STATE OF MINNESOTA Journal of the House SEVENTY-EIGHTH SESSION 1994 __________________ ONE-HUNDREDTH DAY Saint Paul, Minnesota, Thursday, April 28, 1994 The House of Representatives convened at 9:30 a.m. and was called to order by Speaker pro tempore Bauerly. Prayer was offered by the Reverend Michael M. Rico, Evangelical Covenant Church, Warren, Minnesota. The roll was called and the following members were present: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Lieder Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Worke Workman A quorum was present. Bettermann was excused. Pauly was excused until 9:50 a.m. Garcia and Leppik were excused until 9:55 a.m. Sviggum was excused until 10:00 a.m. Anderson, I., and Morrison were excused until 10:05 a.m. Vellenga was excused until 10:15 a.m. Wolf was excused until 10:20 a.m. Limmer was excused until 10:50 a.m. Stanius was excused until 12:00 noon. The Chief Clerk proceeded to read the Journal of the preceding day. Finseth moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed. REPORTS OF CHIEF CLERK S. F. No. 2090 and H. F. No. 2055, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions. SUSPENSION OF RULES Farrell moved that the rules be so far suspended that S. F. No. 2090 be substituted for H. F. No. 2055 and that the House File be indefinitely postponed. The motion prevailed. SECOND READING OF SENATE BILLS S. F. No. 2090 was read for the second time. INTRODUCTION AND FIRST READING OF HOUSE BILLS The following House File was introduced: Morrison, Wolf, Carlson, Solberg and Vellenga introduced: H. F. No. 3239, A bill for an act relating to education; providing assistance to school districts by permitting the waiver of certain rules and statutes in response to a catastrophe; appropriating money for payment to independent school district No. 191, Burnsville; amending Minnesota Statutes 1992, section 121.11, by adding a subdivision. The bill was read for the first time and referred to the Committee on Ways and Means. HOUSE ADVISORIES The following House Advisory was introduced: Clark, Greenfield, Jefferson and Long introduced: H. A. No. 38, A proposal to study installation and funding of fire sprinklers in residential public high-rise buildings. The advisory was referred to the Committee on Housing. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: H. F. No. 2410, A bill for an act relating to natural resources; sale of native tree seed and tree planting stock; terms and conditions governing the leasing of state timber lands; amending Minnesota Statutes 1992, sections 89.36, subdivision 3; 89.37, by adding a subdivision; 90.101, subdivision 2; 90.151, subdivision 1; 90.161, subdivisions 1 and 2; 90.191, subdivision 2; and 90.193; Minnesota Statutes 1993 Supplement, sections 90.101, subdivision 1; and 90.121; repealing Minnesota Statutes 1992, section 90.151, subdivisions 13 and 14. The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: H. F. No. 2624, A bill for an act relating to employee relations; ratifying labor agreements; making certain positions unclassified; changing duties of the legislative commission on employee relations; revising a salary range for a certain position in the judicial branch; modifying duties of the commissioner of employee relations; amending Minnesota Statutes 1992, sections 3.855, subdivisions 2, 3, and by adding a subdivision; 15A.081, subdivisions 7 and 7b; 43A.05, subdivision 5; 43A.08, subdivisions 1 and 1a; 43A.18, subdivisions 2, 3, and 5; 179A.10, subdivision 3; 179A.18, subdivision 1; and 179A.22, subdivision 4; Minnesota Statutes 1993 Supplement, sections 15A.081, subdivision 1; 15A.083, subdivision 4; and 43A.18, subdivision 4. The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File: H. F. No. 1999, A bill for an act relating to insurance; requiring disclosure of information relating to insurance fraud; granting immunity for reporting suspected insurance fraud; requiring insurers to develop antifraud plans; prescribing penalties; proposing coding for new law in Minnesota Statutes, chapter 60A. The Senate has appointed as such committee: Mr. Riveness, Ms. Anderson and Mr. Larson. Said House File is herewith returned to the House. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File: H. F. No. 2046, A bill for an act relating to wild animals; restricting the killing of dogs wounding, killing, or pursuing big game within the metropolitan area; amending Minnesota Statutes 1992, section 97B.011. The Senate has appointed as such committee: Ms. Ranum, Mr. Laidig and Ms. Anderson. Said House File is herewith returned to the House. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File: H. F. No. 2227, A bill for an act relating to electric currents in earth; requiring the public utilities commission to appoint a team of science advisors; mandating scientific framing of research questions; providing for studies of stray voltage and the effects of earth as a conductor of electricity; requiring scientific peer review of findings and conclusions; providing for a report to the public utilities commission; appropriating money. The Senate has appointed as such committee: Messrs. Sams, Bertram and Dille. Said House File is herewith returned to the House. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File: H. F. No. 3193, A bill for an act relating to public finance; providing conditions and requirements for the issuance of debt; authorizing the use of revenue recapture by certain housing agencies; clarifying a property tax exemption; allowing school districts to make and levy for certain contract or lease purchases; changing contract requirements for certain projects; changing certain debt service fund requirements; authorizing use of special assessments for on-site water contamination improvements; authorizing an increase in the membership of county housing and redevelopment authorities; amending Minnesota Statutes 1992, sections 270A.03, subdivision 2; 383.06, subdivision 2; 429.011, by adding a subdivision; 429.031, subdivision 3; 469.006, subdivision 1; 469.015, subdivision 4; 469.158; 469.184, by adding a subdivision; 471.56, subdivision 5; 471.562, subdivision 3, and by adding a subdivision; 475.52, subdivision 1; 475.53, subdivision 5; 475.54, subdivision 16; 475.66, subdivision 1; and 475.79; Minnesota Statutes 1993 Supplement, sections 124.91, subdivision 3; 272.02, subdivision 1; and 469.033, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 469. The Senate has appointed as such committee: Mr. Pogemiller; Ms. Reichgott Junge and Mr. Belanger. Said House File is herewith returned to the House. Patrick E. Flahaven, Secretary of the Senate Mr. Speaker: I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: S. F. No. 2104. The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House. Patrick E. Flahaven, Secretary of the Senate CONFERENCE COMMITTEE REPORT ON S. F. NO. 2104 A bill for an act relating to children; establishing an abused child program under the commissioner of corrections; creating an advisory committee; specifying powers and duties of the commissioner and the advisory committee; proposing coding for new law in Minnesota Statutes, chapter 241. April 25, 1994 The Honorable Allan H. Spear President of the Senate The Honorable Irv Anderson Speaker of the House of Representatives We, the undersigned conferees for S. F. No. 2104, report that we have agreed upon the items in dispute and recommend as follows: That the House recede from its amendment and that S. F. No. 2104 be further amended as follows: Page 1, line 9, delete "241.445" and insert "611A.362" Page 1, line 22, delete "241.446" and insert "611A.363" Page 2, line 26, after "grant" insert "under this section" Page 2, line 36, delete "241.447" and insert "611A.364" Page 3, line 25, delete "241.448" and insert "611A.365" Amend the title as follows: Page 1, line 7, delete "241" and insert "611A" We request adoption of this report and repassage of the bill. Senate Conferees: Linda Runbeck, Deanna Wiener and Sheila M. Kiscaden. House Conferees: Linda Wejcman, Mary Murphy and Darlene Luther. Wejcman moved that the report of the Conference Committee on S. F. No. 2104 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed. S. F. No. 2104, A bill for an act relating to children; establishing an abused child program under the commissioner of corrections; creating an advisory committee; specifying powers and duties of the commissioner and the advisory committee; proposing coding for new law in Minnesota Statutes, chapter 241. The bill was read for the third time, as amended by Conference, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 114 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kinkel Klinzing Knight Koppendrayer Krinkie Krueger Lasley Lieder Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McGuire Milbert Molnau Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Ostrom Ozment Pawlenty Pelowski Perlt Peterson Pugh Reding Rhodes Rice Rodosovich Rukavina Sarna Sekhon Simoneau Skoglund Smith Solberg Steensma Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Worke Workman The bill was repassed, as amended by Conference, and its title agreed to. Mr. Speaker: I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: S. F. No. 2709. The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House. Patrick E. Flahaven, Secretary of the Senate CONFERENCE COMMITTEE REPORT ON S. F. NO. 2709 A bill for an act relating to agriculture; amending provisions regarding the pricing of certain dairy products; amending Minnesota Statutes 1993 Supplement, section 32.72. April 25, 1994 The Honorable Allan H. Spear President of the Senate The Honorable Irv Anderson Speaker of the House of Representatives We, the undersigned conferees for S. F. No. 2709, report that we have agreed upon the items in dispute and recommend as follows: That the House recede from its amendment. We request adoption of this report and repassage of the bill. Senate Conferees: Charles A. Berg, Cal Larson and Dallas C. Sams. House Conferees: Gene Hugoson, Stephen G. Wenzel and Sydney G. Nelson. Hugoson moved that the report of the Conference Committee on S. F. No. 2709 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed. S. F. No. 2709, A bill for an act relating to agriculture; amending provisions regarding the pricing of certain dairy products; amending Minnesota Statutes 1993 Supplement, section 32.72. The bill was read for the third time, as amended by Conference, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 114 yeas and 1 nay as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knight Koppendrayer Krinkie Krueger Lasley Lieder Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Opatz Orenstein Orfield Ostrom Ozment Pawlenty Pelowski Perlt Peterson Pugh Reding Rhodes Rice Rodosovich Rukavina Sarna Sekhon Simoneau Skoglund Smith Solberg Steensma Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Worke Workman Those who voted in the negative were: Onnen The bill was repassed, as amended by Conference, and its title agreed to. Mr. Speaker: I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File: S. F. No. 2289, A bill for an act relating to the environment; authorizing a person who wishes to construct or expand an air emission facility to reimburse certain costs of the pollution control agency; appropriating money; amending Minnesota Statutes 1992, section 116.07, subdivision 4d. The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee: Mr. Merriam, Ms. Wiener and Mr. Laidig. Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee. Patrick E. Flahaven, Secretary of the Senate Weaver moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2289. The motion prevailed. Mr. Speaker: I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File: S. F. No. 2192, A bill for an act relating to health; MinnesotaCare; establishing and regulating community integrated service networks; defining terms; creating a reinsurance and risk adjustment association; classifying data; requiring reports; mandating studies; modifying provisions relating to the regulated all-payer option; requiring administrative rulemaking; setting timelines and requiring plans for implementation; designating essential community providers; establishing an expedited fact finding and dispute resolution process; requiring proposed legislation; establishing task forces; providing for demonstration models; mandating universal coverage; requiring insurance reforms; providing grant programs; establishing the Minnesota health care administrative simplification act; implementing electronic data interchange standards; creating the Minnesota center for health care electronic data interchange; providing standards for the Minnesota health care identification card; appropriating money; providing penalties; amending Minnesota Statutes 1992, sections 60A.02, subdivision 3; 60A.15, subdivision 1; 62A.303; 62D.02, subdivision 4; 62D.04, by adding a subdivision; 62E.02, subdivisions 10, 18, 20, and 23; 62E.10, subdivisions 1, 2, and 3; 62E.141; 62E.16; 62J.03, by adding a subdivision; 62L.02, subdivisions 9, 13, 17, 24, and by adding subdivisions; 62L.03, subdivision 1; 62L.05, subdivisions 1, 5, and 8; 62L.06; 62L.07, subdivision 2; 62L.08, subdivisions 2, 5, 6, and 7; 62L.12; 62L.21, subdivision 2; 62M.02, subdivisions 5 and 21; 62M.03, subdivisions 1, 2, and 3; 62M.05, subdivision 3; 62M.06, subdivision 3; 62M.09, subdivision 5; 144.335, by adding a subdivision; 144.581, subdivision 2; 256.9355, by adding a subdivision; 256.9358, subdivision 4; 295.50, by adding subdivisions; and 318.02, by adding a subdivision; Minnesota Statutes 1993 Supplement, sections 43A.317, by adding a subdivision; 60K.14, subdivision 7; 61B.20, subdivision 13; 62A.011, subdivision 3; 62A.65, subdivisions 2, 3, 4, 5, and by adding subdivisions; 62D.12, subdivision 17; 62J.03, subdivision 6; 62J.04, subdivisions 1 and 1a; 62J.09, subdivisions 1a and 2; 62J.33, by adding subdivisions; 62J.35, subdivisions 2 and 3; 62J.38; 62J.41, subdivision 2; 62J.45, by adding subdivisions; 62L.02, subdivisions 8, 11, 15, 16, 19, and 26; 62L.03, subdivisions 3, 4, and 5; 62L.04, subdivision 1; 62L.08, subdivisions 4 and 8; 62N.01; 62N.02, subdivisions 1, 8, and by adding a subdivision; 62N.06, subdivision 1; 62N.065, subdivision 1; 62N.10, subdivisions 1 and 2; 62N.22; 62N.23; 62P.01; 62P.03; 62P.04; 62P.05; 144.1486; 151.21, subdivisions 7 and 8; 256.9352, subdivision 3; 256.9353, subdivisions 3 and 7; 256.9354, subdivisions 1, 4, 5, and 6; 256.9356, subdivision 3; 256.9362, subdivision 6; 256.9363, subdivisions 6, 7, and 9; 256.9657, subdivision 3; 295.50, subdivisions 3, 4, and 12b; 295.52, subdivision 5; 295.53, subdivisions 1, 2, and 5; 295.54; 295.58; and 295.582; Laws 1992, chapter 549, article 9, section 22; proposing coding for new law in Minnesota Statutes, chapters 62A; 62J; 62N; 62P; 144; and 317A; proposing coding for new law as Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 1992, sections 62A.02, subdivision 5; 62E.51; 62E.52; 62E.53; 62E.531; 62E.54; 62E.55; and 256.362, subdivision 5; Minnesota Statutes 1993 Supplement, sections 62J.04, subdivision 8; 62N.07; 62N.075; 62N.08; 62N.085; and 62N.16. The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee: Ms. Berglin; Mr. Benson, D. D.; Ms. Piper; Mr. Sams and Ms. Kiscaden. Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee. Patrick E. Flahaven, Secretary of the Senate Greenfield moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2192. The motion prevailed. Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 1919, A bill for an act relating to manufactured homes; clarifying certain language governing application fees with in park sales; requiring a study; amending Minnesota Statutes 1992, section 327C.07, subdivisions 1, 2, 3, and 6. Patrick E. Flahaven, Secretary of the Senate Evans moved that the House refuse to concur in the Senate amendments to H. F. No. 1919, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed. Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 3032, A bill for an act relating to game and fish; clarifying the purposes for which various game and fish revenues may be spent; abolishing the angling license refund for senior citizens; changing certain deer hunting provisions; amending Minnesota Statutes 1992, sections 97A.071, subdivision 3; 97A.075, subdivisions 2, 3, and 4; 97A.475, subdivisions 6, 7, 8, and 13; and 97A.485, subdivision 7; and 97B.055, subdivision 3; Minnesota Statutes 1993 Supplement, sections 97A.055, subdivision 4; 97A.091, subdivision 2; 97A.475, subdivision 12; and 97A.485, subdivision 6; repealing Minnesota Statutes 1992, sections 97A.065, subdivision 3; and 97A.475, subdivision 9. Patrick E. Flahaven, Secretary of the Senate CONCURRENCE AND REPASSAGE Pugh moved that the House concur in the Senate amendments to H. F. No. 3032 and that the bill be repassed as amended by the Senate. The motion prevailed. H. F. No. 3032, A bill for an act relating to game and fish; clarifying the purposes for which various game and fish revenues may be spent; requiring establishment of citizen oversight committees to review expenditures of game and fish revenues; abolishing the angling license refund for senior citizens; requiring the commissioner of natural resources to negotiate with bargaining units prior to involuntary layoffs; appropriating money and reducing earlier appropriations; amending Minnesota Statutes 1992, sections 97A.055, by adding a subdivision; 97A.061, subdivision 1; 97A.071, subdivision 3, and by adding subdivisions; 97A.075, subdivisions 2, 3, and 4; 97A.165; 97A.475, subdivisions 6, 7, 8, and 13; and 97A.485, subdivision 7; Minnesota Statutes 1993 Supplement, sections 97A.055, subdivision 4; 97A.061, subdivision 3; 97A.071, subdivision 2; 97A.475, subdivision 12; and 97A.485, subdivision 6; repealing Minnesota Statutes 1992, sections 97A.065, subdivision 3; 97A.071, subdivision 4; 97A.475, subdivision 9; and 103E.615, subdivision 6. The bill was read for the third time, as amended by the Senate, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 114 yeas and 8 nays as follows: Those who voted in the affirmative were: Abrams Asch Battaglia Bauerly Beard Bergson Bertram Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Girard Goodno Greenfield Greiling Gruenes Gutknecht Haukoos Hausman Holsten Hugoson Huntley Jacobs Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Koppendrayer Krinkie Krueger Lasley Lieder Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Weaver Wejcman Wenzel Winter Worke Workman Those who voted in the negative were: Anderson, R. Brown, C. Hasskamp Jaros Knight Rukavina Steensma Waltman The bill was repassed, as amended by the Senate, and its title agreed to. Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 2034, A bill for an act relating to transportation; changing eligibility requirements for distribution of funds from the town road account and town bridge account; amending Minnesota Statutes 1993 Supplement, sections 161.082, subdivision 2a; and 162.081, subdivision 4. Patrick E. Flahaven, Secretary of the Senate CONCURRENCE AND REPASSAGE Lieder moved that the House concur in the Senate amendments to H. F. No. 2034 and that the bill be repassed as amended by the Senate. The motion prevailed. H. F. No. 2034, A bill for an act relating to transportation; changing eligibility requirements for distribution of funds from the town road account; amending Minnesota Statutes 1993 Supplement, section 162.081, subdivision 4. The bill was read for the third time, as amended by the Senate, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 123 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Worke Workman The bill was repassed, as amended by the Senate, and its title agreed to. Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 2226, A bill for an act relating to state government; permitting employees of Minnesota Project Innovation, Inc. to participate in certain state employee benefit programs; amending Minnesota Statutes 1992, section 116O.04, subdivision 2. Patrick E. Flahaven, Secretary of the Senate CONCURRENCE AND REPASSAGE Krueger moved that the House concur in the Senate amendments to H. F. No. 2226 and that the bill be repassed as amended by the Senate. The motion prevailed. H. F. No. 2226, A bill for an act relating to state government; permitting employees of Minnesota Project Innovation, Inc. to participate in certain state employee benefit programs; amending Minnesota Statutes 1992, section 116O.04, subdivision 2. The bill was read for the third time, as amended by the Senate, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Lindner Long Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Worke Workman The bill was repassed, as amended by the Senate, and its title agreed to. Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 2925, A bill for an act relating to state lands; requiring that certain leased lakeshore lots in Cook county be reoffered for public sale. Patrick E. Flahaven, Secretary of the Senate CONCURRENCE AND REPASSAGE Battaglia moved that the House concur in the Senate amendments to H. F. No. 2925 and that the bill be repassed as amended by the Senate. The motion prevailed. H. F. No. 2925, A bill for an act relating to state lands; requiring that certain leased lakeshore lots in Cook county be reoffered for public sale; correcting the description of certain state land to be conveyed to Kandiyohi county. The bill was read for the third time, as amended by the Senate, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 123 yeas and 2 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Lasley Leppik Lieder Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Worke Workman Those who voted in the negative were: Lindner Molnau The bill was repassed, as amended by the Senate, and its title agreed to. Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 2120, A bill for an act relating to occupations and professions; providing that health-related licensing boards may establish a program to protect the public from impaired regulated persons; providing for appointments; providing for rulemaking; appropriating money; amending Minnesota Statutes 1993 Supplement, section 214.06, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 214. Patrick E. Flahaven, Secretary of the Senate CONCURRENCE AND REPASSAGE Kelley moved that the House concur in the Senate amendments to H. F. No. 2120 and that the bill be repassed as amended by the Senate. The motion prevailed. H. F. No. 2120, A bill for an act relating to occupations and professions; providing that health-related licensing boards may establish a program to protect the public from impaired regulated persons; providing for appointments; providing for rulemaking; appropriating money; amending Minnesota Statutes 1993 Supplement, section 214.06, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 214. The bill was read for the third time, as amended by the Senate, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 112 yeas and 14 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Dawkins Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Garcia Girard Goodno Greenfield Greiling Gruenes Hasskamp Hausman Holsten Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Koppendrayer Krueger Lasley Leppik Lieder Lindner Long Lourey Luther Macklin Mahon Mariani McCollum McGuire Milbert Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Weaver Wejcman Wenzel Winter Worke Those who voted in the negative were: Davids Dehler Frerichs Gutknecht Haukoos Hugoson Knight Krinkie Lynch Molnau Olson, M. Onnen Waltman Workman The bill was repassed, as amended by the Senate, and its title agreed to. The following Conference Committee Reports were received: CONFERENCE COMMITTEE REPORT ON H. F. NO. 2710 A bill for an act relating to state government; requiring the commissioner of administration to study and report on the best way to increase electronic services to citizens; proposing coding for new law in Minnesota Statutes, chapter 16B. April 27, 1994 The Honorable Irv Anderson Speaker of the House of Representatives The Honorable Allan H. Spear President of the Senate We, the undersigned conferees for H. F. No. 2710, report that we have agreed upon the items in dispute and recommend as follows: That the Senate recede from its amendment and that H. F. No. 2710 be further amended as follows: Delete everything after the enacting clause and insert: "Section 1. [3.197] [REQUIRED REPORTS.] A report to the legislature must contain, at the beginning of the report, the cost of preparing the report, including any costs incurred by another agency or another level of government. Sec. 2. [16B.467] [ELECTRONIC PERMITTING AND LICENSING.] The commissioner of administration shall develop and implement a system under which people seeking state permits or licenses that can be issued immediately upon payment of a fee can obtain these permits and licenses through electronic access to the appropriate state agencies. Sec. 3. [STUDY.] The commissioner of administration shall study and report to the legislature by January 1, 1995, on the best way to increase conveniently accessible and affordable electronic services to citizens, including electronic licensing and permitting of a wide variety of state services. As part of this study, the commissioner shall consider the advisability of using the state lottery computer network as a vehicle for delivering these services. Sec. 4. [INSTRUCTIONS TO REVISOR.] It is the intent of the legislature to repeal or otherwise remove from Minnesota Statutes all standing requirements for unnecessary periodic reports from state agencies to the legislature. By October 1, 1994, the revisor of statutes shall submit to the chairs of the house and senate governmental operations committees a list of required periodic reports in Minnesota Statutes, including a statutory citation to each report." Delete the title and insert: "A bill for an act relating to state government; modifying requirements for reports to the legislature; requiring creation of a system for electronic applications for licenses; requiring a study; proposing coding for new law in Minnesota Statutes, chapters 3; and 16B." We request adoption of this report and repassage of the bill. House Conferees: Phyllis Kahn, Richard "Rick" Krueger and Phil Krinkie. Senate Conferees: Phil J. Riveness, James P. Metzen and Roy W. Terwilliger. Kahn moved that the report of the Conference Committee on H. F. No. 2710 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed. H. F. No. 2710, A bill for an act relating to state government; requiring the commissioner of administration to study and report on the best way to increase electronic services to citizens; proposing coding for new law in Minnesota Statutes, chapter 16B. The bill was read for the third time, as amended by Conference, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 128 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Worke Workman Spk. Anderson, I. The bill was repassed, as amended by Conference, and its title agreed to. CONFERENCE COMMITTEE REPORT ON H. F. NO. 2485 A bill for an act relating to water; providing for duties of the legislative water commission; providing for a sustainable agriculture advisory committee; requiring plans relating to sustainable agriculture and integrated pest management; regulating acceptance of empty pesticide containers; changing disclosures and fees related to dewatering wells; establishing groundwater policy and education; changing water well permit requirements; requiring reports to the legislature; amending Minnesota Statutes 1992, sections 3.887, subdivisions 5, 6, and 8; 17.114, subdivisions 1, 3, 4, and by adding a subdivision; 18B.045, subdivision 1; 103A.43; 103B.151, subdivision 1; 103G.271, subdivision 5; 103H.175, by adding a subdivision; 103H.201, subdivisions 1 and 4; 103I.101, subdivision 5; 103I.205, subdivision 1; 103I.208; and 103I.331, subdivision 6; Minnesota Statutes 1993 Supplement, sections 18B.135, subdivision 1; 18E.06; and 115B.20, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 103A; and 103F; repealing Minnesota Statutes 1992, section 103F.460. April 26, 1994 The Honorable Irv Anderson Speaker of the House of Representatives The Honorable Allan H. Spear President of the Senate We, the undersigned conferees for H. F. No. 2485, report that we have agreed upon the items in dispute and recommend as follows: That the Senate recede from its amendments and that H. F. No. 2485 be further amended as follows: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 1992, section 3.887, subdivision 5, is amended to read: Subd. 5. [POWERS AND DUTIES.] (a) The legislative water commission shall review water policy reports and recommendations of the environmental quality board, the biennial report of the board of water and soil resources, and other water-related reports as may be required by law or the legislature. (b) The commission shall oversee the activities of the pollution control agency under sections 116.16 to 116.181 relating to water pollution control. (c) The commission may conduct public hearings and otherwise secure data and comments. (d) The commission shall hold annual hearings on issues relating to groundwater including, in every even-numbered year, a hearing on the groundwater policy report required by section 103A.204. (e) The commission shall make recommendations as it deems proper to assist the legislature in formulating legislation. (e) (f) Data or information compiled by the legislative water commission or its subcommittees shall be made available to the legislative commission on Minnesota resources and standing and interim committees of the legislature on request of the chair of the respective commission or committee. Sec. 2. Minnesota Statutes 1992, section 3.887, subdivision 6, is amended to read: Subd. 6. [STUDY REVIEW OF POLICY REPORT.] The legislative water commission shall study the recommendations of the environmental quality board for the management and protection of water resources in the state, and shall report its findings to the legislative commission on Minnesota resources and the legislature by November 15, 1991, on the state's water management needs for the year 2000 hold a hearing on the groundwater policy report submitted every even-numbered year by the environmental quality board under section 103A.204. Sec. 3. Minnesota Statutes 1992, section 3.887, subdivision 8, is amended to read: Subd. 8. [REPEALER.] This section is repealed effective June 30, 1995 1999. Sec. 4. Minnesota Statutes 1992, section 17.114, subdivision 1, is amended to read: Subdivision 1. [PURPOSE.] To assure the viability of agriculture in this state, the commissioner shall investigate, demonstrate, report on, and make recommendations on the current and future sustainability of agriculture in this state. The department of agriculture is the lead state agency on sustainable agriculture has the meaning given to it in Laws 1987, chapter 396, article 12, section 6 and integrated pest management. Sec. 5. Minnesota Statutes 1992, section 17.114, subdivision 3, is amended to read: Subd. 3. [DUTIES.] (a) The commissioner shall: (1) establish a clearinghouse and provide information, appropriate educational opportunities and other assistance to individuals, producers, and groups about sustainable agricultural techniques, practices, and opportunities; (2) survey producers and support services and organizations to determine information and research needs in the area of sustainable agricultural practices; (3) demonstrate the on-farm applicability of sustainable agriculture practices to conditions in this state; (4) coordinate the efforts of state agencies regarding activities relating to sustainable agriculture; (5) direct the programs of the department so as to work toward the sustainability of agriculture in this state; (6) inform agencies of how state or federal programs could utilize and support sustainable agriculture practices; (7) work closely with farmers, the University of Minnesota, and other appropriate organizations to identify opportunities and needs as well as assure coordination and avoid duplication of state agency efforts regarding research, teaching, and extension work relating to sustainable agriculture; and (8) report to the legislature environmental quality board for review and then to the legislative water commission every odd-numbered even-numbered year. (b) The report under paragraph (a), clause (8), must include: (1) the presentation and analysis of findings regarding the current status and trends regarding the economic condition of producers; the status of soil and water resources utilized by production agriculture; the magnitude of off-farm inputs used; and the amount of nonrenewable resources used by Minnesota farmers; (2) a description of current state or federal programs directed toward sustainable agriculture including significant results and experiences of those programs; (3) a description of specific actions the department of agriculture is taking in the area of sustainable agriculture; (4) a description of current and future research needs at all levels in the area of sustainable agriculture; and (5) suggestions for changes in existing programs or policies or enactment of new programs or policies that will affect farm profitability, maintain soil and water quality, reduce input costs, or lessen dependence upon nonrenewable resources. Sec. 6. Minnesota Statutes 1992, section 17.114, is amended by adding a subdivision to read: Subd. 3a. [SUSTAINABLE AGRICULTURE ADVISORY COMMITTEE.] (a) The commissioner shall establish a sustainable agriculture advisory committee to assist in carrying out the duties in subdivision 3. The committee must include farmers, higher education representatives with expertise in sustainable agriculture, officials from other state agencies, representatives from the agricultural utilization research institute, private sector agricultural professionals, and representatives from environmental and agricultural interest groups. Terms, compensation, and removal of members are governed by section 15.059. (b) This subdivision is repealed effective December 31, 1999. Sec. 7. Minnesota Statutes 1992, section 17.114, subdivision 4, is amended to read: Subd. 4. [INTEGRATED PEST MANAGEMENT.] (a) The state shall promote and facilitate the use of integrated pest management through education, technical or financial assistance, information and research. (b) The commissioner shall coordinate the development of a state approach to the promotion and use of integrated pest management, which shall include delineation of the responsibilities of the state, public post-secondary institutions, Minnesota extension service, local units of government, and the private sector; establishment of information exchange and integration; procedures for identifying research needs and reviewing and preparing informational materials; procedures for factoring integrated pest management into state laws, rules, and uses of pesticides; and identification of barriers to adoption. (c) The commissioner shall report to the governor and legislature by November 15, 1990, and on a biennial basis thereafter environmental quality board for review and then to the legislative water commission every even-numbered year. The report shall be combined with the report required in subdivision 3. Sec. 8. Minnesota Statutes 1992, section 18B.045, subdivision 1, is amended to read: Subdivision 1. [DEVELOPMENT.] The commissioner shall develop a pesticide management plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide breakdown products in groundwaters and surface waters of the state. The pesticide management plan must include components promoting prevention, developing appropriate responses to the detection of pesticides or pesticide breakdown products in groundwater and surface waters, and providing responses to reduce or eliminate continued pesticide movement to groundwater and surface water. Beginning September 1, 1994, and biennially thereafter, the commissioner must submit a status report on the plan to the environmental quality board for review and then to the legislative water commission. Sec. 9. Minnesota Statutes 1993 Supplement, section 18B.135, subdivision 1, is amended to read: Subdivision 1. [ACCEPTANCE OF PESTICIDE CONTAINERS.] (a) A person distributing, offering for sale, or selling a pesticide must accept empty pesticide containers from a pesticide end user if: (1) the pesticide was purchased person does not participate in a designated collection program for pesticide containers after July 1, 1994; (2) the empty container is prepared for disposal in accordance with label instructions and is returned to the place of purchase within the state; and (3) a collection site that is seasonably accessible on multiple days has not been designated either by the county board or by agreement with other counties, the agricultural chemical dealer(s) in their respective counties, or the commissioner for the public to return empty pesticide containers for the purpose of reuse or recycling or following other approved management practices for pesticide containers in the order of preference established in section 115A.02, paragraph (b), and the county or counties have notified the commissioner of their intentions annually by February 1, in writing, to manage the empty pesticide containers. (b) This subdivision does not prohibit the use of refillable and reusable pesticide containers. (c) If a county or counties designate a collection site as provided in paragraph (a), clause (3), A person who has been notified by the county or counties of the designated collection site and who sells pesticides to a pesticide end user must notify purchasers of pesticides at the time of sale of the date and location designated for disposal of empty containers. (d) For purposes of this section, pesticide containers do not include containers that have held sanitizers and disinfectants, containers made of metal or paper, plastic bags, bag-in-a-box, water soluble bags, and aerosol packaging, pesticides labeled primarily for use on humans or pets, or pesticides not requiring dilution or mixing. Sec. 10. Minnesota Statutes 1993 Supplement, section 18E.06, is amended to read: 18E.06 [REPORT TO WATER COMMISSION.] By November September 1, 1990 1994, and each year thereafter, the agricultural chemical response compensation board and the commissioner shall submit to the house of representatives committee on ways and means, the senate committee on finance, the environmental quality board, and the legislative water commission a report detailing the activities and reimbursements for which money from the account has been spent during the previous year. Sec. 11. [103A.204] [GROUNDWATER POLICY.] (a) The responsibility for the protection of groundwater in Minnesota is vested in a multi-agency approach to management. The following is a list of agencies and the groundwater protection areas for which the agencies are primarily responsible; the list is not intended to restrict the areas of responsibility to only those specified: (1) environmental quality board: creation of a water resources committee to coordinate state groundwater protection programs and a biennial groundwater policy report beginning in 1994 that includes, for the 1994 report, the findings in the groundwater protection report coordinated by the pollution control agency for the Environmental Protection Agency; (2) pollution control agency: water quality monitoring and reporting and the development of best management practices and regulatory mechanisms for protection of groundwater from nonagricultural chemical contaminants; (3) department of agriculture: sustainable agriculture, integrated pest management, water quality monitoring, and the development of best management practices and regulatory mechanisms for protection of groundwater from agricultural chemical contaminants; (4) board of water and soil resources: reporting on groundwater education and outreach with local government officials, local water planning and management, and local cost share programs; (5) department of natural resources: water quantity monitoring and regulation, sensitivity mapping, and development of a plan for the use of integrated pest management and sustainable agriculture on state-owned lands; and (6) department of health: regulation of wells and borings, and the development of health risk limits under section 103H.201. (b) The environmental quality board shall through its water resources committee coordinate with representatives of all agencies listed in paragraph (a), citizens, and other interested groups to prepare a biennial report every even-numbered year as part of its duties described in sections 103A.43 and 103B.151. Sec. 12. Minnesota Statutes 1992, section 103A.43, is amended to read: 103A.43 [WATER RESEARCH NEEDS EVALUATION ASSESSMENTS AND REPORTS.] (a) The environmental quality board shall evaluate and report to the legislative water commission and the legislative commission on Minnesota resources on statewide water research needs and recommended priorities for addressing these needs. Local water research needs may also be included. (b) The environmental quality board shall conduct coordinate a biennial assessment of water quality, groundwater degradation trends, and efforts to reduce, prevent, minimize, and eliminate degradation of water. (c) The environmental quality board shall assess coordinate an assessment of the quantity of surface and ground water in the state and the availability of water to meet the state's needs. (d) The environmental quality board shall prepare coordinate and submit a report on water policy to the legislative water commission and the legislative commission on Minnesota resources by September 15 of each odd-numbered even-numbered year. The report may include the groundwater policy report in section 103A.204. Sec. 13. Minnesota Statutes 1992, section 103B.151, subdivision 1, is amended to read: Subdivision 1. [WATER PLANNING.] The environmental quality board shall: (1) coordinate public water resource management and regulation activities among the state agencies having jurisdiction in the area; (2) initiate, coordinate, and continue to develop comprehensive long-range water resources planning in furtherance of the plan adopted prepared by the water planning environmental quality board board's water resources committee entitled "A Framework for a Water and Related Land Resources Strategy for Minnesota, 1979" including a new plan and strategy "Minnesota Water Plan," published in January 1991, by November September 15, 1990 2000, and each five-year ten-year interval afterwards; (3) coordinate water planning activities of local, regional, and federal bodies with state water planning and integrate these plans with state strategies; (4) coordinate development of state water policy recommendations and priorities, and a recommended program for funding identified needs, including priorities for implementing the state water resources monitoring plan; (5) in cooperation with state agencies participating in the monitoring of water resources, develop a plan for monitoring the state's water resources; (6) administer federal water resources planning with multiagency interests; (7) (6) ensure that groundwater quality monitoring and related data is provided and integrated into the Minnesota land management information system according to published data compatibility guidelines. Costs of integrating the data in accordance with data compatibility standards must be borne by the agency generating the data; (8) identify water resources information and education needs, priorities, and goals and prepare an implementation plan to guide state activities relating to water resources information and education; (9) (7) coordinate the development and evaluation of water information and education materials and resources; and (10) (8) coordinate the dissemination of water information and education through existing delivery systems. Sec. 14. [103F.461] [GROUNDWATER EDUCATION.] (a) In each even-numbered year, the board of water and soil resources must review groundwater education activities with local units of government and develop recommendations for improvement in a report to the environmental quality board for review and then to the legislative water commission as part of the groundwater policy report in section 103A.204. The board must work with agencies and interested groups with responsibility for groundwater education in preparing the report. (b) The board must ensure that the biennial review of groundwater education with local units of government is coordinated with the Minnesota environmental education advisory board and the nonpoint source education and information strategy of the pollution control agency. (c) Grants for innovative groundwater education strategies to local units of government identified in this section may be awarded by the board of water and soil resources. Sec. 15. Minnesota Statutes 1992, section 103G.271, subdivision 5, is amended to read: Subd. 5. [PROHIBITION ON ONCE-THROUGH WATER USE PERMITS.] (a) The commissioner may not, after December 31, 1990, issue a water use permit to increase the volume of appropriation from a groundwater source for a once-through cooling system using in excess of 5,000,000 gallons annually. (b) Except as provided in paragraph (c), once-through system water use permits using in excess of 5,000,000 gallons annually, must be terminated by the commissioner by the end of their design life but not later than December 31, 2010. Existing once-through systems are required to convert to water efficient alternatives within the design life of existing equipment. The commissioner shall, by August 1, 1990, submit to the legislative water commission for review the approach by which the commissioner will achieve appropriate conversion of the systems after considering the age of the system, the condition of the system, recent investments in the system, and feasibility and costs of alternatives available to replace usage of a once-through system. (c) Paragraph (b) does not apply where groundwater appropriated for use in a once-through system is subsequently discharged into a wetland or public waters wetland owned or leased by a nonprofit corporation if: (1) the membership of the corporation includes a local government unit; (2) the deed or lease requires that the area containing the wetland or public waters wetland be maintained as a nature preserve; (3) public access is allowed consistent with the area's status as a nature preserve; and (4) by January 1, 2003, the permittee incurs costs of developing the nature preserve and associated facilities that, when discounted to 1992 dollars, exceed twice the projected cost, as determined by the commissioner, of the conversion required in paragraph (b), discounted to 1992 dollars. The costs incurred under clause (4) may include preparation of plans and designs; site preparation; construction of wildlife habitat structures; planting of trees and other vegetation; installation of signs and markers; design and construction of trails, docks, and access structures; and design and construction of interpretative facilities. The permittee shall submit an estimate of the cost of the conversion required in paragraph (b) to the commissioner by January 1, 1993, and shall annually report to the commissioner on the progress of the project and the level of expenditures. Sec. 16. Minnesota Statutes 1992, section 103H.175, is amended by adding a subdivision to read: Subd. 3. [REPORT.] In each even-numbered year, the pollution control agency, in cooperation with other agencies participating in the monitoring of water resources, shall provide a draft report on the status of groundwater monitoring to the environmental quality board for review and then to the legislative water commission as part of the report in section 103A.204. Sec. 17. Minnesota Statutes 1992, section 103H.201, subdivision 1, is amended to read: Subdivision 1. [PROCEDURE.] (a) If groundwater quality monitoring results show that there is a degradation of groundwater, the commissioner of health may promulgate health risk limits under subdivision 2 for substances degrading the groundwater. (b) Health risk limits shall be determined by two methods depending on their toxicological end point. (c) For systemic toxicants that are not carcinogens, the adopted health risk limits shall be derived using United States Environmental Protection Agency risk assessment methods using a reference dose, a drinking water equivalent, an uncertainty factor, and a factor for relative source contamination, which in general will measure an estimate of daily exposure to the human population, including sensitive subgroups, that is unlikely to result in deleterious effects during long-term exposure contribution factor. (d) For toxicants that are known or probable carcinogens, the adopted health risk limits shall be derived from a quantitative estimate of the chemical's carcinogenic potency published by the United States Environmental Protection Agency's carcinogen assessment group Agency and determined by the commissioner to have undergone thorough scientific review. Sec. 18. Minnesota Statutes 1992, section 103H.201, subdivision 4, is amended to read: Subd. 4. [ADOPTION OF EXISTING RECOMMENDED ALLOWABLE LIMITS.] (a) Notwithstanding and in lieu of subdivision 2, until November 1, 1994, the commissioner may adopt recommended allowable limits, and related toxicological end points, established by the commissioner on or before May 1, 1989 February 15, 1994, as health risk limits under this subdivision. Before a recommended allowable limit is adopted as an adopted health risk limit under this subdivision, the commissioner shall: (1) publish in the State Register and disseminate through the Minnesota extension service and through soil and water conservation districts notice of intent to adopt a recommended allowable limit as an adopted health risk limit for specific substances and shall solicit information on the health impacts of the substance; (2) publish the recommended allowable limit in the State Register and disseminate through the Minnesota extension service and through soil and water conservation districts allowing 60 days for public comment; and (3) publish the adopted recommended allowable limit in the State Register and, at the same time, make available a summary of the public comments received and the commissioner's responses to the comments. (b) A recommended allowable limit adopted by the commissioner as an adopted health risk limit under this subdivision may be challenged in the manner provided in sections 14.44 and 14.45. (c) After July 1, 1991, and before September 1, 1991 During the comment period under paragraph (a), clause (2), 25 or more persons may submit a written request for a public hearing as provided under section 14.25 for any health risk limits as adopted under this subdivision. Sec. 19. Minnesota Statutes 1992, section 103I.101, subdivision 5, is amended to read: Subd. 5. [COMMISSIONER TO ADOPT RULES.] The commissioner shall adopt rules including: (1) issuance of licenses for: (i) qualified well contractors, persons modifying or repairing well casings, well screens, or well diameters; (ii) persons constructing, repairing, and sealing unconventional wells such as drive points or dug wells; (iii) persons constructing, repairing, and sealing dewatering wells; (iv) persons sealing wells; and (v) persons installing well pumps or pumping equipment and excavating holes for installing elevator shafts or hydraulic cylinders; (2) issuance of registration for monitoring well contractors; (3) establishment of conditions for examination and review of applications for license and registration; (4) establishment of conditions for revocation and suspension of license and registration; (5) establishment of minimum standards for design, location, construction, repair, and sealing of wells to implement the purpose and intent of this chapter; (6) establishment of a system for reporting on wells and borings drilled and sealed; (7) modification of fees prescribed in this chapter, according to the procedures for setting fees in section 16A.128; (8) establishment of standards for the construction, maintenance, sealing, and water quality monitoring of wells in areas of known or suspected contamination, for which the commissioner may adopt emergency rules; (9) (8) establishment of wellhead protection measures for wells serving public water supplies; (10) (9) establishment of procedures to coordinate collection of well data with other state and local governmental agencies; (11) (10) establishment of criteria and procedures for submission of well logs, formation samples or well cuttings, water samples, or other special information required for and water resource mapping; and (12) (11) establishment of minimum standards for design, location, construction, maintenance, repair, sealing, safety, and resource conservation related to borings, including exploratory borings as defined in section 103I.005, subdivision 9. Until the commissioner adopts rules under this chapter to replace rules relating to wells and borings that were adopted under chapter 156A, the rules adopted under chapter 156A shall remain in effect. Sec. 20. Minnesota Statutes 1992, section 103I.205, subdivision 1, is amended to read: Subdivision 1. [NOTIFICATION REQUIRED.] (a) Except as provided in paragraphs (d) and (e), a person may not construct a well until a notification of the proposed well on a form prescribed by the commissioner is filed with the commissioner with the filing fee in section 103I.208. If after filing the well notification an attempt to construct a well is unsuccessful, a new notification is not required unless the information relating to the successful well has substantially changed. (b) The property owner, the property owner's agent, or the well contractor where a well is to be located must file the well notification with the commissioner. (c) The well notification under this subdivision preempts local permits and notifications, and counties or home rule charter or statutory cities may not require a permit or notification for wells unless the commissioner has delegated the permitting or notification authority under section 103I.111. (d) A person who is an individual that constructs a drive point well on property owned or leased by the individual for farming or agricultural purposes or as the individual's place of abode must notify the commissioner of the installation and location of the well. The person must complete the notification form prescribed by the commissioner and mail it to the commissioner by ten days after the well is completed. A fee may not be charged for the notification. A person who sells drive point wells at retail must provide buyers with notification forms and informational materials including requirements regarding wells, their location, construction, and disclosure. The commissioner must provide the notification forms and informational materials to the sellers. (e) A person may not construct a monitoring well or dewatering well until a permit is issued by the commissioner for the construction. If after obtaining a permit an attempt to construct a well is unsuccessful, a new permit is not required as long as the initial permit is modified to indicate the location of the successful well. Sec. 21. Minnesota Statutes 1992, section 103I.208, is amended to read: 103I.208 [WELL NOTIFICATION FILING FEES AND PERMIT FEES.] Subdivision 1. [WELL NOTIFICATION FEE.] The well notification fee to be paid by a property owner is: (1) for a new well drilled that produces less than 50 gallons a minute based on the actual capacity of the pump installed, $50; and (2) for a new well that produces 50 gallons a minute or more based on the actual capacity of the pump installed, $100.; and (2) for construction of a dewatering well, $100 for each well except a dewatering project comprising five or more wells shall be assessed a single fee of $500 for the wells recorded on the notification. Subd. 2. [PERMIT FEE.] The permit fee to be paid by a property owner is: (1) for a well that is not in use under a maintenance permit, $50 $100 annually; (2) for construction of a monitoring well, $50 $100; (3) for a monitoring well that is unsealed under a maintenance permit, $50 $100 annually; (4) for monitoring wells used as a leak detection device at a single motor fuel retail outlet or petroleum bulk storage site excluding tank farms, the construction permit fee is $50 $100 per site regardless of the number of wells constructed on the site, and the annual fee for a maintenance permit for unsealed monitoring wells is $50 $100 per site regardless of the number of monitoring wells located on site; (5) for a groundwater thermal exchange device, in addition to the notification fee for wells, $50 $100; (6) for a vertical heat exchanger, $50 $100; (7) for construction of the dewatering well, $50 for each well except a dewatering project comprising more than ten wells shall be issued a single permit for the wells recorded on the permit for $500; and (8) (7) for a dewatering well that is unsealed under a maintenance permit, $25 $100 annually for each well, except a dewatering project comprising more than ten five wells shall be issued a single permit for $250 $500 annually for wells recorded on the permit. Sec. 22. Minnesota Statutes 1992, section 103I.235, subdivision 1, is amended to read: Subdivision 1. [DISCLOSURE OF WELLS TO BUYER.] (a) Before signing an agreement to sell or transfer real property, the seller must disclose in writing to the buyer information about the status and location of all known wells on the property, by delivering to the buyer either a statement by the seller that the seller does not know of any wells on the property, or a disclosure statement indicating the legal description and county, and a map drawn from available information showing the location of each well to the extent practicable. In the disclosure statement, the seller must indicate, for each well, whether the well is in use, not in use, or sealed. (b) At the time of closing of the sale, the disclosure statement information, name and mailing address of the buyer, and the quartile, section, township, and range in which each well is located must be provided on a well disclosure certificate signed by the seller or a person authorized to act on behalf of the seller. (c) A well disclosure certificate need not be provided if the seller does not know of any wells on the property and the deed or other instrument of conveyance contains the statement: "The Seller certifies that the Seller does not know of any wells on the described real property." (d) If a deed is given pursuant to a contract for deed, the well disclosure certificate required by this subdivision shall be signed by the buyer or a person authorized to act on behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure certificate is not required if the following statement appears on the deed followed by the signature of the grantee or, if there is more than one grantee, the signature of at least one of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the described real property." The statement and signature of the grantee may be on the front or back of the deed or on an attached sheet and an acknowledgment of the statement by the grantee is not required for the deed to be recordable. (e) This subdivision does not apply to the sale, exchange, or transfer of real property: (1) that consists solely of a sale or transfer of severed mineral interests; or (2) that consists of an individual condominium unit as described in chapters 515 and 515A. (f) For an area owned in common under chapter 515 or 515A the association or other responsible person must report to the commissioner by July 1, 1992, the location and status of all wells in the common area. The association or other responsible person must notify the commissioner within 30 days of any change in the reported status of wells. (g) For real property sold by the state under section 92.67, the lessee at the time of the sale is responsible for compliance with this subdivision. (h) If the seller fails to provide a required well disclosure certificate, the buyer, or a person authorized to act on behalf of the buyer, may sign a well disclosure certificate based on the information provided on the disclosure statement required by this section or based on other available information. (i) A county recorder or registrar of titles may not record a deed or other instrument of conveyance dated after October 31, 1990, for which a certificate of value is required under section 272.115, or any deed or other instrument of conveyance dated after October 31, 1990, from a governmental body exempt from the payment of state deed tax, unless the deed or other instrument of conveyance contains the statement made in accordance with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all the information required by paragraph (b) or (d). The county recorder or registrar of titles must not accept a certificate unless it contains all the required information. The county recorder or registrar of titles shall note on each deed or other instrument of conveyance accompanied by a well disclosure certificate that the well disclosure certificate was received. The notation must include the statement "No wells on property" if the disclosure certificate states there are no wells on the property. The well disclosure certificate shall not be filed or recorded in the records maintained by the county recorder or registrar of titles. After noting "No wells on property" on the deed or other instrument of conveyance, the county recorder or registrar of titles shall destroy or return to the buyer the well disclosure certificate. The county recorder or registrar of titles shall collect from the buyer or the person seeking to record a deed or other instrument of conveyance, a fee of $10 $20 for receipt of a completed well disclosure certificate. By the tenth day of each month, the county recorder or registrar of titles shall transmit the well disclosure certificates to the commissioner of health. By the tenth day after the end of each calendar quarter, the county recorder or registrar of titles shall transmit to the commissioner of health $7.50 $17.50 of the fee for each well disclosure certificate received during the quarter. The commissioner shall maintain the well disclosure certificate for at least six years. The commissioner may store the certificate as an electronic image. A copy of that image shall be as valid as the original. (j) No new well disclosure certificate is required under this subdivision if the buyer or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed or other instrument of conveyance that the status and number of wells on the property have not changed since the last previously filed well disclosure certificate. The following statement, if followed by the signature of the person making the statement, is sufficient to comply with the certification requirement of this paragraph: "I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate." The certification and signature may be on the front or back of the deed or on an attached sheet and an acknowledgment of the statement is not required for the deed or other instrument of conveyance to be recordable. (k) The commissioner in consultation with county recorders shall prescribe the form for a well disclosure certificate and provide well disclosure certificate forms to county recorders and registrars of titles and other interested persons. (l) Failure to comply with a requirement of this subdivision does not impair: (1) the validity of a deed or other instrument of conveyance as between the parties to the deed or instrument or as to any other person who otherwise would be bound by the deed or instrument; or (2) the record, as notice, of any deed or other instrument of conveyance accepted for filing or recording contrary to the provisions of this subdivision. Sec. 23. Minnesota Statutes 1992, section 103I.331, subdivision 6, is amended to read: Subd. 6. [REPEALER.] This section is repealed effective June 30, 1995 1996. Sec. 24. Minnesota Statutes 1992, section 103I.401, subdivision 1, is amended to read: Subdivision 1. [PERMIT REQUIRED.] (a) A person may not construct an elevator shaft until a permit for the hole or excavation is issued by the commissioner. (b) The fee for excavating holes for the purpose of installing elevator shafts is $50 $100 for each hole. (c) The elevator shaft permit preempts local permits except local building permits, and counties and home rule charter or statutory cities may not require a permit for elevator shaft holes or excavations. Sec. 25. Minnesota Statutes 1993 Supplement, section 115B.20, subdivision 6, is amended to read: Subd. 6. [REPORT TO LEGISLATURE.] Each year, the commissioner of agriculture and the agency shall submit to the senate finance committee, the house ways and means committee, the environmental quality board, the legislative water commission, and the legislative commission on waste management a report detailing the activities for which money from the account has been spent during the previous fiscal year. Sec. 26. [APPLICATION OF TECHNIQUES ON STATE LAND.] (a) The commissioner of natural resources must, by September 1, 1995, prepare a plan on the optimum use of sustainable agriculture and integrated pest management techniques to be applied on lands owned by the state. (b) The commissioner of natural resources shall appoint a task force of interagency staff and interested citizens to develop the plan including a review of the requirements of Minnesota Statutes, sections 17.114, subdivision 4, paragraph (b) and 18B.063. The task force is subject to Minnesota Statutes, section 15.059. (c) At a minimum, the plan must address specific practices for sustainable agriculture and integrated pest management to be applied on state-owned lands, including any funding recommendations. (d) The commissioner of natural resources must present the plan to the environmental quality board for review and then to the legislative water commission in 1995. Sec. 27. [REPEALER.] Minnesota Statutes 1992, section 103F.460, is repealed. Sec. 28. [EFFECTIVE DATE.] Sections 17 and 18 are effective the day following final enactment." Delete the title and insert: "A bill for an act relating to water; providing for duties of the legislative water commission; providing for a sustainable agriculture advisory committee; requiring plans relating to sustainable agriculture and integrated pest management; regulating acceptance of empty pesticide containers; changing disclosures and fees related to dewatering wells; establishing groundwater policy and education; changing water well permit requirements; requiring reports to the legislature; amending Minnesota Statutes 1992, sections 3.887, subdivisions 5, 6, and 8; 17.114, subdivisions 1, 3, 4, and by adding a subdivision; 18B.045, subdivision 1; 103A.43; 103B.151, subdivision 1; 103G.271, subdivision 5; 103H.175, by adding a subdivision; 103H.201, subdivisions 1 and 4; 103I.101, subdivision 5; 103I.205, subdivision 1; 103I.208; 103I.235, subdivision 1; 103I.331, subdivision 6; and 103I.401, subdivision 1; Minnesota Statutes 1993 Supplement, sections 18B.135, subdivision 1; 18E.06; and 115B.20, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 103A; and 103F; repealing Minnesota Statutes 1992, section 103F.460." We request adoption of this report and repassage of the bill. House Conferees: Willard Munger, Steve Trimble and Virgil J. Johnson. Senate Conferees: Leonard R. Price, Steven Morse and Steve Dille. Munger moved that the report of the Conference Committee on H. F. No. 2485 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed. H. F. No. 2485, A bill for an act relating to water; providing for duties of the legislative water commission; providing for a sustainable agriculture advisory committee; requiring plans relating to sustainable agriculture and integrated pest management; regulating acceptance of empty pesticide containers; changing disclosures and fees related to dewatering wells; establishing groundwater policy and education; changing water well permit requirements; requiring reports to the legislature; amending Minnesota Statutes 1992, sections 3.887, subdivisions 5, 6, and 8; 17.114, subdivisions 1, 3, 4, and by adding a subdivision; 18B.045, subdivision 1; 103A.43; 103B.151, subdivision 1; 103G.271, subdivision 5; 103H.175, by adding a subdivision; 103H.201, subdivisions 1 and 4; 103I.101, subdivision 5; 103I.205, subdivision 1; 103I.208; and 103I.331, subdivision 6; Minnesota Statutes 1993 Supplement, sections 18B.135, subdivision 1; 18E.06; and 115B.20, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 103A; and 103F; repealing Minnesota Statutes 1992, section 103F.460. The bill was read for the third time, as amended by Conference, and placed upon its repassage. The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. The bill was repassed, as amended by Conference, and its title agreed to. SPECIAL ORDERS H. F. No. 3011, A bill for an act relating to transportation; defining terms; making technical changes; ensuring safety is factor in standards for scenic highways and park roads; directing commissioner of transportation to accept performance-specification bids for constructing design-built bridges; prohibiting personal transportation vehicles from picking up passengers in seven-county metropolitan area; allowing horse trailer to be component of a recreational vehicle combination; increasing length limitations for recreational vehicle combinations; setting speed limit for residential roadways; providing for installation of override systems to allow operators of emergency vehicles to activate traffic signals; allowing self-propelled implement of husbandry to display flashing amber light; allowing emergency vehicles to display flashing blue lights; creating child passenger restraint and education account to assist families in financial need and for educational purposes; requiring use of mileage-recording equipment on motor vehicles after 1999; establishing youth charter carrier permit system; allowing rail carriers to participate in rail user loan guarantee program; requiring publicly owned or leased motor vehicles to be identified; establishing advisory council on major transportation projects; authorizing donation of vacation leave for state employee; directing commissioner of transportation to erect signs, traffic signals, and noise barriers; exempting public bodies from regulations on all-terrain vehicles; allowing commissioner of transportation to transfer certain real property acquired for highway purposes to former owner through negotiated settlement; modifying highway fund apportionment to counties and changing composition of screening board; providing for bridge inspection frequency and reports; delaying required revision of state transportation plan; authorizing expenditure of rail service maintenance account money for maintenance of rail lines and right-of-way in the rail bank; providing funding sources for rail bank maintenance account; authorizing sale of certain tax-forfeited land that borders public water in New Scandia township in Washington county, and an exchange of that land for land located in Stillwater township in Washington county between the state of Minnesota and the United States Department of Interior, National Park Service; requiring studies; providing for appointments; appropriating money; amending Minnesota Statutes 1992, sections 84.928, subdivision 1; 160.085, subdivision 3; 160.262, by adding a subdivision; 160.81; 160.82, subdivision 2; 161.25; 162.07, subdivisions 1, 3, 5, and 6; 162.09, subdivision 1; 165.03; 168.1281, by adding a subdivision; 169.01, by adding a subdivision; 169.06, by adding a subdivision; 169.14, subdivision 2; 169.64, subdivision 4; 169.685, by adding a subdivision; 174.03, subdivision 1a; 221.011, by adding a subdivision; 221.121, by adding a subdivision; 221.85, subdivision 1; 222.50, subdivision 7; 222.55; 222.56, subdivisions 5, 6, and by adding subdivisions; 222.57; 222.58, subdivision 2; and 222.63, subdivision 8; Minnesota Statutes 1993 Supplement, sections 169.01, subdivision 78; 169.18, subdivision 5; 169.685, subdivision 5; 169.81, subdivision 3c; and 221.111; proposing coding for new law in Minnesota Statutes, chapters 161; 169; and 471; repealing Minnesota Statutes 1992, sections 162.07, subdivision 4; 173.14; and 222.58, subdivision 6; Minnesota Statutes 1993 Supplement, section 168.1281, subdivision 4; Laws 1993, chapter 323, sections 3; and 4; Minnesota Rules, part 8810.1300, subpart 6. The bill, as amended, was placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 116 yeas and 14 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Hausman Holsten Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kelley Kelso Kinkel Klinzing Knickerbocker Krinkie Krueger Lasley Leppik Lieder Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Smith Solberg Steensma Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Wagenius Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. Those who voted in the negative were: Girard Haukoos Hugoson Kalis Knight Koppendrayer Ness Ostrom Rest Skoglund Sviggum Vellenga Vickerman Waltman The bill was passed, as amended, and its title agreed to. REPORT FROM THE COMMITTEE ON RULES AND LEGISLATIVE ADMINISTRATION Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding printed Special Orders for today: S. F. No. 2277; H. F. No. 2625; and S. F. Nos. 2015 and 1740. SPECIAL ORDERS, Continued S. F. No. 2277 was reported to the House. Sekhon moved to amend S. F. No. 2277 as follows: Delete everything after the enacting clause and insert: "Section 1. [473.505] [TOTAL WATERSHED MANAGEMENT.] The commission with the approval of the metropolitan council may enter into agreements with other governmental bodies and agencies and spend funds to implement total watershed management. "Total watershed management" means identifying and quantifying at a watershed level the (1) sources of pollution, both point and nonpoint, (2) causes of conditions that may or may not be a result of pollution, and (3) means of reducing pollution or alleviating adverse conditions. The purpose of total watershed management is to achieve the best water quality for waters of the state receiving the effluent of the metropolitan disposal system for the lowest total costs, without regard to who will incur those costs. Sec. 2. [APPLICATION.] Section 1 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington." The motion prevailed and the amendment was adopted. Pauly moved to amend S. F. No. 2277, as amended, as follows: Page 1, after line 19, insert: "Sec. 2. Minnesota Statutes 1992, section 473.517, subdivision 8, is amended to read: Subd. 8. [ALTERNATIVE METHODS OF ALLOCATING COSTS.] When it shall appear that the costs established pursuant to the provisions of subdivisions 1 to 7 shall result in an increased cost to a municipality or service area which is now being serviced by the facilities of the Minneapolis-St. Paul Sanitary District or by the facilities of any other municipality or sewer district is unreasonable or inequitable, the commission is hereby authorized and directed to adopt such other means and methods of allocating costs, as to each of them, as may be fair, reasonable and equitable. Local governmental units may appeal a commission allocation under this section to an administrative law judge under chapter 14." Page 1, line 20, delete "Section 1 applies" and insert "Sections 1 and 2 apply" Renumber the sections in sequence Correct internal references Amend the title accordingly A roll call was requested and properly seconded. The question was taken on the Pauly amendment and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the Pauly amendment to S. F. No. 2277, as amended. The request was granted. There were 52 yeas and 76 nays as follows: Those who voted in the affirmative were: Abrams Commers Davids Dehler Dempsey Erhardt Finseth Girard Goodno Gruenes Haukoos Holsten Hugoson Jennings Johnson, V. Kelley Kelso Knickerbocker Koppendrayer Krinkie Leppik Limmer Lindner Lynch Macklin Milbert Molnau Morrison Neary Ness Olson, E. Olson, K. Olson, M. Onnen Orenstein Osthoff Ozment Pauly Pugh Rhodes Seagren Smith Sviggum Swenson Tompkins Van Dellen Van Engen Vickerman Waltman Wolf Worke Workman Those who voted in the negative were: Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Cooper Dauner Dawkins Delmont Dorn Evans Farrell Frerichs Garcia Greenfield Greiling Hasskamp Hausman Huntley Jacobs Jaros Jefferson Johnson, A. Johnson, R. Kahn Kalis Kinkel Klinzing Knight Krueger Lasley Lieder Long Lourey Luther Mahon Mariani McCollum McGuire Mosel Munger Murphy Nelson Opatz Orfield Ostrom Pelowski Perlt Peterson Reding Rest Rodosovich Rukavina Sarna Sekhon Simoneau Skoglund Solberg Steensma Tomassoni Trimble Tunheim Vellenga Wagenius Weaver Wejcman Wenzel Winter Spk. Anderson, I. The motion did not prevail and the amendment was not adopted. McGuire was excused between the hours of 10:55 a.m. and 12:15 p.m. S. F. No. 2277, A bill for an act relating to metropolitan waste control commission; authorizing the commission to enter into agreements to implement total watershed management; proposing coding for new law in Minnesota Statutes, chapter 473. The bill was read for the third time, as amended, and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the final passage of S. F. No. 2277, as amended. The request was granted. There were 97 yeas and 31 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dawkins Delmont Dorn Erhardt Evans Farrell Frerichs Garcia Greenfield Greiling Hasskamp Hausman Huntley Jacobs Jaros Jefferson Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Krueger Lasley Leppik Lieder Long Lourey Luther Lynch Macklin Mahon Mariani McCollum Milbert Morrison Mosel Munger Murphy Neary Nelson Olson, E. Olson, K. Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Solberg Steensma Swenson Tomassoni Trimble Tunheim Vellenga Wagenius Weaver Wejcman Wenzel Winter Spk. Anderson, I. Those who voted in the negative were: Dauner Davids Dehler Dempsey Finseth Girard Goodno Gruenes Gutknecht Haukoos Holsten Hugoson Knight Koppendrayer Krinkie Limmer Lindner Molnau Ness Olson, M. Onnen Smith Sviggum Tompkins Van Dellen Van Engen Vickerman Waltman Wolf Worke Workman The bill was passed, as amended, and its title agreed to. H. F. No. 2625 was reported to the House. Mahon moved to amend H. F. No. 2625, the first engrossment, as follows: Page 2, after line 8, insert: "Sec. 3. Minnesota Statutes 1992, section 473.523, subdivision 1, is amended to read: Subdivision 1. No contract All contracts for any construction work, or for the purchase of materials, supplies, or equipment, costing more than $15,000 relating to the metropolitan disposal system shall be made as provided in section 471.345, subdivisions 3 to 6. Contracts subject to section 471.345, subdivision 3, shall be made by the commission without by publishing once in a legal newspaper or trade paper published in a city of the first class not less than two weeks before the last day for submission of bids, notice that bids or proposals will be received. Such notice shall state the nature of the work or purchase and the terms and conditions upon which the contract is to be awarded, and a time and place where such bids will be received, opened, and read publicly. After such bids have been duly received, opened, read publicly, and recorded, the commission shall award such contract to the lowest responsible bidder or it may reject all bids and readvertise. Each contract shall be duly executed in writing and the party to whom the contract is awarded shall give sufficient bond or security to the board for the faithful performance of the contract as required by law. The commission shall have the right to set qualifications and specifications and to require bids to meet all such qualifications and specifications before being accepted. If the commission by an affirmative vote of two-thirds of its members declares that an emergency exists requiring the immediate purchase of materials or supplies at a cost in excess of $15,000 the amount specified in section 471.345, subdivision 3, or in making emergency repairs, it shall not be necessary to advertise for bids. Sec. 4. Minnesota Statutes 1992, section 473.523, subdivision 2, is amended to read: Subd. 2. The administrator may, without prior approval of the commission and without advertising for bids, enter into any contract of the type referred to in subdivision 1 which is not in excess of $15,000 the amount specified in section 471.345, subdivision 3." Renumber the sections in sequence and correct the internal references Amend the title as follows: Page 1, line 4, after the semicolon, insert "applying the uniform municipal contracting law to the metropolitan waste control commission;" Page 1, line 5, delete "and" and before the period, insert "; and 473.523, subdivisions 1 and 2" The motion prevailed and the amendment was adopted. H. F. No. 2625, A bill for an act relating to the metropolitan waste control commission; reducing the salary range of the chair; providing for a part-time chair; applying the uniform municipal contracting law to the metropolitan waste control commission; amending Minnesota Statutes 1992, sections 15A.081, subdivision 7; 473.503; and 473.523, subdivisions 1 and 2. The bill was read for the third time, as amended, and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the final passage of H. F. No. 2625, the first engrossment, as amended. The request was granted. There were 128 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum Milbert Molnau Morrison Mosel Munger Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pelowski Perlt Peterson Pugh Reding Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Spk. Anderson, I. The bill was passed, as amended, and its title agreed to. S. F. No. 2015 was reported to the House. Orfield moved to amend S. F. No. 2015, the second unofficial engrossment, as follows: Page 12, line 16, delete everything after "committee" Page 12, line 17, delete everything before the period Page 12, line 21, delete the commas Page 12, line 22, delete everything before the period Page 17, line 26, after the semicolon, insert "and" Page 17, line 28, delete "; and" and insert a period Page 17, delete lines 29 and 30 Page 18, line 3, delete "(a)" Page 18, line 3, after "expenditures" insert "expressly advocating the election or defeat of a clearly identified candidate" Page 18, delete lines 12 to 14 Page 19, line 15, after "for" insert ", or member of," Page 19, delete the sentence beginning on line 19 Page 19, line 24, delete "elected official" and insert "member of the metropolitan council" Page 19, delete the sentence beginning on line 24, and insert "A statement filed under this section satisfies the requirements of section 10A.09 for a candidate for, or member of, the metropolitan council." Page 22, line 21, delete "who" and insert "is eligible for $20,000 public campaign financing if the candidate" Page 22, line 24, after "(2)" insert "registered a principal campaign committee under section 473.1245; (3)" Page 22, line 26, delete "(3)" and insert "(4)" Page 22, line 29, delete the comma Page 22, line 30, delete everything before the period Page 22, line 35, delete "filing" and insert "registering a principal campaign committee under section 473.1245" Page 23, line 1, after the period, insert "The candidate may sign an agreement and submit it to the board on the day of filing an affidavit of candidacy. In the alternative, a candidate may submit the agreement directly to the board not later than August 31 preceding the general election. An agreement once filed may not be rescinded." Page 23, after line 7, insert: "Subd. 4. [PAYMENT OF PUBLIC CAMPAIGN FINANCING.] When the board determines that a candidate is eligible for public campaign financing, it shall so certify to the metropolitan council. Within two weeks after certification by the canvassing board of the results of the general election, the council shall pay the full amount of public campaign financing provided under subdivision 2 to any candidate, certified by the board under this subdivision, who received at least ten percent of the vote cast at the general election for the office sought by the candidate." Page 23, line 8, delete "4" and insert "5" Page 23, after line 13, insert: "Subd. 6. [EFFECT OF OPPONENT'S AGREEMENT.] (a) The expenditure limits imposed by this section apply only to candidates whose opponents agree to be bound by the limits and who themselves agree to be bound by the limits as a condition of receiving public campaign financing. (b) A candidate who agrees to be bound by the limits and receives public campaign financing, who has an opponent who does not agree to be bound by the limits but is otherwise eligible to receive public campaign financing: (i) is no longer bound by the limits; (ii) is eligible to receive public campaign financing; and (iii) also receives, or shares equally with any other eligible candidate who agrees to be bound by limits, the opponent's share of public campaign financing. For purposes of this subdivision, "otherwise eligible to receive public campaign financing" means that a candidate meets the requirements of subdivision 1 except that the candidate has not filed an agreement as required by subdivision 2." Pages 24 to 25, delete section 31 Renumber the sections in sequence Correct internal references Amend the title accordingly The motion did not prevail and the amendment was not adopted. CALL OF THE HOUSE On the motion of Orfield and on the demand of 10 members, a call of the House was ordered. The following members answered to their names: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hugoson Huntley Jaros Jennings Johnson, A. Johnson, R. Johnson, V. Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Koppendrayer Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani Milbert Molnau Morrison Mosel Munger Murphy Neary Ness Olson, E. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Engen Vellenga Vickerman Wagenius Waltman Weaver Wejcman Wenzel Winter Wolf Worke Workman Carruthers moved that further proceedings of the roll call be dispensed with and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered. MOTION FOR RECONSIDERATION Huntley moved that the vote whereby the Orfield amendment to S. F. No. 2015, the second unofficial engrossment, which was not adopted earlier today be now reconsidered. A roll call was requested and properly seconded. The question was taken on the Huntley motion and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the Huntley motion. The request was granted. Carruthers moved that those not voting be excused from voting. The motion prevailed. There were 68 yeas and 60 nays as follows: Those who voted in the affirmative were: Anderson, R. Asch Battaglia Bauerly Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Cooper Dauner Dawkins Delmont Dorn Evans Farrell Garcia Greenfield Greiling Hausman Huntley Jacobs Jaros Jefferson Johnson, A. Kahn Kelley Kelso Kinkel Klinzing Krueger Lasley Lieder Long Lourey Luther Mahon Mariani McCollum Milbert Mosel Murphy Neary Olson, K. Opatz Orenstein Orfield Ostrom Pelowski Peterson Pugh Reding Rest Rice Rukavina Sarna Sekhon Skoglund Tomassoni Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Spk. Anderson, I. Those who voted in the negative were: Abrams Beard Bishop Commers Davids Dehler Dempsey Erhardt Finseth Frerichs Girard Goodno Gruenes Gutknecht Hasskamp Haukoos Holsten Hugoson Jennings Johnson, R. Johnson, V. Kalis Knickerbocker Knight Koppendrayer Krinkie Leppik Limmer Lindner Lynch Macklin Molnau Morrison Nelson Ness Olson, E. Olson, M. Onnen Osthoff Ozment Pauly Perlt Rhodes Rodosovich Seagren Simoneau Smith Solberg Steensma Sviggum Swenson Tompkins Van Engen Vickerman Waltman Weaver Winter Wolf Worke Workman The motion prevailed. The Orfield amendment to S. F. No. 2015, the second unofficial engrossment, as amended, was again reported to the House, as follows: Page 12, line 16, delete everything after "committee" Page 12, line 17, delete everything before the period Page 12, line 21, delete the commas Page 12, line 22, delete everything before the period Page 17, line 26, after the semicolon, insert "and" Page 17, line 28, delete "; and" and insert a period Page 17, delete lines 29 and 30 Page 18, line 3, delete "(a)" Page 18, line 3, after "expenditures" insert "expressly advocating the election or defeat of a clearly identified candidate" Page 18, delete lines 12 to 14 Page 19, line 15, after "for" insert ", or member of," Page 19, delete the sentence beginning on line 19 Page 19, line 24, delete "elected official" and insert "member of the metropolitan council" Page 19, delete the sentence beginning on line 24, and insert "A statement filed under this section satisfies the requirements of section 10A.09 for a candidate for, or member of, the metropolitan council." Page 22, line 21, delete "who" and insert "is eligible for $20,000 public campaign financing if the candidate" Page 22, line 24, after "(2)" insert "registered a principal campaign committee under section 473.1245; (3)" Page 22, line 26, delete "(3)" and insert "(4)" Page 22, line 29, delete the comma Page 22, line 30, delete everything before the period Page 22, line 35, delete "filing" and insert "registering a principal campaign committee under section 473.1245" Page 23, line 1, after the period, insert "The candidate may sign an agreement and submit it to the board on the day of filing an affidavit of candidacy. In the alternative, a candidate may submit the agreement directly to the board not later than August 31 preceding the general election. An agreement once filed may not be rescinded." Page 23, after line 7, insert: "Subd. 4. [PAYMENT OF PUBLIC CAMPAIGN FINANCING.] When the board determines that a candidate is eligible for public campaign financing, it shall so certify to the metropolitan council. Within two weeks after certification by the canvassing board of the results of the general election, the council shall pay the full amount of public campaign financing provided under subdivision 2 to any candidate, certified by the board under this subdivision, who received at least ten percent of the vote cast at the general election for the office sought by the candidate." Page 23, line 8, delete "4" and insert "5" Page 23, after line 13, insert: "Subd. 6. [EFFECT OF OPPONENT'S AGREEMENT.] (a) The expenditure limits imposed by this section apply only to candidates whose opponents agree to be bound by the limits and who themselves agree to be bound by the limits as a condition of receiving public campaign financing. (b) A candidate who agrees to be bound by the limits and receives public campaign financing, who has an opponent who does not agree to be bound by the limits but is otherwise eligible to receive public campaign financing: (i) is no longer bound by the limits; (ii) is eligible to receive public campaign financing; and (iii) also receives, or shares equally with any other eligible candidate who agrees to be bound by limits, the opponent's share of public campaign financing. For purposes of this subdivision, "otherwise eligible to receive public campaign financing" means that a candidate meets the requirements of subdivision 1 except that the candidate has not filed an agreement as required by subdivision 2." Pages 24 to 25, delete section 31 Renumber the sections in sequence Correct internal references Amend the title accordingly A roll call was requested and properly seconded. The question was taken on the Orfield amendment and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the Orfield amendment to S. F. No. 2015, the second unofficial engrossment. The request was granted. Carruthers moved that those not voting be excused from voting. The motion prevailed. There were 65 yeas and 62 nays as follows: Those who voted in the affirmative were: Anderson, R. Asch Battaglia Bauerly Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Cooper Dawkins Delmont Dorn Evans Farrell Garcia Greenfield Greiling Huntley Jaros Jefferson Johnson, A. Kahn Kelley Kelso Kinkel Klinzing Krueger Lasley Lieder Long Lourey Luther Mahon Mariani McCollum Milbert Mosel Neary Olson, E. Olson, K. Opatz Orenstein Orfield Ostrom Pelowski Peterson Pugh Reding Rest Rice Rukavina Sarna Sekhon Skoglund Tomassoni Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Spk. Anderson, I. Those who voted in the negative were: Abrams Beard Bishop Commers Dauner Davids Dehler Dempsey Erhardt Finseth Frerichs Girard Goodno Gruenes Gutknecht Hasskamp Haukoos Holsten Hugoson Jacobs Jennings Johnson, R. Johnson, V. Kalis Knickerbocker Knight Koppendrayer Krinkie Leppik Limmer Lindner Lynch Macklin Molnau Morrison Nelson Ness Olson, M. Onnen Osthoff Ozment Pauly Perlt Rhodes Rodosovich Seagren Simoneau Smith Solberg Steensma Sviggum Swenson Tompkins Van Dellen Van Engen Vickerman Waltman Weaver Winter Wolf Worke Workman The motion prevailed and the amendment was adopted. Orfield moved to amend S. F. No. 2015, the second unofficial engrossment, as amended, as follows: Page 25, line 31, delete "1995" and insert "1997" Page 26, line 4, delete "1995" and insert "1997" Page 26, line 18, delete "1995" and insert "1997" Page 26, line 19, delete "1994" and insert "1996" Page 29, line 14, delete "1995" and insert "1997" Page 80, line 5, delete "1995" and insert "1997" A roll call was requested and properly seconded. The question was taken on the Orfield amendment and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the Orfield amendment to S. F. No. 2015, the second unofficial engrossment, as amended. The request was granted. Carruthers moved that those not voting be excused from voting. The motion prevailed. There were 113 yeas and 11 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Dauner Dawkins Delmont Dorn Erhardt Evans Farrell Finseth Garcia Girard Goodno Greenfield Greiling Gruenes Hasskamp Haukoos Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Koppendrayer Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum Milbert Morrison Mosel Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pauly Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Weaver Wejcman Wenzel Winter Wolf Worke Spk. Anderson, I. Those who voted in the negative were: Davids Dehler Dempsey Frerichs Gutknecht Knight Krinkie Molnau Rodosovich Tompkins Waltman The motion prevailed and the amendment was adopted. Osthoff moved to amend S. F. No. 2015, the second unofficial engrossment, as amended, as follows: Page 25, line 31, delete "1995" and insert "1997" Page 26, line 4, delete "1995" and insert "1997" Page 26, after line 12, insert: "Sec. 36. [LOCAL APPROVAL.] Notwithstanding section 645.023, subdivision 1, at the 1994 general election in the metropolitan area, the following question shall be submitted to the voters: "Shall the metropolitan council be elected instead of appointed by the governor? Yes ....... No ........" " Page 26, after line 16, insert: "Subdivision 1. Sections 1 to 35 are effective as provided in subdivision 2 if the local approval question required under section 36 is approved by a majority of the voters voting at the election. If the voters do not approve the question as required under section 36, article 1 shall not become effective." Page 26, line 17, before "Sections" insert "Subd. 2." Page 26, line 18, delete "1995" and insert "1997" Page 26, line 19, delete "1994" and insert "1996" Page 29, line 14, delete "1995" and insert "1997" Page 80, line 5, delete "1995" and insert "1997" Renumber the sections in sequence Correct internal references Amend the title accordingly A roll call was requested and properly seconded. The question was taken on the Osthoff amendment and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the Osthoff amendment to S. F. No. 2015, the second unofficial engrossment, as amended. The request was granted. Carruthers moved that those not voting be excused from voting. The motion prevailed. There were 79 yeas and 51 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Beard Bishop Brown, C. Brown, K. Carlson Commers Cooper Dauner Davids Dehler Dempsey Erhardt Finseth Frerichs Girard Goodno Gruenes Gutknecht Hasskamp Haukoos Holsten Hugoson Jacobs Jennings Johnson, A. Johnson, R. Johnson, V. Kalis Kelso Klinzing Knickerbocker Knight Koppendrayer Krinkie Lasley Leppik Lieder Limmer Lindner Lynch Macklin Milbert Molnau Morrison Mosel Ness Olson, E. Olson, M. Onnen Osthoff Ozment Pauly Pelowski Perlt Peterson Pugh Rest Rhodes Rodosovich Simoneau Smith Solberg Stanius Sviggum Swenson Tomassoni Tompkins Van Dellen Van Engen Vickerman Waltman Weaver Winter Wolf Worke Workman Those who voted in the negative were: Battaglia Bauerly Bertram Carruthers Clark Dawkins Delmont Dorn Evans Farrell Garcia Greenfield Greiling Hausman Huntley Jaros Jefferson Kahn Kelley Kinkel Krueger Long Lourey Luther Mahon Mariani McCollum McGuire Munger Murphy Neary Nelson Olson, K. Opatz Orenstein Orfield Ostrom Reding Rice Rukavina Sarna Sekhon Skoglund Steensma Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Spk. Anderson, I. The motion prevailed and the amendment was adopted. Koppendrayer was excused for the remainder of today's session. The Speaker assumed the Chair. Kelso moved to amend S. F. No. 2015, the second unofficial engrossment, as amended, as follows: Pages 2 to 26, delete article 1, and insert: "ARTICLE 1 METROPOLITAN COUNCIL ORGANIZATION Section 1. Minnesota Statutes 1993 Supplement, section 15A.081, subdivision 1, is amended to read: Subdivision 1. [SALARY RANGES.] The governor shall set the salary rate within the ranges listed below for positions specified in this subdivision, upon approval of the legislative commission on employee relations and the legislature as provided by section 43A.18, subdivisions 2 and 5: Salary Range Effective July 1, 1987 $57,500-$78,500 Commissioner of finance; Commissioner of education; Commissioner of transportation; Commissioner of human services; Commissioner of revenue; Commissioner of public safety; Executive director, state board of investment; $50,000-$67,500 Commissioner of administration; Commissioner of agriculture; Commissioner of commerce; Commissioner of corrections; Commissioner of jobs and training; Commissioner of employee relations; Commissioner of health; Commissioner of labor and industry; Commissioner of natural resources; Commissioner of trade and economic development; Chief administrative law judge; office of administrative hearings; Commissioner, pollution control agency; Director, office of waste management; Commissioner, housing finance agency; Executive director, public employees retirement association; Executive director, teacher's retirement association; Executive director, state retirement system; Chair, metropolitan council; Chair, regional transit board; $42,500-$60,000 Commissioner of human rights; Commissioner, department of public service; Commissioner of veterans affairs; Commissioner, bureau of mediation services; Commissioner, public utilities commission; Member, transportation regulation board; Ombudsman for corrections; Ombudsman for mental health and retardation. Sec. 2. Minnesota Statutes 1992, section 15A.082, subdivision 3, is amended to read: Subd. 3. [SUBMISSION OF RECOMMENDATIONS.] (a) By May 1 in each odd-numbered year, the compensation council shall submit to the speaker of the house of representatives and the president of the senate salary recommendations for constitutional officers, legislators, justices of the supreme court, and judges of the court of appeals, district court, county court, and county municipal court. The recommended salary for each office must take effect on July 1 of the next odd-numbered year, with no more than one adjustment, to take effect on July 1 of the year after that. The salary recommendations for legislators, judges, and constitutional officers take effect if an appropriation of money to pay the recommended salaries is enacted after the recommendations are submitted and before their effective date. Recommendations may be expressly modified or rejected. The salary recommendations for legislators are subject to additional terms that may be adopted according to section 3.099, subdivisions 1 and 3. (b) The council shall also submit to the speaker of the house of representatives and the president of the senate recommendations for the salaries of members of the metropolitan council. The recommended salary takes effect July 1 of that year, with no more than one adjustment, to take effect on July 1 of the year after that, unless modified or rejected by law before its effective date. Sec. 3. Minnesota Statutes 1993 Supplement, section 352D.02, subdivision 1, is amended to read: Subdivision 1. [COVERAGE.] (a) Employees enumerated in paragraph (b), if they are in the unclassified service of the state or metropolitan council and are eligible for coverage under the general state employees retirement plan under chapter 352, are participants in the unclassified program under this chapter unless the employee gives notice to the executive director of the Minnesota state retirement system within one year following the commencement of employment in the unclassified service that the employee desires coverage under the general state employees retirement plan. For the purposes of this chapter, an employee who does not file notice with the executive director is deemed to have exercised the option to participate in the unclassified plan. (b) Enumerated employees are: (1) an employee in the office of the governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general, or an employee of the state board of investment; (2) the head of a department, division, or agency created by statute in the unclassified service, an acting department head subsequently appointed to the position, or an employee enumerated in section 15A.081, subdivision 1 or 15A.083, subdivision 4; (3) a permanent, full-time unclassified employee of the legislature or a commission or agency of the legislature or a temporary legislative employee having shares in the supplemental retirement fund as a result of former employment covered by this chapter, whether or not eligible for coverage under the Minnesota state retirement system; (4) a person other than an employee of the state board of technical colleges who is employed in a position established under section 43A.08, subdivision 1, clause (3), or subdivision 1a, or in a position authorized under a statute creating or establishing a department or agency of the state, which is at the deputy or assistant head of department or agency or director level; (5) the chair, chief administrator, and not to exceed nine positions at the division director or administrative deputy level of the metropolitan waste control commission as designated by the commission; the chair, executive director, and not to exceed three positions at the division director or assistant to the chair level of the regional transit board; a chief administrator who is an employee of the metropolitan transit commission; and the chair, executive director, and not to exceed nine positions at the division director or administrative deputy level of the metropolitan council as designated by the council; provided that upon initial designation of all positions provided for in this clause, no further designations or redesignations may be made without approval of the board of directors of the Minnesota state retirement system; (6) the executive director, associate executive director, and not to exceed nine positions of the higher education coordinating board in the unclassified service, as designated by the higher education coordinating board before January 1, 1992, or subsequently redesignated with the approval of the board of directors of the Minnesota state retirement system, unless the person has elected coverage by the individual retirement account plan under chapter 354B; (7) the clerk of the appellate courts appointed under article VI, section 2, of the Constitution of the state of Minnesota; (8) the chief executive officers of correctional facilities operated by the department of corrections and of hospitals and nursing homes operated by the department of human services; (9) an employee whose principal employment is at the state ceremonial house; (10) an employee of the Minnesota educational computing corporation; (11) an employee of the world trade center board; (12) an employee of the state lottery board who is covered by the managerial plan established under section 43A.18, subdivision 3; (13) an employee of the state board of technical colleges employed in a position established under section 43A.08, subdivision 1, clause (3), or 1a, unless the person has elected coverage by the individual retirement account plan under chapter 354B; and (14) an employee of the higher education board in a position established under section 136E.04, subdivision 2, unless the person has elected coverage by the individual retirement account plan under chapter 354B. Sec. 4. Minnesota Statutes 1992, section 473.123, subdivision 1, is amended to read: Subdivision 1. [CREATION.] A metropolitan council with jurisdiction in the metropolitan area is created established as a public corporation and political subdivision of the state. It shall be under the supervision and control of 17 16 members, all of whom shall be residents of the metropolitan area. Sec. 5. Minnesota Statutes 1992, section 473.123, subdivision 2a, is amended to read: Subd. 2a. [TERMS.] Following each apportionment of council districts, as provided under subdivision 3a, council members must be appointed from newly drawn districts as provided in subdivision 3a. Each council member must reside in the council district represented. Each council district must be represented by one member of the council. The terms of members are as follows: members representing even-numbered districts for terms ending the first Monday in January of the year ending in the numeral "7"; members representing odd-numbered districts for terms ending the first Monday in January of the year ending in the numeral "5." Thereafter the term of each member is four years, with terms ending the first Monday in January end with the term of the governor, except that all terms expire on the effective date of the next apportionment. A member serves at the pleasure of the governor. A member shall continue to serve the member's district until a successor is appointed and qualified; except that, following each apportionment, the member shall continue to serve at large until the governor appoints 16 council members, one from each of the newly drawn council districts as provided under subdivision 3a, to serve terms as provided under this section. The appointment to the council must be made by the first Monday in March of the year in which the term ends. Sec. 6. Minnesota Statutes 1992, section 473.123, subdivision 4, is amended to read: Subd. 4. [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES AND COMPENSATION.] (a) The chair of the metropolitan council shall be appointed by the governor as the 17th voting member thereof by and with the advice and consent of the senate to serve at the pleasure of the governor. Senate confirmation shall be as provided by section 15.066. The chair shall be a person experienced in the field of municipal and urban affairs with administrative training and executive ability elected by and from among the members of the council at the first meeting of the council after the first Monday of January each year and serves for a term of one year. (b) The chair of the metropolitan council shall preside at the meetings of the metropolitan council and shall act as principal executive officer, if present, and shall perform all other duties assigned by the council or by law. The chair shall organize the work of the metropolitan council, appoint all officers and employees thereof, subject to the approval of the metropolitan council, and be responsible for carrying out all policy decisions of the metropolitan council. The chair's salary shall be as provided in section 15A.081. The chair shall be eligible for expenses in the same manner and amount as state employees. (b) The metropolitan council shall elect such officers, in addition to the chair, as it deems necessary for the conduct of its affairs. The additional officers are elected for the same one-year term as the chair. A secretary and treasurer need not be members of the metropolitan council. Meeting times and places shall be fixed by the metropolitan council and special meetings may be called by a majority of the members of the metropolitan council or by the chair. Each metropolitan council member shall be paid a salary as set by the compensation council under section 15A.082 and shall be reimbursed for actual and necessary expenses. The annual budget of the council shall provide as a separate account anticipated expenditures for compensation, travel, and associated expenses for members, and compensation or reimbursement shall be made to the members only when budgeted. (c) In the performance of its duties the metropolitan council may adopt policies and procedures governing its operations, establish committees, and, when specifically authorized by law, make appointments to other governmental agencies and districts. Sec. 7. [TRANSITIONAL SALARIES OF MEMBERS.] The members of the metropolitan council appointed to serve terms beginning the first Monday in January 1995 shall receive salaries of $35,000 per year until otherwise set by the compensation council as provided in Minnesota Statutes, section 15A.082. Sec. 8. [METROPOLITAN COUNCIL EXECUTIVE DIRECTOR.] The executive director of the metropolitan council, appointed as provided in Minnesota Statutes 1992, section 473.123, subdivision 6, and serving in that position on December 31, 1994, shall become the regional administrator serving at the pleasure of the council. Sec. 9. [REPEALER.] Minnesota Statutes 1992, section 473.123, subdivisions 3, 5, and 6, are repealed. Sec. 10. [APPLICATION.] This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Sec. 11. [EFFECTIVE DATES.] This article is effective the first Monday in January 1995." Renumber the sections in sequence Correct internal references Amend the title accordingly A roll call was requested and properly seconded. Rhodes moved to amend the Kelso amendment to S. F. No. 2015, the second unofficial engrossment, as amended, as follows: Page 8, line 3, delete "$35,000" and insert "$7,000" A roll call was requested and properly seconded. The question was taken on the amendment to the amendment and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the Rhodes amendment to the Kelso amendment to S. F. No. 2015, the second unofficial engrossment, as amended. The request was granted. Carruthers moved that those not voting be excused from voting. The motion prevailed. There were 77 yeas and 53 nays as follows: Those who voted in the affirmative were: Abrams Asch Bergson Brown, K. Carlson Carruthers Clark Commers Dauner Davids Dehler Dempsey Dorn Erhardt Evans Finseth Frerichs Garcia Girard Goodno Gruenes Gutknecht Hasskamp Haukoos Holsten Hugoson Jennings Johnson, V. Kinkel Knight Krinkie Lasley Leppik Lieder Limmer Lindner Lynch Macklin Mahon McCollum Molnau Morrison Mosel Neary Nelson Ness Olson, K. Olson, M. Onnen Opatz Ostrom Ozment Pelowski Peterson Reding Rest Rhodes Rice Rodosovich Sarna Seagren Smith Stanius Steensma Sviggum Swenson Tompkins Tunheim Van Dellen Van Engen Vickerman Waltman Weaver Winter Wolf Worke Workman Those who voted in the negative were: Anderson, R. Battaglia Bauerly Beard Bertram Bishop Brown, C. Cooper Dawkins Delmont Farrell Greenfield Greiling Hausman Huntley Jacobs Jaros Jefferson Johnson, A. Johnson, R. Kalis Kelley Kelso Klinzing Knickerbocker Krueger Long Lourey Luther Mariani McGuire Milbert Munger Murphy Olson, E. Orenstein Orfield Osthoff Pauly Perlt Pugh Rukavina Sekhon Simoneau Skoglund Solberg Tomassoni Trimble Vellenga Wagenius Wejcman Wenzel Spk. Anderson, I. The motion prevailed and the amendment to the amendment was adopted. The question recurred on the Kelso amendment, as amended, and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the Kelso amendment, as amended, to S. F. No. 2015, the second unofficial engrossment, as amended. The request was granted. Sviggum moved that those not voting be excused from voting. The motion prevailed. There were 65 yeas and 66 nays as follows: Those who voted in the affirmative were: Abrams Beard Bishop Commers Dauner Davids Dehler Dempsey Erhardt Finseth Frerichs Garcia Girard Goodno Gruenes Gutknecht Hasskamp Haukoos Holsten Hugoson Jennings Johnson, R. Johnson, V. Kalis Kelso Knickerbocker Knight Krinkie Lasley Leppik Lieder Limmer Lindner Lynch Macklin Molnau Morrison Nelson Ness Olson, M. Onnen Osthoff Ozment Pauly Perlt Rest Rhodes Rodosovich Seagren Sekhon Simoneau Smith Solberg Stanius Sviggum Swenson Tompkins Van Dellen Van Engen Vickerman Waltman Weaver Wolf Worke Workman Those who voted in the negative were: Anderson, R. Asch Battaglia Bauerly Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Cooper Dawkins Delmont Dorn Evans Farrell Greenfield Greiling Hausman Huntley Jacobs Jaros Jefferson Johnson, A. Kahn Kelley Kinkel Klinzing Krueger Long Lourey Luther Mahon Mariani McCollum McGuire Milbert Mosel Munger Murphy Neary Olson, E. Olson, K. Opatz Orenstein Orfield Ostrom Pelowski Peterson Pugh Reding Rice Rukavina Sarna Skoglund Steensma Tomassoni Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Winter Spk. Anderson, I. The motion did not prevail and the amendment, as amended, was not adopted. Pauly was excused for the remainder of today's session. Krinkie, Workman, Stanius and Tompkins moved to amend S. F. No. 2015, the second unofficial engrossment, as amended, as follows: Pages 2 to 26, delete Article 1 and insert: "ARTICLE 1 METROPOLITAN PLANNING Section 1. [3.9228] [LEGISLATIVE COMMISSION ON METROPOLITAN PLANNING.] Subdivision 1. [MEMBERSHIP.] The legislative commission on metropolitan planning consists of 12 members, as follows: (1) four members of the house of representatives appointed by the speaker; (2) two members of the house of representatives appointed by the house minority leader; (3) four members of the senate appointed by the committee on rules and administration; (4) two members of the senate appointed by the senate minority leader. All of the members of the commission must represent some or all of the metropolitan area, as defined in section 473.121, subdivision 2. Subd. 2. [DUTIES.] The commission shall prepare and adopt a comprehensive development guide for the metropolitan area. It shall consist of a compilation of policy statements, goals, standards, programs, and maps prescribing guides for the orderly and economical development, public and private, of the metropolitan area. The comprehensive development guide shall recognize and encompass physical, social, or economic needs of the metropolitan area, and those future developments which will have an impact on the entire area including but not limited to such matters as land use, parks and open space land needs, the necessity for a location of airports, highways, transit facilities, public hospitals, libraries, schools, and other public buildings. Subd. 3. [STAFF; CONTRACTS.] The commission may hire an executive director and other staff, and may enter into contracts, as necessary to perform its duties. Sec. 2. Minnesota Statutes 1992, section 473.121, is amended by adding a subdivision to read: Subd. 37. [LEGISLATIVE COMMISSION.] "Legislative commission" means the legislative commission on metropolitan planning, created in section 3.9228. Sec. 3. [REVISOR INSTRUCTION.] In the next and subsequent editions of Minnesota Statutes, the revisor shall substitute the term "legislative commission" for "metropolitan council" wherever the latter term appears in the following sections: 473.146; 473.147; 473.149; 473.151; 473.155; 473.1551; 473.156; 473.157; 473.164; 473.165; and 473.171. Sec. 4. [TRANSITION.] The legislative commission on metropolitan planning shall report to the legislature by January 15, 1995 on further statutory changes that are needed to effectuate the policies of this act, and to reassign powers and duties previously assigned to the metropolitan council. Sec. 5. [REPEALER.] Minnesota Statutes 1992, sections 473.121, subdivision 3; 473.122, 473.123; 473.127; 473.129; 473.13; 473.132; 473.145 are repealed. Sec. 6. [EFFECTIVE DATE.] Sections 1 to 4 are effective July 1, 1994. Section 5 is effective January 1, 1996." Renumber the sections in sequence Correct internal references Amend the title accordingly A roll call was requested and properly seconded. The question was taken on the Krinkie et al amendment and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the Krinkie et al amendment to S. F. No. 2015, the second unofficial engrossment, as amended. The request was granted. Carruthers moved that those not voting be excused from voting. The motion prevailed. There were 46 yeas and 81 nays as follows: Those who voted in the affirmative were: Abrams Commers Davids Dehler Dempsey Erhardt Finseth Frerichs Girard Goodno Gruenes Gutknecht Haukoos Holsten Hugoson Johnson, V. Knickerbocker Knight Krinkie Leppik Limmer Lindner Lynch Macklin Molnau Morrison Ness Olson, M. Onnen Osthoff Ozment Rhodes Rodosovich Seagren Smith Stanius Sviggum Swenson Tompkins Van Dellen Van Engen Vickerman Waltman Wolf Worke Workman Those who voted in the negative were: Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Cooper Dauner Dawkins Delmont Dorn Evans Farrell Garcia Greenfield Greiling Hasskamp Hausman Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Kahn Kalis Kelley Kelso Kinkel Klinzing Krueger Lasley Lieder Long Lourey Luther Mahon Mariani McCollum McGuire Milbert Mosel Murphy Neary Nelson Olson, K. Opatz Orenstein Orfield Ostrom Pelowski Perlt Peterson Pugh Reding Rest Rice Rukavina Sarna Sekhon Simoneau Skoglund Solberg Steensma Tomassoni Trimble Tunheim Vellenga Wagenius Weaver Wejcman Wenzel Winter Spk. Anderson, I. The motion did not prevail and the amendment was not adopted. S. F. No. 2015, A bill for an act relating to metropolitan government; providing for a regional administrator and a management team; imposing organizational requirements; imposing duties; clarifying existing provisions and making conforming changes; amending Minnesota Statutes 1992, sections 6.76; 15.0597, subdivision 1; 15A.081, subdivision 7; 15A.082, subdivision 3; 16B.58, subdivision 7; 116.16, subdivision 2; 116.182, subdivision 1; 161.173; 161.174; 169.781, subdivision 1; 169.791, subdivision 5; 169.792, subdivision 11; 221.022; 221.041, subdivision 4; 221.071, subdivision 1; 221.295; 297B.09, subdivision 1; 352.03, subdivision 1; 352.75; 422A.01, subdivision 9; 422A.101, subdivision 2a; 471A.02, subdivision 8; 473.121, subdivisions 5a and 24; 473.123, subdivisions 1, 2a, and 4; 473.129; 473.13, subdivision 4; 473.146, subdivisions 1 and 4; 473.149, subdivision 3; 473.1623, subdivision 2; 473.164; 473.168, subdivision 2; 473.173, subdivisions 3 and 4; 473.223; 473.303, subdivisions 2, 3a, 4, 4a, 5, and 6; 473.371, subdivision 1; 473.375, subdivisions 11, 12, 13, 14, and 15; 473.382; 473.384, subdivisions 1, 3, 4, 5, 6, 7, and 8; 473.385; 473.386, subdivisions 1, 2, 3, 4, 5, and 6; 473.387, subdivisions 2, 3, and 4; 473.388, subdivisions 2, 3, 4, and 5; 473.39, subdivisions 1, 1a, 1b, and by adding a subdivision; 473.391; 473.392; 473.394; 473.399, as amended; 473.405, subdivisions 1, 3, 4, 5, 9, 10, 12, and 15; 473.408, subdivisions 1, 2, 2a, 4, 6, and 7; 473.409; 473.411, subdivisions 3 and 4; 473.415, subdivisions 1, 2, and 3; 473.416; 473.418; 473.42; 473.436, subdivisions 2, 3, and 6; 473.446, subdivisions 1, 1a, 2, 3, and 7; 473.448; 473.449; 473.504, subdivisions 4, 5, 6, 9, 10, 11, and 12; 473.511, subdivisions 1, 2, 3, and 4; 473.512, subdivision 1; 473.513; 473.515, subdivisions 1, 2, and 3; 473.5155, subdivisions 1 and 3; 473.516, subdivisions 2, 3, 4, and 5; 473.517, subdivisions 1, 2, 3, 6, and 9; 473.519; 473.521, subdivisions 1, 2, 3, and 4; 473.523, subdivisions 1 and 2; 473.535; 473.541, subdivision 2; 473.542; 473.543, subdivisions 1, 2, 3, and 4; 473.545; 473.547; 473.549; 473.553, subdivisions 1, 2, 4, 5, and by adding subdivisions; 473.561; 473.595, subdivision 3; 473.605, subdivision 2; 473.823, subdivision 3; and 473.852, subdivisions 8 and 10; Minnesota Statutes 1993 Supplement, sections 10A.01, subdivision 18; 15A.081, subdivision 1; 115.54; 174.32, subdivision 2; 216C.15, subdivision 1; 221.025; 221.031, subdivision 3a; 275.065, subdivisions 3 and 5a; 352.01, subdivisions 2a and 2b; 352D.02, subdivision 1; 353.64, subdivision 7a; 400.08, subdivision 3; 473.13, subdivision 1; 473.1623, subdivision 3; 473.167, subdivision 1; 473.386, subdivision 2a; 473.3994, subdivision 10; 473.3997; 473.4051; 473.407, subdivisions 1, 2, 3, 4, 5, and 6; 473.411, subdivision 5; 473.446, subdivision 8; and 473.516, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 1992, sections 115A.03, subdivision 20; 115A.33; 174.22, subdivision 4; 473.121, subdivisions 14a, 15, and 21; 473.122; 473.123, subdivisions 3, 5, and 6; 473.141, as amended; 473.146, subdivisions 2, 2a, 2b, and 2c; 473.153; 473.161; 473.163; 473.181, subdivision 3; 473.325, subdivision 5; 473.373, as amended; 473.375, subdivisions 1, 2, 3, 4, 5, 6, 7, 10, 16, 17, and 18; 473.377; 473.38; 473.384, subdivision 9; 473.388, subdivision 6; 473.404, as amended; 473.405, subdivisions 2, 6, 7, 8, 11, 13, and 14; 473.417; 473.435; 473.436, subdivision 7; 473.445, subdivisions 1 and 3; 473.501, subdivision 2; 473.503; 473.504, subdivisions 1, 2, 3, 7, and 8; 473.511, subdivision 5; 473.517, subdivision 8; 473.543, subdivision 5; and 473.553, subdivision 4a; Minnesota Statutes 1993 Supplement, section 473.3996, subdivisions 1 and 2. The bill was read for the third time, as amended, and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. Pursuant to rule 2.05, Pawlenty requested that he be excused from voting on the final passage of S. F. No. 2015, as amended. The request was granted. Carruthers moved that those not voting be excused from voting. The motion prevailed. There were 63 yeas and 66 nays as follows: Those who voted in the affirmative were: Anderson, R. Asch Battaglia Bauerly Bertram Brown, C. Brown, K. Carlson Carruthers Clark Dawkins Delmont Dorn Evans Farrell Greenfield Greiling Hasskamp Huntley Jacobs Jaros Jefferson Johnson, A. Kahn Kelley Kinkel Klinzing Krueger Long Lourey Luther Mahon Mariani McCollum McGuire Milbert Mosel Munger Murphy Neary Olson, E. Olson, K. Opatz Orenstein Orfield Ostrom Pelowski Peterson Pugh Reding Rice Rukavina Sarna Skoglund Tomassoni Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Winter Spk. Anderson, I. Those who voted in the negative were: Abrams Beard Bergson Bishop Commers Cooper Dauner Davids Dehler Dempsey Erhardt Finseth Frerichs Garcia Girard Goodno Gruenes Gutknecht Haukoos Holsten Hugoson Jennings Johnson, R. Johnson, V. Kalis Kelso Knickerbocker Knight Krinkie Lasley Leppik Lieder Limmer Lindner Lynch Macklin Molnau Morrison Nelson Ness Olson, M. Onnen Osthoff Ozment Perlt Rest Rhodes Rodosovich Seagren Sekhon Simoneau Smith Solberg Stanius Steensma Sviggum Swenson Tompkins Van Dellen Van Engen Vickerman Waltman Weaver Wolf Worke Workman The bill was not passed, as amended. There being no objection, the order of business reverted to Reports of Standing Committees. REPORTS OF STANDING COMMITTEES Kalis from the Committee on Capital Investment to which was referred: H. F. No. 2742, A bill for an act relating to public administration; state general obligation bond authorizations; allowing the commissioner of finance to cancel miscellaneous bond authorizations when projects are completed or abandoned; proposing coding for new law in Minnesota Statutes, chapter 16A. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. [CAPITAL IMPROVEMENTS APPROPRIATIONS.] Except as otherwise specifically provided for reduced appropriations and project authorizations, the sums in the column under "APPROPRIATIONS" are appropriated from the bond proceeds fund, or another named fund, to the state agencies or officials indicated, to be spent to acquire and to better public land and buildings and other public improvements of a capital nature, as specified in this act. SUMMARY ADMINISTRATION $ 33,300,000 AMATEUR SPORTS COMMISSION 669,000 CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 5,555,000 MILITARY AFFAIRS 366,000 CORRECTIONS 56,820,000 VETERANS HOME BOARD 10,000,000 JOBS AND TRAINING 5,000,000 HOUSING FINANCE AGENCY 2,000,000 HUMAN SERVICES 41,050,000 TECHNICAL COLLEGES 30,962,000 COMMUNITY COLLEGES 22,885,000 STATE UNIVERSITIES 45,150,000 UNIVERSITY OF MINNESOTA 42,973,000 TRANSPORTATION 43,580,000 MINNESOTA HISTORICAL SOCIETY 4,625,000 TRADE AND ECONOMIC DEVELOPMENT 18,350,000 MINNESOTA TECHNOLOGIES, INC. 400,000 EDUCATION 21,000,000 ENVIRONMENT AND NATURAL RESOURCES 17,290,000 POLLUTION CONTROL AGENCY 23,200,000 BOARD OF WATER AND SOIL RESOURCES 6,100,000 MINNESOTA ZOOLOGICAL GARDEN 20,211,000 BOND SALE EXPENSES 438,000 TOTAL $451,923,000 Bond Proceeds Fund 406,163,000 Trunk Highway Fund 11,941,000 Transportation Fund 31,639,000 General Fund 2,180,000 APPROPRIATIONS $ STATE GOVERNMENT Sec. 2. ADMINISTRATION Subdivision 1. To the commissioner of administration for the purposes specified in this section 31,800,000 Subd. 2. Capital Asset Preservation and Replacement (CAPRA) 13,000,000 For unanticipated emergencies of a capital nature, projects to remove life safety hazards, elimination or containment of hazardous substances, and replacement and repair of roofs, windows, and other capital assets in accordance with Minnesota Statutes, section 16A.632. This appropriation is available for use at state facilities throughout the state. The commissioner shall give all state agencies, other than higher education systems, higher education board, and University of Minnesota, an opportunity to apply for money for urgently needed projects under this appropriation. The commissioner shall determine project priorities as appropriate based upon need. Subd. 3. Noncommercial Television Tower 1,200,000 For a grant to Murray county for the construction of a noncommercial television tower and acquisition and installation of a satellite dish to enable Pioneer Public Television to provide broadcast services to southwestern Minnesota, and to enable the southwest education cooperative service unit to provide educational broadcast interactive television services. This appropriation is contingent on Murray county obtaining matching funds. The tower must be owned by a public entity. Subd. 4. Statewide Building Access 11,500,000 For improvements of a capital nature to remove barriers and make state-owned buildings, programs, and services accessible to individuals with disabilities, including compliance with federal ADA guidelines. The commissioner shall determine project priorities as appropriate based upon need. In determining project priorities, the commissioner must give lower priority to projects in facilities which the state intends to demolish, sell, or abandon within five years. Subd. 5. Security Lighting/Surveillance Equipment 400,000 To proceed with the installation of capitol area security and surveillance equipment. Subd. 6. Aurora Avenue Parking The department of administration must not allow the use of Aurora Avenue in front of the capitol building for parking for senators during the legislative session, but instead shall use this space for parking for the public. APPROPRIATIONS $ Subd. 7. Electric Utility Infrastructure 500,000 To improve and upgrade the utility infrastructure in the capitol complex area through installation of a third switchgear. Subd. 8. Gillette Renovation For Humanities Commission 1,200,000 To the commissioner of administration for a grant to the city of St. Paul for renovation of the Gillette Hospital west wing for use by the Minnesota Humanities Commission to operate its educational programs. The humanities commission must pay one-third of the debt service costs on bonds issued to fund the project, under Minnesota Statutes, section 16A.643. Subd. 9. Lake Superior Center Authority 4,000,000 To the commissioner of administration for a grant to the Lake Superior center authority for costs to design, construct, furnish, and equip the center. Use of this appropriation is contingent upon the authority obtaining matching funds of $12,000,000 from federal and other nonstate sources. Sec. 3. AMATEUR SPORTS COMMISSION Subdivision 1. To the Amateur Sports Commission for the purposes specified in this section 669,000 Subd. 2. John Rose Memorial Oval Speedskating Facility 500,000 To the city of Roseville to complete construction of the John Rose memorial oval speedskating facility in consultation with the amateur sports commission, contingent on the receipt of $500,000 in matching funds from other sources. Subd. 3. National Sports Center Parking Expansion 119,000 To the amateur sports commission to construct 500 additional parking spaces at the national sports center in Blaine. All of the debt service costs on the bonds sold to finance this project must be paid by the national sports center to the commissioner of finance as required by Minnesota Statutes, section 16A.643. Subd. 4. Indoor National Shooting Sports Center The appropriation in Laws 1990, chapter 610, article 1, section 25, paragraph (b), for a grant to construct an indoor national shooting sports center at Giant's Ridge in Biwabik may be used to construct an indoor national shooting sports center at any site in the taconite tax relief area as defined in Minnesota Statutes, section 273.134. APPROPRIATIONS $ Subd. 5. Inner-city Sports Centers 50,000 For grants of $25,000 each to Minneapolis and St. Paul for inner-city sports centers. This appropriation is to seek federal funding for construction of the facilities. This appropriation is from the general fund. Each grant is contingent upon a local commitment of an equal amount. Sec. 4. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD Subdivision 1. Capitol Improvement 5,000,000 To the commissioner of administration to renovate and improve the capitol including reroofing, repair of the roof balustrade, and Quadriga restoration. $35,000 of this appropriation is to the capitol area architectural and planning board for design review fees. $65,000 of the unencumbered balance of the appropriation in Laws 1988, chapter 686, article 1, section 6, paragraph (j), is reappropriated to the capitol area architectural and planning board for the capitol building exterior maintenance manual. Subd. 2. Report The capitol area architectural and planning board, when appropriate, must study and report to the legislature recommendations for location of proposed new buildings for the health department, education department, military affairs department, public safety department, and support services. Subd. 3. Cafeteria Restoration and Renovation 500,000 To the commissioner of administration to renovate and restore the capitol cafeteria. $10,000 of this appropriation is to the capitol area architectural and planning board for planning and design review. The renovation must include a plan to enhance the quality of food served in the capitol cafeteria. Subd. 4. Capitol Area Parking Strategy 55,000 To the capitol area architectural and planning board to study public parking availability in the capitol area and develop strategies and plans to increase public parking in the area. The study should develop strategies to decrease the demand for employee parking and make available existing parking for the public, in consultation with the Department of Administration. If additional sites are needed the study shall assess sites for new parking facilities in or near the Capitol Area, and opportunities for facilities shared with other user groups. The study should also assess the impact of current technology as a means of increasing the area's public accessibility. This appropriation is from the general fund. APPROPRIATIONS $ Sec. 5. MILITARY AFFAIRS 366,000 To the adjutant general to renovate kitchen facilities at national guard training and community centers in Anoka, Camp Ripley, Chisholm, Cloquet, Detroit Lakes, Grand Rapids, Hibbing, Litchfield, Marshall, and St. James. Sec. 6. CORRECTIONS Subdivision 1. To the commissioner of administration for the purposes specified in this section 37,820,000 Subd. 2. Minnesota Correctional Facility - Moose Lake 16,200,000 To complete the conversion of the Moose Lake regional treatment center into a medium security prison housing up to 620 inmates. This appropriation is added to the appropriation in Laws 1993, chapter 373, section 8, subdivision 2. Subd. 3. Minnesota Correctional Facility - Red Wing 2,700,000 To construct, furnish, and equip a new 30-bed residential facility for the secure detention of violent juvenile offenders. This appropriation is added to the appropriation in Laws 1993, chapter 373, section 8, subdivision 3. Subd. 4. Emergency Generators and Loop Wiring System 315,000 To replace emergency generators at MCF-Red Wing. Subd. 5. Inmate Bed Expansion 14,705,000 To design, renovate, expand, construct, furnish, or equip correctional facilities at various locations throughout the state for the purposes specified in this subdivision. The spending must be for capital improvements. (a) expand MCF-Lino Lakes by remodeling B building from an industries building to living units, design two new living units, and upgrading of a capital nature to security and support service areas. This project will add 485 adult male beds 2,700,000 (b) expand MCF-Faribault on the campus of the Faribault regional treatment center to add 300 medium security beds. This includes renovation of a capital nature of the hospital, Poppy, Alpine, Wylie, Sierra, and recreation buildings, and related security improvements of a capital nature. This also includes money to renovate Rogers building to meet fire codes and remove hazardous materials, erect a section of security fence by the hospital building, replace inadequate heating systems in Maple and Cedar living units, and renovate the Oak building 10,000,000 (c) predesign and design of a new 60-bed housing unit for inmates at MCF-Oak Park Heights 405,000 APPROPRIATIONS $ (d) predesign and design of a new 800-bed close custody facility in the Twin Cities metropolitan area to be constructed in two phases 1,500,000 (e) predesign of a new 60-bed living unit and support areas at MCF-Shakopee 100,000 Subd. 6. Minnesota Correctional Facility - Stillwater Security Upgrades 1,000,000 To demolish and reconstruct the existing turnkey and communications areas into a maximum security master control center with an inmate holding area and a security bubble. This includes replacement of the current perimeter security system with a modern technology system, renovation of towers, and installation of razor ribbon on the wall. Subd. 7. Minnesota Correctional Facility - Stillwater Industry Buildings 1,700,000 To renovate, construct, furnish, and equip industry buildings at MCF-Stillwater. This includes renovation of a capital nature of the farm machinery building, cordage warehouse, and foundry building. Subd. 8. Thistledew Education Building 1,200,000 To construct, furnish, and equip an education building at Thistledew Camp to serve 48 students. Subd. 9. Lino Lakes Education Building The amount appropriated in Laws 1992, chapter 558, section 9, subdivision 4, to infill the area between buildings G and F1 at the MCF-Lino Lakes may be used instead to improve and expand the school building at that facility. Sec. 7. JUVENILE DETENTION FACILITIES CONSTRUCTION GRANTS 17,000,000 To the commissioner of corrections for grants to counties for construction of secure juvenile detention and treatment facilities, as provided in section 46. It is the intent of the legislature that additional appropriations for this purpose will not be made after 1994. Sec. 8. NORTHWEST MINNESOTA JUVENILE TRAINING CENTER SUPPLEMENTAL GRANT 2,000,000 To the commissioner of corrections for a grant to Beltrami county as fiscal agent for the northwest Minnesota juvenile training center, to design, acquire, construct, equip, and furnish a 48-bed secure juvenile detention and treatment facility. This amount shall be added to the grant that counties in the judicial district receive under sections 7 and 46. APPROPRIATIONS $ Sec. 9. MINNEAPOLIS VETERANS HOME (a) To the commissioner of administration for the 35 percent state share of total campus renovation of the Minneapolis veterans home 10,000,000 (b) This campus renovation project includes money for: (1) renovation of building 6 to skilled nursing care standards; (2) renovation of building 9 to board and care standards; (3) renovation of buildings 1, 2, and 4 to current health care standards; (4) renovation of the Minnehaha Creek bridge; (5) creation of a new campus entrance and adaption of the building 17 entrance; (6) demolition of building 7 and improvements to the road system for circulation and access to all buildings; (7) renovation of building 16 to board and care standards; and (8) campuswide asbestos removal, road upgrading, installation and integration of fire alarms, improved exterior lighting, power plant upgrades, and federal Americans with Disabilities Act improvements. (c) The Minnesota veterans homes board must apply for the federal money needed to complete these projects. The commissioner of administration shall receive the federal money and make the money available to the veterans homes board to spend for completion of the projects. Any part of the total appropriation in this section may be spent for any of the projects authorized, provided that the project must not be started until enough federal or other money has been committed to complete it. CRIME PREVENTION BONDING Sec. 10. JOBS AND TRAINING, HEAD START PROGRAM REIMBURSEMENT 2,000,000 This appropriation is from the general fund to the commissioner of jobs and training to be used to reimburse the bond proceeds fund for any expenditures made under Laws 1992, chapter 558, section 10, that the attorney general has determined are ineligible for bond proceeds funding under that appropriation. The money that is reimbursed is reappropriated for additional expenditures under the terms of that appropriation. Sec. 11. HOUSING FINANCE AGENCY, TRANSITIONAL HOUSING LOANS 1,500,000 To the commissioner of the housing finance agency for the purpose of making transitional housing loans to local government units authorized under Minnesota Statutes, section 462A.202, subdivision 2. APPROPRIATIONS $ Sec. 12. JOBS AND TRAINING; EARLY CHILDHOOD CENTERS 3,500,000 (a) Of this appropriation, $2,000,000 is to the commissioner of jobs and training for grants through the department's community based services division, youth programs to political subdivisions of the state to construct or for capital rehabilitation of (1) early childhood and family education facilities, (2) Head Start facilities, or (3) other early education intervention programs. The facilities must be owned by the state or a political subdivision, but may be leased to nonprofit organizations that operate the programs. The lease is subject to the approval of the commissioner of finance under new Minnesota Statutes, section 16A.695. The grants must also be geographically distributed throughout the state consistent with the demonstrated need for facilities. No grant for any individual facility shall exceed $200,000. (b) Of this appropriation, $1,000,000 is to the commissioner of jobs and training, for five battered women's residences, two in the seven-county metropolitan area and three in greater Minnesota. Grants may be up to $200,000 for each facility. (c) Of this appropriation, $500,000 is to the commissioner of jobs and training, for grants through the department's community based services division, youth programs, for two truancy and curfew centers, one in Hennepin and one in Ramsey county. (d) At least 25 percent of the total appropriation under subdivisions 1 to 4 must utilize youthbuild, Minnesota Statutes, sections 268.361 to 268.367, or other youth employment and training programs to do the construction. Eligible programs must consult with appropriate labor organizations to deliver education and training. In making grants under these subdivisions, the commissioner shall use a request for proposal process. Sec. 13. HUMAN SERVICES Subdivision 1. To the commissioner of administration for purposes specified in this section 41,050,000 Subd. 2. Homes for State Operated Waiver Services (SOCS) 8,835,000 $6,135,000 of this appropriation is to acquire and better up to 43 four-bed homes for purposes of state operated waiver services programs for developmentally disabled individuals at various locations throughout the state. $2,700,000 of this appropriation is for a contingency to acquire and better additional four-bed homes for purposes of state-operated waiver services programs for developmentally disabled individuals under the terms of future negotiated downsizing of regional treatment centers under the ten-year plan. Debt service costs on the bonds sold to finance this project must be paid to the commissioner of finance in accordance with Minnesota Statutes, section 16A.643, from waivered service fees charged and collected by the commissioner of human services. APPROPRIATIONS $ Subd. 3. Anoka Metro Regional Treatment Center Consolidation and Restructuring 32,000,000 To construct, remodel, furnish, and equip new residential, program, and ancillary service facilities for the Anoka metro regional treatment center. This includes construction for 150 psychiatric hospital beds, ancillary service facilities, and site improvements. Subd. 4. Air Conditioning at Tomlinson Hall at St. Peter Regional Treatment Center 215,000 To upgrade the ventilation and air conditioning of Tomlinson Hall so it can be utilized year round. Subd. 5. Cambridge Regional Human Services Center $2,280,000 of the unencumbered balance of the appropriation in Laws 1990, chapter 610, article 1, section 12, subdivision 8, may be used to design, acquire, and construct independent heating systems in the following buildings at the Cambridge regional human services center: Ridgewood, McBrown, Boswell, Oakview, medical services, and laundry/carpentry. Sec. 14. TECHNICAL COLLEGES Subdivision 1. To the state board of technical colleges for the purposes specified in this section 30,962,000 Notwithstanding Minnesota Statutes, section 475.61, subdivision 4, the state board of technical colleges may approve a request by a local school board to use any unobligated balance in the technical college debt redemption fund to pay the district's share of construction projects authorized in this section. Notwithstanding Minnesota Statutes, section 136C.44, during the biennium the state board of technical colleges must not make grants to school districts but shall directly supervise and control the preparation of plans and specifications to construct, alter, or enlarge the technical college buildings, structures, and improvements provided for in this section. During the biennium, the state board may delegate the authority provided in this section to the campus president for repair and replacement projects with a total cost of less than $50,000, if the state board determines that the projects can be efficiently managed at the campus level. Subd. 2. Higher Education Asset Preservation and Restoration 9,000,000 State appropriations for parking repairs under this subdivision must not be used for more than one-half of the construction or repair cost at any campus. The campus must provide the remaining costs through parking fees. The state board must report on parking fees to the capital investment committee by February 1, 1995. APPROPRIATIONS $ Appropriations in this subdivision are for the following campus projects: (1) Albert Lea $250,000 for life safety and code compliance. (2) Alexandria $640,000 for life safety, code compliance, and tank removal. (3) Anoka Hennepin $290,000 for roof repair. (4) Austin $470,000 for life safety and code compliance. (5) Bemidji $75,000 for roof repair and tank removal. (6) Canby $55,000 for tank removal. (7) Dakota County $1,660,000 for life safety, code compliance, tank removal, and roof and parking repair. (8) Detroit Lakes $30,000 for roof repair. (9) Duluth $410,000 for life safety, asbestos abatement, tank removal, and roof repair. (10) Eveleth $245,000 for roof repair. (11) Faribault $30,000 for life safety. (12) Granite Falls $110,000 for tank removal and parking repair. (13) Hennepin $300,000 for tank removal and parking repair. APPROPRIATIONS $ (14) Jackson $170,000 for tank removal and parking repair. (15) Mankato $160,000 for parking repair. (16) Minneapolis $10,000 for roof repair. (17) Moorhead $110,000 for tank removal and roof repair. (18) Northeast Metro $75,000 for tank removal. (19) Pine $110,000 for tank removal, and roof and parking repair. (20) Pipestone $65,000 for parking repair. (21) Red Wing $390,000 for life safety, tank removal, and parking repair. (22) St. Cloud $1,110,000 for life safety, tank removal, and roof and parking repair. (23) St. Paul $700,000 for asbestos abatement, tank removal, and parking repair. (24) Thief River Falls $30,000 for tank removal. (25) Wadena $220,000 for life safety improvements at the utility field buildings and tank removal. (26) Willmar $480,000 for tank removal and parking repair. (27) Winona $390,000 for life safety, and roof and parking repair. (28) Systemwide $365,000 for life safety and tank removal. APPROPRIATIONS $ Subd. 3. Brainerd 20,000,000 To construct and equip a new technical college campus colocated with Brainerd Community College. This appropriation is contingent upon the approval of the independent school district No. 181 bond referendum to purchase the technical college campus. Subd. 4. Dakota County 600,000 To complete construction of the decision driving course. Intermediate district No. 917 must use local money for any costs beyond this appropriation. The total cost of the project must not exceed $1,200,000. Subd. 5. Northeast Metro 162,000 To construct a truck driving classroom support facility. Subd. 6. Rochester 1,200,000 This appropriation is to prepare design development plans and working drawings for an integrated campus in accordance with this subdivision. (1) Rochester independent school district No. 535 and the state board of technical colleges may enter into an agreement for the sale of the Rochester technical college. The sale is contingent on state board of technical colleges' approval and passage of a referendum by the voters in Rochester school district No. 535. The sale price shall equal the appraised value. (2) The sale shall not cause the technical college to lease space or to move to any temporary site. (3) The state board of technical colleges may sell the current Rochester campus site to independent school district No. 535 for no less than the appraised value of the property. The proceeds from the sale must be used toward the costs of design and construction of a technical college addition to the Rochester center. Prior to the preparation of design documents, the public post-secondary systems shall jointly prepare an academic plan for an integrated polytechnic university for the Rochester center facility. The plan shall be submitted to the post-secondary governing boards for approval by December 1, 1994. If approved, the plan shall be submitted to the higher education finance divisions by February 15, 1995. (4) The proceeds from the sale of the technical college to Rochester independent school district No. 535, are appropriated for the construction necessary to integrate technical college programs into the university center and to add or modify space where necessary. The new technical college program space must be attached to and must maximize the current services, space, and programs of the community college, state university, and University of Minnesota cooperative campus. APPROPRIATIONS $ The state board of technical colleges shall develop a plan to relocate to the Austin and Faribault campuses all Rochester campus programs that are not essential to the integrated mission of the polytechnical university planned for the Rochester center facility. This plan must be completed prior to preparing design documents for the technical college addition to the Rochester center. The state board shall report its plan to the house capital investment committee and the house and senate higher education finance divisions by January 15, 1995. The state board of technical colleges shall relocate the horticulture technology program from the Rochester campus to the Austin campus of Riverland Technical College before the start of the 1995-1996 academic year. Sec. 15. COMMUNITY COLLEGES Subdivision 1. To the commissioner of administration for the purposes specified in this section 22,885,000 During the biennium, the state board for community colleges shall supervise and control the making of necessary repairs to all community college buildings and structures. During the biennium, the state board may delegate the authority provided in this section to the campus president for repair and replacement projects with a total cost of less than $50,000, if the state board determines that the projects can be efficiently managed at the campus level. Subd. 2. Higher Education Asset Preservation and Restoration 4,000,000 Appropriations in this subdivision are for the following campus projects: (1) Anoka $370,000 for roof replacement. (2) Austin $110,000 for roof replacement. (3) Fergus Falls $1,950,000 for renovating the science building, emergency lighting, replacing a roof, windows, and precast trim. (4) Hibbing $220,000 for roof and window replacement, venting, air conditioning, steamline revisions, and replacing theatre curtains. APPROPRIATIONS $ (5) Inver Hills $130,000 for roof and window replacement, tunnel repair, tuckpointing, venting, and lighting. (6) Lakewood $150,000 for roof replacement, parking and gym lighting replacement, floor replacement, and generator replacement. (7) Minneapolis $370,000 for life safety, security, roof replacement, and modifying the entrance. (8) North Hennepin $270,000 for roof replacement, tuckpointing, insulation, and bleacher repair. (9) Rainy River $120,000 for roof replacement and air conditioning (10) Worthington $310,000 for roof and light replacement, tuckpointing, and security. Subd. 3. Normandale 10,000,000 To remodel and expand the campus for code compliance and improvement of classrooms, learning resource center, campus center, teaching labs, offices, and institutional services. Subd. 4. Cambridge Center 7,000,000 To construct classrooms, ITV facilities, teaching laboratories, learning resource center, campus center, offices, and institutional services. Subd. 5. Inver Hills 400,000 To acquire land and relocate the campus entry road. Subd. 6. Rainy River Community College Student Housing 1,030,000 To the state board for community colleges to acquire existing facilities for use as a dormitory or other student residence at International Falls for the use and benefit of Rainy River Community College. The state board for community colleges or its successor shall establish, maintain, revise when necessary, and APPROPRIATIONS $ collect rates and charges for the use of the student housing facilities. The rates and charges must be sufficient, as estimated by the board, to pay one-third of the debt service on bonds issued to fund this appropriation under the provisions of Minnesota Statutes, section 16A.643, to pay all expenses of operation and maintenance of the facilities, and to establish and maintain the reserve funds that the board considers necessary for repair, replacement, and maintenance of the facilities. The rates and charges collected are appropriated for these purposes. Funds and accounts established in furtherance of these purposes are not subject to Minnesota Statutes, section 136.67, subdivision 2, or its successor provision and are not subject to the budgetary control of the commissioner of finance, except as provided in Minnesota Statutes, section 16A.643. Subd. 7. North Hennepin 455,000 To design campus expansion and remodeling for code compliance and improvement of classrooms, learning resource center, campus center, teaching labs, and offices. Sec. 16. STATE UNIVERSITIES Subdivision 1. To the state university board for the purposes specified in this section 45,150,000 The state university board shall supervise and control the making of necessary repairs to all state university buildings and structures. Subd. 2. Higher Education Assets Preservation and Restoration 11,000,000 Appropriations in this subdivision are for the following campus projects: (1) Bemidji State $1,380,000 for roof replacement, asbestos abatement, and tuckpointing. (2) Mankato State $2,770,000 for asbestos abatement, installation of water mains, fire hydrants and fire alarm systems, and electrical, mechanical, and access improvements. (3) Metro State $200,000 for asbestos abatement. (4) Moorhead State $470,000 for roof replacement and asbestos abatement. (5) St. Cloud State $3,240,000 for roof replacement, asbestos abatement, electrical and utility tunnel upgrade design, and new boiler construction. APPROPRIATIONS $ (6) Southwest State $1,790,000 for asbestos abatement, tuckpointing, and air quality improvement. (7) Winona State $750,000 for roof replacement and asbestos abatement. (8) Systemwide $400,000 for asbestos abatement. Subd. 3. Winona State 20,000,000 To construct a new library and chiller plant. Subd. 4. Metro State 12,000,000 To design, rehabilitate, and remodel buildings A and C and plan to rehabilitate the attached power plant upper level. Metro state must not lease additional space during the remodeling to accommodate programs and personnel currently housed in building C. Subd. 5. Moorhead State 600,000 To acquire land in the five-block area adjacent to the campus. Subd. 6. St. Cloud State 400,000 To acquire land in the six-block area adjacent to the campus. Subd. 7. St. Cloud State 1,150,000 To prepare contract documents for constructing a new library and chiller plant. Sec. 17. UNIVERSITY OF MINNESOTA Subdivision 1. To the board of regents of the University of Minnesota for the purposes specified in this section 42,973,000 Before issuing bonds for a steam plant, the board of regents must review the findings of the Environmental Impact Statement and the operating and capital costs of the project and alternative approaches, and report its recommendations to the higher education finance divisions. Subd. 2. Higher Education Asset Preservation and Restoration 12,000,000 Appropriations in this subdivision are for the following campus projects: (1) Crookston $1,100,000 for health and life safety and handicapped access. APPROPRIATIONS $ (2) Duluth $2,626,000 for fire protection, emergency lighting, and pipe replacement. (3) Morris $350,000 for health and life safety and upgrading conductors and switch gear. (4) Twin Cities $5,740,000 for health and life safety, fire protection, emergency lighting, and construction of exits. (5) Agricultural Experiment Stations $184,000 for fire protection, well construction, and emergency lighting. (6) Systemwide $2,000,000 for handicapped access and hazardous substance abatement. The board of regents shall determine project priorities. In determining priorities, the board of regents must give lower priority to projects in facilities which the university intends to demolish, sell, or abandon within five years. Subd. 3. Archival Research Library 2,700,000 To design the archival research library to house all collections, and university manuscripts, special collections, and Immigration History Research Center documents and collections, and accommodate collections overflow for university, state university, private college, city, county, and regional libraries, and to house Minitex services. The facility must include a public viewing area for display of materials to educate visitors on the importance of the archives and their historical context. Subd. 4. Carlson School of Management 12,000,000 To construct a new facility to house the Carlson School of Management to provide space for all teaching, research, and service activities associated with the school's academic and community service programs. This appropriation is contingent upon the commitment of at least $20,000,000 in nonstate funds, and is intended to complete the project. Subd. 5. Assessments 1,273,000 To pay special assessments levied for the construction of roads and storm drains around the Minneapolis and St. Paul campuses. Subd. 6. Mechanical Engineering 11,000,000 To renovate and reconstruct labs, classrooms, and offices in the electrical engineering building. This appropriation is contingent upon the commitment of $6,700,000 in nonstate funds. This appropriation is intended to complete the project. APPROPRIATIONS $ Subd. 7. Duluth Medical School 4,000,000 To construct an addition to the medical school to house laboratories and support functions. Sec. 18. TRANSPORTATION Subdivision 1. To the commissioner of transportation for the purposes specified in this section 43,580,000 Subd. 2. Bloomington Ferry Bridge 5,000,000 This appropriation is from the state transportation fund as provided in Minnesota Statutes, section 174.50, to match federal funds to complete construction of the Bloomington ferry bridge and approaches. Any money not encumbered by December 31, 1997, is canceled to the state bond fund. This appropriation is added to the appropriation in Laws 1993, chapter 373, section 14, subdivision 2. Subd. 3. 494 and 61 Interchange; Wakota Bridge; E.I.S. 1,000,000 This appropriation is from the state transportation fund for the environmental impact statement and preliminary engineering to upgrade the highways 494 and 61 interchange including the Wakota Bridge. Subd. 4. Local Bridge Replacement and Rehabilitation 10,000,000 This appropriation is from the state transportation fund as provided in Minnesota Statutes, section 174.50, to match federal funds and to replace or rehabilitate local deficient bridges. Political subdivisions may use grants made under this section to construct or reconstruct bridges, including: (1) matching federal-aid grants to construct or reconstruct key bridges; (2) paying the costs to abandon an existing bridge that is deficient and in need of replacement, but where no replacement will be made; (3) paying the costs to construct a road or street to facilitate the abandonment of an existing bridge determined by the commissioner to be deficient, if the commissioner determines that construction of the road or street is more cost-efficient than the replacement of the existing bridge; and (4) paying the costs of preliminary engineering and environmental studies authorized under Minnesota Statutes, section 174.50, subdivision 6a. APPROPRIATIONS $ Subd. 5. Federal Aid Demonstration Projects 3,639,000 This appropriation is from the state transportation fund as provided in Minnesota Statutes, section 174.50, to fund the nonfederal matching requirement for demonstration projects of Forest Highway 11 in St. Louis and Lake counties, and County State-Aid Highway 41 in Nicollet county. Subd. 6. Light Rail Transit 10,000,000 This appropriation is from the state transportation fund as provided in Minnesota Statutes, section 174.50, to construct light rail transit in the central corridor. The appropriation must be used to match a $10,000,000 federal grant for preliminary engineering and final design of light rail transit in the central corridor. The project must be managed by the commissioner of transportation. Subd. 7. Harbor Improvement Program 2,000,000 This appropriation is from the state transportation fund as provided in Minnesota Statutes, section 174.50, to the port development revolving fund for the purposes of the port development assistance program under Minnesota Statutes, chapter 457A. Subd. 8. Trunk Highway Facility Projects 11,941,000 To the commissioner of transportation for the purposes specified in this subdivision. The appropriations in this subdivision are from the trunk highway fund. (a) Installation of automatic fire sprinkler systems at maintenance headquarters in Virginia, Owatonna, and Windom 365,000 (b) Repair, replace, or construct chemical and salt storage buildings at 36 department of transportation locations statewide 1,030,000 (c) Construct, furnish, and equip a truck enforcement site and weigh scale in the Albert Lea area to replace the Lakeville site 886,000 (d) Construct, furnish, and equip a truck station and maintenance facility in Hutchinson on a new site to replace the current facility 897,000 (e) Construct, furnish, and equip a new truck station on Maryland Avenue in St. Paul to replace the current facility 5,440,000 (f) Construct an addition to the Detroit Lakes welding shop 355,000 (g) Remodel facilities and construct additions to truck stations in Ely, Montgomery, and Forest Lake 302,000 (h) Purchase, remodel, and expand the Minnesota National Guard truck maintenance facility in Tracy to fit the needs of a department of transportation truck station 359,000 (i) Construct, furnish, and equip a truck station in Wadena on a new site to replace the current facility 527,000 APPROPRIATIONS $ (j) Construct, furnish, and equip class II safety rest areas in Darwin Winter park, Preston/Fountain vicinity, Pioneer monument, Camp Release historic monument, and Lake Shetek 200,000 (k) Land acquisition for new replacement truck station sites at Illgen City, Rushford, Gaylord, Madelia, Sherburne, and Litchfield 250,000 (l) Design fees to complete construction drawings for projects at Windom, Maplewood, Hastings, central services building, Arden Hills training center, and Albert Lea weigh scale 371,000 (m) Construct pole type storage buildings at department of transportation locations throughout the state 400,000 (n) Remove asbestos from various department of transportation buildings statewide 150,000 (o) Remodel facility and construct an addition to the Carlton truck station 259,000 (p) Remodel the old Burlington Northern train depot in Floodwood into a safety information center and rest area and phase out the wayside rest at Trunk Highways 2 and 73 150,000 The commissioner may use the balance of funds appropriated by Laws 1985, first special session chapter 15, section 9, subdivision 6, paragraph (c), for land acquisition for a weigh station on interstate highway 94 at Moorhead to supplement funds appropriated by Laws of 1989, chapter 269, section 2, subdivision 11, paragraph (d), for construction of the Moorhead weigh station. Sec. 19. MINNESOTA HISTORICAL SOCIETY Subdivision 1. To the Minnesota historical society for the purposes specified in this section 4,625,000 Subd. 2. Historic Site Preservation and Repair 1,525,000 For capital repair, reconstruction, or replacement at the Jeffers Petroglyphs, Forest History Center, Lower Sioux Agency, James J. Hill House, and of the state's other historic sites and markers. $25,000 of this appropriation is from the general fund for fencing at Stumne mounds. The society shall determine project priorities as appropriate based on need. Subd. 3. Historic Site Permanent Exhibit Repair and Replacement 350,000 For capital repair or replacement of exhibits at historic sites throughout the state. The society shall determine project priorities as appropriate based on need. This appropriation is not available for exhibits at the history center. Subd. 4. County and Local Preservation Projects 500,000 To be allocated to county and local jurisdictions as matching money for historic preservation projects. Grant recipients must be public entities and must match state funds on at least an equal basis. APPROPRIATIONS $ Subd. 5. ISTEA Preservation Grants 1,000,000 To be allocated to county and local jurisdictions or the Minnesota Historical Society as matching money for federal Intermodal Surface Transportation Efficiency Act grants. The society shall determine project priorities as appropriate based on historic preservation purposes and need. $50,000 of this amount is from the general fund and is for state matching money to restore the Sibley House site in Mendota. Use of the appropriation for the projects specified is contingent upon award of federal matching money. Subd. 6. Battle Point Historic Site 250,000 For construction of the Battle Point historic site, preliminary plans for which were authorized in Laws 1990, chapter 610, article 1, section 17, and Laws 1992, chapter 558, section 24, subdivision 5. This appropriation is contingent upon the commitment of an equal amount from nonstate sources. Subd. 7. St. Anthony Falls Heritage Zone 1,000,000 For grant-in-aid purposes of the St. Anthony Falls Heritage Board in accordance with Minnesota Statutes, section 138.763. Grants may be made for public improvements of a capital nature according to the St. Anthony Falls Heritage Board. Sec. 20. TRADE AND ECONOMIC DEVELOPMENT Subdivision 1. To the commissioner of trade and economic development for the purposes specified in this section 18,350,000 Subd. 2. Water Pollution Control Matching Funds 13,400,000 For the public facilities authority for state matching money to federal grants to capitalize the state water pollution control revolving fund under Minnesota Statutes, section 446A.07. This includes funding for nonpoint source projects. Expenditure of this appropriation is limited to the minimum amount necessary to match the allotment of federal funds to Minnesota. Subd. 3. Eagle Lake Sewer Connection Of the amounts transferred to the public facilities authority under Minnesota Statutes, section 446A.071, subdivision 8, $149,000 shall be transferred and is appropriated to the commissioner of the pollution control agency for a grant to the city of Eagle Lake to pay for an interceptor connection to the wastewater treatment plant in the city of Mankato. This grant is for payment in the last quarter of fiscal year 1995. APPROPRIATIONS $ Subd. 4. Minnesota Children's Museum 1,250,000 For a grant to the city of St. Paul for site preparation and construction of the Minnesota Children's Museum. Subd. 5. Tourism and Exposition Centers 2,200,000 For two grants to political subdivisions for exhibition space for tourism and exposition centers. One grant must be for $1,000,000 to the southwest regional development commission for the Prairieland Expo facility to develop construction planning documents sufficient to secure a grant from the department of transportation's intermodal surface transportation efficiency act funds. The other grant must be for a project selected by the commissioner and located in northeastern Minnesota. Subd. 6. Contamination Cleanup Grants 1,500,000 This appropriation is for contamination cleanup grants under Minnesota Statutes, sections 116J.551 to 116J.557. Sec. 21. MINNESOTA TECHNOLOGIES, INC. 400,000 To Minnesota Technologies, Inc., for capital improvements at the natural resources research institute, Coleraine laboratory facility, to match federal grants. Sec. 22. RESIDENTIAL ACADEMIES 1,500,000 To the commissioner of administration for projects at the Minnesota state residential academies in Faribault as specified in this section. $1,465,000 of this appropriation is to renovate, furnish, and equip the east wing of Noyes hall to provide additional classrooms, library media center, and office space for support services. Maintenance employees of the academies may do the demolition work necessary to complete this project. $35,000 of this appropriation is for renovation of the science classroom. Sec. 23. COOPERATIVE SECONDARY FACILITIES GRANT 6,000,000 To the commissioner of education for cooperative secondary facilities grants under Minnesota Statutes, sections 124.491 to 124.494. Notwithstanding Minnesota Statutes, sections 124.491 to 124.494 to the contrary, the commissioner of education shall award a grant of $5,000,000 according to Minnesota Statutes, section 124.494, subdivision 1, and a grant of $1,000,000 according to Minnesota Statutes, section 124.494, subdivision 4a, to a group of independent school district Nos. 341, Atwater; 461, Cosmos; and 464, Grove City. The group of districts must enter into a joint powers agreement and must comply with Minnesota Statutes, section 124.494, subdivision 6. APPROPRIATIONS $ Notwithstanding the 180-day requirement of Minnesota Statutes, section 124.494, subdivision 5, the joint powers board must submit the question to the voters as required in that subdivision between the effective date of this section and November 15, 1994. Sec. 24. SCHOOL BUILDING ACCESSIBILITY GRANTS 4,000,000 To the commissioner of education for grants according to Minnesota Statutes, sections 124C.71 to 124C.73. Up to $25,000 of this appropriation is available to the department of education for administrative expenses specifically related to the disbursement of the grants after grants from the 1993 appropriation are distributed to school districts. Sec. 25. METROPOLITAN MAGNET SCHOOLS 10,000,000 To the commissioner of education for a metropolitan magnet school grant. The commissioner of education, in consultation with a voluntary interdistrict coordinating council, if established, shall award the grant to a group of qualified metropolitan school districts under Minnesota Statutes, section 124C.498. Up to $250,000 of the appropriation may be used by the grant recipients for facilities planning purposes. Sec. 26. LIBRARY ACCESSIBILITY 1,000,000 To the commissioner of education to make grants for library accessibility capital projects. ENVIRONMENT AND NATURAL RESOURCES Sec. 27. NATURAL RESOURCES Subdivision 1. To the commissioner of natural resources for the purposes specified in this section 17,290,000 Subd. 2. Underground Storage Tank Removal and Replacement 1,000,000 To remove and replace state-owned underground fuel storage tanks that are subject to related federal regulations. Subd. 3. Flood Hazard Mitigation Grants 400,000 For the flood hazard mitigation grant assistance program to local government units to prevent or alleviate flood damages to public lands, facilities, or capital improvements, as provided in Minnesota Statutes, section 103F.161. $350,000 of this appropriation is for the Red Lake Watershed-Goode Lake project. $50,000 is for preliminary engineering for water retention projects in Renville county. Subd. 4. Dam Improvements 1,000,000 To repair, reconstruct, or remove publicly owned dams throughout the state, as provided in Minnesota Statutes, section 103G.511. APPROPRIATIONS $ Funded projects and the amounts of this appropriation for each are: Mud-Goose Lake 450,000 Kettle River 250,000 emergency repairs 300,000 $100,000 of the appropriation in Laws 1992, chapter 558, section 18, subdivision 2, for dam repair and replacement, and the $100,000 appropriated in Laws 1993, chapter 373, section 12, subdivision 3, for the repair of the Stewartville dam, may be used for the removal of the Stewartville dam and restoration of the natural river channel under Minnesota Statutes, section 103G.511, except that no local match is required for removal. Subd. 5. State Park Betterment and Rehabilitation 1,000,000 To upgrade, repair, or rehabilitate improvements of a capital nature at state park facilities throughout the state including, but not limited to, campsite improvements, trail resurfacing, parking area improvements, and erosion control. This appropriation must not be used for wetlands mitigation or resource management. Subd. 6. Trail Rehabilitation 1,600,000 To upgrade, repair, or rehabilitate improvements of a capital nature at Willard Munger trail, Paul Bunyan trail, Luce Line trail, Sakatah Singing Hills trail, and Northshore trail. Of this amount, $500,000 is for the completion of the Sakatah Singing Hills trail. The commissioner shall use $100,000 of the unencumbered balances from the appropriations for acquisition or betterment of state trails in Laws 1981, chapter 304, section 4, paragraph (4); Laws 1985, First Special Session chapter 15, section 4, subdivision 3, paragraph (b); Laws 1987, chapter 400, section 5, subdivision 2, paragraph (i); and Laws 1989, chapter 300, article 1, section 16, subdivision 3, paragraph (a), for the development of a nonmotorized trail between the entrance to Lake Louise State Park and the city of Le Roy. Subd. 7. State Park Building Rehabilitation 1,500,000 For improvements of a capital nature to repair, rehabilitate, construct, or add to state park buildings throughout the state, according to the management plan required in Minnesota Statutes, chapter 86A. This appropriation must not be used for wetland mitigation or repairs to utility systems. Subd. 8. Forestry Recreation Facilities 500,000 For improvements of a capital nature to rehabilitate, improve, or develop forestry recreation campgrounds, day-use areas, and horse staging areas throughout the state. Subd. 9. Forestry Roads and Bridges 300,000 For reconstruction, resurfacing, replacement, or construction of improvements of a capital nature to state forest roads and bridges throughout the state. APPROPRIATIONS $ Subd. 10. RIM Prairie Bank Improvements 250,000 For development, protection, or improvements of a capital nature to prairie bank areas throughout the state. Subd. 11. Metropolitan Council Regional Parks 5,000,000 This appropriation is for payment by the commissioner of natural resources to the metropolitan council. The commissioner shall transfer the amount to the metropolitan council upon receipt of a certified copy of a council resolution requesting payment. The appropriation must be used to pay the cost of acquisition and betterment by the metropolitan council and local government units of regional recreational open space lands in accordance with the council's policy plan as provided in Minnesota Statutes, section 473.315. This appropriation includes $2,400,000 for the Lake Minnetonka Regional Park. Subd. 12. State Park Building Development 1,000,000 To construct, furnish, and equip new facilities in the state park system, according to the management plan required in Minnesota Statutes, chapter 86A. Subd. 13. Forestry Air Tanker Facilities 500,000 To replace temporary buildings, upgrade equipment, and construct fuel and fire retardant spill containment systems at air tanker bases at Bemidji, Hibbing, and Brainerd. $183,000 of this appropriation is for state funding of the Bemidji site and is contingent upon commitment of $200,000 in matching funds from the United States Bureau of Indian Affairs. Subd. 14. Lake Superior Safe Harbors 1,500,000 To develop a new small craft harbor in Silver Bay contingent on receipt of the federal matching grant. Subd. 15. Hibbing Drill Core Library and Reclamation Demonstration Facility 650,000 To expand the division of minerals drill core library facility and relocate its reclamation demonstration facility from Babbit to Hibbing. The minerals and drill core library shall include space that will serve as a public viewing area that will educate visitors on the geology of Minnesota. Subd. 16. Forestry Land Acquisition 250,000 To acquire private lands within established boundaries of state forests throughout the state. APPROPRIATIONS $ Subd. 17. Lac qui Parle Improvements 500,000 To construct, furnish, and equip offices and a hunter contact and education center at the Lac qui Parle wildlife management area. $120,000 of this appropriation must be used to: (1) build a migratory waterfowl observation deck and trail; and (2) build a pole storage building. The location of the improvement must be chosen by an ad hoc committee of eleven local residents. The committee shall include one member of each of the county boards of Big Stone, Chippewa, Lac qui Parle, and Swift counties chosen by the respective county boards; one member of the Lac qui Parle lake association, chosen by the association; one member of the Lac qui Parle goose advisory committee, chosen by the committee; and one local Department of Natural Resources employee chosen by the department. Four members of the ad hoc committee shall be owners of land adjacent to the Lac qui Parle wildlife management area. The county boards of Big Stone, Chippewa, Lac qui Parle, and Swift counties shall each choose a resident adjacent landowner to serve on the ad hoc committee. The commissioner of natural resources shall notify the above groups of their participation in the site selection process, and shall convene, at a convenient time and place, the first meeting of the ad hoc committee. The unencumbered balance of the appropriation in Laws 1990, chapter 610, article 1, section 20, subdivision 9, clause (d), shall be used for the purposes described in this subdivision, notwithstanding the site restrictions specified in that appropriation. Subd. 18. White Oak Fur Post 340,000 To the commissioner of natural resources for a grant to the city of Deer River for site improvements and construction of a campground service building and education center for the White Oak Fur Post tourism and education facility. The facility shall be owned by the city. The city may enter into a lease or management contract with a nonprofit entity under Minnesota Statutes, section 16A.695, for operation of the facilities. The rental amount need not require the lessee to pay rentals sufficient to pay debt service on the state bonds issued to acquire and better the facilities. Subd. 19. Work Program The commissioner of natural resources must submit a work program and semi-annual progress reports in the form determined by the legislative commission on Minnesota resources and request its recommendation before spending any money appropriated by subdivisions 2, 5, 6, 7, 8, 9, 10, 12, 14, 16, and 17. The commission's recommendation is advisory only. Failure to respond to a request within 60 days after receipt is a negative recommendation. Work programs involving land acquisition must include a land acquisition plan. APPROPRIATIONS $ Sec. 28. POLLUTION CONTROL AGENCY Subdivision 1. To the commissioner of the pollution control agency for the purposes specified in this section 23,200,000 Subd. 2. Combined Sewer Overflow (CSO) 20,000,000 For the state share of combined sewer overflow grants under Minnesota Statutes, section 116.162, to complete the combined sewer overflow program. This appropriation includes $5,850,000 for the city of Minneapolis, $13,950,000 for the city of St. Paul, and $210,000 for the city of South Saint Paul. This is the final appropriation for these projects. The city of St. Paul shall use all revenues derived from its clawback funding of sewer financing only for sewer separation projects that directly result in the elimination of combined sewer overflow. Subd. 3. Solid Waste Capital Assistance Program 3,000,000 For state grants to cities, counties, and solid waste management districts to finance capital costs related to construction of solid waste processing facilities, including resource recovery facilities. Subd. 4. Water Quality Monitoring System 200,000 To purchase and install ten water quality monitoring systems to be located throughout the state at sites selected by the commissioner. Sec. 29. BOARD OF WATER AND SOIL RESOURCES Subdivision 1. To the board of water and soil resources for the purposes in this section 6,100,000 Subd. 2. Redwood 22 Reservoir Project 800,000 For land acquisition and permanent easements for the Redwood 22 reservoir project, contingent upon local matching money of $266,666. These funds are not intended to be used for construction. Subd. 3. Minnesota River Basin Grants 300,000 For matching grants to local units of government as provided in Minnesota Statutes, section 103F.173, for floodwater control projects in the Minnesota river basin area II. Subd. 4. Reinvest in Minnesota Reserve Program (RIM) 4,000,000 To acquire conservation easements from landowners on marginal lands to protect soil and water quality and to support fish and wildlife habitat as provided in Minnesota Statutes, section 103F.505. Notwithstanding the provisions of Minnesota Statutes, section 103F.515, up to $100,000 of the appropriation for RIM Reserve easements may be used as a matching grant to St. Paul to study the feasibility and design options for the wetland restoration in the Phalen Lake area. APPROPRIATIONS $ Subd. 5. Permanent Wetlands Preserves 1,000,000 To acquire perpetual conservation easements on existing type 1, 2, and 3 wetlands, adjacent lands, and for the establishment of permanent cover on adjacent lands, in accordance with Minnesota Statutes, section 103F.516. No more than ten percent of this appropriation shall be used for professional service costs associated with acquiring easements. Subd. 6. Work Program The board of soil and water resources must submit a work program and semiannual progress reports in the form determined by the legislative water commission and request its recommendation before spending any money appropriated by subdivisions 4 and 5. The commission's recommendation is advisory only. Failure to respond to a request within 60 days after receipt is a negative recommendation. Work programs involving land acquisition must include a land acquisition plan. Sec. 30. MINNESOTA ZOOLOGICAL GARDEN Subdivision 1. To the board of the Minnesota zoological garden for purposes specified in this section 20,211,000 Subd. 2. Marine Education Center 20,000,000 To design, construct, furnish, and equip a marine education center and related visitor improvements at the zoo. This appropriation is intended to complete the project. All of the debt service costs on the bonds sold to finance this project must be paid from dedicated receipts of the Minnesota zoological garden to the commissioner of finance as required by Minnesota Statutes, section 16A.643. Subd. 3. Animal Management 211,000 For improvements of a capital nature to repair and renovate animal management facilities in the small and large animal holding areas, isolation barn, and horse exhibit. Sec. 31. BOND SALE EXPENSES 438,000 To the commissioner of finance for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8. Sec. 32. Laws 1993, chapter 373, section 18, is amended to read: Sec. 18. BOND SALE SCHEDULE The commissioner of finance shall schedule the sale of state general obligation bonds so that, during the biennium ending June 30, 1995, no more than $457,455,000 will need to be transferred from the general fund to the state bond fund to pay principal and interest due and to become due on outstanding state general obligation APPROPRIATIONS $ bonds. This figure includes the amount deposited in the general obligation special tax bond debt service account under Minnesota Statutes, section 16A.661, subdivisions 3 and 4. During the biennium, before each sale of state general obligation bonds, the commissioner of finance shall calculate the amount of debt service payments needed on bonds previously issued and shall estimate the amount of debt service payments that will be needed on the bonds scheduled to be sold, the commissioner shall adjust the amount of bonds scheduled to be sold so as to remain within the limit set by this section. The amount needed to make the debt service payments is appropriated from the general fund as provided in Minnesota Statutes, section 16A.641. Sec. 33. [REDUCED PROJECT AUTHORIZATIONS, BOND EXPENSE APPROPRIATIONS.] Subdivision 1. [PROJECTS.] The project authorizations are reduced, for the projects cited and described in column A, by the dollar amounts shown in column B. COLUMN A COLUMN B includes cents (a) Laws 1980, chapter 564, article 12, section 1, subdivision 3, clause (b) Acquisition of Sites and Buffer Areas for Hazardous Waste Facilities ($2,500,000.00) (b) Laws 1987, chapter 400 Section 3, subdivision 1, clause (a) Handicap Access Historical Society (1,915.84) Section 3, subdivision 1, clause (c) Capitol Building Restoration (8,618.30) Section 3, subdivision 1, clause (d) House of Representatives Building Project (3,497.72) Section 3, subdivision 1, clause (j) State Office Building Ramp (9,700.00) Section 3, subdivision 1, clause (k) Mechanic Arts High School Demolition (3,211.61) Section 3, subdivision 1, clause (l) Remodel Capitol Square Building (15,291.43) Section 5, subdivision 2, clause (a) Acquisition of State Parks (47.37) Section 5, subdivision 2, clause (h) Betterment of State Parks (449.80) Maplewood (.37) St. Croix (1.93) St. Croix (21.15) Frontenac (107.97) Frontenac (808.39) Afton (26.88) Afton (5.16) Section 8, subdivision 3, clause (a) City of Blaine Athletic Center (215.00) Section 17, subdivision 3, clause (a) Roof Repairs (.39) Section 18, subdivision 3 Hibbing Community College (697.12) Section 18, subdivision 12 Willmar Community College (2.28) Section 19, subdivision 1 Winona State University Land Purchase (5,328.61) Section 19, subdivision 2 Bemidji State University-Fitness Recreation Equipment (17.24) Section 20, subdivision 8, clause (a) Waseca Campus-Renovate Ag Labs (7,439.00) Section 21, subdivision 5 MCF-Sauk Centre-Sullivan Cottage Remodeling (986.52) Section 21, subdivision 6 MCF-Stillwater-Window Screens (2,685.67) Section 22, subdivision 8 Cambridge RTC-Improve Cottage 5 (14,061.00) Section 61 Plan and Prepare Center for Arts (4,610.79) (c) Laws 1989, chapter 300, article 1 Section 2, subdivision 3, clause (b) Master Facility Plans (14,790.68) Section 3, subdivision 5 Hibbing Community College (.75) Section 3, subdivision 6 Lakewood Community College (202.15) Section 3, subdivision 7 Normandale Community College (186.97) Section 5, subdivision 3 University of Minnesota, Waseca (221,952.00) Section 7, clause (a) State Owned Community Service (SOCS) Facilities (17,017.69) Section 7, clause (c) Anoka RTC (7.47) Fergus Falls RTC (4,050.00) RTC Renovation (303.00) Section 7, clause (d) RTC Cambridge SNF (92.11) Fergus Falls SNF (9.05) Section 8, subdivision 4 MCF-Shakopee-Demolish Old Facility (5,684.51) Section 10, subdivision 2 Minneapolis Veterans Home-Demolish Building 5 (l,095.28) Section 14, clause (f) Renovate House Space in Capitol (100.00) Section 14, clause (h) Site and Plan for New Agriculture Building (391,599.34) Section 16, subdivision 3, clause (d) Chemical Storage Buildings (20.00) Hibbing Airport (9,261.11) Section 19, clause (b) National Shooting Sports Center (209,235.03) (d) Laws 1990, chapter 610, article 1 Section 2, subdivision 4 Alexandria Technical College (0.10) Section 2, subdivision 5 Anoka Technical College (6.97) Section 2, subdivision 13 Thief River Falls Technical College (0.49) Section 2, subdivision 14 Willmar Technical College (0.05) Section 2, subdivision 15 Winona Technical College (400.00) Subd. 2. [BOND EXPENSES.] The appropriations for bond expenses cited in this subdivision are reduced by the dollar amounts shown: Appropriations (Reductions) (1) Laws 1987, chapter 400, section 23, reduced by ($160,252.46) (2) Laws 1989, chapter 300, article 1, section 21, reduced by (19,392.86) (3) Laws 1990, chapter 610, article 1, section 28, reduced by (114,592.39) (4) Laws 1992, chapter 558, section 26, reduced by (65,000.00) (5) Laws 1993, chapter 373, section 17, reduced by (15,000.00) Sec. 34. [BOND SALE.] Subdivision 1. [BOND PROCEEDS FUND.] To provide the money appropriated in this act from the bond proceeds fund the commissioner of finance, on request of the governor, shall sell and issue general obligation bonds of the state in an amount up to $406,163,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. Subd. 2. [TRANSPORTATION FUND.] To provide the money appropriated in this act from the state transportation fund, the commissioner of finance, on request of the governor, shall sell and issue general obligation bonds of the state in an amount up to $31,639,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except accrued interest and any premium received on the sale of the bonds, must be credited to a bond proceeds account in the state transportation fund. Sec. 35. [16A.115] [RELOCATION REQUESTS.] An agency request for an appropriation to fund relocation of all or part of the agency must include a statement of the cost per square foot of space currently occupied by the affected part of the agency, and the anticipated cost per square foot of the space the affected part of the agency will occupy after the proposed relocation. Sec. 36. [16A.501] [REPORT ON MATCHING MONEY.] The commissioner of finance must report annually to the legislature on the degree to which entities receiving appropriations of bond proceeds contingent upon obtaining matching money have been successful in raising that money. The report must be submitted to the chairs of the house ways and means committee and the senate finance committee by February 1 of each year. Sec. 37. [16A.642] [CANCELLATION OF BOND AUTHORIZATIONS BY COMMISSIONER OF FINANCE.] If the commissioner determines that the purposes for which general obligation bonds of the state have been issued are accomplished or abandoned, after consultation with the affected agencies, and there is a remaining authorization for a specific project of $100 or less, the commissioner may cancel the remaining authorization for that project. The commissioner must notify the chairs of the senate finance committee and the house capital investment committee of any bond authorizations canceled under this section. Sec. 38. [16A.695] [PROPERTY PURCHASED WITH STATE BOND PROCEEDS.] Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section. (b) "State bond financed property" means property acquired or bettered in whole or in part with the proceeds of state general obligation bonds authorized to be issued under article XI, section 5, clause (a), of the Minnesota Constitution. (c) "Public officer or agency" means a state officer or agency, the University of Minnesota, the Minnesota historical society, and any county, home rule charter or statutory city, school district, special purpose district, or other public entity, or any officer or employee thereof. (d) "Fair market value" means, with respect to the sale of state bond financed property, the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal of the property, or the price bid by a purchaser under a public bid procedure after reasonable public notice. Subd. 2. [LEASES AND MANAGEMENT CONTRACTS.] (a) A public officer or agency that is authorized by law to lease or enter into a management contract with respect to state bond financed property shall comply with this subdivision. (b) The lease or management contract may be entered into for the express purpose of carrying out a governmental program established or authorized by law and established by official action of the contracting public officer or agency, in accordance with orders of the commissioner intended to ensure the legality and tax-exempt status of bonds issued to finance the property, and with the approval of the commissioner. A lease or management contract, including any renewals that are solely at the option of the lessee, must be for a term substantially less than the useful life of the property, but may allow renewal beyond that term upon a determination by the lessor that the use continues to carry out the governmental program. A lease or management contract must be terminable by the contracting public officer or agency if the other contracting party defaults under the contract or if the governmental program is terminated or changed, and must provide for program oversight by the contracting public officer or agency. Money received by the public officer or agency under the lease or management contract that is not needed to pay and not authorized to be used to pay operating costs of the property must be paid to the commissioner in the same proportion as the state bond financing is to the total public financing for the property, deposited in the state bond fund, and used to pay or redeem or defease bonds issued to finance the property in accordance with the commissioner's order authorizing their issuance; the money paid to the commissioner is appropriated for this purpose. (c) With the approval of the commissioner, a lease or management contract between a city and a nonprofit corporation under section 471.191, subdivision 1, need not require the lessee to pay rentals sufficient to pay the principal, interest, redemption premiums, and other expenses when due with respect to state bonds issued to acquire and better the facilities. Subd. 3. [SALE OF PROPERTY.] A public officer or agency shall not sell any state bond financed property unless the public officer or agency determines by official action that the property is no longer usable or needed by the public officer or agency to carry out the governmental program for which it was acquired or constructed, the sale is made as authorized by law, the sale is made for fair market value, and the sale is approved by the commissioner. If any state bonds issued to purchase the state bond financed property that is sold remain outstanding on the date of sale, the net proceeds of sale must be applied as follows: (1) if the state bond financed property was acquired and bettered solely with state bond proceeds, an amount equal to the principal amount of the outstanding state bonds must be paid to the commissioner, deposited in the state bond fund, and used to pay or redeem or defease the outstanding bonds in accordance with the commissioner's order authorizing their issuance, and the proceeds are appropriated for this purpose; (2) if the state bond financed property was acquired or bettered partly with state bond proceeds and partly with other money, the net proceeds of sale must first be used to pay or redeem or defease the state bonds as provided in clause (1), and any excess over the amount needed for that purpose must be divided in proportion to the shares contributed to its acquisition or betterment and paid to the interested public and private entities, and the proceeds are appropriated for this purpose. Subd. 4. [RELATION TO OTHER LAWS.] This section applies to all state bond financed property unless otherwise provided by law. Sec. 39. Minnesota Statutes 1992, section 16A.85, subdivision 1, is amended to read: Subdivision 1. [AUTHORIZATION.] The commissioner of administration may determine, in conjunction with the commissioner of finance, the personal property needs of the various state departments, agencies, boards, and commissions and the legislature of the kinds of property identified in this subdivision that may be economically funded through a master lease program and request the commissioner of finance to execute a master lease. The master lease may be used only to finance the following kinds of purchases: (a) The master lease may be used to finance purchases by the commissioner of administration with money from an internal services fund. (b) The master lease may be used to refinance a purchase of equipment already purchased under a lease-purchase agreement. (c) The master lease may be used to finance purchases of large equipment with a capital value of more than $100,000 and a useful life of more than ten years. (d) The legislature may specifically authorize a particular purchase to be financed using the master lease. The legislature anticipates that this authorization will be given only to finance the purchase of major pieces of equipment with a capital value of more than $10,000. (e) The legislature may finance the purchase of computer and telecommunications equipment for official business of legislators and legislative staff using the master lease. The commissioner of finance may authorize the sale and issuance of certificates of participation relative to a master lease in an amount sufficient to fund these personal property needs. The term of the certificates must be less than the expected useful life of the equipment whose purchase is financed by the certificates. The commissioner of administration may use the proceeds from the master lease or the sale of the certificates of participation to acquire the personal property through the appropriate procurement procedure in chapter 16B. Money appropriated for the lease or acquisition of this personal property is appropriated to the commissioner of finance to make master lease payments. Sec. 40. [16B.331] [PLANNING FOR NEW BUILDINGS.] No state agency may develop plans for a new state building in the capitol area, as defined in section 15.50, subdivision 2, unless a law specifically grants planning authority for that building. Sec. 41. Minnesota Statutes 1993 Supplement, section 16B.335, is amended by adding a subdivision to read: Subd. 3. [PREDESIGN REQUIREMENT.] An agency to whom an appropriation is made for a construction or major remodeling project subject to review or notice under this section, shall prepare a predesign package and submit it to the commissioner of administration for review and approval, and to the chairs of the house capital investment committee and the senate finance committee for review and recommendation. The predesign package shall include evidence of architectural or engineering programming, cost planning, scheduling, impact on operating costs, and similar components as defined by the department of administration and must be submitted and approved before proceeding with design activities. The predesign package must include a preliminary plan and a cost benefit analysis of how the agency will use information technology to reduce the need for office space, enable it to provide more of its services electronically, and enable greater decentralization of operations. The information policy office must approve the information technology portion of the predesign package before an agency may proceed with design activities. Sec. 42. Minnesota Statutes 1993 Supplement, section 16B.335, is amended by adding a subdivision to read: Subd. 4. [INFORMATION TECHNOLOGY.] Agency requests for construction and remodeling funds shall include money for cost-effective information technology investments that would enable an agency to reduce its need for office space, provide more of its services electronically, and decentralize its operations. The information policy office must review and approve the information technology portion of construction and major remodeling program plans before the plans are submitted to the chairs of the senate finance committee and the house ways and means committee for their recommendations as required by subdivision 1. Sec. 43. Minnesota Statutes 1992, section 85.015, subdivision 4, is amended to read: Subd. 4. [DOUGLAS TRAIL, OLMSTED, WABASHA, AND GOODHUE COUNTIES.] (a) The trail shall originate at Rochester in Olmsted county and shall follow the route of the Chicago Great Western Railroad to Pine Island in Goodhue county and there terminate. (b) Additional trails may be established that extend the Douglas Trail System to include Pine Island, Mazeppa in Wabasha county to Zumbrota, Goodhue, and Red Wing in Goodhue county. In addition to the criteria in section 86A.05, subdivision 4, these trails must utilize abandoned railroad rights-of-way where possible. (c) The trail shall be developed primarily for riding and hiking. (c) (d) Under no circumstances shall the commissioner acquire any of the right-of-way of the Chicago Great Western Railroad until the abandonment of the line of railway described in this subdivision has been approved by the Interstate Commerce Commission. Sec. 44. [124C.498] [METROPOLITAN MAGNET SCHOOL GRANTS.] Subdivision 1. [POLICY AND PURPOSE.] A metropolitan magnet school grant program is established for the purpose of ensuring equal educational opportunities for all school age children residing in the seven-county metropolitan area, regardless of race or socioeconomic status. The program is intended to promote integrated education for students in prekindergarten through grade 12, increase mutual understanding among all students, and address the inability of local school districts to provide required construction funds through local property taxes. The program seeks to encourage school districts located in whole or in part within the seven-county metropolitan area to make available to school age children residing in the metropolitan area those educational programs, services, and facilities that are essential to meeting all children's needs and abilities. The program anticipates using the credit of the state, to a limited degree, to provide grants to metropolitan area school districts to improve the educational opportunities and academic achievement of disadvantaged children and the facilities that are available to those children. Subd. 2. [APPROVAL AUTHORITY; PROJECT APPLICATIONS.] To the extent money is available, the commissioner of education, in consultation with a voluntary interdistrict coordinating council, if established, may approve projects from applications submitted under this section. The grant money must be used only to acquire, construct, remodel, or improve the building or site of a magnet school facility according to contracts entered into within 15 months after the date on which a grant is awarded. Subd. 3. [GRANT APPLICATION PROCESS.] (a) Any group of school districts that meets the criteria required under paragraph (b) may apply for a magnet school grant in an amount not to exceed the lesser of $10,000,000 or 75 percent of the approved construction costs of a magnet school facility. (b) Any group of districts that submits an application for a grant shall submit a proposal to the commissioner for review and comment under section 121.15, and the commissioner shall prepare a review and comment on the proposed magnet school facility, regardless of the amount of the capital expenditure required to acquire, construct, remodel, or improve the facility. The commissioner must not approve an application for a magnet school grant for any facility unless the facility receives a favorable review and comment under section 121.15 and the participating districts: (1) establish a joint powers board under section 471.59 to represent all participating districts and govern the magnet school facility; (2) design the planned magnet school facility to meet the applicable requirements contained in Minnesota Rules, chapter 3535; (3) submit a statement of need, including reasons why the magnet school will facilitate desegregation/integration and improve learning; (4) prepare an educational plan, that includes input from both community and professional staff; and (5) develop an education program that will improve learning opportunities for students attending the magnet school. (c) The districts may develop a plan that permits social service, health, and other programs serving students and community residents to be located within the magnet school facility. The commissioner shall consider this plan when preparing a review and comment on the proposed facility. (d) When two or more districts enter into an agreement establishing a joint powers board to govern the magnet school facility, all member districts shall have the same powers. (e) A joint powers board of participating school districts established under paragraphs (b) and (d) that intends to apply for a grant shall adopt a resolution stating the costs of the proposed project, the purpose for which the debt is to be incurred, and an estimate of the dates when the contracts for the proposed project will be completed. A copy of the resolution must accompany any application for a state grant under this section. (f) The commissioner, in consultation with a voluntary interdistrict coordinating council, if established, shall examine and consider all grant applications. If the commissioner finds that any joint powers district is not a qualified grant applicant, the commissioner shall promptly notify that joint powers board. The commissioner shall make awards to no more than two qualified applicants whose applications have been on file with the commissioner more than 30 days. (g) A grant award is subject to verification by the joint powers board under paragraph (h). A grant award must not be made until the participating districts determine the site of the magnet school facility. If the total amount of the approved applications exceeds the amount of grant funding that is or can be made available, the commissioner shall allot the available amount equally between the approved applicant districts. The commissioner shall promptly certify to each qualified joint powers board the amount, if any, of the grant awarded to it. (h) Each grant must be evidenced by a contract between the joint powers board and the state acting through the commissioner. The contract obligates the state to pay to the joint powers board an amount computed according to paragraph (g) and a schedule, and terms and conditions acceptable to the commissioner of finance. Sec. 45. [134.45] [LIBRARY ACCESSIBILITY GRANTS.] Subdivision 1. [APPLICATION; DEFINITION.] Public library jurisdictions may apply to the commissioner of education for grants to improve accessibility to their library facilities. For the purposes of this section, "public library jurisdictions" means regional public library systems, regional library districts, cities, and counties operating libraries under chapter 134. Subd. 2. [APPROVAL BY COMMISSIONER.] The commissioner of education, in consultation with the state council on disability, may approve or disapprove applications under this section. The grant money must be used only to remove architectural barriers from a building or site. Subd. 3. [APPLICATION FORMS.] The commissioner of education shall prepare application forms and establish application dates. Subd. 4. [MATCH.] A public library jurisdiction applying for a grant under this section must match the grant with local funds. Subd. 5. [QUALIFICATION.] A public library jurisdiction may apply for a grant in an amount up to 50 percent of the approved costs of removing architectural barriers from a building or site. Subd. 6. [AWARD OF GRANTS.] The commissioner, in consultation with the state council on disability, shall examine and consider all applications for grants. If a public library jurisdiction is found not qualified, the commissioner shall promptly notify it. The commissioner shall prioritize grants on the following bases: the public library jurisdiction's tax burden, the long-term feasibility of the project, the suitability of the project, and the need for the project. If the total amount of the applications exceeds the amount that is or can be made available, the commissioner shall award grants according to the commissioner's judgment and discretion and based upon a ranking of the projects according to the factors listed in this subdivision. The commissioner shall promptly certify to each public library jurisdiction the amount, if any, of the grant awarded to it. Subd. 7. [PROJECT BUDGET.] A public library jurisdiction that receives a grant must provide the commissioner with the project budget and any other information the commissioner requests. Sec. 46. [135A.045] [POST-SECONDARY SYSTEMS] Each post-secondary governing board shall report on any petroleum tank release cleanup account reimbursements as part of each biennial budget request. The board shall specify its costs in relation to any tank removal, replacement, and cleanup and shall identify all petroleum tank release cleanup account reimbursements it received or assigned and the specific activity for which the reimbursement or assignment was made. The board must place all reimbursements it receives into its capital repair and betterment account. Sec. 47. [135A.046] [HIGHER EDUCATION ASSET PRESERVATION AND RENEWAL.] Subdivision 1. [PURPOSE.] The legislature recognizes that post-secondary governing boards operate campus physical plants that in number, size, and programmatic use differ significantly from the physical plants operated by state departments and agencies. However, the legislature recognizes the need for standards to aid in categorizing and funding capital projects. The purpose of this section is to provide standards for those higher education projects that are intended to preserve and replace existing campus facilities. Subd. 2. [STANDARDS.] Capital budget expenditures for Higher Education Asset Preservation and Renewal (HEAPR) projects must be for one or more of the following: code compliance including health and safety, hazardous material abatement, access improvement, or air quality improvement; and building or infrastructure repairs necessary to preserve the interior and exterior of existing buildings. Subd. 3. [REPORTING PRIORITIES.] Each post-secondary governing board shall establish priorities within its HEAPR projects. By December 31 of each year, it shall submit a list of those priorities for which capital bonding appropriations will be sought in the next legislative session, as well as a list of the projects that have received bond proceeds during that calendar year to the chairs of the higher education finance divisions, the senate finance committee, and the house capital investment committee. Sec. 48. Minnesota Statutes 1992, section 136.651, is amended to read: 136.651 [SURPLUS COMMUNITY COLLEGE LAND.] At the request of the state board for community colleges, the commissioner of administration shall transfer and convey, or lease for a term of years, state land under the control of but no longer needed by a community college to the city where the community college is located. The land must be used by the city for student housing. The conveyance must be made for no monetary consideration, and by quitclaim deed in a form approved by the attorney general. The deed must provide that the land reverts to the state if it is no longer used for student housing unless the owner of improvements on the land agrees before the reversion to pay the state the value of the unimproved land as determined by the commissioner prior to the improvements. For purposes of determining the value, the commissioner shall designate two or more of the regularly appointed and qualified state appraisers to determine the value of the land. Sec. 49. [241.0222] [SECURE JUVENILE DETENTION FACILITY CONSTRUCTION GRANTS.] Subdivision 1. [GRANTS AUTHORIZED.] The commissioner of corrections shall make grants to Hennepin county, Ramsey county, or groups of counties for up to 80 percent of the construction cost of secure juvenile detention and treatment facilities. The commissioner shall ensure that grants are distributed so that facilities are available for both male and female juveniles, and that the needs of very young offenders can be met. The commissioner shall also require that programming in the facilities be culturally specific and sensitive. To the extent possible, grants should be made for facilities or living units of 12 beds or fewer. No more than one grant shall be made in each judicial district. Subd. 2. [APPLICATIONS.] Applications for grants shall be submitted to the commissioner using forms and instructions which the commissioner shall provide. The commissioner must notify counties of the amount available for grants under this section for the counties in their judicial district. Applications can be submitted by Hennepin county, Ramsey county, or by a group of counties. The application must indicate that all counties in the judicial district have been consulted in the development of the proposal for the facility. If a county bordering a judicial district requests to join with counties in the adjoining judicial district, the commissioner may allow the county to cooperate in the grant application with the counties in the adjoining district. If the commissioner allows this, the commissioner shall reallocate the grant money attributable to that county to the judicial district with which the county will be cooperating. Subd. 3. [ELIGIBILITY.] Applicants must include a cooperative plan for the secure detention and treatment of juveniles among the applicant counties. The cooperative plan must identify the location of the facility. The facility must be located within 15 miles of a permanent chambers within the judicial district, as specified in section 2.722, or at the site of an existing county home facility, as authorized in section 260.094, or at the site of an existing detention home, as authorized in section 260.101. Subd. 4. [ALLOCATION FORMULA.] (a) The commissioner must determine the amount available for grants for counties in each judicial district under this subdivision. (b) Five percent of the money appropriated for these grants shall be allocated for the counties in each judicial district for a mileage distribution allowance in proportion to the percent each county's surface area comprises of the total surface area of the state. Ninety-five percent of the money appropriated for these grants shall be allocated for the counties in each judicial district using the formula in section 401.10. (c) The amount allocated for all counties within a judicial district shall be totaled to determine the amount available for a grant within that judicial district. Amounts attributable to a county which the commissioner has authorized to cooperate in a grant with a county or counties in an adjacent judicial district shall be reallocated to that judicial district. Subd. 5. [AWARD OF GRANT.] The commissioner shall determine the amount of the grant for each applicant. Prior to determining the amount of the grant, the commissioner must determine that a facility of the size proposed is needed in the proposed service area, and that the proposed facility meets the minimum standards and requirements established by the commissioner under section 241.0221, subdivision 4, paragraph (a). The commissioner may reduce the amount of the grant below the amount requested by the applicant if the commissioner determines that the facility could be constructed at lesser cost, or that a smaller facility is warranted. Grants shall be for up to 80 percent of the cost of the facility, but not to exceed the amount allocated for the counties in the judicial district under subdivision 4. The grant may only be used for capital expenditures to acquire, design, construct, renovate, equip, and furnish a secure juvenile detention and treatment facility. Subd. 6. [AGREEMENT.] Counties receiving grants must agree to provide the money needed to finance the nonstate share of the cost of construction of the facility, and if the grant is to a group of counties, the counties must specify how this cost is allocated among the counties in the group. Counties receiving grants must also agree that the county or group of counties will operate the facility according to the minimum standards and requirements established by the commissioner under section 241.0221, subdivision 4, paragraph (a). Counties and groups of counties receiving grants must also agree to make beds available to all other counties in the judicial district. All costs of operation of the facility must be paid by the county or counties receiving the grants, except that costs for juveniles placed in the facility may be billed to their county of residence by agreement among the counties or by law. Subd. 7. [BONDS FOR LOCAL SHARE.] Counties receiving a grant under this section may issue general obligation bonds under chapter 475 without an election to finance the nonstate share of the cost of the facility, and the indebtedness will not be included in the net debt limit of the county. Groups of counties receiving a grant may issue these bonds individually, or may agree that the bonds will be issued by a single county, with the full faith, credit, and taxing power of each of the counties in the group pledged for the repayment of the obligations. Subd. 8. [REALLOCATION OF UNUSED GRANT MONEY.] On December 31, 1996, the commissioner shall determine whether any money remains of the appropriations made in 1994 for the purposes of this section. If any money remains that has not been granted to counties, the commissioner shall invite counties to submit applications for capital improvements to acquire or better publicly owned secure juvenile detention facilities. The commissioner shall consider the needs of applicants for improvements at the facilities and shall make grants to counties whose needs, in the commissioner's judgment, are greatest. Sec. 50. Minnesota Statutes 1992, section 471.191, subdivision 1, is amended to read: Subdivision 1. Any city operating a program of public recreation and playgrounds pursuant to sections 471.15 to 471.19 may acquire or lease, equip, and maintain land, buildings, and other recreational facilities, including, but without limitation, outdoor or indoor swimming pools, skating rinks and arenas, athletic fields, golf courses, marinas, concert halls, museums, and facilities for other kinds of athletic or cultural participation, contests, and exhibitions, together with related automobile parking facilities as defined in section 459.14, and may expend funds for the operation of such program and borrow and expend funds for capital costs thereof pursuant to the provisions of this section. Any facilities to be operated by a nonprofit corporation, as contemplated in section 471.16, may be leased to the corporation upon such rentals and for such term, not exceeding 30 years, and subject to such other provisions as may be agreed; including but not limited to provisions (a) permitting the lessee, subject to whatever conditions are stated, to provide for the construction and equipment of the facilities by any means available to it and in the manner determined by it, without advertisement for bids as required for other municipal facilities, and (b) granting the lessee the option to renew the lease upon such conditions and rentals, or to purchase the facilities at such price, as may be agreed; provided that (c) any such lease shall require the lessee to pay net rentals sufficient to pay the principal, interest, redemption premiums, and other expenses when due with respect to all bonds issued for the acquisition or betterment of the facilities, less such amount of taxes and special assessments, if any, as may become payable in any year of the term of the lease, on the land, building, or other facilities leased, and (d) no option shall be granted to purchase the facilities at any time at a price less than the amount required to pay all principal and interest to become due on such bonds to the earliest date or dates on which they may be paid and redeemed, and all redemption premiums and other expenses of such payment and redemption. Sec. 51. Laws 1993, chapter 373, section 25, subdivision 5, is amended to read: Subd. 5. [DULUTH PORT DREDGING AND DEVELOPMENT.] With the mutual consent by July 1, 1993, of the commissioner of trade and economic development, the seaway port authority of Duluth, the U.S. Army Corps of Engineers, and any private parties who have pledged private investment to match the $6,100,000 appropriated in Laws 1989, chapter 300, article 1, section 19, item (a), to dredge the upper harbor area of Duluth harbor, the commissioner of finance shall reduce the appropriation to $2,000,000. The appropriation is available to the extent it is matched, dollar for dollar, by federal money. No private match is required. If the appropriation is reduced to $2,000,000, then $1,550,000 is reappropriated as provided in sections 12 and 13. The bond sale authorization in Laws 1989, chapter 300, article 1, section 23, subdivision 1, is reduced by $2,550,000. Upon the seaway port authority of Duluth and the U.S. Army Corps of Engineers advising the commissioner of trade and economic development that no further state of Minnesota funds will be required for the upper harbor cross-channel dredging project, and the consent of the seaway port authority of Duluth that upper river deepening will terminate at the Erie Pier site, the commissioner is authorized to disburse the balance of the funds remaining, up to $1,200,000, as a grant to the seaway port authority of Duluth for development of a down-river bulk cargo handling alternative to succeed and replace the upper river deepening project for bulk cargo whereby the seaway port authority of Duluth will demolish an existing abandoned grain elevator facility owned by the seaway port authority of Duluth and prepare the site for the handling, storage, care, and shipment of bulk cargo or other waterborne freight. Sec. 52. [PROGRAM FUNDING.] Recipients of grants from money appropriated in this act must demonstrate to the commissioner of the agency making the grant that the recipient has the ability and a plan to fund the program intended for the facility. Sec. 53. [INFORMATION TECHNOLOGY; SPACE UTILIZATION.] (a) This section applies to all appropriations in this act for new construction of state agency office space. The commissioner of administration must reduce the proposed square feet of office space in each project by 20 percent, and the appropriation for each project is reduced 20 percent. (b) An amount equal to half of the 20 percent appropriation reduction under paragraph (a) is appropriated to the commissioner of administration. This amount may be spent, as directed by the commissioner on: (1) information technology expenditures, such as expenditures necessary to facilitate increased telecommuting, that will reduce the need for office space while providing efficient and effective services to the public; and (2) improving citizen access to agencies in a manner such that citizens will not need to come to the agency office buildings. (c) Before approving an expenditure under paragraph (b), the commissioner must obtain a recommendation from the information policy office on the proposed expenditure. Sec. 54. [WINDOWS.] The state offices in any state building constructed with funds appropriated by this act must have windows that can be opened. Sec. 55. [RENT STUDY.] The commissioner of administration must report on rent billing to state agencies for the use of state facilities. The report must include: (1) the amount of rent billed; (2) a description of the way rent amounts are determined; (3) an explanation of the disposition of rent proceeds; (4) recommendations on ways that state agency rent billings can be used to fund capital asset preservation and repair needs in state facilities, replacing the program established in Minnesota Statutes, section 16A.632; and (5) other information which the commissioner deems relevant. The report must be submitted to the legislature by January 31, 1995. Sec. 56. [DEBT SERVICE.] The commissioner of finance must not assess post-secondary governing boards any portion of the debt service for general obligation bonds sold to finance capital improvement projects authorized in this act. Sec. 57. [INDEPENDENT SCHOOL DISTRICT NO. 518, WORTHINGTON.] Subdivision 1. [BOND AUTHORITY.] To provide funds for the construction of facilities to meet the educational and residential needs of adolescents attending the Lakeview school for whom independent school district No. 518, Worthington, has the responsibility of providing services, independent school district No. 518, Worthington, may, by two-thirds majority plus one vote of all the members of the school board, issue general obligation bonds in one or more series in calendar years 1994 and 1995 as provided in this section. The aggregate principal amount of any bonds issued under this section for calendar years 1994 and 1995 may not exceed $2,600,000. Issuance of the bonds is not subject to Minnesota Statutes, section 475.58 or 475.59. If the school board proposes to issue bonds under this section, it must publish a resolution describing the proposed bond issue once each week for two successive weeks in a legal newspaper published in the county of Nobles. The bonds may be issued without the submission of the question of their issue to the electors unless, within 30 days after the second publication of the resolution, a petition requesting an election signed by a number of people residing in the school district equal to ten percent of the people registered to vote in the last general election in the school district is filed with the recording officer. If a petition is filed, no bonds shall be issued under this section unless authorized by a majority of the electors voting on the question at the next general or special election called to decide the issue. The bonds must otherwise be issued as provided in Minnesota Statutes, chapter 475. The authority to issue bonds under this section is in addition to any bonding authority authorized by Minnesota Statutes, chapter 124, or other law. Subd. 2. [DEBT SERVICE.] Independent school district No. 518, Worthington, shall include the yearly debt service amounts in its required debt service levy under Minnesota Statutes, section 124.95, subdivision 1, for purposes of receiving debt service equalization aid. The district may add the portion of the debt service levy remaining after equalization aid is paid to the amount charged back to resident districts according to Minnesota Statutes, section 120.17, subdivision 6, or 120.181. If, for any reason, the receipt of payments from resident districts and debt service equalization aid attributable to this debt service is not sufficient to make the required debt service payments, the district may levy under subdivision 3. Subd. 3. [LEVY AUTHORITY.] To pay the principal of and interest on bonds issued under subdivision 1, independent school district No. 518, Worthington, shall levy a tax in an amount sufficient under Minnesota Statutes, section 475.61, subdivisions 1 and 3, to pay any portion of the principal of and interest on the bonds that is not paid through the receipt of debt service equalization aid and tuition payments under subdivision 2. The tax authorized under this section is an addition to the taxes authorized to be levied under Minnesota Statutes, chapter 124A or 275, or other law. Sec. 58. [REPORTS.] Subdivision 1. [LEASES OR MANAGEMENT CONTRACTS.] A public officer or agency that has entered into a lease or management contract with respect to state bond financed property on or after January 1, 1989, and before the effective date of this act shall file a report with the commissioner stating the purpose of the lease or contract, the name and nature of the lessee or contracting party, the terms of the lease or contract, and the use or disposition of any money received by the public officer or agency under the lease or contract. Subd. 2. [SALES.] A public officer or agency that has sold state bond financed property on or after January 1, 1989, and before the effective date of this act shall file a report with the commissioner stating the reason for sale, the method of sale, the purchaser, the sale price, and the use or disposition of the net sale proceeds. Sec. 59. [AGENCY LOCATION STUDY.] To enable the legislature to assess the administration's assertion that public agencies need to be located in close proximity to the state capitol, the commissioner of administration shall study the feasibility of developing a public agency corridor in St. Paul. The study shall include the area that runs from I94 south to east 7th place between Cedar and Jackson streets. The study shall include a comparison of the building costs and building restrictions in the designated area as compared to the immediate capitol area. In addition the study shall evaluate the issues of public and employee locational preferences, access to locations by the public using various forms of transportation, parking availability, interagency convenience in communications and the general overall impact the development would have on the city of St. Paul. The study shall be completed and a report made to the legislature by December 15, 1994. Sec. 60. [MUSEUMS IN ST. PAUL.] The city of St. Paul may establish and maintain one or more museums for purposes of public education and enlightenment, including but not limited to a museum of natural science and technology and a museum for children. The city may exercise the powers granted in Minnesota Statutes, section 471.191, to acquire and better facilities for a museum. Museum facilities that have been acquired or bettered in whole or in part with the proceeds of state bonds must be owned by the city but may be leased to or managed by a nonprofit organization to carry out the purposes of the museum program established by the city. The lease or management agreement must comply with the requirements of Minnesota Statutes, section 16A.695. Sec. 61. [EFFECTIVE DATE.] This act is effective the day after its final enactment." Delete the title and insert: "A bill for an act relating to public administration; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing issuance of bonds; authorizing assessments for debt service; reducing certain earlier project authorizations and appropriations; appropriating money, with certain conditions; amending Minnesota Statutes 1992, sections 16A.85, subdivision 1; 85.015, subdivision 4; 136.651; and 471.191, subdivision 1; Minnesota Statutes 1993 Supplement, sections 16B.335, by adding subdivisions; Laws 1993, chapter 373, sections 18; and 25, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 16A; 16B; 124C; 134; 135A; and 241." 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. Carruthers from the Committee on Rules and Legislative Administration to which was referred: H. F. No. 3230, A bill for an act proposing an amendment to the Minnesota Constitution; dedicating part of tax on vehicles to public transit; expanding transportation purposes for which highway user tax proceeds may be used by the metropolitan area; providing for annual inflation adjustments to motor fuel tax rate contingent on approval of constitutional dedication of motor fuel excise tax revenues; amending the Minnesota Constitution, article XI, by adding a section; and article XIV, section 5; amending Minnesota Statutes 1992, section 296.02, by adding a subdivision; repealing Minnesota Statutes 1992, section 297B.09. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 1992, section 296.02, is amended by adding a subdivision to read: Subd. 1c. [ANNUAL GASOLINE TAX RATE ADJUSTMENT.] Beginning in 1995 and annually thereafter, before April 1, 1995, and before April 1 of each following year, the commissioner of revenue shall adjust the rate of the gasoline excise tax. The new rate per gallon must be calculated as follows: (a) The new rate must be calculated by multiplying the rate in effect at the time of the calculation by an amount obtained under paragraph (b). The new rate must be rounded to the nearest 0.1 cent and is effective on April 1, 1995, and April 1 of each following year, and applies to gasoline and special fuel in distributor storage on the effective date. (b) For purposes of calculating the rate: (1) to be effective April 1, 1995, divide the annual average United States Consumer Price Index for all urban consumers, United States city average, as determined by the United States Department of Labor for the year 1994 by that annual average for the year 1989; or (2) to be effective April 1, 1996, and each following year, divide the annual average United States Consumer Price Index for all urban consumers, United States city average, as determined by the United States Department of Labor for the previous year by that annual average for the year before the previous year. (c) Beginning in 1996, and annually thereafter, the new rate proposed by this subdivision must not exceed the rate in effect the previous year by more than one cent. If the increase calculated in any year is greater than one cent, the amount in excess of one cent shall be added to the rate calculated in the following year. Sec. 2. [CONSTITUTIONAL AMENDMENT.] An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, a new article XI, section 15, will read: Sec. 15. Not less than 40 percent of the net proceeds of a tax levied on the purchase price of motor vehicles must be credited to a transit assistance fund to be used solely for assistance for public transit as defined by law. And article XIV, section 5, will read as follows: Sec. 5. There is hereby created a highway user tax distribution fund to be used solely for highway purposes, except as otherwise specified in this article. The fund consists of the proceeds of any taxes authorized by sections 9 and 10 of this article. The net proceeds of the taxes shall be apportioned: 62 percent to the trunk highway fund; 29 percent to the county state-aid highway fund; nine percent to the municipal state-aid street fund. Five percent of the net proceeds of the highway user tax distribution fund may be set aside and apportioned by law to one or more of the three foregoing funds. The balance of the highway user tax distribution fund shall be transferred to the trunk highway fund, the county state-aid highway fund, and the municipal state-aid street fund in accordance with the percentages set forth in this section. No change in the apportionment of the five percent may be made within six years of the last previous change. Notwithstanding sections 6, 7, and 8, highway user tax distribution fund moneys spent within the area included in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington as they exist at the time this provision is adopted, or any other metropolitan area as provided by law, may be used for any transportation purpose. Sec. 3. [SCHEDULE AND QUESTION.] The proposed amendment must be submitted to the people at the 1994 general election. If the amendment is adopted, its provision shall apply to taxes collected on motor vehicle purchases after June 30, 1995, and to highway user tax distribution fund moneys spent after June 30, 1995. The question submitted must be: "Shall the Minnesota Constitution be amended to dedicate to public transit needs not less than 40 percent of the revenues from the motor vehicle excise tax; and shall the portion of net proceeds of motor vehicle registration and fuel excise taxes spent in the seven-county Twin Cities metropolitan area, or any other metropolitan area as provided by law, be available for any transportation purpose? Yes ....... No ........"" Sec. 4. [REPEALER.] Minnesota Statutes 1992, section 297B.09, subdivision 1, is repealed. Sec. 5. [EFFECTIVE DATE.] Section 1 is effective April 1, 1995. However if the constitutional amendment proposed in section 2 is not ratified at the 1994 general election, section 1 shall not take effect." Amend the title as follows: Page 1, line 13, before the period, insert ", subdivision 1" With the recommendation that when so amended the bill pass. The report was adopted. SECOND READING OF HOUSE BILLS H. F. No. 3230 was read for the second time. Weaver and Wolf were excused for the remainder of today's session. Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed. RECESS RECONVENED The House reconvened and was called to order by the Speaker. SPECIAL ORDERS, Continued S. F. No. 1740 was reported to the House. MOTION TO LAY ON THE TABLE Kelley moved that S. F. No. 1740 be laid on the table. A roll call was requested and properly seconded. The question was taken on the Kelley motion and the roll was called. Carruthers moved that those not voting be excused from voting. The motion prevailed. There were 8 yeas and 104 nays as follows: Those who voted in the affirmative were: Brown, K. Clark Greenfield Greiling Kelley Neary Olson, K. Sekhon Those who voted in the negative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Carlson Commers Cooper Dauner Davids Dehler Delmont Dempsey Dorn Erhardt Evans Finseth Frerichs Garcia Girard Goodno Gruenes Gutknecht Hasskamp Haukoos Holsten Huntley Jacobs Jefferson Johnson, A. Johnson, R. Kahn Kelso Kinkel Klinzing Knickerbocker Knight Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Murphy Nelson Ness Olson, E. Olson, M. Onnen Opatz Orfield Osthoff Ostrom Ozment Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rodosovich Sarna Seagren Simoneau Skoglund Smith Stanius Steensma Sviggum Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Wejcman Wenzel Worke Workman Spk. Anderson, I. The motion did not prevail. CALL OF THE HOUSE LIFTED Peterson moved that the call of the House be dispensed with. The motion prevailed and it was so ordered. S. F. No. 1740, A bill for an act relating to local government; requiring the metropolitan council to study housing redevelopment and rehabilitation costs and benefits; requiring local governments in the seven-county metropolitan area to cooperate with the metropolitan council for purposes of the study. The bill was read for the third time and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 105 yeas and 20 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bertram Bishop Brown, C. Brown, K. Carlson Commers Cooper Dauner Davids Dehler Delmont Dempsey Dorn Erhardt Farrell Finseth Frerichs Garcia Girard Goodno Gruenes Gutknecht Hasskamp Haukoos Holsten Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kalis Kelso Kinkel Klinzing Knickerbocker Knight Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Lourey Luther Lynch Macklin Mahon McCollum Molnau Morrison Mosel Munger Murphy Nelson Ness Olson, E. Olson, M. Onnen Opatz Osthoff Ostrom Ozment Pawlenty Pelowski Perlt Peterson Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Smith Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Waltman Wenzel Winter Worke Workman Spk. Anderson, I. Those who voted in the negative were: Bergson Carruthers Clark Evans Greenfield Greiling Hausman Kahn Kelley Long McGuire Milbert Neary Olson, K. Orenstein Orfield Pugh Skoglund Wagenius Wejcman The bill was passed and its title agreed to. S. F. No. 2309 was reported to the House. Pugh moved that S. F. No. 2309 be continued on Special Orders. The motion prevailed. S. F. No. 1948 was reported to the House. Winter moved that S. F. No. 1948 be continued on Special Orders. The motion prevailed. S. F. No. 609 was reported to the House. Orfield moved that S. F. No. 609 be continued on Special Orders. The motion prevailed. S. F. No. 2072, A bill for an act relating to commerce; agriculture; adding labeling requirements for salvaged food; adding licensing and permit requirements for salvaged food distributors; adding record keeping requirements; requiring salvaged food served for compensation to be identified; providing for labeling of Canadian wild rice; appropriating money; amending Minnesota Statutes 1992, sections 30.49, subdivision 2; and 31.495, subdivisions 1, 2, and 5, and by adding subdivisions. The bill was read for the third time and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 119 yeas and 8 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Greenfield Greiling Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Krueger Lasley Leppik Lieder Limmer Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Wejcman Wenzel Winter Worke Workman Spk. Anderson, I. Those who voted in the negative were: Dehler Goodno Gruenes Knickerbocker Knight Krinkie Lindner Olson, M. The bill was passed and its title agreed to. H. F. No. 3100, A resolution memorializing the President and Congress to maintain funding for the low-income home energy assistance program and to continue its operation in Minnesota. The bill was read for the third time and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 123 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kinkel Klinzing Knickerbocker Knight Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orfield Ostrom Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vickerman Wagenius Waltman Wejcman Wenzel Winter Worke Workman Spk. Anderson, I. The bill was passed and its title agreed to. H. F. No. 2775, A bill for an act relating to motor vehicles; requiring a study of motor vehicle registration at emissions inspection stations; authorizing issuance of youth charter carrier permits; amending Minnesota Statutes 1992, sections 221.011, by adding a subdivision; and 221.121, by adding a subdivision; Minnesota Statutes 1993 Supplement, section 221.111. The bill was read for the third time and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 67 yeas and 55 nays as follows: Those who voted in the affirmative were: Abrams Asch Battaglia Bauerly Bergson Bertram Carruthers Dauner Davids Erhardt Evans Finseth Greiling Hasskamp Hausman Holsten Huntley Jacobs Jaros Jefferson Johnson, R. Johnson, V. Kahn Kalis Kelley Kinkel Knickerbocker Krinkie Krueger Leppik Limmer Lindner Long Lourey Luther Lynch Mahon Mariani McCollum McGuire Milbert Morrison Munger Neary Nelson Olson, K. Orfield Pawlenty Perlt Pugh Rhodes Rice Rukavina Seagren Sekhon Simoneau Smith Steensma Swenson Tomassoni Tompkins Trimble Van Dellen Wagenius Wejcman Worke Workman Those who voted in the negative were: Anderson, R. Beard Brown, C. Brown, K. Carlson Clark Commers Cooper Dawkins Dehler Delmont Dempsey Dorn Farrell Frerichs Garcia Girard Goodno Gruenes Gutknecht Haukoos Hugoson Johnson, A. Klinzing Knight Lasley Lieder Molnau Mosel Murphy Ness Olson, E. Olson, M. Onnen Opatz Orenstein Osthoff Ostrom Ozment Pelowski Peterson Reding Rest Rodosovich Sarna Solberg Stanius Sviggum Tunheim Van Engen Vickerman Waltman Wenzel Winter Spk. Anderson, I. The bill was not passed. S. F. No. 309 was reported to the House. Trimble moved that S. F. No. 309 be continued on Special Orders. The motion prevailed. S. F. No. 2540 was reported to the House. Jacobs moved that S. F. No. 2540 be temporarily laid over on Special Orders. The motion prevailed. S. F. No. 2690, A bill for an act relating to insurance; township mutual fire insurance; allowing companies to issue policies in combination with the policies of other insurers; proposing coding for new law in Minnesota Statutes, chapter 67A. The bill was read for the third time and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Morrison Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Wejcman Wenzel Winter Workman Spk. Anderson, I. The bill was passed and its title agreed to. S. F. No. 2540 which was temporarily laid over earlier today on Special Orders was again reported to the House. Brown, C.; Cooper and Dauner moved to amend S. F. No. 2540 as follows: Page 3, after line 17, insert: Sec. 6. Minnesota Statutes 1992, section 403.02, is amended by adding a subdivision to read: Subd. 9. [ENHANCED 911 SERVICE.] "Enhanced 911 Service" means the use of selective routing, automatic location identification, or local location identification as part of local 911 service. Sec. 7. Minnesota Statutes 1992, section 403.11, subdivision 1, is amended to read: Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each customer of a local exchange telephone company or communications carrier that provides service capable of originating a 911 emergency telephone call is assessed a fee to cover the costs of ongoing maintenance and related improvements for trunking and central office switching equipment for minimum 911 emergency telephone service, plus administrative and staffing costs of the department of administration related to managing the 911 emergency telephone service program. Recurring charges by a public utility providing telephone service for updating the information required by section 403.07, subdivision 3, must be paid by the commissioner for information if the utility is included in an approved 911 plan and the charges have been certified and approved under subdivision 3. (b) The fee may not be less than eight cents nor more than 30 cents a month for each customer access line or other basic access service, including trunk equivalents as designated by the public utilities commission for access charge purposes and including cellular and other nonwire access services. The fee must be the same for all customers. (c) The fee must be collected by each utility providing local exchange telephone service company or carrier providing service subject to the fee. Fees are payable to and must be submitted to the commissioner of administration monthly before the 25th of each month following the month of collection, except that fees may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a month is due. Receipts must be deposited in the state treasury and credited to a 911 emergency telephone service account in the special revenue fund. The money in the account may only be used for 911 telephone services as provided in paragraph (a). (d) The commissioner of administration, with the approval of the commissioner of finance, shall establish the amount of the fee within the limits specified and inform the utilities companies and carriers of the amount to be collected. Utilities Companies and carriers must be given a minimum of 45 days notice of fee changes. (e) This subdivision does not apply to customers of a telecommunications carrier as defined in section 237.01, subdivision 6. Sec. 8. Minnesota Statutes 1992, section 403.11, subdivision 4, is amended to read: Subd. 4. [LOCAL RECURRING COSTS.] Recurring costs of telephone communications equipment and services at public safety answering points shall be borne by the local governmental unit operating the public safety answering point or allocated pursuant to section 403.10, subdivision 3. Costs attributable to local government electives for services beyond minimum 911 service not otherwise addressed under section 403.113 shall be borne by the governmental unit requesting the elective service. Sec. 9. [403.113] [ENHANCED 911 SERVICE COSTS.] Subdivision 1. [ENHANCED 911 SERVICE FEE.] (a) In addition to the actual fee assessed under section 403.11, each customer receiving local telephone service, excluding cellular or other nonwire service, is assessed a fee to fund implementation and maintenance of enhanced 911 service, including acquisition of necessary equipment and the costs of the department of administration to administer the program. The actual fee assessed under section 403.11 and the enhanced 911 service fee must be collected as one amount and may not exceed the amount specified in section 403.11, subdivision 1, paragraph (b). (b) The enhanced 911 service fee must be collected and deposited in the same manner as the fee in section 403.11 and used solely for the purposes of paragraph (a) and subdivision 3. (c) The commissioner of the department of administration, in consultation with counties and 911 system users, shall determine the amount of the enhanced 911 service fee and inform telephone companies of the total amount of the 911 service fees in the same manner as provided in section 403.11. Subd. 2. [ENHANCED 911 SERVICE; DISTRIBUTION OF MONEY.] (a) After payment of the costs of the department of administration to administer the program, the commissioner shall distribute the money collected under this section as follows: (1) one-half of the amount equally to all qualified counties; and (2) the remaining one-half to qualified counties and cities with existing 911 systems based on each county's or city's percentage of the total population of qualified counties and cities. The population of a qualified city with an existing system must be deducted from its county's population when calculating the county's share under this clause if the city seeks direct distribution of its share. (b) A county's share under subdivision 1 must be shared pro rata between the county and existing city systems in the county. A county or city shall deposit money received under this subdivision in an interest-bearing fund or account separate from the county's or city's general fund and may use money in the fund or account only for the purposes specified in subdivision 3. (c) For the purposes of this subdivision, a county or city is qualified to share in the distribution of money for enhanced 911 service if the county auditor certifies to the commissioner of administration the amount of the county's or city's levy for the cost of providing enhanced 911 service for taxes payable in the year in which money for enhanced 911 service will be distributed. The commissioner may not distribute money to a county or city in an amount greater than twice the amount of the county's or city's certified levy. A county or city is not qualified to share in the distribution of money for enhanced 911 service if, in addition to the levy required under this paragraph, it has not implemented enhanced 911 service before December 31, 1998. (d) For the purposes of this subdivision, "existing city system" means a city 911 system that provides at least basic 911 service and that was implemented on or before April 1, 1993. Subd. 3. [LOCAL EXPENDITURES.] (a) Money distributed to counties or an existing city system for enhanced 911 service may be spent on enhanced 911 system costs for the purposes stated in subdivision 1, paragraph (a). In addition, money may be spent to lease, purchase, lease-purchase, or maintain enhanced 911 equipment, including telephone equipment; recording equipment; computer hardware; computer software for data base provisioning, addressing, mapping, and any other software necessary for automatic location identification or local location identification; trunk lines; selective routing equipment; the master street address guide; dispatcher public safety answering point equipment proficiency and operational skills; and the equipment necessary within the public safety answering point to notify and communicate with the emergency services requested by the 911 caller. (b) Money distributed for enhanced 911 service may not be spent on: (1) purchasing or leasing of real estate or cosmetic additions to or remodeling of communications centers; (2) mobile communications vehicles, fire engines, ambulances, law enforcement vehicles, or other emergency vehicles; (3) signs, posts, or other markers related to addressing or any costs associated with the installation or maintenance of signs, posts, or markers. Subd. 4. [AUDITS.] Each county and city shall conduct an annual audit on the use of funds distributed to it for enhanced 911 service. A copy of each audit report must be submitted to the commissioner of administration. Subd. 5. [FEE REVIEW.] By January 1, 1999, the commissioner of administration, in consultation with counties and 911 service users, shall review funding requirements for enhanced 911 system costs." Page 3, line 18, delete "6" and insert "10" Amend the title accordingly The motion prevailed and the amendment was adopted. S. F. No. 2540, A bill for an act relating to energy; classifying and requiring information on applications for the municipal energy conservation investment loan program; amending Minnesota Statutes 1992, sections 13.99, by adding a subdivision; 216C.37, subdivision 3, and by adding subdivisions; Minnesota Statutes 1993 Supplement, section 216C.37, subdivision 1; repealing Minnesota Statutes 1992, section 216C.37, subdivision 8. The bill was read for the third time, as amended, and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 115 yeas and 12 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Gruenes Gutknecht Hasskamp Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kalis Kelley Kelso Kinkel Klinzing Knight Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Molnau Morrison Mosel Munger Murphy Nelson Ness Olson, E. Olson, K. Olson, M. Opatz Orenstein Orfield Ostrom Ozment Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Wejcman Wenzel Winter Workman Spk. Anderson, I. Those who voted in the negative were: Bergson Dehler Greiling Haukoos Hausman Holsten Knickerbocker Krinkie Milbert Neary Onnen Osthoff The bill was passed, as amended, and its title agreed to. S. F. No. 2498 was reported to the House. Johnson, R.; Reding; Knickerbocker and Holsten moved to amend S. F. No. 2498 as follows: Page 15, after line 32, insert: "Sec. 12. [STUDY OF IMPLICATIONS OF EMPLOYER MATCHING CONTRIBUTIONS TO SECTION 403(b) PLANS.] The legislative commission on pensions and retirement shall study whether pension provisions of federal tax laws apply to employer matching contributions to tax sheltered annuity contracts qualified under section 403(b) of the federal Internal Revenue Code, as permitted under Minnesota Statutes 1993 Supplement, section 356.24. The commission shall report the results of the study and any proposed legislation to the chairs of the committee on government operations and gaming and the committee on ways and means of the house of representatives and the committee on government operations and reform and the committee on finance of the senate by January 15, 1995." Renumber the sections in sequence Correct internal crossreferences Amend the title accordingly The motion prevailed and the amendment was adopted. Morrison was excused for the remainder of today's session. S. F. No. 2498, A bill for an act relating to retirement; offering options of coverage for employees of the higher education board upon merger of the state university system, community college board, and technical college board; amending Minnesota Statutes 1992, sections 136E.04, by adding a subdivision; 354.66, subdivision 2; 354B.07, subdivision 1; and 354B.08; Minnesota Statutes 1993 Supplement, sections 352.01, subdivision 2b; 353.01, subdivision 2a; 354B.02, subdivision 3c; and 354B.05, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 136C; and 136E. The bill was read for the third time, as amended, and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 0 nays as follows: Those who voted in the affirmative were: Abrams Anderson, R. Asch Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Commers Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Erhardt Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Hugoson Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Knickerbocker Knight Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon Mariani McCollum McGuire Milbert Molnau Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Smith Solberg Stanius Steensma Sviggum Swenson Tomassoni Tompkins Trimble Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Wejcman Wenzel Winter Workman Spk. Anderson, I. The bill was passed, as amended, and its title agreed to. Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed. RECESS RECONVENED The House reconvened and was called to order by the Speaker. CONSIDERATION UNDER RULE 1.10 Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2168. S. F. No. 2168 was reported to the House. SUSPENSION OF RULES Abrams moved that rule 5.10 be suspended during the debate on S. F. No. 2168. The motion prevailed. Wenzel moved to amend S. F. No. 2168, the unofficial engrossment, as follows: Page 15, line 8, delete "and rules of" Page 16, line 9, delete "the department of agriculture" The motion prevailed and the amendment was adopted. Olson, K.; Frerichs; Winter; Olson, E.; Kalis; Mosel; Bertram; Steensma and moves to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Page 16, after line 14, insert: "Sec. 4. [APPROPRIATION.] There is appropriated from the general fund $420,000 for fiscal year 1994 and $640,000 for fiscal year 1995 to the state board of technical colleges for the farm and small business management programs for tuition buy-down, emergency staff, equipment upgrades, and teleconferences for farmers and small business operators in the 53 Minnesota flood damage counties federally certified in 1993." Renumber the sections in sequence Correct internal references Amend the title accordingly The question was taken on the Olson, K., et al amendment and the roll was called. There were 49 yeas and 72 nays as follows: Those who voted in the affirmative were: Asch Bertram Brown, C. Brown, K. Commers Cooper Davids Dehler Dempsey Dorn Evans Finseth Frerichs Garcia Girard Gutknecht Hugoson Jefferson Kalis Kelso McCollum Milbert Molnau Murphy Olson, E. Olson, K. Olson, M. Onnen Ostrom Ozment Pawlenty Peterson Rice Rukavina Simoneau Skoglund Smith Steensma Sviggum Tunheim Van Dellen Van Engen Vellenga Vickerman Wagenius Waltman Wejcman Worke Workman Those who voted in the negative were: Abrams Anderson, R. Battaglia Bauerly Beard Bergson Carlson Carruthers Dauner Delmont Erhardt Farrell Goodno Greenfield Greiling Gruenes Hasskamp Haukoos Holsten Huntley Jacobs Jaros Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kelley Kinkel Klinzing Knight Krinkie Krueger Lasley Leppik Lieder Limmer Lindner Long Lourey Luther Lynch Macklin Mahon McGuire Mosel Munger Neary Nelson Ness Opatz Orenstein Orfield Pelowski Perlt Pugh Reding Rest Rhodes Rodosovich Sarna Seagren Sekhon Solberg Stanius Swenson Tomassoni Tompkins Trimble Wenzel Winter Spk. Anderson, I. The motion did not prevail and the amendment was not adopted. Tunheim moved to amend S. F. No. 2168, unofficial engrossment, as amended, as follows: Page 15, after line 23, insert: "ARTICLE 9 SALE OF STOCK IN COOPERATIVES Section 1. Minnesota Statutes 1993 Supplement, section 80A.15, subdivision 2, is amended to read: Subd. 2. The following transactions are exempted from sections 80A.08 and 80A.16: (a) Any sales, whether or not effected through a broker-dealer, provided that no person shall make more than ten sales of securities of the same issuer pursuant to this exemption during any period of 12 consecutive months; provided further, that in the case of sales by an issuer, except sales of securities registered under the Securities Act of 1933 or exempted by section 3(b) of that act, (1) the seller reasonably believes that all buyers are purchasing for investment, and (2) the securities are not advertised for sale to the general public in newspapers or other publications of general circulation or otherwise, or by radio, television, electronic means or similar communications media, or through a program of general solicitation by means of mail or telephone. (b) Any nonissuer distribution of an outstanding security if (1) either Moody's, Fitch's, or Standard & Poor's Securities Manuals, or other recognized manuals approved by the commissioner contains the names of the issuer's officers and directors, a balance sheet of the issuer as of a date not more than 18 months prior to the date of the sale, and a profit and loss statement for the fiscal year preceding the date of the balance sheet, and (2) the issuer or its predecessor has been in active, continuous business operation for the five-year period next preceding the date of sale, and (3) if the security has a fixed maturity or fixed interest or dividend provision, the issuer has not, within the three preceding fiscal years, defaulted in payment of principal, interest, or dividends on the securities. (c) The execution of any orders by a licensed broker-dealer for the purchase or sale of any security, pursuant to an unsolicited offer to purchase or sell; provided that the broker-dealer acts as agent for the purchaser or seller, and has no direct material interest in the sale or distribution of the security, receives no commission, profit, or other compensation from any source other than the purchaser and seller and delivers to the purchaser and seller written confirmation of the transaction which clearly itemizes the commission, or other compensation. (d) Any nonissuer sale of notes or bonds secured by a mortgage lien if the entire mortgage, together with all notes or bonds secured thereby, is sold to a single purchaser at a single sale. (e) Any judicial sale, exchange, or issuance of securities made pursuant to an order of a court of competent jurisdiction. (f) The sale, by a pledge holder, of a security pledged in good faith as collateral for a bona fide debt. (g) Any offer or sale to a bank, savings institution, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, pension or profit sharing trust, or other financial institution or institutional buyer, or to a broker-dealer, whether the purchaser is acting for itself or in some fiduciary capacity. (h) Any sales by an issuer to the number of persons that shall not exceed 25 persons in this state, or 35 persons if the sales are made in compliance with Regulation D promulgated by the Securities and Exchange Commission, Code of Federal Regulations, title 17, sections 230.501 to 230.506, (other than those designated in paragraph (a) or (g)), whether or not any of the purchasers is then present in this state, if (1) the issuer reasonably believes that all of the buyers in this state (other than those designated in clause (g)) are purchasing for investment, and (2) no commission or other remuneration is paid or given directly or indirectly for soliciting any prospective buyer in this state (other than those designated in clause (g)), except reasonable and customary commissions paid by the issuer to a broker-dealer licensed under this chapter, and (3) the issuer has, ten days prior to any sale pursuant to this paragraph, supplied the commissioner with a statement of issuer on forms prescribed by the commissioner, containing the following information: (i) the name and address of the issuer, and the date and state of its organization; (ii) the number of units, price per unit, and a description of the securities to be sold; (iii) the amount of commissions to be paid and the persons to whom they will be paid; (iv) the names of all officers, directors and persons owning five percent or more of the equity of the issuer; (v) a brief description of the intended use of proceeds; (vi) a description of all sales of securities made by the issuer within the six-month period next preceding the date of filing; and (vii) a copy of the investment letter, if any, intended to be used in connection with any sale. Sales that are made more than six months before the start of an offering made pursuant to this exemption or are made more than six months after completion of an offering made pursuant to this exemption will not be considered part of the offering, so long as during those six-month periods there are no sales of unregistered securities (other than those made pursuant to paragraph (a) or (g)) by or for the issuer that are of the same or similar class as those sold under this exemption. The commissioner may by rule or order as to any security or transaction or any type of security or transaction, withdraw or further condition this exemption, or increase the number of offers and sales permitted, or waive the conditions in clause (1), (2), or (3) with or without the substitution of a limitation or remuneration. (i) Any offer (but not a sale) of a security for which a registration statement has been filed under sections 80A.01 to 80A.31, if no stop order or refusal order is in effect and no public proceeding or examination looking toward an order is pending; and any offer of a security if the sale of the security is or would be exempt under this section. The commissioner may by rule exempt offers (but not sales) of securities for which a registration statement has been filed as the commissioner deems appropriate, consistent with the purposes of sections 80A.01 to 80A.31. (j) The offer and sale by a cooperative association organized under chapter 308A or under the laws of another state, of its securities when the securities are offered and sold only to its members, or when the purchase of the securities is necessary or incidental to establishing membership in such association the cooperative, or when such securities are issued as patronage dividends. This paragraph applies to a cooperative organized under the laws of another state only if the cooperative has filed with the commissioner a consent to service of process under section 80A.27, subdivision 7, and has, not less than ten days prior to the issuance or delivery, furnished the commissioner with a written general description of the transaction and any other information that the commissioner requires by rule or otherwise. (l) The issuance and delivery of any securities of one corporation to another corporation or its security holders in connection with a merger, exchange of shares, or transfer of assets whereby the approval of stockholders of the other corporation is required to be obtained, provided, that the commissioner has been furnished with a general description of the transaction and with other information as the commissioner by rule prescribes not less than ten days prior to the issuance and delivery. (m) Any transaction between the issuer or other person on whose behalf the offering is made and an underwriter or among underwriters. (n) The distribution by a corporation of its or other securities to its own security holders as a stock dividend or as a dividend from earnings or surplus or as a liquidating distribution; or upon conversion of an outstanding convertible security; or pursuant to a stock split or reverse stock split. (o) Any offer or sale of securities by an affiliate of the issuer thereof if: (1) a registration statement is in effect with respect to securities of the same class of the issuer and (2) the offer or sale has been exempted from registration by rule or order of the commissioner. (p) Any transaction pursuant to an offer to existing security holders of the issuer, including persons who at the time of the transaction are holders of convertible securities, nontransferable warrants, or transferable warrants exercisable within not more than 90 days of their issuance, if: (1) no commission or other remuneration (other than a standby commission) is paid or given directly or indirectly for soliciting any security holder in this state; and (2) the commissioner has been furnished with a general description of the transaction and with other information as the commissioner may by rule prescribe no less than ten days prior to the transaction. (q) Any nonissuer sales of any security, including a revenue obligation, issued by the state of Minnesota or any of its political or governmental subdivisions, municipalities, governmental agencies, or instrumentalities. Sec. 2. [EFFECTIVE DATE.] Section 1 is effective the day following final enactment." Page 15, line 24, delete "9" and insert "10" Correct internal cross references Amend the title accordingly The motion prevailed and the amendment was adopted. Cooper moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Page 14, line 26, after the period, insert "The task force shall also examine the issue of responsibility for potential pollution damage." The motion prevailed and the amendment was adopted. Tomassoni moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Page 17, after line 17, insert: "ARTICLE 10 AQUACULTURE Section 1. [17.4999] [STORAGE, HANDLING, AND DISPOSAL OF FISH MANURE.] Fish manure from aquatic farm operations is subject to the same requirements under state law and rules as other animal manures, including land application of manures. Sec. 2. Minnesota Statutes 1992, section 180.03, is amended by adding a subdivision to read: Subd. 5. Upon written notice to the county mine inspector, a person, firm, or corporation that is actively and exclusively engaged in the business of cold water aquaculture shall be exempt from the requirements of subdivision 3. The exemption shall only apply to those portions of idle or abandoned open pit mines that are actively being used for aquaculture operations and that are owned by the person, firm, or corporation. A landowner exempted assumes all responsibility for inspection and safety measures pertaining to the affected parcels of land and the county mine inspector is relieved of inspection requirements. The notice provided to the county mine inspector pursuant to this subdivision shall be annual and shall be filed with the county mine inspector's office by January 15 of each year. The notice shall describe the affected parcels of land and shall provide a sworn affidavit by the landowner that the subject property will be actively and exclusively used for aquaculture purposes during the calendar year. Failure to comply with the notice requirement of this subdivision makes the idle or abandoned open pit mines subject to the provisions of subdivision 3. Sec. 3. [EFFECTIVE DATE.] Section 1 is effective the day following final enactment and applies to licensed aquatic farms in operation on or after that date." Amend the title accordingly The motion prevailed and the amendment was adopted. Goodno, Winter and Steensma moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Page 3, delete lines 32 to 34, and insert: "(a) The small business suffered significant losses during 1993 from a natural disaster and the small business faces economic stress without the assistance of the small business loan interest buy-down program. A determination of significant loss and economic stress by a lender is deemed reasonable and accurate without further audit or substantiation." The motion prevailed and the amendment was adopted. Mosel and Peterson moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Page 17, after line 17, insert: "ARTICLE 10 Section 1. Minnesota Statutes 1993 Supplement, section 41B.044, subdivision 2, is amended to read: Subd. 2. [ETHANOL DEVELOPMENT FUND.] There is established in the state treasury an ethanol development fund. All repayments of financial assistance granted under subdivision 1, including principal and interest, must be deposited into this fund. Interest earned on money in the fund accrues to the fund, and money in the fund is appropriated to the commissioner of agriculture for purposes of the ethanol production facility loan program, including costs incurred by the authority to establish and administer the program. Sec 2. Laws 1993, chapter 172, section 7, subdivision 3, is amended to read: Subd. 3. Promotion and Marketing 2,142,000 1,142,000 Summary by Fund General 1,959,000 959,000 Special Revenue 183,000 183,000 Notwithstanding Minnesota Statutes, section 41A.09, subdivision 3, the total payments from the ethanol development account to all producers may not exceed $15,800,000 for the biennium ending June 30, 1995. In fiscal year 1994, the commissioner shall first reimburse producers up to $981,024 for eligible, unpaid claims accumulated through June 30, 1993. $1,000,000 is appropriated to the ethanol development fund established in Minnesota Statutes, section 41B.044, subdision 2, in 1994 for use by the rural finance authority for purposes of assisting in the finance of ethanol production facilities in Minnesota. Any amount of this appropriation that remains unencumbered at the end of any biennium does not revert to the general fund but remains available as a revolving account. $100,000 the first year and $100,000 the second year are for ethanol promotion and public education. $100,000 the first year and $100,000 the second year must be spent for the WIC coupon program. $45,000 is appropriated in each year for a project to expand agriculture opportunities for the Hmong and other Southeast Asian farmers by expansion of the existing market base and to target new wholesale and retail markets. The money may also be used to expand the wholesale and retail market for other groups involved in direct marketing efforts such as alternative meat and food products. The department must report on the project to the finance committees by January 15, 1995. $71,000 the first year and $71,000 the second year are for transfer to the Minnesota grown matching account and may be used as grants for Minnesota grown promotion under Minnesota Statutes, section 17.109. $183,000 the first year and $183,000 the second year are from the commodities research and promotion account in the special revenue fund. Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective retroactive to July 1, 1993." The motion prevailed and the amendment was adopted. Olson, K., moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Page 15, after line 23, insert: "ARTICLE 9 INSPECTION OF AGRICULTURAL OPERATIONS Section 1. [17.139] [MEMORANDUM OF AGREEMENT AMONG STATE AGENCIES ON INSPECTIONS OF AGRICULTURAL OPERATIONS.] The commissioner shall develop memorandums of agreement among all state and federal agencies that have authority to inspect property in agricultural use, as defined in section 17.81, subdivision 4, to ensure that reasonable and effective protocols are followed when inspecting sites in agricultural use. The memorandum shall specify procedures that address, but are not limited to, the following: (1) when appropriate, advance notice to the agricultural use landowner or operator; (2) procedures for notification of the inspection results or conclusions to the owner or operator; and (3) special procedures as might be necessary, such as to prevent the introduction of diseases." Page 15, line 24, delete "9" and insert "10" Correct internal references Amend the title accordingly The motion prevailed and the amendment was adopted. Johnson, V., moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Page 15, after line 23, insert: "ARTICLE 9 PROMOTION OF NONTRADITIONAL AGRICULTURE Section 1. Minnesota Statutes 1992, section 17.03, is amended by adding a subdivision to read: Subd. 7a. [NONTRADITIONAL AGRICULTURE; PROMOTION.] (a) The commissioner shall devise means of advancing the production and marketing of nontraditional agricultural products of the state. The commissioner shall also seek the cooperation and involvement of every department or agency of the state, and such public and nonpublic organizations as the commissioner deems appropriate, for the promotion of nontraditional agricultural products. (b) The production and marketing of nontraditional agricultural products are considered agricultural pursuits. (c) Except as otherwise provided in law, the commissioner may adopt appropriate rules concerning health standards for nontraditional agriculture. (d) Except as otherwise provided in law, the slaughter of all meat producing animals, fowl, or fish that are nontraditional agriculture intended for sale in commercial outlets must occur at an inspected slaughterhouse. (e) Except as otherwise provided in law, it is the responsibility of an owner to take all reasonable actions to maintain the nontraditional agriculture on property owned or leased by the owner, including the construction of fences, enclosures, or other barriers, and housing of a suitable design. (f) For purposes of this subdivision "nontraditional agriculture" and "nontraditional agricultural products" includes but is not limited to aquaculture as defined in section 17.47, subdivision 2, and the production of animals domesticated from wild stock, either native or nonnative, that are kept in confinement by the owner." Page 15, line 24, delete "9" and insert "10" Renumber the sections in sequence Correct internal references Amend the title accordingly The motion prevailed and the amendment was adopted. Sviggum moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 1993 Supplement, section 41B.044, subdivision 2, is amended to read: Subd. 2. [ETHANOL DEVELOPMENT FUND.] There is established in the state treasury an ethanol development fund. All repayments of financial assistance granted under subdivision 1, including principal and interest, must be deposited into this fund. Interest earned on money in the fund accrues to the fund, and money in the fund is appropriated to the commissioner of agriculture for purposes of the ethanol production facility loan program, including costs incurred by the authority to establish and administer the program. Sec. 2. Minnesota Statutes 1992, section 297A.02, subdivision 2, is amended to read: Subd. 2. [MACHINERY AND EQUIPMENT.] Notwithstanding the provisions of subdivision 1, the rate of the excise tax imposed upon sales of special tooling is four percent and upon sales of new farm machinery and sales of aquaculture production equipment is two percent. Sec. 3. Minnesota Statutes 1992, section 297A.25, is amended by adding a subdivision to read: Subd. 53. [FARM MACHINERY.] The gross receipts from the sale of used farm machinery are exempt. Sec. 4. Laws 1993, chapter 172, section 7, subdivision 3, is amended to read: Subd. 3. Promotion and Marketing 2,142,000 1,142,000 Summary by Fund General 1,959,000 959,000 Special Revenue 183,000 183,000 Notwithstanding Minnesota Statutes, section 41A.09, subdivision 3, the total payments from the ethanol development account to all producers may not exceed $15,800,000 for the biennium ending June 30, 1995. In fiscal year 1994, the commissioner shall first reimburse producers up to $981,024 for eligible, unpaid claims accumulated through June 30, 1993. $1,000,000 is appropriated to the ethanol development fund established in Minnesota Statutes, section 41B.044, subdivision 2, in 1994 for use by the rural finance authority for purposes of assisting in the finance of ethanol production facilities in Minnesota. Any amount of this appropriation that remains unencumbered at the end of any biennium does not revert to the general fund but remains available as a revolving account. $100,000 the first year and $100,000 the second year are for ethanol promotion and public education. $100,000 the first year and $100,000 the second year must be spent for the WIC coupon program. $45,000 is appropriated in each year for a project to expand agriculture opportunities for the Hmong and other Southeast Asian farmers by expansion of the existing market base and to target new wholesale and retail markets. The money may also be used to expand the wholesale and retail market for other groups involved in direct marketing efforts such as alternative meat and food products. The department must report on the project to the finance committees by January 15, 1995. $71,000 the first year and $71,000 the second year are for transfer to the Minnesota grown matching account and may be used as grants for Minnesota grown promotion under Minnesota Statutes, section 17.109. $183,000 the first year and $183,000 the second year are from the commodities research and promotion account in the special revenue fund. Sec. 5. [FEDERAL EMERGENCY MANAGEMENT ASSISTANCE MATCH.] $3,908,000 is appropriated from the general fund to the commissioner of public safety to provide matching funds for federal emergency management assistance funds received in flood damaged counties in 1993. Sec. 6. [TRANSFER; GRAIN INSPECTION ACCOUNT.] $200,000 is appropriated from the general fund for transfer to the grain inspection and weighing account established under Minnesota Statutes, section 17B.15, subdivision 1. Sec. 7. [APPROPRIATION; WHEAT SCAB RESEARCH.] $592,000 is appropriated from the general fund to the University of Minnesota for the fiscal biennium ending June 30, 1995, for research into the problem of wheat scab (vomitoxin) in Minnesota. The research should be designed to minimize the adverse effects of future wheat scab infestations in the short term while seeking to fully eliminate the problem in the long term. Sec. 8. [APPROPRIATION; FARM ADVOCATES.] $100,000 is appropriated from the general fund to the commissioner of agriculture to supplement other sources of funding for the farm advocates program. This appropriation is available until June 30, 1995. Sec. 9. [APPROPRIATION; AGRICULTURAL RESOURCE CENTERS.] (a) $100,000 is appropriated from the general fund to the commissioner of agriculture for supplemental funding for grants to agricultural information centers. No match is needed for the release of these supplemental state dollars. This appropriation is available until June 30, 1995. (b) For money appropriated in Laws 1993, chapter 172, section 7, subdivision 4, for agricultural information centers, a match is not required for fiscal year 1994 appropriations and a match of four state dollars for each $1 of matching nonstate money is required for fiscal year 1995 appropriations. Sec. 10. [APPROPRIATION; LEGAL ASSISTANCE TO FARMERS.] $200,000 is appropriated from the general fund to the supreme court as supplemental funding for legal assistance to farmers in accordance with Minnesota Statutes, section 480.242, subdivision 5. This appropriation is available until June 30, 1995. This appropriation shall be in addition to other appropriations received for legal assistance. An entity receiving funding under this section may not have other sources of state funding reduced based on the funding received. Sec. 11. [APPROPRIATION; FARM FINANCIAL ASSISTANCE; STATE BOARD OF TECHNICAL COLLEGES.] (a) $285,000 is appropriated from the general fund to the state board of technical colleges for farm and small business management programs using the FINPAK computer software program and other training and assistance to provide financial information to farmers affected by the weather conditions in 1993 to be used as follows: (1) $20,000 for teleconferencing to provide information to farm and small business operators from federal and state agencies; and (2) $265,000 for support, assistance, and travel expenses for educators to target emergency assistance to persons in counties affected by the weather conditions in 1993. (b) The board must coordinate the delivery of services with Minnesota extension to ensure broad coverage of the state for areas affected by the weather conditions in 1993. This appropriation is available until June 30, 1995. Sec. 12. [APPROPRIATION; FARM FINANCIAL ASSISTANCE; MINNESOTA EXTENSION.] (a) $315,000 is appropriated from the general fund to the University of Minnesota for the Minnesota extension service for farm and small business management programs using the FINPAK computer software program and other training and assistance to provide financial information to farmers affected by the weather conditions in 1993 to be used as follows: (1) $50,000 to the center for farm financial management for computer software upgrades and support of educators providing financial information to farmers; and (2) $265,000 for support, assistance, and travel expenses for educators to target emergency assistance to persons in counties affected by the weather conditions in 1993. (b) Minnesota extension must coordinate the delivery of services with the state board of technical colleges to ensure broad coverage of the state for areas affected by the weather conditions in 1993. This appropriation is available until June 30, 1995. Sec. 13. [SMALL BUSINESS DISASTER REVOLVING LOAN FUND.] $900,000 is appropriated from the general fund to the commissioner of trade and economic development to supplement funding of programs through the federal Economic Development Administration. Use of these funds may include providing local matches to federal dollars through the regional development commissions or alternative groups. This appropriation is available until June 30, 1995. Sec. 14. [ETHANOL PRODUCTION.] $1,500,000 is appropriated from the general fund to the ethanol development fund. Sec. 15. [AGRICULTURAL UTILIZATION RESEARCH INSTITUTE.] $1,050,000 is appropriated from the general fund to the agricultural utilization research institute for programs targeted to crops or regions that suffered losses in 1993. This appropriation is available until June 30, 1995. Sec. 16. [DAIRY LITIGATION.] (a) $59,000 is appropriated from the general fund to the supreme court as a one-time appropriation for family farm legal assistance for financially distressed dairy farmers under Minnesota Statutes, section 480.242, subdivision 5, clause (2). This appropriation shall be in addition to other appropriations received for legal assistance. An entity receiving funding under this section may not have other sources of state funding reduced based on the funding received. This appropriation is available until June 30, 1995. The income eligibility rules described in Minnesota Statutes, section 480.242, subdivision 2, paragraph (b), are waived for purposes of this appropriation. (b) The $20,000 balance on May 22, 1993, of amounts authorized under Laws 1992, chapter 513, article 2, section 6, subdivision 5, is transferred to the general fund and is appropriated to the supreme court for family farm legal assistance rendered from July 1, 1993, through June 30, 1995, for financially distressed dairy farmers under Minnesota Statutes, section 480.242, subdivision 5, clause (2). The income eligibility rules described in Minnesota Statutes, section 480.242, subdivision 2, paragraph (b), are waived for purposes of this appropriation. Sec. 17. [APPROPRIATION; BEAVER CONTROL.] $50,000 is appropriated to the commissioner of agriculture for a grant to the beaver damage control joint powers board formed by Beltrami, Clearwater, Marshall, Pennington, Polk, and Red Lake counties, for the purpose of beaver damage control. The grant must be matched by at least $30,000 from the joint powers board. This appropriation is available until June 30, 1995. Sec. 18. [REPORT OF AGENCIES.] Before January 1, 1996, the commissioner of public safety shall coordinate and present to the legislature a report from all departments, agencies, and organizations receiving funding under this act regarding the specific uses of such funding and the effects of assistance provided under this act to the agricultural economy and rural communities affected by natural disasters in 1993. Sec. 19. [EFFECTIVE DATE.] Sections 2 and 3 are effective July 1, 1994. The remaining sections are effective the day following final enactment." Delete the title and insert: "A bill for an act relating to agricultural businesses; exempting from sales tax the gross receipts of used farm machinery sales; providing matching moneys for federal emergency disaster funds to flood damaged counties; providing supplemental funding for grain inspection programs, financial assistance programs under the ethanol production fund, and small business disaster loan programs; expanding research on grain diseases; increasing funding for the farm advocates program, agricultural resource centers, legal challenges to the federal milk market order system, farm and small business management programs at technical colleges, and the Farmers' Legal Action Group; providing funding to the Agricultural Utilization Research Institute; appropriating money; amending Minnesota Statutes 1992, sections 297A.02, subdivision 2; and 297A.25, by adding a subdivision; Minnesota Statutes 1993 Supplement, section 41B.044, subdivision 2; and Laws 1993, chapter 172, section 7, subdivision 3." A roll call was requested and properly seconded. The question was taken on the Sviggum amendment and the roll was called. There were 39 yeas and 82 nays as follows: Those who voted in the affirmative were: Abrams Asch Commers Dempsey Erhardt Frerichs Girard Gruenes Gutknecht Haukoos Holsten Hugoson Johnson, V. Knickerbocker Krinkie Leppik Limmer Lindner Lynch Macklin Molnau Olson, M. Onnen Osthoff Ozment Pawlenty Rhodes Seagren Smith Stanius Sviggum Swenson Tompkins Van Dellen Van Engen Vickerman Waltman Worke Workman Those who voted in the negative were: Anderson, R. Battaglia Bauerly Beard Bergson Bertram Brown, C. Brown, K. Carlson Carruthers Clark Cooper Dauner Davids Dehler Delmont Dorn Evans Farrell Finseth Garcia Goodno Greenfield Hasskamp Hausman Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Kahn Kalis Kelley Kelso Kinkel Klinzing Knight Krueger Lasley Lieder Long Lourey Luther Mahon McCollum McGuire Mosel Munger Murphy Nelson Ness Olson, E. Olson, K. Opatz Orenstein Orfield Ostrom Pelowski Perlt Peterson Reding Rest Rice Rodosovich Rukavina Sarna Sekhon Simoneau Skoglund Solberg Steensma Tomassoni Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Winter Spk. Anderson, I. The motion did not prevail and the amendment was not adopted. Hugoson moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Delete page 2, line 3 to page 6, line 28 Page 17, after line 15, insert: "Sec. 8. [FEDERAL EMERGENCY MANAGEMENT ASSISTANCE MATCH.] $3,908,000 is appropriated from the general fund to the commissioner of public safety to provide matching funds for federal emergency management assistance funds received in flood damaged counties in 1993." Renumber the sections in sequence Correct internal references Amend the title accordingly The motion did not prevail and the amendment was not adopted. Girard moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Pages 16 and 17, delete section 5 Renumber the sections in sequence Correct internal references Amend the title accordingly The motion did not prevail and the amendment was not adopted. Ness, Bettermann, Molnau, Girard, Hugoson, Mosel, Gutknecht and Johnson, V., moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Page 7, line 13, after the period, insert "Of this appropriation, $50,000 is appropriated to the commissioner of agriculture for expenses and activities of the dairy leaders round table, as approved by the commissioner." The motion did not prevail and the amendment was not adopted. Tompkins was excused for the remainder of today's session. Sviggum offered an amendment to S. F. No. 2168, the unofficial engrossment, as amended. POINT OF ORDER Wenzel raised a point of order pursuant to rule 3.09 that the Sviggum amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order. Ness, Molnau, Koppendrayer, Girard, Cooper, Winter, Bertram and Mosel moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Page 6, delete lines 29 to 36 Page 7, delete lines 1 to 13 Page 17, after line 15, insert: "Sec. 8. [FARM FINANCIAL ASSISTANCE; MINNESOTA EXTENSION.] (a) $225,000 is appropriated from the general fund to the University of Minnesota for the Minnesota extension service for farm and small business management programs using the FINPAK computer software program and other training and assistance to provide financial information to farmers affected by the weather conditions in 1993 to be used as follows: (1) $50,000 to the center for farm financial management for computer software upgrades and support of educators providing financial information to farmers; and (2) $175,000 for support, assistance, and travel expenses for educators to target emergency assistance to persons in counties affected by the weather conditions in 1993. (b) Minnesota extension must coordinate the delivery of services with the state board of technical colleges to ensure broad coverage of the state for areas affected by the weather conditions in 1993. This appropriation is available until June 30, 1995." Renumber the sections in sequence Correct internal references Amend the title accordingly A roll call was requested and properly seconded. The question was taken on the Ness et al amendment and the roll was called. There were 44 yeas and 77 nays as follows: Those who voted in the affirmative were: Abrams Bertram Bishop Commers Cooper Davids Dehler Dempsey Erhardt Frerichs Girard Gruenes Haukoos Holsten Hugoson Johnson, V. Klinzing Knickerbocker Krinkie Lasley Leppik Limmer Lindner Lynch Macklin Molnau Mosel Ness Olson, E. Olson, K. Olson, M. Onnen Osthoff Ostrom Pawlenty Peterson Smith Sviggum Swenson Van Dellen Van Engen Vickerman Waltman Worke Those who voted in the negative were: Anderson, R. Asch Battaglia Bauerly Beard Bergson Brown, C. Carlson Carruthers Clark Dauner Delmont Dorn Evans Farrell Finseth Garcia Goodno Greenfield Greiling Hasskamp Hausman Huntley Jacobs Jaros Jefferson Johnson, A. Johnson, R. Kahn Kalis Kelley Kelso Kinkel Knight Krueger Lieder Long Lourey Luther Mahon McCollum McGuire Milbert Munger Murphy Neary Nelson Opatz Orenstein Orfield Ozment Pelowski Perlt Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Seagren Sekhon Simoneau Skoglund Solberg Steensma Tomassoni Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Winter Workman Spk. Anderson, I. The motion did not prevail and the amendment was not adopted. Davids; Reding; Neary; Haukoos; Worke; Tomassoni; Tompkins; Johnson, R.; Krinkie; Limmer; Molnau; Dempsey; Erhardt; Lindner; Olson, M.; Waltman; Smith; Frerichs; Macklin; Girard; Ness; Gruenes; Stanius; Asch; Workman; Sviggum; Seagren; Ozment; Onnen; Lynch; Gutknecht; Holsten and Rhodes moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows: Pages 6 and 7 delete article 3 Renumber the articles in sequence Amend the title accordingly A roll call was requested and properly seconded. The question was taken on the Davids et al amendment and the roll was called. There were 73 yeas and 52 nays as follows: Those who voted in the affirmative were: Abrams Asch Beard Bergson Bishop Brown, C. Commers Cooper Dauner Davids Dehler Dempsey Dorn Erhardt Frerichs Girard Goodno Greiling Gruenes Gutknecht Haukoos Holsten Hugoson Jacobs Jaros Jefferson Johnson, R. Johnson, V. Kinkel Knickerbocker Knight Krinkie Lasley Leppik Limmer Lindner Lynch Macklin Mahon McCollum Molnau Neary Nelson Ness Olson, M. Onnen Opatz Osthoff Ostrom Ozment Pawlenty Pelowski Pugh Reding Rhodes Rice Rukavina Sarna Seagren Sekhon Simoneau Smith Solberg Stanius Sviggum Swenson Tomassoni Van Dellen Van Engen Vickerman Waltman Worke Workman Those who voted in the negative were: Anderson, R. Battaglia Bauerly Bertram Brown, K. Carlson Carruthers Clark Dawkins Delmont Evans Farrell Finseth Garcia Greenfield Hasskamp Huntley Johnson, A. Kahn Kalis Kelley Kelso Klinzing Krueger Lieder Long Lourey Luther Mariani McGuire Milbert Mosel Munger Murphy Olson, E. Olson, K. Orenstein Orfield Perlt Peterson Rest Rodosovich Skoglund Steensma Trimble Tunheim Vellenga Wagenius Wejcman Wenzel Winter Spk. Anderson, I. The motion prevailed and the amendment was adopted. S. F. No. 2168, A bill for an act relating to agricultural businesses; exempting from sales tax the gross receipts of used farm machinery sales; providing matching moneys for federal emergency disaster funds to flood damaged counties; providing supplemental funding for grain inspection programs, financial assistance programs under the ethanol production fund, and small business disaster loan programs; expanding research on grain diseases; increasing funding for the farm advocates program, agricultural resource centers, legal challenges to the federal milk market order system, farm and small business management programs at technical colleges, and the Farmers' Legal Action Group; providing funding to the Agricultural Utilization Research Institute; appropriating money; amending Minnesota Statutes 1992, sections 297A.02, subdivision 2; and 297A.25, by adding a subdivision; Minnesota Statutes 1993 Supplement, section 41B.044, subdivision 2; and Laws 1993, chapter 172, section 7, subdivision 3. The bill was read for the third time, as amended, and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 111 yeas and 15 nays as follows: Those who voted in the affirmative were: Anderson, R. Battaglia Bauerly Beard Bergson Bertram Bishop Brown, C. Brown, K. Carlson Carruthers Clark Cooper Dauner Davids Dawkins Dehler Delmont Dempsey Dorn Evans Farrell Finseth Frerichs Garcia Girard Goodno Greenfield Greiling Gruenes Gutknecht Hasskamp Haukoos Hausman Holsten Huntley Jacobs Jaros Jefferson Jennings Johnson, A. Johnson, R. Johnson, V. Kahn Kalis Kelley Kelso Kinkel Klinzing Krueger Lasley Leppik Lieder Long Lourey Luther Macklin Mahon Mariani McGuire Milbert Mosel Munger Murphy Neary Nelson Ness Olson, E. Olson, K. Olson, M. Onnen Opatz Orenstein Orfield Osthoff Ostrom Ozment Pawlenty Pelowski Perlt Peterson Pugh Reding Rest Rhodes Rice Rodosovich Rukavina Sarna Sekhon Simoneau Skoglund Smith Solberg Steensma Sviggum Swenson Tomassoni Trimble Tunheim Van Dellen Vellenga Vickerman Wagenius Waltman Wejcman Wenzel Winter Worke Workman Spk. Anderson, I. Those who voted in the negative were: Abrams Asch Commers Erhardt Hugoson Knickerbocker Knight Krinkie Limmer Lindner Lynch McCollum Molnau Seagren Van Engen The bill was passed, as amended, and its title agreed to. There being no objection, the order of business reverted to Messages from the Senate. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested: H. F. No. 2158, A bill for an act relating to pollution; requiring that certain towns, cities, and counties have ordinances complying with pollution control agency rules regarding individual sewage treatment systems; requiring the agency to license sewage treatment professionals; requiring rulemaking; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115. Patrick E. Flahaven, Secretary of the Senate Bishop moved that the House refuse to concur in the Senate amendments to H. F. No. 2158, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed. Mr. Speaker: I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted: S. F. Nos. 2316 and 2929. Patrick E. Flahaven, Secretary of the Senate FIRST READING OF SENATE BILLS S. F. No. 2316, A bill for an act relating to the state board of investment; management of funds under the board's control; limiting the investment authority of various local pension plans to the pre-1994 investment authority of the state board of investment; amending Minnesota Statutes 1992, sections 11A.17, subdivisions 1, 4, 9, 10a, and 14; 11A.18, subdivision 9; 11A.24, subdivisions 3, 5, and 6; 353D.05, subdivision 2; 354B.07, subdivision 2; 356A.06, subdivision 7; and 422A.05, subdivision 2c; Minnesota Statutes 1993 Supplement, sections 11A.24, subdivisions 1 and 4; 69.77, subdivision 2g; 69.775; 352D.04, subdivision 1; 352D.09, subdivision 8; and 354B.05, subdivision 3. The bill was read for the first time. Reding moved that S. F. No. 2316 and H. F. No. 2651, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed. S. F. No. 2929, A bill for an act relating to education; providing assistance to school districts by permitting the waiver of certain rules and statutes in response to a catastrophe; appropriating money for payment to independent school district No. 191, Burnsville; amending Minnesota Statutes 1992, section 121.11, by adding a subdivision. The bill was read for the first time and referred to the Committee on Ways and Means. SPECIAL ORDERS Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed. GENERAL ORDERS Carruthers moved that the bills on General Orders for today be continued. The motion prevailed. MOTIONS AND RESOLUTIONS Jennings moved that the name of Peterson be added as an author on H. A. No. 37. The motion prevailed. Knight moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 27, 1994, when the vote was taken on the Leppik amendment to the Long amendment to H. F. No. 3011, as amended." The motion prevailed. ANNOUNCEMENTS BY THE SPEAKER The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1899: Greiling, Kahn and Leppik. The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1919: Evans, Clark and Ozment. The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2158: Bishop, Sekhon and Kalis. The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3086: Wagenius; Kahn; Orenstein; Brown, C., and Lynch. The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2192: Greenfield, Cooper, Neary, Klinzing and Smith. The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2289: Weaver, Kahn and Abrams. ADJOURNMENT Carruthers moved that when the House adjourns today it adjourn until 9:00 a.m., Friday, April 29, 1994. The motion prevailed. Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Friday, April 29, 1994. Edward A. Burdick, Chief Clerk, House of Representatives