JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3717

STATE OF MINNESOTA

SEVENTY-NINTH SESSION - 1995

__________________

FIFTY-THIRD DAY

Saint Paul, Minnesota, Thursday, May 4, 1995

Index to today's Journal

The House of Representatives convened at 12:00 noon and was called to order by Irv Anderson, Speaker of the House.

Prayer was offered by Representative Arlon Lindner, District 33A, Corcoran, Minnesota.

The roll was called and the following members were present:

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

Osthoff was excused until 12:45 p.m. Anderson, R., was excused until 1:30 p.m. Hugoson was excused until 3:45 p.m.

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

REPORTS OF CHIEF CLERK

S. F. No. 910 and H. F. No. 1093, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Lynch moved that the rules be so far suspended that S. F. No. 910 be substituted for H. F. No. 1093 and that the House File be indefinitely postponed. The motion prevailed.


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PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 28, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:

H. F. No. 821, memorializing Congress to fund the Amtrak system to enable it to continue to serve Minnesota.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 28, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 377, relating to driving while intoxicated; extending vehicle forfeiture penalties to include failure to appear at trial for designated driving while intoxicated offenses.

H. F. No. 1468, relating to the governor; providing that the governor may declare an inability to discharge duties of the office or may be declared unable to do so.

H. F. No. 464, relating to motor vehicles; limiting license plate impoundment provisions to self-propelled motor vehicles.

H. F. No. 1645, relating to commerce; specifying kinds of wood for certain exterior construction applications.

H. F. No. 1153, relating to transportation; authorizing cities, counties, and transit commissions and authorities outside the metropolitan area to provide certain paratransit outside their service areas; requiring such service to be under contract.


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H. F. No. 838, relating to Olmsted county; authorizing the county to create a nonprofit corporation to own and operate a hospital and medical center; providing the county board with related powers and duties.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

S.F. H.F. Session Laws Date ApprovedDate Filed

No. No. Chapter No. 1995 1995

821 Resolution No. 33:10 p.m. April 28April 28

377 97 2:45 p.m. April 28 April 28

1468 98 2:55 p.m. April 28 April 28

464 99 2:58 p.m. April 28 April 28

1645 100 3:00 p.m. April 28 April 28

1153 101 3:05 p.m. April 28 April 28

838 102 3:10 p.m. April 28 April 28

Sincerely,

Joan Anderson Growe

Secretary of State

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 1, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 702, relating to traffic regulations; allowing school authorities to appoint nonpupil adults to school safety patrols.


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H. F. No. 901, relating to drivers' licenses; requiring additional information in drivers' education programs, the driver's license examination, and the driver's manual regarding the legal and financial consequences of violating DWI-related laws.

H. F. No. 1641, relating to local government; requiring a local governmental unit to furnish copies of any ordinances adopted to the county law library.

H. F. No. 529, relating to eminent domain proceedings.

H. F. No. 340, relating to commerce; motor vehicle sales and distribution; regulating the establishment and relocation of dealerships.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

S.F. H.F. Session Laws Date ApprovedDate Filed

No. No. Chapter No. 1995 1995

702 103 2:40 p.m. May 1 May 1

901 104 2:42 p.m. May 1 May 1

1641 105 2:45 p.m. May 1 May 1

529 106 2:48 p.m. May 1 May 1

340 107 2:50 p.m. May 1 May 1

830 108 2:55 p.m. May 1 May 1

Sincerely,

Joan Anderson Growe

Secretary of State

SECOND READING OF SENATE BILLS

S. F. No. 910 was read for the second time.


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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Bakk, Finseth, Trimble, Tunheim and Rukavina introduced:

H. F. No. 1891, A bill for an act relating to wild animals; directing the department of natural resources to develop a gray wolf management plan.

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

Johnson, V.; Bertram; Holsten; Bakk and Boudreau introduced:

H. F. No. 1892, A bill for an act relating to natural resources; prohibiting the obstruction or impedance of hunters, trappers, or anglers; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 97A; repealing Minnesota Statutes 1994, section 97A.037.

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

Peterson introduced:

H. F. No. 1893, A bill for an act relating to fuels; exempting premium gasoline from minimum oxygen content levels; amending Minnesota Statutes 1994, section 239.791, by adding a subdivision.

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

Peterson introduced:

H. F. No. 1894, A bill for an act relating to fuels; exempting premium gasoline from minimum oxygen content levels; amending Minnesota Statutes 1994, section 239.791, by adding a subdivision.

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

Peterson introduced:

H. F. No. 1895, A bill for an act relating to fuels; exempting premium gasoline sold for use in motorized watercraft from minimum oxygen content levels; amending Minnesota Statutes 1994, section 239.791, by adding a subdivision.

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

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. 1246, A bill for an act relating to child care; requiring child care for school age children not operated by a school to be licensed; changing the definition of toddler and preschooler for family day care programs serving siblings; amending Minnesota Statutes 1994, sections 245A.02, by adding subdivisions; 245A.03, subdivision 2; 245A.10; and 245A.14, subdivision 6.

Patrick E. Flahaven, Secretary of the Senate


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CONCURRENCE AND REPASSAGE

Greiling moved that the House concur in the Senate amendments to H. F. No. 1246 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1246, A bill for an act relating to child care; requiring child care for school age children not operated by a school to be licensed; changing the definition of toddler and preschooler for family day care programs serving siblings; appropriating money; amending Minnesota Statutes 1994, sections 245A.02, by adding subdivisions; 245A.03, subdivision 2; 245A.10; and 245A.14, 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 94 yeas and 34 nays as follows:

Those who voted in the affirmative were:

Bakk         Goodno       Kraus        Ness         Schumacher
Bertram      Greenfield   Larsen       Olson, E.    Simoneau
Bishop       Greiling     Leighton     Opatz        Skoglund
Boudreau     Haas         Lieder       Orenstein    Smith
Brown        Harder       Long         Orfield      Solberg
Carlson      Hasskamp     Lourey       Ostrom       Stanek
Carruthers   Hausman      Luther       Otremba      Swenson, D.
Clark        Holsten      Lynch        Ozment       Tomassoni
Commers      Huntley      Macklin      Paulsen      Tompkins
Cooper       Jaros        Mahon        Pawlenty     Trimble
Dauner       Jefferson    Mares        Pelowski     Tuma
Dawkins      Jennings     Mariani      Perlt        Tunheim
Delmont      Johnson, A.  Marko        Peterson     Vickerman
Dempsey      Johnson, R.  McCollum     Pugh         Wagenius
Dorn         Kahn         McElroy      Rest         Wejcman
Entenza      Kalis        McGuire      Rhodes       Wenzel
Erhardt      Kelley       Milbert      Rostberg     Winter
Farrell      Kelso        Molnau       Rukavina     Sp.Anderson,I
Garcia       Kinkel       Munger       Sarna        
Those who voted in the negative were:

Abrams       Dehler       Knoblach     Onnen        Van Engen
Anderson, B. Finseth      Koppendrayer Osskopp      Warkentin
Bettermann   Frerichs     Krinkie      Seagren      Weaver
Bradley      Girard       Leppik       Sviggum      Wolf
Broecker     Hackbarth    Lindner      Swenson, H.  Worke
Daggett      Johnson, V.  Mulder       Sykora       Workman 
Davids       Knight       Olson, M.    Van Dellen   
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. 265, A bill for an act relating to gambling; making technical amendments to eliminate references to teleracing facilities; regulating testing facilities for the testing of gambling devices; regulating bingo and lawful purpose expenditures, and credit and sales to delinquent organizations; providing for contributions to certain compulsive gambling programs; amending Minnesota Statutes 1994, sections 240.01, subdivisions 18 and 23; 240.10; 240.19; 240.23; 240.27, subdivisions 2, 3, 4, and 5; 299L.01, subdivision 1; 299L.03, subdivision 1; 299L.07, subdivisions 1, 2, 4, 5, 6, and by adding a subdivision; 349.12, subdivision 25, and by adding a subdivision; 349.17, subdivision 1; 349.191, subdivision 1a; and 349.211, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299L; repealing Minnesota Statutes 1994, section 240.01, subdivisions 17 and 21.

Patrick E. Flahaven, Secretary of the Senate


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Dorn moved that the House refuse to concur in the Senate amendments to H. F. No. 265, 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. 358, A bill for an act relating to utilities; clarifying that public utilities commission may extend deadline for rate suspension period by 20 days when necessary to first make final determination on another, previously filed rate case; allowing exemption from rate regulation for small electric utility franchise; allowing longer review time for granting petition for rehearing by public utilities commission; amending Minnesota Statutes 1994, sections 216B.16, subdivision 2, and by adding a subdivision; and 216B.27, subdivision 4.

Patrick E. Flahaven, Secretary of the Senate

Wolf moved that the House refuse to concur in the Senate amendments to H. F. No. 358, 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. 1207, A bill for an act relating to traffic regulations; increasing maximum length of certain combinations of vehicles from 65 to 70 feet; amending Minnesota Statutes 1994, section 169.81, subdivision 3.

Patrick E. Flahaven, Secretary of the Senate

Winter moved that the House refuse to concur in the Senate amendments to H. F. No. 1207, 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. 1310, 1246, 429, 1362, 1079, 1503, 979, 1122, 877 and 462.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 1551, 1393, 1543, 255, 1173, 621, 734, 801 and 1279.

Patrick E. Flahaven, Secretary of the Senate


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FIRST READING OF SENATE BILLS

S. F. No. 1310, A bill for an act relating to state government; providing for the development of a long-range expenditure plan for state expenditures; amending Minnesota Statutes 1994, section 16A.152, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

S. F. No. 1246, A bill for an act relating to state government; abolishing periodic reports; repealing obsolete rules of the departments of agriculture, commerce, health, human services, public safety, public service, and revenue and the pollution control agency; removing internal references to repealed rules; providing a deadline for certain actions by state and local government agencies; clarifying statutory waiver requirements with respect to the housing finance agency for the civil service pilot project; requiring legislative review of certain agency reorganization efforts; establishing the office of citizen advocate in the department of administration; modifying provisions relating to data classification; workers' compensation premium collection; employment classifications and procedures; and benefits; providing penalties; establishing a task force to recommend a governmental structure for environmental and natural resource functions and services; requiring establishment of an employee participation committee before agency restructuring; abolishing the department of natural resources, the board of water and soil resources, the office of environmental assistance, the pollution control agency, the environmental quality board, the harmful substances compensation board, the petroleum tank release compensation board, and the agricultural chemical response board; providing for appointments; abolishing the transportation regulation board; transferring its functions to other agencies; establishing pilot projects to improve the efficiency and effectiveness of state agencies; authorizing waivers of certain rules and policies; abolishing the legislative commission on children, youth, and their families, the legislative water commission, the legislative commission on the economic status of women, the legislative commission on child protection, the legislative commission on health care access, the legislative commission on long-term health care, the legislative commission on waste management, and the legislative tax study commission; transferring functions of the legislative commission on Minnesota resources to the office of strategic and long-range planning; establishing the department of children, families, and learning; making related changes; amending Minnesota Statutes 1994, sections 4.071, subdivision 2; 13.67; 15A.081, subdivision 1; 43A.04, subdivision 1; 43A.08, subdivision 1; 43A.10, subdivision 8; 43A.13, subdivision 6; 43A.15, by adding a subdivision; 43A.19, subdivision 1; 43A.191, subdivisions 1, 2, and 3; 43A.24, subdivision 2; 43A.27, subdivision 3; 43A.316; 43A.317, subdivision 5; 62J.04, subdivision 1a; 62J.45, subdivision 8; 62Q.33, subdivision 5; 84.0274, subdivision 7; 85.019, subdivision 2; 86.72, subdivisions 2 and 3; 89.022, subdivision 2; 103A.43; 103B.321, subdivision 1; 115A.07, subdivision 3; 115A.15, subdivision 5; 115A.158, subdivision 2; 115A.165; 115A.193; 115A.22, subdivision 5; 115A.5501, subdivisions 2 and 4; 115A.551, subdivisions 4 and 5; 115A.557, subdivision 4; 115A.9157, subdivision 6; 115A.96, subdivision 2; 115A.961, subdivision 2; 115A.9651, subdivision 2; 115A.97, subdivisions 5 and 6; 115B.20, subdivisions 2, 5, and 6; 116C.712, subdivision 5; 116J.555, subdivision 2; 116P.02; 116P.03; 116P.05, subdivision 2, and by adding a subdivision; 116P.06; 116P.07; 116P.08, subdivisions 3, 4, 5, 6, and 7; 116P.09; 116P.10; 116P.11; 116P.12; 116Q.02; 174.02, subdivisions 4, 5, and by adding subdivisions; 174.06, by adding a subdivision; 174.10; 218.041, subdivision 6; 219.074, subdivisions 1 and 2; 256.9352, subdivision 3; 256B.0644; 256B.431, subdivision 2i; 256F.13, subdivision 1; 290.431; 290.432; 356.87; and 473.846; Minnesota Rules, parts 1540.2140; 7001.0140, subpart 2; 7001.0180; 8130.3500, subpart 3; and 8130.6500, subpart 5; proposing coding for new law in Minnesota Statutes, chapters 15; 16B; 174; and 465; proposing coding for new law as Minnesota Statutes, chapter 119A; repealing Minnesota Statutes 1994, sections 3.861; 3.873; 3.885; 3.887; 3.9222; 3.9227; 14.115, subdivision 8; 62J.04, subdivision 4; 62J.07; 62N.24; 103B.351; 115A.03, subdivision 16; 115A.08; 115A.14; 115A.29; 115A.38; 115A.411; 115A.913, subdivision 5; 115A.9157, subdivision 4; 115A.965, subdivision 7; 115A.981, subdivision 3; 115B.22, subdivision 8; 115B.43, subdivision 4; 116P.05, subdivision 1; 174.05; 174.06; 174A.01; 174A.02; 174A.03; 174A.04; 216C.051; 218.011, subdivision 7; 218.041, subdivision 7; 256B.504; 473.149, subdivisions 2c and 6; 473.845, subdivision 4; and 473.848, subdivision 4; Minnesota Rules, parts 1540.0010, subparts 12, 18, 21, 22, and 24; 1540.0060; 1540.0070; 1540.0080; 1540.0100; 1540.0110; 1540.0120; 1540.0130; 1540.0140; 1540.0150; 1540.0160; 1540.0170; 1540.0180; 1540.0190; 1540.0200; 1540.0210; 1540.0220; 1540.0230; 1540.0240; 1540.0260; 1540.0320; 1540.0330; 1540.0340; 1540.0350; 1540.0370; 1540.0380; 1540.0390; 1540.0400; 1540.0410; 1540.0420; 1540.0440; 1540.0450; 1540.0460; 1540.0490; 1540.0500; 1540.0510; 1540.0520; 1540.0770; 1540.0780; 1540.0800; 1540.0810; 1540.0830; 1540.0880; 1540.0890; 1540.0900; 1540.0910; 1540.0920; 1540.0930; 1540.0940; 1540.0950; 1540.0960; 1540.0970; 1540.0980; 1540.0990; 1540.1000; 1540.1005; 1540.1010; 1540.1020; 1540.1030; 1540.1040; 1540.1050; 1540.1060; 1540.1070; 1540.1080; 1540.1090; 1540.1100; 1540.1110; 1540.1120; 1540.1130; 1540.1140; 1540.1150; 1540.1160; 1540.1170; 1540.1180; 1540.1190; 1540.1200; 1540.1210; 1540.1220; 1540.1230; 1540.1240; 1540.1250; 1540.1255; 1540.1260; 1540.1280; 1540.1290; 1540.1300; 1540.1310; 1540.1320; 1540.1330; 1540.1340; 1540.1350; 1540.1360; 1540.1380; 1540.1400; 1540.1410; 1540.1420; 1540.1430; 1540.1440; 1540.1450;


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1540.1460; 1540.1470; 1540.1490; 1540.1500; 1540.1510; 1540.1520; 1540.1530; 1540.1540; 1540.1550; 1540.1560; 1549.1570; 1540.1580; 1540.1590; 1540.1600; 1540.1610; 1540.1620; 1540.1630; 1540.1640; 1540.1650; 1540.1660; 1540.1670; 1540.1680; 1540.1690; 1540.1700; 1540.1710; 1540.1720; 1540.1730; 1540.1740; 1540.1750; 1540.1760; 1540.1770; 1540.1780; 1540.1790; 1540.1800; 1540.1810; 1540.1820; 1540.1830; 1540.1840; 1540.1850; 1540.1860; 1540.1870; 1540.1880; 1540.1890; 1540.1900; 1540.1905; 1540.1910; 1540.1920; 1540.1930; 1540.1940; 1540.1950; 1540.1960; 1540.1970; 1540.1980; 1540.1990; 1540.2000; 1540.2010; 1540.2015; 1540.2020; 1540.2090; 1540.2100; 1540.2110; 1540.2120; 1540.2180; 1540.2190; 1540.2200; 1540.2210; 1540.2220; 1540.2230; 1540.2240; 1540.2250; 1540.2260; 1540.2270; 1540.2280; 1540.2290; 1540.2300; 1540.2310; 1540.2320; 1540.2325; 1540.2330; 1540.2340; 1540.2350; 1540.2360; 1540.2370; 1540.2380; 1540.2390; 1540.2400; 1540.2410; 1540.2420; 1540.2430; 1540.2440; 1540.2450; 1540.2490; 1540.2500; 1540.2510; 1540.2530; 1540.2540; 1540.2550; 1540.2560; 1540.2570; 1540.2580; 1540.2590; 1540.2610; 1540.2630; 1540.2640; 1540.2650; 1540.2660; 1540.2720; 1540.2730; 1540.2740; 1540.2760; 1540.2770; 1540.2780; 1540.2790; 1540.2800; 1540.2810; 1540.2820; 1540.2830; 1540.2840; 1540.3420; 1540.3430; 1540.3440; 1540.3450; 1540.3460; 1540.3470; 1540.3560; 1540.3600; 1540.3610; 1540.3620; 1540.3630; 1540.3700; 1540.3780; 1540.3960; 1540.3970; 1540.3980; 1540.3990; 1540.4000; 1540.4010; 1540.4020; 1540.4030; 1540.4040; 1540.4080; 1540.4190; 1540.4200; 1540.4210; 1540.4220; 1540.4320; 1540.4330; 1540.4340; 2642.0120, subpart 1; 2650.0100; 2650.0200; 2650.0300; 2650.0400; 2650.0500; 2650.0600; 2650.1100; 2650.1200; 2650.1300; 2650.1400; 2650.1500; 2650.1600; 2650.1700; 2650.1800; 2650.1900; 2650.2000; 2650.2100; 2650.3100; 2650.3200; 2650.3300; 2650.3400; 2650.3500; 2650.3600; 2650.3700; 2650.3800; 2650.3900; 2650.4000; 2650.4100; 2655.1000; 2660.0070; 2770.7400; 4610.2210; 7002.0410; 7002.0420; 7002.0430; 7002.0440; 7002.0450; 7002.0460; 7002.0470; 7002.0480; 7002.0490; 7047.0010; 7047.0020; 7047.0030; 7047.0040; 7047.0050; 7047.0060; 7047.0070; 7100.0300; 7100.0310; 7100.0320; 7100.0330; 7100.0335; 7100.0340; 7100.0350; 7510.6100; 7510.6200; 7510.6300; 7510.6350; 7510.6400; 7510.6500; 7510.6600; 7510.6700; 7510.6800; 7510.6900; 7510.6910; 7600.0100; 7600.0200; 7600.0300; 7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800; 7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300; 7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800; 7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300; 7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800; 7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300; 7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800; 7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300; 7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800; 7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300; 7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800; 7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300; 7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800; 7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210; 7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700; 7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200; 7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700; 7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200; 7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700; 7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120; 7625.0200; 7625.0210; 7625.0220; 7625.0230; 8120.1100, subpart 3; 8121.0500, subpart 2; 8130.9912; 8130.9913; 8130.9916; 8130.9920; 8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972; 8130.9980; 8130.9992; 8850.6900; 9540.0100; 9540.0200; 9540.0300; 9540.0400; 9540.0500; 9540.1000; 9540.1100; 9540.1200; 9540.1300; 9540.1400; 9540.1500; 9540.2000; 9540.2100; 9540.2200; 9540.2300; 9540.2400; 9540.2500; 9540.2600; and 9540.2700.

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

S. F. No. 429, A bill for an act relating to agriculture; extending the sunset date for the farmer-lender mediation act; providing for a study of expansion of the mediation program; amending Laws 1986, chapter 398, article 1, section 18, as amended.

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

S. F. No. 1362, A bill for an act relating to natural resources; providing for coordination of efforts of public and private sectors in the sustainable management, use, development, and protection of Minnesota's forest resources; establishing a forest resources council and regional forest resource committees; proposing coding for new law as Minnesota Statutes, chapter 89A.

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

S. F. No. 1079, A bill for an act relating to financing of government of this state; reducing 1995 appropriations; providing supplemental 1995 appropriations for certain purposes.

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

S. F. No. 1503, A bill for an act relating to public safety; requiring fireworks display operators to be certified by state fire marshal; setting fees; appropriating money; amending Minnesota Statutes 1994, section 624.22.

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


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S. F. No. 979, A bill for an act relating to motor carriers; regulating hazardous material transporters; requiring fingerprints of motor carrier managers for criminal background checks; making technical changes related to calculating proportional mileage under the international registration plan; specifying violations that may result in suspension or revocation of permit; making technical changes relating to hazardous waste transporter licenses; providing for disposition of fees collected for hazardous material registration, licensing, and permitting; amending Minnesota Statutes 1994, section 221.0355, subdivisions 3, 5, 6, 12, 15, and by adding a subdivision.

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

S. F. No. 1122, A bill for an act relating to the environment; establishing a program for funding response actions to address environmental contamination from drycleaning facilities; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115B.

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

S. F. No. 877, A bill for an act relating to construction; changing and clarifying law relating to the building code and zoning law; amending the interstate compact on industrialized/modular buildings; appropriating money; amending Minnesota Statutes 1994, sections 16B.59; 16B.60, subdivisions 1 and 4; 16B.61, subdivisions 1, 2, and 5; 16B.63, subdivision 3, and by adding a subdivision; 16B.65, subdivisions 1, 3, 4, and 7; 16B.67; 16B.70; 16B.75; 366.10; 366.12; 366.16; 394.33, subdivision 2; 394.361, subdivision 3; 462.358, subdivisions 2a and 9; and 462.359, subdivision 4.

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

S. F. No. 462, A bill for an act relating to the environment; implementing the transfer of solid waste management duties of the metropolitan council to the office of environmental assistance; providing for the management of waste; providing penalties; amending Minnesota Statutes 1992, section 115A.33, as reenacted; Minnesota Statutes 1994, sections 8.31, subdivision 1; 16B.122, subdivision 3; 115.071, subdivision 1; 115A.055; 115A.07, subdivision 3; 115A.072, subdivisions 1, 3, and 4; 115A.12; 115A.14, subdivision 4; 115A.15, subdivision 9; 115A.191, subdivisions 1 and 2; 115A.32; 115A.411; 115A.42; 115A.45; 115A.46, subdivisions 1 and 5; 115A.55, by adding a subdivision; 115A.5501, subdivisions 2, 3, and 4; 115A.5502; 115A.551, subdivisions 2a, 4, 5, 6, and 7; 115A.554; 115A.557, subdivisions 3 and 4; 115A.558; 115A.63, subdivision 3; 115A.84, subdivision 3; 115A.86, subdivision 2; 115A.919, subdivision 3; 115A.921, subdivision 1; 115A.923, subdivision 1; 115A.9302, subdivisions 1 and 2; 115A.951, subdivision 4; 115A.96, subdivision 2; 115A.965, subdivision 1; 115A.9651, subdivision 3; 115A.97, subdivisions 5 and 6; 115A.981, subdivision 3; 116.07, subdivisions 4a and 4j; 116.072; 116.66, subdivisions 2 and 4; 116.92, subdivision 4; 400.16; 400.161; 473.149, subdivisions 1, 2d, 2e, 3, 4, and 6; 473.151; 473.516, subdivision 2; 473.801, subdivision 1, and by adding subdivisions; 473.8011; 473.803, subdivisions 1, 1c, 2, 2a, 3, 4, and 5; 473.804; 473.811, subdivisions 1, 4a, 5, 5c, 7, and 8; 473.813, subdivision 2; 473.823, subdivisions 3, 5, and 6; 473.843, subdivision 1; 473.844, subdivisions 1a and 4; 473.8441, subdivisions 2, 4, and 5; 473.845, subdivision 4; 473.846; and 473.848, subdivisions 2 and 4; Laws 1994, chapters 585, section 51; and 628, article 3, section 209; proposing coding for new law in Minnesota Statutes, chapters 16B; 115A; 116; 325E; and 480; repealing Minnesota Statutes 1994, sections 115A.81, subdivision 3; 115A.90, subdivision 3; 116.94; 383D.71, subdivision 2; 473.149, subdivisions 2, 2a, 2c, 2f, and 5; 473.181, subdivision 4; and 473.803, subdivisions 1b and 1e.

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

S. F. No. 1551, A bill for an act relating to agricultural economics; providing loans and incentives for agricultural energy resources development for family farms and cooperatives; amending Minnesota Statutes 1994, sections 41B.02, subdivision 19; 41B.046, subdivision 1, and by adding a subdivision; and 216C.41, subdivisions 1, 2, 3, and 4.

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

S. F. No. 1393, A bill for an act relating to public finance; providing conditions and requirements for the issuance of debt and use of the proceeds; authorizing use of capital improvement bonds for indoor ice arenas; exempting issuance of certain debt from election requirements; authorizing home rule charter cities to issue tax anticipation certificates; authorizing operation of certain recreational facilities; providing for the computation of tax increment from


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3727

certain hazardous substance subdistricts; authorizing continuing disclosure agreements; providing for funding of self-insurance by political subdivisions; providing for the issuance of temporary obligations and modifying issuance procedures; amending Minnesota Statutes 1994, sections 373.40, subdivision 1; 447.46; 462C.05, subdivision 1; 469.041; 469.174, subdivision 4, and by adding subdivisions; 469.175, subdivision 1; 469.177, subdivisions 1, 1a, and 2; 471.16, subdivision 1; 471.191, subdivisions 1 and 2; 471.98, subdivision 3; 471.981, subdivisions 2, 4a, 4b, and 4c; 475.51, subdivision 4; 475.52, subdivision 6; 475.58, subdivision 1, and by adding a subdivision; 475.60, by adding a subdivision; 475.61, by adding a subdivision; 475.63; and 475.79; Laws 1971, chapter 773, section 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 373; and 410.

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

S. F. No. 1543, A bill for an act relating to public finance; changing procedures for allocating bonding authority; changing provisions relating to housing programs and plans; amending Minnesota Statutes 1994, sections 462C.01; 462C.02, subdivision 3; 462C.04, subdivisions 2 and 3; 462C.071, subdivision 2; 474A.03, subdivisions 1 and 4; 474A.061, subdivisions 2a, 2c, 4, and 6; 474A.091, subdivisions 3 and 5; and 474A.131, subdivision 2; repealing Minnesota Statutes 1994, sections 462C.02, subdivision 2; 462C.03, subdivisions 1 and 5; and 462C.04, subdivision 1.

The bill was read for the first time.

Rest moved that S. F. No. 1543 and H. F. No. 1808, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 255, A bill for an act relating to elevators; regulating persons who may do elevator work; appropriating money; amending Minnesota Statutes 1994, sections 183.355, subdivision 3; 183.357, subdivisions 1, 2, and 4; and 183.358; proposing coding for new law in Minnesota Statutes, chapter 183.

The bill was read for the first time.

Carruthers moved that S. F. No. 255 and H. F. No. 398, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1173, A bill for an act relating to telecommunications; regulating the sale of local exchange service territory; proposing coding for new law in Minnesota Statutes, chapter 237.

The bill was read for the first time.

Kelley moved that S. F. No. 1173 and H. F. No. 1356, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 621, A bill for an act relating to game and fish; establishing hunting heritage week; designating mute swans as unprotected birds; providing procedures for seizure and confiscation of property; clarifying terms of short-term angling licenses; removing certain requirements relating to fish taken in Canada; specifying the areas in which deer may be taken under a license to take antlered deer in more than one zone; modifying reporting requirements; modifying hours for taking certain animals; modifying provisions relating to trapping; providing for posting of waters to prohibit fishing or motorboat operation; adjusting opening and closing dates of various seasons for taking fish; expanding the requirement to possess a trout and salmon stamp; modifying northern pike length limits; changing the date by which fish houses and dark houses must be removed from the ice in certain areas; authorizing the use of floating turtle traps; removing time limits on sale of fish by commercial licensees; requiring a plan for a firearms safety program; authorizing certain stocking activities; amending Minnesota Statutes 1994, sections 97A.015, subdivisions 28 and 52; 97A.221; 97A.451, subdivision 3; 97A.475, subdivisions 6 and 7; 97A.531, subdivision 1; 97B.061; 97B.075; 97B.301, by adding a subdivision; 97B.931; 97C.025; 97C.305, subdivision 1; 97C.345, subdivisions 1, 2, and 3; 97C.355, subdivision 7; 97C.371, subdivision 4; 97C.395, subdivision 1; 97C.401, subdivision 2; 97C.605, subdivision 3; and 97C.821; proposing coding for new law in Minnesota Statutes, chapter 10; repealing Minnesota Statutes 1994, sections 97A.531, subdivisions 2, 3, 4, 5, and 6; and 97B.301, subdivision 5.

The bill was read for the first time.

Milbert moved that S. F. No. 621 and H. F. No. 683, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3728

S. F. No. 734, A bill for an act relating to telecommunications; regulating the 911 system; imposing requirements on private switch telephone service; imposing a civil penalty; amending Minnesota Statutes 1994, sections 403.02, by adding subdivisions; and 403.04.

The bill was read for the first time.

Delmont moved that S. F. No. 734 and H. F. No. 1290, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 801, A bill for an act relating to health; recodifying and modifying provisions relating to lead abatement law; amending Minnesota Statutes 1994, sections 16B.61, subdivision 3; 116.87, subdivision 2; 144.99, subdivision 1; 268.92, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, and by adding a subdivision; and 462A.05, subdivision 15c; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1994, sections 115C.082, subdivision 2; 144.871; 144.872; 144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 144.8782; and 144.879.

The bill was read for the first time.

Clark moved that S. F. No. 801 and H. F. No. 506, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1279, A bill for an act relating to privacy; providing for the classification of and access to government data; clarifying data provisions; providing for survival of actions under the data practices act; computer matching; eliminating report requirements; imposing penalties; providing for the classification and release of booking photographs; conforming provisions dealing with financial assistance data; limiting the release of copies of videotapes of child abuse victims; requiring a court order in certain cases; amending Minnesota Statutes 1994, sections 13.03, subdivision 6; 13.06, subdivision 6; 13.072, subdivision 1, and by adding a subdivision; 13.08, subdivision 1; 13.10, subdivision 5; 13.31, subdivision 1; 13.32, subdivision 2; 13.43, subdivisions 2, 5, and by adding a subdivision; 13.46, subdivisions 1 and 2; 13.49; 13.50, subdivision 2; 13.551; 13.79; 13.793; 13.82, subdivisions 3a, 5, 6, 10, and by adding a subdivision; 13.83, subdivision 2; 13.89, subdivision 1; 13.90; 13.99, subdivisions 1, 12, 20, 21a, 42a, 54, 55, 64, 78, 79, 112, and by adding subdivisions; 41B.211; 144.0721, subdivision 2; 144.225, by adding a subdivision; 144.335, subdivisions 2 and 3a; 144.3351; 144.651, subdivisions 21 and 26; 253B.03, subdivisions 3 and 4; 260.161, by adding a subdivision; 268.12, subdivision 12; 270B.02, subdivision 3; 270B.03, subdivision 1; 270B.12, subdivision 2; 270B.14, subdivisions 1 and 11; 336.9-407; 336.9-411; 383B.225, subdivision 6; 388.24, subdivision 4; and 401.065, subdivision 3a; Laws 1993, chapter 192, section 110; proposing coding for new law in Minnesota Statutes, chapters 13; 13B; 270B; and 611A; repealing Minnesota Statutes 1994, sections 13.38, subdivision 4; 13.69, subdivision 2; 13.71, subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17; 13B.04; and Laws 1990, chapter 566, section 9, as amended.

The bill was read for the first time.

McGuire moved that S. F. No. 1279 and H. F. No. 1473, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

SPECIAL ORDERS

S. F. No. 1402 was reported to the House.

Wejcman moved to amend S. F. No. 1402 as follows:

Page 1, line 17, delete "government efficiency and oversight division" and insert "ways and means committee"

Page 1, line 18, delete "subcommittee on reform and innovation" and insert "committee on governmental operations and veterans"

The motion prevailed and the amendment was adopted.


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3729

Boudreau moved to amend S. F. No. 1402, as amended, as follows:

Page 1, line 22, delete "or" and after "practices" insert ", and staffing levels"

Page 2, line 1, delete "or" and after "practices" insert ", and staffing levels"

A roll call was requested and properly seconded.

The question was taken on the Boudreau amendment and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

S. F. No. 1402, A bill for an act relating to state government; asking state employees to submit suggestions to improve the efficiency and effectiveness of state government.

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 125 yeas and 4 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Leighton     Orfield      Swenson, D.
Anderson, B. Frerichs     Leppik       Osskopp      Swenson, H.
Bakk         Garcia       Lieder       Osthoff      Sykora
Bertram      Goodno       Lindner      Ostrom       Tomassoni
Bettermann   Greenfield   Long         Otremba      Tompkins
Bishop       Greiling     Lourey       Ozment       Trimble
Boudreau     Haas         Luther       Paulsen      Tuma
Bradley      Hackbarth    Lynch        Pellow       Tunheim
Broecker     Harder       Macklin      Pelowski     Van Dellen
Brown        Hasskamp     Mahon        Perlt        Van Engen
Carlson      Hausman      Mares        Peterson     Vickerman
Carruthers   Holsten      Mariani      Pugh         Wagenius
Clark        Huntley      Marko        Rest         Warkentin
Commers      Jaros        McCollum     Rhodes       Weaver
Cooper       Jefferson    McElroy      Rice         Wejcman
Daggett      Johnson, A.  McGuire      Rostberg     Wenzel
Dauner       Johnson, R.  Milbert      Rukavina     Winter
Davids       Johnson, V.  Molnau       Sarna        Wolf
Dawkins      Kahn         Mulder       Schumacher   Worke
Dehler       Kalis        Munger       Seagren      Workman

JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3730
Delmont Kelley Murphy Simoneau Sp.Anderson,I Dempsey Kelso Ness Skoglund Dorn Kinkel Olson, M. Smith Entenza Knoblach Onnen Solberg Erhardt Kraus Opatz Stanek Farrell Larsen Orenstein Sviggum
Those who voted in the negative were:

Girard       Knight       Koppendrayer Krinkie      
The bill was passed, as amended, and its title agreed to.

S. F. No. 243, A bill for an act relating to state lands; authorizing the sale of certain tax-forfeited lands bordering public waters in Dakota county to the city of Eagan.

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 125 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Trimble                   
The bill was passed and its title agreed to.

H. F. No. 1479 was reported to the House.

Long moved to amend H. F. No. 1479, the second engrossment, as follows:

Page 7, line 2, delete "To" and insert "For a facility to"

Page 7, line 5, delete "against the regulated entity" and insert "involving the facility"

Page 7, line 15, after "commissioner" insert ", and to a local governmental unit if the report identifies a violation of an ordinance enacted by the local governmental unit or of another legally binding requirement imposed by the local governmental unit,"


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3731

Page 11, after line 35, insert:

"Sec. 15. [NO EFFECT ON OTHER RIGHTS.]

Sections 7 to 16 do not affect, impair, or alter:

(1) rights of a regulated entity that chooses not to participate, or is not eligible to participate, in the environmental improvement pilot program; or

(2) rights of other persons relative to the matters addressed by the environmental improvement pilot program."

Page 12, line 16, delete "December 31, 1998" and insert "January 15, 1999"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Ozment, Leppik, Hausman, Kahn, Munger and Haas moved to amend H. F. No. 1479, the second engrossment, as amended, as follows:

Page 5, after line 9, insert:

"Sec. 7. Minnesota Statutes 1994, section 116.02, is amended to read:

116.02 [POLLUTION CONTROL AGENCY, CREATION.]

Subdivision 1. A pollution control agency, designated as the Minnesota pollution control agency, is hereby created. The agency shall consist of nine the commissioner and eight members appointed by the governor, by and with the advice and consent of the senate. One of such members shall be a person knowledgeable in the field of agriculture.

Subd. 2. The membership terms, compensation, removal of members, and filling of vacancies on the agency shall be as provided in section 15.0575.

Subd. 3. The membership of the pollution control agency shall be broadly representative of the skills and experience necessary to effectuate the policy of sections 116.01 to 116.075, except that no member appointed other than the commissioner shall be an officer or employee of the state or federal government. Only two members at one time may be officials or employees of a municipality or any governmental subdivision, but neither may be a member ex officio or otherwise on the management board of a municipal sanitary sewage disposal system.

Subd. 4. The commissioner shall serve as chair of the agency. The agency shall elect a chair and such other officers as it deems necessary.

Subd. 5. The pollution control agency is the successor of the water pollution control commission, and all powers and duties now vested in or imposed upon said commission by chapter 115, or any act amendatory thereof or supplementary thereto, are hereby transferred to, imposed upon, and vested in the Minnesota pollution control agency, except as to those matters pending before the commission in which hearings have been held and evidence has been adduced. The water pollution commission shall complete its action in such pending matters not later than six months from May 26, 1967. The water pollution control commission, as heretofore constituted, is hereby abolished, (a) effective upon completion of its action in the pending cases, as hereinbefore provided for; or (b) six months from May 26, 1967, whichever is the earlier."

Page 12, after line 18, insert:

"Sec. 20. [EFFECTIVE DATE.]

Section 7 is effective June 1, 1995."


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3732

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 1479, A bill for an act relating to the environment; establishing an environmental improvement pilot program to promote voluntary compliance with environmental requirements; modifying provisions relating to the voluntary investigation and cleanup program; amending Minnesota Statutes 1994, sections 115B.03, by adding subdivisions; 115B.17, by adding a subdivision; 115B.175, subdivisions 2 and 3; 115B.178, subdivision 1; and 116.02.

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 128 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Munger                    
The bill was passed, as amended, and its title agreed to.

S. F. No. 1404 was reported to the House.

Pugh moved that S. F. No. 1404 be continued on Special Orders. The motion prevailed.

S. F. No. 1199 was reported to the House.

Erhardt moved to amend S. F. No. 1199 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 168.101, subdivision 2, is amended to read:

Subd. 2. [UNLAWFUL TRANSFER TO MINOR.] Any person who knowingly sells or in any manner knowingly transfers title of a passenger automobile or truck to a person who is prohibited from owning a passenger automobile or truck under the provisions of subdivision 1 shall be guilty of a misdemeanor.


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3733

Subd. 2a. [FAILURE TO SEND TO REGISTRAR WITHIN TEN DAYS.] Any person who knowingly fails to mail in the application for registration or transfer with appropriate taxes and fees to the registrar of motor vehicles or otherwise fails to submit said forms and remittance to the registrar within 14 ten days following date of sale shall be guilty of a misdemeanor.

Sec. 2. Minnesota Statutes 1994, section 168.15, is amended to read:

168.15 [RIGHTS AS TO REGISTRATION CERTIFICATES AND NUMBER PLATES.]

Upon the transfer of ownership, destruction, theft, dismantling as such, or the permanent removal by the owner thereof from this state of any motor vehicle registered in accordance with the provisions of this chapter, the right of the owner of such vehicle to use the registration certificate and number plates assigned such vehicle shall expire, and such certificate and any existing plates shall be, by such owner, forthwith returned, with transportation prepaid, to the registrar with a signed notice of the date and manner of termination of ownership, giving the name and post office address, with street and number, if in a city, of the person to whom transferred. No fee may be charged for a return of plates under this section. When the ownership of a motor vehicle shall be transferred to another who shall forthwith register the same in the other's name, the registrar may permit the manual delivery of such plates to the new owner of such vehicle. When seeking to become the owner by gift, trade, or purchase of any vehicle for which a registration certificate has been theretofore issued under the provisions of this chapter, a person shall join with the registered owner in transmitting with the application the registration certificate, with the assignment and notice of sale duly executed upon the reverse side thereof, or, in case of loss of such certificate, with such proof of loss by sworn statement, in writing, as shall be satisfactory to the registrar. Upon the transfer of any motor vehicle by a manufacturer or dealer, for use within the state, whether by sale, lease, or otherwise, such manufacturer or dealer shall, within seven ten days after such transfer, file with the registrar a notice or report containing the date of such transfer, a description of such motor vehicles, and the name, street and number of residence, if in a city, and the post office address of the transferee, and shall transmit therewith the transferee's application for registration thereof.

Upon the transfer of any automobile engine or motor, except a new engine or motor, transferred with intent that the same be installed in a new automobile, and whether such transfer be made by a manufacturer or dealer, or otherwise, and whether by sale, lease or otherwise, the transferor shall, within two days after such transfer, file with the registrar a notice or report containing the date of such transfer and a description, together with the maker's number of the engine or motor, and the name and post office address of the purchaser, lessee, or other transferee.

Sec. 3. [168.301] [VEHICLE TRANSFER DEADLINES; FEES; SANCTIONS.]

Subdivision 1. [SURRENDER PLATES AND ASSIGN TAX PAID.] On transferring a motor vehicle, the transferor shall surrender the registration plates and assign the registration tax paid to the credit of the transferee.

Subd. 2. [TEN DAYS TO FILE.] The transferee's rights to the transferred vehicle's registration plates and credit for taxes paid on the vehicle expire after ten days have elapsed from the date of transfer unless the transfer has been filed as provided under section 168A.10.

Subd. 3. [LATE FEE.] In addition to any fee or tax otherwise authorized or imposed upon the transfer of title for a motor vehicle, the commissioner of public safety shall impose a $2 additional fee for failure to deliver a title transfer within 14 days.

Subd. 4. [REINSTATEMENT FEE.] When the commissioner has suspended license plates on a vehicle because the transferee has failed to deliver the title certificate within ten days as provided in subdivision 1, the transferee shall pay a $5 fee before the registration is reinstated.

Subd. 5. [VERIFICATION OF COMPLIANCE.] A person does not violate this section or section 168.09, subdivision 1, by reason of suspension, if the person provides verification from the registrar that the title transfer with fees and taxes were filed with the registrar prior to being cited for violating this section or the vehicle was purchased from a licensed Minnesota dealer. The verification of compliance must be presented to the appropriate law enforcement agency within seven days after being charged or to the court on or before the date set for appearance.

Subd. 6. [REGISTRATION SUSPENSION.] The commissioner of public safety may suspend the registration of any owner who violates this section.

Sec. 4. [REPEALER.]

Minnesota Statutes 1994, section 168A.10, subdivision 6, is repealed."


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3734

Delete the title and insert:

"A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; amending Minnesota Statutes 1994, sections 168.101, subdivision 2; and 168.15; proposing coding for new law in Minnesota Statutes, chapter 168; repealing Minnesota Statutes 1994, section 168A.10, subdivision 6."

The motion prevailed and the amendment was adopted.

Erhardt moved to amend S. F. No. 1199, as amended, as follows:

Page 4, after line 3, insert:

"Sec. 4. Minnesota Statutes 1994, section 168A.29, subdivision 3, is amended to read:

Subd. 3. [NO CERTIFICATE ISSUED UNTIL FEES PAID.] Subject to subdivision 2, the department shall not issue a certificate of title to a vehicle until all fees prescribed by sections 168.301, subdivision 3, and 168.54 and 168A.10, subdivision 6, with respect to any prior transfer of ownership or registration of the vehicle shall have been paid."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 1199, A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; appropriating money; amending Minnesota Statutes 1994, sections 168.101, subdivision 2; 168.11, subdivision 3; 168.15; 168.17; 168A.05, subdivision 5; and 168A.10, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 168; repealing Minnesota Statutes 1994, section 168A.10, subdivision 6.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, M.    Smith
Anderson, B. Frerichs     Kraus        Onnen        Solberg
Bakk         Garcia       Krinkie      Opatz        Stanek
Bertram      Girard       Larsen       Orenstein    Sviggum
Bettermann   Goodno       Leighton     Orfield      Swenson, D.
Bishop       Greenfield   Leppik       Osskopp      Swenson, H.
Boudreau     Greiling     Lieder       Osthoff      Sykora
Bradley      Haas         Lindner      Ostrom       Tomassoni

JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3735
Broecker Hackbarth Long Otremba Tompkins Brown Harder Luther Ozment Trimble Carlson Hasskamp Lynch Paulsen Tuma Carruthers Hausman Macklin Pawlenty Tunheim Clark Holsten Mahon Pellow Van Dellen Commers Huntley Mares Pelowski Van Engen Cooper Jaros Mariani Perlt Vickerman Daggett Jefferson Marko Peterson Wagenius Dauner Johnson, A. McCollum Pugh Warkentin Davids Johnson, R. McElroy Rest Weaver Dawkins Johnson, V. McGuire Rhodes Wejcman Dehler Kahn Milbert Rostberg Wenzel Delmont Kalis Molnau Rukavina Winter Dempsey Kelley Mulder Sarna Wolf Dorn Kelso Munger Schumacher Worke Entenza Kinkel Murphy Seagren Workman Erhardt Knight Ness Simoneau Sp.Anderson,I Farrell Knoblach Olson, E. Skoglund
The bill was passed, as amended, and its title agreed to.

CONSIDERATION UNDER RULE 1.10

Pursuant to rule 1.10, Rest requested immediate consideration of H. F. No. 431.

H. F. No. 431 was reported to the House.

Orfield moved to amend H. F. No. 431, the first engrossment, as follows:

Page 2, line 20, after "homestead" insert "growth"

Page 2, after line 29, insert:

"Sec. 5. Minnesota Statutes 1994, section 473F.02, is amended by adding a subdivision to read:

Subd. 28. [EXCESS HOMESTEAD GROWTH NET TAX CAPACITY.] "Excess homestead growth net tax capacity" for a municipality is its excess homestead net tax capacity for the current year minus its excess homestead net tax capacity for taxes assessed in 1994, payable in 1995. A municipality's excess homestead growth net tax capacity cannot be less than zero."

Renumber the remaining sections

Page 2, line 35, after "capacity" insert ", the excess homestead growth net tax capacity,"

Page 3, line 22, after "homestead" insert "growth"

Page 4, line 27, delete "the countywide ratio of" and insert "each municipality's "excess homestead areawide ratio" as"

Page 4, line 28, after "homestead" insert "growth"

Page 4, line 28, delete "for the previous year"

Page 4, line 29, delete "to" and insert "divided by"

Page 4, lines 31 and 32, delete ", multiplied by the excess homestead net tax capacity ratio,"

Page 4, line 32, after "to" insert "that portion of"

Page 4, line 33, delete "county" and insert "municipality equal to the excess homestead areawide ratio"

Page 5, line 21, after "homestead" insert "growth"

Page 6, after line 6, insert:

"Sec. 12. [CONFLICTING PROVISIONS.]

If a bill designated as H. F. 1156 or S. F. 1019 is enacted into law, and if that bill dedicates a portion of a municipality's net tax capacity to providing revenues for specific purposes, then "excess homestead net capacity," as defined in section 2, must exclude any net tax capacity dedicated to a specific purpose by H. F. 1156 or S. F. 1019."


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3736

Renumber the remaining sections

Page 6, line 29, delete "Sections 1 to 11 are" and insert "This act is"

Page 6, line 32, delete "Sections 1 to 11 are" and insert "This act is"

The motion prevailed and the amendment was adopted.

CALL OF THE HOUSE

On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

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

MOTION TO LAY ON THE TABLE

McElroy moved to lay H. F. No. 431, as amended, on the table.

A roll call was requested and properly seconded.

The question was taken on the McElroy motion and the roll was called. There were 66 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Larsen       Osskopp      Tompkins
Anderson, B. Girard       Leppik       Ozment       Tuma
Bettermann   Goodno       Lindner      Paulsen      Van Dellen
Bishop       Haas         Long         Pawlenty     Van Engen
Boudreau     Hackbarth    Lynch        Pellow       Vickerman
Bradley      Harder       Macklin      Rhodes       Warkentin
Broecker     Holsten      Mahon        Rostberg     Weaver
Commers      Johnson, V.  Mares        Seagren      Wolf
Daggett      Kelso        McElroy      Smith        Worke
Davids       Knight       Molnau       Stanek       Workman 
Dehler       Knoblach     Mulder       Sviggum      
Dempsey      Koppendrayer Ness         Swenson, D.  
Erhardt      Kraus        Olson, M.    Swenson, H.  
Finseth      Krinkie      Onnen        Sykora       

JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3737
Those who voted in the negative were:

Anderson, R. Garcia       Kinkel       Orenstein    Simoneau
Bakk         Greenfield   Leighton     Orfield      Skoglund
Bertram      Greiling     Lieder       Osthoff      Solberg
Brown        Hasskamp     Lourey       Ostrom       Tomassoni
Carlson      Hausman      Luther       Otremba      Trimble
Carruthers   Huntley      Mariani      Pelowski     Tunheim
Clark        Jaros        Marko        Perlt        Wagenius
Cooper       Jefferson    McCollum     Peterson     Wejcman
Dauner       Jennings     McGuire      Pugh         Wenzel
Dawkins      Johnson, A.  Milbert      Rest         Winter
Delmont      Johnson, R.  Munger       Rice         Sp.Anderson,I
Dorn         Kahn         Murphy       Rukavina     
Entenza      Kalis        Olson, E.    Sarna        
Farrell      Kelley       Opatz        Schumacher   
The motion did not prevail.

H. F. No. 431, A bill for an act relating to property taxation; including certain homestead property value in the areawide tax base; subjecting certain homestead property value to the areawide tax rate; amending Minnesota Statutes 1994, sections 473F.02, subdivision 8, and by adding subdivisions; 473F.05; 473F.07, subdivision 1; and 473F.08, subdivisions 2, 6, 8a, and by adding a subdivision.

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 71 yeas and 63 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kinkel       Orenstein    Skoglund
Bakk         Greenfield   Leighton     Orfield      Solberg
Bertram      Greiling     Lieder       Osthoff      Tomassoni
Brown        Haas         Long         Ostrom       Trimble
Carlson      Hasskamp     Lourey       Otremba      Tunheim
Carruthers   Hausman      Luther       Pelowski     Wagenius
Clark        Huntley      Mariani      Peterson     Warkentin
Cooper       Jaros        Marko        Pugh         Wejcman
Dauner       Jefferson    McCollum     Rest         Wenzel
Dawkins      Jennings     McGuire      Rhodes       Winter
Dehler       Johnson, A.  Milbert      Rice         Sp.Anderson,I
Delmont      Johnson, R.  Munger       Rukavina     
Dorn         Kahn         Murphy       Sarna        
Entenza      Kalis        Olson, E.    Schumacher   
Farrell      Kelley       Opatz        Simoneau     
Those who voted in the negative were:

Abrams       Frerichs     Krinkie      Onnen        Swenson, H.
Anderson, B. Girard       Larsen       Osskopp      Sykora
Bettermann   Goodno       Leppik       Ozment       Tompkins
Bishop       Hackbarth    Lindner      Paulsen      Tuma
Boudreau     Harder       Lynch        Pawlenty     Van Dellen
Bradley      Holsten      Macklin      Pellow       Van Engen
Broecker     Hugoson      Mahon        Perlt        Vickerman
Commers      Johnson, V.  Mares        Rostberg     Weaver
Daggett      Kelso        McElroy      Seagren      Wolf
Davids       Knight       Molnau       Smith        Worke
Dempsey      Knoblach     Mulder       Stanek       Workman 
Erhardt      Koppendrayer Ness         Sviggum      
Finseth      Kraus        Olson, M.    Swenson, D.  
The bill was passed, as amended, and its title agreed to.

There being no objection, the order of business reverted to Reports of Standing Committees.

REPORTS OF STANDING COMMITTEES

Solberg from the Committee on Ways and Means to which was referred:

H. F. No. 642, A bill for an act relating to workers' compensation; modifying provisions relating to insurance, procedures and benefits; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 60A.23,


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3738

subdivision 8; 60A.951, subdivisions 2 and 5; 60A.954, subdivision 1; 79.01, subdivision 1; 79.074, by adding subdivisions; 79.251, subdivision 5, and by adding a subdivision; 79.252, subdivisions 2, 5, and by adding a subdivision; 79.34, subdivision 2; 79.35; 79.50; 79.59, subdivision 4; 79A.01, subdivision 4, and by adding a subdivision; 79A.02, subdivisions 1, 2, and 4; 79A.03, by adding a subdivision; 79A.04, subdivisions 2 and 9; 79A.15; 175.007, subdivisions 1 and 3; 176.011, subdivisions 15 and 18; 176.021, subdivisions 3, 3a, and 7; 176.061, subdivision 10; 176.101, subdivisions 1, 2, 5, 6, and by adding a subdivision; 176.102, subdivisions 1, 4, 11, and by adding a subdivision; 176.105, subdivisions 2 and 4; 176.106, subdivision 7; 176.135, subdivisions 1 and 2; 176.178; 176.179; 176.181, subdivisions 2 and 2a; 176.191, subdivision 1; 176.221, subdivisions 1 and 6a; 176.225, by adding subdivisions; 176.238, subdivision 6; 176.645, subdivision 1; 176.66, subdivision 11; 176.83, subdivisions 1 and 2; 268.08, subdivision 3; 353.33, subdivisions 5 and 7; 353.656, subdivisions 2 and 4; 353C.08, subdivision 6; and 422A.18, subdivision 3; proposing coding for new law as Minnesota Statutes, chapter 79B; proposing coding for new law in Minnesota Statutes, chapters 79; and 176; repealing Minnesota Statutes 1994, sections 79.51; 79.52; 79.53; 79.54; 79.55; 79.56; 79.57; 79.58; 79.59, subdivisions 1, 2, 3, and 5; 79.60; 79.61; 79.62; 176.011, subdivisions 25 and 26; and 176.101, subdivisions 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 3u; Laws 1990, chapter 521, section 4; Minnesota Rules, parts 5223.0300 to 5223.0650.

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

The report was adopted.

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

H. F. No. 1542, A bill for an act relating to state departments; abolishing the department of public safety, the higher education coordinating board, the Minnesota racing commission, the gambling control board, the state lottery board, and the department of public service; transferring certain responsibilities and personnel to other agencies; creating new agencies; reducing certain appropriations; abolishing reports by state agencies to the legislature; amending Minnesota Statutes 1994, sections 3.732, subdivision 1; 8.33; 10A.01, subdivision 18; 10A.09, subdivision 1; 15.01; 15A.081, subdivision 1; 16B.14; 16B.46; 16B.54, subdivision 2; 43A.05, subdivision 4; 43A.34, subdivision 4; 65B.28, subdivision 2; 116C.03, subdivision 2; 126.663, subdivision 3; 126A.02, subdivision 2; 135A.12, subdivision 1; 135A.15, subdivision 1; 135A.153, subdivision 1; 136A.01; 136A.03; 136A.07; 136A.08; 136A.101, subdivisions 2 and 3; 136A.15, subdivisions 3 and 4; 136A.16, subdivision 1; 136A.233, subdivision 2; 136A.26, subdivisions 1 and 2; 136A.42; 136A.62, subdivision 2; 136A.69; 141.25, subdivision 8; 144.1487, subdivision 1; 144.1488, subdivisions 1 and 4; 144.1489, subdivisions 1, 3, and 4; 144.1490; 144.1491, subdivision 2; 161.125, subdivision 3; 161.20, subdivision 4; 161.465; 168.011, by adding subdivisions; 168.126, subdivision 3; 168.325; 169.751; 169.783, subdivision 1; 170.23; 170.24; 171.015; 216A.01; 216A.035; 216A.036; 216A.04; 216A.05, by adding a subdivision; 216A.07; 216A.085; 216A.095; 216B.02, subdivision 7, and by adding subdivisions; 216B.16, subdivision 2; 216B.162, subdivision 7; 216B.241, subdivisions 1 and 2; 216B.62; 216B.64; 216B.65; 216C.01, subdivisions 2, 3, and by adding a subdivision; 216C.10; 216C.19, subdivision 1; 216C.37, subdivision 1; 218.031, subdivision 2; 237.02; 237.075, subdivision 2; 237.295; 237.30; 239.01; 239.05, subdivisions 6c, 7a, and 8; 240.01, by adding subdivisions; 240.011; 240.03; 240.04; 240.05, subdivision 2; 240.06, subdivisions 3, 7, and 8; 240.07, subdivision 2; 240.08; 240.09, subdivision 3a; 240.155; 240.16; 240.18, subdivision 2; 240.21; 240.24; 240.28; 270.73, subdivision 1; 297B.01, subdivision 3; 297C.09; 297C.10, subdivision 1; 298.2214, subdivision 5; 299A.02; 299A.30; 299A.31, subdivision 1; 299A.331, subdivision 1; 299A.38, subdivision 1; 299C.01; 299C.03; 299C.06; 299C.13; 299C.50; 299F.01; 299F.05, subdivision 2; 299L.01; 299L.02, subdivisions 2, 3, 4, and 5; 299L.03, subdivisions 1, 4, 5, and 7; 340A.201; 347.51, subdivision 2a; 349.12, subdivision 10, and by adding subdivisions; 349.13; 349.151, subdivision 8; 349.152, subdivision 1; 349.153; 349.155, subdivision 4; 349.162, subdivisions 2 and 6; 349.163, subdivision 6; 349.165, subdivision 2; 349.18, subdivision 1; 349.19, subdivision 6; 349A.01, by adding a subdivision; 349A.02, subdivisions 1 and 8; 349A.03, subdivision 2; 349A.04; 349A.05; 349A.06, subdivision 2; 349A.08, subdivision 7; 349A.11; 349A.12, subdivision 4; 352B.01, subdivision 2; 360.0752, subdivision 7; 360.0753, subdivision 6; 611A.20, subdivision 2; 624.7151; 626.5531, subdivision 2; 626.562, subdivision 1; 634.16; proposing coding for new law in Minnesota Statutes, chapters 8; 135A; 136A; 216C; 349B; repealing Minnesota Statutes 1994, sections 135A.052, subdivisions 2 and 3; 135A.08; 135A.09; 135A.10; 135A.11; 135A.12, subdivision 5; 136A.02; 136A.04; 136A.041; 136A.1352; 136A.1353; 136A.1354; 136A.85; 136A.86; 136A.87; 136A.88; 144.1488, subdivision 2; 148.236; 216A.06; 216B.02, subdivision 8; 237.69, subdivision 3; 240.01, subdivision 4; 240.02; 270B.12, subdivision 4; 299A.01; 349.12, subdivision 6; 349.151, subdivisions 1, 2, and 3a; 349.152, subdivision 4; 349A.01, subdivision 2; 349A.03, subdivision 1; Laws 1987, chapter 315, section 4, subdivision 2; Laws 1990, chapters 571, section 39, and 594, article 3, sections 6 and 7.

Reported the same back with the following amendments:

Page 2, delete lines 34 and 35


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Pages 2 to 41, delete sections 1 to 56

Page 42, after line 2, insert:

"Section 1. Minnesota Statutes 1994, section 126.56, is amended to read:

126.56 [SUMMER SCHOLARSHIPS FOR ACADEMIC ENRICHMENT.]

Subdivision 1. [ESTABLISHMENT.] A scholarship program is established to enable secondary students to attend summer programs sponsored by post-secondary institutions.

Subd. 2. [ELIGIBLE STUDENT.] To be eligible for a scholarship, a student shall:

(1) be a United States citizen or permanent resident of the United States;

(2) be a resident of Minnesota;

(3) attend an eligible program;

(4) have completed at least one year of secondary school but not have graduated from high school;

(5) have earned at least a B average during the semester or quarter prior to application, or have earned at least a B average during the semester or quarter prior to application in the academic subject area applicable to the summer program the student wishes to attend; and

(6) demonstrate need for financial assistance.

Subd. 3. [FINANCIAL NEED.] Need for financial assistance shall be based on family income, family size, and special necessary expenditures of the family. The higher education coordinating board services office shall review the financial need of each pupil to meet the actual costs of attending the summer program, as determined by the institution sponsoring the summer program. The board office shall award scholarships within the limits of the appropriation for this section. If the amount appropriated is insufficient, the board shall allocate the amount appropriated in the manner it determines. A scholarship shall not exceed $1,000.

Subd. 4. [ELIGIBLE INSTITUTIONS.] A scholarship may be used only at an eligible institution. A Minnesota public post-secondary institution is an eligible institution. A private post-secondary institution is eligible if it:

(1) is accredited by the North Central Association of Colleges;

(2) offers an associate or baccalaureate degree program approved under section 136A.65, subdivision 1; and

(3) is located in Minnesota.

Subd. 4a. [ELIGIBLE PROGRAMS.] A scholarship may be used only for an eligible program. To be eligible, a program must:

(1) provide, as its primary purpose, academic instruction for student enrichment in curricular areas including, but not limited to, communications, humanities, social studies, social science, science, mathematics, art, or foreign languages;

(2) not be offered for credit to post-secondary students;

(3) not provide remedial instruction;

(4) meet any other program requirements established by the state board of education and the higher education coordinating board services office; and

(5) be approved by the commissioner.

Subd. 5. [ADVISORY COMMITTEE.] An advisory committee shall assist the state board of education in approving eligible programs and shall assist the higher education coordinating board services office in planning, implementing, and evaluating the scholarship program. The committee shall consist of 11 members, to include the executive director


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of the higher education coordinating board services office or a representative, the commissioner of education or a representative, two secondary school administrators and two secondary teachers appointed by the commissioner of education, the executive director of the academic excellence foundation, a private college representative appointed by the president of the Minnesota private college council, a community college representative appointed by the community college chancellor, a state university representative appointed by the state university chancellor, and a University of Minnesota representative appointed by the president of the University of Minnesota. The committee expires June 30, 1995 1997.

Subd. 6. [INFORMATION.] The higher education coordinating board services office, in cooperation with the academic excellence foundation, shall assemble and distribute information about scholarships and eligible programs.

Subd. 7. [ADMINISTRATION.] The higher education coordinating board services office and commissioner shall determine the time and manner for scholarship applications, awards, and program approval.

Subd. 8. [EXEMPTION FROM RULEMAKING.] Sections 14.01 to 14.47 do not apply to this section."

Page 46, line 21, delete "financial"

Page 46, line 22, delete the new language and strike "some aspect" and insert "financial aid and other aspects"

Page 58, line 22, after the period, insert "All obligations related to bond covenants entered into under Minnesota Statutes, sections 136A.15 to 136A.1702, are transferred to the higher education services office under Minnesota Statutes, section 15.039, subdivision 5a."

Page 59, line 31, after "136A.041;" insert "136A.125, subdivision 5;"

Pages 59 and 60, delete section 1 and insert:

"Section 1. Minnesota Statutes 1994, section 240.011, is amended to read:

240.011 [APPOINTMENT OF DIRECTOR.]

The governor shall appoint the a director of the Minnesota racing commission pari-mutuel racing, who serves in the unclassified service at the governor's pleasure. The director must be a person qualified by experience in the administration and regulation of pari-mutuel racing to discharge the duties of the director. The governor must select a director from a list of one or more names submitted by the Minnesota racing commission.

Sec. 2. Minnesota Statutes 1994, section 240.03, is amended to read:

240.03 [COMMISSION POWERS AND DUTIES.]

The commission director has the following powers and duties:

(1) to regulate horse racing in Minnesota to ensure that it is conducted in the public interest;

(2) to issue licenses as provided in this chapter;

(3) to enforce all laws and rules governing horse racing;

(4) to collect and distribute all taxes provided for in this chapter;

(5) to conduct necessary investigations and inquiries and compel the submission of information, documents, and records it the director deems necessary to carry out its the director's duties;

(6) to supervise the conduct of pari-mutuel betting on horse racing;

(7) to employ and supervise personnel under this chapter;

(8) to determine the number of racing days to be held in the state and at each licensed racetrack; and

(9) to take all necessary steps to ensure the integrity of racing in Minnesota.


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Sec. 3. Minnesota Statutes 1994, section 240.04, is amended to read:

240.04 [EMPLOYEES.]

Subdivision 1. [DIRECTOR; DUTIES.] The director shall perform the following duties:

(a) take and preserve records of all proceedings before the commission, maintain its books, documents, and records, and make them available for public inspection as the commission directs;

(b) if so designated by the commission, act as a hearing officer in hearings which need not be conducted under the administrative procedure act to conduct hearings, receive testimony and exhibits, and certify the record of proceedings to the commission;

(c) act as the commission's chief personnel officer and supervise the employment, conduct, duties, and discipline of commission employees; and

(d) perform other duties as directed by the commission.

Subd. 1a. [DEPUTY DIRECTOR.] The commission may appoint a deputy director who serves in the unclassified service at the commission's pleasure.

Subd. 2. [DIRECTOR OF PARI-MUTUELS.] The commission director may employ a director of pari-mutuels who serves in the unclassified service at the commission's director's pleasure. The director of pari-mutuels shall perform the following duties:

(a) supervise all forms of pari-mutuel betting on horse racing in the state;

(b) inspect all machinery;

(c) make reports on pari-mutuel betting as the commission director directs;

(d) subject to commission director approval, appoint assistants to perform duties the commission director designates; and

(e) perform other duties as directed by the commission director.

If no director of pari-mutuels is appointed the duties of that office are assigned to the executive director. The commission may contract with outside services or personnel to assist the executive director in the performance of these duties.

Subd. 3. [DIRECTOR OF RACING SECURITY.] The commission director may appoint a director of racing security to serve in the unclassified service at the commission's director's pleasure. The director of racing security shall enforce all laws and commission rules relating to the security and integrity of racing. The director of racing security and all other persons designated by the commission director as security officers have free and open access to all areas of all facilities the commission director licenses and may search without a search warrant any part of a licensed racetrack and the person of any licensee of the commission director on the premises. The director of racing security may order a licensee to take, at the licensee's expense, security measures necessary to protect the integrity of racing, but the order may be appealed to the commission director. Nothing in this chapter prohibits law enforcement authorities and agents from entering, in the performance of their duties, a premises licensed under Laws 1983, chapter 214.

If no director of racing security is appointed the duties of that office are assigned to the executive director. The commission may contract with outside services or personnel to assist the executive director in the performance of these duties.

Subd. 4. [VETERINARIAN.] The commission director may appoint a veterinarian who must be a doctor of veterinary medicine and who serves at its the director's pleasure in the unclassified service. The veterinarian shall, while employed by the commission director, perform the following duties:

(a) supervise the formulation, administration, and evaluation of all medical tests the commission's director's rules require or authorize;


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(b) advise the commission director on all aspects of veterinary medicine relating to its the director's powers and duties; and

(c) supervise all personnel involved in medical testing, subject to the supervision of the executive director.

If no veterinarian is appointed, the duties of that office may be assigned to the executive director. The commission may contract with outside personnel to assist the executive director in the performance of these duties.

The commission director may require that a licensee reimburse it the state general fund for the costs of services provided by assistant veterinarians.

Subd. 5. [OTHER EMPLOYEES.] Subject to applicable laws, the commission director shall employ and assign duties to other officers, employees, and agents as it the director deems necessary to discharge its the director's functions.

Subd. 6. [COMPENSATION.] The compensation of all commission employees shall be as provided in chapter 43A.

Subd. 7. [ASSISTANCE.] The commission and director may request assistance from any department or agency of the state in fulfilling its the director's duties, and shall make appropriate reimbursement for all such assistance.

Sec. 4. Minnesota Statutes 1994, section 240.28, is amended to read:

240.28 [CONFLICT OF INTEREST.]

Subdivision 1. [FINANCIAL INTEREST.] No person may serve on as director or be employed by the commission director who has an interest in any corporation, association, or partnership which holds a license from the commission director or which holds a contract to supply goods or services to a licensee or at a licensed racetrack, including concessions contracts. No member or Neither the director nor an employee of the commission director may own, wholly or in part, or have an interest in a horse which races at a licensed racetrack in Minnesota. No member or Neither the director nor an employee of the commission director may have a financial interest in or be employed in a profession or business which conflicts with the performance of duties as a member director or employee.

Subd. 2. [BETTING.] No member or Neither the director nor an employee of the commission director may bet or cause a bet to be made on a race at a licensed racetrack while serving on or being employed by the commission. No person appointed or approved by the director as a steward may bet or cause a bet to be made at a licensed racetrack during a racing meeting at which the person is serving as a steward. The commission director shall by rule prescribe such restrictions on betting by its director's licensees as it the director deems necessary to protect the integrity of racing.

Subd. 3. [VIOLATION.] A violation of subdivisions 1 and 2 is grounds for removal from the commission as director or termination of employment. A bet made directly or indirectly by a licensee in violation of a rule made by the commission director under subdivision 2 is grounds for suspension or revocation of the license.

Sec. 5. [240.30] [COMMISSION ABOLISHED.]

The Minnesota racing commission is abolished on July 1, 1995. The terms of all members of the commission serving on that date expire on that date. All powers, duties, and responsibilities of the commission are transferred to the director of pari-mutuel racing.

Sec. 6. Minnesota Statutes 1994, section 299L.02, subdivision 2, is amended to read:

Subd. 2. [GAMBLING.] The director shall:

(1) conduct background investigations of applicants for licensing as a manufacturer or distributor of gambling equipment or as a bingo hall under chapter 349; and

(2) when requested by the director of lawful gambling control, or when the director believes it to be reasonable and necessary, inspect the premises of a licensee under chapter 349 to determine compliance with law and with the rules of the board director of lawful gambling, or to conduct an audit of the accounts, books, records, or other documents required to be kept by the licensee.

The director may charge applicants under clause (1) a reasonable fee to cover the costs of the investigation.


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Sec. 7. Minnesota Statutes 1994, section 349.12, subdivision 10, is amended to read:

Subd. 10. [DIRECTOR.] "Director" is the director of the lawful gambling control board.

Sec. 8. Minnesota Statutes 1994, section 349.151, is amended to read:

349.151 [DIRECTOR OF LAWFUL GAMBLING CONTROL BOARD.]

Subdivision 1. [BOARD CREATED.] The gambling control board is created with the powers and duties established by subdivision 4.

Subd. 2. [MEMBERSHIP.] (a) On and after July 1, 1991, the board consists of seven members, as follows: (1) those members appointed by the governor before July 1, 1991, whose terms expire June 30, 1992, June 30, 1993, and June 30, 1994; (2) one member appointed by the governor for a term expiring June 30, 1994; (3) one member appointed by the commissioner of public safety for a term expiring June 30, 1995; and (4) one member appointed by the attorney general for a term expiring June 30, 1995.

(b) All appointments under this subdivision are with the advice and consent of the senate.

(c) After expiration of the initial terms, appointments are for four years.

(d) The board shall select one of its members to serve as chair. No more than three members appointed by the governor under this subdivision may belong to the same political party.

Subd. 3a. [COMPENSATION.] The compensation of board members is as provided in section 15.0575, subdivision 3.

Subd. 3b. [DIRECTOR.] A director of lawful gambling shall be appointed by the governor with the advice and consent of the senate. The director serves in the unclassified service at the pleasure of the governor.

Subd. 4. [POWERS AND DUTIES.] (a) The board director has the following powers and duties:

(1) to regulate lawful gambling to ensure it is conducted in the public interest;

(2) to issue licenses to organizations, distributors, bingo halls, manufacturers, and gambling managers;

(3) to collect and deposit license, permit, and registration fees due under this chapter;

(4) to receive reports required by this chapter and inspect all premises, records, books, and other documents of organizations, distributors, manufacturers, and bingo halls to insure compliance with all applicable laws and rules;

(5) to make rules authorized by this chapter;

(6) to register gambling equipment and issue registration stamps;

(7) to provide by rule for the mandatory posting by organizations conducting lawful gambling of rules of play and the odds and/or house percentage on each form of lawful gambling;

(8) to report annually to the governor and legislature on its the director's activities and on recommended changes in the laws governing gambling;

(9) to impose civil penalties of not more than $500 per violation on organizations, distributors, manufacturers, bingo halls, and gambling managers for failure to comply with any provision of this chapter or any rule or order of the board director;

(10) to issue premises permits to organizations licensed to conduct lawful gambling;

(11) to delegate to the director the authority to issue or deny license and premises permit applications and renewals under criteria established by the board;


JOURNAL OF THE HOUSE - 53rd Day - Top of Page 3744

(12) to suspend or revoke licenses and premises permits of organizations, distributors, manufacturers, bingo halls, or gambling managers as provided in this chapter;

(13) (12) to register employees of organizations licensed to conduct lawful gambling;

(14) (13) to require fingerprints from persons determined by board rule to be subject to fingerprinting;

(15) to delegate to a compliance review group of the board the authority to investigate alleged violations, issue consent orders, and initiate contested cases on behalf of the board;

(16) (14) to order organizations, distributors, manufacturers, bingo halls, and gambling managers to take corrective actions; and

(17) (15) to take all necessary steps to ensure the integrity of and public confidence in lawful gambling.

(b) The board, or director if authorized to act on behalf of the board, may by citation assess any organization, distributor, manufacturer, bingo hall licensee, or gambling manager a civil penalty of not more than $500 per violation for a failure to comply with any provision of this chapter or any rule adopted or order issued by the board director. Any organization, distributor, bingo hall licensee, gambling manager, or manufacturer assessed a civil penalty under this paragraph may request a hearing before the board director. Appeals of citations imposing a civil penalty are not subject to the provisions of the administrative procedure act.

(c) All fees and penalties received by the board director must be deposited in the general fund.

Subd. 4a. [PADDLEWHEEL RULES.] The board shall promulgate rules governing paddlewheels before July 1, 1992. The rules must provide for operation procedures, internal control standards, posted information, records, and reports.

Subd. 4b. [PULL-TAB SALES FROM DISPENSING DEVICES.] (a) The board director may by rule authorize but not require the use of pull-tab dispensing devices.

(b) Rules adopted under paragraph (a):

(1) must limit the number of pull-tab dispensing devices on any permitted premises to three;

(2) must limit the use of pull-tab dispensing devices to a permitted premises which is (i) a licensed premises for on-sales of intoxicating liquor or 3.2 percent malt beverages or (ii) a licensed bingo hall that allows gambling only by persons 18 years or older; and

(3) must prohibit the use of pull-tab dispensing devices at any licensed premises where pull-tabs are sold other than through a pull-tab dispensing device by an employee of the organization who is also the lessor or an employee of the lessor.

Subd. 5. [ATTORNEY GENERAL.] The attorney general is the attorney for the board director.

Subd. 7. [ORDERS.] The board director may order any person subject to its the director's jurisdiction who has violated this chapter or a board rule or order to take appropriate action to correct the violation.

Subd. 8. [CRIMINAL HISTORY.] The board director may request the director of gambling enforcement to assist in investigating the background of an applicant for a license under this chapter, and the director of gambling enforcement may bill the license applicant for the cost thereof. The board director has access to all criminal history data compiled by the division of gambling enforcement on licensees and applicants.

Subd. 9. [RESPONSE TO REQUESTS.] An applicant, licensee, or other person subject to the board's director's jurisdiction must:

(1) comply with requests for information or documents, or other requests, from the board or director within the time specified in the request or, if no time is specified, within 30 days of the date the board or director mails the request; and

(2) appear before the board or director when requested to do so, and must bring documents or materials requested by the board or director.


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Subd. 10. [PRODUCTION OF EVIDENCE.] For the purpose of any investigation, inspection, compliance review, audit, or proceeding under this chapter, the board or director may (1) administer oaths and affirmations, (2) subpoena witnesses and compel their attendance, (3) take evidence, and (4) require the production of books, papers, correspondence, memoranda, agreements, or other documents or records that the board or director determines are relevant or material to the inquiry.

Subd. 11. [COURT ORDERS.] In the event of a refusal to appear by, or refusal to obey a subpoena issued to, any person under this chapter, the district court may on application of the board or director issue to the person an order directing the person to appear before the board or director, and to produce documentary evidence if so ordered or to give evidence relating to the matter under investigation or in question. Failure to obey such an order may be punished by the court as contempt of court.

Subd. 12. [ACCESS.] The board or director has free access during normal business hours to the offices and places of business of licensees or organizations conducting excluded or exempt gambling, and to all books, accounts, papers, records, files, safes, and vaults maintained in the places of business or required to be maintained.

Subd. 13. [RULEMAKING.] In addition to any authority to adopt rules specifically authorized under this chapter, the board director may adopt, amend, or repeal rules, including emergency rules, under chapter 14, when necessary or proper in discharging the board's director's powers and duties.

Sec. 9. Minnesota Statutes 1994, section 349.153, is amended to read:

349.153 [CONFLICT OF INTEREST.]

(a) A person may not serve on the board, be the director, or be an employee of the board director, who has an interest in any corporation, association, limited liability company, or partnership that is licensed by the board director as a distributor, manufacturer, or a bingo hall under section 349.164.

(b) A member of the board, The director, or an employee of the board director may not accept employment with, receive compensation directly or indirectly from, or enter into a contractual relationship with an organization that conducts lawful gambling, a distributor, a bingo hall or a manufacturer while serving as the director or while employed with or a member of the board by the director, or within one year after terminating employment with or leaving the board office.

(c) A distributor, bingo hall, manufacturer, or organization licensed to conduct lawful gambling may not hire the director or a former employee, director, or member of the gambling control board of the office for one year after the employee, or director, or member has terminated employment with or left the gambling control board service as director or employee.

Sec. 10. [349.24] [BOARD ABOLISHED.]

The gambling control board is abolished on July 1, 1995. The terms of all members serving on the board on that date expire on that date. All powers, duties, and responsibilities of the board are transferred to the director of lawful gambling.

Sec. 11. Minnesota Statutes 1994, section 349A.02, subdivision 1, is amended to read:

Subdivision 1. [DIRECTOR.] A state lottery is established under the supervision and control of the director of the state lottery appointed by the governor with the advice and consent of the senate. The governor shall appoint the director from a list of at least three persons recommended to the governor by the board. The director must be qualified by experience and training to supervise the lottery. The director serves in the unclassified service. The annual salary rate authorized for the director is equal to 80 percent of the salary rate prescribed for the governor as of the effective date of Laws 1993, chapter 146.

Sec. 12. Minnesota Statutes 1994, section 349A.04, is amended to read:

349A.04 [LOTTERY GAME PROCEDURES.]

The director may adopt game procedures governing the following elements of the lottery:

(1) lottery games;

(2) ticket prices;


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(3) number and size of prizes;

(4) methods of selecting winning tickets; and

(5) frequency and method of drawings.

The adoption of lottery game procedures is not subject to chapter 14. Before adopting a lottery game procedure, the director shall submit the procedure to the board for its review and comment.

Sec. 13. Minnesota Statutes 1994, section 349A.05, is amended to read:

349A.05 [RULES.]

The director may adopt rules, including emergency rules, under chapter 14 governing the following elements of the lottery:

(1) the number and types of lottery retailers' locations;

(2) qualifications of lottery retailers and application procedures for lottery retailer contracts;

(3) investigation of lottery retailer applicants;

(4) appeal procedures for denial, suspension, or cancellation of lottery retailer contracts;

(5) compensation of lottery retailers;

(6) accounting for and deposit of lottery revenues by lottery retailers;

(7) procedures for issuing lottery procurement contracts and for the investigation of bidders on those contracts;

(8) payment of prizes;

(9) procedures needed to ensure the integrity and security of the lottery; and

(10) other rules the director considers necessary for the efficient operation and administration of the lottery.

Before adopting a rule the director shall submit the rule to the board for its review and comment.

Sec. 14. Minnesota Statutes 1994, section 349A.06, subdivision 2, is amended to read:

Subd. 2. [QUALIFICATIONS.] (a) The director may not contract with a retailer who:

(1) is under the age of 18;

(2) is in business solely as a seller of lottery tickets;

(3) owes $500 or more in delinquent taxes as defined in section 270.72;

(4) has been convicted within the previous five years of a felony or gross misdemeanor, any crime involving fraud or misrepresentation, or a gambling-related offense;

(5) is a member of the immediate family, residing in the same household, as the director, board member, or any employee of the lottery;

(6) in the director's judgment does not have the financial stability or responsibility to act as a lottery retailer, or whose contracting as a lottery retailer would adversely affect the public health, welfare, and safety, or endanger the security and integrity of the lottery; or

(7) is a currency exchange, as defined in section 53A.01.


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A contract entered into before August 1, 1990, which violates clause (7) may continue in effect until its expiration but may not be renewed.

(b) An organization, firm, partnership, or corporation that has a stockholder who owns more than five percent of the business or the stock of the corporation, an officer, or director, that does not meet the requirements of paragraph (a), clause (4), is not eligible to be a lottery retailer under this section.

(c) The restrictions under paragraph (a), clause (4), do not apply to an organization, partnership, or corporation if the director determines that the organization, partnership, or firm has terminated its relationship with the individual whose actions directly contributed to the disqualification under this subdivision.

Sec. 15. Minnesota Statutes 1994, section 349A.08, subdivision 7, is amended to read:

Subd. 7. [PAYMENTS PROHIBITED.] (a) No prize may be paid to a member of the board, the director or an employee of the lottery, or a member of their families residing in the same household of the member, director, or employee. No prize may be paid to an officer or employee of a vendor which at the time the game or drawing was being conducted was involved with providing goods or services to the lottery under a lottery procurement contract.

(b) No prize may be paid for a stolen, altered, or fraudulent ticket.

Sec. 16. Minnesota Statutes 1994, section 349A.11, is amended to read:

349A.11 [CONFLICT OF INTEREST.]

(a) The director, a board member, an employee of the lottery, a member of the immediate family of the director, board member, or employee residing in the same household may not:

(1) purchase a lottery ticket;

(2) have any personal pecuniary interest in any vendor holding a lottery procurement contract, or in any lottery retailer; or

(3) receive any gift, gratuity, or other thing of value, excluding food or beverage, from any lottery vendor or lottery retailer, or person applying to be a retailer or vendor, in excess of $100 in any calendar year.

(b) A violation of paragraph (a), clause (1), is a misdemeanor. A violation of paragraph (a), clause (2), is a gross misdemeanor. A violation of paragraph (a), clause (3), is a misdemeanor unless the gift, gratuity, or other item of value received has a value in excess of $500, in which case a violation is a gross misdemeanor.

(c) The director or an unclassified employee of the lottery may not, within one year of terminating employment with the lottery, accept employment with, act as an agent or attorney for, or otherwise represent any person, corporation, or entity that had any lottery procurement contract or bid for a lottery procurement contract with the lottery within a period of two years prior to the termination of their employment. A violation of this paragraph is a misdemeanor.

Sec. 17. Minnesota Statutes 1994, section 349A.12, subdivision 4, is amended to read:

Subd. 4. [LOTTERY RETAILERS AND VENDORS.] A person who is a lottery retailer, or is applying to be a lottery retailer, a person applying for a contract with the director, or a person under contract with the director to supply goods or services to lottery may not pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service, excluding food or beverage, having an aggregate value of over $100 in any calendar year to the director, board member, employee of the lottery, or to a member of the immediate family residing in the same household as that person.

Sec. 18. [DIRECTORS.]

The directors of the Minnesota racing commission and gambling control board on the effective date of this section continue in the positions of director of pari-mutuel racing and lawful gambling, respectively, in the unclassified service.


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Sec. 19. [REVISOR INSTRUCTION.]

The revisor of statutes shall make the following changes in Minnesota Statutes, and similar changes in Minnesota Statutes and Minnesota Rules, and conforming stylistic changes, to conform to legislative intent as expressed in this act:

(1) "commission" to "director," and "racing commission" to "director of pari-mutuel racing," in Minnesota Statutes, section 240.01, subdivisions 9, 10, and 16; 240.05; 240.06; 240.07; 240.08; 240.09; 240.10; 240.12; 240.13; 240.14; 240.15; 240.155; 240.16; 240.17; 240.18; 240.19; 240.20; 240.21; 240.22; 240.23; 240.24; 240.25; 240.27; 240.29; 299L.01, subdivision 4; 299L.02, subdivision 3; and 299L.03, subdivision 3;

(2) "board" to "director," and "gambling control board" to "director of lawful gambling," in Minnesota Statutes, section 297E.02, subdivision 2 and 7; 299L.03, subdivision 4; 349.12, subdivisions 3, 3a, and 25; 349.15; 349.154; 349.155; 349.16; 349.161; 349.162; 349.163; 349.164; 349.1641; 349.165; 349.166; 349.167; 349.168; 349.169; 349.17; 349.172; 349.18; 349.19; 349.191; 349.211; 349.2123; 349.2125; 349.2127; and 349.213.

Sec. 20. [REPEALER.]

Minnesota Statutes 1994, section 240.01, subdivision 4; 240.02; 240.04, subdivisions 1 and 1a; 349.12, subdivision 6; 349.152, subdivisions 1 and 2; 349A.01, subdivision 2; 349A.02, subdivision 8; and 349A.03, are repealed."

Page 60, delete lines 12 to 36

Page 61, delete line 1

Pages 61 to 96, delete sections 1 to 60

Page 96, line 7, delete "ABOLISHED"

Pages 96 and 97, delete section 1

Page 97, delete lines 23 and 24

Pages 97 to 127, delete sections 1 to 39 and insert:

"Section 1. [DEPARTMENT OF PUBLIC SERVICE ABOLISHED; RESPONSIBILITIES TRANSFERRED.]

Subdivision 1. [DEPARTMENT ABOLISHED; RESPONSIBILITIES TRANSFERRED.] The department of public service is abolished. The responsibilities held by the department are transferred to the public utilities agency, unless otherwise specified in this act. Except as otherwise provided by this act, the responsibilities of the department must be transferred under Minnesota Statutes, section 15.039. For the purposes of this act, "responsibilities" means the powers, duties, rights, obligations, rules, court actions, contracts, records, property of every description, unexpended funds, personnel, and authority imposed by law of the department of public service.

Subd. 2. [SPECIFIC POSITIONS ABOLISHED.] The following positions in the department of public service are not transferred to a receiving agency and are specifically abolished:

(1) commissioner; and

(2) deputy commissioner.

Subd. 3. [ATTORNEY GENERAL.] The responsibility for intervention as a party in all public utility and telecommunications matters before the public utilities commission is transferred to the attorney general's office.

Subd. 4. [RULES.] All rules adopted by the department of public service before the effective date of this section become rules of the public utilities agency.

Sec. 2. [UNIFIED REGULATORY AND ADMINISTRATIVE STRUCTURE.]

By October 15, 1995, the commissioner of the department of public service and the chair of the public utilities commission shall jointly submit to the legislature a plan for a unified regulatory and administrative structure


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incorporating the remaining functions and responsibilities of the department of public service and public utilities commission. The plan shall provide for:

(1) the transfer of the public utilities commission to the public utilities agency;

(2) an administrative structure which will provide for the greatest possible independence of the public utilities commission in its exercise of quasi-judicial functions within the public utilities agency;

(3) the assignment to the public utilities commission of such duties and responsibilities as are quasi-judicial in nature;

(4) the joint provision of, administrative and support services including, but not limited to, personnel, purchasing, budgeting, information systems, and other such services;

(5) a reduction in staffing levels, from the existing staff of both the department and the commission, to achieve the expected savings from the unified structure;

(6) a recommendation for changes in the statutory provisions, and recodification of such provisions in chapter 216E, regarding the department and the commission necessary to carry out the policies of this act, including the identification of obsolete, redundant or unnecessary functions that are currently required of the department or the commission; and

(7) recommendations regarding the appropriate number of commissioners on the public utilities commission within the agency.

The reduction of staff in the department and the commission under clause (5) must be proportionate to the number of staff in each group prior to the unified structure. The percentage of managerial positions reduced in the department and the commission must be at least as great as the percentage of nonmanagerial positions reduced in each group.

Sec. 3. [216E.01] [THE PUBLIC UTILITIES AGENCY.]

There is hereby created and established the public utilities agency, which shall have and possess all of the rights and powers and perform all of the duties vested in it by this chapter.

Sec. 4. [EFFECTIVE DATE.]

Sections 1 and 3 are effective on July 1, 1996. Section 2 is effective on the day following final enactment."

Page 127, line 7, delete "ABOLISHED"

Page 127, delete sections 1 and 2 and insert:

"Section 1. [REVIEW.]

By January 15, 1996, each standing committee in the house of representatives and the senate shall review statutory requirements for periodic reports to the legislature from a state agency. Each committee shall report to the governmental operations committee in its respective chamber any reporting requirements that should be retained.

Sec. 2. [3.1975] [PERIODIC REPORT REPEAL.]

Every requirement in a law enacted after January 1, 1995, for a periodic report to the legislature is repealed five years after the enactment of the law requiring the report.

ARTICLE 5

WORKER PROVISIONS

Section 1. [WORKER PROVISIONS.]

Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature finds that the reorganization of state agencies, including the abolishment of agencies or their functions and the merger of agency functions to the extent possible, makes the best use of affected agency employees and improves the direct service capabilities of state employees to provide public


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services to citizens of the state and to customers of the agency. To assure that quality services are delivered to citizens of Minnesota, appointing authorities shall comply with this section.

Subd. 2. [RESTRUCTURING PROVISIONS.] The restructuring of agencies required by this act must be conducted in accordance with Minnesota Statutes, sections 15.039 and 43A.045.

Subd. 3. [WORKER PARTICIPATION COMMITTEES.] (a) Before the restructuring of executive branch agencies under this act, a labor and management committee including representatives of employees and employers must be established and given adequate time to perform the activities prescribed by paragraph (b). Each exclusive representative of employees shall select a committee member from each of its bargaining units in each affected agency. The head of each agency shall select an employee member from each unit of employees not represented by an exclusive representative. The agency head shall also appoint one or more committee members to represent the agency. The number of members appointed by the agency head, however, may not exceed the total number of members selected by exclusive representatives. The labor and management committee must be participatory and nonauthoritarian. Exclusive representatives must be directly involved in the work of the committee.

(b) The committee established under paragraph (a) shall:

(1) identify tasks related to agency reorganization and adopt plans for addressing those tasks;

(2) identify other employer and employee issues related to reorganization and adopt plans for addressing those issues;

(3) adopt plans for implementing this act, including detailed plans for providing retraining for affected employees; and

(4) guide the implementation of the reorganization.

Subd. 4. [EMPLOYEE JOB SECURITY.] The head of an agency that is restructured shall meet with the exclusive representatives of affected employees of the agency in the event that employees are at risk of being laid off due to restructuring or significant change in the activities of the agency. Any involuntary layoffs must be discussed with the exclusive representatives of the affected employees in accordance with Minnesota Statutes, section 43A.045, before the layoffs may occur. This subdivision does not apply to normal changes in employment caused by contractual layoff, termination for cause, or unrequested leave of absence. Bargaining under this subdivision must have as its purpose the achievement of the highest possible degree of public service delivery to the citizens of Minnesota and the provision of appropriate incentives to state employees. Incentives may include, but are not limited to, early retirement incentives, negotiated options in place of layoff, methods to mitigate layoffs and the effect of layoffs, job training and retraining opportunities, and enhanced severance.

Subd. 5. [EMPLOYEE TRAINING AND RETRAINING.] The legislature recognizes that a well trained and well educated work force is needed to provide effective and efficient public service delivery and that training and retraining of state employees is a priority when merger and reorganization of state agencies occur. The labor and management committee required by subdivision 3 shall recommend the employee training and retraining required because of agency reorganization. Employees whose job duties are affected by reorganization must be given the opportunity to take part in training or retraining for the new job duties. Existing employees must be trained or retrained for agency positions before new hiring takes place."

Renumber the articles and sections in sequence

Amend the title accordingly

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

The report was adopted.

Rest from the Committee on Taxes to which was referred:

H. F. No. 1614, A bill for an act relating to public finance; providing conditions and requirements for the issuance of debt and use of the proceeds; providing procedures for use of obligations to satisfy unfunded pension liabilities; authorizing use of capital improvement bonds for indoor ice arenas; exempting issuance of certain debt from election


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requirements; authorizing home rule charter cities to issue tax anticipation certificates; authorizing operation of certain recreational facilities; providing for the computation of tax increment from certain hazardous substance subdistricts; authorizing continuing disclosure agreements; providing for funding of self-insurance by political subdivisions; providing for the issuance of temporary obligations and modifying issuance procedures; amending Minnesota Statutes 1994, sections 353A.09, subdivision 5; 373.40, subdivision 1; 423A.02, subdivision 1; 447.46; 462C.05, subdivision 1; 469.041; 469.060, subdivision 1; 469.102, subdivision 1; 469.174, subdivision 4, and by adding subdivisions; 469.175, subdivision 1; 469.177, subdivisions 1, 1a, and 2; 471.16, subdivision 1; 471.191, subdivisions 1 and 2; 471.56, by adding a subdivision; 471.98, subdivision 3; 471.981, subdivisions 2, 4a, 4b, and 4c; 475.51, subdivision 4; 475.52, subdivision 6; 475.58, subdivision 1, and by adding a subdivision; 475.60, by adding a subdivision; 475.61, by adding a subdivision; 475.63; and 475.79; proposing coding for new law in Minnesota Statutes, chapters 373; and 410.

Reported the same back with the following amendments:

Pages 1 to 3, delete section 1

Pages 6 and 7, delete section 6

Pages 8 and 9, delete section 8

Pages 12 to 18, delete sections 12 to 18

Pages 21 and 22, delete section 22

Page 25, line 2, after the period, insert "The proceeds from bonds issued under this subdivision must be held in trust and may only be paid to the self-insurer according to the schedule of payments set forth in the trust instruments.

A qualified actuary shall certify that the amount of the scheduled payment does not exceed the amount necessary to meet the obligation of the self-insurer at the time payment is scheduled to be made."

Page 29, after line 7, insert:

"Sec. 21. Minnesota Statutes 1994, section 475.58, is amended by adding a subdivision to read:

Subd. 4. [FIRST CLASS CITIES; WATER UTILITY BONDS.] A city that has a population in excess of 200,000 may issue general obligations pledging its full faith and credit without an election to acquire, construct, and improve its water utility if the city covenants that rates and charges will be imposed and collected at the times and in the amounts required to produce, together with any taxes or special assessments designated as a primary source of payment of the obligations, net revenues adequate to pay all principal and interest when due on the obligations and to create and maintain reserves securing the payments as may be provided in the resolutions."

Page 31, after line 22, insert:

"Sec. 26. Laws 1971, chapter 773, section 4, as amended by Laws 1976, chapter 234, section 2, is amended to read:

Sec. 4. No proceeds of any bonds issued pursuant to section 1, hereof shall be expended for the construction or equipment of any portion of the St. Paul auditorium or civic center connected thereto; nor shall any such proceeds be expended for the acquisition or betterment of the building known as the Lowry Medical Arts Annex. All bonds issued under this act shall mature at any time or times within ten 30 years from the date of issue."

Page 31, line 24, after "enactment" insert ", provided that section 26 is effective only after its approval by a majority of the governing body of the city of St. Paul and upon compliance with the provisions of Minnesota Statutes, section 645.021."

Renumber the sections in sequence and correct the internal references

Delete the title and insert:

"A bill for an act relating to public finance; providing conditions and requirements for the issuance of debt and use of the proceeds; authorizing use of capital improvement bonds for indoor ice arenas; exempting issuance of certain debt from election requirements; authorizing home rule charter cities to issue tax anticipation certificates; authorizing operation of certain recreational facilities; authorizing continuing disclosure agreements; providing for funding of


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self-insurance by political subdivisions; providing for the issuance of temporary obligations and modifying issuance procedures; amending Minnesota Statutes 1994, sections 373.40, subdivision 1; 447.46; 469.041; 469.060, subdivision 1; 469.102, subdivision 1; 471.16, subdivision 1; 471.191, subdivisions 1 and 2; 471.98, subdivision 3; 471.981, subdivisions 2, 4a, 4b, and 4c; 475.51, subdivision 4; 475.52, subdivision 6; 475.58, subdivision 1, and by adding subdivisions; 475.60, by adding a subdivision; 475.61, by adding a subdivision; 475.63; and 475.79; Laws 1971, chapter 773, section 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 373; and 410."

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 642 and 1614 were read for the second time.

GENERAL ORDERS

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

MOTIONS AND RESOLUTIONS

Orenstein moved that S. F. No. 1246 be recalled from the Committee on Governmental Operations and be re-referred to the Committee on Rules and Legislative Administration. 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. 265:

Dorn, Perlt and Dehler.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 358:

Wolf; Olson, E., and Jennings.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 603:

Milbert, Rest and Macklin.

ADJOURNMENT

Carruthers moved that when the House adjourns today it adjourn until 12:00 noon, Friday, May 5, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Friday, May 5, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives


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