Kelso, Leppik and Simoneau were excused.

The Chief Clerk proceeded to read the Journals of the preceding days. Skoglund moved that further reading of the Journals be suspended and that the

Journals be approved as corrected by the Chief Clerk. The motion prevailed.

Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

Wenzel was excused for the remainder of today's session.

The following House File was introduced:

Kalis, Solberg, Bishop, Kinkel and Trimble introduced:

H. F. No. 1, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing sale of state bonds; requiring periodic reports on the status of authorized and outstanding state bonds; reducing 1995 appropriations; appropriating money; amending Minnesota Statutes 1994, sections 16A.672, by adding subdivisions; 16A.695, subdivisions 1, 2, 3, and by adding a subdivision; 16B.24, by adding a subdivision; 16B.335, subdivisions 1, 2, and 5; 124.431, subdivisions 2, 5, 6, 7, and 10; 124.494, subdivisions 2, 3, and 4; 136.62, subdivision 9, and by adding a subdivision; 136A.28, subdivision 7; and 446A.12, subdivision 1; Laws 1994, chapter 632, article 3, section 12; Laws 1994, chapter 643, sections 2, subdivision 15; 10, subdivision 10; 11, subdivisions 8 and 13; 19, subdivision 8; 21, subdivision 4; 23, subdivisions 7 and 28; and 26, subdivisions 3 and 4; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Laws 1991, chapter 265, article 5, section 23, as amended.

The bill was read for the first time.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Kalis moved that the rule therein be suspended and an urgency be declared so that H. F. No. 1 be given its second and third readings and be placed upon its final passage. The motion prevailed.

Kalis moved that the rules of the House be so far suspended that H. F. No. 1 be given its second and third readings and be placed upon its final passage. The motion prevailed.

H. F. No. 1 was read for the second time.

H. F. No. 1, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing sale of state bonds; requiring periodic reports on the status of authorized and outstanding state bonds; reducing 1995 appropriations; appropriating money; amending Minnesota Statutes 1994, sections 16A.672, by adding subdivisions; 16A.695, subdivisions 1, 2, 3, and by adding a subdivision; 16B.24, by adding a subdivision; 16B.335, subdivisions 1, 2, and 5; 124.431, subdivisions 2, 5, 6, 7, and 10; 124.494, subdivisions 2, 3, and 4; 136.62, subdivision 9, and by adding a subdivision; 136A.28, subdivision 7; and 446A.12, subdivision 1; Laws 1994, chapter 632, article 3, section 12; Laws 1994, chapter 643, sections 2, subdivision 15; 10, subdivision 10; 11, subdivisions 8 and 13; 19, subdivision 8; 21, subdivision 4; 23, subdivisions 7 and 28; and 26, subdivisions 3 and 4; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Laws 1991, chapter 265, article 5, section 23, as amended.

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 122 yeas and 8 nays as follows:

Those who voted in the affirmative were:

Anderson, B.   Finseth         Kraus          Opatz           Solberg
Anderson, R.   Frerichs        Larsen         Orenstein       Stanek
Bakk           Garcia          Leighton       Orfield         Sviggum
Bertram        Girard          Lieder         Osskopp         Swenson, D.
Bettermann     Goodno          Lindner        Osthoff         Swenson, H.
Bishop         Greenfield      Long           Ostrom          Sykora
Bradley        Hackbarth       Lourey         Otremba         Tomassoni
Broecker       Harder          Luther         Ozment          Tompkins
Brown          Hasskamp        Lynch          Paulsen         Trimble
Carlson        Hausman         Macklin        Pawlenty        Tuma
Carruthers     Holsten         Mahon          Pellow          Tunheim
Clark          Hugoson         Mares          Pelowski        Van Dellen
Commers        Huntley         Mariani        Perlt           Van Engen
Cooper         Jaros           Marko          Peterson        Vickerman
Daggett        Jefferson       McCollum       Pugh            Wagenius
Dauner         Jennings        McElroy        Rest            Warkentin
Davids         Johnson, A.     McGuire        Rhodes          Weaver
Dawkins        Johnson, R.     Milbert        Rice            Wejcman
Dehler         Johnson, V.     Molnau         Rostberg        Winter
Delmont        Kahn            Munger         Rukavina        Wolf
Dempsey        Kalis           Murphy         Sarna           Worke
Dorn           Kelley          Ness           Schumacher      Sp.Anderson,I

Entenza        Kinkel          Olson, E.      Seagren         
Erhardt        Knoblach        Olson, M.      Skoglund        
Farrell        Koppendrayer    Onnen          Smith           

Abrams         Greiling        Knight         Mulder          
Boudreau       Haas            Krinkie        Workman         

The following House Files were introduced:

Tunheim, Finseth and Girard introduced:

H. F. No. 2, A bill for an act relating to water; modifying provisions relating to public waters and wetlands; amending Minnesota Statutes 1994, sections 84.035, subdivisions 5 and 6; 103A.201, subdivision 2; 103F.612, subdivisions 2, 3, 5, 6, and 7; 103G.005, by adding subdivisions; 103G.127; 103G.205; 103G.221, subdivision 1; 103G.222; 103G.2241; 103G.2242, subdivisions 1, 2, 4, 6, 7, 9, 12, and by adding a subdivision; 103G.237, subdivision 4, and by adding a subdivision; 103G.2372, subdivision 1; 103G.2373; 103G.245, subdivision 2; and 115.03, by adding a subdivision; Laws 1994, chapter 643, section 26, subdivision 3; repealing Minnesota Statutes 1994, sections 103G.2242, subdivision 13; and 103G.2372, subdivisions 2 and 3.

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

Environment and Natural Resources.

Munger, McCollum, Girard, Haas and Bakk introduced:

H. F. No. 3, A bill for an act relating to water; wetland protection and management; amending Minnesota Statutes 1994, sections 84.035, subdivisions 5 and 6; 103F.612, subdivisions 2, 3, 5, 6, and 7; 103G.005, subdivision 10a, and by adding subdivisions; 103G.127; 103G.222; 103G.2241; 103G.2242, subdivisions 1, 2, 4, 6, 7, 9, and 12; 103G.237, subdivision 4, and by adding a subdivision; 103G.2373; and 115.03, by adding a subdivision; Laws 1994, chapter 643, section 26, subdivision 3; repealing Minnesota Statutes 1994, section 103G.2242, subdivision 13.

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

Johnson, A.; Carlson; Entenza; Bertram and Ness introduced:

H. F. No. 4, A bill for an act relating to government financing; providing for education general and uniform revenue; education transportation; education special programs; community programs; education facilities; education organization and cooperation; education excellence; other education programs; miscellaneous education provisions; libraries; state agencies; education technology; technical and conforming amendments; budget reserve and cost management; education targeted needs revenue; establishing the department of children, families, and learning; providing for penalties; appropriating money; amending Minnesota Statutes 1994, sections 6.62, subdivision 1; 13.43, subdivision 2; 16A.152, subdivisions 2, 4, and by adding a subdivision; 16B.465; 43A.316, subdivision 2; 62L.08, subdivision 7a; 116J.655; 120.064; 120.101, subdivision 5c, and by adding a subdivision; 120.17, subdivisions 3a, 3b, and by adding a subdivision; 120.74, subdivision 1; 120.75, subdivision 1; 121.11, subdivision 7c; 121.15, subdivision 6; 121.207, subdivisions 2 and 3; 121.702, by adding a subdivision; 121.705; 121.706; 121.707, subdivisions 2, 3, 4, 6, and 7; 121.708; 121.709; 121.710; 121.8355, subdivision 2; 121.885, subdivisions 1 and 4; 121.904, subdivisions 4a and 4c; 121.912, subdivisions 1, 1b, and 6; 121.931; 121.932; 121.933, subdivision 1; 121.935; 122.21, subdivision 4; 122.532, subdivision 3a; 122.895, subdivisions 1, 8, and 9; 122.91, subdivisions 1, 2, and 2a; 122.92, subdivision 1; 122.93, subdivision 1; 122.94, subdivision 1; 123.34, by adding a subdivision; 123.35, subdivision 19b; 123.351, subdivisions 1, 3, 4, and 5; 123.3514, subdivisions 4d, 7, 8, and by adding a subdivision; 123.39, subdivision 1; 123.70, subdivision 8; 123.78, subdivision 1; 123.79, subdivision 1; 123.7991, subdivisions 2 and 3; 123.805, subdivisions 1 and 2; 124.06; 124.14, by adding a subdivision; 124.155, subdivision 2; 124.17, subdivisions 1, 1d, 2f, and by adding a subdivision; 124.193; 124.195, subdivision 10, and by adding subdivisions; 124.2139; 124.214, subdivisions 2 and 3; 124.223; 124.225, subdivisions 1, 3a, 7b, 7d, 7f, 8a, 8l, 8m, 9, and by adding subdivisions; 124.226, subdivisions 3, 4, 9, and by adding a subdivision; 124.243, subdivision 2; 124.244, subdivisions 1 and 4; 124.2445; 124.2455; 124.248; 124.261, subdivision 1; 124.2711, subdivision 2a; 124.2713, subdivision 6; 124.2725, subdivisions 1, 3, 4, and 15; 124.2726, subdivisions 1, 2, and 4; 124.2728, subdivision 1; 124.273, by adding subdivisions; 124.32, subdivisions 7, 10, and 12; 124.321, subdivisions 1 and 2; 124.322; 124.323, subdivisions 1, 2, and by adding a subdivision; 124.431, subdivision 2; 124.574, subdivisions 7, 9, and by adding subdivisions; 124.83, subdivision 4; 124.84, subdivision 3; 124.91, subdivisions 3 and 5; 124.912, subdivision 1; 124.916, subdivision 2; 124.918, subdivisions 1 and 2; 124.95, subdivisions 2, 4, and 6; 124.961; 124A.02, subdivision 16; 124A.03, subdivisions 1c, 1g, 1h, and 2; 124A.0311, subdivision 4; 124A.22, subdivisions 1, 2, 3, 4, 4a, 4b, 6, 6a, 8a, 9, and by adding subdivisions; 124A.225, subdivisions 1 and 2; 124A.23, subdivisions 1 and 4; 124A.24; 124A.29, subdivision 1; 124C.07; 124C.08, subdivision 2; 124C.45, subdivision 1; 124C.46, subdivision 2; 124C.48, subdivision 1; 124C.60, subdivision 1; 125.12, subdivision 3; 125.62, subdivisions 1 and 7; 125.623, subdivision 2; 126.031, subdivision 1; 126.15, subdivision 2; 126.22, subdivisions 2 and 3; 126.49, by adding a subdivision; 126.666, subdivision 2; 126.70; 126.78, subdivision 2; 126A.01; 126A.02, subdivision 2; 126B.01; 126B.03, subdivisions 2 and 3; 127.40; 127.41; 127.42; 128A.02, subdivisions 1, 3, 5, and by adding a subdivision; 128A.021; 128A.022, subdivisions 1 and 6; 128A.024, subdivision 4; 128A.025, subdivisions 1 and 2; 128A.026; 128A.05, subdivisions 1 and 2; 128B.08; 128B.10, subdivision 1; 134.155;

134.34, subdivision 4a; 134.351, subdivision 4; 169.01, subdivision 6; 169.21, subdivision 2; 169.444, subdivision 2; 169.4502, subdivision 4; 169.4503, by adding a subdivision; 169.451, by adding a subdivision; 169.452; 169.454, subdivision 5, and by adding a subdivision; 171.01, subdivision 21; 171.18, subdivision 1; 171.321, subdivisions 3, 4, and 5; 171.3215, subdivisions 1, 2, and 3; 237.065; 256F.13, subdivision 1; 275.065, subdivision 1; 275.60; 469.1831, subdivision 4; 631.40, subdivision 1a; Laws 1965, chapter 705, section 1, subdivisions 3 and 4; Laws 1992, chapter 499, article 11, section 9, as amended; Laws 1993, chapter 224, article 8, section 21, subdivision 1; Laws 1993, chapter 224, article 12, section 32, as amended; Laws 1993, chapter 224, article 12, sections 39 and 41; Laws 1994, chapter 587, article 3, section 19, subdivision 1; Laws 1994, chapter 647, article 1, section 36; Laws 1994, chapter 647, article 3, section 25; and Laws 1994, chapter 647, article 7, section 15; proposing coding for new law in Minnesota Statutes, chapters 120; 123; 124; 124C; 126B; 127; 134; 136D; 145; 169; 604A; proposing coding for new law as Minnesota Statutes, chapter 119A; repealing Minnesota Statutes 1994, sections 3.198; 121.702, subdivision 9; 121.703; 121.912, subdivision 8; 121.93; 121.936; 123.58; 124.17, subdivision 1b; 124.243; 124.244; 124.273, subdivisions 1b and 2c; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 3a; 124.574, subdivisions 2b, 3, 4, and 4a; 124.912, subdivision 8; 124.962; 124A.04, subdivision 1; 124A.26; 124A.27, subdivision 11; 125.05, subdivision 7; 125.138, subdivisions 6, 7, 8, 9, 10, and 11; 125.231, subdivision 2; 126.019; 126B.02; 126B.03, subdivision 1; 126B.04; 126B.05; 128A.02, subdivisions 2 and 4; 128A.03; Laws 1991, chapter 265, article 5, section 23, as amended; Laws 1992, chapter 499, article 7, section 27; Laws 1993, First Special Session chapter 2, article 5, sections 1; and 2, as amended; and Laws 1995, chapter 207, article 1, section 9, subdivision 3.

The bill was read for the first time.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Johnson, A., moved that the rule therein be suspended and an urgency be declared so that H. F. No. 4 be given its second and third readings and be placed upon its final passage. The motion prevailed.

Johnson, A., moved that the Rules of the House be so far suspended that H. F. No. 4 be given its second and third readings and be placed upon its final passage. The motion prevailed.

H. F. No. 4 was read for the second time.

H. F. No. 4, A bill for an act relating to government financing; providing for education general and uniform revenue; education transportation; education special programs; community programs; education facilities; education organization and cooperation; education excellence; other education programs; miscellaneous education provisions; libraries; state agencies; education technology; technical and conforming amendments; budget reserve and cost management; education targeted needs revenue; establishing the department of children, families, and learning; providing for penalties; appropriating money; amending Minnesota Statutes 1994, sections 6.62, subdivision 1; 13.43, subdivision 2; 16A.152, subdivisions 2, 4, and by adding a subdivision; 16B.465; 43A.316, subdivision 2; 62L.08, subdivision 7a; 116J.655; 120.064; 120.101, subdivision 5c, and by adding a subdivision; 120.17, subdivisions 3a, 3b, and by adding a subdivision; 120.74, subdivision 1; 120.75, subdivision 1; 121.11, subdivision 7c; 121.15, subdivision 6; 121.207, subdivisions 2 and 3; 121.702, by adding a subdivision; 121.705; 121.706; 121.707, subdivisions 2, 3, 4, 6, and 7; 121.708; 121.709; 121.710; 121.8355, subdivision 2; 121.885, subdivisions 1 and 4; 121.904, subdivisions 4a and 4c; 121.912, subdivisions 1, 1b, and 6; 121.931; 121.932; 121.933, subdivision 1; 121.935; 122.21, subdivision 4; 122.532, subdivision 3a; 122.895, subdivisions 1, 8, and 9; 122.91, subdivisions 1, 2, and 2a; 122.92, subdivision 1; 122.93, subdivision 1; 122.94, subdivision 1; 123.34, by adding a subdivision; 123.35, subdivision 19b; 123.351, subdivisions 1, 3, 4, and 5; 123.3514, subdivisions 4d, 7, 8, and by adding a subdivision; 123.39, subdivision 1; 123.70, subdivision 8; 123.78, subdivision 1; 123.79, subdivision 1; 123.7991, subdivisions 2 and 3; 123.805, subdivisions 1 and 2; 124.06; 124.14, by adding a subdivision; 124.155, subdivision 2; 124.17, subdivisions 1, 1d, 2f, and by adding a subdivision; 124.193; 124.195, subdivision 10, and by adding subdivisions; 124.2139; 124.214, subdivisions 2 and 3; 124.223; 124.225, subdivisions 1, 3a, 7b, 7d, 7f, 8a, 8l, 8m, 9, and by adding subdivisions; 124.226, subdivisions 3, 4, 9, and by adding a subdivision; 124.243, subdivision 2; 124.244, subdivisions 1 and 4; 124.2445; 124.2455; 124.248; 124.261, subdivision 1; 124.2711, subdivision 2a; 124.2713, subdivision 6; 124.2725, subdivisions 1, 3, 4, and 15; 124.2726, subdivisions 1, 2, and 4; 124.2728, subdivision 1; 124.273, by adding subdivisions; 124.32, subdivisions 7, 10, and 12; 124.321, subdivisions 1 and 2; 124.322; 124.323, subdivisions 1, 2, and by adding a subdivision; 124.431, subdivision 2; 124.574, subdivisions 7, 9, and by adding subdivisions; 124.83, subdivision 4; 124.84, subdivision 3; 124.91, subdivisions 3 and 5; 124.912, subdivision 1; 124.916, subdivision 2; 124.918, subdivisions 1 and 2; 124.95, subdivisions 2, 4, and 6; 124.961; 124A.02, subdivision 16; 124A.03, subdivisions 1c, 1g, 1h, and 2; 124A.0311, subdivision 4; 124A.22, subdivisions 1, 2, 3, 4, 4a, 4b, 6, 6a, 8a, 9, and by adding subdivisions; 124A.225, subdivisions 1 and 2; 124A.23, subdivisions 1 and 4; 124A.24; 124A.29, subdivision 1; 124C.07; 124C.08, subdivision 2; 124C.45, subdivision 1; 124C.46, subdivision 2; 124C.48, subdivision 1; 124C.60, subdivision 1; 125.12, subdivision 3; 125.62, subdivisions 1 and 7; 125.623, subdivision 2; 126.031, subdivision 1; 126.15, subdivision 2; 126.22, subdivisions 2 and 3; 126.49, by adding a subdivision; 126.666, subdivision 2;

126.70; 126.78, subdivision 2; 126A.01; 126A.02, subdivision 2; 126B.01; 126B.03, subdivisions 2 and 3; 127.40; 127.41; 127.42; 128A.02, subdivisions 1, 3, 5, and by adding a subdivision; 128A.021; 128A.022, subdivisions 1 and 6; 128A.024, subdivision 4; 128A.025, subdivisions 1 and 2; 128A.026; 128A.05, subdivisions 1 and 2; 128B.08; 128B.10, subdivision 1; 134.155; 134.34, subdivision 4a; 134.351, subdivision 4; 169.01, subdivision 6; 169.21, subdivision 2; 169.444, subdivision 2; 169.4502, subdivision 4; 169.4503, by adding a subdivision; 169.451, by adding a subdivision; 169.452; 169.454, subdivision 5, and by adding a subdivision; 171.01, subdivision 21; 171.18, subdivision 1; 171.321, subdivisions 3, 4, and 5; 171.3215, subdivisions 1, 2, and 3; 237.065; 256F.13, subdivision 1; 275.065, subdivision 1; 275.60; 469.1831, subdivision 4; 631.40, subdivision 1a; Laws 1965, chapter 705, section 1, subdivisions 3 and 4; Laws 1992, chapter 499, article 11, section 9, as amended; Laws 1993, chapter 224, article 8, section 21, subdivision 1; Laws 1993, chapter 224, article 12, section 32, as amended; Laws 1993, chapter 224, article 12, sections 39 and 41; Laws 1994, chapter 587, article 3, section 19, subdivision 1; Laws 1994, chapter 647, article 1, section 36; Laws 1994, chapter 647, article 3, section 25; and Laws 1994, chapter 647, article 7, section 15; proposing coding for new law in Minnesota Statutes, chapters 120; 123; 124; 124C; 126B; 127; 134; 136D; 145; 169; 604A; proposing coding for new law as Minnesota Statutes, chapter 119A; repealing Minnesota Statutes 1994, sections 3.198; 121.702, subdivision 9; 121.703; 121.912, subdivision 8; 121.93; 121.936; 123.58; 124.17, subdivision 1b; 124.243; 124.244; 124.273, subdivisions 1b and 2c; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 3a; 124.574, subdivisions 2b, 3, 4, and 4a; 124.912, subdivision 8; 124.962; 124A.04, subdivision 1; 124A.26; 124A.27, subdivision 11; 125.05, subdivision 7; 125.138, subdivisions 6, 7, 8, 9, 10, and 11; 125.231, subdivision 2; 126.019; 126B.02; 126B.03, subdivision 1; 126B.04; 126B.05; 128A.02, subdivisions 2 and 4; 128A.03; Laws 1991, chapter 265, article 5, section 23, as amended; Laws 1992, chapter 499, article 7, section 27; Laws 1993, First Special Session chapter 2, article 5, sections 1; and 2, as amended; and Laws 1995, chapter 207, article 1, section 9, subdivision 3.

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 5 nays as follows:

Those who voted in the affirmative were:

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

Farrell        Knight          Pellow         
Hausman        Orenstein       

The following House File was introduced:

Tunheim and Finseth introduced:

H. F. No. 5, A bill for an act relating to water; modifying provisions relating to public waters and wetlands; amending Minnesota Statutes 1994, sections 84.035, subdivisions 5 and 6; 103F.612, subdivisions 2, 3, 5, 6, and 7; 103G.005, by adding subdivisions; 103G.127; 103G.222; 103G.2241; 103G.2242, subdivisions 1, 2, 4, 6, 7, 9, 12, and by adding a subdivision; 103G.237, subdivision 4, and by adding a subdivision; 103G.2372, subdivision 1; 103G.2373; 103G.245, subdivision 2; and 115.03, by adding a subdivision; Laws 1994, chapter 643, section 26, subdivision 3; repealing Minnesota Statutes 1994, sections 103G.2242, subdivision 13; and 103G.2372, subdivisions 2 and 3.

The bill was read for the first time.

Tunheim moved that the Rules of the House be so far suspended that H. F. No. 5 be given its second and third readings and be placed upon its final passage. The motion prevailed.

H. F. No. 5 was read for the second time.

Munger moved to amend H. F. No. 5 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 84.035, subdivision 5, is amended to read:

Subd. 5. [ACTIVITIES IN PEATLAND SCIENTIFIC AND NATURAL AREAS.] Areas designated in subdivision 4 as peatland scientific and natural areas are subject to the following conditions:

(a) Except as provided in paragraph (b), all restrictions otherwise applicable to scientific and natural areas designated under section 86A.05, subdivision 5, apply to the surface use and to any use of the mineral estate which would significantly modify or alter the peatland water levels or flows, peatland water chemistry, plant or animal species or communities, or other natural features of the peatland scientific and natural areas, including, but not limited to, the following prohibitions:

(1) construction of any new public drainage systems after the effective date of Laws 1991, chapter 354, or improvement or repair to a public drainage system in existence on the effective date of Laws 1991, chapter 354, under authority of chapter 103E, or any other alteration of surface water or ground water levels or flows unless specifically permitted under paragraph (b), clause (5) or (6);

(2) removal of peat, sand, gravel, or other industrial minerals;

(3) exploratory boring or other exploration or removal of oil, natural gas, radioactive materials or metallic minerals which would significantly modify or alter the peatland water levels or flows, peatland water chemistry, plant or animal species or communities, or natural features of the peatland scientific and natural areas, except in the event of a national emergency declared by Congress;

(4) commercial timber harvesting;

(5) construction of new corridors of disturbance, of the kind defined in subdivision 3, after June 5, 1991; and

(6) ditching, draining, filling, or any other activities which modify or alter the peatland water levels or flows, peatland water chemistry, plant or animal species or communities, or other natural features of the peatland scientific and natural areas.

(b) The following activities are allowed:

(1) recreational activities, including hunting, fishing, trapping, cross-country skiing, snowshoeing, nature observation, or other recreational activities permitted in the management plan approved by the commissioner;

(2) scientific and educational work and research;

(3) maintenance of corridors of disturbance, including survey lines and preparation of winter roads, consistent with protection of the peatland ecosystem;

(4) use of corridors of disturbance unless limited by a management plan adopted by the commissioner under subdivision 6;

(5) improvements to a public drainage system in existence on the effective date of Laws 1991, chapter 354, only when it is for the protection and maintenance of the ecological integrity of the peatland scientific and natural area and when included in a management plan adopted by the commissioner under subdivision 6;

(6) repairs to a public drainage system in existence on the effective date of Laws 1991, chapter 354, which crosses a peatland scientific and natural area and is used for the purposes of providing a drainage outlet for lands outside of the peatland scientific and natural area, provided that there are no other feasible and prudent alternative means of providing the drainage outlet. The commissioner shall cooperate with the ditch authority in the determination of any feasible and prudent alternatives. No repairs which would significantly modify or alter the peatland water levels or flows, peatland water chemistry, plant or animal species or communities, or other natural features of the peatland scientific and natural areas shall be made unless approved by the commissioner;

(7) motorized uses that are engaged in, on corridors a corridor of disturbance, if the corridor existed on or before the effective date of Laws 1991, chapter 354, provided that recreational motorized uses may occur only when the substrate is frozen;

(8) control of forest insects, disease, and wildfires, as described in a management plan adopted by the commissioner under subdivision 6; and

(9) geological and geophysical surveys which would not significantly modify or alter the peatland water levels or flows, peatland water chemistry, plant or animal species or communities, or other natural features of the peatland scientific and natural areas.

Sec. 2. Minnesota Statutes 1994, section 84.035, subdivision 6, is amended to read:

Subd. 6. [MANAGEMENT PLANS.] The commissioner shall develop with the affected local government unit a management plan for each peatland scientific and natural area designated under section 84.036 in a manner prescribed by section 86A.09.

Sec. 3. Minnesota Statutes 1994, section 103F.612, subdivision 2, is amended to read:

Subd. 2. [APPLICATION.] (a) A wetland owner may apply to the county where a wetland is located for designation of a wetland preservation area in a high priority wetland area identified in a comprehensive local water plan, as defined in section 103B.3363, subdivision 3, and located within a high priority wetland region designated by the board of water and soil resources if the county chooses to accept wetland preservation area applications. The application must be made on forms provided by the board. If a wetland is located in more than one county, the application must be submitted to the county where the majority of the wetland is located.

(b) The application must contain at least the following information and other information the board of soil and water resources requires:

(1) legal description of the area to be approved, which must include an upland strip at least 16-1/2 feet in width around the perimeter of wetlands within the area and may include total upland area of up to four acres for each acre of wetland;

(2) parcel identification numbers where designated by the county auditor;

(3) name and address of the owner;

(4) a witnessed signature of the owner covenanting that the land will be preserved as a wetland and will only be used in accordance with conditions prescribed by the board of water and soil resources; and

(5) a statement that the restrictive covenant will be binding on the owner and the owner's successors or assigns, and will run with the land.

(c) The upland strip required in paragraph (b), clause (1), must be planted with permanent vegetation other than a noxious weed.

(d) For registered property, the owner shall submit the owner's duplicate certificate of title with the application.

Sec. 4. Minnesota Statutes 1994, section 103F.612, subdivision 3, is amended to read:

Subd. 3. [REVIEW AND NOTICE.] Upon receipt of an application, the county shall determine if all material required by subdivision 2 has been submitted and, if so, shall determine that the application is complete. The term "date of application" means the date the application is determined to be complete by the county. The county shall send a copy of the application to the county assessor, the regional development commission, where applicable, the board of water and soil resources, and the soil and water conservation district where the land is located. The soil and water conservation district shall prepare an advisory statement of existing and potential preservation problems or conflicts and send the statement to the owner of record and to the county. The county shall notify the landowner of the acceptance or denial of the application within 60 days from the date of the application.

Sec. 5. Minnesota Statutes 1994, section 103F.612, subdivision 5, is amended to read:

Subd. 5. [COMMENCEMENT OF WETLAND PRESERVATION AREA.] The wetland is a wetland preservation area commencing 30 days from the date the county determines notifies the landowner of acceptance of the application is complete under subdivision 3.

Sec. 6. Minnesota Statutes 1994, section 103F.612, subdivision 6, is amended to read:

Subd. 6. [FEE.] The county may require an application fee, not to exceed $50 to defray administrative costs of the program.

Sec. 7. Minnesota Statutes 1994, section 103F.612, subdivision 7, is amended to read:

Subd. 7. [MAPS.] The board of water and soil resources county shall maintain wetland preservation area maps illustrating land covenanted as wetland preservation areas.

Sec. 8. Minnesota Statutes 1994, section 103G.005, is amended by adding a subdivision to read:

Subd. 2a. [AGRICULTURAL LAND.] "Agricultural land" means:

(1) land used for horticultural, row, close grown, pasture, and hayland crops; growing nursery stocks; and animal feedlots; and

(2) contiguous land and buildings under the same ownership, including farm yards, associated with activities under clause (1).

Sec. 9. Minnesota Statutes 1994, section 103G.005, is amended by adding a subdivision to read:

Subd. 10a. [INFRASTRUCTURE] "Infrastructure" means storm water and sanitary sewer piping, outfalls, inlets, culverts, bridges, and any other work defined specifically by a local government unit as constituting a capital improvement to a specific parcel within the context of an approved development plan, but does not include roads or drainage systems.

Sec. 10. Minnesota Statutes 1994, section 103G.005, subdivision 10a, is amended to read:

Subd. 10a 10b. [LOCAL GOVERNMENT UNIT.] "Local government unit" means:

(1) outside of the seven-county metropolitan area, a city council or county board of commissioners; and

(2) in the seven-county metropolitan area, a city council, a town board under section 368.01, or a watershed management organization under section 103B.211.

Sec. 11. Minnesota Statutes 1994, section 103G.005, is amended by adding a

subdivision to read:

Subd. 18a. [SHORELAND WETLAND PROTECTION ZONE.] "Shoreland wetland protection zone" means:

(1) land subject to a shoreland protection ordinance approved under sections 103F.201 to 103F.221, and:

(i) adjacent to a lake, pond, or flowage; or

(ii) within 300 feet from the normal high water level of a river or stream identified on the public waters inventory, under section 103G.201; or

(2) land not subject to a shoreland protection ordinance that is:

(i) within 1,000 feet from the normal high water level of a lake, pond, or flowage that is at least ten acres in size within municipalities and at least 25 acres in size in unincorporated areas; or

(ii) within 300 feet from the normal high water level of a river or stream identified on the public waters inventory, under section 103G.201.

Sec. 12. Minnesota Statutes 1994, section 103G.005, is amended by adding a subdivision to read:

Subd. 18b. [SILVICULTURE.] "Silviculture" means the scientific management of forest trees.

Sec. 13. Minnesota Statutes 1994, section 103G.005, is amended by adding a subdivision to read:

Subd. 18c. [UTILITY.] "Utility" means a sanitary sewer, storm sewer, potable water distribution, and transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity, telephone, or radio service or communications.

Sec. 14. Minnesota Statutes 1994, section 103G.127, is amended to read:

103G.127 [PERMIT PROGRAM UNDER SECTION 404 OF THE FEDERAL CLEAN WATER ACT.]

Notwithstanding any other law to the contrary, the commissioner in consultation with the board of water and soil resources may adopt rules establishing a permit program for regulating the discharge of dredged and fill material into the waters of the state as necessary to obtain approval from the United States Environmental Protection Agency to administer the permit program under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules may not be more restrictive than the program under section 404, or state law, if it is more restrictive than the federal program.

Sec. 15. Minnesota Statutes 1994, section 103G.222, is amended to read:

103G.222 [REPLACEMENT OF WETLANDS.]

(a) After the effective date of the rules adopted under section 103B.3355 or 103G.2242, whichever is later, wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value under a replacement plan approved as provided in section 103G.2242, a replacement plan under a local governmental unit's comprehensive wetland protection and management plan approved by the board under section 103G.2242, subdivision 1, paragraph (c), or, if a permit to mine is required under section 93.481, under a mining reclamation plan approved by the commissioner under the permit to mine. Mining reclamation plans shall apply the same principles and standards for replacing wetlands by restoration or creation of wetland areas that are applicable to mitigation plans approved as provided in section 103G.2242.

(b) Replacement must be guided by the following principles in descending order of priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment;

(4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and

(5) compensating for the impact by replacing or providing substitute wetland resources or environments.

For a project involving the draining or filling of wetlands in an amount not exceeding 10,000 square feet more than the applicable amount in section 103G.2241, paragraph (a), clause (25), the local government unit may make a sequencing determination without a written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be accomplished through restoration only without regard to the priority order in paragraph (b), provided that a deed restriction is placed on the altered wetland prohibiting nonagricultural use for at least ten years.

(d) Restoration and replacement of wetlands must be accomplished in accordance with the ecology of the landscape area affected.

(e) Replacement shall be within the same watershed or county as the impacted wetlands, as based on the wetland evaluation in section 103G.2242, subdivision 2, except that counties or watersheds in which 80 percent or more of the presettlement wetland acreage is intact may accomplish replacement in counties or watersheds in which 50 percent or more of the presettlement wetland acreage has been filled, drained, or otherwise degraded. Wetlands impacted by public transportation projects may be replaced statewide, provided they are approved by the commissioner under an established wetland banking system, or under the rules for wetland banking as provided for under section 103G.2242.

(f) Except as provided in paragraph (g), for a wetland located on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland for each acre of drained or filled wetland.

(g) For a wetland located on agricultural land or in counties or watersheds, affected by a public transportation project, or located in a county or watershed in which 80 percent or more of the presettlement wetland acreage exists, replacement must be in the ratio of one acre of replaced wetland for each acre of drained or filled wetland, except that when wetland replacement is done by creation in counties or watersheds with less than 80 percent of presettlement wetlands remaining, the replacement must be in the ratio of two acres of replaced wetland for each acre of drained or filled wetland.

(h) Wetlands that are restored or created as a result of an approved replacement plan are subject to the provisions of this section for any subsequent drainage or filling.

(i) Except in counties or watersheds where 80 percent or more of the presettlement wetlands are intact, only wetlands that have been restored from previously drained or filled wetlands, wetlands created by excavation in nonwetlands, wetlands created by dikes or dams along public or private drainage ditches, or wetlands created by dikes or dams associated with the restoration of previously drained or filled wetlands may be used in a statewide banking program established in rules adopted under section

103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring wetlands from one type to another are not eligible for enrollment in a statewide wetlands bank.

(j) The technical evaluation panel established under section 103G.2242, subdivision 2, shall ensure that sufficient time has occurred for the wetland to develop wetland characteristics of soils, vegetation, and hydrology before recommending that the wetland be deposited in the statewide wetland bank. If the technical evaluation panel has reason to believe that the wetland characteristics may change substantially, the panel shall postpone its recommendation until the wetland has stabilized.

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply to the state and its departments and agencies.

(l) For projects involving filling of wetlands associated with a public transportation project, public transportation authorities may purchase credits from the mitigation bank established with proceeds from Laws of 1994, chapter 643, section 26, subdivision 3, paragraph (c). For projects in counties or watersheds with more than 80 percent of their presettlement wetland remaining, wetland credits may be purchased at the lesser of the following: (i) the cost of the state to establish the credits or (ii) two times the average value of the land in the immediate vicinity of the road project as determined by the county assessor. The cost of credits for road projects located in counties or watersheds with less than 80 percent of their presettlement wetlands remaining is the cost of the state to establish the credits.

(m) Before authorizing any wetland drain or fill activity, the local government unit must consider how extensively the proposed activity would affect the following functional qualities of the wetland:

(1) floodwater retention;

(2) nutrient assimilation;

(3) sediment entrapment;

(4) groundwater recharge;

(5) low flow augmentation;

(6) wildlife and fisheries habitat; or

(7) critical habitat for endangered plants and animals.

If, based on an assessment of clauses (1) to (7) and concurrence of the technical evaluation panel, the functional qualities of the replacement site exceeds those of the impacted wetland, the local government unit may elect to not require that replacement exceed the minimum acreage required by paragraphs (f) and (g).

Sec. 16. Minnesota Statutes 1994, section 103G.2241, is amended to read:

103G.2241 [EXEMPTIONS.]

(a) Subject to the conditions in paragraph (b), a replacement plan for wetlands is not required for:

(1) activities in a wetland that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes, or was required to be set aside to receive price support or other payments under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to January 1, 1991;

(2) activities in a wetland that is or has been enrolled in the federal conservation reserve program under United States Code, title 16, section 3831, that:

(i) was planted with annually seeded crops, was in a crop rotation seeding, or was required to be set aside to receive price support or payment under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the program; and

(ii) has not been restored with assistance from a public or private wetland restoration program;

(3) activities necessary to repair and maintain existing public or private drainage systems as long as wetlands that have been in existence for more than 20 years are not drained;

(4) activities in a wetland that has received a commenced drainage determination provided for by the federal Food Security Act of 1985, that was made to the county agricultural stabilization and conservation service office prior to September 19, 1988, and a ruling and any subsequent appeals or reviews have determined that drainage of the wetland had been commenced prior to December 23, 1985;

(5) activities exempted from federal regulation under United States Code, title 33, section 1344(f);

(6) activities authorized under, and conducted in accordance with, an applicable general permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, except the nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), clause (14), limited to when a new road crosses a wetland, and all of clause (26);

(7) activities in a type 1 wetland on agricultural land, as defined in United States Fish and Wildlife Circular No. 39 (1971 edition) except for bottomland hardwood type 1 wetlands;

(8) activities in a type 2 wetland that is two acres in size or less located on agricultural land;

(9) activities in a wetland restored for conservation purposes under a

contract or easement providing the landowner with the right to drain the restored wetland;

(10) activities in a wetland created solely as a result of:

(i) beaver dam construction;

(ii) blockage of culverts through roadways maintained by a public or private entity;

(iii) actions by public entities that were taken for a purpose other than creating the wetland; or

(iv) any combination of (i) to (iii);

(11) placement, maintenance, repair, enhancement, or replacement of utility or utility-type service, including the transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity, telephone, or radio service or communications if:

(i) the impacts of the proposed project on the hydrologic and biological characteristics of the wetland have been avoided and minimized to the extent possible; and

(ii) the proposed project significantly modifies or alters less than one-half acre of wetlands;

(12) activities associated with routine maintenance of utility and pipeline rights-of-way, provided the activities do not result in additional intrusion into the wetland;

(13) alteration of a wetland associated with the operation, maintenance, or repair of an interstate pipeline;

(14) temporarily crossing or entering a wetland to perform silvicultural activities, including timber harvest as part of a forest management activity, so long as the activity limits the impact on the hydrologic and biologic characteristics of the wetland; the activities do not result in the construction of dikes, drainage ditches, tile lines, or buildings; and the timber harvesting and other silvicultural practices do not result in the drainage of the wetland or public waters;

(15) permanent access for forest roads across wetlands so long as the activity limits the impact on the hydrologic and biologic characteristics of the wetland; the construction activities do not result in the access becoming a dike, drainage ditch or tile line; with filling avoided wherever possible; and there is no drainage of the wetland or public waters;

(16) draining or filling up to one-half acre of wetlands for the repair, rehabilitation, or replacement of a previously authorized, currently serviceable existing public road, provided that minor deviations in the public road's configuration or filled area, including those due to changes in materials, construction techniques, or current construction codes or safety standards, that are necessary to make repairs, rehabilitation, or replacement are allowed if the wetland draining or filling resulting from the repair, rehabilitation, or replacement is minimized;

(17) emergency repair and normal maintenance and repair of existing public works, provided the activity does not result in additional intrusion of the public works into the wetland and do not result in the draining or filling, wholly or partially, of a wetland;

(18) normal maintenance and minor repair of structures causing no additional intrusion of an existing structure into the wetland, and maintenance and repair of private crossings that do not result in the draining or filling, wholly or partially, of a wetland;

(19) duck blinds;

(20) aquaculture activities, including pond excavation and construction and maintenance of associated access roads and dikes authorized under, and conducted in accordance with, a permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but not including construction or expansion of buildings;

(21) wild rice production activities, including necessary diking and other activities authorized under a permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344;

(22) normal agricultural practices to control pests or weeds, defined by rule as either noxious or secondary weeds, in accordance with applicable

requirements under state and federal law, including established best management practices;

(23) activities in a wetland that is on agricultural land annually enrolled in the federal Food, Agricultural, Conservation, and Trade Act of 1990, United States Code, title 16, section 3821, subsection (a), clauses (1) to (3), as amended, and is subject to sections 1421 to 1424 of the federal act in effect on January 1, 1991, except that land enrolled in a federal farm program is eligible for easement participation for those acres not already compensated under a federal program;

(24) development projects and ditch improvement projects in the state that have received preliminary or final plat approval, or infrastructure that has been installed, or having local site plan approval, conditional use permits, or similar official approval by a governing body or government agency, within five years before July 1, 1991. In the seven-county metropolitan area and in cities of the first and second class, plat approval must be preliminary as approved by the appropriate governing body; and

(25) activities that result in the draining or filling of less than 400 square feet of wetlands.

(b) For the purpose of paragraph (a), clause (16), "currently serviceable" means usable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Paragraph (a), clause (16), authorizes the repair, rehabilitation, or replacement of public roads destroyed by storms, floods, fire, or other discrete events, provided the repair, rehabilitation, or replacement is commenced or under contract to commence within two years of the occurrence of the destruction or damage.

(c) A person conducting an activity in a wetland under an exemption in paragraph (a) shall ensure that:

(1) appropriate erosion control measures are taken to prevent sedimentation of the water;

(2) the activity does not block fish passage in a watercourse; and

(3) the activity is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices and water resource protection requirements established under chapter 103H.

Subdivision 1. [AGRICULTURAL ACTIVITIES.] A replacement plan for wetlands is not required for:

(a) activities in a wetland that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes, or was required to be set aside to receive price support or other payments under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to January 1, 1991;

(b) activities in a wetland that is or has been enrolled in the federal conservation reserve program under United States Code, title 16, section 3831, that:

(i) was planted with annually seeded crops, was in a crop rotation seeding, or was required to be set aside to receive price support or payment under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the program; and

(ii) has not been restored with assistance from a public or private wetland restoration program;

(c) activities in a wetland that has received a commenced drainage determination provided for by the federal Food Security Act of 1985, that was made to the county agricultural stabilization and conservation service office prior to September 19, 1988, and a ruling and any subsequent appeals or reviews have determined that drainage of the wetland had been commenced prior to December 23, 1985;

(d) activities in type 1 wetland on agricultural land, as defined in United States Fish and Wildlife Circular No. 39 (1971 edition) except for bottomland hardwood type 1 wetlands;

(e) activities in a type 2 or type 6 wetland that is two acres in size or less located on agricultural land;

(f) aquaculture activities including pond excavation and construction and maintenance of associated access roads and dikes authorized under, and conducted in accordance with, a permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but not including construction or expansion of buildings;

(g) wild rice production activities, including necessary diking and other

activities authorized under a permit issued by the United State Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344;

(h) normal agricultural practices to control pests of weeds, defined by rule as either noxious or secondary weeds, in accordance with applicable requirements under state and federal law, including established best management practices; and

(i) activities in a wetland that is on agricultural land annually enrolled in the federal Food, Agricultural, Conservation, and Trade Act of 1990, United States Code, title 16, section 3821, subsection (a), clauses (1) to (3), as amended, and is subject to sections 1421 to 1424 of the federal act in effect on January 1, 1991, except that land enrolled in a federal farm program is eligible for easement participation for those acres not already compensated under a federal program.

Subd. 2. [DRAINAGE.] A replacement plan for wetlands is not required for activities:

(a)(i) necessary to repair and maintain existing public or private drainage systems as long as wetlands are not drained beyond the level that existed 20 years prior to the drainage request;

(ii) which fill wetlands that have been in existence for more than 20 years when the wetlands are located within the right-of-way acreage of the ditch or within a one rod width on either side of the ditch, whichever is greater, and the filling is limited to the side casting of spoil materials resulting from the maintenance and the spoil deposition area is permanently seeded into grass after maintenance activities are completed;

(iii) which lower the elevation of previously placed tile when made necessary by land subsidence provided the lowering does not drain additional wetlands;

(iv) which drain wetlands that have formed in the bottom of ditches or were created solely as a result of beaver activity;

(v) necessary to maintain ditches immediately adjacent to or on land that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes, or was required to be set aside to receive price supports or other payments under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to January 1, 1991;

(vi) which drain type 1 wetlands, except for bottomland hardwoods on agricultural land; and

(vii) which drain type 2 and type 6 wetlands less than 2 acres in size on agricultural land; or

(b) as part of a public drainage system improvement project provided that:

(i) final approval from the ditch authority was received before July 1, 1991 and after July 1, 1986;

(ii) the approval remains valid;

(iii) the project remains active; and

(iv) no additional drainage or filling will occur beyond that originally approved.

Subd. 3. [FEDERAL APPROVALS.] A replacement plan for wetlands is not required for:

(a) activities exempted from federal regulation under United States Code, title 33, section 1344(f);

(b) activities authorized under, and conducted in accordance with, an applicable general permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, except the nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), clauses (14), limited to when a new road crosses a wetland, and all of (26);

Subd. 4. [WETLAND RESTORATIONS.] A replacement plan for wetlands is not required for activities in a wetland restored for conservation purposes under a contract or easement providing the landowner with the right to drain the restored wetland.

Subd. 5. [INCIDENTAL WETLANDS.] A replacement plan for wetlands is not required for activities in a wetland created solely as a result of:

(i) beaver dam construction;

(ii) blockage of culverts through roadways maintained by a public or private entity;

(iii) actions by public or private entities that were taken for a purpose other than creating the wetland; or

(iv) any combination of (i) to (iii).

Subd. 6. [UTILITIES; PUBLIC WORKS; INFRASTRUCTURE.] A replacement plan for wetlands is not required for:

(a) placement, maintenance, repair, enhancement, or replacement of utility or utility-type service, including the transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity, telephone, or radio service of communications if:

(i) the impacts of the proposed project on the hydrologic and biological characteristics of the wetland have been avoided and minimized to the extent possible; and

(ii) the proposed project significantly modifies or alters less than one-half acre of wetlands.

(b) activities associated with routine maintenance of utility and pipeline rights-of-way, provided the activities do not result in additional intrusion into the wetland.

(c) alteration of a wetland associated with the operation, maintenance, or repair of an interstate pipeline within all existing of acquired interstate pipeline rights-of-way.

(d) emergency repair and normal maintenance and repair of existing public works, provided the activity does not result in additional intrusion of the public works into the wetland and does not result in the draining or filling, wholly or partially, of a wetland.

(e) normal maintenance and minor repair of structures causing no additional intrusion of an existing structure into the wetland, and maintenance and repair of private crossings that do not result in the draining or filling, wholly or partially, of a wetland.

(f) repair and updating of existing individual sewage treatment systems as necessary to comply with local, state and federal regulations.

Subd. 7. [FORESTRY.] A replacement plan for wetlands is not required for:

(a) temporarily crossing or entering a wetland to perform silvicultural activities, including timber harvest as part of a forest management activity, so long as the activity limits the impact on the hydrologic and biologic characteristics of the wetland; the activities do not result in the construction of dikes, drainage ditches, tile lines, or buildings; and the timber harvesting and other silvicultural practices do not result in the drainage of the wetland or public waters.

(b) permanent access for forest roads across wetlands so long as the activity limits the impact on the hydrologic and biologic characteristics of the wetland; the construction activities do not result in the access becoming a dike, drainage ditch or tile line; with filling avoided wherever possible; and there is no drainage of the wetland or public waters.

Subd. 8. [PUBLIC ROADS.] A replacement plan for wetlands is not required for filling up to:

(a) one-half of wetlands; or

(b) one acre outside of shoreland areas in counties with greater than 80 percent of their presettlement wetlands remaining; for the repair, rehabilitation, or replacement of a previously authorized, currently serviceable existing public road when required by state or federal standards or requirements.

For the purpose of this subdivision, "currently serviceable" means usable as is or with some maintenance, but not so degraded as to essentially require reconstruction. This subdivision authorizes the repair, rehabilitation, or replacement of public roads destroyed by storms, floods, fire, or other discrete events, provided the repair, rehabilitation, or replacement is commenced or under contract to commence within two years of the occurrence of the destruction or damage.

Subd. 9. [APPROVED DEVELOPMENT.] A replacement plan for wetlands is not required for development projects and ditch improvement projects in the state that have received preliminary or final plat approval, or infrastructure that has been installed, or having local site plan approval, conditional use permits, or similar official approved by a governing body or government agency, within five years before July 1, 1991. In the seven-county metropolitan area and in cities of the first and second class, plat approval must be preliminary as approved by the appropriate governing body.

Subd. 10. [DEMINIMUS.] A replacement plan for wetlands is not required for filling of the following amounts of wetlands as part of a project, regardless of the total amount of wetlands filled as part of a project:

(1) 10,000 square feet of wetland type 1, type 2, type 6, or type 7 outside of the shoreland wetland protection zone in counties or watersheds with more than 80 percent of their presettlement wetlands remaining;

(2) 2,000 square feet of wetland type 1, type 2 or type 6, outside of the shoreland wetland protection zone in counties or watersheds with less than 80 percent of their presettlement wetlands remaining; or

(3) 400 square feet of wetland types 1 to 8 in the shoreland wetland protection zone and elsewhere statewide.

The amounts listed in clauses (1) to (3) may not be combined on a project.

(4) This exemption no longer applies to a wetland when the cumulative area drained or filled since January 1, 1992, is the greater of the applicable area listed in clauses (1) to (3) or five percent of the total area of the wetland.

Each riparian property owner as of January 1, 1992, is entitled to an equal portion of the amounts specified in clauses (1) to (3), subject to the conditions in clause (4).

Subd. 11. [WILDLIFE HABITAT.] A replacement plan for wetlands is not required for:

(a) deposition of spoil resulting from excavation within a wetland for wildlife habitat improvement purposes, if:

(1) the area of deposition does not exceed five percent of the wetland area or one-half acre, whichever is less, and the spoil is stabilized and permanently seeded to prevent erosion;

(2) the project does not have an adverse impact on any species designated as endangered or threatened under state or federal law; and

(3) the project will provide wildlife habitat improvement as certified by the Soil and Water Conservation District; or

(b) duck blinds.

Subd. 12. [EXEMPTION CONDITIONS.] (a) A person conducting an activity in a wetland under an exemption in subdivisions 1 to 11 shall ensure that:

(1) appropriate erosion control measures are taken to prevent sedimentation of the water;

(2) the activity does not block fish passage in a watercourse; and

(3) the activity is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices and water resource protection requirements established under chapter 103H.

(b) A local government unit may expand the application of subdivision 1, paragraphs (d) and (e), to additional acreage of types 1, 2, and 6 wetlands that are part of a larger wetland system, when the additional acreage is part of a conservation plan prepared by the local soil and water conservation district, the additional draining or filling is necessary for efficient operation of the farm, and wetlands other than types 1, 2, and 6 are not drained or filled.

Sec. 17. Minnesota Statutes 1994, section 103G.2242, subdivision 1, is amended to read:

Subdivision 1. [RULES.] (a) By July 1, 1993, the board, in consultation with the commissioner, shall adopt rules governing the approval of wetland value replacement plans under this section. These rules must address the criteria, procedure, timing, and location of acceptable replacement of wetland values; may address the state establishment and administration of a wetland

banking program for public and private projects, which may include provisions allowing monetary payment to the wetland banking program for alteration of wetlands on agricultural land; the methodology to be used in identifying and evaluating wetland functions; the administrative, monitoring, and enforcement procedures to be used; and a procedure for the review and appeal of decisions under this section. In the case of peatlands, the replacement plan rules must consider the impact on carbon balance described in the report required by Laws 1990, chapter 587, and include the planting of trees or shrubs.

(b) After the adoption of the rules, a replacement plan must be approved by a resolution of the governing body of the local government unit, consistent with the provisions of the rules.

(c) The board may approve as an alternative to the rules adopted under this subdivision a comprehensive wetland protection and management plan developed by a local government unit, provided that the plan:

(1) the plan incorporates sections 103A.201, subdivision 2, 103B.3355, and 103G.222;

(2) a request is made at the beginning of the planning process to the board, the department of natural resources, the pollution control agency, other local government units, and local citizens to actively participate in the development of the plan; and

(3) the plan is adopted as part of an approved local water plan under sections 103B.231 and 103B.311; and

(3) (4) is adopted as part of the local government's official controls.

(d) If the local government unit fails to apply the rules, or fails to implement a local program under paragraph (c), the government unit is subject to penalty as determined by the board.

(e) A comprehensive wetland protection and management plan may:

(1) according to a procedure approved by the board, classify wetlands based on an assessment of:

(i) wetland functions including: floodwater retention, nutrient assimilation, sediment entrapment, groundwater recharge, low flow augmentation, aesthetics and recreation, commercial uses, wildlife and fisheries habitat, and education; and

(ii) the resulting public values:

(2) vary application of the sequencing standards of section 103G.222, paragraph (b), based on the classification;

(3) vary the replacement standards of Minnesota Statutes, section 103G.222, paragraphs (f) and (g) for specific wetland impacts provided there is no net loss of public values and biological diversity within the area subject to the plan, and so long as in counties and watersheds having less than 80 percent of their presettlement wetland acreage, a minimum acreage requirement of one acre of replaced wetland for each acre of drained or filled wetland is met within the area subject to the plan;

(4) allow replacement credit in a county or watershed with more than 80 percent of their presettlement wetlands for any project that increases the public value of wetlands, including activities on adjacent upland acres, based on the classification; and

(5) for counties with greater than 80 percent of presettlement wetlands remaining, expand the application of the exemptions in section 103G.2241, paragraph (a), clauses (7) and (8), to also include nonagricultural land, provided there is no net loss of wetland values, based on the classification.

(f) An agency that is invited to participate but declines the opportunity and fails to provide written comments during the local review period, waives the right during state review to submit comments other than those concerning the consistency of the plan with state laws and rules administered by that agency.

(g) In determining the merit of an agency comment, the board must consider the extent of involvement of the commenting agency in the development of the plan.

(h) Upon approval of a comprehensive wetland protection and management plan by the board, the local government unit shall make replacement decisions based on the approved plan.

(i) The board must approve a plan under this section if it provides the same level of preservation of the quality, quantity and biological diversity of wetlands within the plan's jurisdiction as the application of Laws 1991, chapter 354, as amended.

(j) In approving a plan, the board shall advise the local government unit of those elements of the plan that are more restrictive than state law and rules for purposes of section 103G.237, subdivision 5.

Sec. 18. Minnesota Statutes 1994, section 103G.2242, subdivision 2, is amended to read:

Subd. 2. [EVALUATION.] Questions concerning the public value, location, size, or type of a wetland shall be submitted to and determined by a technical evaluation panel after an on-site inspection. The technical evaluation panel shall be composed of a technical professional employee of the board, a technical professional employee of the local soil and water conservation district or districts, and a technical professional with expertise in water resources management appointed by the local government unit. The panel shall use the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" (January 1989) "U.S. Army Corps of Engineers Wetland Delineation Manual" (January 1987). The panel shall provide the wetland determination to the local government unit that must approve a replacement plan under this section, and may recommend approval or denial of the plan. The authority must consider and include the decision of the technical evaluation panel in their approval or denial of a plan.

Sec. 19. Minnesota Statutes 1994, section 103G.2242, subdivision 4, is amended to read:

Subd. 4. [DECISION.] Upon receiving and considering all required data, the local government unit approving a replacement plan must act on all applications for plan approval within 60 days. A local government unit may extend the 60-day period for an additional 30 days by notifying the applicant in writing of the delay, the reasons for the delay, and the expected date of final action on the application. If the local government unit fails to act on an application within the 60-day period or any extension period, the replacement plan shall be deemed approved.

Sec. 20. Minnesota Statutes 1994, section 103G.2242, subdivision 6, is amended to read:

Subd. 6. [NOTICE OF APPLICATION.] (a) Except as provided in paragraph (b), within ten days of receiving an application for approval of a replacement plan under this section, a copy summary of the application must be submitted to the board for publication in the Environmental Quality Board Monitor and separate copies of the complete application mailed to the members of the technical evaluation panel, individual members of the public who request a copy, the board of supervisors of the soil and water conservation district, the managers of the watershed district if one exists, the board of county commissioners, and the commissioner of agriculture, and the mayors of the cities within the area watershed. At the same time, the local government unit must give general notice to the public in a general circulation newspaper within the area affected natural resources.

(b) Within ten days of receiving an application for approval of a replacement plan under this section for an activity affecting less than 10,000 square feet of wetland, a summary of the application must be submitted for publication in the Environmental Quality Board Monitor and separate copies mailed to the members of the technical evaluation panel, individual members of the public who request a copy, and the managers of the watershed district, if applicable. At the same time, the local government unit must give general notice to the public in a general circulation newspaper within the area affected commissioner of natural resources.

(c) For the purpose of this subdivision, "application" includes a revised application for replacement plan approval and an application for a revision to an approved replacement plan if:

(1) the wetland area to be drained or filled under the revised replacement plan is at least ten percent larger than the area to be drained or filled under the original replacement plan; or

(2) the wetland area to be drained or filled under the revised replacement is located more than 500 feet from the area to be drained or filled under the original replacement plan.

Sec. 21. Minnesota Statutes 1994, section 103G.2242, subdivision 7, is amended to read:

Subd. 7. [NOTICE OF DECISION.] (a) Except as provided in paragraph (b), at

least 30 Within ten days prior to the effective date of the approval or denial of a replacement plan under this section, a copy summary of the approval or denial must be submitted for publication in the Environmental Quality Board Monitor and separate copies mailed to members of the technical evaluation panel, the applicant, the board, individual members of the public who request a copy, the board of supervisors of the soil and water conservation district, the managers of the watershed district, the board of county commissioners, if one exists, and the commissioner of agriculture, and the mayors of the cities within the area watershed natural resources. Notice in the Environmental Quality Board Monitor is not required for projects involving the draining or filling of less than 10,000 square feet of wetlands.

(b) Within ten days of the decision approving or denying a replacement plan under this section for an activity affecting less than 10,000 square feet of wetland, a summary of the approval or denial must be submitted for publication in the Environmental Quality Board Monitor and separate copies mailed to the applicant, individual members of the public who request a copy, the members of the technical evaluation panel, and the managers of the watershed district, if applicable. At the same time, the local government unit must give general notice to the public in a general circulation newspaper within the area affected.

Sec. 22. Minnesota Statutes 1994, section 103G.2242, subdivision 9, is amended to read:

Subd. 9. [APPEAL.] Appeal of the a replacement plan, exemption, or no-loss decision may be obtained by mailing a notice of appeal petition and payment of a filing fee of $200 to the board within 30 15 days after the postmarked date of the mailing specified in subdivision 7. The local government unit may require the petitioner to post a bond in an amount not to exceed $500. If appeal is not sought within 30 days, the decision becomes final. Appeal may be made by the wetland owner, by any of those to whom notice is required to be mailed under subdivision 7, or by 100 residents of the county in which a majority of the wetland is located. Within 30 days after receiving a petition, the board shall decide whether to grant the petition and hear the appeal. The board shall grant the petition unless the board finds that the appeal is meritless, trivial, or brought solely for the purposes of delay; that the petitioner has not exhausted all local administrative remedies; or that the petitioner has not posted a bond if required by the local government unit. In determining whether to grant the appeal, the board shall also consider the size of the wetland, other factors in controversy, any patterns of similar acts by the local government unit or petitioner, and the consequences of the delay resulting from the appeal. If the petition is accepted, the filing fee will be retained by the board to defray administrative costs. If the appeal is denied, the filing fee must be returned to the petitioner. All appeals must be heard by the committee for dispute resolution of the board, and a decision made within 60 days of the appeal. The decision must be served by mail on the parties to the appeal, and is not subject to the provisions of chapter 14. The A decision whether to grant a petition for appeal and a decision on the merits of an appeal must be considered the decision of an agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.

Sec. 23. Minnesota Statutes 1994, section 103G.2242, subdivision 12, is

amended to read:

Subd. 12. [REPLACEMENT CREDITS.] (a) No public or private wetland restoration, enhancement, or construction may be allowed for replacement unless specifically designated for replacement and paid for by the individual or organization performing the wetland restoration, enhancement, or construction, and is completed prior to any draining or filling of the wetland.

This subdivision Paragraph (a) does not apply to a wetland whose owner has paid back with interest the individual or organization restoring, enhancing, or constructing the wetland.

(b) Notwithstanding section 103G.222, paragraph (i), the following actions are eligible for replacement credit as determined by the local government unit, including enrollment in a statewide wetlands bank:

(1) Reestablishment of permanent vegetative cover on a wetland that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes, or was required to be set aside to receive price supports or other payments under United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to January 1, 1991. Replacement credit may not exceed 50 percent of the total wetland area vegetatively restored.

(2) Buffer areas of permanent vegetative cover established on upland adjacent to replacement wetlands. The upland buffer must be established at the time of wetland mitigation and replacement credit for such buffers cannot exceed 50 percent of the mitigated wetland area and can only be used for replacement above a 1:1 ratio.

(3) Wetlands restored for conservation purposes under terminated easements or contracts. Up to 75 percent of the restored wetland area is eligible for replacement credit. Adjacent upland buffer areas reestablished to permanent vegetative cover are eligible for replacement credit above a 1:1 ratio in an amount not to exceed 25 percent of the restored wetland area.

(4) Water quality treatment ponds constructed to pretreat storm water runoff prior to discharge to wetlands, public waters, or other water bodies. The water quality treatment ponds must be associated with an ongoing or proposed project that will impact a wetland. Replacement credit for the treatment ponds may not exceed 50 percent of the treatment pond area and may only be used for replacement above a 1:1 ratio.

Sec. 24. Minnesota Statutes 1994, section 103G.237, subdivision 4, is amended to read:

Subd. 4. [COMPENSATION.] (a) The board shall award compensation in an amount equal to the greater of:

(1) 50 percent of the value of the wetland, calculated by multiplying the acreage of the wetland by the greater of:

(1) (i) the average equalized estimated market value of agricultural property in the township as established by the commissioner of revenue at the time application for compensation is made; or

(2) (ii) the assessed value per acre of the parcel containing the wetland, based on the assessed value of the parcel as stated on the most recent tax statement; or

(2) $200 per acre of wetland subject to the replacement plan, increased or decreased by the percentage change of the assessed valuation of land in the township where the wetland is located from the 1995 valuation.

(b) A person who receives compensation under paragraph (a) shall convey to the board a permanent conservation easement as described in section 103F.515, subdivision 4. An easement conveyed under this paragraph is subject to correction and enforcement under section 103F.515, subdivisions 8 and 9.

Sec. 25. Minnesota Statutes 1994, section 103G.237, is amended by adding a subdivision to read:

Subd. 5. [COMPENSATION CLAIMS AGAINST LOCAL GOVERNMENT UNITS.] (a) At the request of a local government unit against which a compensation action is brought based at least in part on the local government unit's application of section 103G.222, 103G.2241, 103G.2242, 103G.237, or 103G.2372, or rules adopted by the board to implement these sections, the state, through the attorney general, shall intervene in the action on behalf of the local government unit and shall thereafter be considered a defendant in the action. A local government unit making a request under this paragraph shall provide the attorney general with a copy of the complaint as soon as possible after being served. If requested by the attorney general, the court shall grant additional time to file an answer equal to the time between service of the complaint on the local government unit and receipt of the complaint by the attorney general.

(b) The state is liable for costs, damages, fees, and compensation awarded in the action based on the local government's adoption or implementation of standards that are required by state law, as determined by the court. The local government unit is liable for costs, damages, fees, and compensation awarded in the action based on local standards that are more restrictive than state law and rules.

(c) For the purposes of this subdivision, "compensation action" means an action in which the plaintiff seeks compensation for a taking of private property under the state or federal constitution.

Sec. 26. Minnesota Statutes 1994, section 103G.2373, is amended to read:

103G.2373 [ANNUAL WETLANDS REPORT.]

By January March 1 of each year, the commissioner of natural resources and the board of water and soil resources shall jointly report to the committees of the legislature with jurisdiction over matters relating to agriculture, the environment, and natural resources on:

(1) the status of implementation of state laws and programs relating to wetlands;

(2) the quantity, quality, acreage, types, and public value of wetlands in the state; and

(3) changes in the items in clause (2).

Sec. 27. Minnesota Statutes 1994, section 115.03, is amended by adding a subdivision to read:

Subd. 4a. [SECTION 401 CERTIFICATIONS.] (a) The following definitions apply to this subdivision:

(1) "section 401 certification" means a water quality certification required under section 401 of the federal Clean Water Act, United States Code, title 33, section 1341; and

(2) "nationwide permit" means a nationwide general permit issued by the United States Army Corps of Engineers and listed in Code of Federal Regulations, title 40, part 330, appendix A.

(b) The agency is responsible for providing section 401 certifications for nationwide permits.

(c) Before making a final decision on a section 401 certification for regional conditions on a nationwide permit, the agency shall hold at least one public meeting outside the seven-county metropolitan area.

(d) In addition to other notice required by law, the agency shall provide written notice of a meeting at which the agency will be considering a section 401 certification for regional conditions on a nationwide permit at least 21 days before the date of the meeting to the members of the senate and house of representatives environment and natural resources committees, the senate agriculture and rural development committee, and the house of representatives agriculture committee.

Sec. 28. Laws 1994, chapter 643, section 26, subdivision 3, is amended to read:

Subd. 3. RIM Conservation Easement Acquisition 9,000,000

This appropriation is for the purposes specified in paragraphs (a) to (c).

(a) To acquire conservation easements from landowners on marginal lands to protect soil and water quality and to support fish and wildlife habitat as provided in Minnesota Statutes, section 103F.515.

(b) To acquire perpetual conservation easements on existing type 1, 2, and 3 wetlands, adjacent lands, and for the establishment of permanent cover on adjacent lands, in accordance with Minnesota Statutes, section 103F.516.

(c) Up to $300,000 of this appropriation may be used to establish and restore wetlands to provide credits for deposit in the state wetland bank established under Minnesota Statutes, section 103G.2242, subdivision 1. The board may enter into agreements with local government units and the commissioner of transportation for this purpose. An agreement with the commissioner of transportation may provide for borrowing or acquiring existing wetland credits from the wetland bank established by the commissioner. Proceeds from the sale of credits provided under this paragraph are appropriated to the board for the purposes of paragraph (b). Sales of credits under this paragraph to public entities are not subject to Minnesota Statutes, section 16A.695.

Sec. 29. [STUDY OF WETLAND BANKING ALTERNATIVES; REPORT.]

The wetland heritage advisory committee, under the auspices of the state comprehensive wetlands planning project, shall investigate alternative procedures and policies for improving the current wetland banking system in the state. The study must address ecological, hydrological, and economic aspects of wetland banking. The study and any recommendations must be reported to the appropriate policy committees of the legislature by January 1, 1997.

Sec. 30. [LINCOLN-PIPESTONE CALCAREOUS FEN.]

The fen management plan required by Minnesota Statutes, section 103G.223 for sections 5, 6, 8, and 17 of T114N, R46W, and the Burr Well Field must be jointly developed by the commissioner of natural resources and the Lincoln-Pipestone rural water district and must provide that water will be supplied to the existing customers for domestic use. The size of livestock operations that exist or are under construction before August 1, 1995, shall be included as domestic use.

Sec. 31. [REPEALER.]

Minnesota Statutes 1994, section 103G.2242, subdivision 13, is repealed."

Delete the title and insert:

"A bill for an act relating to water; wetland protection and management; amending Minnesota Statutes 1994, sections 84.035, subdivisions 5 and 6; 103F.612, subdivisions 2, 3, 5, 6, and 7; 103G.005, subdivision 10a, and by adding subdivisions; 103G.127; 103G.222; 103G.2241; 103G.2242, subdivisions 1, 2, 4, 6, 7, 9, and 12; 103G.237, subdivision 4, and by adding a subdivision; 103G.2373; and 115.03, by adding a subdivision; Laws 1994, chapter 643, section 26, subdivision 3; repealing Minnesota Statutes 1994, section 103G.2242, subdivision 13."

A roll call was requested and properly seconded.

The question was taken on the Munger amendment and the roll was called. There were 59 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams         Greiling        Long           Orenstein       Schumacher
Carlson        Haas            Lourey         Orfield         Skoglund
Carruthers     Hausman         Mahon          Osthoff         Sykora
Clark          Holsten         Mares          Ostrom          Trimble
Commers        Huntley         Mariani        Ozment          Tuma
Dawkins        Jaros           Marko          Pawlenty        Van Dellen
Dempsey        Jefferson       McCollum       Perlt           Wagenius
Dorn           Johnson, A.     McGuire        Pugh            Warkentin
Entenza        Kahn            Milbert        Rest            Weaver
JOURNAL OF THE HOUSE - Special Session - Top of Page 6192

Farrell        Kelley          Munger         Rice            Wejcman
Garcia         Larsen          Murphy         Rukavina        Winter 
Greenfield     Leighton        Opatz          Sarna           

Anderson, B.   Dehler          Knight         Olson, M.       Sviggum
Anderson, R.   Erhardt         Knoblach       Onnen           Swenson, D.
Bakk           Finseth         Koppendrayer   Osskopp         Swenson, H.
Bertram        Frerichs        Kraus          Otremba         Tomassoni
Bettermann     Girard          Krinkie        Paulsen         Tompkins
Bishop         Goodno          Lieder         Pellow          Tunheim
Boudreau       Hackbarth       Lindner        Pelowski        Van Engen
Bradley        Harder          Luther         Peterson        Vickerman
Broecker       Hugoson         Lynch          Rhodes          Wolf
Brown          Jennings        Macklin        Rostberg        Worke
Cooper         Johnson, R.     McElroy        Seagren         Workman
Daggett        Johnson, V.     Molnau         Smith           Sp.Anderson,I

Dauner         Kalis           Ness           Solberg         
Davids         Kinkel          Olson, E.      Stanek          

H. F. No. 5, A bill for an act relating to water; modifying provisions relating to public waters and wetlands; amending Minnesota Statutes 1994, sections 84.035, subdivisions 5 and 6; 103F.612, subdivisions 2, 3, 5, 6, and 7; 103G.005, by adding subdivisions; 103G.127; 103G.222; 103G.2241; 103G.2242, subdivisions 1, 2, 4, 6, 7, 9, 12, and by adding a subdivision; 103G.237, subdivision 4, and by adding a subdivision; 103G.2372, subdivision 1; 103G.2373; 103G.245, subdivision 2; and 115.03, by adding a subdivision; Laws 1994, chapter 643, section 26, subdivision 3; repealing Minnesota Statutes 1994, sections 103G.2242, subdivision 13; and 103G.2372, subdivisions 2 and 3.

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 74 yeas and 55 nays as follows:

Those who voted in the affirmative were:

Anderson, B.   Delmont         Knight         Onnen           Solberg
Anderson, R.   Erhardt         Knoblach       Opatz           Sviggum
Bakk           Finseth         Koppendrayer   Osskopp         Swenson, D.
Bertram        Frerichs        Kraus          Ostrom          Swenson, H.
Bettermann     Girard          Larsen         Otremba         Sykora
Bishop         Goodno          Lieder         Paulsen         Tomassoni
Boudreau       Hackbarth       Lindner        Pellow          Tompkins
Bradley        Harder          Luther         Pelowski        Tunheim
Broecker       Hasskamp        Lynch          Peterson        Van Engen
Brown          Hugoson         McElroy        Rhodes          Vickerman
Cooper         Johnson, A.     Molnau         Rostberg        Winter
Daggett        Johnson, R.     Murphy         Rukavina        Wolf
Dauner         Johnson, V.     Ness           Schumacher      Worke
Davids         Kalis           Olson, E.      Seagren         Sp.Anderson,I

Dehler         Kinkel          Olson, M.      Smith           

Those who voted in the negative were:

Abrams         Greenfield      Krinkie        Milbert         Sarna
Carlson        Greiling        Leighton       Munger          Skoglund
Carruthers     Haas            Long           Orenstein       Stanek
Clark          Hausman         Lourey         Orfield         Trimble
Commers        Holsten         Macklin        Osthoff         Tuma
Dawkins        Huntley         Mahon          Ozment          Van Dellen
Dempsey        Jaros           Mares          Pawlenty        Wagenius
Dorn           Jefferson       Mariani        Perlt           Warkentin
Entenza        Jennings        Marko          Pugh            Weaver
Farrell        Kahn            McCollum       Rest            Wejcman
Garcia         Kelley          McGuire        Rice            Workman 

Carruthers moved that the Chief Clerk be and he is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is about to adjourn this 1995 Special Session sine die. The motion prevailed.

Carruthers moved that the Chief Clerk be and he is hereby authorized to correct and approve the Journal of the House, 1995 Special Session, for today. The motion prevailed.

Carruthers moved that the House adjourn sine die for the 1995 Special Session. The motion prevailed, and the Speaker declared the House stands adjourned sine die for the 1995 Special Session.

Edward A. Burdick, Chief Clerk, House of Representatives

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