The Honorable Allan H. Spear

President of the Senate

The State of Minnesota

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear President Spear and Speaker Carruthers:

I respectfully request the opportunity of addressing a joint meeting of the 80th Session of the Minnesota State Legislature on Wednesday, February 4, 1998 at 12:00 Noon for the purpose of presenting my State of the State message.

Thank you.

Warmest regards,

Arne H. Carlson

Governor

Winter moved that the House accede to the request of the Governor for a Joint Convention to hear the State of the State message of the Governor at 12:00 noon, Wednesday, February 4. 1998; that the Chief Clerk be instructed to invite the Senate to meet in Joint Convention at 11:45 a.m. and advise the Governor regarding the Joint Convention; and that the Speaker appoint a committee of five members of the House to act with a similar committee to be appointed by the Senate to escort the Governor to the Joint Convention. The motion prevailed.

Skoglund from the Committee on Judiciary to which was referred:

Sec. 2. [504A.101] [PERSON IN POSSESSION LIABLE FOR RENT; EVIDENCE.]

Every person in possession of land out of which any rent is due, whether it was originally demised in fee, or for any other estate of freehold or for any term of years, shall be liable for the amount or proportion of rent due from the land in possession, although it be only a part of the land originally demised. Such rent may be recovered in a civil action, and the deed, demise, or other instrument showing the provisions of the lease may be used in evidence by either party to prove the amount due from the defendant. Nothing herein contained shall deprive landlords of any other legal remedy for the recovery of rent, whether secured to them by their leases or provided by law. [504.04]

Sec. 3. [504A.111] [WRITTEN LEASE REQUIRED; PENALTY.]

A landlord of a residential building with 12 or more residential units must have a written lease for each unit rented to a residential tenant. Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask for the tenant's full name and date of birth on the lease and application. A landlord who fails to provide a lease, as required under this section, is guilty of a petty misdemeanor. [504.012]

Sec. 4. [504A.115] [TENANT TO BE GIVEN COPY OF LEASE.]

Subdivision 1. [COPY OF WRITTEN LEASE TO TENANT.] Where there is a written lease, a landlord must give a copy to each tenant occupying a dwelling unit whose signature appears on the lease agreement. The landlord may obtain a signed and dated receipt, either as a separate document or an acknowledgment included in the lease agreement itself, from the tenant acknowledging that the tenant has received a copy of the lease. This signed receipt or acknowledgment is prima facie evidence that the tenant has received a copy of the lease. [504.015]

Sec. 5. [504A.121] [URBAN REAL ESTATE; HOLDING OVER.]

When a renter of urban real estate holds over and retains possession after expiration of the lease without the landlord's express agreement, no tenancy for any period other than the shortest interval between the times of payment of rent under the terms of the expired lease shall be implied. [504.07]

Sec. 6. [504A.125] [HABITABILITY COVENANTS OF LANDLORD.]

Subdivision 1. [REQUIREMENTS.] (a) A landlord covenants that:

(1) the property and all common areas are fit for the use intended by the landlord and residential tenant;

(2) the property is kept in reasonable repair during the term of the lease, except when disrepair has been caused by the willful, malicious, or irresponsible conduct of the residential tenant or a person under the direction or control of the residential tenant; and

(3) the property is maintained in compliance with the applicable health and safety laws of:

(i) the state, including the weatherstripping, caulking, storm window, and storm door energy efficiency standards for renter-occupied residences prescribed by section 216C.27, subdivisions 1 and 3; and

(ii) the local units of government where the property is located:

except that items (i) and (ii) do not apply when violation of the health and safety laws has been caused by the willful, malicious, or irresponsible conduct of the residential tenant or a person under the direction or control of the residential tenant.

(b) The landlord may agree with the residential tenant that the residential tenant is to perform specified repairs or maintenance, but only if the agreement is supported by adequate consideration and is in conspicuous writing.

(c) The requirements in paragraph (a) are in addition to any other requirements imposed by law, ordinance, or by the terms of the lease.

(d) Nothing in this subdivision may be construed to alter the liability of the landlord for injury to third parties. [504.18, subds. 1, 2, 4, 5]

Subd. 2. [WAIVER NOT ALLOWED.] The landlord and residential tenant may not waive or modify the requirements of subdivision 1, paragraph (a), under any circumstances including, but not limited to:

(1) by agreement; or

(2) by permitting the residential tenant to inspect the property before entering into a lease. [504.18, subds. 2 and 3]

Subd. 3. [APPLICABILITY.] (a) This section applies only to leases concluded or renewed on or after June 15, 1971.

(b) For the purposes of this section, tenancies at will are considered renewed at the beginning of each rental period. [504.18, subd. 6]

Subd. 4. [LIBERAL CONSTRUCTION.] This section shall be liberally construed. [504.18, subd. 3]

Sec. 7. [504A.131] [SINGLE-METER UTILITY SERVICE PAYMENTS.]

(b) In a residential lease entered into or renewed on or after August 1, 1995, the owner of a single-metered residential building shall be the bill payer responsible, and shall be the customer of record contracting with the utility for utility services. The owner must advise the utility provider that the utility services apply to a single-metered residential building. A failure by the owner to comply with this section is a violation of sections 6, subdivision 1, paragraph (a), clause (1), and 30. This section may not be waived by contract or otherwise. This section does not require an owner to contract and pay for utility service provided to each residential unit through a separate meter which accurately measures that unit's use only. [504.185, subds. 1 and 1a]

Sec. 8. [504A.135] [EMERGENCY CONDITIONS; LOSS OF ESSENTIAL SERVICES.]

Subdivision 1. [PROCEDURE.] (a) A residential tenant or group of residential tenants may pay to have home heating oil, propane, natural gas, electricity, or water service continued or reconnected as provided in this section if the municipality, utility company, or other company supplying the service to the residential building has issued a final notice, has posted the building proposing to disconnect, or has discontinued the service because a landlord:

(1) who has contracted for the service has failed to pay for it; or

(2) is required by law or contract to pay for the service and fails to do so.

(b) Before paying for the service, the residential tenant or group of tenants must give oral or written notice to the landlord of their intention to pay after 48 hours, or a shorter period that is reasonable under the circumstances, if the landlord has not already paid for the service. In the case of oral notice, written notice must be mailed or delivered to the landlord within 24 hours after oral notice is given.

(c) When the affected service is natural gas, electricity, or water, if the landlord has not yet paid the bill by the time of the residential tenant's intended payment, or if the service remains discontinued, the residential tenant or group of tenants may pay the outstanding bill for the most recent billing period, if the utility company or municipality will restore the service for at least one billing period.

(d) When the affected service is home heating oil or propane, if the landlord has not yet paid the bill by the time of the residential tenant's intended payment, or if the service remains discontinued, the residential tenant or group of tenants may order and pay for one month's supply of the proper grade and quality of oil or propane.

(e) After submitting receipts for the payment to the landlord, a residential tenant may deduct the amount of the tenant's payment from the next rental payment. Amounts paid to the municipality, utility company, or other company by a residential tenant under this subdivision are considered payment of rent to the landlord for purposes of section 19. [504.185, subd. 2]

Subd. 2. [LIMITATIONS; WAIVER NOT ALLOWED; RIGHTS ARE ADDITIONAL.] The residential tenant rights under this section:

(1) do not extend to conditions caused by the willful, malicious, or negligent conduct of the residential tenant or of a person under the tenant's direction or control;

(2) may not be waived or modified; and

(3) are in addition to and do not limit other rights that may be available to the residential tenant in law or equity, including the right to damages and the right to restoration of possession of the property under section 19. [504.185, subd. 3]

Sec. 9. [504A.141] [TENANT'S RIGHT TO PRIVACY.]

Subd. 2. [REASONABLE PURPOSE.] For purposes of subdivision 1, a reasonable business purpose includes, but is not limited to:

(1) showing the unit to prospective tenants during the notice period before the lease terminates or after the current tenant has given notice to move to the owner or owner's agent;

(2) showing the unit to a prospective buyer or to an insurance representative;

(3) performing maintenance work;

(4) allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes;

(5) the tenant is causing a disturbance within the unit;

(6) the landlord has a reasonable belief that the tenant is violating the lease within the tenant's unit;

(7) prearranged housekeeping work in senior housing where 80 percent or more of the tenants are age 55 or older;

(8) the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or

(9) the tenant has vacated the unit. [504.183, subd. 3]

Subd. 3. [EXCEPTION TO NOTICE REQUIREMENT.] Notwithstanding subdivision 1, a landlord may enter the premises rented by a tenant to inspect or take appropriate action without prior notice to the tenant if the landlord reasonably suspects that:

(1) immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement;

(2) immediate entry is necessary to determine a tenant's safety; or

(3) immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the tenant's premises. [504.183, subd. 4]

Subd. 4. [ENTRY WITHOUT TENANT'S PRESENCE.] If the landlord enters when the tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing a written disclosure of the entry in a conspicuous place in the premises. [504.183, subd. 5]

Subd. 5. [PENALTY.] If a landlord substantially violates subdivision 1, the tenant is entitled to a penalty which may include a rent reduction up to full rescission of the lease, recovery of any damage deposit less any amount retained under section 27, and up to a $100 civil penalty for each violation. If a landlord violates subdivision 4, the tenant is entitled to up to a $100 civil penalty for each violation. A tenant shall follow the procedures in sections 53 to 69 to enforce the provisions of this section. [504.183, subd. 6]

Subd. 6. [EXEMPTION.] This section does not apply to tenants and landlords of manufactured home parks as defined in section 327C.01. [504.183, subd. 7]

Sec. 10. [504A.145] [RESTRICTION ON LEASE TERMS FOR BUILDINGS IN FINANCIAL DISTRESS.]

Once a landlord has received notice of a contract for deed cancellation under section 559.21 or notice of a mortgage foreclosure sale under chapter 580 or 582, the landlord may enter into a periodic lease agreement with a term of two months or less or a fixed term tenancy not extending beyond the cancellation period or the landlord's period of redemption until:

(1) the contract for deed has been reinstated or paid in full;

(3) the mortgage has been satisfied;

(4) the property has been redeemed from a foreclosure sale; or

(5) a receiver has been appointed.

This section does not apply to a manufactured home park as defined in section 327C.01, subdivision 5. [504.201]

Sec. 11. [504A.151] [RESTRICTION ON AUTOMATIC RENEWAL OF LEASE.]

(a) In a residential lease, a landlord may not enforce an automatic renewal clause of a lease of an original term of two months or more that renews the lease for a specified additional period of two months or more unless the residential tenant gives notice to the landlord of an intention to quit the property at the expiration of the term due to expire.

(b) Paragraph (a) does not apply if the landlord gives the residential tenant written notice directing the residential tenant's attention to the automatic renewal provision of the lease. The notice must be given between 15 and 30 days prior to the time that the residential tenant is required to furnish notice of an intention to quit and must be served personally or by certified mail. [504.21]

Sec. 12. [504A.155] [DISCLOSURE BY LANDLORD TO RESIDENTIAL TENANT; ATTORNEY GENERAL'S STATEMENT.]

Subdivision 1. [DISCLOSURE.] Before a tenancy begins, a landlord must inform a residential tenant either in the lease or otherwise in writing the name and address of:

(1) the person authorized to manage the property; and

(2) the landlord or an agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands. [504.22, subd. 2]

Subd. 2. [POSTING NOTICE.] (a) A printed or typewritten notice containing the information that must be disclosed under subdivision 1 must be placed in a conspicuous place on the property.

(b) Unless the landlord is required to post a notice by section 471.9995, the landlord shall also place a notice in a conspicuous place on the property that states that a copy of the statement required by subdivision 4 is available from the attorney general to any residential tenant upon request. This subdivision is complied with if notices posted in compliance with other statutes or ordinances contain the information required by this section. [504.22, subd. 3]

Subd. 3. [AGENT WHERE LANDLORD'S ADDRESS IS NOT KNOWN.] If subdivisions 1 and 2, paragraph (a), have not been complied with and a person wants to serve process on or give a notice or demand to the landlord, but does not know the name and address of the landlord or the landlord's agent, then a caretaker or manager of the property or an individual to whom residential tenants make rental payments is the authorized agent. If this agent receives service of process or receipt of a notice or demand, the agent shall give the process, notice, or demand, or a copy of it, to the landlord personally or send it by certified mail, return receipt requested, to the landlord at the landlord's last known address. [504.22, subd. 4]

Subd. 4. [ATTORNEY GENERAL'S STATEMENT.] (a) The attorney general shall prepare and make available to the public a statement that:

(1) summarizes the significant legal rights and obligations of landlords and residential tenants;

(2) includes descriptions of the significant provisions of this chapter;

(3) notifies residential tenants in public housing to consult their leases for additional rights and obligations they may have under federal law; and

(b) The attorney general shall annually revise the statement in paragraph (a) as necessary to ensure that it continues accurately to describe the statutory and case law governing the rights and duties of landlords and residential tenants. After each annual revision of the statement, the attorney general shall hold a public meeting to discuss the statement and receive comments on its contents before it is issued. When preparing the statement and evaluating public comment, the attorney general shall be guided by the legislature's intent that the statement be brief, accurate, and complete in identifying significant legal rights and obligations, and written using words with common, everyday meanings.

(c) For the purposes of this subdivision, "residential tenants" does not include residents of manufactured home parks as defined in section 327C.01, subdivision 9. [504.22, subds. 1 and 4a]

Subd. 5. [ACTION MAY NOT BE BROUGHT WITHOUT DISCLOSURE.] (a) Except as provided in paragraph (b), an action to recover rent or for eviction may not be brought unless the information required by this section:

(1) has been disclosed to the residential tenant as provided in this section; or

(2) is known by or has been disclosed to the residential tenant at least 30 days before the initiation of the action.

(b) Failure by the landlord to post a notice required by subdivision 2 or section 471.9995 shall not prevent an action to recover rent or for eviction. [504.22, subd. 5]

Subd. 6. [FAILURE TO NOTIFY LANDLORD.] A residential tenant who moves from or subleases the property without giving the landlord at least 30 days' written notice voids this section and section 72, as to the tenant. [504.22, subd. 6]

Subd. 7. [APPLICABILITY.] This section extends to and is enforceable against a successor landlord, caretaker, manager, or individual to whom rental payments are made. [504.22, subd. 7]

Sec. 13. [504A.161] [DISCLOSURE REQUIRED FOR OUTSTANDING INSPECTION AND CONDEMNATION ORDERS.]

Subdivision 1. [DISCLOSURE TO TENANT.] (a) Except as provided in subdivision 3, a landlord shall provide a copy of all outstanding inspection orders for which a citation has been issued, pertaining to a rental unit or common area, specifying code violations issued under section 53, that the inspector identifies as requiring notice because the violations threaten the health or safety of the tenant, and all outstanding condemnation orders and declarations that the premises are unfit for human habitation to:

(1) a residential tenant, either by delivery or by United States mail, postage prepaid, within 72 hours after issuance of the citation;

(2) a person before signing a lease or paying rent or a security deposit to begin a new tenancy; and

(3) a person prior to obtaining new ownership of the property subject to the order or declaration.

The inspector shall indicate on the inspection order whether the violation threatens the health or safety of a tenant or prospective tenant.

(b) If an inspection order, for which a citation has been issued, does not involve code violations that threaten the health or safety of the tenants, the landlord shall post a summary of the inspection order in a conspicuous place in each building affected by the inspection order, along with a notice that the inspection order will be made available by the landlord for review, upon a request of a tenant or prospective tenant. The landlord shall provide a copy of the inspection order for review by a tenant or a prospective tenant as required under this subdivision. [504.246, subd. 1]

Subd. 3. [EXCEPTION.] A landlord is not in violation of this section if:

(1) the landlord has received only an initial order to repair;

(2) the time allowed to complete the repairs, including any extension of the deadline, has not yet expired, or less than 60 days has elapsed since the expiration date of repair orders and any extension or no citation has been issued; or

(3) the landlord completes the repairs within the time given to repair, including any extension of the deadline. [504.246, subd. 3]

Subd. 4. [LANDLORD'S DEFENSE.] It is an affirmative defense in an action brought under this section for the landlord to prove that disclosure was made as required under subdivision 1. [504.246, subd. 4]

Sec. 14. [504A.165] [RENTAL OF CONDEMNED RESIDENTIAL PROPERTY; DAMAGES.]

(a) A landlord, an agent, or other person acting under the landlord's direction or control may not accept rent or a security deposit for residential rental property from a residential tenant after the property has been condemned or declared unfit for human habitation by the applicable state or local authority, if the tenancy began after the property was condemned or declared unfit for human habitation.

(b) If the landlord, an agent, or other person acting under the landlord's direction or control violates paragraph (a), the landlord is liable to the residential tenant for actual damages and an amount equal to three times the amount of all money collected from the residential tenant after the date of condemnation or declaration, plus costs and attorney fees. [504.245]

Sec. 15. [504A.171] [RENT LIABILITY; UNINHABITABLE BUILDINGS.]

A renter of a building that is destroyed or becomes uninhabitable or unfit for occupancy through no fault of the renter, is not required to pay rent or a penalty to the landlord unless a written agreement expressly provides otherwise, and the renter may vacate the property. [504.05]

Sec. 16. [504A.175] [UNLAWFUL DESTRUCTION; DAMAGES.]

An action may be brought for willful and malicious destruction of a residential building. The prevailing party may recover actual damages, costs, and reasonable attorney fees, as well as other equitable relief as determined by the court. [504.257]

Sec. 17. [504A.181] [PETS IN SUBSIDIZED HANDICAPPED ACCESSIBLE RENTAL HOUSING UNITS.]

In a multiunit residential building, a residential tenant of a handicapped accessible unit, in which the tenant or the unit receives a subsidy that directly reduces or eliminates the tenant's rent responsibility must be allowed to have two birds or one spayed or neutered dog or one spayed or neutered cat. A tenant under this section may not keep or have visits from an animal that constitutes a threat to the health or safety of other individuals, or causes a noise nuisance or noise disturbance to other tenants. The landlord may require the tenant to pay an additional damage deposit in an amount reasonable to cover damage likely to be caused by the animal. The deposit is refundable at any time the tenant leaves the unit or to the extent it exceeds the amount of damage actually caused by the animal. [504.36]

Sec. 18. [504A.185] [RESIDENTIAL TENANT'S RIGHT TO SEEK POLICE AND EMERGENCY ASSISTANCE.]

Subdivision 1. [DEFINITION.] For the purpose of this section, "domestic abuse" has the meaning given in section 518B.01, subdivision 2. [504.215, subd. 1]

Subd. 2. [EMERGENCY CALLS PERMITTED.] (a) A landlord may not:

(1) bar or limit a residential tenant's right to call for police or emergency assistance in response to domestic abuse or any other conduct; or

(b) A residential tenant may not waive and a landlord may not require the tenant to waive the tenant's right to call for police or emergency assistance. [504.215, subd. 2]

Subd. 3. [LOCAL PREEMPTION.] This section preempts any inconsistent local ordinance or rule including, without limitation, any ordinance or rule that:

(1) requires an eviction after a specified number of calls by a residential tenant for police or emergency assistance in response to domestic abuse or any other conduct; or

(2) provides that calls by a residential tenant for police or emergency assistance in response to domestic abuse or any other conduct may be used to penalize or charge a fee to a landlord.

This subdivision shall not otherwise preempt any local ordinance or rule that penalizes a landlord for, or requires a landlord to abate, conduct on the premises that constitutes a nuisance or other disorderly conduct as defined by local ordinance or rule. [504.215, subd. 3]

Subd. 4. [TENANT RESPONSIBILITY.] This section shall not be construed to condone or permit any breach of a lease or of law by a residential tenant including, but not limited to, disturbing the peace and quiet of other residential tenants, damage to property, and disorderly conduct. [504.215, subd. 4]

Subd. 5. [RESIDENTIAL TENANT REMEDIES.] A residential tenant may bring a civil action for a violation of this section and recover from the landlord $250 or actual damages, whichever is greater, and reasonable attorney's fees. [504.215, subd. 5]

Subd. 6. [ATTORNEY GENERAL AUTHORITY.] The attorney general has authority under section 8.31 to investigate and prosecute violations of this section. [504.216, subd. 5]

Sec. 19. [504A.201] [LANDLORD'S CLAIM FOR RECOVERY OF PROPERTY; RENTER'S RIGHT TO POSSESSION.]

Subdivision 1. [ACTION TO RECOVER.] (a) When a renter is in arrears in payment of rent, a landlord may bring an action to recover possession of the property and such an action is equivalent to a demand for the rent and a reentry upon the property. Unless an action is pending under section 20, subdivision 3, for recovery of the property alleging a material violation of the lease, the renter may, at any time before possession has been delivered, redeem the tenancy and be restored to possession by paying to the landlord the amount of the rent, with interest, that is in arrears, costs of the action, and an attorney fee not to exceed $5, and by performing any other covenants of the lease.

(b) If the renter has paid to the landlord or brought into court the amount of rent in arrears but is unable to pay the interest, costs of the action, and attorney fees required by paragraph (a), the court may permit the renter to pay these amounts into court and be restored to possession within the same period of time, if any, for which the court stays the issuance of the order to vacate under section 42.

(c) Prior to or after commencement of an action to recover possession for nonpayment of rent, the parties may agree only in writing that partial payment of rent in arrears which is accepted by the landlord prior to issuance of the order granting restitution of the premises pursuant to section 42 may be applied to the balance due and does not waive the landlord's action to recover possession of the premises for nonpayment of rent.

Subd. 2. [LEASE GREATER THAN 20 YEARS.] (a) If the lease under which an action is brought under subdivision 1 is for a term of more than 20 years, the action may not begin until the landlord serves a written notice on the renter and on all creditors with legal or equitable recorded liens on the property. The notice must state:

(1) the lease will be canceled unless the amounts, agreements, and legal obligations in default are paid or performed within 30 days, or a longer specified period; and

(2) if the amounts, agreements, and legal obligations are not paid or performed within that period, then the landlord may evict the renter at the expiration of the period.

(b) If the lease provides that the landlord must give more than the 30 days' notice provided in paragraph (a), then notice must be the same as that provided in the lease.

(c) The renter may be restored to possession of the property under the terms of the original lease if, before the expiration of six months after the landlord obtains possession due to the renter's abandonment or surrender of the property or the landlord prevails in the action, the renter or a creditor holding a legal or equitable lien on the property:

(1) pays to the landlord or brings into court the amount of rent then in arrears, with interest and the costs of the action; and

(2) performs the other agreements or legal obligations that are in default. [504.02, subd. 2]

Sec. 20. [504A.205] [TERMINATION OF TENANCY OR OCCUPANCY.]

Subdivision 1. [SALE OF PROPERTY.] (a) A landlord or person entitled to possession may evict an occupant if the occupant refuses to leave the property after:

(1) an execution or judgment sale;

(2) foreclosure of a mortgage and expiration of the time for redemption; or

(3) termination of a contract to convey the mortgage.

(b) If the occupant in paragraph (a), clause (2) or (3), is a renter, the landlord or person entitled to possession must give the renter at least one month's written notice to vacate:

(1) no sooner than one month after the expiration of the time described in paragraph (a), clause (2) or (3), provided that the renter pays the rent and abides by all terms of the lease; or

(2) no later than the date of the expiration of the time described in paragraph (a), clause (2) or (3), provided that the notice states that the landlord or person entitled to possession will hold the renter harmless for breaching the lease by vacating the property if the mortgage is redeemed or the contract is reinstated. [566.03, subd. 1]

Subd. 2. [HOLDING OVER.] A landlord or person entitled to possession may evict an occupant:

(1) if the occupant refuses to leave the property on expiration of a lease or other agreement;

(2) if the occupant violates a condition of the lease or other agreement; or

(3) after rent is due under the terms of a lease or agreement. [566.03, subd. 1.]

Subd. 3. [COMBINING ALLEGATIONS.] (a) An action for eviction may combine the allegation of nonpayment of rent and the allegation of material violation of the lease, which must be heard as alternative grounds.

(c) If the landlord does not prevail in proving material violation of the lease, and the landlord has also alleged that rent is due, the renter shall be permitted to present defenses to the court that the rent is not owing. The renter shall be given up to seven days of additional time to pay any rent determined by the court to be due. The court may order the renter to pay rent and any costs determined to be due directly to the landlord or to be deposited with the court. [566.03, subd. 5]

Subd. 4. [NO EVICTION IF RENTER HOLDS OVER FOR THREE YEARS.] Other than an action in ejectment, a landlord may not bring an action to evict a renter in quiet possession more than three years after termination of a lease. [566.04]

Subd. 5. [DISTRESS FOR RENT.] The remedy of distress for rent is abolished. [504.01]

Sec. 21. [504A.211] [DEFENSES.]

Subdivision 1. [NOTICE TO QUIT.] (a) It is a defense to an action brought under section 20, subdivision 1 or 2, after the landlord has given notice to quit, for a renter to prove by a preponderance of the evidence that the termination by the landlord was intended in whole or in part as a penalty for:

(1) the renter's good faith attempt to secure or enforce rights under an oral or written lease or contract, under the laws of the state or any of its governmental subdivisions, or under the laws of the United States; or

(2) the renter's good faith report to a governmental authority of the landlord's violation of a health, safety, housing or building code or ordinance.

(b) If the notice to quit was served within 90 days of the date of an act that was performed by the renter under paragraph (a), clause (1) or (2), the burden of proving that the notice to quit was not served in whole or in part for a retaliatory purpose is on the landlord. [566.03, subd. 2]

Subd. 2. [NONPAYMENT OF RENT.] It is a defense to an action brought under section 20, subdivision 2, clause (3), for the renter to establish by a preponderance of the evidence that the landlord increased the renter's rent or decreased the services as a penalty in whole or in part for a lawful act of the renter as described in subdivision 1, paragraph (a), clause (1) or (2), providing that the renter pays to the court or to the landlord the amount of rent due and payable under the renter's original lease. [566.03, subd. 3]

Sec. 22. [504A.215] [NONLIMITATION OF RIGHTS OF LANDLORD TO TERMINATE TENANCY.]

Section 21 does not limit the right of a landlord under section 20:

(1) to terminate a tenancy for a violation by the renter of a lawful, material provision of an oral or written lease or contract; or

(2) to hold a tenant liable for damage to the property caused by the renter or a person acting under the tenant's direction or control. [566.03, subd. 4]

Sec. 23. [504A.221] [RENTER MAY NOT DENY TITLE; EXCEPTION.]

A renter in possession of real property under a lawful lease may not deny the landlord's title in an action brought by the landlord to evict. This prohibition does not apply to a renter who, prior to the lease, possesses the property under a claim of title that is adverse or hostile to that of the landlord. [504.03]

Sec. 24. [504A.225] [TERMINATING TENANCY AT WILL.]

Sec. 25. [504A.231] [RENTER MUST GIVE COLD WEATHER NOTICE BEFORE VACATION OF BUILDING; MISDEMEANOR.]

A renter who, between November 15 and April 15, vacates property that contains plumbing, water, steam, or other pipes liable to injury from freezing must give at least three days' notice to the landlord. Failure to do so is a misdemeanor. This penalty does not apply to a lease that expires under its own terms. [504.08]

Sec. 26. [504A.235] [DOCUMENTS TO BE RECORDED.]

Subdivision 1. [NOTICE OF CANCELLATION OR TERMINATION OF LEASE.] The county recorder of the county where a lease is recorded must, upon presentation, record a notice of cancellation or termination of the lease, or a copy of the notice, with proof of service, and the affidavit of the landlord or the landlord's agent or attorney, showing that the renter has not complied with the terms of the notice. This record is prima facie evidence of the facts stated in it. [504.09]

Subd. 2. [EVICTION; RECOVERY OF POSSESSION.] (a) The following documents must be recorded in the office of the county recorder of the county where property is located if it is unregistered, or in the office of the registrar of titles of the county if it is registered:

(1) on eviction of a renter by a landlord, a certified copy of the judgment; or

(2) on recovery of possession by a landlord by abandonment or surrender by the renter, an affidavit by the landlord or the landlord's attorney attesting to that fact.

(b) A recorded certified copy of the judgment or the affidavit is prima facie evidence of the recovery of possession by the landlord. [504.02, subd. 3]

Sec. 27. [504A.241] [SECURITY DEPOSITS; DAMAGES.]

Subdivision 1. [APPLICABILITY.] A deposit that is intended to secure the performance of a residential lease or any part of such a lease is governed by this section. This section does not apply to a deposit that is exclusively an advance payment of rent. [504.20, subd. 1]

Subd. 2. [INTEREST.] (a) A security deposit must be held by a landlord for a residential tenant and must bear simple noncompounded interest at the rate of three percent per year until May 1, 1999, and four percent per year thereafter. Interest must be computed from the first day of the next month following the full payment of the deposit to whichever of the following dates is earlier:

(1) the last day of the month in which the landlord, in good faith, complies with subdivision 3; or

(2) the date on which judgment is entered in a civil action involving the landlord's liability for the deposit.

(b) An interest amount less than $1 is not included in the computation.

(c) A security deposit is not considered a trust fund as defined in section 82.17, subdivision 7.

(d) The reversion of the interest rate to four percent in paragraph (a) is subject to review by the legislature in the 1998 session. [504.20, subd. 2; Laws 1996, ch. 357, sec. 2]

Subd. 3. [RETURN OF SECURITY DEPOSIT.] (a) A landlord shall return the security deposit to the residential tenant, with interest as provided in subdivision 2, or furnish to the residential tenant a written statement showing the specific reason for withholding the deposit or a portion of it within the following periods:

(1) three weeks after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; or

(b) The landlord is considered to have complied with the time requirement of paragraph (a) if the deposit or written statement is placed in the United States mail as first class mail, postage prepaid, in an envelope with a proper return address, correctly addressed according to the mailing address or delivery instructions furnished by the residential tenant, within the time required by paragraph (a). The landlord may withhold from the deposit only amounts reasonably necessary:

(1) to remedy residential tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement; or

(2) to restore the property to its condition at the commencement of the tenancy, ordinary wear and tear excepted.

(c) In an action concerning the deposit, the burden of proving, by a fair preponderance of the evidence, the reason for withholding all or any portion of the deposit is on the landlord. [504.20, subd. 3]

Subd. 4. [TERMINATION OF LANDLORD'S INTEREST.] (a) Upon termination of the landlord's interest in residential property, the landlord or the landlord's agent must take one of the actions described in paragraph (b) either within 60 days of termination of the interest or when the successor in interest is required to return or otherwise account for the deposit to the residential tenant, whichever occurs first. Either action relieves the landlord or successor in interest from further liability with respect to the deposit. Termination of the landlord's interest in the property may occur by sale, assignment, death, appointment of receiver, or otherwise.

(b) The landlord must:

(1) transfer the deposit, or any remainder after lawful deductions made under subdivision 3, plus interest as provided in subdivision 2, to the landlord's successor in interest and notify the residential tenant of the transfer and of the name and address of the successor in interest; or

(2) return the deposit, or any remainder after lawful deductions made under subdivision 3, plus interest as provided in subdivision 2, to the residential tenant.

(c) Upon termination of the landlord's interest in the property, the landlord's successor in interest has all of the rights and obligations of the landlord with respect to the deposit except that if the residential tenant does not object to the stated amount within 20 days after written notice of the amount of deposit being transferred or assumed, the obligation of the landlord's successor to return the deposit is limited to the amount contained in the notice. The notice must contain a stamped envelope addressed to the landlord's successor and may be given by mail or by personal service. [504.20, subds. 5 and 6]

Subd. 5. [DAMAGES; PENALTY.] (a) A landlord who fails to comply with subdivision 3 or 4, paragraph (a) or (b), is liable to the residential tenant for damages that are double the amount of the deposit withheld by the landlord plus interest as provided in subdivision 2.

(b) A landlord who in bad faith retains any portion of a deposit or interest in violation of this section is liable for punitive damages not to exceed $200 for each deposit in addition to the damages provided in paragraph (a). If the landlord has failed to comply with subdivision 3 or 4, retention of a deposit is presumed to be in bad faith unless the landlord returns the deposit within two weeks after the beginning of an action for recovery of the deposit. [504.20, subds. 4 and 7]

Subd. 6. [WITHHOLDING RENT TO RECOVER DEPOSIT.] (a) A residential tenant may not withhold payment of all or any portion of rent for the last payment period of a residential lease on the grounds that the deposit should serve as payment for the rent. This prohibition does not apply to an oral or written month-to-month lease where neither the renter nor the landlord has served a notice to quit.

(c) A residential tenant who remains in violation of this subdivision after written demand and notice of this subdivision is liable to the landlord for damages in an amount equal to:

(1) the portion of the deposit that the landlord is entitled to withhold under subdivision 3, other than to remedy the residential tenant's default in the payment of rent under subdivision 3, paragraph (b), clause (1), plus interest on the deposit as provided in subdivision 2, as a penalty; and

(2) the amount of rent withheld by the residential tenant in violation of this subdivision. [504.20, subd. 7a]

Subd. 7. [WHERE TO BRING ACTION TO RECOVER DEPOSIT.] An action, including an action in conciliation court, for the recovery of a deposit on rental property may be brought in the county where the rental property is located, or at the option of the residential tenant, in the county of the landlord's residence. [504.20, subd. 7b]

Subd. 8. [WAIVER NOT ALLOWED.] Any attempted waiver of this section by a landlord and residential tenant, by contract or otherwise, is void and unenforceable. [504.20, subd. 8]

Subd. 9. [APPLICABILITY.] (a) This section applies only to tenancies beginning or renewed on or after July 1, 1973.

(b) For the purposes of this section, tenancies at will are considered to be renewed at the beginning of each rental period. [504.20, subd. 9]

Sec. 28. [504A.245] [ABANDONMENT OF PERSONAL PROPERTY BY RESIDENTIAL TENANT.]

Subdivision 1. [DUTY OF LANDLORD.] (a) If a residential tenant abandons real property, the landlord may take possession of the tenant's personal property remaining on the property and shall store and care for the property. The landlord has a claim against the tenant for reasonable costs and expenses incurred in removing, storing, and caring for the property.

(b) The landlord may sell or otherwise dispose of the property 60 days after receiving actual notice of the abandonment of the real property or 60 days after it reasonably appears to the landlord that the residential tenant has abandoned the real property, whichever occurs last. The landlord may apply a reasonable amount of the proceeds of the sale to the removal, care, and storage costs and expenses or to any claims authorized pursuant to section 27, subdivision 3, paragraphs (a) and (b). Any remaining proceeds of the sale must be paid to the tenant upon written demand.

(c) The landlord shall make reasonable efforts to notify the residential tenant of the sale at least 14 days prior to the sale by:

(1) personal service in writing or by sending written notification of the sale by certified mail, return receipt requested, to the residential tenant's last known address or usual place of abode, if known by the landlord; and

(2) posting notice of the sale in a conspicuous place on the property for at least two weeks. [504.24, subd. 1]

Subd. 2. [LANDLORD'S LIABILITY FOR DAMAGES ON FAILURE TO RETURN PROPERTY.] (a) The landlord, an agent, or other person acting under the landlord's direction or control, who is in possession of a residential tenant's personal property, must allow the residential tenant to retake possession of the property after written demand by the residential tenant or authorized representative:

(1) within 24 hours; or

(2) within 48 hours, exclusive of weekends and holidays, if the landlord, an agent, or other person acting under the landlord's direction or control has removed and stored the personal property in accordance with subdivision 1 in a location other than the rental property.

(b) Except as specified in paragraph (c), if the landlord fails to comply with paragraph (a), the residential tenant shall recover punitive damages from the landlord not to exceed $300 in addition to actual damages and reasonable attorney fees. In determining the amount of punitive damages, the court shall consider:

(2) the effect the deprivation of the property has had on the residential tenant;

(3) if the landlord, an agent, or other person acting under the landlord's direction or control unlawfully took possession of the residential tenant's property; and

(4) if the landlord, an agent, or other person acting under the landlord's direction or control acted in bad faith in failing to allow the residential tenant to retake possession of the property.

(c) Paragraph (b) does not apply to landlords who are housing authorities created or authorized to be created by sections 469.001 to 469.047, their agents, and employees.

(d) This subdivision does not apply to personal property that has been sold or otherwise disposed of by the landlord in accordance with subdivision 1. [504.24, subd. 2]

Subd. 3. [LANDLORD'S LIABILITY FOR STORAGE EXPENSES.] If the landlord, an agent, or other person acting under the landlord's direction or control has unlawfully taken possession of a residential tenant's personal property, the landlord is responsible for paying the costs and expenses relating to the removal, storage, or care of the property. [504.24, subd. 3]

Sec. 29. [504A.251] [UNLAWFUL REMOVAL OR EXCLUSION.]

(a) A landlord, an agent, or other person acting under the landlord's direction or control is guilty of a misdemeanor if that person:

(1) unlawfully and intentionally removes or excludes a residential tenant; or

(2) intentionally interrupts or causes the interruption of electrical, heat, gas, or water services to a residential tenant with intent to unlawfully remove or exclude the tenant from the tenant's property.

(b) In a trial under this subdivision, it is presumed that the intent requirement of paragraph (a), clause (2), has been met if evidence establishes that the landlord, an agent, or other person acting under the landlord's direction or control, intentionally interrupted or caused the interruption of the service to the residential tenant. The burden is on the landlord to rebut the presumption.

(c) If a landlord, agent, or other person acting under the landlord's direction or control, unlawfully and in bad faith, removes, excludes, or forcibly keeps out a residential tenant from residential premises, the tenant may recover from the landlord treble damages or $500, whichever is greater, and reasonable attorney's fees. [504.25; 504.255]

Sec. 30. [504A.253] [UNLAWFUL INTERRUPTION OR TERMINATION OF UTILITIES.]

(a) A residential tenant may recover from a landlord treble damages or $500, whichever is greater, and reasonable attorney fees, if the landlord, an agent, or other person acting under the landlord's direction or control interrupts or causes the interruption of electricity, heat, gas, or water services to the residential tenant.

(b) It is a defense to an action brought under paragraph (a) that the interruption was the result of the deliberate or negligent act or omission of a residential tenant or other person acting under the direction or control of the residential tenant.

(c) A residential tenant may recover only actual damages under paragraph (a) if:

(1) the residential tenant has not given the landlord, an agent, or other person acting under the landlord's direction or control, notice of the interruption;

(2) after receiving notice of the interruption from the tenant, the landlord, an agent, or other person acting under the landlord's direction or control, has reinstated or made a good faith effort to reinstate the service, or has taken other remedial action within a reasonable period of time after the interruption, taking into account:

(ii) the effect of the interrupted service on the health, welfare, and safety of the tenants; or

(3) the interruption was for the purpose of repairing or correcting faulty or defective equipment or protecting the health and safety of the residential tenants and the landlord, an agent, or other person acting under the landlord's direction or control, has reinstated or made a good faith effort to reinstate the service, or has taken other remedial action, taking into account:

(i) the nature of the defect;

(ii) the nature of the service interrupted; and

(iii) the effect of the interrupted service on the health, welfare, and safety of the tenants. [504.255; 504.26]

Sec. 31. [504A.255] [RESTRICTION ON EVICTION DUE TO FAMILIAL STATUS.]

(a) A residential tenant may not be evicted or denied continuing tenancy or lease renewal on the basis of familial status as defined in section 363.01, subdivision 19, if the status began during the tenancy unless:

(1) one year has elapsed from the beginning of the familial status; and

(2) the landlord has given the tenant six months' prior notice in writing.

(b) Paragraph (a) does not apply in the case of nonpayment of rent, damage to the property, disturbance of other tenants, or other breach of a lease. [504.265, subds. 1 and 2]

Sec. 32. [504A.261] [REMEDIES ARE ADDITIONAL.]

The remedies in sections 28 to 31 are in addition to and do not limit other rights or remedies available to landlords and residential tenants. An oral or written provision of a lease or other agreement, in which a provision of sections 28 to 31 is waived by a residential tenant, is contrary to public policy and void. Sections 28 to 31 also apply to occupants and owners of residential real property that is the subject of a mortgage foreclosure or contract for deed cancellation and for which the period for redemption or reinstatement of the contract has expired. [504.27]

Sec. 33. [504A.265] [TERMINATION OF LEASE UPON DEATH OF RESIDENTIAL TENANT.]

Subdivision 1. [TERMINATION OF LEASE.] (a) A party to a lease of residential property other than a tenancy at will, may terminate the lease prior to its expiration date on the death of the residential tenant or, if there is more than one tenant, upon the death of all tenants.

(b) At least two months' written notice must be given by the landlord or the personal representative of the residential tenant's estate, effective on the last day of a calendar month, and hand delivered or mailed by postage prepaid, first class United States mail, to the address of the other party. The landlord may comply with the notice requirement by delivering or mailing the notice to the property formerly occupied by the residential tenant.

(c) The termination of a lease under this subdivision does not relieve the residential tenant's estate from liability for payment of rent or other money owed before or during the notice period, or for the payment of money necessary to restore the property to its condition at the beginning of the tenancy, ordinary wear and tear excepted. [504.28, subds. 1 and 2]

Subd. 2. [WAIVER NOT ALLOWED.] (a) The following modifications of subdivision 1 are void and unenforceable:

(1) a waiver by a landlord and residential tenant or tenant's personal representative, by contract or otherwise, of the right of termination; and

(2) a lease provision or agreement requiring a longer notice period.

Subd. 3. [APPLICABILITY.] This section applies to leases entered into or renewed after May 12, 1981. [504.28, subd. 4]

Sec. 34. [504A.271] [TERMINATION NOTICE FOR FEDERALLY SUBSIDIZED HOUSING.]

A landlord of federally subsidized rental housing must give residential tenants a one-year written notice under the following conditions:

(1) a federal section 8 contract will expire;

(2) the landlord will exercise the option to terminate or not renew a federal section 8 contract and mortgage;

(3) the landlord will prepay a mortgage and the prepayment will result in the termination of any federal use restrictions that apply to the housing; or

(4) the landlord will terminate a housing subsidy program.

The notice must be provided at the beginning of the lease if it begins less than one year before any of the conditions in clauses (1) to (4) apply. [504.32]

Sec. 35. [504A.275] [UNLAWFUL OCCUPATION OR POSSESSION.]

No person may occupy or take possession of real property except where occupancy or possession is allowed by law, and in such cases, the person may not enter by force, but only in a peaceable manner. [566.01]

Sec. 36. [504A.290] [WHEN PERMITTED.]

A person may be evicted, removed, or excluded from real property as described in sections 20, 35, 76, or 77 or when a person unlawfully occupies or takes possession of real property or unlawfully retains possession of real property. [566.02]

Sec. 37. [504A.301] [SCOPE; COMPLAINT AND SUMMONS.]

Subdivision 1. [SCOPE.] Sections 37 to 51 govern eviction proceedings.

Subd. 2. [COMPLAINT AND SUMMONS.] (a) To bring an action for eviction, a landlord or person entitled to possession must file a complaint with the court, stating the full name and date of birth of the person against whom the complaint is made, unless it is not known, describing the property, stating the facts that authorize the action, and asking that the occupant be evicted. The lack of the full name and date of birth of the occupant does not deprive the court of jurisdiction or make the complaint invalid.

(b) The court shall issue a summons, ordering the occupant to appear before the court on a day and at a place stated in the summons.

(c) The appearance must be ordered within seven to 14 days from the day of issuing the summons, except as provided by paragraph (d).

shown. If the court determines that the person seeking an expedited hearing did so without sufficient basis under the requirements of this paragraph, the court shall impose a civil penalty of up to $500 for abuse of the expedited hearing process.

(e) A copy of the complaint must be attached to the summons, which must state that the copy is attached and that the original has been filed. [566.05]

Sec. 38. [504A.305] [EXPEDITED PROCEEDINGS.]

A landlord may request expedited temporary relief by bringing an action under section 609.748 or filing a petition for a temporary restraining order, in conjunction with a complaint filed under section 37. [566.051]

Sec. 39. [504A.311] [SUMMONS; HOW SERVED.]

(a) The summons must be served at least seven days before the date of the court appearance specified in section 37, subdivision 2, paragraph (b), in the manner provided for service of a summons in a civil action in district court. It may be served by any person not named a party to the action.

(b) If the defendant cannot be found in the county, the summons may be served at least seven days before the date of the court appearance by:

(1) leaving a copy at the defendant's last usual place of abode with a family member or a person of suitable age and discretion residing there; or

(2) if the defendant had no place of abode, by leaving a copy at the property described in the complaint with a person of suitable age and discretion residing there.

(c) Failure of the sheriff or constable to serve the defendant is prima facie proof that the defendant cannot be found in the county.

(d) Where the defendant cannot be found in the county, service of the summons may be made upon the defendant by posting the summons in a conspicuous place on the property for not less than one week if:

(1)(i) the property described in the complaint is nonresidential and no person actually occupies the property; or

(ii) the property described in the complaint is residential and service has been attempted at least twice on different days, with at least one of the attempts having been made between the hours of 6:00 and 10:00 p.m.; and

(2) the plaintiff or the plaintiff's attorney has filed an affidavit stating that:

(i) the defendant cannot be found or that the person filing the affidavit or that person's attorney believes that the defendant is not in the state; and

(ii) a copy of the summons has been mailed to the defendant at the defendant's last known address if any is known to the plaintiff.

(e) If the defendant or the defendant's attorney does not appear in court on the date of the appearance, the trial shall proceed. [566.06]

Sec. 40. [504A.315] [ANSWER; TRIAL.]

(a) At the court appearance specified in the summons, the renter may answer the complaint, and the court shall hear and determine the action, unless it adjourns the trial as provided in section 41.

(c) The proceedings in the action are the same as in other civil actions, except as provided in sections 37 to 51.

(d) The court, in scheduling appearances and hearings under this section, shall give priority to any unlawful detainer brought under section 76, or on the basis that the renter is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property. [566.07]

Sec. 41. [504A.321] [ADJOURNMENT.]

(a) In all actions brought under sections 37 to 51, the court, in its discretion, may adjourn the trial for no more than six days unless all parties consent to a longer adjournment.

(b) In all actions brought under sections 37 to 51, other than actions on a written lease signed by both parties, the court shall adjourn the trial as necessary but for no more than three months if the defendant or the defendant's agent or attorney:

(1) swears that the defendant cannot proceed to trial because a material witness is not present;

(2) names the witness;

(3) swears that the defendant has made due exertion to obtain the witness;

(4) states the belief that if the adjournment is allowed the defendant will be able to procure the attendance of the witness at the trial or to obtain the witness' deposition; and

(5) gives a bond that the landlord will be paid all rent that accrues during the pendency of the action and all costs and damages that accrue due to the adjournment. [566.08]

Sec. 42. [504A.325] [ORDER TO VACATE; FINE; EXECUTION.]

Subdivision 1. [GENERAL.] (a) If the court or jury finds for the plaintiff, the court shall immediately enter judgment and execute an order that the defendant must vacate the property and that costs are assessed against the defendant. The court shall stay the order to vacate for a reasonable period, but not more than seven days, if the defendant shows that immediate vacation of the property would be a substantial hardship on the defendant or the defendant's family, except that this provision does not apply to actions brought:

(1) under section 77 as required by section 609.5317, subdivision 1;

(2) under section 76; or

(3) on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property.

(b) If the court or jury finds for the defendant, the court shall enter judgment for the defendant assessing costs against the plaintiff and issue a writ of execution for the costs.

(c) The court shall give priority in issuing an order to vacate the property in an eviction action brought under section 76 or on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property. [566.09, subd. 1]

Subd. 2. [EXPEDITED WRIT.] If the court enters judgment for the landlord in an action brought under section 77 as required by section 609.5317, subdivision 1, the court may not stay issuance of the order to vacate unless the court makes written findings specifying extraordinary and exigent circumstances. On issuing those findings, the court may stay the order for a reasonable period but not more than seven days. [566.09, subd. 2]

Sec. 43. [504A.331] [FAILURE OF JURY TO REACH A VERDICT.]

Sec. 44. [504A.335] [ORDER TO VACATE; EFFECT OF APPEAL.]

(a) If the defendant or the defendant's attorney against whom an order to vacate is entered informs the court the defendant intends to appeal, the court shall not issue an order to vacate for at least 24 hours after judgment.

(b) Notwithstanding paragraph (a), in an action on a lease against a renter who retains possession after the expiration of the term of the lease, or a termination by a notice to quit, an order to vacate may be issued immediately if the landlord gives a bond that the landlord will pay all costs and damages if, on appeal, the order to vacate is reversed and a new trial is ordered. [566.11]

Sec. 45. [504A.341] [APPEAL; STAY.]

(a) Either party may appeal the judgment within ten days as provided for civil actions in district court except that if the party appealing remains in possession of the property, that party must give bond that:

(1) all costs of the appeal will be paid;

(2) the order on appeal will be observed; and

(3) all rent and other damages will be paid to the party excluded from possession during the pendency of the appeal.

(b) After the appeal is taken, all further proceedings in the case are stayed, except as provided in section 44, paragraph (b). In that case, the appellate court shall issue orders necessary to carry out its judgment. [566.12]

Sec. 46. [504A.345] [APPEAL AFTER ORDER TO VACATE; STAY.]

(a) If an order to vacate has been issued before an appeal is made, the court shall give the appellant a certificate to that effect. When the officer who has the order to vacate is served with the certificate, the officer shall cease all further proceedings under it. If the order has not been completely executed, the renter shall remain in possession of the property until the appeal is decided.

(b) This section does not apply to a renter who retains possession as described in section 44, paragraph (b). [566.13]

Sec. 47. [504A.351] [DISMISSAL OF APPEALS; AMENDMENTS; RETURN.]

In all cases of appeal, the appellate court shall not dismiss proceedings solely because the requirements of sections 37 to 51 have not been met, as long as the proceedings have been conducted substantially in accordance with sections 37 to 51. Amendments may be allowed at any time the court finds justified, as in other civil cases in district court. The appellate court may compel the trial court, by attachment, to make or amend any return which is withheld or improperly or insufficiently made. [566.14]

Sec. 48. [504A.401] [FORM OF VERDICT.]

The verdict of the jury or the finding of the court in favor of the plaintiff in an action under sections 37 to 51 must be substantially in the following form:

At a court held at . . . . . . . . . , on the . . . . . . . . . day of . . . . . . . . . , 19. . . . , before . . . . . . . . . , a judge in and for the county of . . . . . . . . . in an action between . . . . . . . . . , plaintiff, and . . . . . . . . . , defendant, the jury (or, if the action is tried without a jury, the court) finds that the facts alleged in the complaint are true, and the defendant shall vacate the property immediately.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judge of . . . . . . . . . . . . . . . . . . . . . . . . .court.

Sec. 49. [504A.405] [FORMS OF SUMMONS AND ORDER.]

The summons and order to vacate may be substantially in the following forms:

State of Minnesota)

______________ ) ss.

County of . . . . . . . )

Whereas, . . . . . , of . . . . . , has filed with the undersigned, a judge of county stated, a complaint against . . . . . , of . . . . . . . , copy attached: You are hereby summoned to appear before the undersigned on the . . . . . . day of . . . . . . . , 19. . . . , at . . . . . . . . . o'clock . . . . . . . . .m., at . . . . . . . . . , to answer and defend against the complaint and to further be dealt with according to law.

Dated at . . . . . . . . . , this . . . . . . . . . day of . . . . . . . . . , 19. . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

Judge of . . . . . . . . . . . . . . . . . . . . . court.

State of Minnesota)

______________ ) ss.

County of . . . . . . .)

The State of Minnesota, to the Sheriff or Any Constable of the County:

Whereas, . . . . . . . . . , the plaintiff, of . . . . . . . . . , in an action for an order to vacate, at a court held at . . . . . . . . , in the county of . . . . . . . . . . . . . . . . . . . . . , on the . . . . . . . . . day of . . . . . . . . . , 19. . . . . , before . . . . . . . . . , a judge of the county, recovered a judgment against . . . . . . . . . , the defendant, of . . . . . . . . . , to have the following property vacated (describe here the property as in the complaint):

Therefore, you are commanded that, taking with you the force of the county, if necessary, you cause the defendant to be immediately removed from the property, and the plaintiff to recover the property. You are also commanded that from the personal property of the defendant within the county that you seize and sell, the plaintiff be paid . . . . . dollars, as the costs assessed against the defendant, together with 25 cents for this order. You are ordered to return with this order within 30 days.

Dated at . . . . . . . . . , this . . . . . . . . . day of . . . . . . . . . , 19. . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

Judge of . . . . . . . . . . . . . . . . . . . court. [566.16, subd. 1]

Sec. 50. [504A.411] [NOTICE OF PRIORITY ORDER.]

Sec. 51. [504A.415] [EXECUTION OF THE ORDER TO VACATE.]

Subdivision 1. [GENERAL.] (a) The officer who holds the order to vacate shall execute it by demanding that the renter, if found in the county, any adult member of the renter's family who is occupying the property, or any other person in charge, to leave, taking family and all personal property from the property within 24 hours.

(b) If the renter fails to comply with the demand, then the officer shall bring, if necessary, the force of the county and any necessary assistance, at the cost of the landlord. The officer shall remove the renter, family, and all personal property from the property and place the landlord in possession.

(c) If the renter cannot be found in the county, and there is no person in charge of the property, then the officer shall enter the property, breaking in if necessary, and remove and store the personal property of the renter at a place designated by the landlord as provided in subdivision 3.

(d) The order may also be executed by a licensed police officer or community crime prevention licensed police officer. [566.17, subd. 1]

Subd. 2. [PRIORITY; EXECUTION OF PRIORITY ORDER.] An officer shall give priority to the execution, under this section, of any order to vacate that is based on an eviction action under section 76, or on the basis that the renter is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property. [566.17, subd. 1a]

Subd. 3. [REMOVAL AND STORAGE OF PROPERTY.] (a) If the renter's personal property is to be stored in a place other than the property, the officer shall remove all personal property of the renter at the expense of the landlord.

(b) The renter must make immediate payment for all expenses of removing personal property from the property. If the renter fails or refuses to do so, the landlord has a lien on all the personal property for the reasonable costs and expenses incurred in removing, caring for, storing, and transporting it to a suitable storage place.

(c) The landlord may enforce the lien by detaining the personal property until paid. If no payment has been made for 60 days after the execution of the order to vacate, the landlord may hold a public sale as provided in sections 514.18 to 514.22.

(d) If the renter's personal property is to be stored on the property, the officer shall enter the property, breaking in if necessary, and the landlord may remove the renter's personal property. Section 28 applies to personal property removed under this paragraph. The landlord must prepare an inventory and mail a copy of the inventory to the renter's last known address or, if the renter has provided a different address, to the address provided. The inventory must be prepared, signed, and dated in the presence of the officer and must include the following:

(1) a list of the items of personal property and a description of its condition;

(2) the date, the signature of the renter or the renter's agent, and the name and telephone number of a person authorized to release the personal property; and

(3) the name and badge number of the officer.

(e) The officer must retain a copy of the inventory.

(f) The landlord is responsible for the proper removal, storage, and care of the renter's personal property and is liable for damages for loss of or injury to it caused by the landlord's failure to exercise the same care that a reasonably careful person would exercise under similar circumstances.

Subd. 4. [SECOND AND FOURTH JUDICIAL DISTRICTS.] In the second and fourth judicial districts, the housing calendar consolidation project shall retain jurisdiction in matters relating to removal of personal property under this section. If the landlord refuses to return the property after proper demand is made as provided in section 28, the court shall enter an order requiring the landlord to return the property to the renter and awarding reasonable expenses including attorney fees to the renter. [566.17, subd. 2a]

Subd. 5. [PENALTY; WAIVER NOT ALLOWED.] Unless the property has been abandoned, a landlord, an agent, or other person acting under the landlord's direction or control who enters the property and removes the renter's personal property in violation of this section is guilty of an unlawful eviction under section 29, paragraph (c), and is subject to penalty under section 29, paragraph (a). This section may not be waived or modified by lease or other agreement. [566.17, subd. 3]

Sec. 52. [504A.421] [UNLAWFUL EXCLUSION OR REMOVAL; RECOVERY OF POSSESSION.]

Subdivision 1. [UNLAWFUL EXCLUSION OR REMOVAL.] (a) This section applies to actual or constructive removal or exclusion of a residential tenant which may include the termination of utilities or the removal of doors, windows, or locks. A residential tenant to whom this section applies may recover possession of the property as described in paragraphs (b) to (e).

(b) The residential tenant shall present a verified petition to the county or municipal court of the county in which the property is located that:

(1) describes the property and the landlord;

(2) specifically states the facts and grounds that demonstrate that the eviction was unlawful, including a statement that no judgment and order to vacate has been issued under section 42 in favor of the landlord and against the residential tenant and executed in accordance with section 51; and

(3) asks for possession.

(c) If it clearly appears from the specific grounds and facts stated in the verified petition or by separate affidavit of the residential tenant or the residential tenant's attorney or agent that the eviction was unlawful, the court shall immediately order that the residential tenant have possession of the property.

(d) The residential tenant shall furnish security, if any, that the court finds is appropriate under the circumstances for payment of all costs and damages the landlord may sustain if the order is subsequently found to have been obtained wrongfully. In determining the appropriateness of security, the court shall consider the residential tenant's ability to afford monetary security.

(e) The court shall direct the order to the sheriff or any constable of the county in which the property is located and the sheriff or constable shall execute the order immediately by making a demand for possession on the landlord, if found, or the landlord's agent or other person in charge of the property. If the landlord fails to comply with the demand, the officer shall take whatever assistance may be necessary and immediately place the residential tenant in possession of the property. If the landlord, the landlord's agent, or other person in control of the property cannot be found and if there is no person in charge, the officer shall immediately enter into and place the residential tenant in possession of the property. The officer shall also serve the order and verified petition or affidavit immediately upon the landlord or agent, in the same manner as a summons is required to be served in a civil action in district court. [566.175, subd. 1]

Subd. 3. [FINALITY OF ORDER.] An order issued under subdivision 1, paragraph (c), or affirmed, modified, or dissolved under subdivision 2, is a final order for purposes of appeal. Either party may appeal the order may appeal within ten days after entry. If the party appealing remains in possession of the property, bond must be given to:

(1) pay all costs of the appeal;

(2) obey the court's order; and

(3) pay all rent and other damages that justly accrue to the party excluded from possession during the pendency of the appeal. [566.175, subd. 3]

Subd. 4. [WAIVER NOT ALLOWED.] A provision of an oral or written lease or other agreement in which a residential tenant waives this section is contrary to public policy and void. [566.175, subd. 4]

Subd. 5. [PURPOSE.] The purpose of this section is to provide an additional and summary remedy for residential tenants unlawfully evicted from rental property and except where expressly provided in this section, sections 20 to 22 and 39 to 51 do not apply to proceedings under this section. [566.175, subd. 5]

Subd. 6. [APPLICATION.] In addition to residential tenants and landlords, this section applies to:

(1) occupants and owners of residential real property that is the subject of a mortgage foreclosure or contract for deed cancellation for which the period for redemption or reinstatement of the contract has expired; and

(2) mortgagees and contract for deed vendors. [566.175, subd. 6]

Sec. 53. [504A.501] [INSPECTION; NOTICE.]

Subdivision 1. [WHO MAY REQUEST.] On demand by a residential tenant, neighborhood organization with the written permission of a residential tenant or, if a residential building is unoccupied, by a neighborhood organization, an inspection shall be made by the local authority charged with enforcing a code claimed to be violated. [566.19, subd. 1]

Subd. 2. [NOTICE.] (a) After the local authority has inspected the residential building under subdivision 1, the inspector shall inform the landlord or the landlord's agent and the complaining residential tenant or neighborhood organization in writing of any code violations discovered.

(b) A reasonable period of time must be allowed in which to correct the violations. [566.19, subd. 2]

Subd. 3. [WHEN ACTION MAY BE BROUGHT.] (a) After an inspection has been made, an action may not be brought under sections 53 to 69 until the time granted under subdivision 2, paragraph (b), has expired and satisfactory repairs have not been made.

(b) Notwithstanding paragraph (a), an action may be brought if the residential tenant, or neighborhood organization with the written permission of a tenant, alleges the time in subdivision 1, paragraph (b), is excessive. [566.19, subd. 3]

Subd. 4. [LANDLORD MUST BE INFORMED.] A landlord must be informed in writing of an alleged violation at least 14 days before an action is brought by:

(1) a residential tenant of a residential building in which a violation as defined in section 1, subdivision 13, clause (2) or (3), is alleged to exist; or

(2) a neighborhood organization, with the written permission of a residential tenant of a residential building in which a violation, as defined in section 1, subdivision 13, clause (2), is alleged to exist.

Sec. 54. [504A.505] [SPECIAL PROCEEDING.]

Subdivision 1. [WHO MAY BRING ACTION.] An action may be brought in district court by:

(1) a residential tenant of a residential building in which a violation, as defined in section 1, subdivision 13, is alleged to exist;

(2) a neighborhood organization with the written permission of a residential tenant of a residential building in which a violation, as defined in section 1, subdivision 13, clause (1) or (2), is alleged to exist;

(3) by a neighborhood organization that has within its geographical area an unoccupied residential building in which a violation, as defined in section 1, subdivision 13, clause (1) or (2), is alleged to exist; or

(4) a state, county, or local department or authority, charged with the enforcement of codes relating to health, housing, or building maintenance. [566.20, subd. 1]

Subd. 2. [VENUE.] The venue of the action authorized by this section is the county where the residential building alleged to contain violations is located. [566.20, subd. 2]

Subd. 3. [SUMMONS AND COMPLAINT REQUIRED.] The action must be begun by service of a complaint and summons. The summons may be issued only by a judge or court administrator. [566.20, subd. 3]

Subd. 4. [CONTENTS OF COMPLAINT.] (a) The complaint must be verified and must:

(1) allege material facts showing that a violation or violations exist in the residential building;

(2) state the relief sought; and

(3) list the rent due each month from each dwelling unit within the residential building, if known.

(b) If the violation is a violation as defined in section 1, subdivision 13, clause (1), the complaint must be accompanied by:

(1) a copy of the official report of inspection by a department of health, housing, or buildings, certified by the custodian of records of that department stating:

(i) when and by whom the residential building concerned was inspected;

(ii) what code violations were recorded; and

(iii) that notice of the code violations has been given to the landlord; or

(2) a statement that a request for inspection was made to the appropriate state, county, or municipal department, that demand was made on the landlord to correct the alleged code violation, and that a reasonable period of time has elapsed since the demand or request was made. [566.20, subd. 4]

Sec. 55. [504A.511] [EMERGENCY RELIEF PROCEEDING.]

Subdivision 1. [PETITION.] A person authorized to bring an action under section 54, subdivision 1, may petition the court for relief in cases of emergency involving the loss of running water, hot water, heat, electricity, sanitary facilities, or other essential services or facilities that the landlord is responsible for providing. [566.205, subd. 1]

Subd. 3. [PETITION INFORMATION.] The petitioner must present a verified petition to the district court that contains:

(1) a description of the property and the identity of the landlord;

(2) a statement of the facts and grounds that demonstrate the existence of an emergency caused by the loss of essential services or facilities; and

(3) a request for relief. [566.205, subd. 3]

Subd. 4. [NOTICE.] The petitioner must attempt to notify the landlord, at least 24 hours before application to the court, of the petitioner's intent to seek emergency relief. An order may be granted without notice to the landlord if the court finds that reasonable efforts, as contained in the petition or by separate affidavit, were made to notify the landlord but that the efforts were unsuccessful. [566.205, subd. 4]

Subd. 5. [RELIEF; SERVICE OF ORDER.] The court may order relief as provided in section 60. The petitioner shall serve the order on the landlord personally or by mail as soon as practicable. [566.205, subd. 5]

Subd. 6. [LIMITATION.] The residential tenant remedy under this section does not extend to emergencies that are the result of the deliberate or negligent act or omission of a residential tenant or anyone acting under the direction or control of the residential tenant. [566.205, subd. 6]

Subd. 7. [EFFECT OF OTHER LAWS.] Section 53 does not apply to a petition for emergency relief under this section. [566.205, subd. 7]

Sec. 56. [504A.515] [SUMMONS.]

Subdivision 1. [CONTENTS.] (a) On receipt of the complaint in section 54, the court administrator shall prepare a summons. The summons shall:

(1) specify the time and place of the hearing to be held on the complaint; and

(2) state that if at the time of the hearing a defense is not interposed and established by the landlord, judgment may be entered for the relief requested and authorized by sections 53 to 69.

(b) The hearing must be scheduled within five to ten days after receipt of the complaint by the court administrator. [566.21, subd. 1]

Subd. 2. [SERVICE.] The summons and complaint must be served upon the landlord or the landlord's agent within five to ten days before the hearing. Service shall be by personal service upon the defendant pursuant to the Minnesota Rules of Civil Procedure. If service cannot be made with due diligence, service may be made by affixing a copy of the summons and complaint prominently to the residential building involved, and mailing at the same time a copy of the summons and complaint by certified mail to the last known address of the landlord. [566.21, subd. 2]

Sec. 57. [504A.521] [ANSWER.]

At or before the time of the hearing, the landlord may answer in writing. Defenses that are not contained in a written answer must be orally pleaded at the hearing before any testimony is taken. No delays in the date of hearing may be granted to allow time to prepare a written answer or reply except with the consent of all parties. [566.22]

Sec. 58. [504A.525] [DEFENSES.]

It is a sufficient defense to a complaint under section 54 or 70 that:

(2) the violations have been caused by the willful, malicious, negligent, or irresponsible conduct of a complaining residential tenant or anyone under the tenant's direction or control; or

(3) a residential tenant of the residential building has unreasonably refused entry to the landlord or the landlord's agent to a portion of the property for the purpose of correcting the violation, and that the effort to correct was made in good faith. [566.23]

Sec. 59. [504A.531] [HEARING.]

If issues of fact are raised, they must be tried by the court without a jury. The court may grant a postponement of the trial on its own motion or at the request of a party if it determines that postponements are necessary to enable a party to procure necessary witnesses or evidence. A postponement must be for no more than ten days except by consent of all appearing parties. [566.24]

Sec. 60. [504A.535] [JUDGMENT.]

(a) If the court finds that the complaint in section 54 has been proved, it may, in its discretion, take any of the actions described in paragraphs (b) to (g), either alone or in combination.

(b) It may order the landlord to remedy the violation or violations found by the court to exist if the court is satisfied that corrective action will be undertaken promptly.

(c) It may order the residential tenant to remedy the violation or violations found by the court to exist and deduct the cost from the rent subject to the terms as the court determines to be just.

(d) It may appoint an administrator with powers described in section 64, and direct that:

(1) the following rents due shall be deposited with the administrator appointed by the court:

(i) rents on and from the day of entry of judgment, in the case of petitioning residential tenants or neighborhood organizations; and

(ii) rents on and from the day of service of the judgment on all other residential and commercial tenants of the residential building, if any; and

(2) the administrator use the rents collected to remedy the violations found to exist by the court by paying the debt service, taxes, and insurance, and providing the services necessary to the ordinary operation and maintenance of the residential building which the landlord is obligated to provide but fails or refuses to provide.

(e) It may find the extent to which any uncorrected violations impair the residential tenants' use and enjoyment of the property contracted for and order the rent abated accordingly. If the court enters judgment under this paragraph, the parties shall be informed and the court shall determine the amount by which the rent is to be abated.

(f) It may, after termination of administration, continue the jurisdiction of the court over the residential building for a period of one year and order the landlord to maintain the residential building in compliance with all applicable state, county, and city health, safety, housing, building, fire prevention, and housing maintenance codes.

(g) It may grant any other relief it finds just and proper, including a judgment against the landlord for reasonable attorney fees, not to exceed $500, in the case of a prevailing residential tenant or neighborhood organization. The $500 limitation does not apply to awards made under section 549.211 or other specific statutory authority. [566.25]

Sec. 61. [504A.541] [SERVICE OF JUDGMENT.]

Sec. 62. [504A.545] [LANDLORD'S RIGHT TO COLLECT RENT SUSPENDED.]

If an administrator has been appointed pursuant to section 59, paragraph (d), the landlord is not entitled to collect rent from the time of judgment or service of judgment until the administration is terminated. [566.27]

Sec. 63. [504A.551] [RESIDENTIAL TENANT MAY NOT BE PENALIZED FOR COMPLAINT.]

A residential tenant may not be evicted, nor may the residential tenant's obligations under a lease be increased or the services decreased, if the eviction or increase of obligations or decrease of services is intended as a penalty for the residential tenant's or neighborhood organization's complaint of a violation. The burden of proving otherwise is on the landlord if the eviction or increase of obligations or decrease of services occurs within 90 days after filing the complaint, unless the court finds that the complaint was not made in good faith. After 90 days the burden of proof is on the residential tenant. [566.28]

Sec. 64. [504A.555] [ADMINISTRATOR.]

Subdivision 1. [APPOINTMENT.] The administrator may be a person, local government unit or agency, other than a landlord of the building, the inspector, the complaining residential tenant, or a person living in the complaining residential tenant's dwelling unit. If a state or court agency is authorized by statute, ordinance, or regulation to provide persons or neighborhood organizations to act as administrators under this section, the court may appoint them to the extent they are available. [566.29, subd. 1]

Subd. 2. [POSTING BOND.] A person or neighborhood organization appointed as administrator shall post bond to the extent of the rents expected by the court to be necessary to be collected to correct the violation or violations. Administrators appointed from governmental agencies need not give bond. [566.29, subd. 2]

Subd. 3. [EXPENSES.] The court may allow a reasonable amount for the services of administrators and the expense of the administration from rent money. When the administration terminates, the court may enter judgment against the landlord in a reasonable amount for the services and expenses incurred by the administrator. [566.29, subd. 3]

Subd. 4. [POWERS.] The administrator may:

(1) collect rents from residential and commercial tenants, evict residential and commercial tenants for nonpayment of rent or other cause, enter into leases for vacant dwelling units, rent vacant commercial units with the consent of the landlord, and exercise other powers necessary and appropriate to carry out the purposes of sections 53 to 69;

(2) contract for the reasonable cost of materials, labor, and services necessary to remedy the violation or violations found by the court to exist and for the rehabilitation of the property to maintain safe and habitable conditions over the useful life of the property, and may disburse money for these purposes from funds available for the purpose;

(3) provide services to the residential tenants that the landlord is obligated to provide but refuses or fails to provide, and may pay for them from funds available for the purpose;

(4) petition the court, after notice to the parties, for an order allowing the administrator to encumber the property to secure funds to the extent necessary to cover the costs described in clause (2), including reasonable fees for the administrator's services, and to pay for the costs from funds derived from the encumbrance; and

(5) petition the court, after notice to the parties, for an order allowing the administrator to receive funds made available for this purpose by the federal or state governing body or the municipality to the extent necessary to cover the costs described in clause (2) and pay for them from funds derived from this source.

Subd. 5. [TERMINATION OF ADMINISTRATION.] At any time during the administration, the administrator or any party may petition the court after notice to all parties for an order terminating the administration on the ground that the funds available to the administrator are insufficient to effect the prompt remedy of the violations. When the court finds that the petition is proved, the court shall terminate the administration and proceed to judgment under section 60, paragraph (e). [566.29, subd. 5]

Subd. 6. [RESIDENTIAL BUILDING REPAIRS AND SERVICES.] The administrator must first contract and pay for residential building repairs and services necessary to keep the residential building habitable before other expenses may be paid. If sufficient funds are not available for paying other expenses, such as tax and mortgage payments, after paying for necessary repairs and services, the landlord is responsible for the other expenses. [566.29, subd. 6]

Subd. 7. [ADMINISTRATOR'S LIABILITY.] The administrator may not be held personally liable in the performance of duties under this section except for misfeasance, malfeasance, or nonfeasance of office. [566.29, subd. 7]

Subd. 8. [DWELLING'S ECONOMIC VIABILITY.] In considering whether to grant the administrator funds under subdivision 4, the court must consider:

(1) the long-term economic viability of the dwelling;

(2) the causes leading to the appointment of an administrator;

(3) the repairs necessary to bring the property into code compliance;

(4) the market value of the property; and

(5) whether present and future rents will be sufficient to cover the cost of repairs or rehabilitation. [566.29, subd. 8]

Sec. 65. [504A.561] [RECEIVERSHIP REVOLVING LOAN FUND.]

The Minnesota housing finance agency may establish a revolving loan fund to pay the administrative expenses of receivership administrators under section 64 for properties for occupancy by low- and moderate-income persons or families. Landlords must repay administrative expense payments made from the fund. [566.291]

Sec. 66. [504A.565] [REMOVAL OF ADMINISTRATOR.]

Subdivision 1. [PETITION BY ADMINISTRATOR.] The administrator may, after notice to all parties, petition the court to be relieved of duties, including in the petition the reasons for it. The court may, in its discretion, grant the petition and discharge the administrator after approval of the accounts. [566.30, subd. 1]

Subd. 2. [PETITION BY A PARTY.] A party may, after notice to the administrator and all other parties, petition the court to remove the administrator. If the party shows good cause, the court shall order the administrator removed and direct the administrator to immediately deliver to the court an accounting of administration. The court may make any other order necessary and appropriate under the circumstances. [566.30, subd. 2]

Subd. 3. [APPOINTMENT OF NEW ADMINISTRATOR.] If the administrator is removed, the court shall appoint a new administrator in accordance with section 64, giving all parties an opportunity to be heard. [566.30, subd. 3]

Sec. 67. [504A.571] [TERMINATION OF ADMINISTRATION.]

Subdivision 1. [EVENTS OF TERMINATION.] The administration shall be terminated after one of the following:

(1) certification is secured from the appropriate governmental agency that the violations found by the court to exist at the time of judgment have been remedied; or

Subd. 2. [ACCOUNTING BY ADMINISTRATOR.] After the occurrence of one of the conditions in subdivision 1, the administrator shall:

(1) submit to the court an accounting of receipts and disbursements of the administration together with copies of all bills, receipts and other memoranda pertaining to the administrator, and, where appropriate, a certification by an appropriate governmental agency that the violations found by the court to exist at the time of judgment have been remedied; and

(2) comply with any other order the court makes as a condition of discharge. [566.31, subd. 2]

Subd. 3. [DISCHARGE OF ADMINISTRATOR.] After approval by the court of the administrator's accounts and compliance by the administrator with any other order the court may make as a condition of discharge, the court shall discharge the administrator from any further responsibilities pursuant to sections 53 to 69. [566.31, subd. 3]

Sec. 68. [504A.575] [WAIVER NOT ALLOWED.]

A provision of a lease or other agreement in which a provision of sections 53 to 69 is waived by a residential tenant is contrary to public policy and void. [566.32]

Sec. 69. [504A.581] [PURPOSE TO PROVIDE ADDITIONAL REMEDIES.]

The purpose of sections 53 to 69 is to provide additional remedies and nothing contained in those sections alters the ultimate financial liability of the landlord or residential tenant for repairs or maintenance of the building. [566.33]

Sec. 70. [504A.585] [ESCROW OF RENT TO REMEDY VIOLATIONS.]

Subdivision 1. [ESCROW OF RENT.] (a) If a violation exists in a residential building, a residential tenant may deposit the amount of rent due to the landlord with the court administrator using the procedures described in paragraphs (b) to (d).

(b) For a violation as defined in section 1, subdivision 13, clause (1), the residential tenant may deposit with the court administrator the rent due to the landlord along with a copy of the written notice of the code violation as provided in section 53, subdivision 2. The residential tenant may not deposit the rent or file the written notice of the code violation until the time granted to make repairs has expired without satisfactory repairs being made, unless the residential tenant alleges that the time granted is excessive.

(c) For a violation as defined in section 1, subdivision 13, clause (2) or (3), the residential tenant must give written notice to the landlord specifying the violation. The notice must be delivered personally or sent to the person or place where rent is normally paid. If the violation is not corrected within 14 days, the residential tenant may deposit the amount of rent due to the landlord with the court administrator along with an affidavit specifying the violation. The court must provide a simplified form affidavit for use under this paragraph.

(d) The residential tenant need not deposit rent if none is due to the landlord at the time the residential tenant files the notice required by paragraph (b) or (c). All rent which becomes due to the landlord after that time but before the hearing under subdivision 6 must be deposited with the court administrator. As long as proceedings are pending under this section, the residential tenant must pay rent to the landlord or as directed by the court and may not withhold rent to remedy a violation. [566.34, subds. 1,2]

Subd. 2. [COUNTERCLAIM FOR POSSESSION.] (a) The landlord may file a counterclaim for possession of the property in cases where the landlord alleges that the residential tenant did not deposit the full amount of rent with the court administrator.

(b) The court must set the date for a hearing on the counterclaim within seven to 14 days from the day of filing the counterclaim. If the rent escrow hearing and the hearing on the counterclaim for possession cannot be heard on the same day, the matters must be consolidated and heard on the date scheduled for the hearing on the counterclaim.

(d) The landlord must serve the counterclaim as provided in section 39, except that the affidavits of service or mailing may be brought to the hearing rather than filed with the court before the hearing.

(e) The court must provide a simplified form for use under this section. [566.34, subd. 3]

Subd. 3. [DEFENSES.] The defenses provided in section 58 are defenses to an action brought under this section. [566.34, subd. 4]

Subd. 4. [FILING FEE.] The court administrator may charge a filing fee in the amount set for complaints and counterclaims in conciliation court, subject to the filing of an inability to pay affidavit. [566.34, subd. 5]

Subd. 5. [NOTICE OF HEARING.] (a) A hearing must be held within ten to 14 days from the day a residential tenant deposits rent with the court administrator.

(b) If the cost of remedying the violation, as estimated by the residential tenant, is within the jurisdictional limit for conciliation court, the court administrator shall notify the landlord and the residential tenant of the time and place of the hearing by first class mail.

(c) The residential tenant must provide the court administrator with the landlord's name and address. If the landlord has disclosed a post office box as the landlord's address under section 12, notice of the hearing may be mailed to the post office box.

(d) If the cost of remedying the violation, as estimated by the tenant, is above the jurisdictional limit for conciliation court, the tenant must serve the notice of hearing according to the Minnesota Rules of Civil Procedure.

(e) The notice of hearing must specify the amount the residential tenant has deposited with the court administrator, and must inform the landlord that possession of the property will not be in issue at the hearing unless the landlord files a counterclaim for possession or an action under sections 20 to 22 and 37 to 51. [566.34, subd. 6]

Subd. 6. [HEARING.] The hearing shall be conducted by a court without a jury. A certified copy of an inspection report meets the requirements of rule 803(8) of the Minnesota Rules of Evidence as an exception to the rule against hearsay, and meets the requirements of rules 901 and 902 of the Minnesota Rules of Evidence as to authentication. [566.34, subd. 7]

Subd. 7. [RELEASE OF RENT PRIOR TO HEARING.] If the residential tenant gives written notice to the court administrator that the violation has been remedied, the court administrator must release the rent to the landlord and, unless the hearing has been consolidated with another action, must cancel the hearing. If the residential tenant and the landlord enter into a written agreement signed by both parties apportioning the rent between them, the court administrator must release the rent in accordance with the written agreement and cancel the hearing. [566.34, subd. 8]

Subd. 8. [CONSOLIDATION WITH EVICTION.] Actions under this section and actions for eviction brought under sections 20 to 22, 37 to 51, or section 77 which involve the same parties must be consolidated and heard on the date scheduled for the eviction. [566.34, subd. 9]

Subd. 9. [JUDGMENT.] (a) Upon finding that a violation exists, the court may, in its discretion, do any or all of the following:

(1) order relief as provided in section 60, including retroactive rent abatement;

(2) order that all or a portion of the rent in escrow be released for the purpose of remedying the violation;

(3) order that rent be deposited with the court as it becomes due to the landlord or abate future rent until the landlord remedies the violation; or

(b) When a proceeding under this section has been consolidated with a counterclaim for possession or an action for eviction under sections 20 to 22, 37 to 51, or section 77, and the landlord prevails, the residential tenant may redeem the tenancy as provided in section 19.

(c) When a proceeding under this section has been consolidated with a counterclaim for possession or an action for eviction under sections 20 to 22, 37 to 51, or section 77 on the grounds of nonpayment, the court may not require the residential tenant to pay the landlord's filing fee as a condition of retaining possession of the property when the residential tenant has deposited with the court the full amount of money found by the court to be owed to the landlord. [566.34, subd. 10]

Subd. 10. [RELEASE OF RENT AFTER HEARING.] If the court finds, after a hearing on the matter has been held, that no violation exists in the building or that the residential tenant did not deposit the full amount of rent due with the court administrator, it shall order the immediate release of the rent to the landlord. If the court finds that a violation existed, but was remedied between the commencement of the action and the hearing, it may order rent abatement and must release the rent to the parties accordingly. Any rent found to be owed to the residential tenant must be released to the tenant. [566.34, subd. 11]

Subd. 11. [RETALIATION; WAIVER NOT ALLOWED.] Section 63 applies to proceedings under this section. The residential tenant rights under this section may not be waived or modified and are in addition to and do not limit other rights or remedies which may be available to the residential tenant and landlord, except as provided in subdivision 1. [566.34, subd. 12]

Sec. 71. [504A.591] [VIOLATIONS OF BUILDING REPAIR ORDERS.]

Subdivision 1. [NONCOMPLIANCE; FINES.] After finding a landlord has willfully failed to comply with a court order to remedy a violation, the court shall fine the landlord according to the following schedule:

(1) $250 for the first failure to comply;

(2) $500 for the second failure to comply with an order regarding the same violation; and

(3) $750 for the third and each subsequent failure to comply with an order regarding the same violation. [566.35, subd. 1]

Subd. 2. [CRIMINAL PENALTY.] A landlord who willfully fails to comply with a court order to remedy a violation is guilty of a gross misdemeanor if it is the third or subsequent time that the landlord has willfully failed to comply with an order to remedy a violation within a three-year period. [566.35, subd. 2]

Sec. 72. [504A.595] [CODE VIOLATIONS, DISCLOSURE.]

(a) A state, county, or city agency charged by the governing body of the appropriate political subdivision with responsibility for enforcing a state, county, or city health, housing, building, fire prevention, or housing maintenance code shall make available to the persons described in paragraph (b) code violation records that pertain to a particular parcel of real property and the buildings, improvements, and dwelling units located on it. The records must be made available at reasonable times, and upon reasonable notice to the custodian of the records, for inspection, examination, abstracting, or copying at the expense of the person obtaining the information.

(b) The persons to whom the records shall be available under this section include, but are not limited to, the following persons and their representatives:

(1) a person having any legal or beneficial interest in the property, including a renter;

(2) a person considering in good faith the lease or purchase of the property;

(3) a person authorized to request an inspection under section 53; and

Sec. 73. [504A.601] [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] The definitions in this section apply to sections 73 to 75. [504.29, subd. 1]

Subd. 2. [PROPER IDENTIFICATION.] "Proper identification" means information generally considered sufficient to identify a person, including a Minnesota driver's license, a Minnesota identification card, other forms of identification provided by a unit of government, a notarized statement of identity with a specimen signature of the person, or other reasonable form of identification. [504.29, subd. 2a]

Subd. 3. [RESIDENTIAL TENANT REPORT.] "Residential tenant report" means a written, oral, or other communication by a residential tenant screening service that includes information concerning an individual's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, that is collected, used, or expected to be used for the purpose of making decisions relating to residential tenancies or residential tenancy applications. [504.29, subd. 4]

Subd. 4. [RESIDENTIAL TENANT SCREENING SERVICE.] "Residential tenant screening service" means a person or business regularly engaged in the practice of gathering, storing, or disseminating information about residential tenants or assembling residential tenant reports for monetary fees, dues, or on a cooperative nonprofit basis. [504.29, subd. 5]

Sec. 74. [504A.605] [RESIDENTIAL TENANT REPORTS; DISCLOSURE AND CORRECTIONS.]

Subdivision 1. [DISCLOSURES REQUIRED.] (a) On request and proper identification, a residential tenant screening service must disclose the following information to an individual:

(1) the nature and substance of all information in its files on the individual at the time of the request; and

(2) the sources of the information.

(b) A residential tenant screening service must make the disclosures to an individual without charge if information in a residential tenant report has been used within the 30 days before the request to deny the rental to the individual or increase the security deposit or rent of a residential housing unit to the individual.

(c) If the residential tenant report has not been used to deny the rental or increase the rent or security deposit of a residential housing unit within the past 30 days, the residential tenant screening service may impose a reasonable charge for making the disclosure. The residential tenant screening service must notify the residential tenant of the amount of the charge before furnishing the information. The charge may not exceed the amount that the residential tenant screening service would impose on each designated recipient of a residential tenant report, except that no charge may be made for notifying persons of the deletion of information which is found to be inaccurate or which can no longer be verified.

(d) Files maintained on a residential tenant must be disclosed promptly as established in clauses (1) to (4).

(1) A tenant file must be disclosed in person, during normal business hours, at the location where the tenant screening service maintains its files, if the tenant appears in person and furnishes proper identification at that time.

(2) A tenant file must be disclosed by mail, if the tenant makes a written request with proper identification for a copy of the information contained in the tenant report and requests that the information be sent to a specified address. A disclosure made under this clause shall be deposited in the United States mail, postage prepaid, within five business days after the written request for disclosure is received by the tenant screening service. A tenant screening service complying with a request for disclosure under this clause shall not be liable for disclosures to third parties caused by mishandling mail, provided that the tenant file information is mailed to the address specified by the tenant in the request.

(4) Information in a tenant's file required to be disclosed in writing under this subdivision may be disclosed in any other form including electronic means if authorized by the tenant and available from the tenant screening service. [504.30, subd. 1]

Subd. 2. [CORRECTIONS.] If the completeness or accuracy of an item of information contained in an individual's file is disputed by the individual, the residential tenant screening service must reinvestigate and record the current status of the information. If the information is found to be inaccurate or can no longer be verified, the residential tenant screening service must delete the information from the individual's file and residential tenant report. At the request of the individual, the residential tenant screening service must give notification of the deletions to persons who have received the residential tenant report within the six months before the request. [504.30, subd. 2]

Subd. 3. [EXPLANATIONS.] The residential tenant screening service must permit an individual to explain an eviction report or a disputed item not resolved by reinvestigation in a residential tenant report. The explanation must be included in the residential tenant report. The residential tenant screening service may limit the explanation to no more than 100 words. [504.30, subd. 3]

Subd. 4. [COURT FILE INFORMATION.] (a) If a residential tenant screening service includes information from a court file on an individual in a residential tenant report, the report must provide the full name and date of birth of the individual in any case where the court file includes the individual's full name and date of birth, and the outcome of the court proceeding must be accurately recorded in the report, including the specific basis of the court's decision, when available. Whenever the court supplies information from a court file on an individual, in whatever form, the court shall include the full name and date of birth of the individual, if that is indicated on the court file or summary and information on the outcome of the court proceeding, including the specific basis of the court's decision, coded as provided in subdivision 5 for the type of action, when it becomes available. The residential tenant screening service is not liable under section 75 if the residential tenant screening service reports complete and accurate information as provided by the court.

(b) A tenant screening service shall not provide tenant reports containing information on eviction actions in the second and fourth judicial districts, unless the tenant report accurately records the outcome of the proceeding or other disposition of the eviction action such as settlement, entry of a judgment, default, or dismissal of the action. [504.30, subd. 4]

Subd. 5. [EVICTION ACTION CODING.] The court shall indicate on the court file or any summary of a court file the specific basis of the court's decision in an eviction action according to codes developed by the court that, at a minimum, indicates if the basis of the court's decision is nonpayment of rent, a violation of the requirements under section 75 or 76, other breach of a lease agreement, or a counterclaim for possession of the property under section 69. [504.30, subd. 4a]

Subd. 6. [INFORMATION TO RESIDENTIAL TENANT.] If the landlord uses information in a residential tenant report to deny the rental or increase the rent or security deposit of a residential unit, the landlord must inform the prospective tenant of the name and address of the residential tenant screening service that provided the residential tenant report. [504.30, subd. 5]

Sec. 75. [504A.611] [RESIDENTIAL TENANT REPORT; REMEDIES.]

The remedies in section 8.31 apply to a violation of section 74. A residential tenant screening service or landlord that complies with the Fair Credit Reporting Act, United States Code, title 15, section 1681, et seq., is considered to comply with section 74. [504.31]

Sec. 76. [504A.701] [LANDLORD AND RESIDENTIAL TENANT MAY NOT ALLOW UNLAWFUL ACTIVITIES.]

Subdivision 1. [SPECIFIC AGREEMENT.] (a) A landlord and residential tenant agree that neither will:

(2) allow prostitution or prostitution-related activity as defined in section 617.80, subdivision 4, to occur on the property, its lands, or common area;

(3) allow the unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713 on the property, its lands, or common area; and

(4) use, or allow others acting under the control of either, to use the property's common area or lands to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of a criminal provision of chapter 152.

(b) This agreement is not violated when a person other than the landlord or residential tenant possesses or allows controlled substances on the property, its lands, or common area unless the landlord or residential tenant knew or had reason to know of that activity. [504.181, subd. 1]

Subd. 2. [BREACH VOIDS RIGHT TO POSSESSION.] (a) A breach of the agreement in subdivision 1 voids the residential tenant's right to possession of the property. All other provisions of the lease, including but not limited to the obligation to pay rent, remain in effect until the lease is terminated by the terms of the lease or operation of law.

(b) If the residential tenant breaches the agreement in subdivision 1, the landlord may bring, or assign to the county attorney of the county in which the property is located, the right to bring an eviction action against the residential tenant. The assignment must be in writing on a form provided by the county attorney, and the county attorney may determine whether to accept the assignment. If the county attorney accepts the assignment of the landlord's right to bring an eviction action:

(1) any court filing fee that would otherwise be required in an eviction action is waived; and

(2) the landlord retains all the rights and duties, including removal of the residential tenant's personal property, following issuance of an order to vacate and delivery of the writ to the sheriff for execution. [504.181, subd. 2]

Subd. 3. [WAIVER NOT ALLOWED.] The landlord or residential tenant may not waive or modify the prohibition imposed by this section. [504.181, subd. 3]

Sec. 77. [504A.705] [EVICTION FOR VIOLATION.]

(a) A landlord may evict a residential tenant who is subject to seizure under section 609.5317, subdivision 1, for which there is not a defense under section 609.5317, subdivision 3.

(b) Landlords must give written notice to residential tenants of the provision relating to seizures in paragraph (a). Failure to give notice does not subject the landlord to criminal or civil liability and is not a defense under section 609.5317, subdivision 3. [566.02; 566.021]

Sec. 78. [EFFECT OF CHANGES IN THIS ACT.]

The legislature intends this act to be a clarification and reorganization of the landlord-tenant laws in Minnesota Statutes, chapters 504 and 566. The changes that have been made are not intended to alter those laws and shall not be construed by a court or other authority to alter them.

Sec. 79. [INSTRUCTION TO REVISOR.]

(a) The revisor shall publish the statutory derivations of the laws repealed and recodified in this act in Laws of Minnesota and in the statutory history of chapters 504 and 566 in Minnesota Statutes.

Sec. 80. [REPEALER.]

Minnesota Statutes 1996, sections 504.01; 504.012; 504.015; 504.02; 504.03; 504.04; 504.05; 504.06; 504.07; 504.08; 504.09; 504.18; 504.181, subdivisions 2 and 3; 504.183; 504.185; 504.20; 504.201; 504.21; 504.22; 504.23; 504.24; 504.245; 504.246; 504.25; 504.255; 504.257; 504.26; 504.265; 504.27; 504.28; 504.29; 504.30; 504.31; 504.32; 504.36; 566.01; 566.02; 566.021; 566.03; 566.04; 566.051; 566.06; 566.07; 566.08; 566.09; 566.10; 566.11; 566.12; 566.13; 566.14; 566.15; 566.16; 566.17; 566.175; 566.18, subdivisions 1, 2, 3, 4, and 5; 566.19; 566.20; 566.205; 566.21; 566.22; 566.23; 566.24; 566.26; 566.27; 566.28; 566.29; 566.291; 566.30; 566.31; 566.32; 566.33; 566.34; and 566.35; and Minnesota Statutes 1997 Supplement, sections 504.181, subdivision 1; 504.215; 566.05; 566.18, subdivision 6; and 566.25, are repealed.

Sec. 81. [EFFECTIVE DATE.]

This act is effective July 1, 1999."

Delete the title and insert:

"A bill for an act relating to landlords and tenants; recodifying, clarifying, and relocating landlord tenant law; proposing coding for new law as Minnesota Statutes, chapter 504A; repealing Minnesota Statutes 1996, sections 504.01; 504.012; 504.015; 504.02; 504.03; 504.04; 504.05; 504.06; 504.07; 504.08; 504.09; 504.18; 504.181, subdivisions 2 and 3; 504.183; 504.185; 504.20; 504.201; 504.21; 504.22; 504.23; 504.24; 504.245; 504.246; 504.25; 504.255; 504.257; 504.26; 504.265; 504.27; 504.28; 504.29; 504.30; 504.31; 504.32; 504.36; 566.01; 566.02; 566.021; 566.03; 566.04; 566.051; 566.06; 566.07; 566.08; 566.09; 566.10; 566.11; 566.12; 566.13; 566.14; 566.15; 566.16; 566.17; 566.175; 566.18, subdivisions 1, 2, 3, 4, and 5; 566.19; 566.20; 566.205; 566.21; 566.22; 566.23; 566.24; 566.26; 566.27; 566.28; 566.29; 566.291; 566.30; 566.31; 566.32; 566.33; 566.34; and 566.35; Minnesota Statutes 1997 Supplement, sections 504.181, subdivision 1; 504.215; 566.05; 566.18, subdivision 6; and 566.25."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1116, A bill for an act relating to professions; modifying provisions relating to the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design; amending Minnesota Statutes 1996, sections 326.03, subdivision 1; 326.04; 326.05; 326.07; 326.09; 326.10, subdivisions 2 and 7; and 326.13; repealing Minnesota Statutes 1996, section 326.08.

Reported the same back with the following amendments:

Page 8, after line 34, insert:

"Sec. 9. [326.141] [GOOD SAMARITAN ACTIONS.]

A licensed architect, engineer, land surveyor, landscape architect, or geoscientist or certified interior designer who provides services for which that person is licensed or certified, at the scene of a declared national, state, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, or collapse or similar disaster or catastrophic event, is not liable for any personal injury, wrongful death, property damage, or other loss caused by acts, errors, or omissions in the performance of services for any structure, building, or system either publicly or privately owned if the services are provided:

(1) voluntarily and without compensation; and

The immunity provided applies only to service that occurs within 90 days of the emergency, disaster, or catastrophic event, unless extended by an executive order issued by the governor under the governor's emergency executive powers. Nothing in this section provides immunity for wanton, willful, or intentional misconduct.

Sec. 10. Minnesota Statutes 1996, section 599.14, is amended to read:

599.14 [RECORDS OF SURVEYS, EVIDENCE WHEN.]

Records of surveys made by the engineering department of any municipality, including field notes, profiles, plats, plans, and other files and records of such department, shall be prima facie evidence in all courts of the correctness of the facts shown and statements made therein."

Page 8, line 35, delete "9" and insert "11"

Page 9, line 5, delete "10" and insert "12"

Amend the title as follows:

Page 1, line 7, delete the second "and"

Page 1, line 8, after the semicolon, insert "and 599.14; proposing coding for new law in Minnesota Statutes, chapter 326;"

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

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 2294, A bill for an act relating to taxation; allowing the 1997 property tax rebate for prepayments of tax; amending Laws 1997, chapter 231, article 1, section 16, as amended.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

subdivision 6; 273.166, subdivision 2; 284.07; 325F.692, subdivision 2; 345.02; 345.03; 345.14; 346.04; 346.55, subdivision 2; 347.04; 353.01, subdivision 2a; 383A.281, subdivision 13; 383A.286, subdivision 2; 383A.404, subdivision 4; 383B.054, subdivision 6; 383B.057; 383B.121, subdivision 1; 383B.129; 383B.225, subdivision 10; 393.07, subdivision 9; 395.23; 448.56, subdivision 2; 458D.15; 462.16; 465.48; 473.191, subdivision 2; 473.197, subdivision 2; 473.608, subdivision 17; 477A.011, subdivision 27; 477A.0132, subdivision 3; 477A.014, subdivisions 1 and 3; 480.052; 480.054; 480.055, subdivision 1; 480.059, subdivision 2; 480.0591, subdivision 2; 480.19; 484.66, subdivision 2; 485.01; 517.08, subdivision 1b; 550.07; 559.211, subdivision 1; 566.175, subdivision 1; 574.18; 574.34, subdivision 2; 574.35; 611A.21, subdivision 2; 611A.25, subdivision 1; 617.27; 624.7131, subdivision 8; 624.7132, subdivision 13; 624.714, subdivision 12; 625.01; 626.21; 630.17; 631.04; 643.01; and 643.02; Minnesota Statutes 1997 Supplement, sections 15.0591, subdivision 2; 62J.04, subdivision 3; 62J.61, subdivision 2; 62Q.01, subdivision 3; 85A.02, subdivision 5b; 115.58, subdivision 2; 119A.15, subdivision 5a; 144A.45, subdivision 1; 144A.4605, subdivisions 3 and 4; 148B.20, subdivision 1; 157.17, subdivision 2; 161.14, subdivision 41; 169.121, subdivision 3e; 169.123, subdivision 6; 244.09, subdivision 5; 260.015, subdivision 29; 268.145, subdivision 1; 274.01, subdivision 1; 275.011, subdivision 1; 275.065, subdivision 6; 297A.48, subdivisions 1 and 10; 325D.32, subdivision 4; 325D.415; 326.921; 473.249, subdivision 1; 477A.011, subdivision 34; 552.04, subdivision 1; 609.7495, subdivision 1; and 611A.74, subdivision 1a; repealing Minnesota Statutes 1996, sections 13.99, subdivision 19g; 157.17, subdivision 4; 256.9657, subdivision 1b; 256E.06, subdivision 9; 458D.14, subdivision 2; and 484.015; Laws 1997, chapter 12, article 3, sections 2 and 3; chapter 162, article 1, section 19; chapter 187, article 2, sections 11 and 12; chapter 219, section 3; chapter 225, article 2, sections 24, 25, 26, 27, and 28; chapter 226, section 10; and chapter 239, article 7, section 37.

Reported the same back with the following amendments:

Page 66, after line 20, insert:

"Sec. 100. Minnesota Statutes 1997 Supplement, section 609.749, subdivision 2, is amended to read:

Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person who harasses another by committing any of the following acts is guilty of a gross misdemeanor:

(1) directly or indirectly manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;

(2) stalks, follows, or pursues another;

(3) returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring; or

(6) repeatedly mails or delivers or causes the delivery of letters, telegrams, messages, packages, or other objects; or

(7) engages in any other harassing conduct that interferes with another person or intrudes on the person's privacy or liberty.

(b) The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted at the place where any call is either made or received. The conduct described in paragraph (a), clause (6), may be prosecuted where any letter, telegram, message, package, or other object is either sent or received."

Amend the title as follows:

Page 1, line 4, after the second comma, insert "unconstitutional,"

Page 2, line 23, after the second semicolon, insert "609.749, subdivision 2;"

Amend the memorandum of explanation as follows:

Page 10, after line 25, insert:

"Sec. 100. Explanation. The Minnesota supreme court found this provision unconstitutional."

Page 11, line 8, delete "103" and insert "104"

Renumber the sections in sequence

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

The report was adopted.

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

S. F. No. 535, A bill for an act relating to the metropolitan council; providing for service redesign and employee compensation for exceeding redesign plan goals; establishing a pilot project for greater efficiency in the provision of metropolitan council services; proposing coding for new law in Minnesota Statutes, chapter 473.

Reported the same back with the following amendments:

Page 1, line 10, delete "REDESIGN" and insert "IMPROVEMENT"

Page 1, delete lines 11 to 20

Page 1, line 21, delete "plan." and insert:

"(a) The council may select an area of council service currently provided by its employees and may utilize the process in this section for service improvement. Service improvement for the purposes of this section means changes or improvements in the methods or means by which employees of the council provide the selected service which results in a demonstrable reduction in the cost of the service or reduces the projected increases in the cost of such service, while maintaining the quality of the service.

(b) For the selected service, the council, in cooperation with those employees of the agency who provide the service, may develop a service improvement plan."

Page 1, line 24, delete "or other"

Page 1, line 25, delete "consideration" and delete "exceeding plan goals" and insert "any demonstrable reduction in the cost of service. The total compensation for a plan paid to one or more employees must not exceed the actual reduction in the cost of service for a period of one year"

Page 2, line 5, after the period, insert "However, a negotiated agreement for compensation with the exclusive representative of the employees, entered into in connection with the plan, may provide for payment of agreed-upon employee compensation, in whole or in part, if the plan is terminated pursuant to this paragraph."

Page 2, line 6, delete "(c)" and insert "(d)" and delete "develop a"

Page 2, line 7, delete "service redesign" and insert "carry out service improvement under this section or to develop a service improvement"

Page 2, line 8, delete "the" and insert "such a"

Page 2, line 9, delete "paragraph" and insert "section" and after "not" insert "affect matters of inherent managerial policy or"

Amend the title as follows:

Page 1, line 3, delete "redesign" and insert "improvement"

Page 1, line 4, delete "exceeding redesign plan goals" and insert "demonstrable reduction in the cost of service"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 865, A bill for an act relating to commerce; regulating rental-purchase agreements; modifying the definitions of certain terms; providing evidence of the cash price of property; limiting charges for cost-of-lease services; amending Minnesota Statutes 1996, sections 325F.84, subdivision 3, and by adding a subdivision; 325F.85; 325F.86; and 325F.91, by adding subdivisions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 325F.84, subdivision 3, is amended to read:

Subd. 3. [CASH PRICE.] "Cash price" means an amount equal to the equivalent fair market value for goods offered under a consumer credit sale as provided under section 325G.15. the fair market value of the property. The fair market value of the property means the price at which retail sellers are selling and retail buyers are buying the same or substantially similar property for cash in the same trade area in which the lessor's place of business is located. Cash price may be evidenced as provided in section 325F.91, subdivision 2a.

Sec. 2. Minnesota Statutes 1996, section 325F.84, is amended by adding a subdivision to read:

Sec. 3. Minnesota Statutes 1996, section 325F.85, is amended to read:

325F.85 [APPLICATION OF OTHER LAW.]

If the consumer protection provisions of sections 325F.84 to 325F.97 conflict with sections 325G.15 and 325G.16, sections 325F.84 to 325F.97 apply to a rental-purchase agreement and supersede sections 325G.15 and 325G.16.

Sections 325G.15 and 325G.16 and chapter 334 do not apply to rental-purchase agreements.

Sec. 4. Minnesota Statutes 1996, section 325F.86, is amended to read:

325F.86 [DISCLOSURES.]

In a rental-purchase agreement, the lessor shall disclose the following items, as applicable:

(a) The total of payments necessary to acquire ownership of the property accompanied by an explanation that this term means the "total dollar amount of payments you will have to make to acquire ownership."

(b) The total number, amounts, and timing of all payments and other charges including taxes or official fees paid to or through the lessor that are necessary to acquire ownership of the property.

(c) The difference between the amount disclosed under paragraph (a) and the cash price of the leased property, using the term "cost of lease services" to mean the difference between these amounts.

(d) Any initial or advance payment such as a delivery charge or trade-in allowance.

(e) A statement that the lessee will not own the property until the lessee has made the total of payments necessary to acquire ownership of the property.

(f) A statement that the total of payments does not include additional charges such as late payment charges, and a separate listing and explanation of these charges, as applicable.

(g) A statement that the lessee is liable for loss or damage to the property and the maximum amount for which the lessee is liable, which in the case of loss shall in no event be greater than the price the lessee would have paid to exercise an early purchase option. In the case of damage to the property other than normal wear and tear, the lessee shall be liable for the lesser of the price the lessee would have paid to exercise an early purchase option or the cost of repair as reasonably determined by the lessor.

(h) A statement that the lessee is not required to purchase a liability damage waiver from the lessor.

(i) A description of the goods or merchandise including model numbers as applicable and a statement indicating whether the property is new or used. It is not a violation of this subdivision to indicate that the property is used if it is actually new.

(j) A statement that the lessee has the option to purchase the leased property during the terms of the rental-purchase agreement and at what price, formula, or by what method the price is to be determined.

(k) The cash price of the merchandise.

(l) A statement of the following lessee rights: reinstatement rights under section 325F.90, default notice under section 325F.89, and consumer warranties under sections 325G.17 to 325G.20.

(m) A statement as follows: "If you wish to purchase this or similar property now, you may be able to get cash or credit terms from other sources which will result in a lower total cost than the total of payments shown below."

Sec. 5. Minnesota Statutes 1996, section 325F.91, is amended by adding a subdivision to read:

Subd. 2a. [EVIDENCE OF CASH PRICE.] Evidence of cash price of the property may include published prices or advertisements by retailers of substantially similar product selling in the same trade area in which the lessor's place of business is located, if the prices were published or disseminated within the 90-day period preceding the date of the rental-purchase agreement or an amount equal to two times the documented actual cost, including freight charges and applicable taxes, of the rental-purchase property from an unaffiliated wholesaler, distributor, or manufacturer. A lessor shall maintain records that establish that the price disclosed as the cash price in a rental-purchase agreement is the cash price as defined in section 325F.84, subdivision 3. A copy of each rental purchase agreement and of the records required by this subdivision must be maintained for two years following the termination of the agreement.

Sec. 6. Minnesota Statutes 1996, section 325F.91, is amended by adding a subdivision to read:

Subd. 4. [COST-OF-LEASE SERVICES.] The total dollar amount charged by the lessor for the cost-of-lease services under a rental-purchase agreement must not exceed an amount equal to the original cash price of the property.

Sec. 7. [EFFECTIVE DATE.]

Sections 1 to 6 are effective the day following final enactment and apply to agreements entered into on and after that date."

Delete the title and insert:

"A bill for an act relating to commerce; regulating rental-purchase agreements; modifying the definitions of certain terms; requiring certain disclosures; providing evidence of the cash price of property; limiting charges for cost-of-lease services; amending Minnesota Statutes 1996, sections 325F.84, subdivision 3, and by adding a subdivision; 325F.85; 325F.86; and 325F.91, by adding subdivisions."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. Nos. 661, 2294 and 2524 were read for the second time.

S. F. Nos. 535 and 865 were read for the second time.

The following House Files were introduced:

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

H. F. No. 2647, A bill for an act relating to water; providing that a portion of the environment and natural resources trust fund may be used for grants to local units of government for upgrading individual sewage treatment systems and wells; amending Minnesota Statutes 1996, section 116P.08, subdivisions 1 and 2.

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

H. F. No. 2648, A bill for an act relating to appropriations; appropriating money for the taconite mining grant program.

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

Wejcman, Abrams, Greenfield, Boudreau and Dorn introduced:

H. F. No. 2649, A bill for an act relating to health; creating an office of health care consumer assistance, advocacy, and information; amending the enrollee complaint system for health maintenance organizations; extending the date of establishing an informal complaint resolution process; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 62D.11, subdivision 1; 62J.75; 62Q.105, subdivision 1; and 62Q.30; proposing coding for new law in Minnesota Statutes, chapter 62J.

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

Jennings; Johnson, A., and Macklin introduced:

H. F. No. 2650, A bill for an act relating to taxation; sales and use; defining capital equipment to include certain communications equipment; amending Minnesota Statutes 1997 Supplement, section 297A.01, subdivision 16.

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

Greenfield introduced:

H. F. No. 2651, A bill for an act relating to health; modifying the license requirements for housing with services establishments; amending Minnesota Statutes 1997 Supplement, section 144A.4605, subdivision 4.

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

Opatz, Pelowski, Carruthers, Dorn and Dehler introduced:

H. F. No. 2652, A bill for an act relating to education; increasing per student funding on certain campuses to the average; appropriating money.

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

Leighton, Luther, Evans, Solberg and Huntley introduced:

H. F. No. 2653, A bill for an act relating to education; changing the calculation of student financial aid by excluding a portion of any Pell grant; appropriating money; amending Minnesota Statutes 1997 Supplement, section 136A.121, subdivision 5.

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

Mahon, Rhodes, Lieder and Kuisle introduced:

driver's license reinstatement; ensuring uniformity of amount of handling charge allowed for certain driver's license reinstatements; amending Minnesota Statutes 1996, section 168.12, subdivision 2a; Minnesota Statutes 1997 Supplement, sections 169.121, subdivision 4; 171.19; and 171.20, subdivision 4.

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

Gunther; Trimble; Swenson, H.; Dorn and Dempsey introduced:

H. F. No. 2655, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the Lake Crystal Area Recreation Center.

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

Johnson, R.; Trimble; Swenson, H.; Dempsey and Dorn introduced:

H. F. No. 2656, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a grant to Nicollet county for the treaty site history center; authorizing issuance of bonds; appropriating money.

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

Schumacher; Ness; Johnson, A.; Tomassoni and Kelso introduced:

H. F. No. 2657, A bill for an act relating to libraries; modifying the amount for public library accessibility grants; authorizing state bonds; appropriating money for public library accessibility grants; amending Minnesota Statutes 1996, section 134.45, subdivision 5.

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

Jaros, Paymar, Wejcman, Mariani and Rukavina introduced:

H. F. No. 2658, A bill for an act relating to human services; adding a family antipoverty program; making changes to welfare reform; amending Minnesota Statutes 1996, sections 256.031, by adding a subdivision; 256.032, subdivisions 8 and 13; 256.033, subdivisions 3, 4, 5, and by adding a subdivision; 256.034, subdivision 3; 256.035, subdivisions 1, 2a, 5, 6a, and 6c; Minnesota Statutes 1997 Supplement, sections 256.031, subdivision 6; 256.033, subdivisions 1 and 1a; 256B.0635; and 256D.05, subdivision 1; Laws 1997, chapter 85, article 3, section 3; proposing coding for new law in Minnesota Statutes, chapter 256; repealing Minnesota Statutes 1996, sections 256.031, subdivision 3; 256.033, subdivision 6; 256.035, subdivisions 2, 3, 6d, and 6e; 256.047; 256.0475; and 256.048; Minnesota Statutes 1997 Supplement, sections 256D.02, subdivision 12a; 256D.051, subdivision 18; 256D.066; 256J.01; 256J.02; 256J.03; 256J.06; 256J.08; 256J.09; 256J.10; 256J.11, as amended; 256J.12; 256J.13; 256J.14; 256J.15; 256J.20; 256J.21; 256J.24; 256J.25; 256J.26; 256J.28; 256J.30; 256J.31; 256J.315; 256J.32; 256J.33; 256J.34; 256J.35; 256J.36; 256J.37; 256J.38; 256J.39; 256J.395; 256J.396; 256J.40; 256J.42; 256J.43; 256J.44; 256J.45; 256J.46; 256J.47; 256J.48; 256J.49; 256J.50; 256J.51; 256J.515; 256J.52; 256J.53; 256J.54; 256J.55; 256J.56; 256J.57; 256J.61; 256J.62; 256J.645; 256J.65; 256J.66; 256J.67; 256J.68; 256J.69; 256J.72; 256J.74; 256J.75; 256J.76; 256K.01; 256K.015; 256K.02; 256K.03; 256K.04; 256K.05; 256K.06; 256K.07; 256K.08; and 256K.09; Laws 1997, chapter 85, article 1, sections 64, 67, and 71; and article 3, section 54.

Olson, E.; Macklin; McElroy; Johnson, A., and Long introduced:

H. F. No. 2659, A bill for an act relating to taxation; making technical changes to income, franchise, sales, excise, property, healthcare provider, and gambling taxes; making technical changes to tax administrative provisions; amending Minnesota Statutes 1996, sections 270.06; 270.069, subdivision 1; 270.70, subdivision 15; 278.10; 289A.42, subdivision 2; 289A.65, subdivisions 7 and 8; 297E.15, subdivisions 8 and 9; Minnesota Statutes 1997 Supplement, sections 270.701, subdivision 2; 289A.09, subdivision 2; 289A.20, subdivision 2; 289A.38, subdivision 7; 290.0673, subdivisions 4, 5, and 7; 290.92, subdivision 30; 290B.04, subdivision 1; 290B.05, subdivisions 1, 2, and 3; 290B.06; 290B.08, subdivision 1; 295.53, subdivision 4a; 297A.01, subdivisions 3 and 11; 297F.22, subdivisions 6 and 7; and 297G.21, subdivisions 6 and 7; repealing Minnesota Statutes 1997 Supplement, section 290B.04, subdivision 3.

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

Johnson, A.; Tomassoni; Kelso; Ness and Schumacher introduced:

H. F. No. 2660, A bill for an act relating to education; establishing a data access program for public libraries and school media centers; appropriating money.

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

Goodno introduced:

H. F. No. 2661, A bill for an act relating to human services; appropriating money; changing provisions for medical education and research trust fund, rural physician education account, mobile food unit, restaurants and food stands, health reports; establishing core functions for public health; amending Minnesota Statutes 1996, sections 144.702, subdivisions 2 and 8; 145.9265; 157.15, subdivisions 9, 10, 12, 12a, 13, 14, and by adding subdivisions; and 157.16, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 62J.69, subdivisions 1 and 2; 144.1494, subdivision 1; and 157.16, subdivision 3; Laws 1997, chapter 203, article 1, section 2, subdivisions 7 and 12; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1996, sections 144.701, subdivision 4; 144.702, subdivision 7; and 157.15, subdivision 15.

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

Bradley introduced:

H. F. No. 2662, A bill for an act relating to health; modifying eligibility provisions for medical assistance and general assistance medical care; modifying MinnesotaCare; amending Minnesota Statutes 1996, section 256B.057, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 256B.04, subdivision 18; 256D.03, subdivision 3; 256L.01; 256L.02, subdivision 3; 256L.03, subdivisions 1, 3, 4, 5, and by adding subdivisions; 256L.04, subdivisions 1, 2, 7, 8, 9, 10, and by adding subdivisions; 256L.05, subdivisions 2, 3, 4, and by adding subdivisions; 256L.06, subdivision 3; 256L.07; 256L.09, subdivisions 2, 4, and 6; 256L.11, subdivision 6; 256L.12, subdivision 5; 256L.15; and 256L.17, by adding a subdivision; repealing Minnesota Statutes 1997 Supplement, sections 256B.057, subdivision 1a; 256L.04, subdivisions 3, 4, 5, and 6; 256L.06, subdivisions 1 and 2; 256L.08; 256L.09, subdivision 3; 256L.13; 256L.14; and 256L.15, subdivision 3.

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

Bradley, Tingelstad and Jennings introduced:

H. F. No. 2663, A bill for an act relating to human services; establishing an automated finger imaging project to prevent welfare fraud; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256.

Delmont, Goodno, Seagren, Wejcman and Otremba, M., introduced:

H. F. No. 2664, A bill for an act relating to health; clarifying the equal access requirements on health plan companies; amending Minnesota Statutes 1996, section 62Q.23.

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

Juhnke; Workman; Lieder; Johnson, A., and Hausman introduced:

H. F. No. 2665, A bill for an act relating to transportation; continuing the uniform program for registration and permitting of intrastate carriers of hazardous materials; eliminating requirement of criminal background check; imposing a fee; amending Minnesota Statutes 1996, section 221.0355, subdivision 4; Minnesota Statutes 1997 Supplement, section 221.0355, subdivision 5; Laws 1994, chapter 589, section 8, as amended; repealing Minnesota Statutes 1997 Supplement, section 221.0355, subdivision 15; Laws 1997, chapter 230, section 24.

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

Tomassoni; Anderson, I.; Lieder; Solberg and Davids introduced:

H. F. No. 2666, A bill for an act relating to motor vehicles; establishing an uninsured motorist identification database program; prescribing a criminal penalty; amending Minnesota Statutes 1996, section 168.013, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Rest, McElroy, Holsten, Macklin and Hasskamp introduced:

H. F. No. 2667, A bill for an act relating to the legislative auditor; adding a member to the local government services advisory council; clarifying the appointment of council members; amending Minnesota Statutes 1997 Supplement, section 3.971, subdivision 4.

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

Kubly and Juhnke introduced:

H. F. No. 2668, A bill for an act relating to agriculture; appropriating money for the Passing on the Farm Center.

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

Bakk, Milbert and Holsten introduced:

H. F. No. 2669, A bill for an act relating to natural resources; requiring transfer of general fund money to the game and fish fund after closure of a deer hunting area; amending Minnesota Statutes 1996, sections 97A.055, subdivision 2; and 97B.305; Minnesota Statutes 1997 Supplement, section 97A.075, subdivision 1.

Solberg, Bakk, Tomassoni and Anderson, I., introduced:

H. F. No. 2670, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the Itasca county school-to-work technology center project.

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

Jennings, Goodno, Bradley, Slawik and Solberg introduced:

H. F. No. 2671, A bill for an act relating to human services; provider payment; amending Minnesota Statutes 1996, sections 256B.0595, by adding a subdivision; 256B.0911, subdivision 4; 256B.431, subdivision 2b, and by adding a subdivision; and 256B.69, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 144A.4605, subdivision 2; 256B.0911, subdivision 7; 256B.433, subdivision 3a; and 256B.434, subdivision 10; repealing Minnesota Statutes 1996, sections 144.0721, subdivision 3a; Minnesota Statutes 1997 Supplement, sections 144.0721, subdivision 3; and 256B.0913, subdivision 15; Laws 1997, chapter 203, article 4, section 65.

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

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

H. F. No. 2672, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the Ely business technology center.

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

Rest, Kahn and Finseth introduced:

H. F. No. 2673, A bill for an act relating to public employment; increasing compensation for state employees on leave to serve as certified disaster service volunteers of the American Red Cross; amending Minnesota Statutes 1996, section 43A.185, subdivision 1.

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

Peterson and Kubly introduced:

H. F. No. 2674, A bill for an act relating to battered women; appropriating money to provide services for battered women in Big Stone county.

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

Pelowski introduced:

H. F. No. 2675, A bill for an act relating to taxation; authorizing the city of Winona to impose sales and use taxes for certain purposes.

Skoglund introduced:

H. F. No. 2676, A bill for an act relating to juvenile crime; authorizing the prosecution of certain juvenile offenses in adult court without a court ruling; amending Minnesota Statutes 1996, sections 260.111, subdivision 1a; and 260.125, subdivision 3a, and by adding a subdivision.

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

Entenza, Greenfield, Wejcman and Goodno introduced:

H. F. No. 2677, A bill for an act relating to health; specifying grant requirements for home visiting programs; appropriating money; amending Minnesota Statutes 1996, section 145A.15, subdivision 2.

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

Gunther introduced:

H. F. No. 2678, A bill for an act relating to economic development; providing that the office of tourism may purchase items for resale without complying with competitive bidding requirements; clarifying application requirements for contaminated cleanup grants; authorizing compensation for members of the job skills partnership board; modifying assistance provisions under the wastewater infrastructure funding program; amending Minnesota Statutes 1996, sections 16B.06, subdivision 2; 16B.08, subdivision 7; 116.182, subdivision 1; 116J.553, subdivision 2; 116L.03, subdivision 5; and 446A.072, subdivisions 2 and 4; repealing Minnesota Statutes 1997 Supplement, section 446A.072, subdivision 4a.

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

Biernat and Skoglund introduced:

H. F. No. 2679, A bill for an act relating to crime; expanding the enhancement penalties for crimes committed for the benefit of a gang to include crimes that are motivated by involvement with a gang; amending Minnesota Statutes 1996, section 609.229, subdivision 2.

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

Munger, Hausman, Leppik, Finseth and Tomassoni introduced:

H. F. No. 2680, A bill for an act relating to natural resources; modifying the provisions of the permanent school fund advisory committee; amending Minnesota Statutes 1996, section 124.078.

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

Slawik; Mulder; Goodno; Johnson, R., and Dorn introduced:

H. F. No. 2681, A bill for an act relating to health; requiring hepatitis B immunization for children; amending Minnesota Statutes 1996, section 123.70, subdivisions 1, 2, and 4; Minnesota Statutes 1997 Supplement, section 123.70, subdivision 10.

Johnson, A.; Rest; Bakk; Long and Macklin introduced:

H. F. No. 2682, A bill for an act relating to taxation; use tax; authorizing certain taxpayers to file and pay use tax with the income tax return; amending Minnesota Statutes 1996, section 289A.08, subdivision 13; Minnesota Statutes 1997 Supplement, section 289A.11, subdivision 1.

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

Huntley, Munger, Murphy and Jaros introduced:

H. F. No. 2683, A bill for an act relating to capital improvements; permitting improvements for the St. Louis County Heritage and Arts Center as well as the addition previously authorized; amending Laws 1994, chapter 643, section 2, subdivision 13.

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

Koskinen; Johnson, R.; Evans; Rukavina and Skare introduced:

H. F. No. 2684, A bill for an act relating to nursing homes; changing staffing ratios; modifying exceptions for beds; changing nursing facility salary adjustment per diem; prohibiting costs for unionization for use in setting payment rates; changing nursing facility reimbursement; amending Minnesota Statutes 1996, sections 144A.04, subdivision 7; 256B.431, subdivision 2i, and by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 144A.071, subdivision 4a; and 256B.431, subdivisions 25 and 26.

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

Koskinen, Huntley, Greenfield and Leighton introduced:

H. F. No. 2685, A bill for an act relating to nursing homes; changing staffing ratios; modifying exceptions for beds; changing nursing facility salary adjustment per diem; prohibiting costs for unionization for use in setting payment rates; changing nursing facility reimbursement; amending Minnesota Statutes 1996, sections 144A.04, subdivision 7; and 256B.431, subdivision 2i, and by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 144A.071, subdivision 4a; and 256B.431, subdivisions 25 and 26.

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

Munger, Rukavina, Finseth, Sviggum and McCollum introduced:

H. F. No. 2686, A bill for an act relating to water; clarifying provisions relating to hearings of the board of water and soil resources; modifying the public review period for wetland replacement plans; requiring approval of certain wetland replacements; amending Minnesota Statutes 1996, sections 103B.231, subdivision 9; 103D.105; and 103G.2242, subdivision 8.

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

Milbert, Macklin, McElroy, Ozment and Wolf introduced:

H. F. No. 2687, A bill for an act relating to taxation; mortgage registry; providing for payment by the county treasurer of receipts relating to obligations secured by property in more than one county; amending Minnesota Statutes 1997 Supplement, section 287.08.

Macklin introduced:

H. F. No. 2688, A bill for an act relating to taxation; making technical and clarifying changes to tax disclosure provisions; amending Minnesota Statutes 1996, sections 270B.02, subdivision 3; 270B.03, subdivision 6; and 270B.12, subdivision 6; Minnesota Statutes 1997 Supplement, section 270B.01, subdivision 8; repealing Minnesota Statutes 1996, section 270.10, subdivision 3.

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

Huntley, Jaros and Murphy introduced:

H. F. No. 2689, A bill for an act relating to taxation; providing an exemption for construction materials for the Duluth Entertainment Convention Center; amending Minnesota Statutes 1996, section 297A.25, by adding a subdivision.

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

Huntley, Murphy and Jaros introduced:

H. F. No. 2690, A bill for an act relating to human services; amending the time period of disenrollment to the MinnesotaCare program for failing to apply for medical assistance; amending Minnesota Statutes 1997 Supplement, sections 256L.03, subdivision 3; and 256L.13, subdivision 6.

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

Huntley introduced:

H. F. No. 2691, A bill for an act relating to liquor; allowing the town of Canosia to permit the off-sale of intoxicating liquor until 10:00 p.m. on Monday through Saturday.

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

Jennings introduced:

H. F. No. 2692, A bill for an act relating to utilities; extending deadline for public utilities commission to adopt rules relating to public rights-of-way; amending Minnesota Statutes 1997 Supplement, section 237.163, subdivision 8.

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

Skare; Pelowski; Anderson, I.; Solberg and Olson, E., introduced:

H. F. No. 2693, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for capital planning for the use of the old Bemidji High School to be combined with Northwest Technical College.

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

Long; Johnson, A.; Macklin; Olson, E., and Daggett introduced:

and 290A.03, subdivision 3; Minnesota Statutes 1997 Supplement, sections 270.67, subdivision 2; 272.115, subdivisions 4 and 5; 275.70, by adding a subdivision; 289A.02, subdivision 7; 289A.19, subdivision 2; 290.01, subdivisions 19, 19a, 19b, 19c, 19f, and 31; 290.0671, subdivision 1; 290.091, subdivision 6; 290.371, subdivision 2; 290A.03, subdivision 15; and 291.005, subdivision 1; repealing Minnesota Statutes 1996, sections 289A.50, subdivision 6; and 290.191, subdivision 8.

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

Tunheim introduced:

H. F. No. 2695, A bill for an act relating to liquor; regulating malt liquor sampling; amending Minnesota Statutes 1996, section 340A.510, subdivision 2.

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

Munger, Leighton and Erickson introduced:

H. F. No. 2696, A bill for an act relating to commerce; prohibiting the unauthorized possession of, or damage to, merchandise pallets; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

Huntley, Greenfield and Haas introduced:

H. F. No. 2697, A bill for an act relating to health; increasing the maximum financial reserves permitted for health maintenance organizations; removing misleading related language; amending Minnesota Statutes 1996, section 62D.042, subdivision 2; repealing Minnesota Statutes 1997 Supplement, section 62D.042, subdivision 3.

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

Bradley, Jennings, Mulder and Haas introduced:

H. F. No. 2698, A bill for an act relating to health; providing for disenrollment from MinnesotaCare based on income; amending Minnesota Statutes 1997 Supplement, section 256L.07, subdivision 1.

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

Molnau, Westrom, Kielkucki, Lieder and Swenson, H., introduced:

H. F. No. 2699, A bill for an act relating to highways; dedicating 30 percent of revenues from the motor vehicle sales tax to a major projects account in the trunk highway fund; amending Minnesota Statutes 1996, section 297B.09, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 161.

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

Harder; Swenson, H., and Seifert introduced:

H. F. No. 2700, A bill for an act relating to Brown county; authorizing the formation of a nonprofit corporation by Brown county.

Greenfield, Jennings, Daggett, Bradley and Dorn introduced:

H. F. No. 2701, A bill for an act relating to human services; changing nursing facility salary adjustment per diem; amending Minnesota Statutes 1996, section 256B.431, by adding a subdivision.

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

Weaver, Broecker and Stanek introduced:

H. F. No. 2702, A bill for an act relating to crime; expanding the scope of certain felony penalties for the crime of obstructing legal process; amending Minnesota Statutes 1996, section 609.50, subdivision 2.

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

Mulder introduced:

H. F. No. 2703, A bill for an act relating to welfare reform; amending Minnesota Statutes 1997 Supplement, section 256J.31, subdivision 10.

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

Mulder and Rifenberg introduced:

H. F. No. 2704, A bill for an act relating to elections; requiring certain membership organizations to provide notices, provide an accounting, refund a portion of dues on request, and report certain activities to the ethical practices board; proposing coding for new law in Minnesota Statutes, chapter 211B.

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

Kahn, Pugh, Solberg, Farrell and Krinkie introduced:

H. F. No. 2705, A bill for an act relating to state government; requiring electronic versions of the guidebook of state agencies and the State Register to be available on the Internet; appropriating money; amending Minnesota Statutes 1996, sections 14.04; and 14.46, subdivision 4; Minnesota Statutes 1997 Supplement, section 16E.07, subdivision 3.

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

Kahn, Pugh, Solberg, Tunheim and Leppik introduced:

H. F. No. 2706, A bill for an act relating to commerce; providing for the reliability of electronic messages; providing for certification authorities; providing licensing and enforcement powers; defining terms; providing rulemaking; amending Minnesota Statutes 1997 Supplement, sections 325K.01, subdivisions 11, 18, 21, 27, 35, 39, and by adding a subdivision; 325K.03; 325K.05, subdivisions 1, 4, 5, 6, and 7; 325K.07, subdivisions 2 and 3; 325K.10, subdivision 1; 325K.12, subdivision 4; 325K.13, by adding a subdivision; 325K.14, subdivisions 1, 2, 3, 5, and by adding a subdivision; 325K.15, subdivisions 3 and 7; 325K.18, subdivisions 1 and 2; and 325K.25, subdivision 1; repealing Minnesota Statutes 1997 Supplement, sections 325K.06, subdivisions 3, 4, and 5; 325K.13, subdivisions 2 and 3; and 325K.14, subdivision 7.

Kahn, Pugh, Solberg, Tunheim and Leppik introduced:

H. F. No. 2707, A bill for an act relating to commerce; regulating authentication and reliability of electronic messages; exempting government keys from public inspection and copying under the Government Data Practices Act; amending Minnesota Statutes 1997 Supplement, section 325K.13, by adding a subdivision.

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

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

H. F. No. 2708, A bill for an act relating to agriculture; providing for associations of producers; setting dispute resolution procedures; establishing an advisory committee; amending Minnesota Statutes 1996, sections 17.692; 17.693, subdivisions 1, 2, and 6; 17.694, subdivisions 1, 2, 3, 6, and 7; 17.696, subdivision 2; 17.697; 17.698; 17.70, subdivisions 1, 2, and 3; 17.701; proposing coding for new law in Minnesota Statutes, chapter 17; repealing Minnesota Statutes 1996, section 17.699.

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

Sykora, Kinkel, Nornes, McGuire and Lindner introduced:

H. F. No. 2709, A bill for an act relating to families; appropriating money for early childhood and family education programs; amending Laws 1997, chapter 162, article 4, section 63, subdivision 3; repealing Minnesota Statutes 1997 Supplement, section 119B.075.

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

Kalis and Reuter introduced:

H. F. No. 2710, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the visitors' center at the Minnesota Agricultural Interpretive Center.

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

Weaver, Bakk, Erickson, Munger and Rukavina introduced:

H. F. No. 2711, A bill for an act relating to game and fish; extending certain angling seasons in 1998.

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

Bettermann, Paulsen, Dehler, Leppik and Pelowski introduced:

H. F. No. 2712, A bill for an act relating to appropriations; appropriating money for higher education and related purposes, with certain conditions.

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

Westfall, Munger, Lieder and Osthoff introduced:

H. F. No. 2713, A bill for an act relating to natural resources; modifying provisions for the review of flood protection plans; increasing the limit on flood hazard mitigation grants; modifying water use permit processing fee provisions; amending Minnesota Statutes 1996, sections 103F.155, subdivision 2; 103F.161, subdivision 2; and 103G.271, subdivision 6.

Leighton, Davids and Kraus introduced:

H. F. No. 2714, A bill for an act relating to appropriations; authorizing capital improvement funding to acquire wildlife land; appropriating money.

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

Kalis and Goodno introduced:

H. F. No. 2715, A bill for an act relating to highways; authorizing distribution of free highway maps to other states; amending Minnesota Statutes 1996, section 161.31, subdivision 1.

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

Kahn, Mares, Winter and Delmont introduced:

H. F. No. 2716, A bill for an act relating to retirement; Minneapolis fire department relief association; making certain survivor benefit options retroactive.

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

Weaver, McGuire, Hasskamp, Broecker and Seagren introduced:

H. F. No. 2717, A bill for an act relating to family law; specifying disposition of interest on prepaid child support or maintenance; proposing coding for new law in Minnesota Statutes, chapter 518.

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

Peterson, Munger, Winter and Leppik introduced:

H. F. No. 2718, A bill for an act relating to recreational vehicles; requiring snowmobiles registered in another jurisdiction to have a state trail use sticker; amending Minnesota Statutes 1997 Supplement, section 84.8205.

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

Johnson, R.; Pelowski; Bettermann; Folliard and Mariani introduced:

H. F. No. 2719, A bill for an act relating to education; modifying certain student grant provisions; amending Minnesota Statutes 1996, sections 136A.101, subdivision 7b; and 136A.121, subdivision 9; Minnesota Statutes 1997 Supplement, section 136A.121, subdivision 5; Laws 1997, chapter 183, articles 1, section 2; and 2, section 19.

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

Mares, Lieder, Mahon and Stanek introduced:

H. F. No. 2720, A bill for an act relating to public safety; directing the commissioner of public safety to study the use of blue lights on emergency vehicles and road maintenance vehicles; appropriating money.

Farrell; Trimble; McCollum; Anderson, I., and Rhodes introduced:

H. F. No. 2721, A bill for an act relating to financial institutions; regulating fees and charges imposed on account holders and others; amending Minnesota Statutes 1996, sections 9.031, subdivision 13; 47.61, by adding a subdivision; 47.64, by adding a subdivision; 48.512, subdivision 7; 50.17, subdivision 11; 51A.21, subdivision 28; 118A.02, subdivision 1; and 427.01; Minnesota Statutes 1997 Supplement, section 427.02; proposing coding for new law in Minnesota Statutes, chapters 427; and 469.

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

McCollum; Stang; Winter; Johnson, R., and Davids introduced:

H. F. No. 2722, A bill for an act relating to the environment; providing penalties for violations of underground storage tank statutes and rules; amending Minnesota Statutes 1996, sections 115.071, by adding a subdivision; and 116.073, subdivisions 1 and 2.

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

Entenza, Pawlenty, Skoglund, Greenfield and Seagren introduced:

H. F. No. 2723, A bill for an act relating to human services; providing for child welfare reform; restricting release of certain information; establishing citizen review panels; clarifying jurisdiction; defining terms; imposing duties; amending Minnesota Statutes 1996, sections 13.391; 256.01, subdivision 12, and by adding a subdivision; 257.42; 257.43; 259.24, subdivision 1; 259.37, subdivision 2; 260.011, subdivision 2; 260.141, by adding a subdivision; 260.172, subdivision 1; 260.191, subdivision 1e; 260.221, as amended; and 626.556, subdivision 11a, and by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 144.218, subdivision 2; 259.22, subdivision 4; 259.47, subdivision 3; 259.60, subdivision 2; 260.012; 260.015, subdivision 29; 260.191, subdivisions 1a and 3b; 260.241, subdivision 3; and 626.556, subdivision 11.

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

Milbert, Finseth, Bakk, Holsten and McCollum introduced:

H. F. No. 2724, A bill for an act relating to natural resources; providing for the acquisition of critical aquatic habitat; modifying commercial netting provisions; permitting the commissioner to take catfish in certain waters; modifying minnow retailer provisions; modifying turtle license provisions; amending Minnesota Statutes 1996, sections 86A.04; 97C.041; 97C.501, subdivision 1; and 97C.605, subdivisions 1 and 2; Minnesota Statutes 1997 Supplement, sections 97A.475, subdivision 30; and 97C.501, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 97C.

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

Mulder introduced:

H. F. No. 2725, A bill for an act relating to health; directing the commissioner of health to exempt certain public pools from the standards for pools with diving.

Slawik, McGuire, Solberg, Nornes and Sykora introduced:

H. F. No. 2726, A bill for an act relating to children and families; establishing a grant program to fund statewide information and referral services; appropriating money.

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

Mulder introduced:

H. F. No. 2727, A bill for an act relating to retirement; providing alternative retirement coverage for transferred employees of the Luverne Community Hospital and the Arnold Memorial Hospital.

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

Goodno, Westfall and Finseth introduced:

H. F. No. 2728, A bill for an act relating to taxation; providing for border city development zones and other tax incentives in border cities; changing administrative provisions for border city enterprise zones; modifying the recapture of the incentives in zones; appropriating money; amending Minnesota Statutes 1996, sections 290.06, by adding subdivisions; 290.091, subdivision 2; 297A.25, by adding a subdivision; 469.170, by adding a subdivision; and 469.171, subdivision 9; Minnesota Statutes 1997 Supplement, section 290.01, subdivision 19b; proposing coding for new law in Minnesota Statutes, chapters 272; 290; 469; and 477A.

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

Goodno introduced:

H. F. No. 2729, A bill for an act relating to health occupations; permitting the board of dietetics and nutrition practice to waive licensure requirements for dietitians.

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

Davids and Rifenberg introduced:

H. F. No. 2730, A bill for an act relating to health; prohibiting human cloning; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapters 145; and 214.

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

Harder and Winter introduced:

H. F. No. 2731, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the Windom Area Multi-Purpose Center.

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

Wejcman, Garcia and Koskinen introduced:

H. F. No. 2732, A bill for an act relating to human services; appropriating money for the metropolitan area agency on aging.

Weaver, Stanek, Skoglund, Leighton and Macklin introduced:

H. F. No. 2733, A bill for an act relating to crime; requiring certain criminal justice entities to report information to the legislature and the public on charging and sentencing practices concerning violent criminal offenders; proposing coding for new law in Minnesota Statutes, chapter 244.

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

Bishop, Skoglund, Slawik, Solberg and Weaver introduced:

H. F. No. 2734, A bill for an act relating to corrections; registration of sexual offenders; requiring certain offenders moving into Minnesota to register within five days; authorizing adult and juvenile offender registration information to be maintained together; expanding prosecutional jurisdiction; amending Minnesota Statutes 1996, section 243.166, subdivisions 1 and 5; Minnesota Statutes 1997 Supplement, section 244.166, subdivision 4.

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

Hilty, Lieder, Ness and Anderson, I., introduced:

H. F. No. 2735, A bill for an act relating to the environment; modifying eligibility of small gasoline retailers for loans and grants for underground storage tank replacement; amending Minnesota Statutes 1997 Supplement, section 115C.09, subdivision 3f.

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

Hilty, Wenzel, Rostberg and Otremba, M., introduced:

H. F. No. 2736, A bill for an act relating to counties; authorizing gifts to certain food distribution organizations; amending Minnesota Statutes 1996, section 465.039.

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

Goodno, Jennings, Bradley and Greenfield introduced:

H. F. No. 2737, A bill for an act relating to human services; making changes to welfare reform legislation; changing the work first program and other assistance programs; making changes to licensing of nonresidential child care programs; amending Minnesota Statutes 1996, sections 245A.14, subdivision 4; and 256D.46, subdivision 2; Minnesota Statutes 1997 Supplement, sections 256.031, subdivision 6; 256.9864; 256B.062; 256J.02, subdivision 4; 256J.03; 256J.08, subdivisions 7, 11, 26, 28, 40, 60, 68, 73, 83, and by adding subdivisions; 256J.09, subdivisions 6 and 9; 256J.12; 256J.14; 256J.20, subdivision 3; 256J.21; 256J.24, subdivisions 1, 2, 3, 4, and by adding a subdivision; 256J.26, subdivisions 1, 2, 3, and 4; 256J.28, subdivisions 2 and 4; 256J.30, subdivisions 10 and 11; 256J.31, subdivisions 5 and 10; 256J.32, subdivisions 4, 6, and by adding a subdivision; 256J.33, subdivisions 1 and 4; 256J.35; 256J.36; 256J.37, subdivisions 1, 2, 9, and by adding subdivisions; 256J.38, subdivision 1; 256J.39, subdivision 2; 256J.395; 256J.42; 256J.43; 256J.45, subdivision 1, and by adding a subdivision; 256J.46, subdivisions 1 and 2; 256J.47, subdivision 4; 256J.48, subdivisions 2 and 3; 256J.50, subdivision 5; 256J.54, subdivisions 2, 3, and 4; 256J.56; 256J.57, subdivision 1; 256J.74, subdivision 2; and 256K.03, subdivision 5; Laws 1997, chapter 85, articles 1, section 61; and 3, section 53; proposing coding for new law in Minnesota Statutes, chapter 256J; repealing Minnesota Statutes 1996, section 256D.05, subdivisions 3 and 3a; Minnesota Statutes 1997 Supplement, sections 256.031; 256.032; 256.033; 256.034; 256.035; 256.036; 256.0361; 256.047; 256.0475; 256.048; 256.049; 256B.062; 256J.25; 256J.28, subdivision 4; 256J.32, subdivision 5; and 256J.34, subdivision 5; Laws 1997, chapters 85, article 1, section 71; article 3, section 55; and 248, section 46.

Trimble and Pelowski introduced:

H. F. No. 2738, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; appropriating money to the board of trustees of the Minnesota state colleges and universities for a library for the Metropolitan State University, St. Paul region campus; authorizing issuance of bonds.

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

Trimble introduced:

H. F. No. 2739, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a grant to the city of St. Paul for a tennis center; authorizing issuance of bonds; appropriating money.

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

Greiling and Chaudhary introduced:

H. F. No. 2740, A bill for an act relating to education; changing the calculation of student financial aid by excluding a portion of any Pell grant; appropriating money; amending Minnesota Statutes 1997 Supplement, section 136A.121, subdivision 5.

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

Leighton, Greiling, Seagren, Carlson and Pelowski introduced:

H. F. No. 2741, A bill for an act relating to education; establishing a regional distribution of regents; changing the membership and recommendation procedures of the regent candidate advisory council; amending Minnesota Statutes 1996, section 137.0245, subdivisions 2 and 4; proposing coding for new law in Minnesota Statutes, chapter 137; repealing Minnesota Statutes 1996, section 137.024.

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

Juhnke introduced:

H. F. No. 2742, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for renovation of buildings 3 and 14 at the Willmar Regional Treatment Center.

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

Solberg introduced:

H. F. No. 2743, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for expansion of facilities at the Mt. Itasca ski area.

Mullery, Peterson, Munger, Tomassoni and Koskinen introduced:

H. F. No. 2744, A bill for an act relating to education; changing the calculation of student financial aid by excluding a portion of any Pell grant; appropriating money; amending Minnesota Statutes 1997 Supplement, section 136A.121, subdivision 5.

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

Evans and Clark introduced:

H. F. No. 2745, A bill for an act relating to housing; appropriating money for the housing finance agency's bridges program.

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

Luther, McCollum and Peterson introduced:

H. F. No. 2746, A bill for an act relating to traffic regulations; modifying provisions relating to school bus safety; amending Minnesota Statutes 1996, sections 123.805, subdivision 1; 124.225, subdivisions 7f and 8m; and 169.451, subdivision 5; Minnesota Statutes 1997 Supplement, section 169.01, subdivision 6; repealing Minnesota Statutes 1997 Supplement, section 169.452.

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

Peterson introduced:

H. F. No. 2747, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a grant to the city of Montevideo for improvements to an historic railroad depot and related parking and facilities; authorizing issuance of bonds; appropriating money.

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

Tomassoni, Solberg, Clark, Leppik and Bettermann introduced:

H. F. No. 2748, A bill for an act relating to families; establishing the Minnesota family asset initiative for education, housing, and economic development; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Bishop; Weaver; Broecker; Olson, M., and Macklin introduced:

H. F. No. 2749, A bill for an act relating to criminal justice; appropriating money for the judicial branch, public safety, corrections, and related purposes; requiring the commissioner of corrections to supervise administration of per diem payments to shelter facilities for abused women and children; amending Minnesota Statutes 1996, section 241.01, subdivision 7, and by adding a subdivision; Minnesota Statutes 1997 Supplement, section 241.277, subdivision 9; Laws 1997, chapters 85, article 3, section 53; and 239, article 1, section 12, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 241; and 611A; repealing Minnesota Statutes 1996, section 256D.03, subdivisions 3 and 3a.

Wenzel and Van Dellen introduced:

H. F. No. 2750, A bill for an act relating to insurance; regulating reinsurance intermediary-brokers; providing for the investment of funds held or collected; amending Minnesota Statutes 1996, section 60A.715.

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

McCollum, Huntley, Broecker and Jennings introduced:

H. F. No. 2751, A bill for an act relating to human services; adding a hardship provision to emergency assistance; amending Minnesota Statutes 1997 Supplement, section 256J.48, by adding a subdivision.

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

Jefferson introduced:

H. F. No. 2752, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the North Star Neighborhood Early Learning Center.

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

Anderson, B., introduced:

H. F. No. 2753, A bill for an act relating to capital improvements; appropriating money to construct the Amateur Sports Hall of Fame in Elk River; authorizing the sale of state bonds.

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

Anderson, B., introduced:

H. F. No. 2754, A bill for an act relating to motor vehicles; abolishing registration tax on passenger automobiles worth less than $30,000; amending Minnesota Statutes 1996, section 168.013, subdivision 1a.

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

Broecker, Trimble, Paymar and Farrell introduced:

H. F. No. 2755, A bill for an act relating to youth intervention programs; appropriating money.

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

Jennings introduced:

H. F. No. 2756, A bill for an act relating to utilities; providing for alternative resolution of disputes concerning utilities in a railroad right-of-way; amending Minnesota Statutes 1997 Supplement, section 237.04.

Entenza and Tunheim introduced:

H. F. No. 2757, A bill for an act relating to commerce; regulating residential mortgage loans; establishing table funding requirements; proposing coding for new law in Minnesota Statutes, chapter 82.

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

Mullery, Jefferson, Carlson, Carruthers and Clark introduced:

H. F. No. 2758, A bill for an act relating to economic development; providing a grant to Hennepin county for the multijurisdictional reinvestment program; appropriating money.

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

Mares and Broecker introduced:

H. F. No. 2759, A bill for an act relating to education; removing the local match requirement for gifted and talented grants; amending Laws 1997, First Special Session chapter 4, article 5, section 24, subdivision 4.

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

Knight, Bettermann, Tompkins and Bishop introduced:

H. F. No. 2760, A bill for an act relating to marriage; providing for covenant marriages; amending Minnesota Statutes 1996, sections 517.08, by adding a subdivision; and 517.10; Minnesota Statutes 1997 Supplement, section 517.08, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapters 517; and 518.

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

McGuire, Murphy, Broecker, Dawkins and Stanek introduced:

H. F. No. 2761, A bill for an act relating to crime; appropriating money for grants for gang prevention and intervention.

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

McGuire introduced:

H. F. No. 2762, A bill for an act relating to social work; modifying licensing requirements; amending Minnesota Statutes 1996, section 148B.21, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 148B.215; and 148B.283, subdivisions 4 and 5.

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

Wagenius, Chaudhary and Biernat introduced:

H. F. No. 2763, A bill for an act relating to education; phasing in full day kindergarten for all students; expanding the first grade preparedness program; appropriating money; amending Minnesota Statutes 1997 Supplement, section 124.2613, subdivision 3; Laws 1997, First Special Session chapter 4, article 2, section 51, subdivision 29; repealing Minnesota Statutes 1996, section 124.2613, subdivision 8.

Trimble and Osthoff introduced:

H. F. No. 2764, A bill for an act relating to lotteries; authorizing the city of St. Paul to conduct lottery games for certain educational and recreational purposes; amending Minnesota Statutes 1996, section 349A.10, subdivisions 3 and 5; proposing coding for new law in Minnesota Statutes, chapter 349A.

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

Evans introduced:

H. F. No. 2765, A bill for an act relating to the metropolitan airports commission; clarifying and expanding a limit on certain revenue use for air facilities; amending Minnesota Statutes 1996, section 473.641, subdivision 4.

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

Orfield introduced:

H. F. No. 2766, A bill for an act relating to the metropolitan council; providing for an elected metropolitan council; regulating economic interest statements of candidates and members; regulating contributions to candidates; requiring a policy advisory committee; modifying levy authority; amending Minnesota Statutes 1996, sections 10A.01, subdivision 5; 10A.09, subdivisions 5 and 6a; 10A.27, subdivision 1; 15.0597, subdivision 1; 204B.06, subdivision 4; 204B.09, subdivisions 1 and 1a; 204B.11; 204B.135, subdivision 2; 204B.32, subdivision 2; 204D.02, subdivision 1; 204D.08, subdivision 6; 204D.27, by adding a subdivision; 209.02, subdivision 1; 211A.01, subdivision 3; 211B.01, subdivision 3; 353D.01, subdivision 2; 473.123, subdivisions 1, 2a, 3a, 4, 7, and by adding a subdivision; and 473.127; proposing coding for new law in Minnesota Statutes, chapters 204D; and 473; repealing Minnesota Statutes 1996, sections 473.123, subdivision 3.

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

Entenza introduced:

H. F. No. 2767, A bill for an act relating to human services; modifying the Data Practices Act; amending Minnesota Statutes 1997 Supplement, section 13.46, subdivision 2.

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

Orfield introduced:

H. F. No. 2768, A bill for an act relating to statewide comprehensive land use planning coordination; appropriating money; amending Minnesota Statutes 1996, section 116C.04, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 4A; proposing coding for new law as Minnesota Statutes, chapter 462D.

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

Pugh and Carruthers introduced:

H. F. No. 2769, A bill for an act relating to insurance; automobile; reducing the age threshold at which retirees may decline wage loss reimbursement coverage; amending Minnesota Statutes 1996, section 65B.491.

Pugh and Carruthers introduced:

H. F. No. 2770, A bill for an act relating to insurance; automobile; clarifying the rights of automobile accident victims; amending Minnesota Statutes 1996, section 65B.51, by adding a subdivision.

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

Koskinen, Chaudhary, Evans and Mariani introduced:

H. F. No. 2771, A bill for an act relating to insurance; health; requiring coverage for eyeglasses and hearing aids; amending Minnesota Statutes 1996, sections 62E.06, subdivision 1; and 62L.05, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

Orfield introduced:

H. F. No. 2772, A bill for an act relating to housing; defining affordable under the Metropolitan Livable Communities Act; requiring demonstrated progress toward affordable and life-cycle housing goals; including housing policy plan within metropolitan system plans; requiring the metropolitan council to propose an inclusionary zoning program; amending Minnesota Statutes 1996, sections 473.254, subdivisions 1, 2, 10, and by adding a subdivision; and 473.852, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Tunheim; Anderson, I.; Olson, E.; Anderson, B., and Sviggum introduced:

H. F. No. 2773, A bill for an act relating to private property; providing for the Private Property Protection Act; proposing coding for new law as Minnesota Statutes, chapter 516.

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

Kuisle, Winter, Mahon, Skare and Dehler introduced:

H. F. No. 2774, A bill for an act relating to local government; clarifying the conduct of certain county elections; amending Minnesota Statutes 1996, section 375A.12, subdivision 4.

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

Clark, Delmont and Trimble introduced:

H. F. No. 2775, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for early childhood learning facilities; authorizing issuance of bonds; appropriating money; amending Minnesota Statutes 1997 Supplement, section 268.917.

Holsten, Munger, Leppik and Osthoff introduced:

H. F. No. 2776, A bill for an act relating to the organization and operation of state government; appropriating money for environmental, natural resource, and agricultural purposes; providing for regulation of certain activities and practices; amending Minnesota Statutes 1996, section 116.073, subdivision 2; Minnesota Statutes 1997 Supplement, section 84.8205; Laws 1996, chapter 407, section 3; Laws 1997, chapter 216, section 7, subdivisions 3 and 4.

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

Jefferson introduced:

H. F. No. 2777, A bill for an act relating to employee relations; modifying provisions on experimental or research projects in the department of employee relations; amending Minnesota Statutes 1997 Supplement, section 43A.04, subdivision 9.

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

Huntley, Wejcman and Goodno introduced:

H. F. No. 2778, A bill for an act relating to health; authorizing the governor to enter into an agreement with the United States Nuclear Regulatory Commission.

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

Chaudhary introduced:

H. F. No. 2779, A bill for an act relating to human rights; modifying the definition of housing for the elderly; amending Minnesota Statutes 1996, section 363.02, subdivision 2.

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

Evans introduced:

H. F. No. 2780, A bill for an act relating to child care; modifying self-employment eligibility for basic sliding fee child care; amending Minnesota Statutes 1996, section 119B.10, by adding a subdivision.

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

Jennings, Wejcman, Goodno and Greenfield introduced:

H. F. No. 2781, A bill for an act relating to human services; crisis nurseries; establishing a program to provide technical assistance to counties in developing crisis nursery programs; appropriating money.

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

Evans and Carruthers introduced:

H. F. No. 2782, A bill for an act relating to crime; including additional conduct within the definition of domestic abuse; clarifying that penalties for violation of an order for protection apply to orders issued by a judge or referee; amending Minnesota Statutes 1996, section 518B.01, subdivision 2; Minnesota Statutes 1997 Supplement, section 518B.01, subdivision 14.

Carruthers, Carlson, Luther, Abrams and Haas introduced:

H. F. No. 2783, A bill for an act relating to the city of Brooklyn Center; specifying class rates for certain tax increment financing properties.

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

Entenza introduced:

H. F. No. 2784, A bill for an act relating to child support enforcement; amending Minnesota Statutes 1996, sections 257.64, subdivision 3; 518.551, subdivisions 1 and 9; and 518.615, subdivision 2; Minnesota Statutes 1997 Supplement, sections 518.551, subdivision 5b; 518.6111, subdivision 14; 518.615, subdivision 1; and 552.04, subdivisions 2, 3, and 4; proposing coding for new law in Minnesota Statutes, chapter 518.

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

Entenza introduced:

H. F. No. 2785, A bill for an act relating to civil commitment; modifying provisions governing release on pass for persons committed as mentally ill and dangerous; allowing temporary jail confinement of persons subject to commitment as sexual psychopathic personalities or sexually dangerous persons; clarifying various provisions and making conforming and technical amendments; amending Minnesota Statutes 1996, sections 253B.15, subdivision 9; and 253B.185, by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 253B.03, subdivision 7; 253B.045, subdivisions 2 and 3; 253B.05, subdivision 3; 253B.07, subdivisions 5 and 7; 253B.09, subdivision 1; 253B.092, subdivision 6; 253B.0921; 253B.095, subdivision 3; 253B.12, subdivision 1; 253B.141, subdivision 1; 253B.15, subdivisions 2, 3, 3a, 3b, and 5; 253B.18, subdivisions 4a and 5; and 253B.19, subdivision 3.

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

Wejcman introduced:

H. F. No. 2786, A bill for an act relating to health professions; modifying provisions relating to speech-language pathologists, unlicensed mental health practitioners, alcohol and drug counselors, and hearing instrument dispensers; amending Minnesota Statutes 1996, sections 144.335, subdivision 1; 148.515, subdivision 3; 148.518, subdivision 2; 148.5191, subdivisions 1, 3, and 4; 148.5194; 148.5195, subdivision 3; 148B.66, subdivision 2; 148B.69, subdivision 2, and by adding a subdivision; 148C.04, subdivisions 3 and 4; 148C.05, subdivision 2; 148C.06; 153A.13, subdivision 5; 153A.14, subdivisions 2a, 2b, 2d, 2f, 2h, 9, and 10; 153A.15, subdivision 1, and by adding a subdivision; and 153A.20, subdivision 3; Minnesota Statutes 1997 Supplement, sections 148C.03, subdivision 1; and 148C.11, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 1996, section 153A.14, subdivision 7.

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

Dawkins introduced:

H. F. No. 2787, A bill for an act relating to civil actions; modifying the limitation on actions for certain medical malpractice claims; amending Minnesota Statutes 1997 Supplement, section 541.07; proposing coding for new law in Minnesota Statutes, chapter 541.

Dawkins introduced:

H. F. No. 2788, A bill for an act relating to education; removing the repeal of the youth works program; repealing Laws 1993, chapter 146, article 5, section 20, as amended.

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

Huntley, Tompkins, Dorn and Bradley introduced:

H. F. No. 2789, A bill for an act relating to housing; providing for the mental illness crisis housing assistance program; appropriating money.

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

Jennings introduced:

H. F. No. 2790, A bill for an act relating to Chisago county; permitting the appointment of the county recorder.

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

Carlson, Rhodes, Folliard, Van Dellen and Rest introduced:

H. F. No. 2791, A bill for an act relating to highways; changing restriction of lanes on I-394; proposing coding for new law in Minnesota Statutes, chapter 161.

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

Johnson, R.; Kelso; Boudreau; Schumacher and Seagren introduced:

H. F. No. 2792, A bill for an act relating to libraries; appropriating money for the library for the blind and physically handicapped catalog.

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

Hilty, Greenfield, Murphy, Clark and Kalis introduced:

H. F. No. 2793, A bill for an act relating to health; appropriating money for a youth alcohol treatment facility.

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

Tunheim, Folliard, Hilty and Daggett introduced:

H. F. No. 2794, A bill for an act relating to consumer protection; regulating telecommunication commerce; appropriating money; amending Minnesota Statutes 1997 Supplement, section 609.2336, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 171; and 325G.

Jaros; Anderson, I.; Paymar; Rostberg and Rukavina introduced:

H. F. No. 2795, A bill for an act relating to insurance; requiring certain insurers to cover care provided by any licensed provider willing to serve the insurer's enrollees; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 1996, section 62Q.095.

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

Lieder and Entenza introduced:

H. F. No. 2796, A bill for an act relating to motor vehicles; establishing dealer licensing and motor vehicle registration enforcement task force.

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

Daggett, Lieder and Westfall introduced:

H. F. No. 2797, A bill for an act relating to motor vehicles; providing for separate form for assignment of vehicle title; amending Minnesota Statutes 1996, sections 168A.01, by adding a subdivision; and 168A.11, subdivision 1.

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

Juhnke and Swenson, H., introduced:

H. F. No. 2798, A bill for an act relating to eminent domain; providing certain requirements for compensation for pipeline easements; amending Minnesota Statutes 1996, section 117.48.

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

Juhnke introduced:

H. F. No. 2799, A bill for an act relating to liquor; modifying restrictions for temporary on-sale licenses; amending Minnesota Statutes 1996, section 340A.410, subdivision 10.

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

Rostberg and Jennings introduced:

H. F. No. 2800, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the second phase of the Cambridge Community College master facilities plan.

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

Tunheim introduced:

H. F. No. 2801, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for a consolidated DNR area field office in Warroad.

Slawik introduced:

H. F. No. 2802, A bill for an act relating to retirement; public employees retirement association; providing special survivor benefit eligibility for certain surviving spouse.

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

Kinkel, McGuire, Sykora, Mariani and Boudreau introduced:

H. F. No. 2803, A bill for an act relating to children; clarifying certain terms and applicability of certain programs; providing for review of certain orders by the commissioner of children, families, and learning; providing for costs of certain programs; appropriating money; amending Minnesota Statutes 1996, section 256.045, subdivision 6, and by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 119B.01, subdivision 16; 119B.10, subdivision 1; and 256.045, subdivision 7.

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

Slawik, Orfield, Rest, Chaudhary and Sekhon introduced:

H. F. No. 2804, A bill for an act relating to income taxation; expanding the dependent care credit; amending Minnesota Statutes 1996, section 290.067, subdivision 2.

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

Wejcman, Paymar, Chaudhary and Entenza introduced:

H. F. No. 2805, A bill for an act relating to liquor; providing minimum mandatory civil penalties for sale of alcoholic beverages to persons under 21 years of age; providing for regular compliance checks of and training for licensees; regulating home delivery of alcoholic beverages; providing for a minimum fine for purchase of alcoholic beverages by a person under 21 years of age; allowing political subdivisions to ban 50 milliliter bottles; amending Minnesota Statutes 1996, sections 340A.415; 340A.503, by adding a subdivision; 340A.511; and 340A.703; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Slawik, Skoglund, Biernat, Broecker and Stanek introduced:

H. F. No. 2806, A bill for an act relating to crime; requiring individuals convicted of felony indecent exposure to register as predatory offenders; amending Minnesota Statutes 1996, section 243.166, subdivision 1.

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

Juhnke, Skoglund, Stanek and Broecker introduced:

H. F. No. 2807, A bill for an act relating to crime; appropriating money to the commissioner of public safety for the bureau of criminal apprehension to hire four additional full-time forensic scientists.

Knoblach introduced:

H. F. No. 2808, A bill for an act relating to state government; allowing elected local governing bodies to petition for amendment or repeal of agency rules; providing procedures for consideration of petitions; proposing coding for new law in Minnesota Statutes, chapter 14.

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

McElroy and Rest introduced:

H. F. No. 2809, A bill for an act relating to cities and towns; requiring copies of audited financial statements to be provided to members of the city council and the mayor, or to the town board members, and presented at a regularly scheduled meeting of the city or town's governing body; amending Minnesota Statutes 1996, section 471.697, subdivision 1.

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

Kahn introduced:

H. F. No. 2810, A bill for an act relating to state employment; allowing the office of technology to designate additional unclassified positions; allowing for the payment of accumulated vacation leave upon layoff; amending Minnesota Statutes 1996, section 43A.17, subdivision 8; Minnesota Statutes 1997 Supplement, section 43A.08, subdivision 1a.

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

Kahn introduced:

H. F. No. 2811, A bill for an act relating to technology; making technical changes to show director of office of technology as member of various organizations; amending Minnesota Statutes 1996, sections 62J.451, subdivision 9; and 116O.03, subdivision 2; Minnesota Statutes 1997 Supplement, section 44A.01, subdivision 2; and Laws 1995, First Special Session chapter 3, article 12, section 7, subdivision 1, as amended.

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

Stanek, Weaver, Broecker and Macklin introduced:

H. F. No. 2812, A bill for an act relating to crimes; requiring mandatory minimum sentences and lifetime probation for certain dangerous repeat offenders; amending Minnesota Statutes 1996, section 609.152, subdivision 2a, and by adding a subdivision.

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

Weaver, Stanek, Macklin, Broecker and Seagren introduced:

discharging a firearm outside of a municipality; authorizing peace officers to apprehend and detain a person on conditional release under certain circumstances; authorizing procedures for securing the appearance of material witnesses in criminal cases and investigations; specifying that the prosecution may reply in rebuttal to the closing argument of the defense; appropriating money for innovative court programs; amending Minnesota Statutes 1996, sections 244.05, subdivisions 4 and 5; 260.015, subdivision 21; 260.125, subdivision 1; 260.126, subdivisions 1 and 4; 260.155, subdivision 1; 299C.06; 299C.09; 340A.415; 340A.503, subdivision 6; 609.152, subdivision 2a; 609.66, subdivision 1a; and 629.34, subdivision 1; Minnesota Statutes 1997 Supplement, section 631.07; proposing coding for new law in Minnesota Statutes, chapters 299C; 609; and 629; repealing Minnesota Statutes 1996, sections 629.54; and 629.55.

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

Tomassoni; Anderson, I.; Davids; Koskinen and Slawik introduced:

H. F. No. 2814, A bill for an act relating to health; establishing a minimum definition of durable medical equipment; requiring disclosure of covered medical equipment and supplies; amending Minnesota Statutes 1996, sections 62E.06, subdivision 1; and 62L.05, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

McGuire introduced:

H. F. No. 2815, A bill for an act relating to data privacy; providing for data privacy for certain audit information; amending Minnesota Statutes 1996, section 13.794, subdivision 1.

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

Knoblach and Trimble introduced:

H. F. No. 2816, A bill for an act relating to economic development; modifying public notice requirements for sale or lease of property by a housing and redevelopment authority; amending Minnesota Statutes 1996, section 469.029, subdivision 2.

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

Opatz and Johnson, R., introduced:

H. F. No. 2817, A bill for an act relating to education; allowing campus withdrawal from student associations; changing representation in student associations; amending Minnesota Statutes 1996, section 136F.22, subdivisions 1 and 3.

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

Chaudhary, Koskinen, Skare and Evans introduced:

H. F. No. 2818, A bill for an act relating to financial institutions; prohibiting a certain type of fee charged for the use of automated teller machines; amending Minnesota Statutes 1996, sections 47.61, by adding a subdivision; and 47.64, by adding a subdivision.

Solberg and Tunheim introduced:

H. F. No. 2819, A bill for an act relating to human services; increasing reimbursement for dental services; amending Minnesota Statutes 1996, section 256B.76.

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

Orfield introduced:

H. F. No. 2820, A bill for an act relating to health; enhancing the patient protection act; establishing the office of health care consumer advocacy and information; appropriating money; amending Minnesota Statutes 1996, section 62M.09, subdivision 6; Minnesota Statutes 1997 Supplement, sections 62J.70, subdivision 3; 62J.71, subdivisions 1, 3, and 4; 62J.72, subdivision 1; and 62M.09, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 1996, section 62Q.105, subdivisions 2, 3, 4, 5, 6, 7, and 8; Minnesota Statutes 1997 Supplement, sections 62Q.105, subdivision 1; and 62Q.30.

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

McElroy and Rest introduced:

H. F. No. 2821, A bill for an act relating to taxes; defining terms; clarifying responsibility for decertifying tax increment financing districts; clarifying duration of tax increment financing reporting requirements; providing remedies for failure to file tax increment financing reports; clarifying when municipalities lose distributions of payments to county auditors; amending Minnesota Statutes 1996, sections 469.174, by adding a subdivision; 469.175, subdivisions 5, 6, 6a, and by adding a subdivision; 469.177, by adding a subdivision; and 469.1771, subdivision 5, and by adding a subdivision.

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

Kuisle, Peterson, Davids, Gunther and Tuma introduced:

H. F. No. 2822, A bill for an act relating to education; authorizing grants to reimburse school districts for additional construction expenditures related to the expansion of the state prevailing wage statute; appropriating money.

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

Johnson, R.; Swenson, H.; Kubly; Trimble and Dempsey introduced:

H. F. No. 2823, A bill for an act relating to capital improvements; appropriating money for a wastewater treatment plant in St. Peter; authorizing the sale of state bonds.

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

Pugh, Milbert, Tompkins, Wolf and Ozment introduced:

H. F. No. 2824, A bill for an act relating to Dakota county; clarifying the employment status of certain employees; amending Minnesota Statutes 1996, section 383D.41, by adding a subdivision.

Bradley, Wejcman, Boudreau, Jennings and Goodno introduced:

H. F. No. 2825, A bill for an act relating to employment; modifying the definition of employment and training service provider for purposes of the Minnesota Family Investment Program; amending Minnesota Statutes 1997 Supplement, section 256J.49, subdivision 4.

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

Evans, Boudreau and Slawik introduced:

H. F. No. 2826, A bill for an act relating to manufactured home parks; requiring the Minnesota department of health to conduct a study; appropriating money.

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

Workman introduced:

H. F. No. 2827, A bill for an act relating to occupations; abolishing the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design; amending Minnesota Statutes 1996, sections 16B.33, subdivision 1; 82B.035, subdivision 3; 103I.205, subdivision 4; 103I.601, subdivision 2; 214.01, subdivision 3; 214.04, subdivision 3; 299M.03, subdivision 1; 319A.02, subdivision 2; 326.53, subdivision 1; 471.371, subdivision 3; and 624.21; Minnesota Statutes 1997 Supplement, sections 319B.02, subdivision 19; and 544.42, subdivision 1; repealing Minnesota Statutes 1996, sections 216D.01, subdivision 6a; 326.02; 326.03; 326.031; 326.04; 326.05; 326.06; 326.07; 326.08; 326.09; 326.10; 326.11; 326.111; 326.12; 326.13; 326.14; and 326.15; Minnesota Rules, chapters 1800; and 1805.

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

Tingelstad, Huntley, Goodno and Jennings introduced:

H. F. No. 2828, A bill for an act relating to health; modifying the authority of the commissioner to approve public water supplies; providing for administrative fines against large public water suppliers; amending Minnesota Statutes 1996, sections 144.383; and 144.99, subdivision 4.

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

Murphy, Munger and Rukavina introduced:

H. F. No. 2829, A bill for an act relating to capital improvements; appropriating money for a city of Proctor community activity center; authorizing the sale of state bonds.

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

Seifert, Kubly, Davids, Trimble and Holsten introduced:

H. F. No. 2830, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the Marshall flood control project.

Leppik, Munger, Holsten, Weaver and Osthoff introduced:

H. F. No. 2831, A bill for an act relating to the environment; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing state bonds; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 84.027, subdivision 15; and 85.0505, by adding a subdivision.

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

Solberg introduced:

H. F. No. 2832, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for a regional learning resource center in Grand Rapids.

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

Leighton introduced:

H. F. No. 2833, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the domestic wastewater treatment plant phase two project in Austin.

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

Bakk, Huntley, Murphy and Jaros introduced:

H. F. No. 2834, A bill for an act relating to appropriations; appropriating money under the wastewater infrastructure loan program for certain municipalities.

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

Peterson and Kubly introduced:

H. F. No. 2835, A bill for an act relating to economic development; providing for a grant to the city of Montevideo for a downtown redevelopment project; appropriating money.

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

Opatz, Kelso and Carruthers introduced:

H. F. No. 2836, A bill for an act relating to education; defining home school for purposes of extracurricular activities; requiring school boards to allow all students to fully participate in extracurricular activities; amending Minnesota Statutes 1996, sections 120.73, subdivision 1; and 123.38, subdivision 2b.

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

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 12, A senate concurrent resolution providing session deadline dates for the legislature pursuant to Joint Rule 2.03.

Patrick E. Flahaven, Secretary of the Senate

The Senate Concurrent Resolution was referred to the Committee on Rules and Legislative Administration.

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

Seifert moved that the name of Rifenberg be added as an author on H. F. No. 999. The motion prevailed.

Wenzel moved that the name of Otremba, M., be added as an author on H. F. No. 2278. The motion prevailed.

Wenzel moved that the name of Otremba, M., be added as an author on H. F. No. 2279. The motion prevailed.

Wenzel moved that the name of Otremba, M., be added as an author on H. F. No. 2280. The motion prevailed.

Mullery moved that the name of Juhnke be added as an author on H. F. No. 2306. The motion prevailed.

Sviggum moved that the names of Rifenberg, Erickson and Knight be added as authors on H. F. No. 2322. The motion prevailed.

Anderson, B., moved that the names of Broecker and Tunheim be added as authors on H. F. No. 2353. The motion prevailed.

McElroy moved that the name of Tingelstad be added as an author on H. F. No. 2354. The motion prevailed.

Mullery moved that the name of Juhnke be added as an author on H. F. No. 2395. The motion prevailed.

Huntley moved that the names of Paymar and Slawik be added as authors on H. F. No. 2399. The motion prevailed.

Mullery moved that the name of Juhnke be added as an author on H. F. No. 2411. The motion prevailed.

Skoglund moved that the name of Juhnke be added as an author on H. F. No. 2421. The motion prevailed.

Evans moved that the name of Sekhon be added as an author on H. F. No. 2430. The motion prevailed.

Mullery moved that the name of Juhnke be added as an author on H. F. No. 2451. The motion prevailed.

Rukavina moved that the name of Tomassoni be added as an author on H. F. No. 2485. The motion prevailed.

Daggett moved that the name of Erhardt be added as an author on H. F. No. 2506. The motion prevailed.

Wejcman moved that the name of Tingelstad be added as an author on H. F. No. 2530. The motion prevailed.

Juhnke moved that the names of Murphy, Paymar, Stanek and McGuire be added as authors on H. F. No. 2594. The motion prevailed.

Macklin moved that the name of Erhardt be added as an author on H. F. No. 2604. The motion prevailed.

Johnson, A., moved that the name of Tingelstad be added as an author on H. F. No. 2608. The motion prevailed.

Mullery moved that H. F. No. 2271 be recalled from the Committee on Transportation and Transit and be re-referred to the Committee on Judiciary. The motion prevailed.

Marko moved that H. F. No. 2463 be recalled from the Committee on Taxes and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

Evans moved that H. F. No. 2584 be recalled from the Committee on Education and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance. The motion prevailed.

Winter moved that H. F. No. 2627 be recalled from the Committee on Governmental Operations and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

Entenza moved that H. F. No. 2723 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary. The motion prevailed.

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, January 29, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, January 29, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives