section 508A.47, subdivision 4, $10.

Subd. 2. [VARIANCE FROM STANDARDS.] A document that does not conform to the standards in section 1, paragraph (a), shall not be filed except upon payment of an additional fee of $10 per document. This subdivision applies only to documents dated after July 31, 1997, and does not apply to Minnesota uniform conveyancing blanks contained in the book of forms in the office of the commissioner of commerce provided for under section 507.09, certified copies, or any other form provided for under Minnesota Statutes.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6424

Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 4 are effective August 1, 1997."

Amend the title as follows:

Page 1, line 6, after the semicolon insert "providing standards for certain documents;"

Page 1, line 7, after "sections" insert "357.18, by adding a subdivision;"

Page 1, line 8, after "3;" insert "508.82;"

Page 1, line 10, after the first semicolon, insert "508A.82;"

Page 1, line 13, after the semicolon, insert "proposing coding for new law in Minnesota Statutes, chapter 507;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Wagenius from the Committee on Labor-Management Relations to which was referred:

H. F. No. 2223, A bill for an act relating to economic security; providing for the administration of certain employment and training services; proposing coding for new law in Minnesota Statutes, chapter 268.

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

The report was adopted.

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

H. F. No. 2239, A bill for an act relating to local government; allowing the city of Morristown to maintain and pay for certain electrical power outside the city.

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

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 2250, A bill for an act relating to motor vehicles; establishing automobile theft prevention program; creating advisory council, with appointments by the governor; providing for funding; establishing account; amending Minnesota Statutes 1994, section 609.52, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 168A.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Financial Institutions and Insurance.

The report was adopted.

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

H. F. No. 2308, A bill for an act relating to state government; providing a condition on participation in the state employee combined charitable campaign; amending Minnesota Statutes 1994, section 309.501, by adding a subdivision.

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

The report was adopted.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6425

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 2311, A bill for an act relating to capital improvements; appropriating money for the Brookdale area water ponding project; authorizing the sale of state bonds.

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

The report was adopted.

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

H. F. No. 2340, A bill for an act relating to health professions; providing for the registration of speech-language pathologists and audiologists by the department of health; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Rules, parts 4750.0010; 4750.0020; 4750.0030; 4750.0040; 4750.0050; 4750.0060; 4750.0070; 4750.0080; 4750.0090; 4750.0100; 4750.0200; 4750.0300; 4750.0400; 4750.0500; 4750.0600; and 4750.0700.

Reported the same back with the following amendments:

Page 6, line 10, after the semicolon, insert "or"

Page 6, line 11, delete "; or" and insert a period

Page 6, delete line 12

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2355, A bill for an act relating to local government; authorizing a city or town to require certain information in applying for or as a condition of granting approval of permits required under official controls; amending Minnesota Statutes 1994, section 462.353, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 366.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [366.125] [MAY MAKE APPLICANT CERTIFY THAT TAXES ARE PAID.]

The town board may require, either as part of the necessary information on an application or as a condition of a grant of approval, an applicant for an amendment, permit, or other approval required under a regulation established pursuant to sections 366.10 to 366.18 to certify that there are no delinquent property taxes, special assessments, penalties, and interest due on the parcel to which the application relates. Property taxes which are being paid under the provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this section if all required payments that are due under the terms of the stipulation, order, confession of judgment, or appeal have been paid.

Sec. 2. [394.235] [MAY MAKE APPLICANT CERTIFY THAT TAXES ARE PAID.]

The county board may require, either as part of the necessary information on an application or as a condition of a grant of approval, an applicant for an amendment to an official control established pursuant to sections 394.21 to 394.37, or for a permit or other approval required under an official control established pursuant to those sections


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6426

to certify that there are no delinquent property taxes, special assessments, penalties, interest due on the parcel to which the application relates. Property taxes which are being paid under the provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this section if all required payments that are due under the terms of the stipulation, order, confession of judgment, or appeal have been paid.

Sec. 3. Minnesota Statutes 1994, section 462.353, is amended by adding a subdivision to read:

Subd. 5. [CERTIFY TAXES PAID.] A municipality may require, either as part of the necessary information on an application or as a condition of a grant of approval, an applicant for an amendment to an official control established pursuant to sections 462.351 to 462.364, or for a permit or other approval required under an official control established pursuant to those sections to certify that there are no delinquent property taxes, special assessments, penalties, interest, and municipal utility fees due on the parcel to which the application relates. Property taxes which are being paid under the provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this subdivision if all required payments that are due under the terms of the stipulation, order, confession of judgment, or appeal have been paid."

Amend the title as follows:

Page 1, line 2, after "city" insert ", county,"

Page 1, line 8, delete "chapter" and insert "chapters" and before the period, insert "and 394"

With the recommendation that when so amended the bill pass.

The report was adopted.

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 2362, A bill for an act relating to capital improvements; authorizing the issuance of state bonds for publicly owned housing; appropriating money.

Reported the same back with the following amendments:

Page 1, line 10, after the period, insert "A grant shall not exceed $15,000 per unit."

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 2373, A bill for an act relating to the city of Duluth; authorizing the establishment of housing replacement districts; amending Laws 1995, chapter 264, article 5, sections 44, subdivision 4; and 45, subdivision 1.

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

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 2380, A bill for an act relating to motor vehicles; specifying percentages of the motorcycle safety fund that may be spent on administration and motorcycle safety instruction; amending Minnesota Statutes 1995 Supplement, section 126.115, subdivision 3.

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

The report was adopted.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6427

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

H. F. No. 2413, A bill for an act relating to cemeteries; clarifying procedures for examination of certain accounts and records by the state auditor; providing for transfer of cemeteries to and from local units of government; amending Minnesota Statutes 1994, sections 149.13, subdivision 5; 306.02, subdivision 2; 306.025; 306.243, by adding a subdivision; and 306.97.

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 2415, A bill for an act relating to housing; modifying procedures for allocating bonding authority to cities for single-family housing; making technical corrections; amending Minnesota Statutes 1995 Supplement, section 474A.061, subdivision 2a.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [474A.025] [DEADLINE DATES AND TIMES.]

All applications, notices, and other materials required to be filed or submitted to the department pursuant to this chapter must be received by the department no later than 4:30 p.m. on the deadline day or date. When an application, notice, or other required material is required to be filed or submitted to the department on or before a prescribed day or date and the prescribed day or date falls on a Saturday, Sunday, or legal holiday, it is timely filed or submitted if it is received by the department by 4:30 p.m. on the next succeeding day which is not a Saturday, Sunday, or legal holiday.

Sec. 2. Minnesota Statutes 1995 Supplement, section 474A.061, subdivision 2a, is amended to read:

Subd. 2a. [HOUSING POOL ALLOCATION.] (a) On the first business day that falls on a Monday of the calendar year and the first Monday in February, the commissioner shall allocate available bonding authority in the housing pool to applications received by the Monday of the previous week for residential rental projects that are not restricted to persons who are 55 years of age or older and that meet the eligibility criteria under section 474A.047. If an issuer that receives an allocation under this paragraph does not issue obligations equal to all or a portion of the allocation received within 120 days of the allocation or returns the allocation to the commissioner, the amount of the allocation is canceled and returned for reallocation through the housing pool.

(b) After February 1, and through February 15, the Minnesota housing finance agency may accept applications from cities for single-family housing programs which meet program requirements as follows:

(1) the housing program must meet a locally identified housing need and be economically viable;

(2) the adjusted income of home buyers may not exceed the greater of the agency's income limits or 80 percent of the area median income as published by the Department of Housing and Urban Development;

(3) house price limits may not exceed:

(i) the greater of agency house price limits or the federal price limits for housing up to a maximum of $95,000; or

(ii) for a new construction affordability initiative, the greater of 115 percent of agency house price limits or 90 percent of the median purchase price in the city for which the bonds are to be sold up to a maximum of $95,000.

Data establishing the median purchase price in the city must be included in the application by a city requesting house price limits higher than the housing finance agency's house price limits; and


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6428

(4) an application deposit equal to one percent of the requested allocation must be submitted with the city's signed allocation agreement before the agency forwards the list specifying the amounts allocated to the commissioner under paragraph (c). The agency shall submit the city's application and application deposit to the commissioner when requesting an allocation from the housing pool.

Applications by a consortium shall include the name of each member of the consortium and the amount of allocation requested by each member.

The Minnesota housing finance agency may accept applications from June 15 through June 30 from cities for single-family housing programs which meet program requirements specified under clauses (1) to (4) if bonding authority is available in the housing pool. The agency must allot available bonding authority. An application from a city located in the metropolitan area, as defined in section 473.121, subdivision 2, may only be accepted from a city which elects to participate in the local housing incentive account program under section 473.254 and is determined by the metropolitan council to have made measurable progress towards its affordable and life-cycle housing goals in the previous calendar year. For purposes of paragraphs (a) to (d) (g), "city" means a county or a consortium of local government units that agree through a joint powers agreement to apply together for single-family housing programs, and has the meaning given it in section 462C.02, subdivision 6. "Agency" means the Minnesota housing finance agency.

(c) The total amount of allocation for mortgage bonds for one city is limited to the lesser of: (i) the amount requested, or (ii) the product of the total amount available for mortgage bonds from the housing pool, multiplied by the ratio of each applicant's population as determined by the most recent estimate of the city's population released by the state demographer's office to the total of all the applicants' population, except that each applicant shall be allocated a minimum of $100,000 regardless of the amount requested or the amount determined under the formula in clause (ii). If a city applying for an allocation is located within a county that has also applied for an allocation, the city's population will be deducted from the county's population in calculating the amount of allocations under this paragraph.

Upon determining the amount of each applicant's allocation, the agency shall forward a list specifying the amounts allotted to each application and application deposit checks to the commissioner.

(d) The agency may issue bonds on behalf of participating cities. The agency shall request an allocation from the commissioner for all applicants who choose to have the agency issue bonds on their behalf and the commissioner shall allocate the requested amount to the agency. The agency may request an allocation at any time after the first Monday in February and through the last Monday in July, but may request an allocation no later than the last Monday in July. The commissioner shall return any application deposit to a city that paid an application deposit under paragraph (a) (b), clause (4), but was not part of the agreement list forwarded to the commissioner under this paragraph (c).

(e) A city may choose to issue bonds on its own behalf or through a joint powers agreement or may use bonding authority for mortgage credit certificates and may request an allocation from the commissioner. If the total amount requested by all applicants exceeds the amount available in the pool, the city may not receive a greater allocation than the amount it would have received under the agreement list forwarded by the Minnesota housing finance agency to the commissioner. No city may request or receive an allocation from the commissioner until the list under paragraph (c) has been forwarded to the commissioner. A city must request an allocation from the commissioner no later than 14 days before the unified pool is created pursuant to section 474A.091, subdivision 1. On and after the first Monday in February and through the last Monday in July, no city may receive an allocation from the housing pool which has not first applied to the Minnesota housing finance agency. The commissioner shall allocate the requested amount to the city or cities subject to the limitations under this paragraph.

If a city issues mortgage bonds from an allocation received under this paragraph (d), the issuer must provide for the recycling of funds into new loans. If the issuer is not able to provide for recycling, the issuer must notify the commissioner in writing of the reason that recycling was not possible and the reason the issuer elected not to have the Minnesota housing finance agency issue the bonds. "Recycling" means the use of money generated from the repayment and prepayment of loans for further eligible loans or for the redemption of bonds and the issuance of current refunding bonds.

(f) No entitlement city or county or city in an entitlement county may apply for or be allocated authority to issue bonds or use mortgage credit certificates from the housing pool.

(g) A city that does not use at least 50 percent of their allotment by the date applications are due for the first allocation that is made from the housing pool for single-family housing programs in the immediately succeeding calendar year may not apply to the housing pool for a single-family mortgage bond or mortgage credit certificate


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6429

program allocation or receive an allotment from the housing pool in the succeeding two calendar years. Each local government unit in a consortium must meet the requirements of this paragraph.

Sec. 3. Minnesota Statutes 1994, section 474A.061, subdivision 2b, is amended to read:

Subd. 2b. [SMALL ISSUE POOL ALLOCATION.] From the beginning of the calendar year On the first Monday in January that is a business day through the last Monday in July, the commissioner shall allocate available bonding authority from the small issue pool on Monday of each week to applications received on or before the Monday of the preceding week. The amount of allocation provided to an issuer for a specific manufacturing project will be based on the number of points received for the proposed project under the scoring system under section 474A.045. Proposed projects that receive 50 points or more are eligible for all of the proposed allocation. Proposed projects that receive less than 50 points are eligible to receive a proportionally reduced share of the proposed authority, based upon the number of points received.

If there are two or more applications for manufacturing projects from the small issue pool and there is insufficient bonding authority to provide allocations for all projects in any one week, the available bonding authority shall be awarded based on the number of points awarded a project under section 462A.045, with those projects receiving the greatest number of points receiving allocation first. If two or more applications receive an equal number of points, available bonding authority shall be awarded by lot unless otherwise agreed to by the respective issuers.

Sec. 4. Minnesota Statutes 1995 Supplement, section 474A.061, subdivision 2c, is amended to read:

Subd. 2c. [PUBLIC FACILITIES POOL ALLOCATION.] From the beginning of the calendar year and continuing for a period of 120 days, the commissioner shall reserve $5,000,000 of the available bonding authority from the public facilities pool for applications for public facilities projects to be financed by the Western Lake Superior Sanitary District. From the beginning of the calendar year On the first Monday in January that is a business day through the last Monday in July, the commissioner shall allocate available bonding authority from the public facilities pool on Monday of each week to applications for eligible public facilities projects received on or before the Monday of the preceding week. If there are two or more applications for public facilities projects from the pool and there is insufficient available bonding authority to provide allocations for all projects in any one week, the available bonding authority shall be awarded by lot unless otherwise agreed to by the respective issuers.

Sec. 5. Minnesota Statutes 1995 Supplement, section 474A.091, subdivision 3, is amended to read:

Subd. 3. [ALLOCATION PROCEDURE.] (a) The commissioner shall allocate available bonding authority under this section on the Monday of every other week beginning with the first Monday in August through and on the last Monday in November. Applications for allocations must be received by the department by the Monday preceding the Monday on which allocations are to be made. If a Monday falls on a holiday, the allocation will be made or the applications must be received by the next business day after the holiday.

(b) On or before September 1, allocations shall be awarded from the unified pool in the following order of priority:

(1) applications for enterprise zone facility bonds;

(2) applications for small issue bonds;

(3) applications for mortgage bonds;

(4) applications for public facility projects funded by public facility bonds;

(5) applications for redevelopment bonds;

(6) applications for residential rental project bonds; and

(7) applications for governmental bonds.

Allocations for residential rental projects may only be made during the first allocation in August. The amount of allocation provided to an issuer for a specific manufacturing project will be based on the number of points received for the proposed project under the scoring system under section 474A.045. Proposed manufacturing projects that receive 50 points or more are eligible for all of the proposed allocation. Proposed manufacturing projects that receive


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6430

less than 50 points under section 474A.045 are only eligible to receive a proportionally reduced share of the proposed authority, based upon the number of points received. If there are two or more applications for manufacturing projects from the unified pool and there is insufficient bonding authority to provide allocations for all manufacturing projects in any one allocation period, the available bonding authority shall be awarded based on the number of points awarded a project under section 474A.045 with those projects receiving the greatest number of points receiving allocation first. If two or more applications receive an equal amount of points, available bonding authority shall be awarded by lot unless otherwise agreed to by the respective issuers.

(c)(1) On the first Monday in August, $5,000,000 of bonding authority is reserved within the unified pool for agricultural development bond loan projects of the Minnesota rural finance authority and $20,000,000 of bonding authority or an amount equal to the total annual amount of bonding authority allocated to the small issue pool under section 474A.03, subdivision 1, less the amount allocated to issuers from the small issue pool for that year, whichever is less, is reserved within the unified pool for small issue bonds. On the first Monday in September through the last Monday in November, $2,500,000 of bonding authority or an amount equal to the total annual amount of bonding authority allocated to the public facilities pool under section 474A.03, subdivision 1, less the amount allocated to issuers from the public facilities pool for that year, whichever is less, is reserved within the unified pool for public facility bonds. If sufficient bonding authority is not available to reserve the required amounts for manufacturing projects and agricultural development bond loan projects, the remaining available bonding authority must be distributed between the two reservations on a pro rata basis, based upon the amounts each would have received if sufficient authority was available.

(2) The total amount of allocations for mortgage bonds from the housing pool and the unified pool may not exceed:

(i) $10,000,000 for any one city; or

(ii) $20,000,000 for any number of cities in any one county.

An allocation for mortgage bonds may be used for mortgage credit certificates.

(d) After September 1, allocations shall be awarded from the unified pool only for the following types of qualified bonds: small issue bonds, public facility bonds to finance publicly owned facility projects, and enterprise zone facility bonds.

(d) If there is insufficient bonding authority to fund all projects within any qualified bond category, allocations shall be awarded by lot unless otherwise agreed to by the respective issuers. If an application is rejected, the commissioner must notify the applicant and return the application deposit to the applicant within 30 days unless the applicant requests in writing that the application be resubmitted. The granting of an allocation of bonding authority under this section must be evidenced by issuance of a certificate of allocation.

Sec. 6. Minnesota Statutes 1994, section 474A.131, subdivision 1, is amended to read:

Subdivision 1. [NOTICE OF ISSUE.] Each issuer that issues bonds with an allocation received under this chapter shall provide a notice of issue to the department on forms provided by the department stating:

(1) the date of issuance of the bonds;

(2) the title of the issue;

(3) the principal amount of the bonds;

(4) the type of qualified bonds under federal tax law; and

(5) the dollar amount of the bonds issued that were subject to the annual volume cap.

For obligations that are issued as a part of a series of obligations, a notice must be provided for each series. Any issue of obligations for which a notice of issue is not provided to the department within five days after issuance or before the last Monday in December, whichever occurs first, is deemed not to have received an allocation under this law or under federal tax law. Within 30 days after receipt of a notice of issue the department shall refund a portion of the application deposit equal to one percent of the amount of the bonding authority actually issued if a one percent application deposit was made, or equal to two percent of the amount of the bonding authority actually issued if a two percent application deposit was made.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6431

Sec. 7. Minnesota Statutes 1994, section 474A.131, subdivision 1a, is amended to read:

Subd. 1a. [CERTIFICATE OF NOTICE.] If an allocation received under this chapter is used for mortgage credit certificates, a certificate notice must be submitted to the department on forms provided by the department stating the date of the filing of the election not to issue bonds as provided under section 25, paragraph (c), of the Internal Revenue Code and the amount of allocation authority to be used under the program.

A mortgage credit certificate program for which a certificate notice is not provided to the department within five days of the date of the filing of the election not to issue bonds or before the last Monday in December, whichever occurs first, is considered not to have received an allocation under this law or under federal tax law. Within 30 days after receipt of a certificate notice the department shall refund a portion of the application deposit equal to one percent of the amount of the bonding authority to be used for the mortgage credit certificate program.

Sec. 8. Minnesota Statutes 1994, section 474A.14, is amended to read:

474A.14 [NOTICE OF AVAILABLE AUTHORITY.]

The department shall publish in the State Register a notice of the amount of bonding authority in the housing, small issue, and public facilities pools as soon after January 1 as possible. The department shall publish in the State Register a notice of the amount of bonding authority available for allocation in the unified pool as soon after September August 1 as possible."

Delete the title and insert:

"A bill for an act relating to housing; modifying procedures for allocating bonding authority to cities for single-family housing; making technical corrections; amending Minnesota Statutes 1994, sections 474A.061, subdivision 2b; 474A.131, subdivisions 1 and 1a; and 474A.14; Minnesota Statutes 1995 Supplement, sections 474A.061, subdivisions 2a and 2c; and 474A.091, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 474A."

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2482, A bill for an act relating to civil commitment; allowing the local mental health authority to consent to voluntary treatment for certain incompetent persons; creating a new standard for court-ordered early intervention to provide less intrusive treatment; modifying standards and procedures for the administration of neuroleptic medications; modifying persons who receive certain reports; providing for access to records; amending the provisional discharge procedures; clarifying the time a civil commitment commences; amending Minnesota Statutes 1994, sections 253B.02, subdivision 15, and by adding a subdivision; 253B.04; 253B.07, subdivisions 1, 2, 4, and 7; 253B.09, subdivision 1, and by adding a subdivision; 253B.10, subdivision 1; 253B.14; 253B.15, subdivisions 1, 1a, 2, 3, 5, and by adding subdivisions; and 525.56, subdivision 3; Minnesota Statutes 1995 Supplement, sections 13.42, subdivision 3; and 253B.12, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 253B; repealing Minnesota Statutes 1994, section 253B.15, subdivisions 4 and 6; Minnesota Statutes 1995 Supplement, section 253B.03, subdivision 6c.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services.

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 2514, A bill for an act relating to highways; providing for exemption from liability for rustic roads under certain conditions; amending Minnesota Statutes 1994, section 160.83, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 21, delete "grossly"

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

The report was adopted.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6432

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 2555, A bill for an act relating to taxation; extending the duration of the sales tax exemption for used farm machinery; amending Minnesota Statutes 1995 Supplement, section 297A.25, subdivision 59.

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

The report was adopted.

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

H. F. No. 2617, A bill for an act relating to local government; providing for a recreation levy for ten years for Sawyer unorganized township in Carlton county.

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

The report was adopted.

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

H. F. No. 2625, A bill for an act relating to the city of Baxter; allowing the city of Baxter to expand its public utilities commission to five members.

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

The report was adopted.

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

H. F. No. 2634, A bill for an act relating to local government; providing for one additional chief deputy sheriff in the unclassified service in Hennepin county; amending Minnesota Statutes 1994, section 383B.32, subdivision 2.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 2003, 2079, 2098, 2102, 2114, 2116, 2131, 2132, 2155, 2239, 2308, 2340, 2355, 2380, 2413, 2625 and 2634 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Wenzel and Garcia introduced:

H. F. No. 2856, A bill for an act relating to crime; increasing penalties for certain drive-by shooting crimes; providing that a drive-by shooting resulting in death is first degree murder; increasing penalties for drive-by shootings that result in substantial or great bodily harm or that involve occupied buildings or motor vehicles; amending Minnesota Statutes 1994, section 609.66, subdivision 1e; Minnesota Statutes 1995 Supplement, section 609.185.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6433

Cooper introduced:

H. F. No. 2857, A bill for an act relating to the environment; permitting local governments to exercise certain feedlot regulatory authority; requiring the pollution control agency to adopt rules; amending Minnesota Statutes 1995 Supplement, section 116.07, subdivision 7.

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

Wenzel, Rukavina, Koppendrayer, Otremba and Hasskamp introduced:

H. F. No. 2858, A bill for an act relating to Camp Ripley; providing for use of the National Guard Education Center as the state education and training center; proposing coding for new law in Minnesota Statutes, chapter 15.

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

Carruthers, Winter and Skoglund introduced:

H. F. No. 2859, A bill for an act relating to taxation; property tax refund; providing for a new property tax refund alternative for homeowners who are over 65 years old; amending Minnesota Statutes 1994, section 290A.04, subdivision 2; Minnesota Statutes 1995 Supplement, section 290A.04, subdivision 6.

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

Bakk introduced:

H. F. No. 2860, A bill for an act relating to game and fish; modifying the provisions for angling and spearing licenses for disabled residents; amending Minnesota Statutes 1994, section 97A.441, subdivision 1.

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

Pugh introduced:

H. F. No. 2861, A bill for an act relating to public defense; requiring courts, prosecutors, and law enforcement agencies to provide certain documents and items to public defenders at no charge; permitting the board of public defense to use its 1996-1997 biennial appropriation for certain purposes; amending Minnesota Statutes 1994, section 611.271.

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

Sviggum and Rest introduced:

H. F. No. 2862, A bill for an act relating to taxation; property; providing for the classification of certain agricultural lands; amending Minnesota Statutes 1994, section 273.13, subdivision 23.

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

Rukavina, Bakk and Wagenius introduced:

H. F. No. 2863, A bill for an act relating to employment; requiring employers to pay for certain protective equipment; proposing coding for new law in Minnesota Statutes, chapter 181.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6434

Onnen introduced:

H. F. No. 2864, A bill for an act relating to retirement; consolidating the firefighters relief associations in the cities of Norwood and Young America; making technical changes; transferring assets.

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

Workman introduced:

H. F. No. 2865, A bill for an act relating to transportation; delaying requirement for lead-free markings for road pavement; amending Minnesota Statutes 1994, section 115A.9651, subdivision 1.

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

Osskopp introduced:

H. F. No. 2866, A bill for an act relating to liquor; modifying restrictions for temporary on-sale licenses; amending Minnesota Statutes 1995 Supplement, section 340A.410, subdivision 10.

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

Leighton and Bettermann introduced:

H. F. No. 2867, A bill for an act relating to workers' compensation; modifying provisions governing calculation of premiums; modifying provisions relating to independent contractors; exempting certain rules from expiration; changing terms of a pilot program; making technical changes; amending Minnesota Statutes 1995 Supplement, sections 79.53, subdivision 1; 79.55, subdivision 5; 176.136, subdivision 1a; 176.1812, subdivisions 1 and 6; and 176.261; proposing coding for new law in Minnesota Statutes, chapter 176.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Winter introduced:

H. F. No. 2868, A bill for an act relating to capital improvements; appropriating money for a grant to the southwest regional development commission for construction of a historical display facility known as Prairieland Expo; authorizing the sale of bonds.

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

Olson, E.; Lieder; Peterson and Jennings introduced:

H. F. No. 2869, A bill for an act relating to taxation; extending the duration of the sales tax exemption for used farm machinery; amending Minnesota Statutes 1995 Supplement, section 297A.25, subdivision 59.

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

Luther introduced:

H. F. No. 2870, A bill for an act relating to motor vehicles; establishing special Olympic license plates; dedicating fees collected; creating an account in the state treasury; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6435

Pugh introduced:

H. F. No. 2871, A bill for an act relating to human services; providing for the selection of representatives of nongovernmental entities to take part in operating a family services collaborative; permitting the inclusion of representatives of nongovernmental entities in a joint board established under the joint powers act to operate a family services collaborative; amending Minnesota Statutes 1994, sections 121.8355, subdivision 1, and by adding a subdivision; 466.01, subdivision 1; and 471.59, subdivision 11.

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

Pugh introduced:

H. F. No. 2872, A bill for an act relating to data practices; authorizing the release of certain birth information on unwed mothers to family service collaboratives; amending Minnesota Statutes 1994, section 144.225, subdivision 2.

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

Delmont; Johnson, A.; Hackbarth and Lynch introduced:

H. F. No. 2873, A bill for an act relating to state lands; authorizing sales of certain tax-forfeited lands that border public water in Anoka county.

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

Kelso; Kelley; Swenson, D., and Dorn introduced:

H. F. No. 2874, A bill for an act relating to education; appropriating money for a loan repayment assistance program.

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

Rukavina introduced:

H. F. No. 2875, A bill for an act relating to the town of Biwabik; authorizing a different election date.

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

Kahn, Hausman, McGuire, Wagenius and Greenfield introduced:

H. F. No. 2876, A bill for an act relating to education; capital improvements; appropriating money to the University of Minnesota for a steam plant away from the Mississippi river; authorizing the issuance of state bonds.

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

Macklin, Dauner, Kalis, Jennings and Sviggum introduced:

H. F. No. 2877, A bill for an act relating to civil actions; abolishing the apportionment of joint and several liability in certain cases; amending Minnesota Statutes 1994, section 604.02, subdivision 1.

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

Huntley, Rice, Trimble, Rukavina and Ozment introduced:

H. F. No. 2878, A bill for an act relating to energy; providing home energy assistance; appropriating money.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6436

Farrell and Skoglund introduced:

H. F. No. 2879, A bill for an act relating to state government; prohibiting the use of alcohol in state buildings; modifying provisions relating to state immunity; amending Minnesota Statutes 1994, sections 3.736, subdivision 3; and 16B.24, by adding a subdivision.

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

Carlson, L.; Koppendrayer; Ostrom; Dempsey and Kalis introduced:

H. F. No. 2880, A bill for an act proposing an amendment to the Minnesota Constitution, article VIII, section 5; providing for recall of elected state officers.

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

Cooper, Otremba and Peterson introduced:

H. F. No. 2881, A bill for an act relating to transportation; changing formula for distributing county state-aid highway funds; changing composition of county state-aid screening board; providing for resolution of disputes between cities and counties over county state-aid highway projects in cities; increasing taxes on motor fuels; authorizing annual adjustment in motor fuel tax rate; proposing an amendment to Minnesota Constitution, article XIV, to require a percentage of revenues from the motor vehicle sales tax to be dedicated exclusively to transit assistance; amending Minnesota Statutes 1994, sections 162.02, subdivisions 7, 8, and by adding a subdivision; 162.07, subdivisions 1, 5, 6, and by adding a subdivision; and 296.02, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 296.02, subdivision 1b; and 296.025, subdivision 1b.

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

Wagenius, Garcia, Abrams, Long and Ostrom introduced:

H. F. No. 2882, A bill for an act relating to property taxes; classification; providing a reduced class rate for certain apartment buildings; amending Minnesota Statutes 1995 Supplement, section 273.13, subdivision 25.

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

Cooper; Pugh; Swenson, D.; Murphy and Dauner introduced:

H. F. No. 2883, A bill for an act relating to traffic regulations; motor vehicles; establishing system for the notification, recording, and collection of delinquent fines for traffic and parking violations; prohibiting registration of vehicle of owner who has not paid the fine for a traffic or parking violation; prohibiting issuance of warrants for parking violations; providing for redesigned license plates to be issued in 1998 for passenger automobiles; imposing a fee; appropriating money; amending Minnesota Statutes 1994, sections 168.12, subdivision 1, and by adding a subdivision; 169.91, subdivision 3; 169.95; and 169.99, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 168; and 169.

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

Dawkins and Rest introduced:

H. F. No. 2884, A bill for an act relating to taxation; property; reducing county property taxes by funding the fiscal year cost shift for the state takeover of certain income maintenance costs; appropriating money; amending Minnesota Statutes 1994, section 256.025, subdivision 4; Minnesota Statutes 1995 Supplement, section 256.026.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6437

Daggett, Bradley, Boudreau, Otremba and Haas introduced:

H. F. No. 2885, A bill for an act relating to taxation; income; providing a credit for long-term care insurance premiums; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Pawlenty and Perlt introduced:

H. F. No. 2886, A bill for an act relating to metropolitan land planning; providing for zoning to supersede a comprehensive plan if they conflict; amending Minnesota Statutes 1995 Supplement, section 473.858, subdivision 1.

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

Dauner and Seagren introduced:

H. F. No. 2887, A bill for an act relating to commerce; requiring carbon monoxide detectors in residential buildings; amending Minnesota Statutes 1994, section 16B.61, subdivision 3.

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

Leppik, Garcia, Kelley, Mahon and Rest introduced:

H. F. No. 2888, A bill for an act relating to capital improvements; authorizing the issuance of state bonds for metropolitan council regional parks; appropriating money.

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

Onnen introduced:

H. F. No. 2889, A bill for an act relating to local government; the cities of Norwood and Young America in Carver county and their consolidation into the city of Norwood-Young America; repealing Extra Session Laws 1857, chapter 18, section 50; Special Laws 1874, chapter 78; Special Laws 1879, chapters 4 and 152; Special Laws 1881, chapters 31 and 101; Special Laws 1889, chapter 24; and Special Laws 1891, chapters 211 and 272.

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

Clark; Rice; Johnson, R., and Rukavina introduced:

H. F. No. 2890, A bill for an act relating to economic security; appropriating money for the YOUTHBUILD program.

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

Farrell introduced:

H. F. No. 2891, A bill for an act relating to crime prevention; requiring the commissioner of public safety to award grants; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299A.

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

Jennings, Abrams and Commers introduced:

H. F. No. 2892, A bill for an act relating to elections; allowing use of funds of a nonprofit corporation for administration of a political committee or political fund; amending Minnesota Statutes 1994, section 211B.15, by adding a subdivision.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6438

Dawkins introduced:

H. F. No. 2893, A bill for an act relating to Ramsey county; allowing local units of government to acquire tax-forfeited property; proposing coding for new law in Minnesota Statutes, chapter 383A.

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

Mahon, Rice, Garcia and Perlt introduced:

H. F. No. 2894, A bill for an act relating to economic development; imposing certain conditions for the use of economic recovery grants; amending Minnesota Statutes 1994, section 116J.873, subdivision 4; Minnesota Statutes 1995 Supplement, section 116J.873, subdivision 3.

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

Carruthers, Orenstein, Solberg and Weaver introduced:

H. F. No. 2895, A bill for an act relating to drivers' licenses; providing conditions for validity of state contracts; requiring refund of license fee if a qualified applicant does not receive a license, duplicate license, permit, or identification card within six weeks of application; providing for issuance of license without regard to whether the fee has been refunded; requiring legislative audit commission to study driver's license and identification card program; amending Minnesota Statutes 1994, sections 16B.06, subdivision 2; 171.06, by adding a subdivision; and 171.07, subdivisions 1 and 3.

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

Leppik, Kelso, Rukavina, Brown and Solberg introduced:

H. F. No. 2896, A bill for an act relating to education; removing certain conditions from money credited to the permanent university fund; repealing Minnesota Statutes 1995 Supplement, section 16A.125, subdivision 6a.

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

Kelso introduced:

H. F. No. 2897, A bill for an act relating to education; appropriating money to the board of regents in support of a center for biomedical engineering.

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

Erhardt, Long, Macklin and Van Dellen introduced:

H. F. No. 2898, A bill for an act relating to taxation; repealing provisions providing for the property tax refund on the property tax statement; repealing Minnesota Statutes 1995 Supplement, sections 270B.12, subdivision 11; 276.012; 290A.055; and 290A.26; Laws 1995, chapter 264, article 4.

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

Kahn and Jefferson introduced:

H. F. No. 2899, A bill for an act relating to retirement; modifying benefits for 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; proposing coding for new law in Minnesota Statutes, chapter 352E.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6439

Murphy, Bakk, Kinkel and Hasskamp introduced:

H. F. No. 2900, A bill for an act relating to game and fish; providing for a deficiency in the appropriation for emergency deer feeding; appropriating money.

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

Cooper and Greenfield introduced:

H. F. No. 2901, A bill for an act relating to health insurance; making technical changes; clarifying the definition of dependents; allowing re-entry into the small employer market under certain circumstances; establishing compensation for the reinsurance association; amending Minnesota Statutes 1994, sections 62A.65, subdivision 3, and by adding a subdivision; 62J.25; 62L.02, subdivision 15; 62L.09, subdivision 3; 62L.14, subdivision 7; and 62N.25, subdivision 5; Minnesota Statutes 1995 Supplement, sections 62A.65, subdivision 5; 62L.02, subdivision 11; 62L.045, subdivision 1; 62L.12, subdivision 2; 62M.09, subdivision 5; 62N.076, subdivision 3; 62N.077, subdivision 2; 62Q.01, subdivision 3; and 256.9358, subdivision 4; repealing Minnesota Statutes 1994, section 62N.33; Laws 1993, chapter 247, article 4, section 8; 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.

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

Bakk and Rukavina introduced:

H. F. No. 2902, A bill for an act relating to game and fish; providing an appropriation for emergency deer feeding; appropriating money.

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

Carruthers, Macklin and Dawkins introduced:

H. F. No. 2903, A bill for an act relating to crime prevention; authorizing peace officers to issue citations for truancy; requiring that certain juveniles taken into secure custody be formally booked and fingerprinted; requiring that any known street names or aliases of certain juvenile offenders be included in the statewide juvenile information system; amending Minnesota Statutes 1994, sections 168.36, by adding a subdivision; and 260.161, subdivision 1a; Minnesota Statutes 1995 Supplement, sections 260.132, subdivision 1; 260.161, subdivision 3; and 299C.10, subdivision 1.

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

Warkentin; Johnson, A.; Delmont; Weaver and Lynch introduced:

H. F. No. 2904, A bill for an act relating to education; capital improvements; appropriating money for capital improvements at Anoka-Ramsey community college; authorizing the issuance of state bonds.

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

Perlt introduced:

H. F. No. 2905, A bill for an act relating to education; providing for certain bus stops for school children in day care; proposing coding for new law in Minnesota Statutes, chapter 123.

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

Osskopp introduced:

H. F. No. 2906, A bill for an act relating to liquor; modifying restrictions for temporary on-sale licenses; amending Minnesota Statutes 1995 Supplement, section 340A.410, subdivision 10.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6440

Haas, Boudreau, Bradley and Weaver introduced:

H. F. No. 2907, A bill for an act relating to health; extending the time requirement for submission of claims by vendors of medical care.

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

Girard and Jennings introduced:

H. F. No. 2908, A bill for an act relating to agriculture; changing the law limiting corporate farming; expanding the definition of authorized farm corporation; providing for family farm limited liability companies and authorized farm limited liability companies; clarifying enforcement; amending Minnesota Statutes 1994, section 500.24, subdivisions 2, 3, and 5.

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

Dawkins, Clark and Carruthers introduced:

H. F. No. 2909, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 5; authorizing the issuance of state bonds for housing purposes.

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

Greenfield and Anderson, R., introduced:

H. F. No. 2910, A bill for an act relating to human services; reducing age requirements for personal care assistants in school-sponsored work programs; amending Minnesota Statutes 1994, section 256B.0627, subdivision 1, as amended.

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

Peterson; Cooper; Girard; Johnson, V., and Davids introduced:

H. F. No. 2911, A bill for an act relating to agriculture; appropriating money for alfalfa research and development.

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

Tunheim introduced:

H. F. No. 2912, A bill for an act relating to agriculture; providing continuing support for turf grass research and development in northern Minnesota; appropriating money.

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

Tunheim introduced:

H. F. No. 2913, A bill for an act relating to workers' compensation; modifying the definition of "daily wage"; amending Minnesota Statutes 1994, section 176.011, subdivision 3.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Kalis, Tunheim, Cooper, Murphy and Bertram introduced:

H. F. No. 2914, A bill for an act relating to taxation; exempting sales of lawn and garden care to cemeteries from the sales tax; amending Minnesota Statutes 1995 Supplement, section 297A.01, subdivision 3.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6441

Hasskamp, Kinkel, Schumacher and Olson, M., introduced:

H. F. No. 2915, A bill for an act relating to education; eliminating a local property tax levy in a school district for a nonresident pupil attending the district under an alternative attendance program; amending Minnesota Statutes 1995 Supplement, section 124A.24.

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

Smith introduced:

H. F. No. 2916, A bill for an act relating to education; imposing financial responsibility on a district providing special instruction and services for a child with disability when the child is enrolled under the enrollment options program; amending Minnesota Statutes 1994, section 124A.036, subdivision 5.

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

Seagren, Rukavina and Mahon introduced:

H. F. No. 2917, A bill for an act relating to state government; authorizing the issuance of state bonds for construction of a ski jump in the Highland Hills/Bush Lake ski area; appropriating money.

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

Greenfield introduced:

H. F. No. 2918, A bill for an act relating to crime; requiring the commencement of a criminal proceeding within seven days of the seizure of money or property under the administrative forfeiture law; amending Minnesota Statutes 1994, section 609.5314, subdivision 1.

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

Pugh introduced:

H. F. No. 2919, A bill for an act relating to corrections; prohibiting the imprisonment of jail prisoners for failure to pay fines or other court costs; increasing the fine credits of jail prisoners who perform required labor; limiting the number of hours of required labor; reducing the penalty for insulting or otherwise interfering with a prisoner who is performing labor; amending Minnesota Statutes 1994, sections 641.07; and 641.10.

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

Delmont introduced:

H. F. No. 2920, A bill for an act relating to education; modifying the equalized debt service levy and appropriation; amending Minnesota Statutes 1995 Supplement, sections 124.95, subdivision 4; and 124.961.

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

Haas introduced:

H. F. No. 2921, A bill for an act relating to state lands; authorizing the conveyance of certain tax-forfeited and acquired land that borders public water or natural wetlands in Hennepin county.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6442

Brown introduced:

H. F. No. 2922, A bill for an act relating to corrections; appropriating money for the acquisition of the Prairie correctional facility; providing for employees transition to state employee status; authorizing the issuance of state bonds.

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

Pugh, Pawlenty, Solberg, Pelowski and Smith introduced:

H. F. No. 2923, A bill for an act relating to civil actions; modifying and expanding provisions for sanctions in civil actions; amending Minnesota Statutes 1994, sections 336.2A-108; 566.25; 570.041, subdivision 1; 571.932, subdivision 6; and 609.5314, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 549; repealing Minnesota Statutes 1994, section 549.21.

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

Wenzel introduced:

H. F. No. 2924, A bill for an act relating to economic development; appropriating money to the commissioner of trade and economic development for expenditure as a grant to the Morrison county rural development finance authority; specifying purposes of the grant.

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

Solberg and Ness introduced:

H. F. No. 2925, A bill for an act relating to insurance; homeowner's; regulating payments to mortgagees; amending Minnesota Statutes 1994, section 65A.11.

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

Solberg and Ness introduced:

H. F. No. 2926, A bill for an act relating to insurance; homeowners; regulating claim denials; proposing coding for new law in Minnesota Statutes, chapter 65A.

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

Kalis introduced:

H. F. No. 2927, A bill for an act relating to the Minnesota historical society; appropriating money for a grant to Farmamerica.

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

Bertram, Hackbarth, Smith and Delmont introduced:

H. F. No. 2928, A bill for an act relating to retirement; modifying volunteer firefighters relief association lump sum benefit amounts; amending Minnesota Statutes 1994, section 424A.02, subdivision 3.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6443

Farrell introduced:

H. F. No. 2929, A bill for an act relating to crimes and criminals; prohibiting sale of electronic pagers to minors; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Farrell introduced:

H. F. No. 2930, A bill for an act relating to traffic regulations; requiring driver to stop to yield right-of-way to pedestrian within crosswalk; increasing penalty for failure to yield to pedestrian in crosswalk; directing commissioner to include information pertaining to crosswalk right-of-way in driver's manual; requiring preparation and distribution of publicity concerning traffic regulations; amending Minnesota Statutes 1994, section 171.13, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 169.21, subdivision 2.

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

Farrell introduced:

H. F. No. 2931, A bill for an act relating to crime prevention; providing for a 15-year limit to the mandatory dismissal of certain employees after background checks are completed; amending Minnesota Statutes 1994, section 326.336, subdivision 1.

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

Farrell introduced:

H. F. No. 2932, A bill for an act relating to crime prevention; requiring the commissioner of corrections to enter into a contract for housing prisoners at the Prairie Correctional Facility.

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

Solberg; Anderson, I., and Kinkel introduced:

H. F. No. 2933, A bill for an act relating to education; human services; capital improvements; providing a grant to Itasca county for integrated community resource centers with interactive television linkages to remote sites; appropriating money; authorizing the issuance of state bonds.

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

Solberg introduced:

H. F. No. 2934, A bill for an act relating to education; human services; capital improvements; providing a grant to Itasca county for integrated community resource centers with interactive television linkages to remote sites; appropriating money; authorizing the issuance of state bonds.

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

Carruthers, Weaver and Clark introduced:

H. F. No. 2935, A bill for an act relating to real property; permitting contracts for deed to provide for assignment of rents; clarifying rights of tenants; amending Minnesota Statutes 1994, sections 504.20, subdivisions 3, 4, 5, and 6; and 559.17, subdivision 2.

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


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6444

Perlt and Larsen introduced:

H. F. No. 2936, A bill for an act relating to local government; increasing the permitted administrative fund levy for the Valley Branch watershed district.

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

Haas, Bradley, Van Dellen and Boudreau introduced:

H. F. No. 2937, A bill for an act relating to health; repealing an appropriation to the commissioner of employee relations for the Minnesota employees insurance program; repealing Laws 1995, chapter 234, article 11, section 2, subdivision 2.

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

Skoglund introduced:

H. F. No. 2938, A bill for an act relating to Minnesota Statutes; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 1994, sections 10A.27, subdivision 1; 13.99, subdivisions 8a and 19c; 14.47, subdivision 1; 17.03, subdivision 10; 18.54, subdivisions 1 and 2; 18B.39; 18E.05, subdivision 1; 21.92; 32.417; 41A.023; 41A.04, subdivision 4; 44A.0311; 48.301; 60B.39, subdivision 5; 62D.02, subdivision 4; 62D.12, subdivisions 12 and 13; 62E.04, subdivision 8; 62E.09; 62I.22, subdivision 6; 72C.07, subdivision 1; 83.23, subdivisions 2 and 3; 83.24, subdivisions 3 and 5; 83.26, subdivision 1; 83.28, subdivision 2; 83.30, subdivision 1; 83.31, subdivisions 1 and 3; 83.39, subdivision 1; 85A.02, subdivision 5b; 97B.025; 103G.301, subdivision 3; 103I.101, subdivision 5; 103I.525, subdivisions 8 and 9; 103I.531, subdivisions 8 and 9; 103I.535, subdivision 8; 103I.541, subdivisions 4 and 5; 115A.156, subdivision 3; 115B.223, subdivision 2; 115C.07, subdivision 3; 116C.834, subdivision 1; 116J.403; 116J.63, subdivision 2; 116J.68, subdivision 2; 129D.14, subdivision 5; 136D.23, subdivisions 1 and 2; 136D.83, subdivisions 1 and 2; 144.98, subdivision 4; 145.61, subdivision 5; 145.889; 145.97; 148B.17; 148B.61, subdivision 2; 148B.64, subdivision 2; 148B.69, subdivision 1; 160.265, subdivision 2; 161.1231, subdivision 5; 169.128; 176.021, subdivision 7; 176.129, subdivisions 4a and 13; 176.225, subdivision 2; 176.83, subdivision 7; 177.24, subdivisions 1 and 4; 177.27, subdivision 6; 182.675; 183.375, subdivision 5; 183.411, subdivisions 2a and 3; 183.545; 197.447; 198.002, subdivision 2; 198.003, subdivision 1; 205A.13; 216A.037, subdivision 3; 216B.164, subdivision 6; 216C.10; 216C.14, subdivision 3; 216C.15, subdivision 2; 216C.37, subdivision 7; 223.17, subdivision 3; 239.101, subdivision 4; 240.24, subdivision 2; 240A.03, subdivision 10; 254B.041, subdivision 2; 256.871, subdivision 7; 256.9753, subdivision 3; 256.991; 256B.431, subdivision 22; 256B.501, subdivisions 5a and 10; 256B.502; 256B.503; 256B.74, subdivision 10; 268.166; 268.37, subdivision 3; 270.84, subdivision 1; 270A.12; 270B.07, subdivision 4; 284.28, subdivisions 5 and 6; 298.39; 299L.07, subdivision 8; 299M.04; 308A.135, subdivision 3; 325D.01, subdivision 1; 325D.69, subdivision 2; 325D.70; 325F.20, subdivision 1; 326.47, subdivision 6; 326.86, subdivision 1; 349A.02, subdivision 6; 352.75, subdivision 6; 352B.26, subdivision 3; 353.271, subdivision 2; 353.84; 354.094, as amended; 354.53, subdivision 1; 354.55, subdivisions 14 and 15; 354.66, subdivisions 1 and 6; 354A.092; 354A.093; 355.391, subdivision 1; 355.392, subdivisions 2 and 3; 356.86, subdivision 2; 356.865, subdivision 2; 363.06, subdivision 4a; 402.01, subdivision 1; 422A.06, subdivision 5; 462A.06, subdivision 11; 462A.07, subdivision 14; 462A.08, subdivision 3; 462A.236; 469.141, subdivision 2; 473.446, subdivision 2; 473.516, subdivision 3; 473.545; 473.639; 480A.06, subdivision 3; 524.3-101; 524.3-108; 524.3-901; 524.3-1204; 525.712; 550.15; 583.285; 624.7132, subdivision 8; 626A.13, subdivision 4; and 629.68; Minnesota Statutes 1995 Supplement, sections 13.99, subdivision 19h; 15.0591, subdivision 2; 15.991, subdivision 1; 16A.6701, subdivision 1; 16B.43, subdivision 1; 16B.748; 41A.066, subdivision 1; 43A.191, subdivision 3; 43A.24, subdivision 2; 47.60, subdivision 4; 62A.307, subdivision 2; 62L.045, subdivision 1; 62M.09, subdivision 5; 72C.03; 79A.31, subdivision 1; 83.26, subdivision 2; 84.9691; 97A.0453; 103B.231, subdivision 3; 103G.301, subdivision 2; 116.07, subdivisions 4 and 4d; 121.703, subdivision 2; 144.057, subdivision 1; 144A.071, subdivision 2; 144A.073, subdivision 8; 144D.06; 148C.03, subdivision 1; 151.37, subdivision 2; 237.16, subdivision 11; 256.737, subdivision 1a; 256D.01, subdivision 1b; 275.065, subdivision 6; 276.04, subdivision 2; 295.50, subdivision 4; 297A.25, subdivision 11; 326.50; 336.9-411; 354.05, subdivision 5; 354.63, subdivision 2; 354A.094, subdivision 4; 354D.01, subdivision 2; 354D.06; 462A.201, subdivision 2; 474.191; 525.6197; 609.101, subdivision 2; 609.485, subdivisions 2 and 4; and 626.557, subdivision 16; Laws 1995, chapters 159, section 1; 202, article 4, section 24; and 212, article 4, section 65; First Special Session chapter 3, article 8, section 25, subdivision 6; repealing Minnesota Statutes 1994, sections 13.99, subdivisions 2 and 39a; 148B.60, subdivision 6; 177.28, subdivision 4; 222.61; 254B.041, subdivision 1; 289A.60, subdivision 9; 349.218; 471.6161, subdivision 7; 473.604, subdivision 7; and 473.704, subdivision 6; Laws 1991,


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6445

chapter 354, article 6, section 7, subdivisions 2 and 3; Laws 1995, chapters 186, sections 38 and 78; 224, sections 117, 118, 119, 120, and 121; 234, article 3, section 3; 247, article 1, section 44; 248, article 10, section 15; and 259, article 3, section 7, subdivision 2.

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

Peterson, Wenzel, Tunheim and Brown introduced:

H. F. No. 2939, A bill for an act relating to emergency management; creating a fund for disaster relief for individuals and families; appropriating money; amending Minnesota Statutes 1994, section 9.061, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299A.

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

Pugh introduced:

H. F. No. 2940, A bill for an act relating to gambling; changing the pull-tab and tipboard tax; amending Minnesota Statutes 1994, sections 297E.02, subdivision 4; and 297E.031, subdivision 2; Minnesota Statutes 1995 Supplement, section 297E.031, subdivision 1.

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

CONSENT CALENDAR

S. F. No. 1846, A bill for an act relating to energy; extending due date for task force report related to electric energy policy; amending Minnesota Statutes 1995 Supplement, section 216C.051, subdivision 5.

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

The question was taken on the passage of the bill and the roll was called. There were 112 yeas and 19 nays as follows:

Those who voted in the affirmative were:

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

Abrams       Frerichs     Koppendrayer Osskopp      Swenson, H.
Broecker     Girard       Kraus        Paulsen      Worke
Commers      Holsten      Krinkie      Pawlenty     Workma
Dempsey      Knight       Mulder       Sviggum      
The bill was passed and its title agreed to.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6446

H. F. No. 1926, A bill for an act relating to occupations; regulating the practice of dental hygiene; amending Minnesota Statutes 1994, sections 150A.05; 150A.06, subdivision 2; and 150A.10, subdivision 1.

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 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 2042 was reported to the House.

Kahn moved that H. F. No. 2042 be placed on General Orders. The motion prevailed.

H. F. No. 2119 was reported to the House.

Boudreau moved that H. F. No. 2119 be re-referred to the Committee on Taxes. The motion prevailed.

MOTION TO FIX TIME TO RECONVENE

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, February 1, 1996. The motion prevailed.

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Dempsey moved that the name of Trimble be added as chief author on H. F. No. 374. The motion prevailed.


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6447

Girard moved that the name of Hugoson be stricken and that his name be shown as chief author on H. F. No. 1057. The motion prevailed.

Pugh moved that the name of Simoneau be stricken and that his name be shown as chief author on H. F. No. 1751. The motion prevailed.

Carlson, L., moved that the name of Kalis be added as an author on H. F. No. 2058. The motion prevailed.

Jennings moved that the names of Davids, McCollum, Van Engen and Johnson, V., be added as authors on H. F. No. 2137. The motion prevailed.

Ozment moved that the name of Marko be added as an author on H. F. No. 2260. The motion prevailed.

Swenson, D., moved that the name of Van Engen be stricken and the name of Olson, M., be added as an author on H. F. No. 2406. The motion prevailed.

Huntley moved that the name of Munger be added as an author on H. F. No. 2420. The motion prevailed.

Lourey moved that the name of Murphy be added as an author on H. F. No. 2617. The motion prevailed.

Mariani moved that the name of Wejcman be added as an author on H. F. No. 2688. The motion prevailed.

Rice moved that the names of Kahn, Brown, Trimble and Sarna be added as authors on H. F. No. 2713. The motion prevailed.

Osskopp moved that the name of Carlson, S., be added as an author on H. F. No. 2733. The motion prevailed.

Weaver moved that the name of Lynch be added as an author on H. F. No. 2761. The motion prevailed.

Hackbarth moved that the name of Johnson, V., be added as chief author on H. F. No. 2771. The motion prevailed.

Johnson, V., moved that the name of Davids be added as an author on H. F. No. 2786. The motion prevailed.

Mares moved that the names of Swenson, D., and Broecker be added as authors on H. F. No. 2791. The motion prevailed.

Dawkins moved that the name of Rest be added as an author on H. F. No. 2793. The motion prevailed.

Dawkins moved that the name of Pawlenty be added as an author on H. F. No. 2801. The motion prevailed.

Garcia moved that the name of Lieder be added as an author on H. F. No. 2839. The motion prevailed.

Boudreau moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, January 29, 1996, when the vote was taken on the final passage of H. F. No. 2150." The motion prevailed.

Wolf moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Monday, January 29, 1996, when the vote was taken on the final passage of H. F. No. 2330." The motion prevailed.

ADJOURNMENT

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, February 1, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives


JOURNAL OF THE HOUSE - 71st Day - Top of Page 6448


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