The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 645, relating to insurance; providing a uniform minimum definition of medically necessary care for mental health coverage in health plans.

H. F. No. 108, relating to employment; providing for the protection of health insurance benefits for certain Range technical college employees.

H. F. No. 255, relating to state agencies; changing the membership of the environmental quality board.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
1675		Resolution No. 3	April 23
475		48	1:25 p.m. April 23	April 23
	645	49	1:30 p.m. April 23	April 23
	108	50	1:32 p.m. April 23	April 23
539		51	1:27 p.m. April 23	April 23
1527		52	1:27 p.m. April 23	April 23
	255	53	1:34 p.m. April 23	April 23
	763	54	1:33 p.m. April 23	April 23
	1861	55	1:35 p.m. April 23	April 23
	356	56	1:40 p.m. April 23	April 23
145		66	2:03 p.m. April 23	April 23

Sincerely,

Joan Anderson Growe
Secretary of State

S. F. Nos. 97, 457, 512, 513, 575 and 724 were read for the second time.

The following House Files were introduced:

Skare, Daggett, Lieder, Westfall and Olson, E., introduced:

H. F. No. 2169, A bill for an act relating to local government; allowing cities and counties to provide assistance to other Minnesota cities and counties for 1997 flood relief.

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

Luther introduced:

H. F. No. 2170, A bill for an act relating to education; stating intent to reduce tuition in public post-secondary institutions; appropriating money.

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

Luther introduced:

H. F. No. 2171, A bill for an act relating to education; excluding certain assets from consideration in financial aid; proposing a new formula for determining state grants; amending Minnesota Statutes 1996, sections 136A.101, by adding a subdivision; and 136A.121, subdivisions 5, 6, 7, 9a, and by adding a subdivision.

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

Luther introduced:

H. F. No. 2172, A bill for an act relating to financing higher education; providing that interest does not accrue on certain loans while the student is in school; providing an income tax credit for higher education tuition; providing subtractions from taxable income for certain expenditures for higher education; appropriating money; amending Minnesota Statutes 1996, sections 136A.1701, subdivision 6; 289A.12, by adding a subdivision; and 290.01, subdivision 19b; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Anderson, I.; Abrams; Tunheim; Lieder and Finseth introduced:

H. F. No. 2173, A bill for an act relating to real estate; requiring 60 days' notice of default on a real estate mortgage, notice of termination of a real estate contract for deed, and eight weeks' notice of commencement of a sale and foreclosure proceeding; providing that a court may order a delay in a foreclosure sale or contract termination under certain circumstances; limiting the right to maintain actions for deficiency judgments; amending Minnesota Statutes 1996, sections 47.20, by adding a subdivision; and 559.21, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 580; proposing coding for new law as Minnesota Statutes, chapter 584.

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

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 473, A bill for an act relating to metropolitan government; permitting the metropolitan council to operate preventive health and employee recognition programs; amending Minnesota Statutes 1996, section 473.129, by adding a subdivision.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. No. 1928.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 1928, A bill for an act relating to local government; allowing cities and counties to provide assistance to other Minnesota cities and counties for 1997 flood relief.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Skare moved that the rule therein be suspended and an urgency be declared so that S. F. No. 1928 be given its second and third readings and be placed upon its final passage. The motion prevailed.

Skare moved that the Rules of the House be so far suspended that S. F. No. 1928 be given its second and third readings and be placed upon its final passage. The motion prevailed.

S. F. No. 1928 was read for the second time.

S. F. No. 1928, A bill for an act relating to local government; allowing cities and counties to provide assistance to other Minnesota cities and counties for 1997 flood relief.

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

The bill was passed and its title agreed to.

There being no objection, the order of business reverted to Messages from the Senate.

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 704, A bill for an act relating to utilities; exempting large electric power generating plant from certificate of need proceeding when selected by public utilities commission from a bidding process to select resources to meet utility's projected energy demand; amending Minnesota Statutes 1996, section 216B.2422, subdivision 5.

Patrick E. Flahaven, Secretary of the Senate

The following Conference Committee Report was received:

A bill for an act relating to local government; authorizing boundary commissions; amending Minnesota Statutes 1996, section 465.79.

April 21, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 601, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendments and that H. F. No. 601 be further amended as follows:

Page 1, line 19, before the period, insert "in the respective jurisdiction"

We request adoption of this report and repassage of the bill.

We request adoption of this report and repassage of the bill.

House Conferees: Stephen G. Wenzel, Al Juhnke and Ron Kraus.

Senate Conferees: Jim Vickerman, Don Samuelson and Pat Pariseau.

Wenzel moved that the report of the Conference Committee on H. F. No. 601 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 601, A bill for an act relating to local government; authorizing boundary commissions; amending Minnesota Statutes 1996, section 465.79.

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

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

Those who voted in the affirmative were:

Abrams	Evans	Kalis	Marko	Paymar	Swenson, H.
Anderson, B.	Farrell	Kielkucki	McCollum	Pelowski	Sykora
Anderson, I.	Finseth	Kinkel	McElroy	Peterson	Tomassoni
Bakk	Folliard	Knight	McGuire	Pugh	Tompkins
Biernat	Garcia	Knoblach	Milbert	Rest	Trimble
Bishop	Goodno	Koppendrayer	Molnau	Reuter	Tuma
Boudreau	Greiling	Koskinen	Mulder	Rhodes	Tunheim
Bradley	Gunther	Kraus	Mullery	Rifenberg	Van Dellen
Broecker	Haas	Krinkie	Munger	Rostberg	Vickerman
Carlson	Harder	Kubly	Murphy	Rukavina	Weaver
Journal of the House - 46th Day - Top of Page 3037
Chaudhary	Hasskamp	Kuisle	Ness	Schumacher	Wejcman
Clark	Hausman	Larsen	Nornes	Seagren	Wenzel
Commers	Hilty	Leighton	Olson, E.	Seifert	Westfall
Daggett	Holsten	Leppik	Olson, M.	Sekhon	Westrom
Davids	Huntley	Lieder	Opatz	Skare	Winter
Dawkins	Jaros	Lindner	Orfield	Skoglund	Wolf
Dehler	Jefferson	Long	Osskopp	Smith	Workman
Delmont	Jennings	Luther	Osthoff	Solberg	Spk. Carruthers
Dempsey	Johnson, A.	Macklin	Otremba	Stanek
Dorn	Johnson, R.	Mahon	Ozment	Stang
Entenza	Juhnke	Mares	Paulsen	Sviggum
Erhardt	Kahn	Mariani	Pawlenty	Swenson, D.

The bill was repassed, as amended by Conference, and its title agreed to.

The following message was 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. 1075, A bill for an act relating to health; regulating professional health services under the professional corporation act; amending Minnesota Statutes 1996, section 319A.02, by adding a subdivision.

Patrick E. Flahaven, Secretary of the Senate

Pugh moved that the House concur in the Senate amendments to H. F. No. 1075 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1075, A bill for an act relating to health; regulating the practice of certain professional health services; amending Minnesota Statutes 1996, section 319A.02, by adding a subdivision; Laws 1997, chapter 22, section 6, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 319B.

.

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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Evans	Kalis	Mariani	Paymar	Swenson, H.
Anderson, B.	Farrell	Kelso	Marko	Pelowski	Sykora
Anderson, I.	Finseth	Kielkucki	McElroy	Peterson	Tomassoni
Bakk	Folliard	Kinkel	McGuire	Pugh	Tompkins
Biernat	Garcia	Knight	Milbert	Rest	Trimble
Bishop	Goodno	Knoblach	Molnau	Reuter	Tuma
Boudreau	Greenfield	Koppendrayer	Mulder	Rhodes	Tunheim
Bradley	Greiling	Koskinen	Mullery	Rifenberg	Van Dellen
Journal of the House - 46th Day - Top of Page 3038
Broecker	Gunther	Kraus	Munger	Rostberg	Vickerman
Carlson	Haas	Krinkie	Murphy	Rukavina	Wagenius
Chaudhary	Harder	Kubly	Ness	Schumacher	Weaver
Clark	Hasskamp	Kuisle	Nornes	Seagren	Wejcman
Commers	Hausman	Larsen	Olson, E.	Seifert	Wenzel
Daggett	Hilty	Leighton	Olson, M.	Sekhon	Westfall
Davids	Holsten	Leppik	Opatz	Skare	Westrom
Dawkins	Huntley	Lieder	Orfield	Skoglund	Winter
Dehler	Jaros	Lindner	Osskopp	Smith	Wolf
Delmont	Jefferson	Long	Osthoff	Solberg	Workman
Dempsey	Jennings	Luther	Otremba	Stanek	Spk. Carruthers
Dorn	Johnson, A.	Macklin	Ozment	Stang
Entenza	Johnson, R.	Mahon	Paulsen	Sviggum
Erhardt	Juhnke	Mares	Pawlenty	Swenson, D.

The bill was repassed, as amended by the Senate, and its title agreed to.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1905.

The Speaker called Long to the Chair.

S. F. No. 1905 was reported to the House.

Ozment moved to amend S. F. No. 1905, the second unofficial engrossment, as follows:

Page 8, after line 3, insert:

"The house television office shall log all citizen comments received and shall distribute the comments to house members on a bi-weekly basis."

The motion prevailed and the amendment was adopted.

Dawkins moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 52, after line 1, insert:

"Sec. 79. Minnesota Statutes 1996, section 363.073, subdivision 1, is amended to read:

commissioner shall signify that a firm or business has an affirmative action plan that has been approved by the commissioner. A certificate shall be valid for a period of two years. A municipality as defined in section 466.01, subdivision 1, that receives state money for any reason is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the disabled and submit the plan to the commissioner of human rights."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Kubly and Rukavina moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 16, line 33, after "outpatient" insert "and inpatient"

The motion prevailed and the amendment was adopted.

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

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

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

Sviggum moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

"Sec. 34. [APPROPRIATION REDUCTION.]

All appropriations from the general fund in this article are reduced by two percent. The savings resulting from these reductions are for the taxpayers of Minnesota."

Adjust bill totals accordingly

Renumber subsequent sections

Correct internal cross-references

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 61 yeas and 71 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

Kahn moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 22, line 15, after the comma, insert "if an equivalent gift is given or offered to all other participants,"

The motion prevailed and the amendment was adopted.

Krinkie moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Delete Page 16, line 48 to Page 17, line 3

Adjust section and bill totals accordingly

Page 20, after line 4, insert:

"Sec. 34. [SAVINGS.]

The $4,000,000 savings from not appropriating money for a pilot project for youth sports are returned to the general fund for the taxpayers of Minnesota."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 28 yeas and 105 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Krinkie	Mulder	Seifert	Tompkins
Anderson, B.	Haas	Kuisle	Nornes	Sviggum	Tuma
Bradley	Kielkucki	Leppik	Olson, M.	Swenson, H.	Van Dellen
Commers	Knoblach	Lindner	Paulsen	Sykora
Dempsey	Koppendrayer	Molnau	Rifenberg	Tingelstad

Those who voted in the negative were:

Anderson, I.	Farrell	Johnson, R.	Mariani	Pelowski	Swenson, D.
Bakk	Finseth	Juhnke	Marko	Peterson	Tomassoni
Bettermann	Folliard	Kahn	McCollum	Pugh	Trimble
Biernat	Garcia	Kalis	McElroy	Rest	Tunheim
Bishop	Goodno	Kelso	McGuire	Reuter	Vickerman
Boudreau	Greenfield	Kinkel	Milbert	Rhodes	Wagenius
Broecker	Greiling	Knight	Mullery	Rostberg	Weaver
Carlson	Gunther	Koskinen	Munger	Rukavina	Wejcman
Chaudhary	Harder	Kraus	Murphy	Schumacher	Wenzel
Clark	Hasskamp	Kubly	Ness	Seagren	Westfall
Daggett	Hausman	Larsen	Olson, E.	Sekhon	Westrom
Davids	Hilty	Leighton	Opatz	Skare	Winter
Journal of the House - 46th Day - Top of Page 3042
Dawkins	Holsten	Lieder	Orfield	Skoglund	Wolf
Dehler	Huntley	Long	Osskopp	Slawik	Workman
Delmont	Jaros	Luther	Otremba	Smith	Spk. Carruthers
Dorn	Jefferson	Macklin	Ozment	Solberg
Entenza	Jennings	Mahon	Pawlenty	Stanek
Evans	Johnson, A.	Mares	Paymar	Stang

The motion did not prevail and the amendment was not adopted.

Erhardt, Gunther, Pugh and Osthoff moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 11, after line 28, insert:

"The commissioner of finance shall report to the legislature on state agency fees that are established in statute or agency rule. The report shall include information on the extent to which these fees comply with the policy in Minnesota Statutes, section 16A.1285 that fees neither over-recover nor under-recover agency costs, and on the fiscal impact, by agency, of complying with the policy in that law. The commissioner shall report to the legislature and to the chairs of the House ways and means and Senate finance committees by January 15, 1998."

The motion prevailed and the amendment was adopted.

Stang, Paulsen, Broecker, Westrom, Lindner, Kuisle, Van Dellen, Reuter, Rifenberg, Nornes, Mulder, Kielkucki, Weaver, Larsen, Westfall, Knight, Commers and Seagren moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Pages 21 and 22, delete section 38

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Stang et al amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 65 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Abrams	Finseth	Kraus	Nornes	Seagren	Tingelstad
Anderson, B.	Goodno	Krinkie	Olson, M.	Seifert	Tompkins
Bettermann	Greiling	Kuisle	Orfield	Sekhon	Tuma
Boudreau	Gunther	Larsen	Osskopp	Skoglund	Van Dellen
Broecker	Haas	Leppik	Ozment	Smith	Vickerman
Commers	Harder	Lindner	Paulsen	Stanek	Wagenius
Daggett	Kelso	Macklin	Pawlenty	Stang	Weaver
Journal of the House - 46th Day - Top of Page 3043
Dehler	Kielkucki	Mares	Reuter	Sviggum	Westfall
Dempsey	Knight	McElroy	Rhodes	Swenson, D.	Westrom
Entenza	Knoblach	Molnau	Rifenberg	Swenson, H.	Workman
Erhardt	Koppendrayer	Mulder	Rostberg	Sykora

Those who voted in the negative were:

Anderson, I.	Farrell	Johnson, A.	Mahon	Otremba	Trimble
Bakk	Folliard	Johnson, R.	Mariani	Paymar	Tunheim
Biernat	Garcia	Juhnke	Marko	Pelowski	Wejcman
Bradley	Greenfield	Kahn	McCollum	Peterson	Wenzel
Carlson	Hasskamp	Kalis	McGuire	Pugh	Winter
Chaudhary	Hausman	Kinkel	Milbert	Rest	Wolf
Clark	Hilty	Koskinen	Mullery	Rukavina	Spk. Carruthers
Davids	Holsten	Kubly	Munger	Schumacher
Dawkins	Huntley	Leighton	Murphy	Skare
Delmont	Jaros	Lieder	Ness	Slawik
Dorn	Jefferson	Long	Olson, E.	Solberg
Evans	Jennings	Luther	Opatz	Tomassoni

The motion did not prevail and the amendment was not adopted.

Evans moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 59, after line 21, insert:

"Sec. 90. Minnesota Statutes 1996, section 473.621, is amended by adding a subdivision to read:

Subd. 9. [ANOKA COUNTY-BLAINE AIRPORT.] The commission shall not expend any funds for the planning or construction of capital improvements at the Anoka County-Blaine airport that are in conflict with the Second Judicial District Court Stipulation and Order No. 454984, dated July 28, 1986, governing future development at the Anoka County-Blaine airport."

Page 69, line 15, delete "Section 89 applies" and insert "Sections 89 and 90 apply"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Evans amendment and the roll was called. There were 76 yeas and 57 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Garcia	Kahn	Mariani	Pawlenty	Solberg
Bakk	Greenfield	Kalis	Marko	Paymar	Swenson, D.
Biernat	Greiling	Kelso	McCollum	Pelowski	Tomassoni
Carlson	Haas	Kinkel	McGuire	Peterson	Trimble
Chaudhary	Hasskamp	Koskinen	Milbert	Pugh	Tunheim
Clark	Hausman	Kubly	Mullery	Rest	Van Dellen
Dawkins	Hilty	Larsen	Munger	Rhodes	Wagenius
Delmont	Huntley	Leighton	Murphy	Rukavina	Wejcman
Dorn	Jaros	Lieder	Ness	Schumacher	Wenzel
Entenza	Jefferson	Long	Olson, E.	Sekhon	Winter
Evans	Johnson, A.	Luther	Opatz	Skare	Spk. Carruthers
Journal of the House - 46th Day - Top of Page 3044
Farrell	Johnson, R.	Macklin	Orfield	Skoglund
Folliard	Juhnke	Mares	Otremba	Slawik

Those who voted in the negative were:

Abrams	Dehler	Knight	Molnau	Seagren	Tuma
Anderson, B.	Dempsey	Knoblach	Mulder	Seifert	Vickerman
Bettermann	Erhardt	Koppendrayer	Nornes	Smith	Weaver
Bishop	Finseth	Kraus	Olson, M.	Stanek	Westfall
Boudreau	Goodno	Krinkie	Osskopp	Stang	Westrom
Bradley	Gunther	Kuisle	Ozment	Sviggum	Wolf
Broecker	Harder	Leppik	Paulsen	Swenson, H.	Workman
Commers	Holsten	Lindner	Reuter	Sykora
Daggett	Jennings	Mahon	Rifenberg	Tingelstad
Davids	Kielkucki	McElroy	Rostberg	Tompkins

The motion prevailed and the amendment was adopted.

Carlson, L., moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 68, after line 28, insert:

"Sec. 102. [STUDY OF SCHOOL FUND LAND MANAGEMENT.]

The legislative auditor shall conduct a study to determine whether the administrative costs expended by the department of natural resources to manage permanent school fund land reflect the actual cost of managing the permanent school fund land. The auditor shall also study whether another unit of government could manage the permanent school fund land more cost-efficiently. The auditor shall report to the permanent school fund advisory committee by January 15, 1998."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Seagren and Carlson, L., moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 107, line 28, delete "promote and coordinate" and insert "collaborate with"

The motion prevailed and the amendment was adopted.

Krinkie moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 3, after line 29, insert:

are reduced by the amounts attributable to these offices in the second year, and 75 percent of the amount of these reductions in house and senate appropriations is appropriated to the legislative coordinating commission.

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 66 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

Knight moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 3, delete lines 47 and 48

Page 4, delete lines 1 to 3

The question was taken on the Knight amendment and the roll was called. There were 61 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

Anderson, B.; Kielkucki; Kuisle; Gunther; Lindner; Olson, M., and Rifenberg moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 19, delete lines 1 to 20

Adjust section and bill totals accordingly

Page 20, after line 4, insert:

"Sec. 34. [SAVINGS.]

The $350,000 savings from not appropriating money for joint planning pilot projects are returned to the general fund for the taxpayers of Minnesota."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The question was taken on the Anderson, B., et al amendment and the roll was called.

Marko moved that those not voting be excused from voting. The motion prevailed.

There were 61 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

The Speaker resumed the Chair.

Jennings moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Delete from Article 1, section 12, subdivision 2 the following language "$250,000 is for prescription drug contracting activities."

and correct the totals accordingly.

Delete Article 6 and insert:

Section 1. [FEASIBILITY STUDY OF PRESCRIPTION DRUG PROGRAM.]

the program described in subdivision 2 can be effectively and efficiently implemented and administered, and whether the program will provide significant cost savings to consumers.

The feasibility study must include:

(1) a survey of retail pharmacies' willingness to participate in a nongovernmental purchasing alliance in which discounts are comparable to those available through the Minnesota multi-state purchasing alliance, and 75 percent of the savings is required to be passed through the consumers;

(2) projects of the volume of retain pharmacy purchases likely to be made through the nongovernmental purchasing alliance, compared with the volume of purchases made through the Minnesota multi-state purchasing alliance;

(3) options for implementing a mandatory 75 percent consumer pass through;

(4) options for demonstrating the nongovernmental purchasing alliance's ability to move market share and qualify for market share discounts;

(5) an evaluation of the impact of the requirement that health plan companies and hospitals disclose discounts on the cost of health care premiums in Minnesota; and

(6) an analysis of the effect of the nondiscriminatory provisions on health plan companies' pharmacy reimbursement arrangements and their ability to manage their provider networks.

Subd. 2. [CHARACTERISTICS OF PROGRAM TO BE STUDIED.] The commissioners shall study the feasibility and likely succuess of a prescription drug program under which:

(1) the commissioner of administration, in consultation with appropriate experts in pharmaceutical pricing, establishes and administers a nongovernmental pharmaceutical contracting alliance;

(2) the nongovernmental pharmaceutical contracting alliance negotiates contracts for prescription drugs with manufacturers and makes the contract prices negotiated available to pharmacies;

(3) the commissioner of administration selects the prescription drugs for which price contracts are negotiated, and operates the alliance to the greatest extent feasible using the administrative and contracting procedures of the Minnesota multistate governmental contracting alliance for pharmaceuticals;

(4) the commissioner of administration is allowed to negotiate a price differential based on volume purchasing and grant multiple awards;

(5) the commissioner of administration is allowed to contract with an individual, business entity, or other private organization to serve as a contractor to negotiate and administer the price contracts for prescription drugs;

(6) the commissioner of administration may charge manufacturers and sellers that enter into drug price contracts a fee to cover the commissioner's expenses in negotiating and administering price contracts;

(7) the commissioner may expand the nongovernmental alliance to other states and make the contract price negotiated available to non-Minnesota pharmacies;

(8) a manufacturer or seller that contracts with the commissioner of administration is required to make the contract price negotiated available to all pharmacies;

(10) health plan companies are prohibited from discriminating against a pharmacy for taking advantage of the contract price negotiated by the commissioner."

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Jennings amendment and the roll was called. There were 65 yeas and 68 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Folliard	Johnson, R.	Mahon	Osskopp	Slawik
Bakk	Garcia	Juhnke	Mariani	Ozment	Solberg
Biernat	Goodno	Kahn	Marko	Paymar	Tomassoni
Carlson	Greenfield	Kalis	McCollum	Pelowski	Trimble
Chaudhary	Greiling	Kelso	McGuire	Peterson	Wagenius
Clark	Hasskamp	Kinkel	Milbert	Pugh	Wejcman
Dawkins	Hausman	Koskinen	Mullery	Rest	Winter
Delmont	Hilty	Kubly	Munger	Rukavina	Spk. Carruthers
Dorn	Huntley	Leighton	Murphy	Schumacher
Entenza	Jaros	Lieder	Olson, E.	Sekhon
Evans	Jefferson	Long	Opatz	Skare
Farrell	Johnson, A.	Luther	Orfield	Skoglund

The motion did not prevail and the amendment was not adopted.

Reuter moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 69, after line 4, insert:

"Sec. 103. [YEAR 2000 READY.]

Any computer software or hardware that is purchased with money appropriated in this bill must be year 2000 ready."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Krinkie moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Pages 50 and 51, delete section 77

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 62 yeas and 70 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

Krinkie moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 20, after line 4, insert:

"Sec. 34. MINNESOTA FILM BOARD 500,000 500,000"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Krinkie moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 69, after line 4, insert:

"Sec. 32. [TARGET CENTER.]

On and after the effective date of sections 22 and 30, no more money may be paid out pursuant to the annual appropriation in Minnesota Statutes, section 240A.08, paragraph (a), unless it is expended consistent with all conditions set forth in Minnesota Statutes, sections 240A.08 and 473.556, subdivision 16, paragraph (c), as amended by this act. If the the metropolitan sports facilities commission does not allocate the number of event dates described in Minnesota Statutes, section 240A.08, paragraph (a), or terminates or cancels before July 1, 1999, any Minnesota amateur sports commission event that was scheduled before July 1, 1997, to occur during the biennium beginning July 1, 1997, no further payments may be made to the metropolitan sports facilities commission under Minnesota Statutes, section 240A.08 for the fiscal year in which the termination or cancellation occurs and the appropriation for the next succeeding fiscal year is void."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.

Larsen moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Delete from Article 1, section 12, subdivision 2 the following language "$250,000 is for prescription drug contracting activities."

and correct the totals accordingly.

Delete sections 2, 3, 4, and 5 of Article 6

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Kahn raised a point of order pursuant to Section 349, paragraph 2, of "Mason's Manual of Legislative Procedure" relating to the previous question--debate and subsidiary motions. The Speaker ruled the point of order not well taken.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 64 yeas and 68 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Folliard	Johnson, A.	Luther	Osthoff	Slawik
Bakk	Garcia	Johnson, R.	Mariani	Ozment	Solberg
Biernat	Goodno	Juhnke	Marko	Paymar	Tomassoni
Carlson	Greenfield	Kahn	McGuire	Pelowski	Trimble
Chaudhary	Greiling	Kalis	Milbert	Peterson	Wagenius
Clark	Hasskamp	Kelso	Mullery	Pugh	Wejcman
Dawkins	Hausman	Kinkel	Munger	Rest	Winter
Delmont	Hilty	Koskinen	Murphy	Rukavina	Spk. Carruthers
Dorn	Huntley	Kraus	Olson, E.	Schumacher
Entenza	Jaros	Leighton	Opatz	Sekhon
Evans	Jefferson	Lieder	Orfield	Skare
Farrell	Jennings	Long	Osskopp	Skoglund

The motion did not prevail and the amendment was not adopted.

Haas moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 8, delete lines 40 to 57

Renumber subsequent subdivisions

Adjust section and bill totals accordingly

Page 20, after line 4, insert:

"Sec. 34. [SAVINGS.]

The $300,000 savings from not appropriating money for the hockey hall of fame are to the general fund for the taxpayers of Minnesota."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The question was taken on the Haas amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 54 yeas and 78 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kuisle	Mulder	Seagren	Tingelstad
Anderson, B.	Haas	Larsen	Ness	Seifert	Tompkins
Bishop	Harder	Leppik	Nornes	Smith	Tuma
Boudreau	Holsten	Lindner	Olson, M.	Stanek	Van Dellen
Bradley	Kielkucki	Macklin	Paulsen	Stang	Vickerman
Broecker	Knight	Mares	Pawlenty	Sviggum	Weaver
Commers	Knoblach	McCollum	Reuter	Swenson, D.	Westfall
Daggett	Koppendrayer	McElroy	Rifenberg	Swenson, H.	Westrom
Dehler	Krinkie	Molnau	Rostberg	Sykora	Workman

Those who voted in the negative were:

Anderson, I.	Evans	Jaros	Lieder	Orfield	Sekhon
Bakk	Farrell	Jefferson	Long	Osskopp	Skare
Bettermann	Finseth	Jennings	Luther	Osthoff	Skoglund
Biernat	Folliard	Johnson, A.	Mahon	Otremba	Solberg
Carlson	Garcia	Johnson, R.	Mariani	Ozment	Tomassoni
Chaudhary	Goodno	Juhnke	Marko	Paymar	Trimble
Clark	Greenfield	Kahn	McGuire	Pelowski	Tunheim
Davids	Greiling	Kalis	Milbert	Peterson	Wagenius
Dawkins	Gunther	Kelso	Mullery	Pugh	Wejcman
Delmont	Hasskamp	Kinkel	Munger	Rest	Wenzel
Dempsey	Hausman	Koskinen	Murphy	Rhodes	Winter
Dorn	Hilty	Kraus	Olson, E.	Rukavina	Wolf
Entenza	Huntley	Leighton	Opatz	Schumacher	Spk. Carruthers

The motion did not prevail and the amendment was not adopted.

Anderson, B., and Rifenberg moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Delete page 4, lines 21 to 26

Adjust section and bill totals accordingly

Page 20, after line 4, insert:

"Sec. 34. [SAVINGS.]

The $250,000 savings from not appropriating money for planning and technology grants are to be returned to the general fund for the taxpayers of Minnesota."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The question was taken on the Anderson, B., and Rifenberg amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 51 yeas and 82 nays as follows:

Those who voted in the affirmative were:

Abrams	Davids	Koppendrayer	Ness	Seifert	Tuma
Anderson, B.	Erhardt	Kraus	Nornes	Smith	Van Dellen
Bettermann	Goodno	Krinkie	Olson, M.	Stanek	Weaver
Bishop	Gunther	Kuisle	Osskopp	Stang	Westfall
Boudreau	Haas	Lindner	Paulsen	Sviggum	Wolf
Bradley	Harder	Macklin	Pawlenty	Swenson, D.	Workman
Broecker	Kielkucki	Mares	Reuter	Swenson, H.
Commers	Knight	Molnau	Rifenberg	Tingelstad
Daggett	Knoblach	Mulder	Seagren	Tompkins

Those who voted in the negative were:

Anderson, I.	Finseth	Johnson, R.	Mariani	Ozment	Solberg
Bakk	Folliard	Juhnke	Marko	Paymar	Sykora
Biernat	Garcia	Kahn	McCollum	Pelowski	Tomassoni
Carlson	Greenfield	Kalis	McElroy	Peterson	Trimble
Chaudhary	Greiling	Kelso	McGuire	Pugh	Tunheim
Clark	Hasskamp	Kinkel	Milbert	Rest	Vickerman
Dawkins	Hausman	Koskinen	Mullery	Rhodes	Wagenius
Dehler	Hilty	Larsen	Munger	Rostberg	Wejcman
Delmont	Holsten	Leighton	Murphy	Rukavina	Wenzel
Dempsey	Huntley	Leppik	Olson, E.	Schumacher	Westrom
Dorn	Jaros	Lieder	Opatz	Sekhon	Winter
Entenza	Jefferson	Long	Orfield	Skare	Spk. Carruthers
Evans	Jennings	Luther	Osthoff	Skoglund
Farrell	Johnson, A.	Mahon	Otremba	Slawik

The motion did not prevail and the amendment was not adopted.

Molnau moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Delete page 3, lines 44 to 46

Adjust section and bill totals accordingly

Page 20, after line 4, insert:

"Sec. 34. [SAVINGS.]

The $25,000 savings from not appropriating money for a study of gender equity in athletics are to the general fund for the taxpayers of Minnesota."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The question was taken on the Molnau amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 61 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

Mahon was excused between the hours of 6:00 p.m. and 7:00 p.m.

Milbert was excused between the hours of 6:00 p.m. and 7:25 p.m.

Bettermann, Pelowski, Tuma, Opatz, Huntley, Dehler, Paulsen and Johnson, R., moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 4, delete lines 32 to 53

Correct the subdivision and section totals and the summaries by fund accordingly

A roll call was requested and properly seconded.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 76 yeas and 56 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Juhnke	Mares	Rhodes	Tingelstad
Anderson, B.	Dorn	Kalis	McElroy	Rifenberg	Tuma
Bakk	Erhardt	Kelso	Molnau	Rostberg	Tunheim
Bettermann	Finseth	Kielkucki	Mulder	Seagren	Van Dellen
Bishop	Goodno	Kinkel	Ness	Seifert	Vickerman
Boudreau	Gunther	Knoblach	Nornes	Slawik	Weaver
Bradley	Haas	Koppendrayer	Olson, E.	Smith	Westfall
Broecker	Harder	Kraus	Olson, M.	Stanek	Westrom
Commers	Holsten	Kuisle	Ozment	Stang	Wolf
Daggett	Huntley	Larsen	Paulsen	Sviggum	Workman
Davids	Jennings	Lieder	Pawlenty	Swenson, D.	Spk. Carruthers
Dehler	Johnson, A.	Lindner	Pelowski	Swenson, H.
Delmont	Johnson, R.	Macklin	Reuter	Sykora

Those who voted in the negative were:

Anderson, I.	Garcia	Koskinen	McGuire	Peterson	Tompkins
Biernat	Greenfield	Krinkie	Mullery	Pugh	Trimble
Carlson	Greiling	Kubly	Munger	Rest	Wagenius
Chaudhary	Hasskamp	Leighton	Murphy	Rukavina	Wejcman
Clark	Hausman	Leppik	Opatz	Schumacher	Wenzel
Dawkins	Hilty	Long	Orfield	Sekhon	Winter
Entenza	Jaros	Luther	Osskopp	Skare
Evans	Jefferson	Mariani	Osthoff	Skoglund
Farrell	Kahn	Marko	Otremba	Solberg
Folliard	Knight	McCollum	Paymar	Tomassoni

The motion prevailed and the amendment was adopted.

Macklin moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Delete section 1 of article 6

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Macklin amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Koppendrayer	Mulder	Seagren	Tuma
Anderson, B.	Erhardt	Kraus	Ness	Seifert	Van Dellen
Bettermann	Finseth	Krinkie	Nornes	Smith	Vickerman
Bishop	Goodno	Kuisle	Olson, M.	Stanek	Weaver
Boudreau	Gunther	Larsen	Ozment	Stang	Westfall
Bradley	Haas	Leppik	Paulsen	Sviggum	Westrom
Broecker	Harder	Lindner	Pawlenty	Swenson, D.	Wolf
Journal of the House - 46th Day - Top of Page 3057
Commers	Holsten	Macklin	Reuter	Swenson, H.	Workman
Daggett	Kielkucki	Mares	Rhodes	Sykora
Davids	Knight	McElroy	Rifenberg	Tingelstad
Dehler	Knoblach	Molnau	Rostberg	Tompkins

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

The Speaker called Opatz to the Chair.

Pawlenty moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 72, delete lines 7 to 20

Page 73, delete lines 10 to 29

Page 74, after line 2, insert:

"Sec. 7. Minnesota Statutes 1996, section 473.858, subdivision 1, is amended to read:

activity in conflict with metropolitan system plans if such fiscal device or official control is adopted to ensure the planned, orderly, and staged development of urbanization or redevelopment areas designated in the comprehensive plan pursuant to section 473.859, subdivision 5."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Pawlenty amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, I.	Finseth	Johnson, A.	Mariani	Pelowski	Swenson, D.
Bakk	Folliard	Johnson, R.	Marko	Peterson	Tomassoni
Biernat	Garcia	Juhnke	McCollum	Pugh	Trimble
Carlson	Greenfield	Kahn	McGuire	Rest	Tunheim
Chaudhary	Greiling	Kinkel	Mullery	Rhodes	Wagenius
Clark	Hasskamp	Koskinen	Munger	Rukavina	Wejcman
Dawkins	Hausman	Kubly	Olson, E.	Schumacher	Wenzel
Delmont	Hilty	Leighton	Opatz	Sekhon	Winter
Dorn	Huntley	Lieder	Orfield	Skare	Spk. Carruthers
Entenza	Jaros	Long	Osthoff	Skoglund
Evans	Jefferson	Luther	Otremba	Slawik
Farrell	Jennings	Mahon	Paymar	Solberg

The motion did not prevail and the amendment was not adopted.

Boudreau moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Delete sections 7, 8, and 9 of article 6

Haas and Paulsen moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 20, after line 32, insert:

"Sec. 36. [3.111] [INTERIM EXPENSES.]

When the legislature is not in session, per diem expense allowances shall be paid only when a member participates in a meeting of a legislative committee, commission, or other appointed legislative body."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Winter raised a point of order pursuant to rule 3.09 that the Haas and Paulson amendment was not in order. Speaker pro tempore Opatz ruled the point of order not well taken and the Haas and Paulson amendment in order.

The question recurred on the Haas and Paulson amendment and the roll was called. There were 67 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Koppendrayer	McElroy	Rostberg	Tuma
Anderson, B.	Finseth	Kraus	Molnau	Seagren	Van Dellen
Bettermann	Goodno	Krinkie	Mulder	Seifert	Vickerman
Biernat	Greiling	Kubly	Nornes	Smith	Weaver
Bishop	Gunther	Kuisle	Olson, M.	Stanek	Westfall
Boudreau	Haas	Larsen	Osskopp	Stang	Westrom
Bradley	Harder	Leppik	Ozment	Sviggum	Workman
Broecker	Holsten	Lindner	Paulsen	Swenson, D.
Commers	Johnson, R.	Luther	Pawlenty	Swenson, H.
Daggett	Kielkucki	Macklin	Reuter	Sykora
Dehler	Knight	Mares	Rhodes	Tingelstad
Dempsey	Knoblach	Marko	Rifenberg	Tompkins

Those who voted in the negative were:

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

Speaker pro tempore Opatz called Trimble to the Chair.

Van Dellen and Abrams moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 76, after line 19, insert:

"Sec. 12. [REPEALER.]

Minnesota Statutes 1996, section 473.252, subdivision 4, is repealed."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Van Dellen and Abrams amendment and the roll was called. There were 61 yeas and 73 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

Olson, M., moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Pages 69 to 98, delete articles 2 to 5

Renumber the articles in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Olson, M., amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 55 yeas and 79 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Kuisle	Olson, M.	Stanek	Vickerman
Anderson, B.	Finseth	Larsen	Osskopp	Stang	Weaver
Bishop	Haas	Lindner	Paulsen	Sviggum	Westrom
Boudreau	Harder	Macklin	Pawlenty	Swenson, D.	Wolf
Bradley	Jennings	Mares	Reuter	Swenson, H.	Workman
Broecker	Kielkucki	McElroy	Rifenberg	Sykora
Commers	Knight	Molnau	Rostberg	Tingelstad
Davids	Koppendrayer	Mulder	Seagren	Tompkins
Dehler	Kraus	Ness	Seifert	Tuma
Dempsey	Krinkie	Nornes	Smith	Van Dellen

Those who voted in the negative were:

Anderson, I.	Folliard	Johnson, R.	Mahon	Ozment	Tomassoni
Bakk	Garcia	Juhnke	Mariani	Paymar	Trimble
Bettermann	Goodno	Kahn	Marko	Pelowski	Tunheim
Biernat	Greenfield	Kalis	McCollum	Peterson	Wagenius
Carlson	Greiling	Kelso	McGuire	Pugh	Wejcman
Chaudhary	Gunther	Kinkel	Milbert	Rest	Wenzel
Clark	Hasskamp	Knoblach	Mullery	Rhodes	Westfall
Daggett	Hausman	Koskinen	Munger	Rukavina	Winter
Dawkins	Hilty	Kubly	Murphy	Schumacher	Spk. Carruthers
Delmont	Holsten	Leighton	Olson, E.	Sekhon
Dorn	Huntley	Leppik	Opatz	Skare
Entenza	Jaros	Lieder	Orfield	Skoglund
Evans	Jefferson	Long	Osthoff	Slawik
Farrell	Johnson, A.	Luther	Otremba	Solberg

The motion did not prevail and the amendment was not adopted.

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

Mulder; Haas; Koppendrayer; Smith; Boudreau; Nornes; Broecker; Westrom; Ness; Davids; Dempsey; Rostberg; Daggett; Bettermann; Tompkins; Kuisle; Knight; Tuma; Larsen; Leppik; Seagren; Kielkucki; Sviggum; Gunther; Westfall; Weaver; Farrell; Krinkie; Lindner; Rifenberg; Mares; Sykora; Swenson, D.; Seifert; Anderson, B., and Olson, M., moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Pages 98 to 103, delete article 6 and insert:

Section 1. [151.471] [BEST PRICE REPORTING REQUIREMENT.]

(a) As a condition of licensure under section 151.47, a wholesale drug distributor, as defined in section 151.44, paragraph (b), shall report to the commissioner of human services, in the manner prescribed by that commissioner, the best price for each prescription drug sold or distributed in Minnesota. For purposes of this requirement, "best price" means the lowest price at which the wholesale drug distributor sells or distributes the prescription drug to a retail pharmacy, retail pharmacy chain, or retail pharmacy purchasing group. When reporting the best price to the commissioner, a wholesale drug distributor shall also include information on the quantity of prescription drugs to which the best price applies, and information on how a retail pharmacy, retail pharmacy chain, or retail pharmacy purchasing group can purchase prescription drugs at the best price.

(b) The board of pharmacy shall investigate violations of paragraph (a). The board shall assess a financial penalty against a wholesale drug distributor, if the board determines that the wholesale drug distributor has failed to provide to the commissioner of human services the information required under paragraph (a), or has provided fraudulent information.

Sec. 2. [256.9773] [PRESCRIPTION DRUG PROGRAM FOR SENIOR CITIZENS.]

Subdivision 1. [PURPOSE.] The purpose of the program established by this section is to provide retail pharmacies, especially independent pharmacies with small profit margins on prescription drugs, with the ability to provide prescription drugs to eligible senior citizens at lower prices than they would normally be able to charge, through the provision of supplemental payments. The intent of the program is to allow each retail pharmacy to determine what level of price reduction is appropriate, based upon their economic situation and market competition.

Subd. 2. [ESTABLISHMENT.] The commissioner of human services, in consultation with county social services agencies, shall establish a program to provide supplemental payments for retail pharmacies located in Minnesota that sell prescription drugs to eligible senior citizens. The commissioner, through county social services agencies, shall determine initial eligibility for the program, issue eligible seniors a program identification card, redetermine eligibility annually, and make available to eligible senior citizens information on the best price, as defined in section 151.471. County social services agencies shall charge senior citizens initially applying for the program a $75.00 application fee, and shall charge senior citizens an annual renewal fee of $25.00

Subd. 3. [ELIGIBLE SENIOR CITIZEN.] For purposes of this section, an eligible senior citizen is a person who is age 65 or older who:

(1) has a household income that does not exceed 200 percent of the federal poverty guidelines;

(2) is not eligible for medical assistance or general assistance medical care, without a spenddown, and is not eligible for MinnesotaCare;

(3) is a resident of Minnesota, as determined using the procedures in chapter 256B; and

(4) does not own assets in excess of $100,000, using the method for determining assets in chapter 256B.

Subd. 5. [PHARMACY PARTICIPATION.] To participate in the program and receive supplemental payments, a retail pharmacy must:

(1) register annually with the commissioner of human services using the forms and procedures prescribed by the commissioner;

(2) charge each eligible senior citizen the same pharmacy-specific price for each prescription drug, based upon the price of each prescription drug as determined by each pharmacy, plus a $4.50 dispensing fee and the applicable copayment under subdivision 6;

(3) provide the commissioner with monthly information on prescription drug purchases by eligible senior citizens, the price charged by the pharmacy for the prescription drugs purchased by eligible senior citizens, and any information the commissioner determines is necessary to verify these purchases and to evaluate the program as required under subdivision 7; and

(4) be located in Minnesota.

A retail pharmacy participating in the program may establish a system of patient recall to ensure that eligible senior citizens are refilling their prescriptions in a timely manner and taking their prescription drugs appropriately.

Subd. 6. [COST-SHARING REQUIREMENTS.] Eligible senior citizens shall be responsible for the following deductibles and copayments, based upon household income:

(1) an annual deductible of $200 per person and a copayment of $2 per prescription, for eligible seniors with household incomes not exceeding 125 percent of the federal poverty guidelines;

(2) an annual deductible of $400 per person and a copayment of $4 per prescription, for eligible seniors with household incomes greater than 125 percent but not exceeding 150 percent of the federal poverty guidelines;

(3) an annual deductible of $600 per person and a copayment of $6 per prescription, for eligible seniors with household incomes greater than 150 percent but not exceeding 175 percent of the federal poverty guidelines; or

(4) an annual deductible of $800 per person and a copayment of $8 per prescription, for eligible seniors with household incomes greater than 175 percent but not exceeding 200 percent of the federal poverty guidelines.

Subd. 7. [REPORT.] The commissioner of human services shall determine whether the program established by this section results in a significant reduction in the price of prescription drugs paid by eligible seniors and shall report to the legislature by January 15, 1999.

Sec. 3. Minnesota Statutes 1996, section 290.01, subdivision 19b, is amended to read:

Subd. 19b. [SUBTRACTIONS FROM FEDERAL TAXABLE INCOME.] For individuals, estates, and trusts, there shall be subtracted from federal taxable income:

(1) interest income on obligations of any authority, commission, or instrumentality of the United States to the extent includable in taxable income for federal income tax purposes but exempt from state income tax under the laws of the United States;

(2) if included in federal taxable income, the amount of any overpayment of income tax to Minnesota or to any other state, for any previous taxable year, whether the amount is received as a refund or as a credit to another taxable year's income tax liability;

may legally fulfill the state's compulsory attendance laws, which is not operated for profit, and which adheres to the provisions of the Civil Rights Act of 1964 and chapter 363. As used in this clause, "textbooks" includes books and other instructional materials and equipment used in elementary and secondary schools in teaching only those subjects legally and commonly taught in public elementary and secondary schools in this state. "Textbooks" does not include instructional books and materials used in the teaching of religious tenets, doctrines, or worship, the purpose of which is to instill such tenets, doctrines, or worship, nor does it include books or materials for, or transportation to, extracurricular activities including sporting events, musical or dramatic events, speech activities, driver's education, or similar programs. In order to qualify for the subtraction under this clause the taxpayer must elect to itemize deductions under section 63(e) of the Internal Revenue Code;

(4) to the extent included in federal taxable income, distributions from a qualified governmental pension plan, an individual retirement account, simplified employee pension, or qualified plan covering a self-employed person that represent a return of contributions that were included in Minnesota gross income in the taxable year for which the contributions were made but were deducted or were not included in the computation of federal adjusted gross income. The distribution shall be allocated first to return of contributions until the contributions included in Minnesota gross income have been exhausted. This subtraction applies only to contributions made in a taxable year prior to 1985;

(5) income as provided under section 290.0802;

(6) the amount of unrecovered accelerated cost recovery system deductions allowed under subdivision 19g;

(7) to the extent included in federal adjusted gross income, income realized on disposition of property exempt from tax under section 290.491;

(8) to the extent not deducted in determining federal taxable income, the amount paid for health insurance of self-employed individuals as determined under section 162(l) of the Internal Revenue Code, except that the 25 percent limit does not apply. If the taxpayer deducted insurance payments under section 213 of the Internal Revenue Code of 1986, the subtraction under this clause must be reduced by the lesser of:

(i) the total itemized deductions allowed under section 63(d) of the Internal Revenue Code, less state, local, and foreign income taxes deductible under section 164 of the Internal Revenue Code and the standard deduction under section 63(c) of the Internal Revenue Code; or

(ii) the lesser of (A) the amount of insurance qualifying as "medical care" under section 213(d) of the Internal Revenue Code to the extent not deducted under section 162(1) of the Internal Revenue Code or excluded from income or (B) the total amount deductible for medical care under section 213(a); and

(9) the exemption amount allowed under Laws 1995, chapter 255, article 3, section 2, subdivision 3; and

(10) to the extent not deducted in determining federal taxable income, the amount paid by an eligible senior citizen for prescription drugs covered under the prescription drug program for senior citizens established in section 256.9773. If the taxpayer deducted amounts paid for the prescription drugs under section 213 of the Internal Revenue Code of 1986, the subtraction under this clause must be reduced by the lesser of:

(i) the total itemized deductions allowed under section 63(d) of the Internal Revenue Code, less state, local, and foreign income taxes deductible under section 164 of the Internal Revenue Code, and the standard deduction under section 63(c) of the Internal Revenue Code; or

(ii) the lesser of (A) the amount paid for prescription drugs covered under the prescription drug program for senior citizens or (B) the total amount deductible for medical care under section 213(a) of the Internal Revenue Code reduced by the deduction under clause (8).

Sec. 4. [PRESCRIPTION DRUG INSURANCE PROGRAM.]

the program, the commissioner of commerce shall incorporate, to the extent feasible, the administrative procedures and health care delivery methods used by the board of the Minnesota comprehensive health association under Minnesota Statutes, chapter 62E. The commissioner of commerce shall develop the program based upon independent actuarial analysis, and shall present program recommendations and draft legislation to the legislature by December 15, 1997.

Sec. 5. [ADEQUACY OF FUNDING.]

The commissioner of human services, in consultation with the commissioner of revenue, shall evaluate whether the expected annual cost of the prescription drug program established under section 256.9773 will exceed the total annual amount of MinnesotaCare taxes paid by pharmacists and wholesale drug distributors. The commissioner shall present the results of this evaluation to the legislature by January 15, 1999.

Sec. 6. [APPROPRIATION.]

(a) $....... is appropriated from the health care access fund to the commissioner of human services for the biennium ending June 30, 1999, to implement section 2.

(b) $....... is appropriated from the health care access fund to the commissioner of commerce for the fiscal year ending June 30, 1998, to implement section 4."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Correct the subdivision and section totals and the summaries by fund accordingly

A roll call was requested and properly seconded.

Rukavina raised a point of order pursuant to rule 3.09 that the Mulder et al amendment was not in order. Speaker pro tempore Trimble ruled the point of order not well taken and the Mulder et al amendment in order.

The question recurred on the Mulder et al amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 63 yeas and 70 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion did not prevail and the amendment was not adopted.

Anderson, B., moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Page 5, after line 27, insert:

"Any funds from this appropriation that are used for the provision of telecommunications services provided by MNet shall be included in the cost of those services in the amounts billed to users, and shall be reimbursed by the commissioner to the general fund as cash flow in the intertechnologies fund permits, but no later than June 30, 2000."

The motion did not prevail and the amendment was not adopted.

Kuisle and Bettermann moved to amend S. F. No. 1905, the second unofficial engrossment, as amended, as follows:

Pages 69 to 98, delete articles 2 to 5 and insert:

Section 1. [4A.08] [COMMUNITY-BASED PLANNING GOALS.]

Subdivision 1. [GOALS.] The ten goals of community-based planning are as stated in subdivisions 2 to 10.

Subd. 2. [CITIZEN PARTICIPATION.] Develop a community-based planning process with broad citizen participation in order to build local capacity to plan for sustainable development and to benefit from the insights, knowledge, and support of local residents.

Subd. 3. [COOPERATION.] Promote cooperation among communities to work towards the most efficient, planned, and cost-effective delivery of governmental services by, among other means, facilitating cooperative agreements among adjacent communities and to coordinate planning to ensure compatibility of one community's development with development of neighboring communities.

Subd. 5. [PUBLIC INVESTMENT.] Identify the full environmental, social, and economic costs of new development, including infrastructure costs such as transportation, sewers and wastewater treatment, water, schools, recreation, and open space, and plan the funding mechanisms necessary to cover the costs of the infrastructure.

Subd. 6. [LIVABLE COMMUNITY DESIGN.] Strengthen communities by addressing the principles of livable community design, which includes planning for the efficient use of land resources through the use of compact and mixed-use development open spaces, integration of differing housing types to serve all income and age groups, access to public transit, bicycle and pedestrian ways, and enhanced aesthetics and beauty in public spaces.

Subd. 7. [SUSTAINABLE DEVELOPMENT.] Encourage development consistent with the definition of sustainable development in section 4A.07, subdivision 1, and use natural resources and public funds efficiently by directing growth towards areas with existing infrastructure.

Subd. 8. [CONSERVATION.] Consider methods to protect, preserve, and enhance the state's resources, including agricultural land, forests, surface water and groundwater, recreation and open space, scenic areas, and significant historic and archaeological sites.

Subd. 9. [HOUSING.] Provide and preserve an adequate supply of affordable and life-cycle housing.

Subd. 10. [TRANSPORTATION.] Focus on the movement of people and goods, rather than on the movement of automobiles, in transportation planning, and to maximize the efficient use of the transportation infrastructure by increasing the availability and use of appropriate public transit throughout the state through land-use planning and design that makes public transit economically viable and desirable.

Subd. 11. [COMMUNITY IDENTITY.] Permit communities to maintain their unique identities and character consistent with state law.

Sec. 2. [4A.09] [TECHNICAL ASSISTANCE.]

The office shall provide local governments technical and financial assistance in preparing their comprehensive plans to meet the community-based planning goals in section 4A.08.

Sec. 3. [4A.10] [PLAN REVIEW AND COMMENT.]

The office shall review and comment on community-based comprehensive plans prepared by counties, including the community-based comprehensive plans of municipalities and towns that are incorporated into a county's plan, as required in section 394.232, subdivision 3.

Sec. 4. Minnesota Statutes 1996, section 394.23, is amended to read:

394.23 [COMPREHENSIVE PLAN.]

The board shall have has the power and authority to prepare and adopt by ordinance, a comprehensive plan. A comprehensive plan or plans when adopted by ordinance shall must be the basis for official controls adopted under the provisions of sections 394.21 to 394.37.

Sec. 5. [394.232] [COMMUNITY-BASED PLANNING.]

Subdivision 1. [GENERAL.] Each county is encouraged to prepare and implement a community-based comprehensive plan. A community-based comprehensive plan is a comprehensive plan that is consistent with the goals of community-based planning in section 4A.08.

pollution control agency, the department of transportation, local government units, and local citizens to actively participate in the development of the plan. An agency that is invited to participate in the development of a local plan but declines to do so and fails to participate or to provide written comments during the plan development process waives the right during the office's review and comment period to submit comments, except for comments concerning consistency of the plan with laws and rules administered by the agency. In determining the merit of the agency comment, the office shall consider the involvement of the agency in the development of the plan.

Subd. 3. [COORDINATION.] A county that prepares a community-based comprehensive plan shall coordinate its plan with the plans of its neighbors and its constituent municipalities and towns in order both to prevent its plan from having an adverse impact on other jurisdictions and to complement plans of other jurisdictions. The county's community-based comprehensive plan must incorporate the community-based comprehensive plan of any municipality or town in the county prepared in accordance with section 462.3535. A county may incorporate a municipal or town community-based comprehensive plan by reference.

Subd. 4. [JOINT PLANNING.] Under the joint exercise of powers provisions in section 471.59, a county may establish a joint planning district with other counties, municipalities, and towns, that are geographically contiguous, to adopt a single community-based comprehensive plan for the district. The county may delegate its authority to adopt official controls under this chapter, to the board of the joint planning district.

Subd. 5. [REVIEW AND COMMENT.] (a) The county or joint planning district shall submit its community-based comprehensive plan to the office of strategic and long-range planning for review. The plan is deemed approved 60 days after submittal to the office, unless the office disagrees with the plan as provided in paragraph (c).

(b) The office may not disapprove a community-based comprehensive plan if the office determines that the plan meets the requirements of this section.

(c) If the office disagrees with a community-based comprehensive plan or any elements of the plan, the office shall notify the county or district in writing of the plan deficiencies and suggested changes. Upon receipt of the office's written comments, the county or district has 60 days to revise the community-based comprehensive plan and resubmit it to the office for reconsideration.

(d) If the county or district refuses to revise the plan or the office disagrees with the revised plan, the office shall within 60 days notify the county that it wishes to initiate the dispute resolution process in chapter 572A.

(e) Within 30 days of notice from the office, the county or joint planning district shall notify the office of its intent to enter the dispute resolution process. If the county or district refuses to enter the dispute resolution process, the county or district shall refund any state grant received for community-based planning activities through the office.

Subd. 6. [PLAN UPDATE.] The county board, or the board of the joint planning district, shall review and update the community-based comprehensive plan periodically, but at least every ten years, and submit the updated plan to the office of strategic and long-range planning for review and comment.

Subd. 7. [CITIZEN ACTION.] No citizen may institute mandamus proceedings against a county under this section to require the county to conform its comprehensive plan to be consistent with the community-based planning goals in section 4A.08.

Sec. 6. Minnesota Statutes 1996, section 394.24, subdivision 1, is amended to read:

Sec. 7. Minnesota Statutes 1996, section 462.352, subdivision 5, is amended to read:

Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive municipal plan" means a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs, including air space and subsurface areas necessary for mined underground space development pursuant to sections 469.135 to 469.141, and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, including proposed densities for development, a community facilities plan, a transportation plan, and recommendations for plan execution. A comprehensive plan represents the planning agency's recommendations for the future development of the community.

Sec. 8. Minnesota Statutes 1996, section 462.352, subdivision 6, is amended to read:

Subd. 6. [LAND USE PLAN.] "Land use plan" means a compilation of policy statements, goals, standards, and maps, and action programs for guiding the future development of private and public property. The term includes a plan designating types of uses for the entire municipality as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semipublic uses or any combination of such uses. A land use plan may also include the proposed densities for development.

Sec. 9. Minnesota Statutes 1996, section 462.352, is amended by adding a subdivision to read:

Subd. 18. [URBAN GROWTH AREA.] "Urban growth area" means the identified area around an urban area within which there is a sufficient supply of developable land for at least a prospective 20-year period, based on demographic forecasts and the time reasonably required to effectively provide municipal services to the identified area.

Sec. 10. [462.3535] [COMMUNITY-BASED PLANNING.]

Subdivision 1. [GENERAL.] Each municipality is encouraged to prepare and implement a community-based comprehensive municipal plan. A community-based comprehensive municipal plan is a comprehensive plan that is consistent with the goals of community-based planning in section 4A.08.

Subd. 2. [COORDINATION.] A municipality that prepares a community-based comprehensive municipal plan shall coordinate its plan with the plans, if any, of the county and the municipality's neighbors both in order to prevent the plan from having an adverse impact on other jurisdictions and to complement the plans of other jurisdictions. The municipality shall prepare its plan to be incorporated into the county's community-based comprehensive plan, if the county is preparing or has prepared one, and shall otherwise assist and cooperate with the county in its community-based planning.

Subd. 3. [JOINT PLANNING.] Under the joint exercise of powers provisions in section 471.59, a municipality may establish a joint planning district with other municipalities or counties that are geographically contiguous, to adopt a single community-based comprehensive plan for the district. A municipality may delegate its authority to adopt official controls under sections 462.351 to 462.364, to the board of the joint planning district.

Subd. 4. [CITIES; URBAN GROWTH AREAS.] (a) The community-based comprehensive municipal plan for a statutory or home rule charter city, and official controls to implement the plan, must at a minimum, address any urban growth area identified in a county plan and may establish an urban growth area for the urbanized and urbanizing area. The city plan must establish a staged process for boundary adjustment to include the urbanized or urbanizing area within corporate limits as the urban growth area is developed and provided municipal services.

(b) Within the urban growth area, the plan must provide for the staged provision of urban services, including, but not limited to, water, wastewater collection and treatment, and transportation.

anticipated development pattern and ability to extend municipal services into designated unincorporated areas located within the identified urban growth area. The city shall include the staging plan agreed upon in the orderly annexation agreement in its comprehensive plan. Upon agreement by the city and town, prior adopted orderly annexation agreements may be included as part of the boundary adjustment plan and comprehensive plan without regard to whether the prior adopted agreement is consistent with this section. When either the city or town requests that an existing orderly annexation agreement affecting unincorporated areas located within an identified or proposed urban growth area be renegotiated, the renegotiated plan shall be consistent with this section.

(b) After a city's community-based comprehensive plan is approved under this section, the orderly annexation agreement shall be filed with the municipal board or its successor agency. Thereafter, the city may orderly annex the part or parts of the designated unincorporated area according to the sequencing plan and conditions contained in the negotiated orderly annexation agreement by submitting a resolution to the municipal board or its successor agency. The resolution shall specify the legal description of the area designated pursuant to the staging plan contained in the agreement, a map showing the new boundary and its relation to the existing city boundary, a description of and schedule for extending municipal services to the area, and a determination that all applicable conditions in the agreement have been satisfied. Within 30 days of receipt of the resolution, the municipal board or its successor shall review the resolution and if it finds that the terms and conditions of the orderly annexation agreement have been met, shall order the annexation. The boundary adjustment shall become effective upon issuance of an order by the municipal board or its successor. The municipal board or its successor shall cause copies of the boundary adjustment order to be mailed to the secretary of state, department of revenue, state demographer, and the department of transportation. No further proceedings under chapter 414 or 572A shall be required to accomplish the boundary adjustment. This section provides the sole method for annexing unincorporated land within an urban growth area, unless the parties agree otherwise.

(c) If a community-based comprehensive plan is updated, the parties shall renegotiate the orderly annexation agreement as needed to incorporate the adjustments and shall refile the agreement with the municipal board or its successor.

Subd. 6. [REVIEW BY ADJACENT MUNICIPALITIES; CONFLICT RESOLUTION.] Before a community-based comprehensive municipal plan is incorporated into the county's plan under section 394.232, subdivision 3, a municipality's community-based comprehensive municipal plan must be coordinated with adjacent municipalities within the county. As soon as practical after the development of a community-based comprehensive municipal plan, the municipality shall provide a copy of the draft plan to adjacent municipalities within the county for review and comment. An adjacent municipality has 30 days after receipt to review the plan and submit written comments.

Subd. 7. [COUNTY REVIEW.] (a) If a city does not plan for growth beyond its current boundaries, the city shall submit its community-based comprehensive municipal plan to the county for review and comment. A county has 60 days after receipt to review the plan and submit written comments to the city. The city may amend its plan based upon the county's comments.

(b) If a town prepares a community-based comprehensive plan, it shall submit the plan to the county for review and comment. As provided in section 394.33, the town plan may not be inconsistent with or less restrictive than the county plan. A county has 60 days after receipt to review the plan and submit written comments to the town. The town may amend its plan based on the county's comment.

Subd. 8. [COUNTY APPROVAL.] (a) If a city plans for growth beyond its current boundaries, the city's proposed community-based comprehensive municipal plan and proposed urban growth area must be reviewed and approved by the county before the plan is incorporated into the county's plan. The county may review and provide comments on any orderly annexation agreement during the same period of review of a comprehensive plan.

(b) Upon receipt by the county of a community-based comprehensive plan submitted by a city for review and approval under this subdivision, the county shall, within 60 days of receipt of a city plan, review and approve the plan in accordance with this subdivision. The county shall review and approve the city plan if it is consistent with the goals stated in section 4A.08.

initiate the dispute resolution process contained in chapter 572A. Within 30 days of receiving notice that the other party has initiated dispute resolution, the city or county shall send notice of its intent to enter dispute resolution. If the city refuses to enter the dispute resolution process, it must refund any grant received from the county for community-based planning activities.

Subd. 9. [PLAN ADOPTION.] The municipality shall adopt and implement the community-based comprehensive municipal plan after the office of strategic and long-range planning has reviewed and commented on the county's plan that incorporates the municipality's plan. The municipality shall thereafter, where it deems appropriate, incorporate any comments made by the office into its plan and adopt the plan.

Subd. 10. [CITIZEN ACTION.] No citizen may institute mandamus proceedings against a municipality under this section to require the municipality to conform its comprehensive plan to be consistent with the community-based planning goals in section 4A.08.

Sec. 11. Minnesota Statutes 1996, section 462.357, subdivision 2, is amended to read:

Subd. 2. [GENERAL REQUIREMENTS.] At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. Subject to the requirements of subdivisions 3, 4 and 5, the governing body may adopt and amend a zoning ordinance by a two-thirds vote of all its members. If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance supersedes the plan. The plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the plan.

Sec. 12. [473.1455] [METROPOLITAN DEVELOPMENT GUIDE GOALS.]

The metropolitan council shall, in any update of the metropolitan development guide after December 31, 1998, amend the metropolitan development guide, as necessary, to reflect and implement the community-based planning goals in section 4A.08. The office of strategic and long-range planning shall review and comment on the metropolitan development guide.

Sec. 13. [ADVISORY COUNCIL ON COMMUNITY-BASED PLANNING.]

Subdivision 1. [ESTABLISHMENT; PURPOSE.] An advisory council on community-based planning is established to provide a forum for discussion and development of the framework for community-based planning and the incentives and tools to implement the plans.

Subd. 2. [DUTIES.] The advisory council shall propose legislation for the 1998 legislative session to establish the framework to implement community-based planning. The advisory council shall:

(1) develop a model process to involve citizens in community-based planning from the beginning of the planning process;

(2) hold meetings statewide to solicit advice and information on how to implement community-based planning;

(3) develop specific, measurable criteria for the office of strategic and long-range planning to use in reviewing plans for consistency with the goals in Minnesota Statutes, section 4A.08;

(4) review and recommend changes to the community-based planning framework established in this act;

(5) recommend a procedure for review and comment on community-based plans;

(6) recommend a process for coordination of plans among local jurisdictions;

(8) recommend an alternative dispute resolution process for citizens to use to challenge proposed plans or the implementation of plans;

(9) recommend incentives to encourage state agencies to implement the goals of community-based planning;

(10) recommend incentives for local governments to develop community-based plans, including for example, assistance with computerized geographic information systems, builders' remedies and density bonuses, and revised permitting processes;

(11) describe the tools and strategies that a county, city, or town may use to achieve the goals, including, but not limited to, densities, urban growth areas, purchase or transfer of development rights programs, public investment surcharges, transit and transit-oriented development, and zoning and other official controls;

(12) recommend the time frame in which the community-based plans must be completed;

(13) recommend changes to state law to increase the consistency between the land use planning enabling laws of counties, cities, and townships;

(14) review and recommend changes to Minnesota Statutes, sections 16B.62, subdivision 1; 462.357, subdivision 1; and 462.358, subdivision 1, relating to a municipality's authority to extend zoning ordinances and building codes;

(15) consider the need for ongoing stewardship and oversight of sustainable development initiatives and the community-based planning process; and

(16) make other recommendations to implement community-based planning as the advisory council determines would be necessary or helpful in achieving the goals.

Subd. 3. [MEMBERSHIP.] The advisory council consists of 24 members who serve at the pleasure of the appointing authority as follows:

(1) four members of the house of representatives appointed by the speaker, at least one of whom shall be a member of the minority caucus;

(2) four members of the senate appointed by the committee on rules and administration of the senate, at least one of whom shall be a member of the minority caucus;

(3) the commissioners, or their designees, of the departments of natural resources, agriculture, transportation, and trade and economic development, and the director, or the director's designee, of the office of strategic and long-range planning;

(4) the chair, or the chair's designee, of the metropolitan council;

(5) one representative appointed by the coalition of greater Minnesota cities, one representative appointed by the Minnesota association of townships, one representative appointed by the association of Minnesota counties, and one representative appointed by the builders association of Minnesota;

(6) three public members, appointed by the speaker of the house of representatives; and

(7) three public members, appointed by the committee on rules and administration of the senate.

The advisory council may form an executive committee to facilitate the work of the council.

Subd. 4. [CHAIR.] The advisory council shall select from among its members a person to serve as chair.

Subd. 6. [EXPENSES.] The office of strategic and long-range planning shall compensate members of the advisory council. Members shall receive per diem and expenses as provided by Minnesota Statutes, section 15.059, subdivision 3.

Subd. 7. [EXPIRATION.] This section expires June 30, 1998.

Sec. 14. [CITATION.]

Sections 1 to 13 may be cited as the "Community-based Planning Act."

Sec. 15. [APPROPRIATIONS.]

Subdivision 1. [PLANNING GRANTS.] $....... is appropriated from the general fund to the director of the office of strategic and long-range planning for planning grants to counties, joint planning districts that include at least one county, or to a county and one or more municipalities within the county, when they submit a joint planning application to prepare community-based plans. A county receiving a grant may provide funding to municipalities within the county for purposes of the grant. The office shall give priority for grants to joint planning districts or joint applications from a county and one or more municipalities. This appropriation is available beginning in fiscal year 1999 and remains available until expended.

Subd. 2. [TECHNOLOGY GRANTS.] $....... is appropriated from the general fund to the director of the office of strategic and long-range planning for technology grants to counties, or joint planning districts that include at least one county, that elect to prepare community-based plans. This appropriation is available beginning in fiscal year 1999 and remains available until expended.

Subd. 3. [ADVISORY COUNCIL.] $....... is appropriated in fiscal year 1998 from the general fund to the director of the office of strategic and long-range planning for compensation for members of the advisory council under section 12, subdivision 6, and administrative and staff expenses. This appropriation is available until expended.

Sec. 16. [APPLICATION.]

Section 12 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 17. [EFFECTIVE DATE.]

Sections 1 to 14 and 16 are effective the day following final enactment.

Section 15 is effective July 1, 1997.

Section 1. [PILOT PROJECTS ESTABLISHED.]

The office of strategic and long-range planning shall establish community-based comprehensive land use planning pilot projects as specified in this article.

Sec. 2. [PLAN SUBMITTAL; REVIEW.]

A county or joint planning district participating in a pilot project must prepare a community-based comprehensive plan as specified in Minnesota Statutes, section 394.232. The county or joint powers board must submit the plan to the office of strategic and long-range planning within 24 months of the effective date of this article. The office shall review each plan to determine if it is consistent with the community-based planning goals in Minnesota Statutes, section 4A.08. The office shall complete its review and comment as specified in Minnesota Statutes, section 394.232, subdivision 5.

Sec. 3. [PLAN CONTENT.]

Subd. 2. [MUNICIPAL AND TOWN PLAN INCORPORATION.] The plan must incorporate the community-based comprehensive plan of each municipality and town in the county. Incorporation of a municipal or town plan is sufficient if the county or joint powers board adopts a resolution approving and incorporating by reference the plan or any subsequent amendments to the plan.

Subd. 3. [URBAN GROWTH AREAS.] The plan must identify, establish, and address urban growth areas, as defined in Minnesota Statutes, section 462.352, subdivision 18, within the county. The land outside an urban growth area must be zoned as permanent rural or agricultural land, or other appropriate land use, and must be maintained at density levels consistent with those uses.

Subd. 4. [EXISTING PLANS.] If the county has a previously adopted plan, the county board or joint powers board shall review, update, and submit to the office of strategic and long-range planning a revised plan and official controls meeting the requirements of this section, including the community-based comprehensive municipal plan for each municipality or town in the county, if any, within 24 months of the effective date of this article.

Sec. 4. [COORDINATION WITH ADJACENT COUNTIES.]

Before submitting the community-based comprehensive plan to the office of strategic and long-range planning, the county or joint powers board shall coordinate its plan with adjacent counties. The adjacent counties shall review and submit written comments on the proposed plan to the board within 60 days of receiving the plan.

Sec. 5. [COORDINATION WITH METROPOLITAN COUNCIL.]

A county or joint planning district adjacent to the metropolitan area shall coordinate its plan with the metropolitan council, in relation to the council's development guide.

The county or joint planning district shall not submit its plan to the office of strategic and long-range planning until the metropolitan council has had 60 days for review and comment on the plan.

Sec. 6. [LIMITATION ON PLAN AMENDMENT.]

The county or joint powers board shall not amend its plan for an area inside an urban growth area that is outside a municipality's jurisdiction without the municipality's approval.

Sec. 7. [APPROPRIATION.]

Subdivision 1. [ST. CLOUD AREA PILOT PROJECT.] $200,000 is appropriated from the general fund to the director of the office of strategic and long-range planning to make a grant to a joint powers board, if one is established by the counties of Benton, Sherburne, and Stearns, and the cities of St. Cloud, Waite Park, Sartell, St. Joseph, and Sauk Rapids, for the purposes of joint planning under this act. The director may make the grant once the joint powers board has been formed and a copy of the joint powers agreement has been received by the director. Members of the joint powers board may delegate their authority to adopt official controls to the joint powers board.

Subd. 2. [SHERBURNE, BENTON, STEARNS PILOT PROJECT.] $150,000 is appropriated from the general fund to the director of the office of strategic and long-range planning to make a grant to a joint powers board, if one is established by the counties of Benton, Sherburne, and Stearns, for the purposes of joint planning for the areas not included in subdivision 1. The director may make the grant once the joint powers board has been formed and a copy of the joint powers agreement has been received by the director. Members of the joint powers board may delegate their authority to adopt official controls to the joint powers board.

Sec. 8. [EFFECTIVE DATE.]

This article is effective July 1, 1997.

Section 1. Minnesota Statutes 1996, section 115.49, is amended by adding a subdivision to read:

Subd. 2a. [EXTENSION OF SERVICE.] If a determination or order is made by the pollution control agency under this section that cooperation by contract is necessary and feasible between a municipality and an unincorporated area located outside the existing corporate limits of a municipality, the municipality being required to provide or extend through a contract a governmental service to an unincorporated area, during the statutory 90-day period provided in this section to formulate a contract, may in the alternative to formulating a service contract to provide or extend the service, declare the unincorporated area as described in the pollution control agency's determination letter or order annexed to the municipality under section 414.0335.

Sec. 2. Minnesota Statutes 1996, section 414.0325, subdivision 1, is amended to read:

Subdivision 1. [INITIATING THE PROCEEDING.] One or more townships and one or more municipalities, by joint resolution, may designate an unincorporated area as in need of orderly annexation. The joint resolution will confer jurisdiction on the board over annexations in the designated area and over the various provisions in said agreement by submission of said joint resolution to the executive director. The resolution shall include a description of the designated area and the reasons for designation. Thereafter, an annexation of any part of the designated area may be initiated by:

(1) submitting to the executive director a resolution of any signatory to the joint resolution; or

(2) the board of its own motion; or

(3) as provided in section 414.033, subdivision 2a.

Whenever the pollution control agency or other a state agency pursuant to sections 115.03, 115.071, 115.49, or any law giving a state agency similar powers other than the pollution control agency, orders a municipality to extend a municipal service to an area, such an order will confer jurisdiction on the Minnesota municipal board to consider designation of the area for orderly annexation.

If a joint resolution designates an area as in need of orderly annexation and states that no alteration of its stated boundaries is appropriate, the board may review and comment, but may not alter the boundaries.

If a joint resolution designates an area as in need of orderly annexation, provides for the conditions for its annexation, and states that no consideration by the board is necessary, the board may review and comment, but shall, within 30 days, order the annexation in accordance with the terms of the resolution.

Sec. 3. Minnesota Statutes 1996, section 414.033, subdivision 2b, is amended to read:

Subd. 2b. [NOTICE REQUIRED.] Before a municipality may adopt an ordinance under subdivision 2, clause (2), (3), or (4), or subdivision 2a, a municipality must hold a public hearing and give 30 days' written notice by certified mail to the town or towns affected by the proposed ordinance and to all landowners within and contiguous to the area to be annexed.

Sec. 4. Minnesota Statutes 1996, section 414.033, subdivision 11, is amended to read:

Sec. 5. Minnesota Statutes 1996, section 414.033, subdivision 12, is amended to read:

Subd. 12. [PROPERTY TAXES.] When a municipality annexes land under subdivision 2, clause (2), (3), or (4), or subdivision 2a, property taxes payable on the annexed land shall continue to be paid to the affected town or towns for the year in which the annexation becomes effective. Thereafter, property taxes on the annexed land shall be paid to the municipality. In the first year following the year the land was annexed, the municipality shall make a cash payment to the affected town or towns in an amount equal to 90 percent of the property taxes paid in the year the land was annexed; in the second year, an amount equal to 70 percent of the property taxes paid in the year the land was annexed; in the third year, an amount equal to 50 percent of the property taxes paid in the year the land was annexed; in the fourth year, an amount equal to 30 percent of the property taxes paid in the year the land was annexed; and in the fifth year, an amount equal to ten percent of the property taxes paid in the year the land was annexed. The municipality and the affected township may agree to a different payment.

Sec. 6. [414.0335] [ORDERED GOVERNMENTAL SERVICE EXTENSION; ANNEXATION BY ORDINANCE.]

If a determination or order by the pollution control agency, under section 115.49 or other similar statute is made, that cooperation by contract is necessary and feasible between a municipality and an unincorporated area located outside the existing corporate limits of a municipality, the municipality required to provide or extend through a contract a governmental service to an unincorporated area, during the statutory 90-day period provided in section 115.49 to formulate a contract, may in the alternative to formulating a service contract to provide or extend the service, declare the unincorporated area described in the pollution control agency's determination letter or order annexed to the municipality by adopting an ordinance and submitting it to the municipal board. The municipal board may review and comment on the ordinance but shall approve the ordinance within 30 days of receipt. The ordinance is final and the annexation is effective on the date the municipal board approves the ordinance. Thereafter, the city shall amend its comprehensive plan and official controls in accordance with section 462.3535.

Sec. 7. [414.10] [ALTERNATIVE PROCESS OF DISPUTE RESOLUTION.]

Subdivision 1. [DEFINITION.] For the purposes of subdivision 2, a "party" or "parties" means a property owner or the governing body or town board of a jurisdiction that files an initiating document or a timely objection, and the governing body or town board of the jurisdiction or jurisdictions in which the subject area is located.

Subd. 2. [CHAPTER 572A PROCESS.] As an alternative to the procedure provided by this chapter, a party filing an initiating document or timely objection may file with the bureau of mediation services a written request for mediation within 30 days of the filing as provided in section 572A.015. The request for mediation must contain the written consent of all parties to have the dispute settled through the process provided by chapter 572A. The filing party must also file written notice with the municipal board notifying the board that all parties have agreed to use the dispute resolution process in chapter 572A.

Sec. 8. [414.11] [MUNICIPAL BOARD SUNSET.]

The municipal board shall terminate on December 31, 1999, and all of its authority and duties under this chapter shall be transferred to the office of strategic and long-range planning.

Sec. 9. [REPEALER.]

Minnesota Statutes 1996, section 414.033, subdivision 2a, is repealed.

Sec. 10. [EFFECTIVE DATE.]

Section 1. [572A.01] [COMPREHENSIVE PLANNING DISPUTES; MEDIATION.]

Subdivision 1. [FILING.] In the event of a dispute between a county and the office of strategic and long-range planning under section 394.232 or a county and a city under section 462.3535, regarding the development, content, or approval of a community-based comprehensive land use plan, an aggrieved party may file a written request for mediation, as provided in subdivision 2, with the office of strategic and long-range planning at any time prior to a final action on a community-based comprehensive plan or within 30 days of a final action on a community-based comprehensive plan.

Subd. 2. [MEDIATION.] Within ten days of receiving a request for mediation in subdivision 1, the office of strategic and long-range planning shall provide written notice of the request for mediation to the parties. Within 30 days thereafter, the affected parties shall submit to mediation for a period of 30 days facilitated by the office. If the dispute remains unresolved after the close of the 30-day mediation period, the office shall prepare a report of its recommendations and transmit the report within 30 days to the parties. Within 60 days after the date of issuance of the mediator's report, the dispute shall be submitted to binding arbitration as provided in this chapter. The mediator's report submitted to the parties is informational only and is not admissible in arbitration.

Sec. 2. [572A.015] [CHAPTER 414 DISPUTES; MEDIATION.]

Subdivision 1. [FILING.] As provided by section 414.10, if an initiating document or timely objection under chapter 414 is filed with the municipal board, the filing party, jurisdiction, or jurisdictions may also file a written request for mediation with the bureau of mediation services within 30 days of the initiating document or timely objection. The request for mediation must contain the written consent to the mediation and arbitration process by all the parties, as defined in section 414.10, subdivision 1.

Subd. 2. [MEDIATION.] Within ten days of receiving a request for mediation, the bureau shall provide written notice of the request for mediation to the parties. Within 30 days thereafter, the affected parties, as defined in section 414.10, subdivision 1, shall submit to mediation for a period of 30 days facilitated by the bureau. If the dispute remains unresolved after the close of the 30-day mediation period, the bureau shall prepare a report of its recommendations and transmit the report within 30 days to the parties. Within 60 days after the date of issuance of the mediator's report, the dispute shall be submitted to binding arbitration as provided in this chapter. The mediator's report submitted to the parties is informational only and is not admissible in arbitration.

Sec. 3. [572A.02] [ARBITRATION.]

Subdivision 1. [SUBMITTAL TO BINDING ARBITRATION.] If a dispute remains unresolved after the close of mediation, the dispute shall be submitted to binding arbitration within 60 days of issuance of the mediation report pursuant to the terms of this section and the Uniform Arbitration Act, sections 572.08-572.30, except the period may be extended for an additional 15 days as provided in this section. In the event of a conflict between the provisions of the Uniform Arbitration Act and this section, this section controls.

Subd. 2. [APPOINTMENT OF PANEL.] (a) The parties shall each appoint one qualified arbitrator within 30 days of issuance of the mediation report. If a party does not appoint an arbitrator within 30 days, the office of strategic and long-range planning for disputes under section 572A.01 or the bureau of mediation services for disputes under section 572A.015, shall appoint a qualified arbitrator for the party. The parties shall notify the office prior to the close of the 30-day appointment period of the name and address of their respective appointed arbitrator. Each party is responsible for the fees and expenses for the arbitrator it selects.

the disputed area is located in accordance with the selection procedures established in section 572.10. Within 15 days of receipt of an application by the district court, the district court shall select a neutral arbitrator and notify the parties and the office of strategic and long-range planning or bureau of mediation services of the name and address of the selected arbitrator. The fees and expenses of the third arbitrator shall be shared equally by the parties. The third appointed arbitrator shall act as chair of the arbitration panel and shall conduct the proceedings. If the district court selects the third arbitrator, the date required for first hearing the matter may be extended an additional 15 days.

Subd. 3. [HEARING.] Except as otherwise provided, within 60 days, the matter must be brought on for hearing in accordance with section 572.12. The office of strategic and long-range planning or bureau of mediation services shall provide for the proceedings to occur in the county in which the majority of the affected property is located.

Subd. 4. [CONTRACTS; INFORMATION.] The arbitration panel shall have authority to contract with regional, state, county, or local planning commissions or to hire expert consultants to provide specialized information and assistance. Any member of the panel conducting or participating in any hearing shall have the power to administer oaths and affirmations, to issue subpoenas, to compel the attendance and testimony of witnesses, and the production of papers, books, and documents. Any costs related to this subdivision shall be shared equally by the parties.

Subd. 5. [DECISION FACTORS.] In comprehensive planning disputes, the arbitration panel shall consider the goals stated in section 4A.08 and the following factors in making a decision. In all other disputes brought under this section, the arbitration panel shall consider the following factors in making a decision:

(1) present population and number of households, past population, and projected population growth of the subject area and adjacent units of local government;

(2) quantity of land within the subject area and adjacent units of local government; and natural terrain including recognizable physical features, general topography, major watersheds, soil conditions, and such natural features as rivers, lakes, and major bluffs;

(3) degree of contiguity of the boundaries between the annexing municipality and the subject area;

(4) present pattern of physical development, planning, and intended land uses in the subject area and the annexing municipality including residential, industrial, commercial, agricultural, and institutional land uses and the impact of the proposed action on those land uses;

(5) the present transportation network and potential transportation issues, including proposed highway development;

(6) land use controls and planning presently being utilized in the annexing municipality and the subject area, including comprehensive plans for development in the area and plans and policies of the metropolitan council, and whether there are inconsistencies between proposed development and existing land use controls and the reasons therefore;

(7) existing levels of governmental services being provided in the annexing municipality and the subject area, including water and sewer service, fire rating and protection, law enforcement, street improvements and maintenance, administrative services, and recreational facilities and the impact of the proposed action on the delivery of said services;

(8) existing or potential environmental problems and whether the proposed action is likely to improve or resolve these problems;

(9) plans and programs by the annexing municipality for providing needed governmental services to the subject area;

(10) an analysis of the fiscal impact on the annexing municipality, the subject area, and adjacent units of local government, including net tax capacity and the present bonded indebtedness, and the local tax rates of the county, school district, and township;

(12) adequacy of town government to deliver services to the subject area;

(13) analysis of whether necessary governmental services can best be provided through the proposed action or another type of boundary adjustment; and

(14) if only a part of a township is annexed, the ability of the remainder of the township to continue or the feasibility of it being incorporated separately or being annexed to another municipality.

Any party to the proceeding may present evidence and testimony on any of the above factors at the hearing on the matter.

Subd. 6. [DECISION.] The arbitrators, after a hearing on the matter, shall make a decision regarding the dispute within 60 days and transmit an order to the parties and the office of strategic and long-range planning or the municipal board. Unless appealed within 30 days of receipt of the arbitration panel's order by the municipal board, the municipal board shall execute an order in accordance with the arbitration panel's order and shall cause copies of the same to be mailed to all parties entitled to mailed notice, the secretary of state, the department of revenue, the state demographer, individual property owners if initiated in that manner, the affected county auditor, and any other party of record. The affected county auditor shall record the order against the affected property.

Sec. 4. [572A.03] [ARBITRATION PANEL DECISION STANDARDS.]

Subdivision 1. [DECISION STANDARDS.] The arbitration panel, based upon the factors in section 572A.02, subdivision 5, shall decide the matter based upon the decision standards in subdivisions 2 to 6.

Subd. 2. [COMPREHENSIVE LAND USE PLANNING.] For comprehensive land use planning disputes under section 462.3535, if a community-based comprehensive plan addresses the goals of section 4A.08 and the arbitrators find that the city's projected estimates found in its comprehensive plan are reasonable with respect to an identified urban growth area, the arbitration panel may order approval of the city plan. If the order is to approve the community-based comprehensive plan, the order shall contain notice directing the county to approve the city plan within ten days of receipt of the arbitration order. The city shall, thereafter, adopt the plan. If the order is to deny the plan, the arbitration order shall state the reasons for the denial in the order and transmit the order to the city, county, and the office of strategic and long-range planning. The city shall within 30 days of receipt of the order amend its plan and resubmit the plan to the county for review and approval under this subdivision. The county shall not unreasonably withhold approval of the plan if the resubmitted city plan is in keeping with the arbitration panel's order.

Subd. 3. [MUNICIPAL INCORPORATIONS.] For municipal incorporations under section 414.02, the arbitration panel may order the incorporation if it finds that: (1) the property to be incorporated is now, or is about to become, urban or suburban in character; (2) that the existing township form of government is not adequate to protect the public health, safety, and welfare; or (3) the proposed incorporation would be in the best interests of the area under consideration. The panel may deny the incorporation if the area, or a part of it, would be better served by annexation to an adjacent municipality. The panel may alter the boundaries of the proposed incorporation by increasing or decreasing the area to be incorporated so as to include only that property which is now, or is about to become, urban or suburban in character, or may exclude property that may be better served by another unit of government. The panel may also alter the boundaries of the proposed incorporation so as to follow visible, clearly recognizable physical features for municipal boundaries. In all cases, the panel shall set forth the factors which are the basis for the decision.

The panel may alter the boundaries of the area to be annexed by increasing or decreasing the area so as to include only that property which is now or is about to become urban or suburban in character or to add property of that character abutting the area proposed for annexation in order to preserve or improve the symmetry of the area, or to exclude property that may better be served by another unit of government. The panel may also alter the boundaries of the proposed annexation so as to follow visible, clearly recognizable physical features. If the panel determines that part of the area would be better served by another municipality or township, the panel may initiate and approve annexation on its own motion by conducting further hearings. In all cases, the arbitration panel shall set forth the factors that are the basis for the decision.

Subd. 5. [CONSOLIDATION OF MUNICIPALITIES.] For municipal consolidations under section 414.041, the arbitration panel shall consider and may accept, amend, return to the commission for amendment or further study, or reject the commission's findings and recommendations based upon the panel's written determination of what is in the best interests of the affected municipalities. The panel shall order the consolidation if it finds that consolidation will be for the best interests of the municipalities. In all cases, the arbitration panel shall set forth the factors that are the basis for the decision.

Subd. 6. [DETACHMENT OF PROPERTY FROM A MUNICIPALITY.] For detachments of property from a municipality under section 414.06, the arbitration panel may order the detachment if it finds that the requisite number of property owners have signed the petition if initiated by the property owners, that the property is rural in character and not developed for urban residential, commercial, or industrial purposes, that the property is within the boundaries of the municipality and abuts a boundary, that the detachment would not unreasonably affect the symmetry of the detaching municipality, and that the land is not needed for reasonably anticipated future development. The panel shall deny the detachment if it finds that the remainder of the municipality cannot continue to carry on the functions of government without undue hardship. The panel shall have authority to decrease the area of property to be detached and may include only a part of the proposed area to be detached. If the tract abuts more than one township, it shall become a part of each township, being divided by projecting through it the boundary line between the townships. The detached area may be relieved of the primary responsibility for existing indebtedness of the municipality and be required to assume the indebtedness of the township of which it becomes a part, in the proportion that the panel deems just and equitable considering the amount of taxes due and delinquent and the indebtedness of each township and the municipality affected, if any, and for what purpose the indebtedness was incurred, in relation to the benefit inuring to the detached area as a result of the indebtedness and the last net tax capacity of the taxable property in each township and municipality.

Subd. 7. [CONCURRENT DETACHMENT AND ANNEXATION OF INCORPORATED PROPERTY.] For concurrent detachment and annexation of incorporated property under section 414.061, subdivisions 4 and 5, the arbitration panel shall order the proposed action if it finds that it will be for the best interests of the municipalities and the property owner. In all cases, the board shall set forth the factors which are the basis for the decision.

Sec. 5. [EFFECTIVE DATE.]

This article is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kuisle and Bettermann amendment and the roll was called. There were 39 yeas and 94 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Dempsey	Knoblach	Mulder	Rifenberg	Tompkins
Bettermann	Goodno	Koppendrayer	Ness	Rostberg	Vickerman
Boudreau	Gunther	Krinkie	Nornes	Smith	Westfall
Bradley	Haas	Kuisle	Olson, M.	Stang	Westrom
Journal of the House - 46th Day - Top of Page 3081
Commers	Harder	Lindner	Osskopp	Sviggum
Daggett	Holsten	McElroy	Ozment	Swenson, D.
Dehler	Kielkucki	Molnau	Paulsen	Swenson, H.

Those who voted in the negative were:

Abrams	Farrell	Kahn	Mares	Pelowski	Tingelstad
Anderson, I.	Finseth	Kalis	Mariani	Peterson	Tomassoni
Bakk	Folliard	Kelso	Marko	Pugh	Trimble
Biernat	Garcia	Kinkel	McCollum	Rest	Tuma
Bishop	Greenfield	Knight	McGuire	Reuter	Tunheim
Broecker	Greiling	Koskinen	Milbert	Rhodes	Van Dellen
Carlson	Hasskamp	Kraus	Mullery	Rukavina	Wagenius
Chaudhary	Hausman	Kubly	Munger	Schumacher	Weaver
Clark	Hilty	Larsen	Murphy	Seifert	Wejcman
Davids	Huntley	Leighton	Olson, E.	Sekhon	Wenzel
Dawkins	Jaros	Leppik	Opatz	Skare	Winter
Delmont	Jefferson	Lieder	Orfield	Skoglund	Wolf
Dorn	Jennings	Long	Osthoff	Slawik	Workman
Entenza	Johnson, A.	Luther	Otremba	Solberg	Spk. Carruthers
Erhardt	Johnson, R.	Macklin	Pawlenty	Stanek
Evans	Juhnke	Mahon	Paymar	Sykora

The motion did not prevail and the amendment was not adopted.

S. F. No. 1905, A bill for an act relating to the organization and operation of state government; appropriating money for the general legislative and administrative expenses of state government; requiring studies; creating working groups; creating state accounts; modifying local government financial reporting provisions; modifying agency and budget reporting provisions; modifying cash advance provisions; modifying provisions for claims against appropriations; providing for disposition of lawsuit proceeds; modifying state property rental provisions; providing a teen court program; providing for a uniform business identifier and electronic business licensing; authorizing the payment of salary differential for reserve forces on active duty in Haiti; waiving contractor's bond for art in state buildings; modifying the disposition of certain fees and surcharges; authorizing reimbursement charges for certain inspections; modifying responsibilities for payment of certain retirement supplemental benefits; setting state policy for regulatory rules and programs of agencies; regulating obsolete, unnecessary, or duplicative rules; providing for expansion of international trading opportunities; modifying provisions of the amateur sports commission; restricting payments related to the Target Center; modifying appointment provisions for the board of ethical practices executive director; providing for additional legislative leadership positions; establishing the Minnesota office of technology; providing for repayment of certain local government grants; changing the name of the ethical practices board; amending Minnesota Statutes 1996, sections 3.099, subdivision 3; 6.47; 10A.02, subdivision 5; 14.05, subdivision 5; 14.131; 16A.10, subdivision 2; 16A.11, subdivisions 1, 3, and 3c; 16A.1285, subdivision 3; 16A.129, subdivision 3; 16A.15, subdivision 3; 16B.19, subdivision 2b; 16B.24, subdivision 5; 16B.35, by adding a subdivision; 16B.465, subdivision 3; 16B.70, subdivision 2; 176.611, by adding subdivisions; 240A.08; 327.33, subdivision 2; 327B.04, subdivision 7; 349.163, subdivision 4; 356.865, subdivision 3; 363.073, subdivision 1; and 473.556, subdivision 16; proposing coding for new law in Minnesota Statutes, chapters 14; 16A; 16B; 43A; 260; and 465; proposing coding for new law as Minnesota Statutes, chapter 237A; repealing Minnesota Statutes 1996, sections 10A.21; 15.95; 15.96; 16B.40; 16B.41; 16B.42; 16B.43; and 16B.58, subdivision 8.

The question was taken on the passage of the bill and the roll was called. There were 75 yeas and 57 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams	Dempsey	Knoblach	McElroy	Rifenberg	Tuma
Anderson, B.	Erhardt	Koppendrayer	Molnau	Rostberg	Van Dellen
Bettermann	Finseth	Kraus	Mulder	Seifert	Vickerman
Bishop	Goodno	Krinkie	Ness	Smith	Weaver
Boudreau	Haas	Kuisle	Nornes	Stang	Westrom
Bradley	Harder	Larsen	Olson, M.	Sviggum	Wolf
Broecker	Holsten	Leppik	Ozment	Swenson, D.	Workman
Commers	Jennings	Lindner	Paulsen	Swenson, H.
Daggett	Kielkucki	Macklin	Pawlenty	Sykora
Davids	Knight	Mares	Reuter	Tompkins

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

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

Osthoff from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:

subdivision; 97C.505, by adding a subdivision; and 168.1291, subdivision 1; Laws 1993, chapter 273, section 1, as amended; and Laws 1996, chapter 410, section 56; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 1996, section 97A.111.

Reported the same back with the following amendments:

Page 1, after line 38, insert:

Page 7, after line 34, insert:

"Sec. 19. Minnesota Statutes 1996, section 97A.485, is amended by adding a subdivision to read:

Subd. 12. [YOUTH DEER LICENSE.] The commissioner may, for a fee of $5, issue to a resident under the age of 16 a license, without a tag, to take deer with firearms. A youth holding a license issued under this subdivision may hunt under the license only if accompanied by a licensed hunter who is at least 18 years of age and possesses a valid tag. A deer taken by a youth holding a license issued under this subdivision must be promptly tagged by the licensed hunter accompanying the youth. Section 97B.301, subdivision 6, does not apply to a youth holding a license issued under this subdivision."

Page 10, delete section 25

Page 11, delete section 31

Page 12, after line 8, insert:

Section 1. Minnesota Statutes 1996, section 17.4988, is amended to read:

17.4988 [LICENSE AND INSPECTION FEES.]

Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or license must be issued by the commissioner if the requirements of law are met and the license and permit fees specified in this section are paid.

Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for an aquatic farming license is $275.

(b) The aquatic farming license may contain endorsements for the rights and privileges of the following licenses under the game and fish laws. The endorsement must be made upon payment of the license fee prescribed in section 97A.475 for the following licenses:

(1) minnow dealer license;

(2) minnow retailer license for sale of minnows as bait;

(3) minnow exporting license;

(4) minnow dealer helper license;

(6) (5) sucker egg taking license; and

(7) (6) game fish packers license.

Subd. 3. [INSPECTION FEES.] The fees for the following inspections are:

(1) initial inspection of each water to be licensed, $50;

(2) fish health inspection and certification, $20 plus $80 $100 per lot thereafter; and

(3) initial inspection for containment and quarantine facility inspections, $50.

Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a commercial aquarium facility must have a commercial aquarium facility license issued by the commissioner if the facility contains species of aquatic life that are for sale and that are present in waters of the state. The commissioner may require an aquarium facility license for aquarium facilities importing or holding species of aquatic life that are for sale and that are not present in Minnesota if those species can survive in waters of the state. The fee for an aquarium facility license is $15 $19.

(b) Game fish transferred by an aquarium facility must be accompanied by a receipt containing the information required on a shipping document by section 17.4985, subdivision 3, paragraph (b).

Sec. 2. Minnesota Statutes 1996, section 97A.028, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

(b) "Agricultural crops" means annually seeded crops, legumes, fruit orchards, tree farms and nurseries, turf farms, and apiaries.

(c) "Parcel" has the meaning given in section 272.03, subdivision 6.

(d) "Specialty crops" means fruit orchards, vegetables, tree farms and nurseries, turf farms, and apiaries.

(e) "Stored forage crops" means hay, silage, grain, or other crops that have been harvested and placed in storage for commercial livestock feeding.

Sec. 3. Minnesota Statutes 1996, section 97A.028, subdivision 3, is amended to read:

Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) For the purposes of this subdivision, "cooperative damage management agreement" means an agreement between a landowner or tenant and the commissioner that establishes a program for addressing the problem of destruction of the landowner's or tenant's specialty crops or stored forage crops by wild animals, or destruction of agricultural crops by flightless Canada geese.

(b) A landowner or tenant may apply to the commissioner for emergency deterrent materials assistance in controlling destruction of the landowner's or tenant's specialty crops or stored forage crops by wild animals, or destruction of agricultural crops by flightless Canada geese. Subject to the availability of money appropriated for this purpose, the commissioner shall provide suitable deterrent materials when the commissioner determines that:

(1) immediate action is necessary to prevent significant damage from continuing; and

(2) a cooperative damage management agreement cannot be implemented immediately.

(d) As a condition of receiving emergency deterrent materials assistance under this subdivision, a landowner or tenant shall enter into a cooperative damage management agreement with the commissioner. Deterrent materials provided by the commissioner may include repellents, fencing materials, or other materials recommended in the agreement to alleviate the damage problem. If requested by a landowner or tenant, any fencing materials provided must be capable of providing long-term protection of specialty crops. A landowner or tenant who receives emergency deterrent materials assistance under this subdivision shall comply with the terms of the cooperative damage management agreement.

Sec. 4. Minnesota Statutes 1996, section 97A.075, subdivision 1, is amended to read:

Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes of this subdivision, "deer license" means a license issued under section sections 97A.475, subdivisions 2, clauses (4) and, (5), and (9), and 3, clauses (2) and, (3), and (7), and 97B.301, subdivision 4.

(b) At least $2 from each deer license shall be used for deer habitat improvement or deer management programs.

(c) At least $1 from each resident deer license and each resident bear license shall be used for deer and bear management programs, including a computerized licensing system. Fifty cents from each resident deer license is appropriated for emergency deer feeding. Money appropriated for emergency deer feeding is available until expended. When the unencumbered balance in the appropriation for emergency deer feeding at the end of a fiscal year exceeds $750,000, $750,000 is canceled to the unappropriated balance of the game and fish fund and the amount appropriated for emergency deer feeding is reduced to 25 cents from each resident deer license.

Sec. 5. Minnesota Statutes 1996, section 97A.475, is amended to read:

97A.475 [LICENSE FEES.]

Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A license shall be issued when the requirements of the law are met and the license fee specified in this section is paid.

Subd. 2. [RESIDENT HUNTING.] Fees for the following licenses, to be issued to residents only, are:

(1) for persons under age 65 to take small game, $10;

(2) for persons age 65 or over, $5;

(3) to take turkey, $16;

(4) to take deer with firearms, $22;

(5) to take deer by archery, $22;

(6) to take moose, for a party of not more than six persons, $275;

(7) to take bear, $33;

(8) to take elk, for a party of not more than two persons, $220; and

(9) to take antlered deer in more than one zone, $44; and

(10) to take Canada geese during a special season, $3.

Subd. 3. [NONRESIDENT HUNTING.] Fees for the following licenses, to be issued to nonresidents, are:

(2) to take deer with firearms, $110;

(3) to take deer by archery, $110;

(4) to take bear, $165;

(5) to take turkey, $56;

(6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; and

(7) to take antlered deer in more than one zone, $220; and

(8) to take Canada geese during a special season, $3.

Subd. 4. [SMALL GAME SURCHARGE.] Fees for licenses to take small game must be increased by a surcharge of $4. An additional commission may not be assessed on the surcharge and this must be stated on the back of the license with the following statement: "This $4 surcharge is being paid by hunters for the acquisition and development of wildlife lands."

Subd. 5. [HUNTING STAMPS.] Fees for the following stamps are:

(1) migratory waterfowl stamp, $5;

(2) pheasant stamp, $5; and

(3) turkey stamp, $5.

Subd. 6. [RESIDENT FISHING.] Fees for the following licenses, to be issued to residents only, are:

(1) to take fish by angling, for persons under age 65, $13 $16;

(2) to take fish by angling, for persons age 65 and over, $4.50 $6;

(3) to take fish by angling, for a combined license for a married couple, $17.50 $24;

(4) to take fish by spearing from a dark house, $13 $16; and

(5) to take fish by angling for a 24-hour period selected by the licensee, $7.50 $8.50.

Subd. 7. [NONRESIDENT FISHING.] Fees for the following licenses, to be issued to nonresidents, are:

(1) to take fish by angling, $27.50 $35;

(2) to take fish by angling limited to seven consecutive days selected by the licensee, $19 $24;

(3) to take fish by angling for a 72-hour period selected by the licensee, $16 $20;

(4) to take fish by angling for a combined license for a family, $37.50 $50;

(5) to take fish by angling for a 24-hour period selected by the licensee, $7.50 $8.50; and

(6) to take fish by angling for a combined license for a married couple, limited to 14 consecutive days selected by one of the licensees, $27.50 $35.

Subd. 8. [MINNESOTA SPORTING.] The commissioner shall issue Minnesota sporting licenses to residents only. The licensee may take fish by angling and small game. The fee for the license is:

(2) for a combined license for a married couple to take fish and for one spouse to take small game, $24 $31.50.

Subd. 10. [TROUT AND SALMON STAMP.] The fee for a trout and salmon stamp is $5 $8.50.

Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees for the following licenses are:

(1) for a fish house or dark house that is not rented, $9 $11.50; and

(2) for a fish house or dark house that is rented, $20 $25.50.

Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house licenses for a nonresident are:

(1) annual, $27.50 $31.50; and

(2) seven consecutive days, $16.50 $18.

Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL CONSUMPTION.] The fee for a license to net whitefish and ciscoes in inland lakes and international waters for personal consumption is, for each net, $8 $10.

Subd. 14. [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.] The fee for a license to take rough fish for domestic use with a set line in the Minnesota and Mississippi rivers is $14.50.

Subd. 15. [LAKE SUPERIOR FISHING GUIDES.] The fee for a license to operate a charter boat and guide anglers on Lake Superior is:

(1) for a resident, $27.50 $35;

(2) for a nonresident, $110 $140; or

(3) if another state charges a Minnesota resident a fee greater than $100 $140 for a Lake Superior fishing guide license in that state, the nonresident fee for a resident of that state is that greater fee.

Subd. 16. [RESIDENT HUNTING GUIDES.] The fees for the following resident guide licenses are:

(1) to guide bear hunters, $82.50 $105; and

(2) to guide turkey hunters, $22.

Subd. 18. [SHOOTING PRESERVES.] The fee for a shooting preserve license is:

(1) for a private shooting preserve, $100; and

(2) for a commercial shooting preserve, $500.

Subd. 19. [TAXIDERMISTS.] The fee for a taxidermist license, to be issued for a three-year period to residents only, is:

(1) for persons age 18 and older, $44 $56; and

(2) for persons under age 18, $27.50.

Subd. 20. [TRAPPING LICENSE.] The fee for a license to trap fur-bearing animals is:

(1) for persons over age 13 and under age 18, $5.50; and

Subd. 21. [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee for a license for a resident to buy and sell raw furs is $110 $140.

(b) The fee for a supplemental license to buy and sell furs is $55 $65.

Subd. 22. [FUR BUYING AND SELLING; NONRESIDENTS.] The fee for a license for a nonresident to buy and sell raw furs is $500 $600.

Subd. 23. [RAW FUR TANNING.] The fee for a license to tan and dress raw furs to be issued to residents and nonresidents is $16.50 $21.

Subd. 24. [GAME AND FUR FARMS.] The fee for a game and fur farm license is $16.50 $20.

Subd. 25. [MUSKRAT FARMS.] The fee for a muskrat farm license is $11.

Subd. 26. [MINNOW DEALERS.] The fees for the following licenses are:

(1) minnow dealer, $77 $100;

(2) minnow dealer's helper, $5.50;

(3) minnow dealer's vehicle, $11 $15;

(4) (3) exporting minnow dealer, $275 $350; and

(5) (4) exporting minnow dealer's vehicle, $11 $15.

Subd. 27. [MINNOW RETAILERS.] The fees for the following licenses, to be issued to residents and nonresidents, are:

(1) minnow retailer, $11 $15; and

(2) minnow retailer's vehicle, $11 $15.

Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the following licenses, to be issued to nonresidents, are:

(1) exporting minnow hauler, $525 $675; and

(2) exporting minnow hauler's vehicle, $11 $15.

Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the following licenses to be issued to residents and nonresidents are:

(1) for a private fish hatchery, with annual sales under $200, $27.50 $35;

(2) for a private fish hatchery, with annual sales of $200 or more, $55 $70; and

(3) to take sucker eggs from public waters for a private fish hatchery, $165 $210, plus $3 $4 for each quart in excess of 100 quarts.

Subd. 30. [COMMERCIAL NETTING OF FISH IN INLAND WATERS.] The fee for a license fees to net take commercial fish in inland waters, to be issued to residents and nonresidents, is $70 plus are:

(1) commercial license fees:

(2) (ii) for each 1,000 feet of seine, $16.50 residents netting in Lake Superior, $50; and

(3) (iii) for each apprentice license, $25. residents netting in Lake of the Woods, Rainy, Namakan, and Sand Point lakes, $50;

(iv) for residents seining in the Mississippi River from St. Anthony Falls to the St. Croix River junction, $50;

(v) for residents seining, netting, and set lining in Wisconsin boundary waters from Lake St. Croix to the Iowa border, $50; and

(vi) for a resident apprentice license, $25; and

(2) commercial gear fees:

(i) for each gill net in Lake Superior, Wisconsin boundary waters, and Namakan Lake, $3.50 per 100 feet of net;

(ii) for each seine in inland waters, on the Mississippi River as described in section 97C.801, subdivision 2, and in Wisconsin boundary waters, $7 per 100 feet;

(iii) for each commercial hoop net in inland waters, $1.25;

(iv) for each submerged fyke, trap, and hoop net in Lake Superior, St. Louis Estuary, Lake of the Woods, and Rainy, Namakan, and Sand Point lakes, and for each pound net in Lake Superior, $15;

(v) for each stake and pound net in Lake of the Woods, $60;

(vi) for each set line in the Wisconsin boundary waters, $20; and

(vii) for each trawl used in Lake Superior, $50.

Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE WOODS.] The fee for a license to commercially net fish in Lake of the Woods is:

(1) for each pound net or staked trap net, $49.50;

(2) for each fyke net, $11, plus $5 for each two-foot segment, or fraction, of the wings or lead in excess of four feet in height;

(3) for each 100 feet of gill net, $2.75;

(4) for each submerged trap net, $16.50; and

(5) for each apprentice license, $25.

Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The fee for a license to commercially net fish in Rainy Lake is:

(1) for each pound net, $49.50;

(2) for each 100 feet of gill net, $2.75; and

(3) for each apprentice license, $25.

Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND POINT LAKES.] The fee for a license to commercially net fish in Namakan Lake and Sand Point Lake is:

(2) for each pound, fyke, and submerged trap net, $16.50; and

(3) for each apprentice license, $25.

Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN THE MISSISSIPPI RIVER.] (a) The fee for a license to commercially seine rough fish in the Mississippi river from St. Anthony Falls to the St. Croix river junction is:

(1) for a seine not exceeding 500 feet, $27.50; or

(2) for a seine over 500 feet, $44, plus $2 for each 100 foot segment or fraction over 1,000 feet.

(b) The fee for each apprentice license issued under paragraph (a) is $25.

Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN BOUNDARY WATERS.] The fee for a license to commercially seine fish in the boundary waters between Wisconsin and Minnesota from Taylors Falls to the Iowa border is:

(1) for a seine not exceeding 500 feet, $27.50; or

(2) for a seine over 500 feet, $44, plus $2.50 for each 100 feet over 1,000 feet; and

(3) for each apprentice license to be issued to residents, $25.

Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY WATERS.] The fee for a license to commercially net in the boundary waters between Wisconsin and Minnesota from Lake St. Croix to the Iowa border is:

(1) for each gill net not exceeding 500 feet, $14.50;

(2) for each gill net over 500 feet, $27.50;

(3) for each fyke net and hoop net, $11;

(4) for each bait net, $1.75;

(5) for each turtle net, $1.75;

(6) for each set line identification tag, $14.50; and

(7) for each apprentice license to be issued to residents, $25.

Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.] The fee for a license to commercially net fish in Lake Superior is:

(1) for each gill net, $77 plus $2 for each 1,000 feet over 1,000 feet;

(2) for a pound or trap net, $77 plus $2 for each additional pound or trap net; and

(3) for each apprentice license, $25.

Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish from commercial fishing licensees to be issued residents and nonresidents are:

(1) for Lake Superior fish bought for sale to retailers, $55 $70;

(3) for Lake of the Woods, Namakan, Sand Point, and Rainy Lake fish bought for sale to retailers, $110 $140; and

(4) for Lake of the Woods, Namakan, Sand Point, and Rainy Lake fish bought for shipment only on international boundary waters, $11 $15.

Subd. 39. [FISH PACKER.] The fee for a license to prepare dressed game fish for transportation or shipment is $14.50 $20.

Subd. 40. [FISH VENDORS.] The fee for a license to use a motor vehicle to sell fish is $27.50 $35.

Subd. 41. [TURTLE SELLERS.] The fee for a license to take, transport, purchase, and possess turtles for sale is $55 $70.

Subd. 42. [FROG DEALERS.] The fee for the licenses to deal in frogs that are to be used for purposes other than bait are:

(1) for a resident to purchase, possess, and transport frogs, $77 $100;

(2) for a nonresident to purchase, possess, and transport frogs, $220 $280; and

(3) for a resident to take, possess, transport, and sell frogs, $11 $15.

Subd. 43. [DUPLICATE LICENSES.] The fees for duplicate licenses are:

(1) for licenses to take big game, $5; and

(2) for other licenses, $2.

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

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

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

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

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

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

(5) for stamps other than a trout and salmon stamp, and for a special season Canada goose license, there is no fee.

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

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

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

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

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

(2) for other licenses, 50 cents.

Sec. 7. [97B.802] [SPECIAL CANADA GOOSE SEASON LICENSE REQUIRED.]

Except as provided in this section, a person required to possess a small game license may not take Canada geese during a special season without a valid special season Canada goose license in possession. Residents under age 18 or over age 65 and persons hunting on their own property are not required to possess the license.

Sec. 8. Minnesota Statutes 1996, section 97C.321, subdivision 1, is amended to read:

Subdivision 1. [GENERAL PROHIBITION.] A person may not take fish by angling with a set line or an unattended line except as provided in this section and section 97C.801 Minnesota Rules, part 6266.0600, subpart 4.

Sec. 9. Minnesota Statutes 1996, section 97C.501, subdivision 2, is amended to read:

Subd. 2. [MINNOW DEALERS.] (a) A person may not be a minnow dealer without a minnow dealer license except as provided in subdivision 3.

(b) A minnow dealer must obtain a minnow dealer's helper license for each person employed to take, buy, sell, or transport minnows by the minnow dealer. The minnow dealer may transfer a helper's license from a former helper to a new helper.

(c) A minnow dealer must obtain a minnow dealer's vehicle license for each motor vehicle used to transport minnows. The serial number, motor vehicle license number, make, and model must be on the license. The license must be conspicuously displayed in the vehicle.

(d) (c) A minnow dealer may not transport minnows out of the state without an exporting minnow dealer license. A minnow dealer must obtain an exporting minnow dealer's vehicle license for each motor vehicle used to transport minnows out of the state. The serial number, motor vehicle license number, make, and model must be on the license. The license must be conspicuously displayed in the vehicle.

Sec. 10. Minnesota Statutes 1996, section 97C.801, subdivision 2, is amended to read:

Subd. 2. [COMMERCIAL FISH NETTING AND SET LINES ON MISSISSIPPI RIVER.] (a) A license is required to commercially take rough fish with seines and set lines in the Mississippi river from the St. Croix river junction to St. Anthony Falls.

(b) A person may take rough fish in the Mississippi river, from the St. Croix river junction to St. Anthony Falls, only with the following equipment and methods:

(1) operations shall be conducted only in the flowing waters of the river and in tributary backwaters prescribed by the commissioner;

(2) only one set line may be used that has an identification tag and not more than 100 hooks;

(3) seines may be used only as prescribed by this section and rules adopted by the commissioner;

(4) (3) seines must be hauled to a landing immediately after being placed;

(5) (4) two seines may not be joined together in the water; and

(6) (5) a net seine may not be raised, laid out, or landed, between sunset and sunrise; and

Sec. 11. Minnesota Statutes 1996, section 97C.835, is amended by adding a subdivision to read:

Subd. 9. [TRAWLS IN LAKE SUPERIOR.] (a) This subdivision applies to the use of trawls in Lake Superior.

(b) Up to five persons may be licensed to use a single trawl to take fish species listed in subdivision 2. Trawls must not exceed a size determined by a headrope of 115 feet, the mesh of the webbing in the cod shall be no smaller than 3/4 inch stretch measure, and forward body wing mesh size shall be no smaller than two inches stretch measure.

(c) All live game fish species must be immediately returned to the water. Dead lake trout may be possessed if they are tagged with tags issued by the commissioner. All untagged dead lake trout and all other dead game fish species must be returned to the water.

(d) All fish taken, whether retained by the licensee or returned to the lake, must be received by the Lake Superior area fisheries office before the tenth day of the following month. The commissioner must provide the licensee with the necessary reporting forms.

(e) During the closed season for herring, all trawling must be restricted to a water depth of 20 fathoms or greater.

(f) The commissioner of natural resources may require a licensee to notify the Lake Superior area fisheries office of trawling activities.

(g) The commissioner of natural resources may suspend trawling operations to protect aquatic resources and prevent conflicts with other lawful activities.

Sec. 12. [REPEALER.]

Minnesota Statutes 1996, sections 97A.475, subdivisions 14, 25, 31, 32, 33, 34, 35, 36, and 37; and 97C.801, subdivision 1, are repealed."

Renumber the sections in sequence

Delete the title and insert:

"A bill for an act relating to natural resources; modifying certain fish habitat and propagation provisions; authorizing the commissioner to establish special hunts for youth; permitting access to public waters through public land with certain watercraft; modifying provisions for taking animals from a motor vehicle; providing for lifetime crossbow permits for persons with permanent disabilities; modifying certain trapping provisions; modifying certain provisions relating to taking animals; authorizing the commissioner to sell merchandise; modifying stamp provisions; modifying the procedure for vacating or modifying a state game refuge; defining terms; prohibiting airboats on certain lakes; modifying certain license fees and provisions; prohibiting interference with legal minnow harvest; modifying provisions relating to personal flotation devices; requiring a study; modifying aquatic farm fees and requirements; modifying terms of crop protection assistance; modifying commercial fishing provisions; modifying restrictions on unattended lines; requiring special season Canada goose license; providing penalties; amending Minnesota Statutes 1996, sections 17.4982, by adding subdivisions; 17.4983, by adding a subdivision; 17.4988; 17.4998; 84.0855; 86B.201, by adding a subdivision; 97A.015, subdivisions 49, 53, and by adding a subdivision; 97A.028, subdivisions 1 and 3; 97A.045, subdivision 7; 97A.075, subdivisions 1 and 3; 97A.085, subdivision 8; 97A.101, by adding a subdivision; 97A.411, subdivision 3; 97A.421, subdivision 1; 97A.465, subdivision 4; 97A.475; 97A.485, subdivisions 6, 9, and by adding a subdivision; 97B.035, subdivision 1; 97B.055, subdivision 2; 97B.106; 97B.211, subdivision 1; 97B.655, subdivision 1; 97C.035, subdivision 1; 97C.211, subdivision 1, and by adding a subdivision; 97C.321, subdivision 1; 97C.501, subdivision 2; 97C.505, by adding a subdivision; 97C.801, subdivision 2; and 97C.835, by adding a subdivision; Laws 1993, chapter 273, section 1, as amended; and Laws 1996, chapter 410, section 56; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 1996, sections 97A.111; 97A.475, subdivisions 14, 25, 31, 32, 33, 34, 35, 36, and 37; and 97C.801, subdivision 1."

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

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

subdivisions 2 and 3; 124.2716, subdivisions 3 and 4; 124.2725, subdivisions 3, 4, 5, and 7; 124.2727, subdivisions 6b, 6c, and 9; 124.314, subdivision 2; 124.321; 124.91, subdivisions 2, 4, and 7; 124.912, subdivision 2; 124A.029; 124A.03, subdivisions 2a and 3b; 124A.0311; 124A.22, subdivisions 4a, 4b, 8a, 8b, 13d, and 13e; 124A.23, subdivisions 1, 2, 3, and 4; 124A.26, subdivisions 2 and 3; 124A.292, subdivisions 3 and 4; 270B.12, subdivision 11; 273.13, subdivisions 21a and 32; 273.1315; 273.1317; 273.1318; 273.1398, subdivisions 2, 2c, 2d, 3, and 3a; 273.1399; 273.166; 275.08, subdivisions 1c and 1d; 275.61; 276.012; 276A.06, subdivision 9; 290A.03, subdivisions 12a and 14; 290A.055; 290A.26; 297A.01, subdivisions 20 and 21; 297A.02, subdivision 5; 297A.25, subdivision 29; 462.384, subdivision 7; 462.385, subdivision 2; 462.389, subdivision 5; 462.391, subdivisions 1, 2, 3, 4, 6, 7, 8, and 9; 462.392; 469.176, subdivisions 1a and 5; 469.1782, subdivision 1; 469.181; 473F.08, subdivision 8a; and 645.34; Laws 1995, chapter 264, article 4, as amended.

Reported the same back with the following amendments:

Page 19, lines 35 and 36, delete the new language

Page 20, line 1, delete the new language

Page 26, line 19, after the semicolon, insert "and"

Page 26, delete lines 20 and 21

Page 26, line 22, delete "vii" and insert "vi"

Page 26, delete lines 32 to 35

Page 75, line 27, after "estate" insert ", excluding the part of the property that is not used directly for recreational uses,"

Page 82, after line 19, insert:

"Sec. 16. Minnesota Statutes 1996, section 273.11, is amended by adding a subdivision to read:

Subd. 19. [VALUATION EXCLUSION FOR IMPROVEMENTS TO CERTAIN BUSINESS PROPERTY.] Property classified under section 273.13, subdivision 24, which is eligible for the preferred class rate on the market value up to $100,000, shall qualify for a valuation exclusion for assessment purposes, provided all of the following conditions are met:

(1) the building must be at least 50 years old at the time of the improvement or damaged by the 1997 floods;

(2) the building must be located in a city or town with a population of 10,000 or less that is located outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2;

(3) the total estimated market value of the land and buildings must be $100,000 or less prior to the improvement;

(4) the current year's estimated market value of the property must be equal to or less than the property's estimated market value in each of the two previous years' assessments; and

(5) a building permit must have been issued prior to the commencement of the improvement, or if the building is located in a city or town which does not have a building permit process, the property owner must notify the assessor prior to the commencement of the improvement.

For any property, there can be no more than two improvements qualifying for exclusion under this subdivision. The maximum amount of value that can be excluded from any property under this subdivision is $50,000.

The assessor shall require an application, including documentation of the age of the building from the owner, if unknown by the assessor. Applications must be received prior to July 1 of any year in order to be effective for taxes payable in the following year.

For purposes of this subdivision, "population" has the same meaning given in section 477A.011, subdivision 3."

Page 130, after line 19, insert:

"Section 16 is effective for the 1998 assessment, taxes payable in 1999 and thereafter, for improvements made after January 2, 1997."

Page 165, line 27, delete "primarily"

Page 165, lines 28 and 29, delete "Agricultural use may include" and insert ""Agricultural purposes" as used in this section means the raising or cultivation of agricultural products or enrollment in the Reinvest in Minnesota program under sections 103F.501 to 103F.535 or the federal Conservation Reserve Program as contained in Public Law Number 99-198. Contiguous acreage on the same parcel, or contiguous acreage on an immediately adjacent parcel under the same ownership, may also qualify as agricultural land, but only if it is"

Page 165, line 29, delete "and" and insert "or"

Page 165, line 30, delete "or conservation"

Page 165, delete lines 31 to 36

Page 166, line 1, delete "agricultural."

Page 166, line 2, delete "with respect to the use of the whole parcel, and" and insert "excluding the house, garage, and immediately surrounding one acre of land, and shall"

Page 166, line 3, before "based" insert "be"

Page 166, line 5, after "estate" insert ", excluding the house, garage, and immediately surrounding one acre of land," and delete "used principally" and insert "which is exclusively or intensively used"

Page 166, line 7, delete everything after "land"

Page 166, line 8, delete everything before the period

Page 166, after line 8, insert:

"Land shall be classified as agricultural even if all or a portion of the agricultural use of that property is the leasing to, or use by another person for agricultural purposes.

Classification under this subdivision is not determinative for qualifying under section 273.111.

The property classification under this section supersedes, for property tax purposes only, any locally administered agricultural policies or land use restrictions that define minimum or maximum farm acreage."

Page 166, line 10, before the colon, insert "production for sale of"

Page 167, after line 36, insert:

"(h) A structure is classified as an agricultural building if all of the following criteria are met:

(1) the structure is located on property that is classified as agricultural property under this subdivision;

(2) the structure is occupied exclusively by seasonal farm workers during the time when they work on that farm, and the occupants are not charged rent for the privilege of occupying the property;

(3) the structure meets all applicable health and safety requirements for the appropriate season; and

(4) the structure is not salable as residential property because it does not comply with local ordinances relating to location in relation to streets or roads."

Page 168, line 1, delete "(h)" and insert "(i)"

Page 170, line 20, delete "and"

Page 170, line 22, delete the period and insert "; and

(5) real property devoted to a seasonal golf operation, which is privately owned and open to the public on a daily fee basis. Any portion of the real estate used for commercial purposes beyond the length of the golf season in the year preceding the year of assessment shall be classified as class 3a property under subdivision 24, paragraph (a). In order to qualify for class 4c under this paragraph, the golf course must be open to the public and can charge membership fees or dues, but a membership is not required in order to use the property for golfing. To qualify under this paragraph, the property must meet the requirements of section 273.112, subdivision 3, paragraph (d)."

Page 295, delete section 27

Page 308, line 11, after "19," insert "21," and delete "28,"

Page 308, line 16, delete "Section 19 is" and insert "Sections 19 and 27 are"

Page 308, delete line 17

Page 309, line 36, after "$522,000,000" insert "less any amounts expended under Laws 1997, chapter 30,"

Page 348, line 32, delete "section 14.431, subdivision 2," and insert "paragraph (a)"

Page 405, after line 27, insert:

"Sec. 11. Minnesota Statutes 1996, section 295.50, subdivision 6, is amended to read:

Subd. 6. [HOME HEALTH CARE SERVICES.] "Home health care services" are services:

(1) defined under the state medical assistance program as home health agency services provided by a home health agency, personal care services and supervision of personal care services, private duty nursing services, and waivered services or services by home care providers required to be licensed under chapter 144A; and

(2) provided at a recipient's residence, if the recipient does not live in a hospital, nursing facility, as defined in section 62A.46, subdivision 3, or intermediate care facility for persons with mental retardation as defined in section 256B.055, subdivision 12, paragraph (d).

Sec. 12. Minnesota Statutes 1996, section 295.58, is amended to read:

295.58 [DEPOSIT OF REVENUES AND PAYMENT OF REFUNDS.]

(a) The commissioner shall deposit all revenues, including penalties and interest, derived from the taxes imposed by sections 295.50 to 295.57 and from the insurance premiums tax on health maintenance organizations, community integrated service networks, integrated service networks, and nonprofit health service plan corporations in the health care access fund in the state treasury. Refunds of overpayments must be paid from the health care access fund in the state treasury. There is annually appropriated from the health care access fund to the commissioner of revenue the amount necessary to make any refunds required under section 295.54.

(b) The revenues, including penalties and interest, derived from the tax on insurance premiums imposed by section 60A.15 on health maintenance organizations, community integrated service networks, integrated service networks, and nonprofit health service plan corporations must be deposited in the general fund and are annually appropriated to the Minnesota comprehensive health association to offset assessments made to subsidize the costs of the Minnesota comprehensive insurance plan established under chapter 62E."

Page 408, line 24, after the period, insert "Payments or other compensation for using the manufacturer's displays or advertising materials are not rebates, discounts, or concessions for purposes of this chapter."

Page 416, after line 3, insert:

"Section 12 is effective for revenues attributable to taxes due after June 30, 1997."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

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

subdivisions 10, 14, 15, and by adding a subdivision; 256B.0915, subdivision 3, and by adding a subdivision; 256B.19, subdivisions 1, 2a, and 2b; 256B.421, subdivision 1; 256B.431, subdivision 25, and by adding a subdivision; 256B.433, by adding a subdivision; 256B.434, subdivisions 2, 3, 4, 9, and 10; 256B.48, subdivision 6; 256B.49, subdivision 1, and by adding a subdivision; 256B.69, subdivisions 2, 3a, 5, 5b, and by adding subdivisions; 256D.03, subdivisions 2, 2a, 3b, and 6; 256D.36; 256F.11, subdivision 2; 256G.02, subdivision 6; 256G.05, subdivision 2; 256I.05, subdivision 1a, and by adding a subdivision; 256J.50, by adding a subdivision; 326.37, subdivision 1; 393.07, subdivision 2; 466.01, subdivision 1; 469.155, subdivision 4; 471.59, subdivision 11; 626.556, subdivisions 10b, 10d, 10e, 10f, 11c, and by adding a subdivision; 626.558, subdivisions 1 and 2; and 626.559, subdivision 5; Laws 1995, chapter 207, articles 6, section 115; and 8, section 41, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 144; 145A; 157; 252; 256B; and 257; repealing Minnesota Statutes 1996, sections 145.9256; 256.026; 256.82, subdivision 1; 256B.041, subdivision 5; 256B.0625, subdivision 13b; 256B.19, subdivision 1a; and 469.154, subdivision 6; Minnesota Rules, part 9505.1000.

Reported the same back with the following amendments to the unofficial engrossment:

Page 3, line 8, delete "$2,549,029,000" and insert "$2,550,299,000" and delete "$5,287,343,000" and insert "$5,288,613,000"

Page 3, line 18, delete "2,583,436,000" and insert "2,584,706,000" and delete "5,357,872,000" and insert "5,359,142,000"

Page 33, delete section 1 and insert:

"Section 1. Minnesota Statutes 1996, section 62J.69, subdivision 2, is amended to read:

Subd. 2. [ALLOCATION AND FUNDING FOR MEDICAL EDUCATION AND RESEARCH.] (a) The commissioner may establish a trust fund for the purposes of funding medical education and research activities in the state of Minnesota.

(b) By January 1, 1997, the commissioner may appoint an advisory committee to provide advice and oversight on the distribution of funds from the medical education and research trust fund. If a committee is appointed, the commissioner shall: (1) consider the interest of all stakeholders when selecting committee members; (2) select members that represent both urban and rural interest; and (3) select members that include ambulatory care as well as inpatient perspectives. The commissioner shall appoint to the advisory committee representatives of the following groups: medical researchers, public and private academic medical centers, managed care organizations, Blue Cross and Blue Shield of Minnesota, commercial carriers, Minnesota Medical Association, Minnesota Nurses Association, medical product manufacturers, employers, and other relevant stakeholders, including consumers. The advisory committee is governed by section 15.059, for membership terms and removal of members and will sunset on June 30, 1999.

(c) Eligible applicants for funds are accredited medical education teaching institutions, consortia, and programs. Applications must be received by September 30 of each year for distribution by January 1 of the following year. An application for funds must include the following:

(1) the official name and address of the institution, facility, or program that is applying for funding;

(2) the name, title, and business address of those persons responsible for administering the funds;

(3) the total number, type, and specialty orientation of eligible trainees in each accredited medical education program applying for funds;

(4) audited clinical training costs per trainee for each medical education program;

(5) a description of current sources of funding for medical education costs including a description and dollar amount of all state and federal financial support;

(7) a statement identifying unfunded costs; and

(8) other supporting information the commissioner, with advice from the advisory committee, determines is necessary for the equitable distribution of funds.

(d) The commissioner shall distribute medical education funds to all qualifying applicants based on the following basic criteria: (1) total medical education funds available; (2) total trainees in each eligible education program; and (3) the statewide average cost per trainee, by type of trainee, in each medical education program. Funds distributed shall not be used to displace current funding appropriations from federal or state sources.

(e) Medical education programs receiving funds from the trust fund must submit annual cost and program reports based on criteria established by the commissioner. The reports must include:

(1) the total number of eligible trainees in the program;

(2) the type of programs and residencies funded;

(3) the average cost per trainee and a detailed breakdown of the components of those costs;

(4) other state or federal appropriations received for the purposes of clinical training;

(5) other revenue received for the purposes of clinical training; and

(6) other information the commissioner, with advice from the advisory committee, deems appropriate to evaluate the effectiveness of the use of funds for clinical training.

The commissioner, with advice from the advisory committee, will provide an annual summary report to the legislature on program implementation due February 15 of each year.

(f) The commissioner is authorized to distribute funds made available through:

(1) voluntary contributions by employers or other entities;

(2) allocations for the department of human services to support medical education and research; and

(3) other sources as identified and deemed appropriate by the legislature for inclusion in the trust fund.

(g) The advisory committee shall continue to study and make recommendations on:

(1) the funding of medical research consistent with work currently mandated by the legislature and under way at the department of health; and

(2) the costs and benefits associated with medical education and research.

(h) The commissioner of health, in consultation with the medical education and research costs advisory committee, shall continue to consider additional broad-based funding sources, and shall recommend potential sources of funding to the legislative commission on health care access by January 15, 1998.

Page 33, after line 43, insert:

"Sec. 14. COMMISSIONER OF ADMINISTRATION

1,270,000 -0-

[VETERANS HOMES IMPROVEMENTS.] Of this appropriation, $1,270,000 for the biennium is for the commissioner to accomplish the repair and replacement of sanitary sewers, fire protection water mains, roof drains, and deep sandstone tunnels at the Minneapolis veterans home, Minneapolis campus."

Pages 40 to 45, delete sections 12 to 15

Page 46, after line 27, insert:

"Sec. 15. Minnesota Statutes 1996, section 144.767, subdivision 1, is amended to read:

Subdivision 1. [REPORT TO EMPLOYER.] Results of tests conducted under this section shall be reported by the facility to a designated agent of the emergency medical services agency that employs or uses the emergency medical services personnel and to the emergency medical services personnel who report the significant exposure. The test results shall be reported without personally identifying information and may not be used as evidence in any criminal prosecution.

Sec. 16. [145.9241] [PREVENTION OF PERINATAL TRANSMISSION OF HIV.]

The commissioner shall conduct a statewide education campaign to educate pregnant women and health care providers about the risk of perinatal transmission of HIV and the value of HIV screening early in pregnancy. The commissioner shall also provide demonstration grants to health care providers to allow these providers to develop procedures for incorporating HIV awareness and education into prenatal care.

Sec. 17. Minnesota Statutes 1996, section 145.925, subdivision 9, is amended to read:

Subd. 9. [RULES; REGIONAL FUNDING.] Notwithstanding any rules to the contrary, including rules proposed in the State Register on April 1, 1991, the commissioner, in allocating grant funds for family planning special projects, shall not limit the total amount of funds that can be allocated to an organization that has submitted applications from more than one region, except that no more than $75,000 may be allocated to any grantee within a single region, except that if a county designates one or more organizations to be its agent for providing family planning services, the county may fund the organizations in an amount greater than $75,000. For two or more organizations who have submitted a joint application, that limit is $75,000 for each organization, except that if a county designates one or more organizations to be its agent for providing family planning services, the county may fund the organizations in an amount greater than $75,000. This subdivision does not affect any procedure established in rule for allocating special project money to the different regions. The commissioner shall revise the rules for family planning special project grants so that they conform to the requirements of this subdivision. In adopting these revisions, the commissioner is not subject to the rulemaking provisions of chapter 14, but is bound by section 14.38, subdivision 7."

Page 47, line 19, delete "referral" and insert "referrals"

Page 49, after line 28, insert:

"Sec. 19. Minnesota Statutes 1996, section 151.40, is amended to read:

151.40 [POSSESSION AND SALE OF HYPODERMIC SYRINGES AND NEEDLES.]

in the course of their practice or employment: licensed practitioners, registered pharmacies and their employees or agents, licensed pharmacists, licensed doctors of veterinary medicine or their assistants, registered nurses, registered medical technologists, medical interns, licensed drug wholesalers, their employees or agents, licensed hospitals, licensed nursing homes, bona fide hospitals where animals are treated, licensed morticians, syringe and needle manufacturers, their dealers and agents, persons engaged in animal husbandry, clinical laboratories, persons engaged in bona fide research or education or industrial use of hypodermic syringes and needles provided such persons cannot use hypodermic syringes and needles for the administration of drugs to human beings unless such drugs are prescribed, dispensed, and administered by a person lawfully authorized to do so, persons who administer drugs pursuant to an order or direction of a licensed doctor of medicine or of a licensed doctor of osteopathy duly licensed to practice medicine.

Subd. 2. [SALES OF LIMITED QUANTITIES OF CLEAN NEEDLES AND SYRINGES.] (a) A registered pharmacy or its agent or a licensed pharmacist may sell, without a prescription, unused hypodermic needles and syringes in quantities of ten or fewer, provided that the pharmacy or pharmacist complies with all of the requirements of this subdivision.

(b) At any location where hypodermic needles and syringes are kept for retail sale under this subdivision, the needles and syringes shall be stored in a manner that makes them available only to authorized personnel and not openly available to customers.

(c) No registered pharmacy or licensed pharmacist may advertise to the public the availability for retail sale, without a prescription, of hypodermic needles or syringes in quantities of ten or fewer.

(d) A registered pharmacy or licensed pharmacist that sells hypodermic needles or syringes under this section may give the purchaser the materials developed by the commissioner of health under section 31."

Page 50, line 12, delete "et seq." and delete "other" and insert "others"