Any person who willfully fails to report a material change or correction is guilty of a gross misdemeanor.

Sec. 17. Minnesota Statutes 1996, section 10A.275, subdivision 1, is amended to read:

Subdivision 1. [EXCEPTIONS.] Notwithstanding any other provisions of this chapter, the following expenditures by a state political party, a party unit, or two or more party units acting together, with at least one party unit being either: the state party organization or the party organization within a congressional district, county, or legislative district, shall not be considered contributions to or expenditures on behalf of any candidate for the purposes of section 10A.25 or 10A.27, and shall not be allocated to any candidates pursuant to section 10A.22, subdivision 5:

(a) expenditures on behalf of candidates of that party generally without referring to any of them specifically in any advertisement published, posted or broadcast;

(b) expenditures for the preparation, display, mailing or other distribution of an official party sample ballot listing the names of three or more individuals whose names are to appear on the ballot;

(c) expenditures for any telephone conversation including the names of three or more individuals whose names are to appear on the ballot;

(d) expenditures for any political party fundraising effort on behalf of three or more candidates; or

(e) expenditures for party committee staff member services that benefit three or more candidates.

Public subsidy money received from the state and required to be used for multicandidate political expenditures must be kept in a separate account and must be used only on behalf of candidates who are subject to chapter 10A that have filed a spending limit agreement under section 10A.322.

Sec. 18. Minnesota Statutes 1996, section 10A.31, subdivision 7, is amended to read:

Subd. 7. (a) Within two weeks after certification by the state canvassing board of the results of the general election, the board shall distribute the available funds in the general account, as certified by the commissioner of revenue on November 1 and according to allocations set forth in subdivision 5, in equal amounts to all candidates for each statewide office who received at least five percent of the votes cast in the general election for that office, and to all candidates for legislative office who received at least ten percent of the votes cast in the general election for the specific office for which they were candidates, provided that the public subsidy under this subdivision may not be paid in an amount that would cause the sum of the public subsidy paid from the party account plus the public subsidy paid from the general account and the public subsidy paid to match independent expenditures to exceed 50 percent of the expenditure limit for the candidate. If a candidate is entitled to receive an opponent's share of the general account public subsidy under section 10A.25, subdivision 10, the opponent's share must be excluded in calculating the 50 percent limit. Money from the general account not paid to a candidate because of the 50 percent limit must be distributed equally among all other qualifying candidates for the same office until all have reached the 50 percent limit or the balance in the general account is exhausted. The board shall not use the information contained in the report of the principal campaign committee of any candidate due ten days before the general election for the purpose of reducing the amount due that candidate from the general account.

(b) If a candidate has not yet filed a campaign finance report required by section 10A.20, subdivision 2, or the candidate owes money to the board, the board shall not pay a public subsidy to the candidate until the report has been filed or the debt has been paid, whichever applies.

Sec. 19. Minnesota Statutes 1996, section 10A.315, is amended to read:

10A.315 [SPECIAL ELECTION SUBSIDY.]

(a) Each eligible candidate for a legislative office in a special election must be paid a public subsidy equal to the sum of:

(2) the general account money paid to candidates for the same office at the last general election.

(b) If the filing period for the special election coincides with the filing period for the general election, the candidate must meet the matching requirements of section 10A.323 and the special election subsidy must be distributed in the same manner as money is distributed to legislative candidates in a general election.

(c) If the filing period for the special election does not coincide with the filing period for the general election, the procedures in this paragraph apply. A candidate who wishes to receive this public subsidy must submit a signed agreement under section 10A.322 to the board not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office. The candidate must meet the matching requirements of section 10A.323. The special election subsidy must be distributed in the same manner as money in the party and general accounts is distributed to legislative candidates in a general election.

(d) The amount necessary to make the payments required by this subdivision section is appropriated from the general fund to the state treasurer board.

Sec. 20. Minnesota Statutes 1996, section 10A.322, subdivision 1, is amended to read:

Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) As a condition of receiving a public subsidy, a candidate shall sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25 and 10A.324.

(b) Before the first day of filing for office, the board shall forward agreement forms to all filing officers. The board shall also provide agreement forms to candidates on request at any time. The candidate may sign an agreement and submit it to the filing officer on the day of filing an affidavit of candidacy or petition to appear on the ballot, in which case the filing officer shall without delay forward signed agreements to the board. Alternatively, the candidate may submit the agreement directly to the board at any time before September 1 preceding the general election. An agreement may not be filed after that date. An agreement once filed may not be rescinded.

(c) The board shall forward a copy of any agreement signed under this subdivision to the commissioner of revenue.

(d) Notwithstanding any provisions of this section, when a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement at any time before the deadline for submission of a signed agreement under section 10A.315.

(e) A candidate who fills a vacancy in nomination that occurs after the deadline in paragraph (b) may file a spending limit agreement no later than the day after the candidate fills the vacancy.

Sec. 21. Minnesota Statutes 1996, section 10A.322, subdivision 4, is amended to read:

Subd. 4. [REFUND RECEIPT FORMS; PENALTY.] The board shall make available to a political party as defined in section 290.06, subdivision 23, on request and to any candidate for whom an agreement under this section is effective, a supply of official refund receipt forms that state in boldface type that (1) a contributor who is given a receipt form is eligible to claim a refund as provided in section 290.06, subdivision 23, and (2) if the contribution is to a candidate, that the candidate has signed an agreement to limit campaign expenditures as provided in this section. The forms must provide duplicate copies of the receipt to be attached to the contributor's claim. A candidate who does not sign an agreement under this section and who willfully issues an official refund receipt form or a facsimile of one to any of the candidate's contributors is guilty of a misdemeanor. A principal campaign committee or party unit shall return to the board with its termination report or destroy any official receipt forms that have not been issued.

Sec. 22. Minnesota Statutes 1996, section 10A.324, subdivision 1, is amended to read:

(a) To the extent that the amount of public subsidy received by the candidate exceeds the expenditure limits for the office held or sought, as provided in section 10A.25 and as adjusted by section 10A.255, the treasurer of the candidate's principal campaign committee shall return the excess to the board.

(b) To the extent that the amount of public subsidy received exceeds the aggregate of: (1) actual expenditures made by the principal campaign committee of the candidate; and (2) approved expenditures made on behalf of the candidate, the treasurer of the candidate's principal campaign committee shall return an amount equal to the difference to the board.

(c) If the board determines that a candidate has filed an affidavit of matching contributions under section 10A.323 that is not supported by the campaign finance reports filed by the candidate under section 10A.20, the board shall notify the treasurer of the candidate's principal campaign committee, withhold any public subsidy not yet paid to the candidate, and demand return of any public subsidy paid to the candidate for that election cycle. The treasurer shall return the entire public subsidy to the board.

Sec. 23. Minnesota Statutes 1996, section 10A.34, is amended to read:

10A.34 [REMEDIES.]

Subdivision 1. [PERSONAL LIABILITY.] A person charged with a duty under sections 10A.02 to 10A.34 shall be this chapter is personally liable for the penalty for failing to discharge it.

Subd. 1a. [RECOVERY OF MONEY.] The board may bring an action in the district court in Ramsey county to recover any late filing fee or civil penalty imposed or public subsidy paid pursuant to any provision of this chapter. All money recovered shall be deposited in the general fund of the state.

Subd. 2. [INJUNCTION.] The board or a county attorney may seek an injunction in the district court to enforce the provisions of sections 10A.02 to 10A.34 this chapter.

Subd. 3. [CIVIL PENALTY.] Unless otherwise provided, a violation of sections 10A.02 to 10A.34 this chapter is not a crime, but is subject to a civil penalty imposed by the board in an amount up to $100.

Subd. 4. [AWARD OF COSTS.] If the board prevails in an action to enforce this chapter, the board may request and the court may award to the board its costs, disbursements, reasonable attorney fees, and witness fees.

Sec. 24. Minnesota Statutes 1996, section 200.02, is amended by adding a subdivision to read:

Subd. 23. [POLITICAL PARTY UNIT.] "Political party unit" means the state party organization; the party organization within a house of the legislature; or the party organization within a congressional district, county, legislative district, municipality, or precinct.

Sec. 25. Minnesota Statutes 1996, section 211A.02, subdivision 2, is amended to read:

Subd. 2. [INFORMATION REQUIRED.] The report to be filed by a candidate or committee must include:

(1) the name of the candidate or ballot question;

(2) the name and address of the person responsible for filing the report;

(3) the total amount of receipts and expenditures for the period from the last previous report to five days before the current report is due;

(4) the purpose for each expenditure; and

Sec. 26. Minnesota Statutes 1997 Supplement, section 211A.12, is amended to read:

211A.12 [CONTRIBUTION LIMITS.]

Subdivision 1. [INDIVIDUALS AND COMMITTEES.] A candidate or a candidate's committee may not accept aggregate contributions made or delivered by an individual or committee in excess of $300 in an election year for the office sought and $100 in other years; except that a candidate or a candidate's committee for an office whose territory has a population over 100,000 may not accept aggregate contributions made or delivered by an individual or committee in excess of $500 in an election year for the office sought and $100 in other years.

The following deliveries are not subject to the bundling limitation in this section:

(1) delivery of contributions collected by a member of the candidate's committee, such as a block worker or a volunteer who hosts a fundraising event, to the committee's treasurer; and

(2) a delivery made by an individual on behalf of the individual's spouse.

Notwithstanding sections 211A.02, subdivision 3, and 410.21, this section supersedes any home rule charter.

Subd. 2. [POLITICAL PARTY UNITS.] A candidate and a candidate's committee together may accept contributions from political party units in aggregate up to ten times the amount that may be contributed to the candidate as set forth in subdivision 1.

Sec. 27. Minnesota Statutes 1996, section 211B.02, is amended to read:

211B.02 [FALSE CLAIM OF SUPPORT.]

A person or candidate may not knowingly make, directly or indirectly, a false claim stating or implying that a candidate or ballot question has the support or endorsement of a major political party or party unit or of an organization. A person or candidate may not state in written campaign material that the candidate or ballot question has the support or endorsement of an individual or organization without first getting written permission from the individual or organization to do so.

Sec. 28. Minnesota Statutes 1997 Supplement, section 290.06, subdivision 23, is amended to read:

Subd. 23. [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the amount of the taxpayer's contributions made in the calendar year to candidates and to any political party. The maximum refund for an individual must not exceed $50 and, for a married couple filing jointly, must not exceed $100. A refund of a contribution is allowed only if the taxpayer files a form required by the commissioner and attaches to the form a copy of an official refund receipt form issued by the candidate or party and signed by the candidate, the treasurer of the candidate's principal campaign committee, or the party chair, after the contribution was received. The receipt forms must be numbered, and the data on the receipt that are not public must be made available to the campaign finance and public disclosure board upon its request. A claim must be filed with the commissioner not sooner than January 1 of the calendar year in which the contribution is made and no later than April 15 of the calendar year following the calendar year in which the contribution is made. A taxpayer may file only one claim per calendar year. Amounts paid by the commissioner after June 15 of the calendar year following the calendar year in which the contribution is made must include interest at the rate specified in section 270.76.

(b) No refund is allowed under this subdivision for a contribution to any candidate unless the candidate:

(1) has signed an agreement to limit campaign expenditures as provided in section 10A.322 or 10A.43;

(2) is seeking an office for which voluntary spending limits are specified in section 10A.25 or 10A.43; and

This subdivision does not limit the campaign expenditure of a candidate who does not sign an agreement but accepts a contribution for which the contributor improperly claims a refund.

(c) For purposes of this subdivision, "political party" means a major political party as defined in section 200.02, subdivision 7, or a minor political party qualifying for inclusion on the income tax or property tax refund form under section 10A.31, subdivision 3a.

A "major or minor party" includes the aggregate of the party organization within each house of the legislature, the state party organization, and the party organization within congressional districts, counties, and legislative districts, municipalities, and precincts.

"Candidate" means a congressional candidate as defined in section 10A.41, subdivision 4, or a candidate as defined in section 10A.01, subdivision 5, except a candidate for judicial office.

"Contribution" means a gift of money.

(d) The commissioner shall make copies of the form available to the public and candidates upon request.

(e) The following data collected or maintained by the commissioner under this subdivision are private: the identities of individuals claiming a refund, the identities of candidates to whom those individuals have made contributions, and the amount of each contribution.

(f) The commissioner shall report to the campaign finance and public disclosure board by August 1 of each year a summary showing the total number and aggregate amount of political contribution refunds made on behalf of each candidate and each political party. These data are public.

(g) The amount necessary to pay claims for the refund provided in this section is appropriated from the general fund to the commissioner of revenue.

Sec. 29. [TRANSITION.]

If the ethical practices board or the board of campaign finance and public disclosure gave an official refund receipt form under Minnesota Statutes, section 10A.322, subdivision 1, before February 10, 1998, to a political party as defined in Minnesota Statutes, section 10A.01, subdivision 17, and the political party gave the receipt to an individual for a contribution before March 15, 1998, the individual is eligible to receive a political contribution refund, notwithstanding that the political party was not a political party as defined in Minnesota Statutes, section 290.06, subdivision 23.

Sec. 30. [REPEALER.]

Minnesota Statutes 1996, section 10A.09, subdivision 3, is repealed.

Sec. 31. [EFFECTIVE DATE.]

This act is effective August 1, 1998, except that section 25 is effective January 1, 1999, and section 29 is effective the day following final enactment. Section 27 applies to offenses committed on and after August 1, 1998."

Delete the title and insert:

subdivision 1; 10A.31, subdivision 7; 10A.315; 10A.322, subdivisions 1 and 4; 10A.324, subdivision 1; 10A.34; 200.02, by adding a subdivision; 211A.02, subdivision 2; and 211B.02; Minnesota Statutes 1997 Supplement, sections 10A.20, subdivision 2; 211A.12; and 290.06, subdivision 23; repealing Minnesota Statutes 1996, section 10A.09, subdivision 3."

With the recommendation that when so amended the bill pass.

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 2343, A bill for an act relating to the housing finance agency; authorizing state bonds; appropriating money from the bond proceeds fund for transitional housing.

Reported the same back with the following amendments:

Page 1, line 7, after "TRANSITIONAL" insert "AND PUBLICLY OWNED"

Page 1, line 10, delete ", including loans"

Page 1, line 12, after the second comma, insert "including loans"

Page 1, line 13, delete "and" and before the period, insert ", and prostituted individuals"

Page 1, after line 20, insert:

"(b) $4,000,000 is appropriated from the bond proceeds fund to the commissioner of the Minnesota housing finance agency for grants to local public agencies and units of government to build multiple unit publicly owned housing."

Page 1, line 21, delete "(b)" and insert "(c)"

Page 1, line 24, delete "$2,500,000" and insert "$6,500,000"

Amend the title as follows:

Page 1, line 4, after "transitional" insert "and publicly owned"

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

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 2344, A bill for an act relating to housing; providing for an income tax credit for contributions by an employer for employee housing; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.

Reported the same back with the following amendments:

Page 2, line 4, delete "highest"

Page 2, line 5, before the period, insert "and projects which best promote the economic vitality of the community or region they are located in"

Page 2, line 25, delete "in any fiscal year" and after the period, insert "The total credit remains available until it is completely allocated or until December 31, 2002, whichever occurs earlier."

Page 2, line 26, delete "do not"

Pages 2 and 3, delete section 2

Page 3, line 5, delete "3" and insert "2"

Page 3, line 10, delete everything after "1998" and insert a period

Page 3, delete line 11

Amend the title as follows:

Page 1, line 4, delete "appropriating money;"

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

The report was adopted.

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

H. F. No. 2949, A bill for an act relating to environment; modifying provisions relating to prohibitions on disposal of motor vehicle antifreeze; amending Minnesota Statutes 1997 Supplement, section 115A.916.

Reported the same back with the following amendments:

Page 2, line 18, delete "month" and insert "year"

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

The report was adopted.

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

H. F. No. 2980, A bill for an act relating to telecommunications; requiring competitors of small telephone companies to offer telecommunications service to contiguous exchange areas in certain situations; amending Minnesota Statutes 1996, section 237.773, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 11, delete "6" and insert "14"

Page 1, line 12, delete "telecommunications" and insert "local exchange telephone"

Page 1, line 18, delete ", unless" and insert ". This subdivision does not apply to an applicant if"

Page 1, line 20, after the period, insert "This subdivision expires the day following issuance of a final order of the public utilities commission specifically referencing this subdivision that finds that a universal service fund mechanism is in place with adequate provisions and funding to protect rural telephone customers against adverse rate impacts that may result from selective competition."

Amend the title as follows:

Page 1, line 4, delete "telecommunications"

Page 1, line 6, delete "237.773" and insert "237.16"

With the recommendation that when so amended the bill pass.

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 2992, A bill for an act relating to human services; allowing greater use of arrangements with businesses when providing day training and habilitation services; directing the commissioner of human services to develop a more flexible rate variance mechanism for day training habilitation services vendors; amending Minnesota Statutes 1996, section 252.451, subdivision 5.

Reported the same back with the following amendments:

Page 1, line 23, after the stricken language, insert "the client for whom a rate will be billed will receive full-day or partial-day services from the vendor"

Page 1, line 24, reinstate the stricken "and"

Page 2, line 10, delete "an" and insert "each"

With the recommendation that when so amended the bill pass.

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 3040, A bill for an act relating to human services; changing procedures for facility under receivership; amending Minnesota Statutes 1996, section 256B.432, subdivision 8.

Reported the same back with the following amendments:

Page 1, line 25, after "viewing" insert "and printing"

Page 2, line 1, delete "printed summary sheets" and insert " summary data"

Page 2, line 2, before the period, insert "and printing"

Amend the title as follows:

Page 1, lines 2 and 3, delete "changing procedures for facility under receivership" and insert "modifying requirements for documentation of long-term care facility payrolls"

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

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 3081, A bill for an act relating to the city of St. Paul; setting the maximum amounts of and other conditions for the issuance of capital improvement bonds; amending Laws 1971, chapter 773, section 1, subdivisions 2, as amended, and 3, as amended; and section 2, as amended.

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

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 3203, A bill for an act relating to health care; providing for assessments of proposed health coverage mandates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 62A.

Reported the same back with the following amendments:

Page 4, delete lines 13 to 16 and insert:

"Sec. 2. [RESOURCES.]

If the commissioners of health and commerce determine that additional resources are needed to effectively administer the mandate review process, they may seek funding in the governor's 2000-2001 biennial request."

Amend the title as follows:

Page 1, lines 3 and 4, delete "appropriating money;"

With the recommendation that when so amended the bill pass.

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

H. F. No. 3211, A bill for an act relating to appropriations; appropriating money for the "Becoming an Outdoors Woman" program.

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

The report was adopted.

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

H. F. No. 3265, A bill for an act relating to transportation; defining road or highway; requiring certain expenditures from the trunk highway fund; establishing transportation spending goals; creating a transportation trust fund primarily to provide state agencies and local governments with money to match federal transportation funds; proposing a constitutional amendment to dedicate all vehicle registration tax revenues and 20 percent of motor vehicle sales tax revenues to the transportation trust fund; requiring certain appropriations for the state patrol to be from the general fund; authorizing issuance of $34,000,000 in state transportation bonds for local bridge grants; amending Minnesota Statutes 1996, sections 160.02, subdivision 7, and by adding a subdivision; 161.04, by adding a subdivision; 168.053, subdivisions 1 and 2; 168.056; 168.181, subdivisions 1 and 2; 168.211; 168.221; 174.01, by adding a subdivision; 297B.09, subdivision 1; 299D.01, by adding a subdivision; and 299D.03, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 168; and 174; repealing Minnesota Statutes 1996, sections 168.012, subdivision 12; 168.013, subdivision 8; 168.021, subdivision 4; 168.041, subdivision 11; 168.042, subdivision 15; 168.057; 168.091, subdivision 3; 168.123, subdivision 5; 168.128; 168.1292, subdivision 4; 168.231; and 168.82, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. Minnesota Statutes 1996, section 160.02, subdivision 7, is amended to read:

Subd. 7. [ROAD OR HIGHWAY.] "Road" or "highway" means a corridor used primarily for the transportation of persons or goods and includes, unless otherwise specified, the several kinds of highways as defined in this section, including roads designated as minimum-maintenance roads, and also cartways, together with all bridges or other structures thereon which form a part of the same.

Sec. 2. Minnesota Statutes 1996, section 160.02, is amended by adding a subdivision to read:

Subd. 7a. [HIGHWAY PURPOSE.] "Highway purpose" means a purpose that is substantially related to the establishment, preservation, construction, reconstruction, maintenance, or administration of a road or highway.

Sec. 3. Minnesota Statutes 1996, section 161.04, is amended by adding a subdivision to read:

Subd. 4. [EXPENDITURES FROM FUND.] (a) Not less than 60 percent of total expenditures in any fiscal year from the trunk highway fund must be for the preservation, construction, and reconstruction of trunk highways, including engineering and right-of-way acquisition.

Sec. 4. [168.651] [DEPOSIT OF REVENUES.]

Except as otherwise provided by law, all revenues received from taxes imposed under section 168.013, less any refunds authorized by this chapter, and all fees collected by the commissioner under this chapter not otherwise provided for, must be deposited in the state treasury and credited to the Minnesota transportation trust fund established under section 174.45.

Sec. 5. Minnesota Statutes 1996, section 174.01, is amended by adding a subdivision to read:

Subd. 3. [TRANSPORTATION SPENDING GOALS.] The following transportation spending goals are established:

(1) total spending per fiscal year from the trunk highway fund for construction and reconstruction of state trunk highways, not less than $500,000,000 by fiscal year 2002;

(2) total state spending per fiscal year on public transit outside the seven-county metropolitan area, not less than $15,000,000 for capital improvements and $17,000,000 for operating assistance by fiscal year 1999; and

(3) total state spending per fiscal year on public transit in the seven-county metropolitan area, not less than $32,000,000 for capital improvements and $60,000,000 for operating assistance by fiscal year 1999.

Sec. 6. [174.45] [MINNESOTA TRANSPORTATION TRUST FUND.]

Subdivision 1. [FUND CREATED.] The Minnesota transportation trust fund is created in the state treasury. The fund consists of money allocated to the fund under sections 168.651 and 297B.09 and all other money appropriated or credited to the fund by law. A county transportation account and a municipal transportation account are created as accounts within the fund.

Subd. 2. [TRANSPORTATION ACCOUNTS.] (a) On the tenth day of each month the commissioner of finance shall, from money in the Minnesota transportation trust fund, credit to the county transportation account an amount equal to 29 percent, and to the municipal transportation account an amount equal to nine percent, of total revenue in the previous month from taxes and fees imposed under chapter 168, after deductions have been made from that revenue for refunds, collection costs, state indirect costs, reimbursements to other funds, and transfers to a contingent account. Money in the county and municipal transportation accounts is appropriated to the commissioner.

Subd. 3. [COUNTY TRANSPORTATION ACCOUNT ALLOCATIONS.] At the same time the commissioner makes apportionments under section 162.06, the commissioner shall distribute amounts in the county transportation account to each county so that each county receives the same percentage of money to be distributed as its percentage for that year of county state-aid highway fund allocations. A county may spend money received under this subdivision to match federal funds available to the county for highway and transit purposes, and for any other highway or transit purpose.

Subd. 4. [MUNICIPAL TRANSPORTATION ACCOUNT.] At the same time the commissioner makes apportionments under section 162.12, the commissioner shall distribute money in the municipal transportation account to each city eligible to receive an allocation from the municipal state-aid street fund so that each city receives the same percentage of money to be distributed as its percentage for that year of municipal state-aid street fund allocations. A city may spend money received under this subdivision to match federal funds available to the city for highway and transit purposes, and for any other highway or transit purpose.

Subd. 6. [ALLOCATION OF BALANCE.] Any money remaining in the Minnesota transportation trust fund at the end of a fiscal year after amounts have been credited under subdivision 2 and appropriations made under subdivision 4 must be credited 62 percent to the trunk highway fund, 29 percent to the county state-aid highway fund, and nine percent to the municipal state-aid street fund.

Sec. 7. Minnesota Statutes 1996, section 297B.09, subdivision 1, is amended to read:

Subdivision 1. [GENERAL FUND SHARE.] (a) Money collected and received under this chapter must be deposited in the state treasury and credited to the general fund. The amounts collected and received shall be credited as provided in this subdivision, and transferred from the general fund on July 15 and February 15 of each fiscal year. The commissioner of finance must make each transfer based upon the actual receipts of the preceding six calendar months and include the interest earned during that six-month period. The commissioner of finance may establish a quarterly or other schedule providing for more frequent payments to the transit assistance fund if the commissioner determines it is necessary or desirable to provide for the cash flow needs of the recipients of money from the transit assistance fund.

(b) Twenty-five percent of the money collected and received under this chapter after June 30, 1990, and before July 1, 1991, must be transferred to the highway user tax distribution fund and the transit assistance fund for apportionment as follows: 75 percent must be transferred to the highway user tax distribution fund for apportionment in the same manner and for the same purposes as other money in that fund, and the remaining 25 percent of the money must be transferred to the transit assistance fund to be appropriated to the commissioner of transportation for transit assistance within the state and to the metropolitan council.

(c) The distributions under this subdivision to the highway user tax distribution fund until June 30, 1991, and to the trunk highway fund thereafter, must be reduced by the amount necessary to fund the appropriation under section 41A.09, subdivision 1. For the fiscal years ending June 30, 1988, and June 30, 1989, the commissioner of finance, before making the transfers required on July 15 and January 15 of each year, shall estimate the amount required to fund the appropriation under section 41A.09, subdivision 1, for the six-month period for which the transfer is being made. The commissioner shall then reduce the amount transferred to the highway user tax distribution fund by the amount of that estimate. The commissioner shall reduce the estimate for any six-month period by the amount by which the estimate for the previous six-month period exceeded the amount needed to fund the appropriation under section 41A.09, subdivision 1, for that previous six-month period. If at any time during a six-month period in those fiscal years the amount of reduction in the transfer to the highway user tax distribution fund is insufficient to fund the appropriation under section 41A.09, subdivision 1, for that period, the commissioner shall transfer to the general fund from the highway user tax distribution fund an additional amount sufficient to fund the appropriation for that period, but the additional amount so transferred to the general fund in a six-month period may not exceed the amount transferred to the highway user tax distribution fund for that six-month period as follows:

(1) 20 percent to the Minnesota transportation trust fund established under section 174.45; and

(2) the remainder to the general fund.

Sec. 8. Minnesota Statutes 1996, section 299D.01, is amended by adding a subdivision to read:

Subd. 9. [APPROPRIATIONS.] Appropriations for the operations of the state patrol, other than commercial motor vehicle inspection and enforcement activities, must be from the general fund.

Sec. 9. Minnesota Statutes 1996, section 299D.03, subdivision 5, is amended to read:

day of the month in which these moneys were collected, to the county treasurer of the county where the violation occurred. Three-eighths of these receipts shall be credited to the general revenue fund of the county. The other five-eighths of these receipts shall be transmitted by that officer to the state treasurer and shall be credited as follows:

(1) In the fiscal year ending June 30, 1991, the first $275,000 in money received by the state treasurer after June 4, 1991, must be credited to the transportation services fund, and the remainder in the fiscal year credited to the trunk highway fund.

(2) In fiscal year 1992, the first $215,000 in money received by the state treasurer in the fiscal year must be credited to the transportation services fund, and the remainder credited to the trunk highway fund.

(3) In fiscal years 1993 and subsequent years, the entire amount received by the state treasurer must be credited to the trunk highway to the general fund. If, however, the violation occurs within a municipality and the city attorney prosecutes the offense, and a plea of not guilty is entered, one-third of the receipts shall be credited to the general revenue fund of the county, one-third of the receipts shall be paid to the municipality prosecuting the offense, and one-third shall be transmitted to the state treasurer as provided in this subdivision. All costs of participation in a nationwide police communication system chargeable to the state of Minnesota shall be paid from appropriations for that purpose.

(b) Notwithstanding any other provisions of law, all fines and forfeited bail money from violations of statutes governing the maximum weight of motor vehicles, collected from persons apprehended or arrested by employees of the state of Minnesota, by means of stationary or portable scales operated by these employees, shall be paid by the person or officer collecting the fines or forfeited bail money, on or before the tenth day after the last day of the month in which the collections were made, to the county treasurer of the county where the violation occurred. Five-eighths of these receipts shall be transmitted by that officer to the state treasurer and shall be credited to the highway user tax distribution fund. Three-eighths of these receipts shall be credited to the general revenue fund of the county.

Sec. 10. [CONSTITUTIONAL AMENDMENT PROPOSED.]

An amendment is proposed to the Minnesota Constitution, article XIV, sections 5, 9, and by adding sections.

If the amendment is adopted, article XIV, section 5, will read:

Sec. 5. There is hereby created a highway user tax distribution fund to be used solely for highway purposes as specified in this article. The fund consists of the proceeds of any taxes authorized by sections 9 and section 10 of this article. The net proceeds of the taxes shall be apportioned: 62 percent to the trunk highway fund; 29 percent to the county state-aid highway fund; nine percent to the municipal state-aid street fund. Five percent of the net proceeds of the highway user tax distribution fund may be set aside and apportioned by law to one or more of the three foregoing funds. The balance of the highway user tax distribution fund shall be transferred to the trunk highway fund, the county state-aid highway fund, and the municipal state-aid street fund in accordance with the percentages set forth in this section. No change in the apportionment of the five percent may be made within six years of the last previous change.

article XIV, section 9, will read:

article XIV, section 12, will read:

Sec. 12. A Minnesota transportation trust fund is created to be used exclusively for highway and transit purposes as defined by law. The fund consists of money paid into it under section 9 and other money as provided by law. The commissioner of transportation or its successor agency shall recommend to the legislature appropriations from the fund for highway and transit purposes for each legislative budget period.

and article XIV, section 13, will read:

Sec. 13. Not less than 20 percent of the proceeds from a tax levied on the purchase price of new and used motor vehicles must be allocated by law to the Minnesota transportation trust fund established in section 12.

Sec. 11. [SUBMISSION TO VOTERS.]

The constitutional amendment shall be submitted to the people at the 1998 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended to dedicate (1) the proceeds from state registration taxes on motor vehicles, and (2) not less than 20 percent of the proceeds from a sales tax on new and used motor vehicles, to a Minnesota transportation trust fund dedicated exclusively to highway and transit purposes as defined by law?

Yes . . . . . . .

No . . . . . . . ."

Sec. 12. [REPEALER.]

Minnesota Statutes 1996, sections 168.012, subdivision 12; 168.013, subdivision 8; 168.021, subdivision 4; 168.041, subdivision 11; 168.042, subdivision 15; 168.057; 168.091, subdivision 3; 168.123, subdivision 5; 168.128, subdivision 4; 168.1292, subdivision 4; 168.231; and 168.82, subdivision 2, are repealed.

Sec. 13. [INSTRUCTION TO REVISOR.]

The revisor of statutes shall, in the next and subsequent editions of Minnesota Statutes, change the term "highway user tax distribution fund" to "Minnesota transportation trust fund" in sections 168.017, subdivision 5; 168.091, subdivision 3; 168.10, subdivision 1i; 168.12, subdivisions 2, 2a, 2b, 2c, 2d, 2e, and 5; 168.127, subdivision 6; 168.129, subdivision 5; 168.1296, subdivision 5; 168.15, subdivision 3; 168.29; 168.33, subdivision 7; 168.381; 168.62, subdivision 3; and 168.63, subdivision 5.

Sec. 14. [EFFECTIVE DATE.]

(a) Sections 1 and 2 are effective the day following final enactment.

(b) Sections 3 and 5 are effective July 1, 1998.

(c) Sections 4, 6, 7, 8, 9, 12, and 13 are effective July 1, 1999.

(d) If the constitutional amendment proposed in section 10 is not adopted at the 1998 general election, sections 4, 6, 7, 8, 9, 12, and 13 shall not take effect.

Section 1. Minnesota Statutes 1996, section 168.053, subdivision 1, is amended to read:

own power, vehicles over the highways of the state from the manufacturer or any other point of origin, to any point of destination, within or without the state, shall make application to the registrar for a drive-away in transit license. This application for annual license shall be accompanied by a registration fee of $250 and contain such information as the registrar may require. Upon the filing of the application and the payment of the fee, the registrar shall issue to each drive-away operator a drive-away in transit license plate, which must be carried and displayed on the power unit consistent with section 169.79 and the plate shall remain on the vehicle while being operated within the state. Additional drive-away in transit license plates desired by any drive-away operator may be secured from the registrar of motor vehicles upon the payment of a fee of $5 for each set of additional license plates. Any person, firm, or corporation engaging in the business as a drive-away operator, of transporting and delivering by means of full mount method, the saddle mount method, the tow bar method, or any combination thereof, and under their own power, motor vehicles, who fails or refuses to file or cause to be filed an application, as is required by law, and to pay the fees therefor as the law requires, shall be found guilty of violating the provisions of sections 168.053 to 168.057 168.056; and, upon conviction, fined not less than $50, and not more than $100, and all costs of court. Each day so operating without securing the license and plates as required therein shall constitute a separate offense within the meaning thereof.

Sec. 2. Minnesota Statutes 1996, section 168.053, subdivision 2, is amended to read:

Subd. 2. Notwithstanding any provisions of subdivision 1 inconsistent herewith the provisions of sections 168.053 to 168.057 168.056 shall also apply to the delivery of new travel trailers, park trailers, manufactured homes, sectional buildings, and semitrailers by towing methods whether or not the power unit is a part of the combination being delivered.

Sec. 3. Minnesota Statutes 1996, section 168.056, is amended to read:

168.056 [VIOLATION A MISDEMEANOR.]

Any person violating the provisions of sections 168.053 to 168.055 shall be guilty of a misdemeanor. The provisions of sections 168.053 to 168.057 168.056 shall not apply where such vehicle is being towed as a temporary movement for the purpose of making repairs, or for the purpose of pulling or towing such vehicle from one point to another point for the purpose of making repairs, or on repossessed cars being towed by an agent or employee of any person or bona fide finance company in the state where such towing is incidental to the repossession of such vehicle.

Sec. 4. Minnesota Statutes 1996, section 168.181, subdivision 1, is amended to read:

Subdivision 1. Notwithstanding any provision of law to the contrary or inconsistent herewith, the registrar of motor vehicles with the approval of the attorney general is hereby empowered to make agreements with the duly authorized representatives of the other states, District of Columbia, territories and possessions of the United States, or arrangements with foreign countries or provinces exempting the residents of such other states, districts, territories and possessions, and foreign countries or provinces using the public streets and highways of this state from the payment of any or all motor vehicle taxes or fees imposed by this chapter, subject to the following conditions and limitations:

(1) Upon condition that the exemption provided herein shall be operative as to a motor vehicle owned by a nonresident only to the extent that under the laws of the state, district, territory or possession, or foreign country or province of residence like exemptions are granted to motor vehicles registered under the laws and owned by residents of Minnesota.

(2) Upon condition that any such motor vehicle so operated in this state by any such nonresident shall at all times carry and display all license number plates or like insignia required by the laws of the state, district, territory or possession, or foreign country or province of residence.

(3) Upon condition that the exemptions provided herein shall not apply to a passenger automobile or travel trailer owned by a resident of any state, district, territory or possession, or foreign country or province temporarily residing in this state while gainfully employed on the same job for a period of six months or more.

(5) Upon condition that the exemption provided herein shall not apply to a truck, tractor, truck-tractor, or semitrailer, except two-wheeled trailers of less than 3,000 pounds carrying capacity; if

(a) The class of its registration does not permit to it a statewide operation in the state of its registration, or if

(b) The registration fee or tax for which it is registered is computed on a mileage basis, or if

(c) Its gross weight exceeds the gross weight for which it is registered in the state, district, territory or possession, or foreign country or province of its registration.

(6) Upon condition that nonresident owners of commercial vehicles, including trucks, truck-tractors, trailers, semitrailers, and buses domiciled in a foreign state, district, territory or possession, or foreign country or province, and bringing such vehicles into the state of Minnesota for the purpose of doing interstate business shall be required to comply with all the laws and regulations as to payment of taxes applicable to like vehicles owned by Minnesota residents unless the state, district, territory or possession, or foreign country or province grants full reciprocity privileges comparable to that extended by sections 168.181 to 168.231 168.221. In the event a state, district, territory or possession, or foreign country or province is not fully reciprocal as to taxes or fees on commercial vehicles or buses operated in interstate commerce, then in that event such owners of foreign commercial vehicles or buses shall be required to pay a tax in an amount similar to the tax of whatever character assessed by such other state, district, territory or possession, or foreign country or province against vehicles registered in Minnesota and operated in interstate commerce in that state, district, territory or possession, or foreign country or province. It is further provided that such owners of foreign commercial vehicles and buses subject to registration under the provisions of this paragraph shall make application for a permit in which shall be set forth the conditions for operation of such vehicles in this state.

Sec. 5. Minnesota Statutes 1996, section 168.181, subdivision 2, is amended to read:

Subd. 2. Agreements made pursuant to this section may also include exemption from taxes or fees on a vehicle owned by a person, firm, or corporation licensed as a motor vehicle dealer or motor vehicle manufacturer in another state or country when such vehicle is operated displaying the dealer plates or manufacturer plates issued to such dealer or manufacturer by the jurisdiction of residence; provided, however, that such operation is not for the purpose of soliciting the sale of vehicles within this state other than at an auction conducted by a motor vehicle auctioneer licensed under section 168.27. Greater privileges shall not be granted to such dealer or manufacturer than permitted by the laws of the jurisdiction of residence. Nothing contained herein shall be construed to apply to or vary the terms and conditions of sections 168.053 to 168.057 168.056.

Sec. 6. Minnesota Statutes 1996, section 168.211, is amended to read:

168.211 [SUBJECTION TO STATE LAWS GENERALLY.]

All vehicles operated in Minnesota pursuant to sections 168.181 to 168.231 168.221 shall be subject to all provisions of law applicable to vehicles owned or operated by Minnesota residents except to the extent that exemption is provided from said laws by such sections.

Sec. 7. Minnesota Statutes 1996, section 168.221, is amended to read:

168.221 [COMMERCIAL VEHICLES; TAXES OR FEES.]

Sec. 8. [EFFECTIVE DATE.]

Sections 1 to 7 are effective July 1, 1999. If the constitutional amendment proposed in article 1, section 10, is not adopted, then sections 1 to 7 shall not take effect."

Delete the title and insert:

"A bill for an act relating to transportation; defining road or highway; requiring certain expenditures from the trunk highway fund; establishing transportation spending goals; creating a transportation trust fund; requiring certain appropriations for the state patrol to be from the general fund; dedicating vehicle registration tax revenues and 20 percent of motor vehicle sales tax revenues to a transportation trust fund; proposing an amendment to the Minnesota Constitution, article XIV, sections 5, 9, and by adding sections; amending Minnesota Statutes 1996, sections 160.02, subdivision 7, and by adding a subdivision; 161.04, by adding a subdivision; 168.053, subdivisions 1 and 2; 168.056; 168.181, subdivisions 1 and 2; 168.211; 168.221; 174.01, by adding a subdivision; 297B.09, subdivision 1; 299D.01, by adding a subdivision; and 299D.03, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 168; and 174; repealing Minnesota Statutes 1996, sections 168.012, subdivision 12; 168.013, subdivision 8; 168.021, subdivision 4; 168.041, subdivision 11; 168.042, subdivision 15; 168.057; 168.091, subdivision 3; 168.123, subdivision 5; 168.128, subdivision 4; 168.1292, subdivision 4; 168.231; and 168.82, subdivision 2."

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 3297, A bill for an act relating to the environment; clarifying time for filing an action under MERLA; amending Minnesota Statutes 1996, section 115B.11.

Reported the same back with the following amendments:

Page 1, delete lines 6 to 14 and insert:

"Section 1. Minnesota Statutes 1996, section 115B.02, is amended by adding a subdivision to read:

Subd. 4a. [CONSTRUCTION.] "Construction" means actions taken after the selection of remedial actions such as excavation, building of structures, installation of equipment or fixtures, and other physical actions to respond to a release or threatened release, but does not include operation, maintenance, and monitoring actions taken after the response action is fully constructed and operational.

Sec. 2. Minnesota Statutes 1996, section 115B.11, is amended to read:

115B.11 [STATUTE OF LIMITATIONS.]

Subdivision 1. [ACTION FOR RECOVERY OF COSTS.] (a) An action for recovery of response costs under section 115B.04, including recovery of costs and expenses under section 115B.17, subdivision 6, may be commenced any time after costs and expenses have been incurred but must be commenced no later than six years after commencement of construction of a response action.

Page 2, after line 2, insert:

"Sec. 3. Minnesota Statutes 1996, section 115B.17, is amended by adding a subdivision to read:

Subd. 2b. [PUBLIC NOTICE OF PROPOSED RESPONSE ACTIONS.] Before selecting a remedial action to respond to a release or threatened release listed pursuant to subdivision 13, the commissioner shall make reasonable efforts to provide written notice of the proposed remedial action to the public, and provide an opportunity for submission of comments on the proposed remedial action. The notice shall also be given to all persons known to the commissioner at the time of the notice who the commissioner has reason to believe are responsible for the release or threatened release, including all persons who have previously received a request for response action under subdivision 1 with respect to the release or threatened release."

Page 2, line 3, delete "2" and insert "4"

Page 2, delete lines 4 and 5 and insert:

"Sections 1 to 3 are effective the day following final enactment. Section 2 applies to actions for recovery of costs commenced on or after that date."

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "requiring public notice of proposed response actions;"

Page 1, line 4, delete "section" and insert "sections 115B.02, by adding a subdivision;" and before the period, insert "; and 115B.17, by adding a subdivision"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 3324, A bill for an act relating to public safety; regulating excavation notice system; authorizing commissioner of public safety to appoint pipeline safety committee; increasing civil penalty; amending Minnesota Statutes 1996, sections 216D.04, subdivisions 1, 3, and by adding a subdivision; 216D.05; and 216D.08, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 299J; repealing Minnesota Statutes 1996, section 299J.06.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 216D.04, subdivision 1, is amended to read:

Subdivision 1. [NOTICE OF EXCAVATION REQUIRED; CONTENTS.] (a) Except in an emergency, an excavator shall and a land surveyor may contact the notification center and provide an excavation or location notice at least 48 hours before beginning any excavation or boundary survey, excluding Saturdays, Sundays, and holidays. An excavation or boundary survey begins, for purposes of this requirement, the first time excavation or a boundary survey occurs in an area that was not previously identified by the excavator or land surveyor in an excavation or boundary survey notice.

(b) The excavation or boundary survey notice may be oral or written, and must contain the following information:

(2) the precise location of the proposed area of excavation or boundary survey;

(3) the name, address, and telephone number of the excavator or land surveyor or excavator's or land surveyor's company;

(4) the excavator's or land surveyor's field telephone number, if one is available;

(5) the type and the extent of the proposed excavation or boundary survey work;

(6) whether or not the discharge of explosives is anticipated; and

(7) the date and time when excavation or boundary survey is to commence.; and

(8) the estimated duration of the excavation.

(c) The boundary survey notice may be oral or written, and must contain the following information:

(1) the name of the individual providing the boundary survey;

(2) the precise location of the proposed area of the boundary survey;

(3) the name, address, and telephone number of the land surveyor or the land surveyor's company;

(4) the land surveyor's field telephone number, if available;

(5) the extent of the proposed boundary survey; and

(6) the date and time when the boundary survey is to commence.

Sec. 2. Minnesota Statutes 1996, section 216D.04, subdivision 3, is amended to read:

Subd. 3. [LOCATING UNDERGROUND FACILITIES.] (a) An operator shall, within 48 hours after receiving an excavation notice or within 96 hours after receiving a location notice from the center, excluding Saturdays, Sundays, and holidays, unless otherwise agreed to between the excavator or land surveyor and operator, locate and mark or otherwise provide the approximate horizontal location of the underground facilities of the operator and provide readily available information regarding the operator's abandoned and out-of-service underground facilities as shown on maps, drawings, diagrams, or other records used in the operator's normal course of business, without cost to the excavator or land surveyor. The excavator or land surveyor shall determine the precise location of the underground facility, without damage, before excavating within two feet of the marked location of the underground facility.

An operator shall, within 96 hours after receiving a location notice for boundary survey from the notification center, excluding Saturdays, Sundays, and holidays, unless otherwise agreed to between the land surveyor and operator, locate and mark or otherwise provide the approximate horizontal location of the underground facilities of the operator, without cost to the land surveyor.

(b) For the purpose of this section, the approximate horizontal location of the underground facilities is a strip of land two feet on either side of the underground facilities.

(c) Markers used to designate the approximate location of underground facilities must follow the current color code standard used by the American Public Works Association.

(e) Effective January 1, 1999, operators shall maintain maps, drawings, diagrams, or other records of any underground facility abandoned or out of service after December 31, 1998.

(f) An operator providing information pursuant to this subdivision is not responsible to any person, for any costs, claims, or damages for information provided regarding abandoned or out-of-service underground facilities.

Sec. 3. Minnesota Statutes 1996, section 216D.04, is amended by adding a subdivision to read:

Subd. 4. [LOCATING UNDERGROUND FACILITIES; EXCAVATOR OR LAND SURVEYOR.] (a) The excavator or land surveyor shall determine the precise location of the underground facility, without damage, before excavating within two feet on either side of the marked location of the underground facility.

(b) If the excavator or land surveyor postpones the excavation or boundary survey commencement time stated in the excavation or location notice by more than 96 hours, or cancels the excavation or boundary survey, the excavator or land surveyor shall notify the notification center.

(c) The notification center excavation or location notice will be void six months from the issue date on the notice. A new notice will need to be issued to continue excavation.

Sec. 4. Minnesota Statutes 1996, section 216D.05, is amended to read:

216D.05 [PRECAUTIONS TO AVOID DAMAGE.]

An excavator shall:

(1) plan the excavation to avoid damage to and minimize interference with underground facilities in and near the construction area, using white markings for proposed excavations where practical;

(2) maintain a clearance between an underground facility and the cutting edge or point of any mechanized equipment, considering the known limit of control of the cutting edge or point to avoid damage to the facility;

(3) provide support for underground facilities in and near the construction area, including during backfill operations, to protect the facilities; and

(4) conduct the excavation in a careful and prudent manner.

Sec. 5. Minnesota Statutes 1996, section 216D.08, subdivision 1, is amended to read:

Subdivision 1. [PENALTY.] A person who is engaged in excavation for remuneration or an operator other than an operator subject to section 299F.59, subdivision 1, who violates sections 216D.01 to 216D.07 is subject to a civil penalty to be imposed by the commissioner not to exceed $500 $1,000 for each violation per day of violation. An operator subject to section 299F.59, subdivision 1, who violates sections 216D.01 to 216D.07 is subject to a civil penalty to be imposed under section 299F.60.

Sec. 6. Minnesota Statutes 1996, section 216D.08, subdivision 3, is amended to read:

Subd. 3. [CREDITED TO PIPELINE SAFETY ACCOUNT; APPROPRIATION.] Penalties collected under this section must be deposited in the state treasury and credited to the pipeline safety account to be applied to the reduction of expenses or costs assessed by the commissioner against persons regulated under this chapter. Penalties collected under this section are annually appropriated to the commissioner of public safety."

Delete the title and insert:

"A bill for an act relating to public safety; regulating excavation notice system; increasing civil penalty; appropriating money; amending Minnesota Statutes 1996, sections 216D.04, subdivisions 1, 3, and by adding a subdivision; 216D.05; and 216D.08, subdivisions 1 and 3."

With the recommendation that when so amended the bill pass.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 3432, A bill for an act relating to insurance; regulating life insurance company investments and financial transactions; regulating qualified long-term care policies; modifying the definition of chronically ill individual; amending Minnesota Statutes 1996, section 61A.28, subdivisions 6, 9a, and 12; Minnesota Statutes 1997 Supplement, section 62S.01, subdivision 8.

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

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 3484, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for facility restoration of the Earl C. Buck Operating Center in Duluth.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 3608, A bill for an act relating to education; repealing the Minnesota education finance act of 1992; repealing Minnesota Statutes 1996, sections 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; and 124A.73; Minnesota Statutes 1997 Supplement, section 124A.711, subdivision 2; and Laws 1992, chapter 499, article 7, section 31.

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

The report was adopted.

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

H. F. No. 3644, A bill for an act relating to telecommunications; modifying voting requirements for extended area service within combined school districts; amending Laws 1997, chapter 59, section 1, subdivision 3.

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

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

S. F. No. 816, A bill for an act relating to animals; requiring court order issued on complaint of animal cruelty to require that peace officer be accompanied by veterinarian; allowing veterinarians to dock horses; modifying requirements for the care of equine animals; repealing restrictions on clipped animals; changing dog house specifications; amending Minnesota Statutes 1996, sections 343.22, subdivision 1; 343.25; 343.40, subdivision 2; and 346.38, subdivisions 4 and 5; repealing Minnesota Statutes 1996, section 343.26.

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 343.24, subdivision 1, is amended to read:

Subdivision 1. [PENALTY.] Any person who does any of the following is guilty of a misdemeanor: (a) Carries or causes to be carried, any live animals upon any vehicle or otherwise, without providing suitable racks, cars, crates, or cages in which the animals can both stand and lie down during transportation and while awaiting slaughter; (b) Carries or causes to be carried, upon a vehicle or otherwise, any live animal having, except an animal that weighs 150 pounds or less and is cloven-hoofed, that has its feet or legs tied together, or in any other a cruel or inhuman inhumane manner or for a time in excess of one hour; (c) Transports or detains livestock in cars or compartments for more than 28 consecutive hours without unloading the livestock in a humane manner into properly equipped pens for rest, water, and feeding for a period of at least five consecutive hours, unless requested to do so as provided in subdivision 2, or unless prevented by storm or unavoidable causes which cannot be anticipated or avoided by the exercise of due diligence and foresight; or (d) Permits livestock to be crowded together without sufficient space to stand, or so as to overlie, crush, wound, or kill each other.

Sec. 2. Minnesota Statutes 1996, section 343.40, subdivision 2, is amended to read:

Subd. 2. [BUILDING SPECIFICATIONS.] The shelter shall include a moistureproof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It shall be made of durable material with a solid, moisture-proof floor or a floor raised at least two inches from the ground and with the entrance covered by a flexible windproof material or a self-closing swinging door. Between November 1 and March 31 the structure must have a windbreak at the entrance. The structure shall be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat.

Sec. 3. Minnesota Statutes 1996, section 346.38, subdivision 4, is amended to read:

Subd. 4. [SHELTER.] Equines must be provided a minimum of free choice protection or of a constructed or natural shelter from direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind, and from freezing precipitation that is available during extreme weather conditions. Natural or constructed shelters must be of sufficient size to provide the necessary protection. Constructed shelters must, be structurally sound, free of injurious matter, maintained in good repair, and ventilated. Outdoor exercise paddocks for equines do not require constructed or natural shelters where such shelter is available to the equine elsewhere on the property."

Delete the title and insert:

"A bill for an act relating to animals; specifying proper care of certain animals; amending Minnesota Statutes 1996, sections 343.24, subdivision 1; 343.40, subdivision 2; and 346.38, subdivision 4."

With the recommendation that when so amended the bill pass.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

S. F. No. 908, A bill for an act relating to financial institutions; trust companies; providing for the organization, powers, and duties of trust companies; providing fiduciary provisions for trust companies and banks exercising trust powers; regulating interstate trust offices; making conforming changes; amending Minnesota Statutes 1996, sections 48.01, subdivision 1; 48.36, subdivision 1; 48.37; 48.39; 48.41; 48.42; 48.43; 48.44; 48.45; 48.46; 48.47; 50.085, subdivision 14; 303.25, subdivision 3; 525.551, subdivision 6; and 525.56, subdivision 4; Minnesota Statutes 1997 Supplement, sections 16A.6701, subdivision 1; and 48.01, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 48A; repealing Minnesota Statutes 1996, sections 48.38; 48.475; 48.65; 48.66; 48.67; 48.68; 48.69; 48.70; 48.71; 48.72; 48.73; 48.75; 48.76; 48.77; 48.78; 48.79; 48.80; 48.81; 48.82; 48.83; 48.84; 48.841; 48.845; 48.846; 48.85; and 48.86; and Minnesota Statutes 1997 Supplement, section 48.476.

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

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

S. F. No. 1583, A bill for an act relating to state government; setting state policy for regulatory rules and programs of agencies; regulating obsolete, unnecessary, or duplicative rules; amending Minnesota Statutes 1996, sections 14.05, subdivision 5; and 14.131; proposing coding for new law in Minnesota Statutes, chapter 14.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [14.002] [STATE REGULATORY POLICY.]

The legislature recognizes the important and sensitive role for administrative rules in implementing policies and programs created by the legislature. However, the legislature finds that some regulatory rules and programs have become overly prescriptive and inflexible, thereby increasing costs to the state, local governments, and the regulated community and decreasing the effectiveness of the regulatory program. Therefore, whenever feasible, state agencies must develop rules and regulatory programs that emphasize superior achievement in meeting the agency's regulatory objectives and maximum flexibility for the regulated party and the agency in meeting those goals.

Sec. 2. Minnesota Statutes 1997 Supplement, section 14.05, subdivision 5, is amended to read:

Subd. 5. [REVIEW AND REPEAL OF RULES.] By December 1 of each year, an agency shall must submit a list of all the rules of the agency to the governor, the legislative coordinating commission, the policy and funding committees and divisions with jurisdiction over the agency, and the revisor of statutes. The, a list must identify of any rules or portions of rules that are obsolete and should be repealed, unnecessary, or duplicative of other state or federal statutes or rules. The list must also include an explanation of why the rule or portion of the rule is obsolete and the agency's, unnecessary, or duplicative of other state or federal statutes or rules. By December 1, the agency must either report a timetable for repeal of the rule or portion of the rule, or must develop a bill for submission to the appropriate policy committee to repeal the obsolete, unnecessary, or duplicative rule. Such a bill must include proposed authorization to use the expedited procedures of section 14.389 to repeal or amend the obsolete, unnecessary, or duplicative rule. A report submitted under this subdivision must be signed by the person in the agency who is responsible for identifying and initiating repeal of obsolete rules. The report also must identify the status of any rules identified in the prior year's report as obsolete, unnecessary, or duplicative. If none of an agency's rules are obsolete, unnecessary, or duplicative, an agency's December 1 report must state that conclusion.

Sec. 3. [14.116] [NOTICE TO LEGISLATURE.]

When an agency mails notice of intent to adopt rules under section 14.14 or 14.22, the agency must make reasonable efforts to send a copy of the same notice and a copy of the statement of need and reasonableness to the following:

(1) all people who are still legislators and who were main authors, or supporting authors, of the law granting the agency the statutory authority the agency relies upon as authority to adopt the proposed rule; and

(2) the chairs of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules.

Sec. 4. Minnesota Statutes 1997 Supplement, section 14.131, is amended to read:

14.131 [STATEMENT OF NEED AND REASONABLENESS.]

Before the agency orders the publication of a rulemaking notice required by section 14.14, subdivision 1a, the agency shall must prepare, review, and make available for public review a statement of the need for and reasonableness of the rule. The statement of need and reasonableness must be prepared under rules adopted by the chief administrative law judge and must include the following to the extent the agency, through reasonable effort, can ascertain this information:

(2) the probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues;

(3) a determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule;

(4) a description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule;

(5) the probable costs of complying with the proposed rule; and

(6) an assessment of any differences between the proposed rule and existing federal regulations and a specific analysis of the need for and reasonableness of each difference.

For rules setting, adjusting, or establishing regulatory, licensure, or other charges for goods and services, the statement of need and reasonableness must include the comments and recommendations of the commissioner of finance and must address any fiscal and policy concerns raised during the review process, as required by section 16A.1285.

The statement must describe how the agency, in developing the rules, considered and implemented the legislative policy supporting performance-based regulatory systems set forth in section 14.002.

The statement must also describe the agency's efforts to provide additional notification to persons or classes of persons who may be affected by the proposed rule or must explain why these efforts were not made.

The agency shall must send a copy of the statement of need and reasonableness to the legislative reference library when it becomes available for public review.

Sec. 5. [STUDY.]

The legislative coordinating commission, or a subcommittee appointed by the commission, must report to the legislature by January 15, 1999, on broad statutory delegations of rulemaking authority to state agencies. The report must include proposed legislation to repeal or modify delegations of authority which the commission believes to be overly broad. The commission must notify appropriate policy committees of these overly broad delegations, and must encourage the committees to propose legislation with more specific delegations of authority. In its study, the commission must consider, among other delegation, the authority granted in the following sections of Minnesota Statutes: 16B.04, subdivision 1; 41A.04, subdivision 4; 45.023; 84.03; 103B.101, subdivision 7; 115B.28, subdivision 1; 116J.035, subdivision 2; 147.01, subdivision 3; 148.05; 148.08, subdivision 3; 148.191, subdivision 2; 148.53; 148B.20, subdivision 1; 148B.31; 150A.04, subdivision 5; 151.06, subdivision 1; 153.02; 154.24; 156.01, subdivision 3; 175.171; 179A.04, subdivision 3; 182.657; 216A.07, subdivision 5; 216B.08; 216C.02, subdivision 3; 223.19; 239.06; 256.975, subdivision 2; 268.0122, subdivision 5; 268.021; 270.06; 299J.04, subdivision 1; 299K.03, subdivision 5; 326.06; 326.18; 326.241, subdivision 2; 352.03, subdivision 4; 363.05, subdivision 1; 401.03; 462A.06; 611A.33; and 626.843, subdivision 1."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "providing notice of rulemaking action to the legislature; requiring a study;"

Page 1, line 5, delete "1996" and insert "1997 Supplement"

With the recommendation that when so amended the bill pass.

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

S. F. No. 2028, A bill for an act relating to traffic regulations; requiring medical emergency vehicle to sound both audible signal and display lighted red light when responding to emergency; amending Minnesota Statutes 1997 Supplement, section 169.17.

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

The report was adopted.

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

S. F. No. 2119, A bill for an act relating to local government; authorizing municipalities to provide for contract bid specifications, design, and construction standards; amending Minnesota Statutes 1996, section 471.345, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 14, after "may" insert "for projects with an estimated construction cost of $2,000,000 or less"

Page 2, line 1, after the period, insert "Notice of requests for proposals must be advertised in the same manner as bids solicited under subdivisions 2 to 14 and sections 412.491 to 412.531, 429.041, and 471.35."

Page 2, lines 1 and 2, delete "the requests" and insert "its review of proposals" and after "those" insert "submitted by"

Page 2, after line 19, insert:

"(c) Contractors selected in accordance with this subdivision shall be, employ or have as a partner, member, co-venturer or subcontractor, persons licensed and registered under chapter 326 to provide the services required to complete the project.

(d) A citizen advisory board, separate from a planning commission, appointed by the governing body of the municipality shall review the request for proposals under this subdivision and make recommendations for the selection of a contractor. The board shall have at least three members and, if practical, one member must be an architect, engineer, landscape architect, land surveyor, geoscientist, or interior designer licensed to practice in Minnesota. Final selection of the contractor and approval of the design or project must be made by the governing body of the municipality."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 2163, A bill for an act relating to motor vehicles; regulating licensed dealers; providing an exception; amending Minnesota Statutes 1996, section 168.27, subdivision 8; Minnesota Statutes 1997 Supplement, section 168.27, subdivision 1.

Reported the same back with the following amendments:

Page 3, line 23, after the stricken period insert ", other than pioneer or classic motor vehicles as defined in section 168.10, subdivisions 1a and 1b,"

Page 3, line 24, after "organization" insert ", or (iii) sales by a licensed auctioneer selling motor vehicles at an auction if, in the ordinary course of the auctioneer's business, the sale of motor vehicles is incidental to the sale of other real or personal property"

Amend the title as follows:

Page 1, line 3, delete "an exception" and insert "exceptions"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 2170, A bill for an act relating to recreational vehicles; exempting licensed sellers of boat and snowmobile trailers from certain contract or franchise requirements; exempting watercraft trailers and all-terrain vehicle trailers from the prohibition against sale of motor vehicles on Sunday; amending Minnesota Statutes 1996, sections 168.27, subdivision 22; and 168.275.

Reported the same back with the following amendments:

Page 2, lines 9 and 12, after the first "trailers" insert ", utility trailers,"

Page 3, line 4, delete "or"

Page 3, line 6, after "subdivision 8" insert ", (3) trailers designed and used primarily to transport snowmobiles as defined in section 84.81, subdivision 3, or (4) utility trailers as defined in section 168.27, subdivision 20"

Amend the title as follows:

Page 1, line 3, delete "boat and snowmobile" and insert "certain"

Page 1, delete line 5 and insert "dealers in certain trailers"

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

S. F. No. 2252, A bill for an act relating to crimes; modifying criminal penalties for DWI; authorizing sentences to programs of intensive supervision; making technical correction; amending Minnesota Statutes 1997 Supplement, section 169.121, subdivision 3e.

Reported the same back with the following amendments:

Page 1, line 25, delete the new language

Page 2, line 8, delete "and a" and insert "that requires the person to serve at least six days in a local correctional facility"

Page 2, line 9, delete the new language

Page 2, line 21, delete everything after "169.1265" and insert "that requires the person to serve at least six days in a local correctional facility"

Page 2, line 22, delete the new language

Page 2, line 36, delete "and a" and insert "that requires the person to serve at least six days in a local correctional facility"

Page 3, line 1, delete the new language

Page 3, line 11, delete "and a" and insert "that requires the person to serve at least six days in a local correctional facility"

Page 3, line 12, delete the new language

Page 3, line 26, delete everything after "169.1265" and insert "that requires the person to serve at least six days in a local correctional facility"

Page 3, line 27, delete the new language

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 2379, A bill for an act relating to the board of government innovation and cooperation; clarifying the distribution of cooperation and combination aid in certain circumstances when an entire township is annexed by two or more contiguous cities; amending Minnesota Statutes 1997 Supplement, section 465.87, subdivision 1a.

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

The report was adopted.

H. F. Nos. 1244, 2980, 2992, 3040, 3081, 3203, 3297, 3324, 3432, 3608 and 3644 were read for the second time.

S. F. Nos. 816, 908, 1583, 2028, 2119, 2163, 2170, 2252 and 2379 were read for the second time.

The following House Files were introduced:

Lieder, Finseth and Westfall introduced:

H. F. No. 3767, A bill for an act relating to the cities of East Grand Forks and Breckenridge; appropriating money for a loan to the cities for construction of levees; authorizing a means of repayment of the loan.

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

Kalis introduced:

H. F. No. 3768, A bill for an act relating to education; creating a coordinated facilities plan; authorizing a grant to independent school district No. 2135, Maple River; appropriating money.

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

Dorn and Johnson, R., introduced:

H. F. No. 3769, A bill for an act relating to human services; authorizing a grant program to provide support services to caregivers experiencing stress; appropriating money.

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

Macklin introduced:

H. F. No. 3770, A bill for an act relating to taxation; sales; exempting sales by Minnesota correctional industries to the state; amending Minnesota Statutes 1997 Supplement, section 297A.25, subdivision 11.

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

Rifenberg introduced:

H. F. No. 3771, A bill for an act relating to education; modifying the calculation of debt service equalization for independent school district No. 300, La Crescent-Hokah.

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

Huntley, Tomassoni, Abrams and Delmont introduced:

H. F. No. 3772, A bill for an act relating to health; establishing independent review organizations to review adverse determinations in the provision of health care services; imposing liability in making health care treatment decisions; amending Minnesota Statutes 1996, sections 62M.01, subdivision 3; 62M.02, subdivision 12, and by adding a subdivision; 62M.04, subdivision 4; 62M.06, subdivision 1; 62M.07; and 62M.11; proposing coding for new law in Minnesota Statutes, chapter 62M; repealing Minnesota Statutes 1996, sections 62M.06, subdivisions 2, 3, and 4; and 62M.09, subdivisions 4, 4a, and 6.

Clark, K.; Entenza; Greenfield and Wejcman introduced:

H. F. No. 3773, A bill for an act relating to marriages; authorizing marriages between persons of the same gender; amending Minnesota Statutes 1996, section 517.02; Minnesota Statutes 1997 Supplement, sections 517.01; 517.03, subdivision 1; and 517.20.

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

Peterson and Kelso introduced:

H. F. No. 3774, A bill for an act relating to education; funding a pilot project to demonstrate successful and effective integration of technology to implement the graduation standards and profile of learning; authorizing a grant to independent school district No. 62, Ortonville; appropriating money.

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

Tunheim introduced:

H. F. No. 3775, A bill for an act relating to education; authorizing a grant for distance learning programs to independent school district No. 390, Lake of the Woods; appropriating money.

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

Mullery, Carlson and Clark, K., introduced:

H. F. No. 3776, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for a visitor center in the St. Anthony Falls heritage zone.

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

Long introduced:

H. F. No. 3777, A bill for an act relating to taxation; corporate franchise; adopting the federal rules for charitable contribution deductions; amending Minnesota Statutes 1996, section 290.21, subdivision 3.

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

Wagenius, Long and Dawkins introduced:

H. F. No. 3778, A bill for an act relating to property taxation; creating a temporary property tax exemption for certain properties; proposing coding for new law in Minnesota Statutes, chapter 273.

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

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 amendments the concurrence of the House is respectfully requested:

H. F. No. 2499, A bill for an act relating to Hennepin county; providing for purchases that may be authorized by the board by rule; amending Minnesota Statutes 1996, section 383B.143, subdivision 4.

Patrick E. Flahaven, Secretary of the Senate

Stanek moved that the House concur in the Senate amendments to H. F. No. 2499 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2499, A bill for an act relating to Hennepin county; removing the dollar limitation for certain small purchases that may be authorized by the board; amending Minnesota Statutes 1996, section 383B.143, subdivision 4.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Mr. Speaker:

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

S. F. Nos. 2532, 2315 and 3297.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2532, A bill for an act relating to children; clarifying certain terms and applicability of certain programs; providing for licensing assistance, outreach, and training; allowing grants for school-age child care programs; allowing certain grants for statewide adult basic education; changing child care licensing requirements for employers; providing for review of certain orders by the commissioner of children, families, and learning; establishing a cash flow account for energy assistance funds; allowing migrant and seasonal farmworkers to carry out community action programs; changing provisions for family day care licensure; appropriating money; amending Minnesota Statutes 1996, sections 119B.10, by adding a subdivision; 119B.13, subdivision 3; 119B.18, subdivision 2, and by adding subdivisions; 119B.19, subdivisions 1, 4, and by adding subdivisions; 120.1701, subdivision 5; 121.8355, by adding a subdivision; 124.26, subdivision 1c; 245A.14, subdivision 4; 256.045, subdivision 6, and by adding a subdivision; 268.52, subdivisions 1 and 2; and 268.54, subdivision 2; Minnesota Statutes 1997 Supplement, sections 119B.01, subdivision 16; 119B.061, subdivisions 1, 2, 3, and 4; 119B.075; 119B.10, subdivision 1; 119B.13, subdivision 6; 119B.21, subdivisions 2, 4, 5, and 11; 256.045, subdivision 7; 268.53, subdivision 5; and 466.01, subdivision 1; Laws 1997, chapters 162, article 1, section 18, subdivision 8; article 3, section 8, subdivision 3; and article 4, section 63, subdivisions 2 and 3; 248, section 47, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 119B; and 268.

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

S. F. No. 2315, A bill for an act relating to technology; making technical changes to show director of office of technology as member of various organizations; amending Minnesota Statutes 1996, sections 62J.451, subdivision 9; and 116O.03, subdivision 2; Minnesota Statutes 1997 Supplement, section 44A.01, subdivision 2; and Laws 1995, First Special Session chapter 3, article 12, section 7, subdivision 1, as amended.

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

S. F. No. 3297, A bill for an act relating to appropriations; appropriating money for higher education and related purposes, with certain conditions; requiring a study; amending Minnesota Statutes 1996, section 136A.101, subdivision 7b; Minnesota Statutes 1997 Supplement, section 136A.121, subdivision 5; Laws 1996, chapter 366, section 6, as amended; Laws 1997, chapter 183, article 1, section 2, subdivisions 6, 9, and 13; and article 2, section 19.

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

S. F. No. 2478, A bill for an act relating to financial institutions; maintaining the Savings Association Act.

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

Winter from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

H. F. Nos. 2601, 2222, 3640, 3250, 3145, 3071, 3201 and 2642; S. F. No. 2621; and H. F. Nos. 2846, 2489 and 2309.

H. F. No. 2601, A bill for an act relating to commerce; regulating lien or claim waivers and subcontractor payments in building and construction contracts; modifying the redemption period for property sold at a mechanic's lien foreclosure sale; amending Minnesota Statutes 1996, section 514.15; Minnesota Statutes 1997 Supplement, section 337.10, 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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Johnson, R.	Mares	Paymar	Swenson, H.
Anderson, B.	Erickson	Juhnke	Marko	Pelowski	Sykora
Anderson, I.	Evans	Kahn	McCollum	Peterson	Tingelstad
Bakk	Farrell	Kalis	McElroy	Pugh	Tomassoni
Bettermann	Finseth	Kelso	McGuire	Rest	Tompkins
Biernat	Folliard	Kielkucki	Milbert	Reuter	Trimble
Bishop	Garcia	Kinkel	Molnau	Rhodes	Tuma
Boudreau	Goodno	Knight	Mulder	Rifenberg	Tunheim
Bradley	Greenfield	Knoblach	Mullery	Rostberg	Van Dellen
Broecker	Greiling	Koskinen	Munger	Rukavina	Vandeveer
Carlson	Gunther	Kraus	Murphy	Schumacher	Wagenius
Chaudhary	Haas	Krinkie	Ness	Seagren	Weaver
Clark, J.	Harder	Kubly	Nornes	Seifert	Wejcman
Clark, K.	Hasskamp	Kuisle	Olson, M.	Sekhon	Wenzel
Daggett	Hausman	Larsen	Opatz	Skare	Westfall
Davids	Hilty	Leighton	Orfield	Skoglund	Westrom
Dawkins	Holsten	Leppik	Osskopp	Slawik	Winter
Dehler	Huntley	Lieder	Osthoff	Smith	Wolf
Journal of the House - 76th Day - Thursday, February 19, 1998 - Top of Page 7091
Delmont	Jaros	Lindner	Otremba, M.	Solberg	Workman
Dempsey	Jefferson	Long	Ozment	Stanek	Spk. Carruthers
Dorn	Jennings	Macklin	Paulsen	Stang
Entenza	Johnson, A.	Mahon	Pawlenty	Sviggum

The bill was passed and its title agreed to.

H. F. No. 2222 was reported to the House.

Kuisle moved to amend H. F. No. 2222, the first engrossment, as follows:

Page 1, line 17, after "contained" insert "at least two but"

The motion prevailed and the amendment was adopted.

H. F. No. 2222, A bill for an act relating to cartways; providing for the establishment of cartways in certain circumstances;amending Minnesota Statutes 1996, section 164.08, subdivision 2.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 93 yeas and 36 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Johnson, R.	Mares	Pelowski	Trimble
Bakk	Farrell	Juhnke	Marko	Peterson	Tuma
Bettermann	Folliard	Kahn	McCollum	Pugh	Tunheim
Biernat	Garcia	Kalis	McGuire	Rest	Van Dellen
Bishop	Greenfield	Kelso	Milbert	Rhodes	Vandeveer
Carlson	Greiling	Kinkel	Mullery	Rukavina	Wagenius
Chaudhary	Gunther	Koskinen	Munger	Schumacher	Weaver
Clark, K.	Hasskamp	Kraus	Murphy	Seagren	Wejcman
Commers	Hausman	Kubly	Ness	Sekhon	Wenzel
Davids	Hilty	Kuisle	Nornes	Skare	Westrom
Dawkins	Holsten	Leighton	Olson, M.	Skoglund	Winter
Delmont	Huntley	Lieder	Opatz	Slawik	Wolf
Dorn	Jaros	Lindner	Osthoff	Stang	Spk. Carruthers
Entenza	Jefferson	Long	Otremba, M.	Swenson, H.
Erhardt	Jennings	Macklin	Paulsen	Tingelstad
Erickson	Johnson, A.	Mahon	Paymar	Tomassoni

Those who voted in the negative were:

Abrams	Daggett	Harder	Leppik	Pawlenty	Stanek
Anderson, B.	Dehler	Kielkucki	McElroy	Reuter	Sviggum
Boudreau	Dempsey	Knight	Molnau	Rifenberg	Sykora
Bradley	Finseth	Knoblach	Mulder	Rostberg	Tompkins
Broecker	Goodno	Krinkie	Osskopp	Seifert	Westfall
Clark, J.	Haas	Larsen	Ozment	Smith	Workman

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

H. F. No. 3640, A bill for an act relating to education; allowing a donation of accrued sick time for certain Minnesota statecollege and university employees; proposing coding for new law in Minnesota Statutes, chapter 136F.

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 126 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Dehler	Kahn	Krinkie	Mulder

The bill was passed and its title agreed to.

H. F. No. 3250, A resolution memorializing the President and Congress of the United States to enact the Aircraft Repair Station Safety Act of 1997.

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

H. F. No. 3145, A bill for an act relating to housing; providing for review of certain allocations and compliance monitoring by the Minnesota housing finance agency; amending Minnesota Statutes 1996, section 462A.223, by adding subdivisions.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Entenza	Johnson, R.	Marko	Peterson	Tingelstad
Anderson, B.	Erhardt	Juhnke	McCollum	Pugh	Tomassoni
Anderson, I.	Erickson	Kalis	McElroy	Rest	Tompkins
Bakk	Evans	Kelso	McGuire	Reuter	Trimble
Journal of the House - 76th Day - Thursday, February 19, 1998 - Top of Page 7094
Bettermann	Farrell	Kielkucki	Milbert	Rhodes	Tuma
Biernat	Finseth	Kinkel	Molnau	Rifenberg	Tunheim
Bishop	Folliard	Knight	Mulder	Rostberg	Van Dellen
Boudreau	Garcia	Knoblach	Mullery	Rukavina	Vandeveer
Bradley	Goodno	Koskinen	Munger	Schumacher	Wagenius
Broecker	Greenfield	Kraus	Murphy	Seagren	Weaver
Carlson	Greiling	Krinkie	Ness	Seifert	Wejcman
Chaudhary	Gunther	Kubly	Nornes	Sekhon	Wenzel
Clark, J.	Haas	Kuisle	Olson, M.	Skare	Westfall
Clark, K.	Harder	Larsen	Opatz	Skoglund	Westrom
Commers	Hasskamp	Leighton	Osskopp	Slawik	Winter
Daggett	Hausman	Leppik	Osthoff	Smith	Wolf
Davids	Hilty	Lieder	Otremba, M.	Solberg	Workman
Dawkins	Huntley	Lindner	Ozment	Stanek	Spk. Carruthers
Dehler	Jaros	Long	Paulsen	Stang
Delmont	Jefferson	Macklin	Pawlenty	Sviggum
Dempsey	Jennings	Mahon	Paymar	Swenson, H.
Dorn	Johnson, A.	Mares	Pelowski	Sykora

The bill was passed and its title agreed to.

H. F. No. 3071, A bill for an act relating to motor fuels; updating petroleum specifications; amending Minnesota Statutes1996, sections 239.761; and 239.792.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

H. F. No. 3201 was reported to the House.

Otremba, M., moved that H. F. No. 3201 be continued on Special Orders. The motion prevailed.

H. F. No. 2642, A bill for an act relating to reemployment insurance; exempting certain overpaid benefits from the standard collection procedure; amending Laws 1997, chapter 202, article 1, section 17, subdivision 8.

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

	McCollumOsskopp

The bill was passed and its title agreed to.

S. F. No. 2621 was reported to the House.

Jefferson moved that S. F. No. 2621 be continued on Special Orders. The motion prevailed.

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

H. F. No. 2846 was reported to the House.

Mahon moved to amend H. F. No. 2846 as follows:

Page 1, line 20, reinstate the stricken language

Page 1, line 21, reinstate the stricken language and strike "55" and insert "30"

The motion prevailed and the amendment was adopted.

H. F. No. 2846, A bill for an act relating to insurance; automobile; reducing premium for completion of accident prevention course; amending Minnesota Statutes 1996, section 65B.28, subdivisions 1, 2, and 4.

The question was taken on the passage of the bill and the roll was called. There were 71 yeas and 59 nays as follows:

Those who voted in the affirmative were:

Abrams	Folliard	Johnson, R.	Mahon	Otremba, M.	Skoglund
Anderson, I.	Garcia	Juhnke	Marko	Ozment	Slawik
Bakk	Greenfield	Kahn	McCollum	Paymar	Solberg
Carlson	Greiling	Kalis	McGuire	Pelowski	Tomassoni
Chaudhary	Hasskamp	Kelso	Milbert	Peterson	Trimble
Clark, K.	Hausman	Kinkel	Mullery	Pugh	Tunheim
Dawkins	Hilty	Koskinen	Munger	Rest	Wagenius
Delmont	Huntley	Kubly	Murphy	Rostberg	Wejcman
Dorn	Jaros	Kuisle	Ness	Rukavina	Wenzel
Entenza	Jefferson	Leighton	Opatz	Schumacher	Winter
Evans	Jennings	Lieder	Orfield	Sekhon	Spk. Carruthers
Farrell	Johnson, A.	Long	Osthoff	Skare

Those who voted in the negative were:

Anderson, B.	Dehler	Kielkucki	McElroy	Rifenberg	Tompkins
Bettermann	Dempsey	Knight	Molnau	Seagren	Tuma
Bishop	Erhardt	Knoblach	Mulder	Seifert	Van Dellen
Boudreau	Erickson	Kraus	Nornes	Smith	Vandeveer
Bradley	Finseth	Krinkie	Olson, M.	Stanek	Weaver
Broecker	Goodno	Larsen	Osskopp	Stang	Westfall
Clark, J.	Gunther	Leppik	Paulsen	Sviggum	Westrom
Commers	Haas	Lindner	Pawlenty	Swenson, H.	Wolf
Daggett	Harder	Macklin	Reuter	Sykora	Workman
Davids	Holsten	Mares	Rhodes	Tingelstad

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

H. F. No. 2489, A bill for an act relating to natural resources; modifying the description of a state trail in Ramsey and Washington counties; amending Minnesota Statutes 1996, section 85.015, subdivision 14.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Erickson	Juhnke	Marko	Peterson	Tingelstad
Anderson, B.	Evans	Kahn	McCollum	Pugh	Tomassoni
Anderson, I.	Farrell	Kalis	McElroy	Rest	Tompkins
Bakk	Finseth	Kelso	McGuire	Reuter	Trimble
Bettermann	Folliard	Kielkucki	Milbert	Rhodes	Tuma
Bishop	Garcia	Kinkel	Molnau	Rifenberg	Tunheim
Boudreau	Goodno	Knight	Mulder	Rostberg	Van Dellen
Bradley	Greenfield	Knoblach	Mullery	Rukavina	Vandeveer
Broecker	Greiling	Koskinen	Murphy	Schumacher	Wagenius
Carlson	Gunther	Kraus	Ness	Seagren	Weaver
Chaudhary	Haas	Krinkie	Nornes	Seifert	Wejcman
Clark, J.	Harder	Kubly	Olson, M.	Sekhon	Wenzel
Clark, K.	Hasskamp	Kuisle	Opatz	Skare	Westfall
Commers	Hausman	Larsen	Orfield	Skoglund	Westrom
Daggett	Hilty	Leighton	Osskopp	Slawik	Winter
Davids	Holsten	Leppik	Osthoff	Smith	Wolf
Dawkins	Huntley	Lieder	Otremba, M.	Solberg	Workman
Dehler	Jaros	Lindner	Ozment	Stanek	Spk. Carruthers
Journal of the House - 76th Day - Thursday, February 19, 1998 - Top of Page 7097
Dempsey	Jefferson	Long	Paulsen	Stang
Dorn	Jennings	Macklin	Pawlenty	Sviggum
Entenza	Johnson, A.	Mahon	Paymar	Swenson, H.
Erhardt	Johnson, R.	Mares	Pelowski	Sykora

The bill was passed and its title agreed to.

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

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

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, February 23, 1998. The motion prevailed.

Winter moved that the House adjourn.

A roll call was requested and properly seconded.

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

Journal of the House - 76th Day - Thursday, February 19, 1998 - Top of Page 7098
Abrams	Erhardt	Johnson, R.	Mares	Paymar	Swenson, H.
Anderson, B.	Erickson	Juhnke	Marko	Pelowski	Sykora
Anderson, I.	Evans	Kahn	McCollum	Peterson	Tingelstad
Bakk	Farrell	Kalis	McElroy	Pugh	Tomassoni
Bettermann	Finseth	Kelso	McGuire	Rest	Tompkins
Bishop	Folliard	Kielkucki	Milbert	Reuter	Trimble
Boudreau	Garcia	Kinkel	Molnau	Rhodes	Tuma
Bradley	Goodno	Knight	Mulder	Rifenberg	Tunheim
Broecker	Greenfield	Knoblach	Mullery	Rostberg	Van Dellen
Carlson	Greiling	Koskinen	Munger	Rukavina	Vandeveer
Chaudhary	Gunther	Kraus	Murphy	Schumacher	Wagenius
Clark, J.	Haas	Krinkie	Ness	Seagren	Weaver
Clark, K.	Harder	Kubly	Nornes	Seifert	Wejcman
Commers	Hasskamp	Kuisle	Olson, M.	Sekhon	Wenzel
Daggett	Hausman	Larsen	Opatz	Skare	Westfall
Davids	Hilty	Leighton	Orfield	Skoglund	Westrom
Dawkins	Holsten	Leppik	Osskopp	Slawik	Winter
Dehler	Huntley	Lieder	Osthoff	Smith	Wolf
Delmont	Jaros	Lindner	Otremba, M.	Solberg	Workman
Dempsey	Jefferson	Long	Ozment	Stanek	Spk. Carruthers
Dorn	Jennings	Macklin	Paulsen	Stang
Entenza	Johnson, A.	Mahon	Pawlenty	Sviggum

The question recurred on the Winter motion and the roll was called.

Weaver moved that those not voting be excused from voting. The motion did not prevail.

There were 65 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Bakk	Garcia	Johnson, R.	Mahon	Otremba, M.	Slawik
Carlson	Greenfield	Juhnke	Marko	Paymar	Solberg
Chaudhary	Greiling	Kahn	McCollum	Pelowski	Tomassoni
Clark, K.	Hasskamp	Kalis	McGuire	Peterson	Trimble
Dawkins	Hausman	Kelso	Milbert	Pugh	Tunheim
Delmont	Hilty	Kinkel	Mullery	Rest	Wagenius
Dorn	Huntley	Koskinen	Munger	Rukavina	Wejcman
Entenza	Jaros	Kubly	Murphy	Schumacher	Wenzel
Evans	Jefferson	Leighton	Opatz	Sekhon	Winter
Farrell	Jennings	Lieder	Orfield	Skare	Spk. Carruthers
Folliard	Johnson, A.	Long	Osthoff	Skoglund

Those who voted in the negative were:

Abrams	Dehler	Knight	Molnau	Rifenberg	Tompkins
Anderson, B.	Dempsey	Knoblach	Mulder	Rostberg	Tuma
Bettermann	Erhardt	Kraus	Ness	Seagren	Van Dellen
Bishop	Erickson	Krinkie	Nornes	Seifert	Vandeveer
Boudreau	Finseth	Kuisle	Olson, M.	Smith	Weaver
Bradley	Goodno	Larsen	Osskopp	Stanek	Westfall
Broecker	Gunther	Leppik	Ozment	Stang	Westrom
Clark, J.	Haas	Lindner	Paulsen	Sviggum	Wolf
Commers	Harder	Macklin	Pawlenty	Swenson, H.	Workman
Daggett	Holsten	Mares	Reuter	Sykora
Davids	Kielkucki	McElroy	Rhodes	Tingelstad

The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, February 23, 1998.