Journal of the House - 27th Day - Top of Page 1175

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

TWENTY-SEVENTH DAY

Saint Paul, Minnesota, Tuesday, March 25, 1997

 

The House of Representatives convened at 2:30 p.m. and was called to order by Linda Wejcman, Speaker pro tempore.

Prayer was offered by Representative Mary Murphy, District 8A, Hermantown, Minnesota.

The roll was called and the following members were present:

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

A quorum was present.

Pawlenty was excused.

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


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REPORTS OF CHIEF CLERK

S. F. No. 501 and H. F. No. 1032, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Entenza moved that the rules be so far suspended that S. F. No. 501 be substituted for H. F. No. 1032 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 171, A bill for an act relating to game and fish; permitting youth residents to hunt deer without a license tag; amending Minnesota Statutes 1996, section 97A.485, by adding a subdivision.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 272, A bill for an act relating to human services; adding provisions for licensing programs; imposing and modifying civil penalties; amending Minnesota Statutes 1996, sections 144.057, subdivision 1; 245A.02, subdivisions 15, 16, and 17; 245A.03, subdivision 2; 245A.04, subdivisions 3, 3a, 3b, 3c, 4, 5, 6, and 7; 245A.06, subdivisions 1, 3, 4, 5, 5a, 6, and 7; 245A.07, subdivisions 1 and 3; 245A.08, subdivisions 1 and 2; 245A.09, subdivision 7; 245A.11, subdivision 2; 245A.16, subdivision 2; 256E.115; and 364.09; proposing coding for new law in Minnesota Statutes, chapter 245A; proposing coding for new law as Minnesota Statutes, chapters 245B; and 245C; repealing Minnesota Statutes 1996, sections 245A.20; 245A.21; and 252.53; Minnesota Rules, parts 9503.0170, subpart 7; 9525.0215; 9525.0225; 9525.0235; 9525.0243; 9525.0245; 9525.0255; 9525.0265; 9525.0275; 9525.0285; 9525.0295; 9525.0305; 9525.0315; 9525.0325; 9525.0335; 9525.0345; 9525.0355; 9525.0500; 9525.0510; 9525.0520; 9525.0530; 9525.0540; 9525.0550; 9525.0560; 9525.0570; 9525.0580; 9525.0590; 9525.0600; 9525.0610; 9525.0620; 9525.0630; 9525.0640; 9525.0650; 9525.0660; 9525.1240, subpart 1, item E, subitem (6); 9525.1500; 9525.1510; 9525.1520; 9525.1530; 9525.1540; 9525.1550; 9525.1560; 9525.1570, subparts 2, 3, 4, 5, and 6; 9525.1590; 9525.1610; 9525.1620; 9525.1630; 9525.1640; 9525.1650; 9525.1660; 9525.1670; 9525.1680; 9525.1690; 9525.2000; 9525.2010; 9525.2020; 9525.2025; 9525.2030; 9525.2040; 9525.2050; 9525.2060; 9525.2070; 9525.2080; 9525.2090; 9525.2100; 9525.2110; 9525.2120; 9525.2130; 9525.2140; 9555.8000; 9555.8100; 9555.8200; 9555.8300; 9555.8400; and 9555.8500.

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 299, A bill for an act relating to state parks; adding to state parks; renaming O.L. Kipp state park; amending Minnesota Statutes 1996, section 85.012, by adding a subdivision; repealing Minnesota Statutes 1996, section 85.012, subdivision 46.

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 85.012, is amended by adding a subdivision to read:

Subd. 25a. Great River Bluffs state park, Winona county, which is renamed from O.L. Kipp state park.

Sec. 2. Minnesota Statutes 1996, section 85.0505, is amended to read:

85.0505 [SALE OF WINE AT DOUGLAS LODGE IN ITASCA STATE PARK FOOD AND BEVERAGE SERVICE IN STATE PARKS.]

Subdivision 1. [ITASCA STATE PARK.] Wine and beer may be sold and consumed by the drink at the restaurant in Douglas Lodge in Itasca State Park, subject to other laws relating to the sale of intoxicating liquor.

Subd. 2. [JOHN A. LATSCH STATE PARK.] (a) Liquor may be sold and consumed by the drink at the restaurant in John A. Latsch state park, subject to other laws relating to the sale of intoxicating liquor.

(b) The commissioner of natural resources may contract with a private person, firm, or corporation to operate the restaurant in John A. Latsch state park.

Sec. 3. Minnesota Statutes 1996, section 85.054, is amended by adding a subdivision to read:

Subd. 7. [TETTEGOUCHE STATE PARK.] A state park permit is not required and a fee may not be charged for motor vehicle entry or parking, for less than one hour, at Palisade Head in Tettegouche state park.

Sec. 4. [ADDITIONS TO STATE PARKS.]

Subdivision 1. [85.012] [Subd. 4.] [BEAR HEAD LAKE STATE PARK, ST. LOUIS COUNTY.] The following areas are added to Bear Head Lake state park, all in St. Louis county, Minnesota:

(1) Outlot A in the plat of Swanson Shores in Section 34, Township 62 North, Range 14 West; and

(2) Government Lots 1 and 2, Section 3, Township 61 North, Range 14 West.

Subd. 2. [85.012] [Subd. 19.] [FORESTVILLE STATE PARK, FILLMORE COUNTY.] The following area is added to Forestville state park: the Northeast Quarter of the Northeast Quarter of Section 23, Township 102 North, Range 12 West, Fillmore county, Minnesota.

The commissioner shall manage this addition as a state park as provided in section 86A.05, subdivision 3, but in addition to other activities authorized in Forestville state park, shall allow hunting.

Subd. 3. [85.012] [Subd. 30a.] [JOHN LATSCH STATE PARK, WINONA COUNTY.] The following areas are added to John Latsch state park, all in Township 108 North, Range 8 West, Winona county, Minnesota:

(1) Government Lot 1, Section 16;

(2) that part of Government Lots 1 and 2, Section 17, lying north and east of the right-of-way of the Chicago, Milwaukee, St. Paul, and Pacific Railroad Company; and

(3) that part of the East Half of Government Lot 3, Section 17, lying north and east of a line 35 feet riverward and parallel with the centerline of the Chicago, Milwaukee, St. Paul, and Pacific Railroad Company's riverward track, excepting therefrom that part of the East Half of Government Lot 3 acquired as tract Wi-1 by the United States Government on January 6, 1936, by condemnation.


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Subd. 4. [85.012] [Subd. 54.] [SPLIT ROCK LIGHTHOUSE STATE PARK, LAKE COUNTY.] The following areas are added to Split Rock Lighthouse state park, all in Section 33, Township 55 North, Range 8 West, Lake county, Minnesota:

(1) Government Lot 1, EXCEPT that part of said premises shown as Parcel 1142 on Minnesota Department of Transportation Right-of-Way Plat Numbered 38-1 filed in the office of the Registrar of Titles, Lake county, Minnesota, as Document No. 111,156; and

(2) Outlot 4, Government Lot 2.

Those lands in Government Lot 1 North and West of marked trunk highway number 61 shall remain open to hunting and other recreational uses as approved in the park management plan.

Sec. 5. [REPEALER.]

Minnesota Statutes 1996, section 85.012, subdivision 46, is repealed."

Delete the title and insert:

"A bill for an act relating to state parks; adding to state parks; renaming O.L. Kipp state park; permitting liquor sales in certain parks; authorizing the commissioner to contract out certain restaurant services; modifying state park permit exemptions; amending Minnesota Statutes 1996, sections 85.012, by adding a subdivision; 85.0505; and 85.054, by adding a subdivision; repealing Minnesota Statutes 1996, section 85.012, subdivision 46."

With the recommendation that when so amended the bill pass.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 418, A bill for an act relating to the Red River watershed management board; changing the description of the area subject to special authority of watershed districts; amending Laws 1976, chapter 162, section 1, as amended.

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 422, A bill for an act relating to economic development; providing funding for the cleanup of certain previously contaminated land; appropriating money; amending Minnesota Statutes 1996, section 115A.908, subdivision 2; repealing Minnesota Statutes 1996, section 115A.908, subdivision 3.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development and International Trade.

The report was adopted.


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

H. F. No. 423, A bill for an act relating to the metropolitan council; providing for an elected metropolitan council; providing for public financing of campaigns for council seats; imposing penalties; amending Minnesota Statutes 1996, sections 15.0597, subdivision 1; 204B.09, subdivisions 1 and 1a; 204B.135, subdivision 2; 204B.32, subdivision 2; 353D.01, subdivision 2; and 473.123, subdivisions 1, 2a, 3a, 4, 7, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 1996, section 473.123, subdivision 3.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 536, A bill for an act relating to agriculture; making changes in the Minnesota Commercial Feed Law; amending Minnesota Statutes 1996, sections 25.31; 25.32; 25.33, subdivisions 1, 5, 6, 9, 20, and by adding subdivisions; 25.35; 25.36; 25.37; 25.38; 25.39; 25.41; subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 25; repealing Minnesota Statutes 1996, section 25.34.

Reported the same back with the following amendments:

Page 1, after line 10, insert:

"Section 1. Minnesota Statutes 1996, section 18.79, is amended by adding a subdivision to read:

Subd. 12. [NOXIOUS WEED-FREE FORAGE AND MULCH CERTIFICATION AGENCY.] The official certification agency for noxious weed-free forage and mulch shall be determined by the commissioner of agriculture in consultation with the director of the Minnesota agricultural experiment station."

Page 2, line 29, delete ": (1)"

Page 2, lines 30 to 32, delete the new language and reinstate the stricken language

Page 4, delete lines 18 to 20

Page 4, line 21, delete "4" and insert "3"

Page 4, line 24, delete "5" and insert "4"

Page 6, line 18, delete "and"

Page 6, line 23, before the period, insert "; and

(8) for a customer formula feed for which the formula is developed by someone other than the manufacturer, a disclaimer may be included on the label stating "THIS FEED IS A CUSTOMER FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER. THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS INTENDED PURPOSE."

(c) The manufacturer of a customer formula feed or commercial feed, for which the formula is developed by someone other than the manufacturer, is not responsible or liable for the nutritional adequacy or the nutritional suitability of the feed for its intended purpose if:

(1) the manufacturer does not make a claim of nutritional adequacy for the customer formula feed and does not make a claim for nutritional suitability of the feed for its intended purpose; and


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(2) the manufacturer includes the disclaimer in paragraph (b), clause (8).

A person other than the manufacturer who develops or recommends a formula for a customer formula feed is responsible for providing to the manufacturer of the feed the appropriate labeling information and for providing the appropriate use information to the feed manufacturer"

Page 10, line 4, reinstate the stricken "(a)"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "providing for determination of an official certification agency;"

Page 1, line 4, after "sections" insert "18.79, by adding a subdivision;"

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 569, A bill for an act relating to agriculture; changing grain bank license requirements; repealing the interstate compact on agricultural grain marketing; amending Minnesota Statutes 1996, section 236.02, subdivisions 1 and 2; repealing Minnesota Statutes 1996, sections 236A.01; and 236A.02.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 17A.04, subdivision 1, is amended to read:

Subdivision 1. [LICENSING PROVISIONS.] Licenses shall be issued to livestock market agencies and public stockyards annually and shall expire on December 31 each year, renewable annually thereafter. A separate license must be obtained for each separate geographical location even though operated under the same management or same person, partnership, firm, corporation, or livestock market. The license issued to a livestock market agency and public stockyard shall be conspicuously posted at the licensee's place of business. Licenses shall be required for livestock dealers and their agents for the period beginning July 1 each year and ending June 30. The license issued to a livestock dealer or the agent of a livestock dealer shall be carried by the person so licensed. The livestock dealer shall be responsible for the acts of the dealer's agents. Licensed livestock market agencies, public stockyards, and livestock dealers shall be responsible for the faithful performance of duty of the public livestock weighers at their places of business. The license issued to a livestock market agency, public stockyard or livestock dealer or agent of a livestock dealer is not transferable. The operation of livestock market agencies, livestock dealers, agents and packers at a public stockyard are exempt from sections 17A.01 to 17A.091, and 17A.12 to 17A.17.

Sec. 2. Minnesota Statutes 1996, section 18B.30, is amended to read:

18B.30 [PESTICIDE USE LICENSE REQUIREMENT.]

A person may not use or supervise the use of a restricted use pesticide without a license or certification required under sections 18B.29 to 18B.35 and the use may only be done under conditions prescribed by the commissioner.


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Sec. 3. Minnesota Statutes 1996, section 18B.36, subdivision 1, is amended to read:

Subdivision 1. [REQUIREMENT.] (a) Except for a licensed commercial or noncommercial applicator, only a certified private applicator may use a restricted use pesticide to produce an agricultural commodity:

(1) as a traditional exchange of services without financial compensation; or

(2) on a site owned, rented, or managed by the person or the person's employees; or

(3) when the private applicator is one of two or fewer specified individuals employed as agricultural labor as defined by section 268.04, subdivision 12, paragraph (15), clause (a), at any time in agriculture on a farming unit or operation who are paid salary; and the owner/operator is a certified private applicator or is licensed as a noncommercial applicator.

(b) A private applicator may not purchase a restricted use pesticide without presenting a certified private applicator card or the card number.

Sec. 4. Minnesota Statutes 1996, section 231.01, subdivision 5, is amended to read:

Subd. 5. [WAREHOUSE OPERATOR.] The term "warehouse operator," as used in this chapter, means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual, their trustees, assignees, or receivers appointed by any court, controlling, operating, or managing within this state directly or indirectly, any building or structure, or any part thereof, or any buildings or structures, or any other property, and using the same for the storage or warehousing of goods, wares, or merchandise for compensation, or who shall hold itself out as being in the storage or warehouse business, or as offering storage or warehouse facilities, or advertise for, solicit or accept goods, wares, or merchandise for storage for compensation, but shall not include persons, corporations, or other parties operating open air storage facilities containing minerals, ores, steel, or rock products such as, but not limited to, aggregates, clays, railroad ballast, iron ore, copper ore, nickel ore, limestone, coal, and salt or operating grain or cold storage warehouses, or storing on a seasonal basis boats, boating accessories, recreational vehicles or recreational equipment or facilities in which the party storing goods rents and occupies space as a tenant and the entire risk of loss is with the tenant pursuant to written contract between the landlord and tenant.

Sec. 5. Minnesota Statutes 1996, section 236.02, subdivision 1, is amended to read:

Subdivision 1. [LICENSING REQUIREMENT.] A person who (1) operates an establishment that processes grain into feed and (2) is licensed to buy grain as a public or private local grain warehouse operator under section 232.22 223.17 may obtain a license to operate a grain bank. A person licensed under section 232.22 to operate a public grain warehouse is not required to obtain a separate grain bank license. No person may conduct a grain bank without a grain bank license or a public grain warehouse operator's license.

Sec. 6. Minnesota Statutes 1996, section 236.02, subdivision 2, is amended to read:

Subd. 2. [ISSUANCE.] A grain bank license must be obtained from the department. The department may issue a grain bank license when the applicant has complied with the bond requirements of sections 236.01 to 236.09. A grain bank license is required in addition to a license to buy grain as a public or private local grain warehouse operator and permits the licensee to conduct a grain bank in accordance with sections 236.01 to 236.09.

Sec. 7. [REPEALER.]

Minnesota Statutes 1996, sections 236A.01; and 236A.02, are repealed.

Sec. 8. [EFFECTIVE DATE.]

Section 4 is effective the day following final enactment. "


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Delete the title and insert:

"A bill for an act relating to agriculture; changing certain license requirements; clarifying certain terms; repealing the interstate compact on agricultural grain marketing; amending Minnesota Statutes 1996, sections 17A.04, subdivision 1; 18B.30; 18B.36, subdivision 1; 231.01, subdivision 5; and 236.02, subdivisions 1 and 2; repealing Minnesota Statutes 1996, sections 236A.01; and 236A.02."

With the recommendation that when so amended the bill pass.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 621, A bill for an act relating to game and fish; reserving first weekend of special deer hunt seasons for hunters under age 16; amending Minnesota Statutes 1996, section 97B.311.

Reported the same back with the following amendments:

Page 1, line 25, delete "the first" and insert "a" and delete "is" and insert "outside of the regular firearms season may be"

Page 2, line 3, delete "doe" and insert "antlerless deer" and delete "and"

Page 2, line 4, before the period, insert ", and an antlerless deer taken under this subdivision does not affect any privileges under section 97B.301, subdivision 6"

Amend the title as follows:

Page 1, line 2, delete "first" and insert "a"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 642, A bill for an act relating to civil actions; creating a state court action for relief for damages caused by a federal court action that affects public participation by the plaintiff; proposing coding for new law in Minnesota Statutes, chapter 554.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 806, A bill for an act relating to taxation; property tax; clarifying status of fish as agricultural products for purposes of classification as agricultural land; amending Minnesota Statutes 1996, section 273.13, subdivision 23.

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

The report was adopted.


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

H. F. No. 929, A bill for an act relating to insurance; creating a statewide health care consumer assistance program; prohibiting contracts that restrict communication between providers and their patients; requiring certain disclosures by health care providers and health plan companies; requiring health plan companies to provide continuity of care and access to specialty care for certain enrollees; prohibiting certain exclusive arrangements; requiring annual certification of compliance with this act by health plan companies; appropriating money; amending Minnesota Statutes 1996, section 181.932, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 62J; and 62Q; repealing Minnesota Statutes 1996, sections 62J.2911; 62J.2912; 62J.2913; 62J.2914; 62J.2915; 62J.2916; 62J.2917; 62J.2918; 62J.2919; 62J.2920; 62J.2921; 62Q.105, subdivisions 2, 3, 4, and 8; and 62Q.11.

Reported the same back with the following amendments:

Page 6, delete lines 34 to 36 and insert:

"Subd. 4. [CONSUMER ADVISORY BOARD.] (a) The consumer advisory board consists of 18 members appointed in accordance with paragraph (b). All members must be public, consumer members who:

(1) do not have and never have had a material interest in either the provision of health care services or in an activity directly related to the provision of health care services, such as health insurance sales or health plan administration; and

(2) are not registered lobbyists.

(b) The governor, the speaker of the house of representatives, and the subcommittee on committees of the committee on rules and administration of the senate shall each appoint two members. The Indian affairs council, the council on affairs of Chicano/Latino people, the council on Black Minnesotans, the council on Asian-Pacific Minnesotans, Mid-Minnesota Legal Assistance, and the Minnesota chamber of commerce shall each appoint one member. The member appointed by the Minnesota chamber of commerce must represent small business interests. The health care campaign of Minnesota, Minnesotans for affordable health care, and consortium for citizens with disabilities shall each appoint two members. Members serve without compensation or reimbursement for expenses.

(c) The board shall:

(1) advise the commissioner in preparing a request for proposals for the contract required by subdivision 2;

(2) make recommendations to the commissioner and the operator of the health care consumer assistance program during its implementation and operation, including recommendations on future funding levels and mechanisms; and

(3) report to the legislature by January 15 of each year on the level of consumer protections contained in self-insured plans and on trends in patient complaints and resolution of those complaints. The board and this subdivision expire June 30, 2001."

Page 7, delete lines 1 to 24

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1036, A bill for an act relating to human services; establishing program integrity initiatives; providing access to child support enforcement central registry; amending Minnesota Statutes 1996, sections 13.46, subdivision 2; 13.82, subdivision 1; 13.99, by adding a subdivision; 256.01, subdivision 2; 256.017, subdivision 2; 256.019; 256.045,


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subdivision 3; 256.046; 256.98, subdivisions 1, 3, 4, and 8; 256.983, subdivisions 1 and 4; 256.984, subdivision 1; 256.986; 256.9861, subdivisions 1, 2, 4, and 5; 256.998, by adding subdivisions; 256B.056, subdivision 1a; 256B.057, subdivision 2a; 256D.09, subdivision 6; 270A.03, subdivision 5; 388.23, subdivision 1; and 393.07, subdivision 10; proposing coding for new law in Minnesota Statutes, chapter 256.

Reported the same back with the following amendments:

Page 1, delete lines 18 and 19

Pages 1 to 5, delete section 1

Page 6, line 5, strike the second "and"

Page 6, line 7, delete everything after the first "and"

Page 6, line 8, delete "programs" and insert "the program integrity section and county human services agency client and provider fraud prevention and control units"

Page 13, line 23, reinstate the stricken language and insert "in effect until January 1, 1998,"

Page 13, lines 29 and 33, after "control" insert "/quality assurance"

Page 13, lines 34 and 35, reinstate the stricken language and insert "in effect until January 1, 1998,"

Page 14, line 8, after "MFIP-S," insert "general assistance"

Page 14, lines 12 to 14, delete the new language and strike the old language

Page 14, line 15, strike "except" and insert "the county may keep one-half of any recovery made by the county agency using any method other than recoupment. For medical assistance,"

Page 16, after line 20, insert:

"(d) The commissioner may summarily affirm the county or state agency's proposed action without a hearing when the sole issue is an automatic change due to a change in state or federal law."

Page 16, line 24, strike "may" and insert "shall"

Page 16, line 27, after "violations" insert ", in lieu of a criminal action,"

Pages 17 to 20, delete sections 8 to 11 and insert:

"Sec. 7. [256.0471] [OVERPAYMENTS BECOME JUDGMENTS BY OPERATION OF LAW.]

Subdivision 1. [QUALIFYING OVERPAYMENT.] Any overpayment for assistance granted under sections 256.031 to 256.0361, 256.72 to 256.871, and 256H.05; chapters 256B, 256D, 256I, 256J, and 256K; and the food stamp program, except agency error claims, becomes a judgment by operation of law 90 days after the notice of overpayment is personally served upon the recipient in a manner that is sufficient under rule 4.03(a) of the Rules of Civil Procedure or by certified mail, return receipt requested. This judgment shall be entitled to full faith and credit in this and any other state.

Subd. 2. [OVERPAYMENTS INCLUDED.] This section is limited to overpayments for which notification is issued within the time period specified under section 541.05.

Subd. 3. [NOTIFICATION REQUIREMENTS.] A judgment is only obtained after:

(1) a notice of overpayment has been personally served on the recipient or former recipient in a manner sufficient under rule 4.03(a) of the Rules of Civil Procedure for district courts, or mailed to the recipient or former recipient by certified mail, return receipt requested; and


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(2) the time period under section 256.045, subdivision 3, has elapsed without a request for a hearing, or a hearing decision has been rendered under section 256.045 or 256.046 which concludes the existence of an overpayment that meets the requirements of this section.

Subd. 4. [NOTICE OF OVERPAYMENT.] The notice of overpayment shall include the amount and cause of the overpayment, appeal rights, and an explanation of the consequences of the judgment that will be established if an appeal is not filed timely or if the administrative hearing decision establishes that there is an overpayment which qualifies for judgment.

Subd. 5. [JUDGMENTS ENTERED AND DOCKETED.] A judgment shall be entered and docketed under section 548.09 only after at least three months have elapsed since:

(1) the notice of overpayment was served on the recipient under subdivision 3; and

(2) the last time a monthly recoupment was applied to the overpayment.

Subd. 6. [DOCKETING OF OVERPAYMENTS.] On or after the date an unpaid overpayment becomes a judgment by operation of law under subdivision 1, the agency or public authority may file with the court administrator:

(1) a statement identifying, or a copy of, the overpayment notice which provides for an appeal process and requires payment of the overpayment;

(2) proof of service of the notice of overpayment;

(3) an affidavit of default, stating the full name, occupation, place of residence, and last name of the debtor; the name and post office address of the agency or public authority; the date or dates the overpayment was incurred; the program that was overpaid; and the total amount of the judgment; and

(4) an affidavit of service of a notice of entry of judgment made by first class mail at the address where the debtor was served with the notice of overpayment. Service is completed upon mailing in the manner designated.

Subd. 7. [DOES NOT IMPEDE OTHER METHODS.] Nothing in this section shall be construed to impede or restrict alternative recovery methods for these overpayments or overpayments which do not meet the requirements of this section.

Sec. 8. Minnesota Statutes 1996, section 256.98, subdivision 1, is amended to read:

Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person who commits any of the following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897, 256.12, 256.031 to 256.0361, 256.72 to 256.871, 256.9351 to 256.966, child care, MFIP-S, chapter 256B, 256D, 256J, or 256K, or all of these sections, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses (1) to (5):

(1) obtains, or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation, by intentional concealment of a any material fact, or by impersonation or other fraudulent device, assistance or the continued receipt of assistance, including, but not limited to, child care or vouchers produced according to sections 145.891 to 145.897 and MinnesotaCare services according to sections 256.9351 to 256.966, to which the person is not entitled or assistance greater than that to which the person is entitled, or who; or

(2) knowingly aids or abets in buying or in any way disposing of the property of a recipient or applicant of assistance without the consent of the county agency with intent to defeat the purposes of sections 256.12, 256.031 to 256.0361, 256.72 to 256.871, and chapter 256B, or all of these sections is guilty of theft and shall be sentenced pursuant to section 609.52, subdivision 3, clauses (2), (3)(a) and (c), (4), and (5).

The continued receipt of assistance to which the person is not entitled or greater than that to which the person is entitled as a result of any of the acts, failure to act, or concealment described in this subdivision shall be deemed to be continuing offenses from the date that the first act or failure to act occurred.


Journal of the House - 27th Day - Top of Page 1186

Sec. 9. Minnesota Statutes 1996, section 256.98, subdivision 4, is amended to read:

Subd. 4. [RECOVERY OF ASSISTANCE.] The amount of assistance determined to have been incorrectly paid is recoverable from:

(1) the recipient or the recipient's estate by the county or the state as a debt due the county or the state or both in proportion to the contribution of each.; and

(2) any person found to have taken independent action to establish eligibility for, conspired with, or aided and abetted, any recipient of public assistance found to have been incorrectly paid."

Page 22, line 26, strike "three-month" and insert "three consecutive month"

Page 23, line 3, strike "during the grant year" and insert a comma

Page 23, line 5, delete "and" and insert "or"

Page 23, line 13, delete "and" and insert "or" and delete "256J,"

Page 23, line 14, delete "and" and insert "or MFIP-S or"

Page 24, line 21, after "year" insert "for the purpose of allocating federal and state funding and appropriations"

Page 25, line 8, after the second "of" insert "the submission of statistical"

Page 25, line 9, strike "received from prosecutors"

Page 26, line 32, delete "at less frequent intervals,"

Page 27, delete section 23 and insert:

"Sec. 21. [256.9865] [RECOVERY OF OVERPAYMENTS AND ATM ERRORS.]

Subdivision 1. [OBLIGATION TO RECOVER.] If an amount of MFIP-S assistance is paid to a recipient in excess of the payment due, it shall be recoverable by the county agency. This recovery authority also extends to preexisting claims or newly discovered claims established under the AFDC program in effect on January 1, 1997. The agency shall give written notice to the recipient of its intention to recover the overpayment. County agency efforts and financial contributions shall be maintained at the level in place during fiscal year 1996.

Subd. 2. [VOLUNTARY REPAYMENTS.] Overpayments may also be voluntarily repaid, in part or in full, by the individual, in addition to the aid reductions in subdivision 2, to include further voluntary reductions in the grant level agreed to in writing by the individual, until the total amount of the overpayment is repaid.

Subd. 3. [CLOSED CASE RECOVERIES.] The county agency shall make reasonable efforts to recover overpayments to persons no longer on assistance according to standards adopted by rule by the commissioner of human services. The county agency need not attempt to recover overpayments of less than $35 paid to an individual no longer on assistance unless the individual has been convicted of fraud under section 256.98."

Pages 28 to 30, delete sections 25 and 26

Page 30, line 14, delete the new language and reinstate the stricken language

Page 30, line 16, delete "20" and insert "ten "


Journal of the House - 27th Day - Top of Page 1187

Pages 31 and 32, delete section 28 and insert:

"Sec. 24. Minnesota Statutes 1996, section 270A.03, subdivision 5, is amended to read:

Subd. 5. [DEBT.] "Debt" means a legal obligation of a natural person to pay a fixed and certain amount of money, which equals or exceeds $25 and which is due and payable to a claimant agency. The term includes criminal fines imposed under section 609.10 or 609.125 and restitution. A debt may arise under a contractual or statutory obligation, a court order, or other legal obligation, but need not have been reduced to judgment.

A debt does not include includes any legal obligation of a current recipient of assistance which is based on overpayment of an assistance grant where that payment is based on a client waiver or an administrative or judicial finding of an intentional program violation, or where the debt is owed to a program wherein the debtor is not a client at the time notification is provided to initiate recovery under this chapter.

A debt does not include any legal obligation to pay a claimant agency for medical care, including hospitalization if the income of the debtor at the time when the medical care was rendered does not exceed the following amount:

(1) for an unmarried debtor, an income of $6,400 or less;

(2) for a debtor with one dependent, an income of $8,200 or less;

(3) for a debtor with two dependents, an income of $9,700 or less;

(4) for a debtor with three dependents, an income of $11,000 or less;

(5) for a debtor with four dependents, an income of $11,600 or less; and

(6) for a debtor with five or more dependents, an income of $12,100 or less.

The income amounts in this subdivision shall be adjusted for inflation for debts incurred in calendar years 1991 and thereafter. The dollar amount of each income level that applied to debts incurred in the prior year shall be increased in the same manner as provided in section 290.06, subdivision 2d, for the expansion of the tax rate brackets."

Page 35, after line 16, insert:

"Sec. 28. [UNDOCUMENTED PERSONS NOTIFICATION.]

County agencies in consultation with the department of human services shall provide notification to undocumented persons regarding the release of personal data and develop protocols regarding the release or sharing of data about undocumented persons with the Immigration and Naturalization Service (INS) according to sections 404, 434, and 411A of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996."

Page 35, delete lines 19 to 36

Page 36, delete lines 1 to 23

Renumber the sections in sequence and correct internal references

Amend the title accordingly

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

The report was adopted.


Journal of the House - 27th Day - Top of Page 1188

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

H. F. No. 1038, A bill for an act relating to employment; providing for a wage protection program; providing penalties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 181.

Reported the same back with the following amendments:

Page 1, line 25, delete "Application for"

Page 2, line 2, delete everything after "account" and insert ". The commissioner of economic security may adopt rules establishing application deadlines and other criteria for disbursements from the account."

Page 2, line 3, delete everything before "The"

Page 2, after line 21, insert:

"Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective July 1, 1997, and apply only to wages earned after that date."

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1082, A bill for an act relating to game and fish; modifying aquatic farm fees and requirements; modifying terms of crop protection assistance; modifying game license fees; modifying commercial fishing fees and requirements; requiring special season Canada goose license; modifying commercial netting provisions; amending Minnesota Statutes 1996, sections 17.4988; 97A.028, subdivisions 1 and 3; 97A.075, subdivision 1; 97A.475; 97A.485, subdivision 6; 97C.501, subdivision 2; 97C.801, subdivision 2; and 97C.835, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 1996, sections 97A.475, subdivisions 14, 25, 31, 32, 33, 34, 35, 36, and 37; and 97C.801, subdivision 1.

Reported the same back with the following amendments:

Page 3, line 35, delete "$750" and insert "$1,500"

Page 4, line 26, strike "resident"

Page 4, lines 27, 29, and 36, strike "resident"

Page 8, lines 11 and 12, delete the new language and reinstate the stricken language

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

The report was adopted.


Journal of the House - 27th Day - Top of Page 1189

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

H. F. No. 1111, A bill for an act relating to traffic regulations; allowing a trailer carrying an off-highway motorcycle, off-road vehicle, snowmobile, or all-terrain vehicle to be drawn as part of a recreational vehicle combination; amending Minnesota Statutes 1996, sections 169.01, subdivision 78; and 169.81, subdivision 3c.

Reported the same back with the following amendments:

Page 1, line 18, delete everything after "7;"

Page 1, line 19, delete everything before "snowmobile"

Page 2, line 14, strike everything after "length"

Page 2, line 15, strike "thereafter"

Page 2, line 19, delete "off-road vehicle,"

Amend the title as follows:

Page 1, line 3, delete "off-road vehicle,"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 1172, A bill for an act relating to telecommunications; providing policies to carry out the state's role in telecommunications regulation; providing for a state policy encouraging high speed telecommunication services and greater capacity for services; providing for a single statewide local access and transport area (LATA); amending Minnesota Statutes 1996, section 8.33, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 237.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 237.071, is amended to read:

237.071 [SPECIAL PRICING.]

(a) Except as prohibited by section 237.60, subdivision 3, prices unique to a particular customer or group of customers may be allowed for noncompetitive services and for services subject to emerging competition when differences in the cost of providing a service or a service element justifies a different price for a particular customer or group of customers. Individual pricing for services subject to emerging competition may be allowed when a uniform price should not be required because of market conditions. Unique or individual prices for services or service elements in effect before July 1, 1989, are deemed to have been approved under this section.

(b) A telephone company may package and promote any regulated service it offers with any other service at a package price established by the company so long as the company continues to offer the individual regulated services on a separate stand-alone basis at its established tariff rate or price. A telephone company may offer, amend, or withdraw such packages effective on notice to the commission.


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Sec. 2. Minnesota Statutes 1996, section 237.12, is amended by adding a subdivision to read:

Subd. 4. [PRICES FOR INTERCONNECTION OR NETWORK ELEMENTS.] (a) The prices for interconnection or network elements established by the commission shall be based on technology that is currently generally available and shall include at least the following:

(1) forward-looking depreciation expense for capitalized assets;

(2) available Minnesota specific cost data including current market prices for equipment and materials, current actual placement costs, and tax rates; and

(3) factors and expenses based on currently incurred costs adjusted for known changes.

The prices set by the commission shall also include a reasonable allocation of actual joint and common costs and a reasonable profit based on the company's current cost of capital.

(b) The price applicable to each telecommunications service that a telephone company must resell at wholesale rates shall be equal to the retail price for the service:

(1) less any actually avoided costs associated with selling the service at wholesale;

(2) plus any additional costs incurred by the telecommunications carrier associated with making each service available on a wholesale basis.

Wholesale discounts shall, at a minimum, be set at a level that permits recovery of the actual costs of providing each service so that no service, after the application of the discount, shall be sold below cost.

(c) No external or internal subsidies or adjustments shall be used to calculate actual or avoided costs. There shall be no imputations of any sort based upon affiliated relationships.

Sec. 3. Minnesota Statutes 1996, section 237.121, is amended to read:

237.121 [PROHIBITED PRACTICES.]

A telephone company or telecommunications carrier may not do any of the following with respect to services regulated by the commission:

(1) upon request, fail to disclose in a timely and uniform manner information necessary for the design of equipment and services that will meet the specifications for interconnection;

(2) intentionally impair the speed, quality, or efficiency of services, products, or facilities offered to a consumer under a tariff, contract, or price list wholesale or retail customer;

(3) fail to provide a service, product, or facility to a consumer other than a telephone company or telecommunications carrier retail customer in accordance with its applicable tariffs, price lists, or contracts and with the commission's rules and orders;

(4) refuse to provide a service, product, or facility to a telephone company or telecommunications carrier in accordance with its applicable tariffs, price lists, or contracts and with the commission's rules and orders;

(5) prohibit or impose restrictions on the resale or shared use of its services or network functions, provided that unreasonable or discriminatory conditions or limitations on the resale of telecommunications service, except that the state commission may prohibit a reseller that obtains at wholesale rates a telecommunications service that is available at retail only to one category of subscribers from offering the service to a different category of subscribers. For purposes of this section, at least the following restrictions are deemed reasonable:

(i) it may require requiring that residential service may not be resold as a different class of service; and


Journal of the House - 27th Day - Top of Page 1191

(ii) the commission may prohibit prohibiting resale of services it has approved for provision for not-for-profit entities at rates less than those offered to the general public; or

(6) provide telephone service to a person acting as a telephone company or telecommunications carrier if the commission has ordered the telephone company or telecommunications carrier to discontinue service to that person.

Sec. 4. Minnesota Statutes 1996, section 237.22, is amended to read:

237.22 [DEPRECIATION; AMORTIZATION; FUTURE RATES.]

The commission shall fix proper and adequate rates and methods of depreciation and amortization with respect to telephone company property and every telephone company shall conform its depreciation accounts for property used in whole or in part to provide noncompetitive services to the rates and methods fixed by the commission.

Subsequent to the date of enactment of this section, the depreciation expense that telephone companies shall be permitted to recover in rates shall be based upon the depreciation lives reflected in the telephone company's audited book and records for financial reporting purposes.

Sec. 5. Minnesota Statutes 1996, section 237.761, subdivision 4, is amended to read:

Subd. 4. [FLEXIBLY PRICED SERVICES.] (a) A service not listed in subdivision 3 or not otherwise determined to be price regulated under subdivision 6 or 7 or nonprice regulated must be classified as a flexibly priced service.

(b) Flexibly priced services are regulated consistent with section 237.60, subdivision 2, except that:

(1) rate decreases may be effective immediately upon filing and are considered approved if no objection is filed or raised by an interested party or the commission within ten days after the filing; and

(2) rate increases may be effective 20 days after filing and are considered approved if no objection is filed or raised by an interested party or the commission within 20 days after the filing. If the commission receives an objection, it shall make a final decision within 60 days of the initial filing date.

Sec. 6. Minnesota Statutes 1996, section 237.761, subdivision 5, is amended to read:

Subd. 5. [NON-PRICE-REGULATED SERVICES.] (a) A The following services are classified as non-price-regulated services:

(1) billing or collections, excluding recording;

(2) CENTREX/CENTRON;

(3) toll service;

(4) WATS service;

(5) voice messaging service;

(6) directory assistance;

(7) coin, except access line;

(8) operator services;

(9) private line/special access; and


Journal of the House - 27th Day - Top of Page 1192

(10) services that generate less than five percent of the company's gross revenues for the calendar year preceding the effective date of the plan.

(b) Any other service must be classified as non-price-regulated if the commission finds, based upon evidence filed by the telephone company and other evidence available to the commission and consistent with the company's proposed plan, that there is sufficient competition to justify classification as non-price-regulated. In making that determination, the factors the commission shall consider include:

(1) the number, size, and identity of competitors providing the same or functionally equivalent service;

(2) the geographic area in which competitive service is actually available to and being used by customers, to the extent this information is available to the commission;

(3) the importance of the service to the public; and

(4) the effect of classification of the service on the development of a competitive telecommunications market.

(b) (c) Telephone companies shall file tariffs or price lists for non-price-regulated services with the commission, but the rates for these services are not subject to commission approval or investigation except as provided in subdivision 6 and sections 237.762, subdivision 6, 237.770, and 237.771.

Sec. 7. Minnesota Statutes 1996, section 237.761, subdivision 6, is amended to read:

Subd. 6. [RECLASSIFICATION.] An alternative regulation plan may contain provisions allowing for the reclassification of services during the course of the plan upon a showing that the service meets the criteria contained in subdivision 2, 3, 4, or 5, and the plan, for the requested classification. The commission shall make a final decision on any reclassification within the time frame specified in the plan.

Sec. 8. Minnesota Statutes 1996, section 237.761, subdivision 7, is amended to read:

Subd. 7. [NEW SERVICES; CLASSIFICATION; RATES.] At the time the company first offers a service, it shall file a tariff or price list and the proposed classification for the service under the plan along with a written explanation of why the proposed classification is consistent with this section classify the service as nonprice regulated. New services classified as flexibly priced or nonprice regulated may be offered on one day's notice to the commission and the department. New services classified as price regulated may be offered pursuant to the terms set forth in the plan. A service is not considered may be introduced as a new service even if it consists of a repackaging including bundling, unbundling, or repricing of an already existing service as long as the company continues to offer the existing service on a stand-alone basis. If no interested party or the commission objects to the company's proposed classification within 30 days of the filing of the petition, the company's proposed classification of the service is approved. If an objection is filed, the commission shall determine the classification of the service within 90 days of the filing of the new service.

Sec. 9. Minnesota Statutes 1996, section 237.762, subdivision 1, is amended to read:

Subdivision 1. [INITIAL RATES.] As part of its evaluation of an alternative regulation plan, the commission shall determine whether the telephone company's existing service substantially complies with commission rules and if its rates and rate design are appropriate in light of the proposed plan or whether changes should be made before the plan is implemented or phased in during the course of the plan. An alternative regulation plan approved by the commission under this section must provide that the recurring and nonrecurring rates or prices that may be charged by a telephone company for price-regulated services are no higher than the approved rate or prices on file with the commission for those services on the date of the filing of the plan. Furthermore, no plan may in any way change the terms or conditions of any access charge settlements approved by the commission or exempt any company from compliance with any commission access charge order issued before the filing of a plan. The plan must address implementation of additional access charge reductions that may occur during that portion of the plan that extends beyond expiration of commission-approved settlements.

Sec. 10. Minnesota Statutes 1996, section 237.762, subdivision 3, is amended to read:

Subd. 3. [RATE CHANGES.] (a) An alternative regulation plan must set forth the procedures under which the telephone company may reduce the rates or prices for price-regulated services below the initial rates or prices or thereafter increase the rates or prices during the term of the plan. The rates or prices may not be reduced below the total service long-run


Journal of the House - 27th Day - Top of Page 1193

incremental cost of providing the service. The rates or prices may not exceed the initial rates or prices for the service determined under subdivision 1 for the first three two years of the plan. After a plan has been in effect for three two years, price-regulated rates may be changed as appropriate under a procedure set forth in an approved plan. Rates for price-regulated services may not be increased unless the company has demonstrated substantial compliance with the quality of service standards set forth in the plan.

(b) An approved plan may allow changes in rates for price-regulated services after three years one year to reflect:

(1) substantial financial impacts of government mandates to construct specific telephone infrastructure and increases or decreases in state and federal taxes, if the mandate applies to local telephone companies and the company would not otherwise be compensated through some other manner under the plan; and

(2) changes in jurisdictional allocations from the Federal Communications Commission, the amount of which the telephone company cannot control and for which equal and opposite exogenous changes are made on the federal level.

(1) changes in state and federal taxes;

(2) changes in jurisdictional allocations from the federal communications commission, the amount of which the telephone company cannot control and for which equal and opposite exogenous changes are made on the federal level;

(3) substantial financial impacts of investments in telecommunications infrastructure which are made:

(i) if the investments, for any running 12-month period, exceed 20 percent of the gross plan investment of the company; or

(ii) as the result of a government mandate to construct specific telephone infrastructure, the mandate applies to a local telephone company, and the company is not otherwise fully compensated for the investment; and

(4) substantial financial impacts associated with access charge reform mandated by state or federal government.

Sec. 11. Minnesota Statutes 1996, section 237.762, subdivision 4, is amended to read:

Subd. 4. [BUNDLED RATES PACKAGED SERVICES.] When the rates or prices for services are unbundled, the price for each basic network function must be set to equal or exceed its total service long-run incremental cost. Before August 1, 1997, if the rates or prices for price-regulated services are bundled, the bundled rate or price may not exceed the sum of the unbundled rates or prices for the individual service elements or services or the total initial bundled rate or price for those service elements or services Nothing in this section shall be deemed to prevent a telephone company from packaging any service listed in Minnesota Statutes 1996, section 237.761, subdivision 2, with any other service, or engaging in promotional activities concerning such services, so long as the company also continues to offer the service listed in Minnesota Statutes 1996, section 237.761, subdivision 2, as a separate stand-alone service at the prices required by this section.

Sec. 12. Minnesota Statutes 1996, section 237.762, subdivision 5, is amended to read:

Subd. 5. [INCOME-NEUTRAL CHANGES.] Other than as authorized in this subdivision chapter, an initial alternative regulation plan must not permit income-neutral rate changes for price-regulated services during the plan except as is necessary to implement extended area service or any successor to that service. Any plan must provide that after the rules issued pursuant to section 237.16 are adopted, rates for price-regulated services may be increased, as approved by the commission, to the extent necessary to carry out the purpose of those rules. However, rate increases, if any, for those services must be incorporated with a universal service fund so that the effective rate for the customers of those services does not increase during the first three years of the plan.

Sec. 13. Minnesota Statutes 1996, section 237.764, subdivision 1, is amended to read:

Subdivision 1. [PETITION, NOTICE, HEARING, AND DECISION.] (a) Before acting on a petition for approval of an alternative regulation plan, the commission shall conduct any public meetings it may consider necessary.


Journal of the House - 27th Day - Top of Page 1194

(b) The commission shall require the petitioning telephone company to provide notice of the proposed plan to its customers, along with a summary description of the plan provisions and the dates, times, and locations of public meetings scheduled by the commission.

(c) The company's petition shall contain an explanation of how ratepayers will benefit from the plan and a justification of the appropriateness of earnings levels and rates in light of the proposed plan as well as any proposed changes in rates for price-regulated services for the first three years of the proposed plan. If a telephone company has completed a general rate proceeding, rate investigation, or audit of its earnings by the department or commission within two years of the initial application for an alternative form of regulation plan, the commission order or department audit report, updated for the most recent calendar year, is sufficient justification of earnings levels to initiate the filing of an alternative regulation plan. If, at the time of the filing of the plan, a telephone company is providing interconnection service pursuant to a contract approved by the commission, to a competing carrier that provides local service using its own switch and facilities, the current earnings level of the company is deemed reasonable and no further justification required.

(d) The commission shall conduct a proceeding under section 237.61 to decide whether to approve the plan and shall grant discovery as appropriate.

(e) The commission shall issue findings of fact and conclusions concerning the appropriateness of the proposed initial rates, when necessary, and the proposed plan, or any modifications to it, but may not order that a modified plan take effect without the agreement of the petitioning telephone company. The commission shall issue its decision on a plan within six months after receiving the petition to approve the plan unless the commission and the petitioning company agree to an extension of the time for commission action.

(f) If a settlement is submitted to the commission, the commission shall accept, reject, or modify the proposed settlement within 60 days from the date it was submitted.

Sec. 14. Minnesota Statutes 1996, section 237.765, is amended to read:

237.765 [QUALITY OF SERVICE.]

For an alternative regulation plan to be approved by the commission under sections 237.76 to 237.774, the plan must contain and either an existing service quality plan or settlement approved by the commission or, if no such service quality plan or settlement has been approved, the commission shall require:

(1) evidence that current service quality substantially complies with commission rules as to justify lessened rate regulation;

(2) a baseline measurement of the quality of service levels as achieved by the company during the previous three years, to the extent the data are available, and specific statewide standards for measuring the quality of price-regulated and flexibly priced services provided by the company, including, but not limited to (i) time intervals for installation, (ii) time intervals for restoration or repair of service, (iii) trouble rates, (iv) exchange access line held orders, and (v) customer service answer time;

(3) provisions for reporting to the commission at least annually the company's performance as to the quality of service standards by quarter for the previous year;

(4) provisions that index quality of service standards for local residence services to similar standards for local business services;

(5) appropriate remedies, including penalties and customer-specific adjustments or payments to compensate customers for specific quality of service failures, so as to ensure substantial compliance with the quality of service standards set forth in the plan; and

(6) provisions for informing customers of their rights as to quality of service and how customers can register their complaints regarding service.

Any penalties under clause (5) may be paid into a universal service fund or returned to customers under a method set forth in the plan. The terms of an existing service quality plan or settlement approved by the commission must be offered to extend through the duration of an alternative regulation plan filed under this section.


Journal of the House - 27th Day - Top of Page 1195

Sec. 15. Minnesota Statutes 1996, section 237.766, is amended to read:

237.766 [PLAN DURATION.]

An alternative regulation plan approved by the commission under section 237.764 must remain in force as approved for the term specified in the plan, which must be for no less than four three years. Within six months prior to the termination of the plan, the plan must be reviewed by the commission and, with the consent of the company, revised or renewed consistent with sections 237.76 to 237.774, except that the justification of earnings levels in section 237.764, subdivision 1, paragraph (c), if required, and the provisions prohibiting rate increases at the initiation of or during the first three years year of a plan contained in section 237.762, shall not apply to a revised or renewed plan. If a plan has a duration of only three years, the revised or renewed plan must contain a mechanism for changing the prices of price-regulated services. The plan must specify the reports required of the telephone company for review of the plan and specify that the telephone company shall maintain records in sufficient detail to facilitate the review.

Sec. 16. Minnesota Statutes 1996, section 237.769, is amended to read:

237.769 [UNBUNDLING AND INTERCONNECTION.]

Every plan must contain, and the commission shall approve, rates for and procedures under which the telephone company will, on or before the effective date of the plan, permit interconnection with and unbundle its intrastate services and facilities to the same extent and in the same manner as the Federal Communications Commission requires the interconnection and unbundling for interstate purposes for that company. Any company under a plan is subject to any rules adopted under section 237.16 on the same date as those rules are applicable to other companies.

Sec. 17. Minnesota Statutes 1996, section 237.772, subdivision 1, is amended to read:

Subdivision 1. [TOTAL SERVICE LONG-RUN INCREMENTAL COST.] (a) For purposes of this chapter, total service long-run incremental cost (TSLRIC) means the total cost to the company of supplying a service, or group of services, or basic network function. The term "long-run" means a period of time sufficient so that all inputs are avoidable based on the total increment of service, or group of services, or basic network function and includes the relevant costs resulting from the company's decision to provide the service, or group of services, or basic network function, holding constant the production levels of all other services, or groups of services, or basic network functions provided by the company.

(b) A telephone company is not required to prepare or file TSLRIC or variable cost studies for all of its services as a prerequisite to filing a plan. However, the commission may order cost studies to be prepared for specific services as a condition of approval of the plan.

Sec. 18. [237.78] [DEAVERAGED RATES.]

Rates for unbundled network elements must not be geographically deaveraged unless corresponding retail rates are similarly deaveraged. When rates of a telephone company subject to an alternative plan of regulation are geographically deaveraged, the requirements of section 237.762, subdivision 5, must be met. If rates of a telephone company not subject to an alternative regulation plan are required to be geographically deaveraged, a universal service mechanism must be in place to ensure that rates remain affordable.

Sec. 19. [DEPRECIATION RESERVE DEFICIENCIES; ANALYSIS AND REPORT.]

Before the effective date of this section, the depreciation rates and charges the commission authorized telephone companies to include in rates and recover from customers have been inadequate to enable telephone companies to recover their investment in telephone plant, equipment, and facilities on a timely basis. As a result of these past practices, telephone companies in Minnesota generally have unrecovered depreciation reserve deficiencies. The commission shall convene a task force of telephone industry representatives, shall investigate the nature and extent of the deficiencies, and, before January 1, 1998, shall submit a report to the legislature containing recommendations regarding the recovery of the deficiencies.


Journal of the House - 27th Day - Top of Page 1196

Sec. 20. [REPEALER.]

Minnesota Statutes 1996, section 237.761, subdivision 2, is repealed.

Sec. 21. [EFFECTIVE DATE.]

Sections 1 to 20 are effective on the day following final enactment."

Delete the title and insert:

"A bill for an act relating to telecommunications; providing for pricing of packaged telecommunications services, interconnection, and network elements; removing power of public utilities commission to determine telephone company property depreciation and amortization; providing for rate changes for flexibly priced telecommunications serivces; modifying provisions governing alternative regulation plans; amending Minnesota Statutes 1996, sections 237.071; 237.12, by adding a subdivision; 237.121; 237.22; 237.761, subdivisions 4, 5, 6, and 7; 237.762, subdivisions 1, 3, 4, and 5; 237.764, subdivision 1; 237.765; 237.766; 237.769; and 237.772, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 237; repealing Minnesota Statutes 1996, section 237.761, subdivision 2."

With the recommendation that when so amended the bill pass.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1186, A bill for an act relating to bakeries; limiting application of certain food rules to bakeries in retail food stores; proposing coding for new law in Minnesota Statutes, chapter 31.

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1195, A bill for an act relating to natural resources; requiring the commissioner of natural resources to negotiate to prevent erosion and loss of old growth forest.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [PROTECTION OF OLD GROWTH AREA.]

The commissioner of natural resources shall negotiate with the city of Duluth, the Duluth Airport Authority, and other federal, state, and local parties to identify and delineate the land subject to the 1939 conveyance on Minnesota Point and develop a management plan that will provide a level of protection sufficient to ensure the continued ecological integrity of the area and to prohibit further cutting of the old growth forest area."

Delete the title and insert:

"A bill for an act relating to natural resources; requiring the commissioner of natural resources to negotiate to protect old growth forest in Duluth."


Journal of the House - 27th Day - Top of Page 1197

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1209, A bill for an act relating to natural resources; establishing the Stagecoach trail; amending Minnesota Statutes 1996, section 85.015, by adding a subdivision.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1285, A bill for an act relating to agriculture; rural economic development; providing a tax credit for investments in certain agricultural cooperatives; proposing coding for new law in Minnesota Statutes, chapter 290.

Reported the same back with the following amendments:

Page 2, line 7, delete "a majority" and insert "all"

Page 2, line 8, after "products" insert "or an estate"

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

The report was adopted.

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

H. F. No. 1290, A bill for an act relating to counties; providing for expiration of the redemption period for nonpayment of taxes in certain cases; amending Minnesota Statutes 1996, section 281.23, subdivision 6, and by adding a subdivision.

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

The report was adopted.

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

H. F. No. 1291, A bill for an act relating to St. Louis county; adding court bailiffs to the unclassified service; amending Minnesota Statutes 1996, section 383C.035.

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

The report was adopted.


Journal of the House - 27th Day - Top of Page 1198

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1299, A bill for an act relating to utilities; reorganizing legislative electric energy task force; requiring comprehensive study, findings, and legislative recommendations and proposals regarding electric energy restructuring and regulation; amending Minnesota Statutes 1996, section 216C.051, by adding subdivisions; repealing Minnesota Statutes 1996, section 216C.051, subdivisions 1, 2, 3, 4, 5, and 6.

Reported the same back with the following amendments:

Page 3, delete lines 15 to 22, and insert:

"(e) The task force shall elect two members of the task force, one from each house, to be cochairs of the task force. The members of the task force from the house shall vote for the house cochair, and members of the task force from the senate shall vote for the senate cochair."

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1314, A bill for an act relating to the environment; modifying provisions relating to scrap motor vehicle facilities; amending Minnesota Statutes 1996, sections 116.66; and 116.67.

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1315, A bill for an act relating to water; modifying duties of the Minnesota river basin joint powers board; appropriating money for water quality improvement projects; amending Minnesota Statutes 1996, section 103F.378, subdivision 1.

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

The report was adopted.

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

H. F. No. 1338, A bill for an act relating to local government; authorizing the consolidation of cities and towns; proposing coding for new law in Minnesota Statutes, chapter 414.

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

The report was adopted.


Journal of the House - 27th Day - Top of Page 1199

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1351, A bill for an act relating to watercraft; increasing fines for placing exotic species in waters of the state; modifying provisions relating to water surface use ordinances; modifying personal watercraft regulations; imposing personal watercraft restrictions; imposing a licensing surcharge on personal watercraft; creating a personal watercraft enforcement account; providing civil penalties; amending Minnesota Statutes 1996, sections 84D.13, subdivision 5; 86B.205, subdivision 4, and by adding a subdivision; 86B.211; 86B.313, subdivisions 1, 2, and 3; and 86B.415, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 1996, section 86B.205, subdivision 3.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [TITLE.]

This act shall be called the Personal Watercraft Nuisance Control Act.

Sec. 2. Minnesota Statutes 1996, section 86B.211, is amended to read:

86B.211 [WATER SAFETY RULES.]

The commissioner shall adopt rules that relate to:

(1) the application for, form, and numbering of watercraft licenses;

(2) the size, form, reflectorized material, and display of watercraft license numbers, which must comply with the requirements of the federal watercraft numbering system;

(3) placement and regulation of docks, piers, buoys, mooring or marking devices, and other structures in the waters of this state;

(4) rules of the road for watercraft navigation;

(5) standards for equipment used in the towing of persons on water skis, aquaplanes, surfboards, saucers, and other devices;

(6) standards for lights, signals, fire extinguishers, bilge ventilation, and lifesaving equipment;

(7) standards of safe load and power capacity;

(8) accounting, procedural, and reporting requirements for county sheriff;

(9) designation of swimming or bathing areas;

(10) standards of safety for watercraft offered for rent, lease, or hire;

(11) the use of surface waters of this state by watercraft as provided and in accordance with section 86B.205, subdivision 9, paragraphs (c) and (d), including:

(i) standards and criteria for resolving conflicts in the use of water surfaces by watercraft;

(ii) procedures for dealing with problems involving more than one local governmental unit;

(iii) procedures for local enforcement; and

(iv) procedures for enforcing the restrictions in section 86B.205, subdivision 9, paragraph (c); and


Journal of the House - 27th Day - Top of Page 1200

(12) procedures for issuing personal watercraft certificates under section 86B.313, subdivision 3, including setting fees commensurate with the costs of administering the required instruction and testing programs; and

(13) other rules determined by the commissioner to be necessary to implement the provisions of this chapter.

Sec. 3. Minnesota Statutes 1996, section 86B.313, subdivision 1, is amended to read:

Subdivision 1. [GENERAL REQUIREMENTS.] In addition to requirements of other laws relating to watercraft, it is unlawful to operate or to permit the operation of a personal watercraft:

(1) without each person on board the personal watercraft wearing a United States Coast Guard approved Type I, II, III, or V personal flotation device;

(2) between sunset and 8:00 a.m. or 7:00 p.m., whichever occurs sooner, and 11:00 a.m. from Friday through Sunday of each week;

(3) at greater than slow-no wake speed within 100 200 feet of:

(i) a shoreline,;

(ii) a dock,;

(iii) a swimmer,or;

(iv) a raft used for swimming or diving raft; or

(v) a moored, anchored, or nonmotorized watercraft at greater than slow-no wake speed;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified accessory mirrors that give the operator a wide field of vision to the rear;

(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within 100 feet of the other watercraft, or operating the watercraft while facing backwards; or

(10) in any other manner that is not reasonable and prudent; or

(11) without a personal watercraft rules decal, issued by the commissioner, attached to the personal watercraft so as to be in full view and readable by the operator while underway.


Journal of the House - 27th Day - Top of Page 1201

Sec. 4. Minnesota Statutes 1996, section 86B.313, subdivision 3, is amended to read:

Subd. 3. [OPERATOR'S PERMIT PERSONAL WATERCRAFT CERTIFICATE.] (a) Except as provided in paragraphs (b) and (c), all operators of a personal watercraft must obtain and have in possession a personal watercraft certificate. The commissioner shall issue a personal watercraft certificate to an applicant who is at least 13 years of age who:

(1) completes a personal watercraft education course approved by the commissioner;

(2) passes a test on personal watercraft as prescribed by the commissioner; and

(3) pays the required fee.

(b) The commissioner may recognize personal watercraft certificates or their equivalent issued by other states or countries.

(c) Except in the case of an emergency, a person 13 years of age or over but less than 18 years of age may not operate a personal watercraft, regardless of horsepower, without possessing a valid watercraft operator's permit personal watercraft certificate as required by this section 86B.305, unless there is a person 18 21 years of age or older on board the craft who possesses a personal watercraft certificate and is within immediate reach of the controls. In addition to the permit certificate requirement, a person 13 years of age operating a personal watercraft must maintain unaided observation by a person 18 21 years of age or older.

(d) It is unlawful for the owner of a personal watercraft to permit the personal watercraft to be operated contrary to this subdivision.

Sec. 5. [86B.3133] [EXCEPTIONS; PERSONAL WATERCRAFT.]

Subdivision 1. [RIVERS.] Section 86B.313, subdivision 1, clause (3), does not apply to the operation of a personal watercraft on a river. It is unlawful to operate or permit the operation of a personal watercraft on a river at greater than slow-no wake speed within 100 feet of:

(1) a shoreline;

(2) a dock;

(3) a swimmer;

(4) a raft used for swimming or diving; or

(5) a moored, anchored, or nonmotorized watercraft.

Subd. 2. [LARGE LAKES.] Section 86B.313, subdivision 1, clause (2), does not apply to the operation of a personal watercraft on the following lakes, provided the personal watercraft is operated only between sunrise and sunset over 500 feet from the shoreline or at slow-no wake speed within 500 feet of the shoreline:

(1) Burntside;

(2) Cass;

(3) Gull chain;

(4) Kabetogama;

(5) Lake of the Woods;

(6) Lake Superior;


Journal of the House - 27th Day - Top of Page 1202

(7) Leech;

(8) Mille Lacs;

(9) Minnetonka;

(10) Namakan;

(11) Otter Tail;

(12) Pepin;

(13) Pelican;

(14) Pokegama;

(15) Rainy Lake;

(16) Red Lake;

(17) Vermilion;

(18) Whitefish chain; and

(19) Winnibigoshish.

Sec. 6. [86B.3135] [PERSONAL WATERCRAFT RESTRICTIONS.]

Subdivision 1. [PROHIBITION.] A personal watercraft shall not be operated in:

(1) a state wildlife management area;

(2) a body of water classified by a local zoning ordinance, under the shoreland management classification system rules, as a natural environment lake;

(3) on the portion of a river designated under the Wild and Scenic Rivers Act and in Minnesota Rules, chapter 6105, with the following exceptions:

(i) the St. Croix River;

(ii) the Mississippi River; and

(iii) Lake Byllesby on the Cannon River; or

(4) a body of water, or a portion thereof, that has unique and significant safety hazards to personal watercraft operation not found on other bodies of water of the same general size and location.

Subd. 2. [IDENTIFICATION.] The commissioner shall cooperate with county boards to identify qualifying bodies of water under subdivision 1, clause (4). Surface water use restrictions, if any, shall be adopted according to section 86B.205.

Subd. 3. [VIOLATION.] A personal watercraft operator shall not be penalized for violation of this section unless the public accesses to the body of water upon which the violation occurs are posted with a notice of the prohibition under subdivision 1 at the time of the violation.


Journal of the House - 27th Day - Top of Page 1203

Sec. 7. Minnesota Statutes 1996, section 86B.415, is amended by adding a subdivision to read:

Subd. 7a. [PERSONAL WATERCRAFT SURCHARGE.] A $5 surcharge per year is placed on each watercraft license issued under this section for a personal watercraft. The fee shall be deposited in the state treasury and credited to the personal watercraft account created under section 86B.803.

Sec. 8. [86B.803] [PERSONAL WATERCRAFT ACCOUNT.]

Subdivision 1. [CREATION.] There is created in the state treasury an account known as the personal watercraft account in the natural resources fund.

Subd. 2. [PURPOSE.] The money deposited in the account and interest earned on the money may be expended only as appropriated by law for enhancing state and local law enforcement capabilities related to personal watercraft and for training volunteers to assist county and state enforcement efforts.

Subd. 3. [DISTRIBUTION OF GRANTS.] The money distributed to counties for personal watercraft enforcement capabilities shall be distributed by the commissioner in the following manner:

(1) 60 percent of the money appropriated shall be distributed to counties where more than 1,000 personal watercraft are used on an annual basis, as determined by the commissioner; and

(2) 40 percent of the money appropriated shall be distributed to counties where more than 250 but fewer than 1,000 personal watercraft are used on an annual basis, as determined by the commissioner.

Sec. 9. [STUDY.]

The office of tourism under the commissioner of trade and economic development must study the economic effects of this act on the tourism industry in the state and report the results to the legislature by January 1, 1999.

Sec. 10. [REPEALER.]

Minnesota Statutes 1996, section 86B.205, subdivision 3, is repealed.

Sec. 11. [EFFECTIVE DATE.]

(a) Effective July 1, 1997, the commissioner may begin development of educational materials, administrative and testing procedures, and a records program to implement the personal watercraft certificate program under sections 2 and 4. Section 4 is effective January 1, 2000.

(b) Sections 2 and 3 are effective May 1, 1998.

(c) The remainder of this act is effective January 1, 1998."

Delete the title and insert:

"A bill for an act relating to watercraft; modifying personal watercraft regulations; authorizing rulemaking; requiring a personal watercraft certificate; imposing personal watercraft restrictions; imposing a licensing surcharge on personal watercraft; creating a personal watercraft account; requiring a study; amending Minnesota Statutes 1996, sections 86B.211; 86B.313, subdivisions 1 and 3; and 86B.415, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 1996, section 86B.205, subdivision 3."

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

The report was adopted.


Journal of the House - 27th Day - Top of Page 1204

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

H. F. No. 1372, A bill for an act relating to school transportation; directing the metropolitan council and Minneapolis and St. Paul school boards to develop and implement school transportation plan using public transit; creating advisory board; requiring report to legislature; appropriating money.

Reported the same back with the following amendments:

Page 1, line 12, delete "after" and insert "in"

Page 1, line 13, delete "and implement"

Page 1, line 14, delete everything after the comma, and insert "the goal of which is to"

Page 1, line 15, delete "shall" and before "public" insert " metropolitan council's"

Page 1, line 17, delete "enrolled in" and insert "transported by"

Page 1, line 18, delete "enrolled in" and insert "transported by"

Page 1, line 19, delete "7" and insert "9"

Page 2, line 11, delete "which must be" and insert "with a goal of transporting" and after the second "students" insert "in grades 9 to 12 who are transported"

Page 3, line 6, delete ", which cannot exceed $2,500,000" and delete "and"

Page 3, line 10, before the period, insert "; and

(11) an analysis of the safety implications of the plan"

Page 3, lines 11 and 12, delete "AND IMPLEMENTATION OF PLAN"

Page 3, line 18, delete everything after the period

Page 3, delete lines 19 to 21 and insert "The cost to the Minneapolis and St. Paul school districts for providing transportation and transportation-related services to students in grades 9 to 12 under the school transportation plan developed as provided in section 1 must not exceed the projected cost, as determined by the districts, of providing equivalent transportation and transportation-related services using district-provided transportation."

Page 3, line 23, delete "$......." and insert "$250,000"

Page 3, line 25, delete everything after the period

Page 3, delete lines 26 and 27

Page 3, line 28, after "DATE" insert "; APPLICATION"

Page 3, line 30, after the second period, insert "This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Amend the title accordingly

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

The report was adopted.


Journal of the House - 27th Day - Top of Page 1205

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

H. F. No. 1383, A bill for an act relating to occupational safety and health; providing that certain notices are filed when placed in the United States mail; amending Minnesota Statutes 1996, section 182.661, subdivision 3b.

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 1385, A bill for an act relating to health; modifying terms of physician loan forgiveness programs; amending Minnesota Statutes 1996, section 136A.1355.

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

The report was adopted.

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

H. F. No. 1390, A bill for an act relating to the Floodwood joint recreation board; regulating its tax levies.

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1448, A bill for an act relating to game and fish; permitting taking of fish without a license for persons age 65 or over; amending Minnesota Statutes 1996, sections 97A.451, subdivision 2; and 97A.475, subdivision 6; repealing Minnesota Statutes 1996, section 97A.451, subdivision 7.

Reported the same back with the following amendments:

Page 1, line 10, delete "OVER" and after "65" insert "YEARS OR OVER"

Page 1, line 17, strike "under age" and insert "between the ages of 16 and" and after "65" insert "years"

Pages 1 and 2, delete section 3

Amend the title as follows:

Page 1, line 5, delete everything after "6" and insert a period

Page 1, delete line 6

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

The report was adopted.


Journal of the House - 27th Day - Top of Page 1206

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

H. F. No. 1463, A bill for an act relating to campaign finance; clarifying limits on contributions to candidates for local elected office; amending Minnesota Statutes 1996, section 211A.12.

Reported the same back with the recommendation that 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:

H. F. No. 1470, A bill for an act relating to local government; authorizing certain cities, towns, and the county for certain unorganized townships to create the Virginia area ambulance district; authorizing a tax levy; requiring local approval.

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

The report was adopted.

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

H. F. No. 1512, A bill for an act relating to educational facilities; making certain construction, remodeling, and improvements a project; amending Minnesota Statutes 1996, section 121.15, by adding a subdivision.

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1534, A bill for an act relating to the environment; providing a new license category under the well code for a vertical heat exchanger contractor; establishing training requirements for well contractors installing vertical heat exchangers; amending Minnesota Statutes 1996, sections 103I.101, subdivisions 2 and 5; 103I.105; 103I.208, subdivision 2; 103I.501; 103I.525, by adding a subdivision; and 103I.641, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapters 103I.

Reported the same back with the following amendments:

Page 3, line 24, delete "19" and insert "18"

Page 3, line 25, delete "19" and insert "18"

Page 4, line 14, after the semicolon, insert "and"

Page 4, line 16, delete everything after "contractor"

Page 4, delete lines 17 to 20

Page 4, line 21, delete everything before the period

Page 5, line 16, delete the new language


Journal of the House - 27th Day - Top of Page 1207

Page 5, delete lines 17 to 19

Page 5, line 20, delete everything before the semicolon and insert "(i) with 1,500 feet of total bore hole or less, $120; and (ii) with more than 1,500 feet of total bore hole, $240"

Page 6, line 1, after "installing" insert ", repairing, and sealing"

Page 6, line 3, after the second comma, insert "vertical heat exchange contractors,"

Page 6, line 19, after the comma, insert "or demonstrates to the commissioner that the well contractor had installed at least 20,000 feet of vertical heat exchanger bore hole in Minnesota prior to December 31, 1996," and delete "shall" and insert "may"

Page 6, delete lines 31 to 36

Page 7, delete lines 1 and 2

Page 9, line 3, delete "March" and insert "June"

Amend the title as follows:

Page 1, line 11, delete "chapters" and insert "chapter"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce, Tourism and Consumer Affairs.

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

H. F. No. 1579, A bill for an act relating to game and fish; allowing subagents to retain a commission on the sale of sporting licenses; amending Minnesota Statutes 1996, section 97A.485, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1996, section 97A.485, subdivision 6, is amended to read:

Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) Persons authorized to sell licenses under this section must sell the following licenses for the license fee and the following issuing fees:

(1) to take deer or bear with firearms and by archery, the issuing fee is $1 eight percent;

(2) Minnesota sporting, the issuing fee is $1 eight percent; and

(3) to take small game, for a person under age 65 to take fish by angling or for a person of any age to take fish by spearing, and to trap fur-bearing animals, the issuing fee is $1 eight percent;

(4) for a trout and salmon stamp that is not issued simultaneously with an angling or sporting license, an issuing fee of 50 cents eight percent may be charged at the discretion of the authorized seller; and

(5) for stamps other than a trout and salmon stamp, there is no fee.


Journal of the House - 27th Day - Top of Page 1208

(b) An issuing fee may not be collected for issuance of a trout and salmon stamp if a stamp is issued simultaneously with the related angling or sporting license. Only one issuing fee may be collected when selling more than one trout and salmon stamp in the same transaction after the end of the season for which the stamp was issued.

(c) The auditor or subagent shall keep the issuing fee as a commission for selling the licenses.

(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.

(e) A license, except stamps, must state the amount of the issuing fee and that the issuing fee is kept by the seller as a commission for selling the licenses.

(f) For duplicate licenses, the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The maximum cap for an issuing fee on a license is $2.50."

Page 1, line 7, delete "Section 1." and insert "Sec. 2."

Amend the title as follows:

Page 1, line 4, before "by" insert "subdivision 6, and"

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1686, A bill for an act relating to agriculture; creating a rural dispute resolution procedure; amending Laws 1986, chapter 398, article 1, section 18, as amended; proposing coding for new law as Minnesota Statutes, chapter 40B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 583.22, subdivision 5, is amended to read:

Subd. 5. [DIRECTOR.] "Director" means the director of the agricultural extension service Minnesota attorney general or the director's attorney general's designee.

Sec. 2. [APPROPRIATION.]

$....... is appropriated from the general fund to the attorney general for fiscal year 1998 for operation of the farmer-lender mediation program under Minnesota Statutes, chapter 583.


Journal of the House - 27th Day - Top of Page 1209

Sec. 3. Laws 1986, chapter 398, article 1, section 18, as amended by Laws 1987, chapter 292, section 37; Laws 1989, chapter 350, article 16, section 8; Laws 1990, chapter 525, section 1; Laws 1991, chapter 208, section 2; Laws 1993, First Special Session chapter 2, article 6, section 2; and Laws 1995, chapter 212, article 2, section 11, is amended to read:

Sec. 18. [REPEALER.]

Sections 1 to 17 and Minnesota Statutes, section 336.9-501, subsections (6) and (7), and sections 583.284, 583.285, 583.286, and 583.305, are repealed on July 1, 1997 1998."

Delete the title and insert:

"A bill for an act relating to agriculture; changing and extending the farmer-lender mediation program; appropriating money; amending Minnesota Statutes 1996, section 583.22, subdivision 5; Laws 1986, chapter 398, article 1, section 18, as amended."

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

The report was adopted.

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

H. F. No. 1755, A bill for an act relating to local government; providing for procedures between the county housing and redevelopment authority and certain municipalities and municipal authorities; amending Minnesota Statutes 1996, section 383B.77, subdivision 2.

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

The report was adopted.

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

H. F. No. 1793, A bill for an act relating to veterans; appropriating money for a veterans memorial in Park Rapids.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1861, A bill for an act relating to agriculture; limiting entry into facilities in which confined farm animals are kept; proposing coding for new law in Minnesota Statutes, chapter 17.

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

The report was adopted.


Journal of the House - 27th Day - Top of Page 1210

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1950, A bill for an act relating to construction activities; requiring notice of certain proposed animal feedlots and residential developments; amending Minnesota Statutes 1996, section 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 394.

Reported the same back with the following amendments:

Page 1, line 13, delete "1,000" and insert "500"

Page 1, lines 15 and 25, delete "four" and insert "three"

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

The report was adopted.

Munger from the Committee on Environment and Natural Resources to which was referred:

S. F. No. 94, A bill for an act relating to state land; modifying provisions for the establishment of boundary lines; modifying provisions relating to the sale of trust lands; authorizing the commissioner of natural resources to pay certain outstanding real estate taxes and assessments; authorizing the commissioner of natural resources to transfer improvements on state-owned land; authorizing the commissioner of natural resources to sell certain land; authorizing the private sale of certain land; authorizing the sale of certain surplus land for recreational purposes; providing for disposition of certain lakeshore leased lands; amending Minnesota Statutes 1996, sections 84.0273; 92.06, subdivisions 1 and 4; 92.16, subdivision 1; and 94.10, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 92; and 94.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 84.0273, is amended to read:

84.0273 [CORRECTION ESTABLISHMENT OF BOUNDARY LINES RELATING TO CERTAIN STATE LANDHOLDINGS.]

In order to correct errors in legal descriptions resolve boundary line issues affecting the ownership interests of the state and adjacent landowners, the commissioner of natural resources may, in the name of the state upon terms the commissioner deems appropriate, convey, without monetary consideration, by a boundary line agreement, quitclaim deed, or management agreement in such form as the attorney general approves, such rights, titles, and interests of the state in state lands for such rights, titles and interests in adjacent lands as are necessary for the purpose of correcting legal descriptions of establishing boundaries. A notice of the proposed conveyance and a brief statement of the reason therefor shall be published once in the State Register by the commissioner between 15 and 30 days prior to conveyance. The provisions of this section are not intended to replace or supersede laws relating to land exchange or disposal of surplus state property.

Sec. 2. Minnesota Statutes 1996, section 92.06, subdivision 1, is amended to read:

Subdivision 1. [TERMS.] (a) The terms of payment on the sale of state public lands must be as follows: The purchaser shall pay in cash at the time of sale the appraised value of all timber and costs determined by the commissioner to be associated with the sale including survey, appraisal, publication, deed tax, filing fee, and similar costs. At least 15 percent of the purchase price of the land exclusive of timber and associated costs must be paid in cash at the time of sale. The


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balance of the purchase price must be paid in no more than 20 equal annual installments. Payments must be made by June 1 each year following the year in which the purchase was made, with interest at the rate in effect at the time of sale, calculated under this subdivision, on the unpaid balances. Any installment of principal or interest may be paid in advance, but part payment of an installment will not be accepted. For the purpose of computing interest, any installment of principal not paid on June 1 shall be credited on the following June 1. The purchaser may pay the balance due on a sale within 30 days of the sale with no interest due.

(b) Interest on unpaid balances must be computed as annual simple interest. The rate of interest must be based on average effective interest rates on mortgage loans as provided in paragraph (c).

(c) On or before December 31 of each year, the commissioner of natural resources shall determine the rate from the average effective interest rate on loans closed using the office of thrift supervision series, formerly the federal home loan bank board series, or its successor agency, for the most recent calendar month, reported on a monthly basis in the latest statistical release of the board of governors of the federal reserve system. This yield, rounded to the nearest quarter of one percent, is the annual interest rate for sales of state land during the succeeding calendar year.

(d) For state land sales in calendar year 1993 after July 1, 1993, the rate is eight percent, which is the September 1992 average from the office of thrift supervision series, rounded to the nearest quarter of one percent.

Sec. 3. Minnesota Statutes 1996, section 92.06, subdivision 4, is amended to read:

Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a person has made improvements to the land and if: (1) the commissioner believes that person settled the land in good faith as homestead land under the laws of the United States before it was certified to the state, or if (2) the improvements were lawfully made by that person as a lessee of the state, or (3) the commissioner determines, based on clear and convincing evidence provided by the person, that the improvements were made by the person as an inadvertent trespasser, then the value of the improvements must be separately appraised and, if the settler or, lessee, or inadvertent trespasser purchases the land, the settler or, lessee, or inadvertent trespasser is not required to pay for the improvements. If another person purchases the land, that person must pay the owner of the improvements, in addition to all other required payments, the appraised amount for the improvements. Payment for improvements must be made within 15 days of the auction sale, either in cash or upon terms and conditions agreeable to the owner of the improvements. If payment for improvements is not made in cash, and if there is no agreement between the parties within 15 days of the auction sale, the commissioner may:

(1) sell the property to the second highest qualified bidder if that bidder submitted to the commissioner's representative, at the auction sale, a written request to buy the property at a specified price; or

(2) void the sale and reoffer the property at a subsequent sale.

This subdivision does not apply unless the owner of the improvements makes a verified application to the commissioner showing entitlement to the improvements before the first state public sale at which the land is offered for sale. The applicant must appear at the sale and offer to purchase the land for at least its appraised value including all timber on it, and make the purchase if no higher bid is received. Actions or other proceedings involving the land in question begun before the sale must have been completed.

Sec. 4. Minnesota Statutes 1996, section 92.16, subdivision 1, is amended to read:

Subdivision 1. [CONTENTS; DEFAULT, RESALE.] At the time of the sale the commissioner shall execute, acknowledge, and deliver to the purchaser a certificate of sale, numbered and made assignable, certifying the description of the land sold, its quantity, the price per acre, the consideration paid and to be paid, and the time and terms of payment. A certificate must not be delivered until the sum required by law to be paid at the time of the sale is paid. The sum includes costs determined by the commissioner to be associated with the sale such as survey, appraisal, publication, deed tax, filing fee, and similar costs. If the purchaser fails to pay the sum, the commissioner may immediately reoffer the land for sale, but a bid may not be accepted from the person failing to pay the original offer. If the purchaser pays in full at the time of sale, the commissioner is not required to issue a certificate of sale.


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Sec. 5. [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.]

Subdivision 1. [CANCELLATION OF CERTIFICATE OF SALE.] If the state acquires an interest in real property prior to the cancellation of a certificate of sale or upon completion of the cancellation process by advertisement or court order, the state must make provision to pay all taxes, interests, costs, penalties, and assessments. The commissioner of natural resources must request the certificate of sale vendee to make a good faith attempt to pay the debt. If the commissioner determines that the vendee is unwilling or unable to pay the debt, the commissioner may pay the debt and seek redress against the vendee.

Subd. 2. [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a grantee on a certificate of sale or state deed desires the state to exercise its reversionary interest in real property, the grantee must pay all real estate taxes, costs, interest, penalties, and assessments on the property prior to reversion.

(b) If a grantee on a certificate of sale or state deed breaches the contractual terms of the certificate or deed, the commissioner of natural resources must request the grantee to make a good faith attempt to pay all real estate taxes, costs, interest, penalties, and assessments on the property prior to reversion. If the commissioner determines that the grantee is unwilling or unable to pay the debt, the commissioner may pay the debt and seek redress against the grantee.

Sec. 6. Minnesota Statutes 1996, section 94.10, subdivision 2, is amended to read:

Subd. 2. (a) Lands certified as surplus by the head of a department or agency other than the department of natural resources shall be offered for public sale by the commissioner of administration as provided in this paragraph. After complying with subdivision 1 and before any public sale of surplus state-owned land is made, the commissioner of administration shall publish a notice thereof at least once in each week for four successive weeks in a legal newspaper and also in a newspaper of general distribution in the city or county in which the real property to be sold is situated, which notice shall specify the time and place at which the sale will commence, a general description of the lots or tracts to be offered, and a general statement of the terms of sale. Each tract or lot shall be sold separately and shall be sold for not less than the appraised value thereof. Parcels remaining unsold after the offering may be sold to anyone agreeing to pay the appraised value thereof. The sale shall continue until all parcels are sold or until the commissioner orders a reappraisal or withdraws the remaining parcels from sale.

(b) Lands certified as surplus by the commissioner of natural resources shall be offered for public sale by the commissioner of natural resources in the manner provided in paragraph (a) for sales by the commissioner of administration.

(c) Except as provided in section 94.11, the cost of any survey or appraisal as provided in subdivision 1 shall be added to and made a part of the appraised value of the lands to be sold, whether to any political subdivision of the state or to a private purchaser as provided in this subdivision.

Sec. 7. [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.]

The commissioner may sell or transfer an improvement located on state-owned lands, the compensation for which shall be determined by the commissioner. The sale or transfer shall be accomplished by a bill of sale, describing the improvement transferred and the terms and conditions of the sale or transfer. Proceeds resulting from the sale or transfer must be deposited in the state treasury and credited to the land acquisition account established in section 94.165.

Sec. 8. [SALE OF STATE FOREST LAND.]

(a) Notwithstanding Minnesota Statutes, section 89.01, subdivision 5, the commissioner of natural resources may sell school trust and acquired state land in the Richard J. Dorer Memorial Hardwood State Forest described in this section in the manner for sale of trust fund and acquired lands under Minnesota Statutes, chapter 92 or 94.

(b) The land that may be sold is described as follows:

(1) Township 110 North, Range 12 West, Section 28, the Southeast Quarter of the Southwest Quarter containing 40 acres more or less and the Southwest Quarter of the Southeast Quarter containing 40 acres more or less, in Wabasha County;


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(2) Township 107 North, Range 8 West, Section 16, the Northeast Quarter of the Southeast Quarter containing 40 acres more or less, the Southwest Quarter of the Southeast Quarter containing 40 acres more or less, in Winona County;

(3) Township 106 North, Range 5 West, Section 30, the Southeast Quarter of the Southeast Quarter containing 40 acres more or less, in Winona County;

(4) Township 106 North, Range 6 West, Section 36, the Northeast Quarter of the Southeast Quarter containing 40 acres more or less, in Winona County; and

(5) Township 104 North, Range 6 West, Section 6, the Southwest Quarter of the Northwest Quarter containing 38.28 acres more or less, in Houston County.

Sec. 9. [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.]

(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell the state trust fund land bordering on public waters described in paragraph (c) in accordance with the procedures in Minnesota Statutes, chapter 92.

(b) The conveyance shall be in a form approved by the attorney general.

(c) The land that may be sold is located in Hubbard County and is described as: that part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 144 North, Range 32 West, Hubbard County, Minnesota, lying easterly of the Necktie River and northerly of the centerline of county state-aid highway No. 16, containing up to 5 acres, more or less.

(d) The sale will result in the elimination of a trespass situation with the adjacent landowner who built a house on the property in 1989.

Sec. 10. [SALE OF STATE LAND IN OTTER TAIL COUNTY.]

(a) Notwithstanding the public sale requirements of Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale, for a consideration not less than its appraised value, the land described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 94.

(b) The conveyance shall be in a form approved by the attorney general.

(c) The land that may be sold is located in Otter Tail County and is described as: all that part of the Southwest Quarter of the Southeast Quarter of Section 22, Township 137, Range 42, Otter Tail County, Minnesota described as follows: beginning at the South Quarter corner of said Section 22; thence on an assumed bearing of North 0 degrees 31 minutes 36 seconds East along the west line of said Southwest Quarter of the Southeast Quarter, a distance of 442.58 feet; thence South 19 degrees 29 minutes 47 seconds East a distance of 108.74 feet; thence southeasterly on a tangential curve, concave to the northeast, having a radius of 498.22 feet and a central angle of 69 degrees 43 minutes 29 seconds, for an arc distance of 606.30 feet to the easterly line of a tract of land described in Book 392 of Deeds, page 509, Office of the Otter Tail County Recorder; thence South 10 degrees 03 minutes 49 seconds West along said easterly line, a distance of 14.18 feet to the southeast corner of said tract of land described in Book 392 of Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds West along the south line of said Section 22, a distance of 500.80 feet to the point of beginning, containing 1.44 acres more or less, subject to easements and reservations of public record, if any. The grantor, for itself, its successors and assigns, reserves an easement for use and maintenance of the existing ditch over and across the above described parcel, being a strip of land 33 feet in width lying 16.5 feet on each side of the centerline of the existing ditch running in a southwesterly direction from the township road to the west line of said Southwest Quarter of the Southeast Quarter.

(d) The commissioner has determined that the land is no longer useful for any natural resource purpose, or any other public purpose, and intends to sell this unneeded land to the adjoining landowner to resolve an inadvertent trespass.

Sec. 11. [SALE OF STATE LAND IN CROW WING COUNTY.]

(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell acquired state land bordering public waters described in this section in accordance with Minnesota Statutes, section 85.015, subdivision 1, paragraph (b), and chapter 94.


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(b) The land that may be sold is located in Crow Wing County and is described as follows:

(1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa Addition; and

(2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa Addition.

Sec. 12. [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES IN PINE COUNTY.]

(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell the land described in paragraph (b) to the city of Willow River in the manner prescribed by Minnesota Statutes, section 84.027, subdivision 10. The conveyance must provide that the land revert to the state of Minnesota should the land cease to be retained and developed as Stanton Lake Park for public use.

(b) The land that may be sold is located in Pine county and described as:

All that part of the following described tract: that part of the Northeast Quarter of the Southwest Quarter of Section 2, Township 44 North, Range 20 West, of the Fourth Principal Meridian, situated in Pine County, described as follows: beginning at a point on the east and west one quarter line of Section 2 at the intersection with the easterly right-of-way line of U.S. Highway No. 61; thence in a southerly direction along said easterly right-of-way line of U.S. Highway No. 61 a distance of 695 feet; thence in a northeasterly direction at an angle of 60 degrees with the U.S. Highway No. 61 right-of-way line for a distance of 410 feet to a point on the lake bank; thence in a northeasterly direction at an angle of 153 degrees 35 minutes with the preceding line to the intersection with the east and west one quarter line of Section 2, thence in a westerly direction along said east and west one quarter line of Section 2 to point of beginning, containing 5.81 acres, more or less.

(c) This property was purchased for development of the Stanton Lake dam. The state, its agents, and servants shall retain ownership of the dam and retain perpetual access to the dam via the existing road for the purposes of inspection, maintenance, repair, or reconstruction. The state shall not be held liable to make any immediate repairs on the dam. Such work shall be based on availability of dam maintenance funds. The land in this section is not needed for resource management and has been declared surplus. It best serves the public interest if this property is sold and proceeds used for acquisition of other land.

Sec. 13. [HORSESHOE BAY LEASES.]

Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee of lands leased under Minnesota Statutes, section 92.46, that are located in Section 16, Township 62 North, Range 4 East, Cook County, of record with the commissioner of natural resources as of May 14, 1993.

(b) "New lease" means a lease issued after the effective date of this act under the terms and conditions specified in Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3, except that the lease may be for a life term and is not assignable or transferable and may not be amended to include additional lessees.

Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in writing by a lessee before January 1, 1998, the commissioner shall, at the lessee's option:

(1) pay to the lessee the appraised value of the lessee's improvements on the land and terminate the existing lease as of the date of payment for improvements; or

(2) issue a new lease for the life of the lessee that provides that when the lease term expires, the commissioner shall pay to the lessee or a beneficiary that must be designated in writing by the lessee the appraised value of the lessee's improvements on the land. A lessee who elects this option may elect to terminate the lease at any time during the term of the lease in exchange for payment by the commissioner for the appraised value of the lessee's improvements on the land.

(b) If the commissioner has not received written notice of a lessee's election by January 1, 1998, the commissioner may proceed under paragraph (a), clause (1).


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(c) After the effective date of this section, no lessee under paragraph (a), clause (2), shall construct or enlarge a cabin or other structure during the lease.

(d) The commissioner may use money appropriated from the land acquisition account under Minnesota Statutes, section 94.165, for payments under paragraph (a).

Sec. 14. [PRIVATE SALE OF STATE LAND IN CLEARWATER COUNTY.]

(a) Notwithstanding Minnesota Statutes, sections 92.45; 97A.135, subdivision 2a; and 282.01, subdivision 2; and the public sale provisions of Minnesota Statutes, chapter 94, the commissioner of natural resources may sell the land described in paragraph (c) to the adjoining landowner for $1,000.

(b) The conveyance must be in a form approved by the attorney general and must provide that:

(1) the land may not be sold for commercial use or be developed into more than a two-family residence; and

(2) placement or construction of additional buildings or structures on the land, including corrals and animal shelters or pens, is prohibited.

(c) The land that may be sold is located in Clearwater county and is described as follows:

That part of Government Lot 6, Section 18, Township 143 North, Range 37 West, Clearwater County, Minnesota, described as follows:

Beginning at the northeast corner of Lot 1 Block 1 of HIGHLAND VIEW, on file and of record in the office of the County Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line of said Lot 1 bears, assumed bearing, North 88 degrees 57 minutes 39 seconds West; thence North 80 degrees 50 minutes 33 seconds West 275.16 feet to a DNR MON; thence North 85 degrees 25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South 50 degrees 06 minutes 54 seconds West 68.17 feet to the north line of said Lot 1 and a DNR MON; thence South 88 degrees 57 minutes 39 seconds East along the north line of said Lot 1 a distance of 417.62 feet to the point of beginning, containing 0.23 acres.

(d) The sale authorized by this section would resolve an inadvertent trespass consisting of the encroachment of a private dwelling on state land.

(e) The sale authorized by this section is subject to the following additional conditions:

(1) the costs of construction and maintenance of a boundary fence are the sole responsibility of the purchaser; and

(2) the adjoining landowner shall reimburse the department of natural resources for the cost of surveying the land and for time spent by department staff relating to this land trespass matter.

Sec. 15. [REPEALER.]

Laws 1995, chapter 77, section 3, is repealed.

Sec. 16. [EFFECTIVE DATE.]

Sections 3 and 8 to 15 are effective the day following final enactment."

Amend the title as follows:

Page 1, line 13, after the semicolon, insert "repealing authorization for the sale of state land in St. Louis county;"

Page 1, line 17, before the period, insert "; repealing Laws 1995, chapter 77, section 3"

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

The report was adopted.


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SECOND READING OF HOUSE BILLS

H. F. Nos. 299, 423, 569, 642, 1111, 1172, 1290, 1291, 1314, 1338, 1383, 1463, 1755 and 1861 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 501 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Peterson, Winter, Kubly, Vickerman and Wenzel introduced:

H. F. No. 1961, A bill for an act relating to community development; providing for a center for rural policy and development; appropriating money.

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

Sykora introduced:

H. F. No. 1962, A bill for an act relating to sports; providing for a Minnesota baseball stadium limited partnership; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Abrams, Greiling and Leppik introduced:

H. F. No. 1963, A bill for an act proposing an amendment to the Minnesota Constitution; providing for a bipartisan congressional and legislative reapportionment commission; amending the Minnesota Constitution, article IV, section 3; and by adding an article.

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

Olson, E., introduced:

H. F. No. 1964, A bill for an act relating to taxation; modifying provisions imposing restrictions, conditions, and limitations on tax increment financing; amending Minnesota Statutes 1996, sections 273.1399, by adding a subdivision; 469.176, subdivisions 1b, 1e, 4j, and 5; 469.1763, subdivision 3; and 469.177, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 469.

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

Hilty introduced:

H. F. No. 1965, A bill for an act relating to state agencies; codifying reorganization orders relating to the department of administration, the office of environmental assistance, the public service department, the state archaeologist, and the transportation regulation board; amending Minnesota Statutes 1996, sections 15A.081, subdivision 1; 16B.42; 115D.08;


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138.31, by adding a subdivision; 138.35; 174.02, subdivisions 4 and 5; 174.10, subdivisions 1, 3, and 4; 174A.02, subdivisions 1, 2, and 4; 174A.04; 174A.06; 216C.41, subdivision 2; 218.041, subdivisions 6 and 7; 219.074, subdivisions 1 and 2; 219.402; and 221.031, subdivision 1; repealing Minnesota Statutes 1996, sections 174A.01; 174A.02, subdivision 5; 174A.03; 174A.05; and 218.011, subdivision 7; Minnesota Rules, part 8850.6900.

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

Pugh introduced:

H. F. No. 1966, A bill for an act relating to education; allowing any school district to alter its organization into separate election districts; amending Minnesota Statutes 1996, section 205A.12, subdivision 1.

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

Farrell, Trimble, Kraus, Schumacher and Pugh introduced:

H. F. No. 1967, A bill for an act relating to crime prevention; requiring mandatory minimum sentences for gang-motivated or facilitated crimes; increasing penalties for soliciting juveniles to commit criminal acts; prohibiting adults from soliciting minors to commit crimes for the benefit of a gang; creating the crime of tampering with a juror; making changes related to the joinder of offenses and defendants in criminal trials; limiting the scope of the community crime reduction grant program; creating a gang prevention grant program; amending the definition of "violent crime" and "crime of violence"; providing criminal penalties; appropriating money; amending Minnesota Statutes 1996, sections 119A.31, subdivision 1; 609.035, subdivision 1; 609.152, subdivision 1; 609.494, subdivisions 1 and 2; 609.749, subdivision 3; 624.712, subdivision 5; and 631.035; proposing coding for new law in Minnesota Statutes, chapters 299A; 609; and 631; repealing Minnesota Statutes 1996, section 609.229.

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

Kahn, Jefferson, Murphy, Mares and Smith introduced:

H. F. No. 1968, A bill for an act relating to retirement; changing investment reporting requirements; modifying penalty provisions; amending Minnesota Statutes 1996, sections 69.051, subdivisions 1, 1a, and 1b; 356.20, by adding a subdivision; 356.219; and 424A.02, subdivision 10; repealing Minnesota Statutes 1996, section 356.218.

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

Ness, Kelso, Solberg, Mares and Seagren introduced:

H. F. No. 1969, A bill for an act relating to education; authorizing summer school funding for elementary pupils; amending Minnesota Statutes 1996, section 124.17, subdivision 5.

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

Ness, Tomassoni, Kelso, Mares and Weaver introduced:

H. F. No. 1970, A bill for an act relating to education; creating a state aid to replace reductions in title I money; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124.

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


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Mahon, Seagren, Knight, Sykora and Folliard introduced:

H. F. No. 1971, A bill for an act relating to parks; funding the operation and maintenance of parks in the metropolitan area; appropriating money.

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

Luther; Mariani; Johnson, A.; Kinkel and Davids introduced:

H. F. No. 1972, A bill for an act relating to energy assistance; providing funding for various energy assistance programs; appropriating money.

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

Farrell and Trimble introduced:

H. F. No. 1973, A bill for an act relating to the military; authorizing the payment of salary differential for reserve forces on active duty in Haiti; proposing coding for new law in Minnesota Statutes, chapter 43A.

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

Broecker, Mares and Krinkie introduced:

H. F. No. 1974, A bill for an act relating to highways; authorizing transfers of money in the county state-aid highway fund between the county turnback account and the construction account in certain circumstances; amending Minnesota Statutes 1996, section 161.082, by adding a subdivision.

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

Carlson, Pelowski, Seagren, Bettermann and Kinkel introduced:

H. F. No. 1975, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, section 3; changing the number of members of the University of Minnesota board of regents; amending Minnesota Statutes 1996, section 137.024.

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

Dawkins and Johnson, A., introduced:

H. F. No. 1976, A bill for an act relating to taxation; individual income; exempting AmeriCorp and youth works program stipends; amending Minnesota Statutes 1996, section 290.01, subdivision 19b.

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

Slawik, Larsen, Marko and Johnson, A., introduced:

H. F. No. 1977, A bill for an act relating to education; eliminating the $100 referendum subtraction requirement for certain school districts; authorizing a discretionary levy for technology improvements for school districts with low revenues; providing additional state aid for school districts with low revenues; appropriating money; amending Minnesota Statutes 1996, sections 124.95, subdivision 1; and 124A.03, subdivision 3c; proposing coding for new law in Minnesota Statutes, chapter 124C.

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


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Anderson, B.; Osskopp; Tuma; Hasskamp and Dehler introduced:

H. F. No. 1978, A bill for an act relating to education; offering an alternative of a locally controlled graduation rule; providing locally controlled graduation rule aid and district assistance and academic enhancement aid; appropriating money; amending Minnesota Statutes 1996, section 120.101, subdivision 8, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 124.

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

Mullery, Farrell, Leighton, Pugh and Murphy introduced:

H. F. No. 1979, A bill for an act relating to health; requiring the attorney general to investigate unfair drug price discrimination; giving the commissioner of administration authority to negotiate contract prices for prescription drugs; requiring the commissioner of administration to establish and administer a nongovernmental pharmaceutical contracting alliance; modifying prescription dispensing requirements; requiring a pharmacy to post a sign on generic substitution; appropriating money; amending Minnesota Statutes 1996, sections 8.31, subdivision 1; and 151.21, subdivisions 2, 3, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Stanek introduced:

H. F. No. 1980, A bill for an act relating to crime prevention; prohibiting the prosecuting attorney from disclosing certain information in a juvenile proceeding unless first requested to do so; proposing coding for new law in Minnesota Statutes, chapter 260.

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

Huntley, Rukavina, Ness and Jaros introduced:

H. F. No. 1981, A bill for an act relating to vocational rehabilitation; authorizing additional funding for employment support services for persons with mental illness; appropriating money.

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

Pugh introduced:

H. F. No. 1982, A bill for an act relating to education; providing a grant to independent school district No. 197, West St. Paul-Mendota Heights-Eagan, for implementing multiple pathways for students to meet graduation standards; appropriating money.

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

Hausman introduced:

H. F. No. 1983, A bill for an act relating to state lands; authorizing the sale of certain tax-forfeited land that borders public water in Blue Earth, Cass, Crow Wing, Becker, Aitkin, Mille Lacs, and Washington counties.

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


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Hausman introduced:

H. F. No. 1984, A bill for an act relating to transportation; appropriating $10,000,000 to the commissioner of transportation for a grant to Ramsey county for a pilot program for assisting community-based organizations in providing or facilitating job-related transportation for certain low-income persons.

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

Wejcman introduced:

H. F. No. 1985, A bill for an act relating to taxation; providing a sales tax exemption for construction materials and supplies used to build certain business incubator and industrial park facilities; proposing coding for new law in Minnesota Statutes, chapter 297A.

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

Wenzel and Dehler introduced:

H. F. No. 1986, A bill for an act relating to solid waste; requiring the state to return a portion of solid waste assessments for landfill cleanup to certain counties; amending Minnesota Statutes 1996, section 116.07, subdivision 10.

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

Evans, Skoglund and Weaver introduced:

H. F. No. 1987, A bill for an act relating to controlled substances; creating a drug-free zone around residential chemical dependency treatment facilities; increasing criminal penalties for drug crimes committed within these zones; amending Minnesota Statutes 1996, sections 152.01, by adding a subdivision; 152.021, subdivision 1; 152.022, subdivision 1; 152.023, subdivision 2; 152.024, subdivision 1; and 152.029.

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

Greenfield introduced:

H. F. No. 1988, A bill for an act relating to health; providing for alternative dispute resolution in proceedings involving health-related licensing boards; specifying procedures for contested case hearings in proceedings involving health-related licensing boards; proposing coding for new law in Minnesota Statutes, chapter 214.

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

Mares and Swenson, D., introduced:

H. F. No. 1989, A bill for an act relating to parks; funding the operation and maintenance of parks in the metropolitan area; appropriating money.

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


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Ozment introduced:

H. F. No. 1990, A bill for an act relating to retirement; authorizing the voluntary consolidation of the Hampton and Randolph volunteer firefighters relief associations.

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

Entenza introduced:

H. F. No. 1991, A bill for an act relating to contempt of court; clarifying the distinctions among various types of contempt of court; amending Minnesota Statutes 1996, sections 588.01; 588.03; 588.05; 588.09; 588.10; and 588.11; repealing Minnesota Statutes 1996, section 588.13.

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

Skoglund introduced:

H. F. No. 1992, A bill for an act relating to crimes; clarifying certain sentencing provisions; authorizing use of preliminary breath test evidence in certain proceedings; authorizing vehicle forfeiture for third-time DWI offenders; clarifying criminal penalty for driving in violation of license restriction; making it a crime for motor vehicle operator to refuse to submit to drug recognition test upon lawful demand of drug recognition expert; requiring traffic-related criminal convictions to be maintained in offender's driving record for 15 years; providing for adult court jurisdiction over petty misdemeanors, misdemeanors, and nonfelony moving traffic offenses committed by juveniles 16 years old and older; clarifying effect of stay of imposition of sentence; increasing penalties for fleeing a peace officer in a motor vehicle; clarifying "good time" reductions in jail sentences; authorizing room and board fees for county prisoners; amending Minnesota Statutes 1996, sections 152.18, subdivision 1; 169.121, subdivisions 1a and 6; 169.1217, subdivision 1; 171.09; 171.12, subdivision 3; 260.015, subdivisions 5 and 21; 260.111, subdivision 1a; 260.193, subdivisions 1 and 4; 609.055, subdivision 2; 609.135, subdivision 1; 609.487, subdivisions 3 and 4; 641.12; 641.13; 641.15, by adding a subdivision; and 643.29, subdivision 1.

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

Pugh and Milbert introduced:

H. F. No. 1993, A bill for an act relating to taxation; reducing the MinnesotaCare provider tax rate for furnishing dental goods and services; amending Minnesota Statutes 1996, sections 295.52, subdivision 2; 295.53, subdivision 4; and 295.582.

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

Jefferson introduced:

H. F. No. 1994, A bill for an act relating to Hennepin county; extending the period for reductions or abatements of property value for tax purposes for a certain property in the city of Minneapolis.

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

Rest, Abrams, McElroy and Long introduced:

H. F. No. 1995, A bill for an act relating to public finance; modifying provisions relating to the issuance of debt and the use and investment of public funds; amending Minnesota Statutes 1996, sections 118A.04, subdivision 9; 118A.05, subdivision 4; 136A.32, subdivision 7; 373.01, subdivision 3; 373.40, subdivision 7; 410.32; 412.301; 414.067,


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subdivision 2; 429.021, subdivision 1; 447.45, subdivision 2; 465.71; 469.0171; 469.059, subdivision 6; 469.101, subdivision 6; 469.153, subdivision 2; 469.154, subdivisions 3, and 6; 469.155, by adding a subdivision; 471.981, by adding a subdivision; 475.61, subdivision 3; 475.67, subdivision 12; and 641.23; proposing coding for new law in Minnesota Statutes, chapters 471; and 475.

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

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

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

S. F. Nos. 413, 543, 324 and 120.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 413, A bill for an act relating to water; authorizing a state general permit for water appropriation; amending Minnesota Statutes 1996, section 103G.271, subdivision 1.

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

S. F. No. 543, A bill for an act relating to agriculture; changing certain license requirements; repealing the interstate compact on agricultural grain marketing; amending Minnesota Statutes 1996, sections 17A.04, subdivision 1; 231.01, subdivision 5; 236.01, subdivision 3; and 236.02, subdivisions 1 and 2; repealing Minnesota Statutes 1996, sections 236A.01; and 236A.02.

The bill was read for the first time.

Juhnke moved that S. F. No. 543 and H. F. No. 569, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 324, A bill for an act relating to human rights; reclassifying certain investigative data; amending Minnesota Statutes 1996, section 363.061, subdivisions 2 and 3.

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

S. F. No. 120, A bill for an act relating to housing programs; modifying eligibility for accessibility loans; authorizing equity take-out loans for section 236 rental property; clarifying eligible projects under the housing trust fund; modifying eligible uses of the mortgage foreclosure prevention and emergency rental assistance program; repealing the special needs housing for homeless persons program; amending Minnesota Statutes 1996, sections 268.38, subdivision 7; 462A.05, subdivisions 14d, 30, 39, and by adding a subdivision; 462A.201, subdivision 2; 462A.205, subdivision 4a; 462A.207, subdivisions 1, 2, 3, 4, and 6; 462A.21, subdivision 12a; repealing Minnesota Statutes 1996, sections 268.39; 462A.05, subdivision 20; and 462A.21, subdivisions 4k, 12, and 14.

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

GENERAL ORDERS

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


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MOTIONS AND RESOLUTIONS

Haas moved that the name of McElroy be stricken and the name of Dawkins be added as an author on H. F. No. 545. The motion prevailed.

Larsen moved that her name be stricken as an author on H. F. No. 658. The motion prevailed.

Dehler moved that the name of Knoblach be added as an author on H. F. No. 856. The motion prevailed.

Reuter moved that his name be stricken as an author on H. F. No. 1116. The motion prevailed.

Koppendrayer moved that the name of Stanek be added as an author on H. F. No. 1162. The motion prevailed.

Rhodes moved that the name of Marko be added as an author on H. F. No. 1353. The motion prevailed.

Bradley moved that his name be stricken as an author on H. F. No. 1503. The motion prevailed.

Mulder moved that his name be stricken as an author on H. F. No. 1710. The motion prevailed.

Reuter moved that his name be stricken as an author on H. F. No. 1785. The motion prevailed.

Harder moved that her name be stricken as an author on H. F. No. 1785. The motion prevailed.

Gunther moved that his name be stricken as an author on H. F. No. 1785. The motion prevailed.

Bettermann moved that the name of Mulder be added as an author on H. F. No. 1900. The motion prevailed.

Erhardt moved that the name of Workman be added as an author on H. F. No. 1909. The motion prevailed.

Entenza moved that the name of McCollum be added as an author on H. F. No. 1916. The motion prevailed.

Swenson, H., moved that the name of Mulder be added as an author on H. F. No. 1943. The motion prevailed.

Broecker moved that the name of Larsen be added as an author on H. F. No. 1947. The motion prevailed.

Jefferson moved that H. F. No. 1880 be recalled from the Committee on Economic Development and International Trade and be re-referred to the Committee on Labor-Management Relations. The motion prevailed.

Tunheim moved that H. F. No. 1172, now on Technical General Orders, be re-referred to the Committee on Commerce, Tourism and Consumer Affairs. The motion prevailed.

Wagenius moved that S. F. No. 501, now on General Orders, be re-referred to the Committee on Transportation and Transit. The motion prevailed.

Dempsey moved that H. F. No. 1593 be returned to its author. The motion prevailed.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 12:00 noon, Wednesday, March 26, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and Speaker pro tempore Wejcman declared the House stands adjourned until 12:00 noon, Wednesday, March 26, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives


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