Journal of the House - 86th Day - Thursday, April 6, 2006

A quorum was present.

Zellers was excused until 3:50 p.m.

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

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REPORTS OF CHIEF CLERK

S. F. No. 2832 and H. F. No. 2788, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Rukavina moved that S. F. No. 2832 be substituted for H. F. No. 2788 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 3465 and H. F. No. 3780, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

McNamara moved that S. F. No. 3465 be substituted for H. F. No. 3780 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES

Seifert from the Committee on State Government Finance to which was referred:

H. F. No. 2890, A bill for an act relating to the legislature; proposing an amendment to the Minnesota Constitution, article IV, section 4; providing staggered terms of office for senators and staggered four-year terms of office for representatives.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Tingelstad from the Committee on Governmental Operations and Veterans Affairs to which was referred:

H. F. No. 2944, A bill for an act relating to governmental operations; creating a task force to study the use of credit and debit cards for payment of taxes, licenses, permits, and other statutory fees.

Reported the same back with the following amendments:

Page 1, lines 7, 19, and 22, delete "in-person"

Page 1, line 14, delete "and"

Page 1, line 15, delete the period and insert a semicolon

Page 1, after line 15, insert:

"(7) a representative designated by the Minnesota Association of County Auditors, Treasurers and Finance Officers; and

(8) a representative of the Consumer Division of the Office of the Attorney General."

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Page 2, line 1, after "legislature" insert "by February 1, 2007,"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 3002, A bill for an act relating to human services; modifying provisions for general assistance and MFIP programs; amending Minnesota Statutes 2004, sections 256D.06, by adding a subdivision; 256J.12, subdivision 1, by adding a subdivision; 256J.95, by adding subdivisions.

Reported the same back with the following amendments:

Page 2, line 9, delete "2005" and insert "2006"

With the recommendation that when so amended the bill pass.

The report was adopted.

Seifert from the Committee on State Government Finance to which was referred:

H. F. No. 3241, A bill for an act relating to legislative procedure; prohibiting final passage of a bill or conference report on the day it is received by a body, with certain exceptions; proposing coding for new law in Minnesota Statutes, chapter 3.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.

Erhardt from the Committee on Transportation to which was referred:

H. F. No. 3276, A bill for an act relating to transportation; governing contents of impounded vehicles; amending Minnesota Statutes 2004, sections 168B.06, subdivision 1; 168B.07, by adding subdivisions.

Reported the same back with the following amendments:

Page 1, line 9, after "the" insert "registered"

Page 1, line 9, after "owner" insert "and any lienholders"

Page 1, line 21, delete "car" and insert "vehicle"

Page 1, line 22, delete "car" and insert "vehicle" and delete everything after the period

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Page 1, delete line 23

Page 2, delete line 1

Page 2, line 2, delete "impound lot operator or the city."

Page 2, line 5, delete "; liability" and delete "(a)"

Page 2, line 6, delete "shall" and insert "may"

Page 2, delete lines 10 to 15 and insert "means all personal belongings and does not include any permanently affixed mechanical or nonmechanical: (i) automobile parts; (ii) automobile body parts; or (iii) automobile accessories, including audio or video players."

Page 2, delete section 3

Page 2, after line 21, insert:

"Sec. 3. Minnesota Statutes 2004, section 169.829, subdivision 2, is amended to read:

Subd. 2. Tow truck. Sections 169.822 to 169.828 do not apply to a tow truck or towing vehicle when towing a disabled or damaged vehicle ~~damaged in such manner that the towed vehicle cannot be towed from the rear and~~, when the movement is ~~temporary~~ urgent, and when the movement is for the purpose of ~~taking~~ removing the disabled vehicle from the roadway to a place of safekeeping or to a place of repair.

Sec. 4. Minnesota Statutes 2004, section 169.86, is amended by adding a subdivision to read:

Subd. 8. Tow truck. A tow truck or towing vehicle, when towing a disabled or damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length and weight limitations of this chapter, subject to a $300 annual permit fee and such conditions as the commissioner may prescribe."

Amend the title as follows:

Page 1, line 2, delete "governing" and insert "modifying provisions relating to tow trucks and"

Correct the title numbers accordingly

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

The report was adopted.

Seifert from the Committee on State Government Finance to which was referred:

H. F. No. 3380, A bill for an act relating to local government; authorizing political subdivisions to establish accounts to pay for postemployment benefits owed to officers and employees; proposing coding for new law in Minnesota Statutes, chapter 353.

Reported the same back with the following amendments:

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Page 1, delete lines 18 and 19, and insert:

"(2) "postemployment benefit" means a benefit giving rise to a liability under Statement 45 of the Government Accounting Standards Board, thereby excluding benefits to be paid by a Minnesota public pension plan listed in section 356.20, subdivision 2, or 356.30, subdivision 3, and benefits provided on a defined contribution, individual account basis; and"

With the recommendation that when so amended the bill pass.

The report was adopted.

Dorman from the Committee on Capital Investment to which was referred:

H. F. No. 3383, A bill for an act relating to the city of Grand Rapids; authorizing issuance of certain capital improvement bonds.

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

The report was adopted.

Seifert from the Committee on State Government Finance to which was referred:

H. F. No. 3390, A bill for an act relating to employee relations; changing eligibility criteria for the salary differential program for state employees ordered to active military service; amending Minnesota Statutes 2005 Supplement, section 43A.183.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

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

H. F. No. 3394, A bill for an act relating to natural resources; appropriating money for a study by the University of Minnesota Department of Forest Resources.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Higher Education Finance.

The report was adopted.

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Erhardt from the Committee on Transportation to which was referred:

H. F. No. 3503, A bill for an act relating to transportation; requiring bicycle operators and passengers under the age of 18 to wear helmets; updating standard for helmets worn by operators of motorized bicycles and electric-assisted bicycles; amending Minnesota Statutes 2004, sections 169.222, by adding a subdivision; 169.223, subdivision 1.

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

The report was adopted.

Seifert from the Committee on State Government Finance to which was referred:

H. F. No. 3716, A bill for an act relating to elections; providing that the secretary of state shall distribute application for ballots to be cast pursuant to sections 203B.15 to 203B.31 in conformity with the Uniformed and Overseas Citizens Voter Act; appropriating money; amending Minnesota Statutes 2004, sections 203B.17; 203B.18; 203B.19.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Erhardt from the Committee on Transportation to which was referred:

H. F. No. 3886, A bill for an act relating to drivers' licenses; providing for use of tribal documents; amending Minnesota Statutes 2004, section 171.06, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2005 Supplement, section 171.02, subdivision 1, is amended to read:

Subdivision 1. License required. Except when expressly exempted, a person shall not drive a motor vehicle upon a street or highway in this state unless the person has a license valid under this chapter for the type or class of vehicle being driven. The department shall not issue a driver's license to a person unless and until the person's license from any jurisdiction has been invalidated. The department shall provide to the issuing department of any jurisdiction, information that the licensee is now licensed in Minnesota. A person is not permitted to have more than one valid driver's license at any time. The department shall not issue to a person to whom a current Minnesota identification card has been issued a driver's license, other than a limited license, unless the person's Minnesota identification card has been invalidated. This subdivision does not require invalidation of a tribal identification card as a condition of receiving a driver's license.

Sec. 2. [171.072] TRIBAL IDENTIFICATION CARD.

(a) For purposes of this subdivision, "tribal identification card" means an unexpired identification card issued by the tribal government of a Minnesota tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the legal name, date of birth, signature, and picture of the enrolled tribal member.

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(b) Notwithstanding any law to the contrary, if a Minnesota identification card is deemed an acceptable form of identification in Minnesota Statutes or Minnesota Rules, a tribal identification card is also an acceptable form of identification. A tribal identification card shall be recognized as a primary document for purposes of Minnesota Rules, part 7410.0400, and successor rules.

(c) The tribal identification card must contain security features that make it as impervious to alteration as is reasonably practicable in its design and quality of material and technology. The security features must utilize materials that are not readily available to the general public. The tribal identification card must not be susceptible to reproduction by photocopying or simulation and must be highly resistant to data or photograph substitution and other tampering. The requirements of this paragraph do not apply to tribal identification cards used to prove an individual's residence for purposes of section 201.061, subdivision 3."

Delete the title and insert:

"A bill for an act relating to drivers' licenses; providing for use of tribal identification cards; amending Minnesota Statutes 2005 Supplement, section 171.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 171."

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

The report was adopted.

Davids from the Committee on Agriculture and Rural Development to which was referred:

H. F. No. 3915, A bill for an act relating to agriculture; providing a two-year moratorium on genetically engineered wild rice in the event of an application for a test plot; requiring assessment and reports during the moratorium; proposing coding for new law in Minnesota Statutes, chapter 18F.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. WILD RICE STUDY.

Subdivision 1. Study. The commissioner of agriculture, in cooperation with the commissioner of natural resources, shall review the need for a study on strains of wild rice that are indigenous to Minnesota, sacred to the Ojibwe people, and important both historically and economically to this state. These specific strains are Zizania aquatica and Zizania palustris. The proposed study would include:

(1) evidence of population decline in these strains in Minnesota lakes, rivers, and streams and, if such a decline is found, an explanation of possible contributing factors;

(2) arguments for and against the economic, agronomic, cultural, and historical importance of maintaining the integrity of these strains;

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(3) evaluation of methods available for maintaining the integrity of these strains in Minnesota lakes, rivers, and streams, including scientific, regulatory, and any other reasonable methods the commissioners may identify; and

(4) recommendations that address the findings in clauses (1) to (3).

Subd. 2. Deadlines. No later than November 15, 2007, the commissioners shall report on the need for the study described in subdivision 1 to the chairs of the house and senate committees with jurisdiction over agriculture, environment, and natural resource policy and finance and representatives of the seven sovereign Ojibwe tribes of Minnesota. No later than January 15, 2008, the commissioners shall report on the need for the study to the house and senate committees with jurisdiction over agriculture, environment, and natural resource policy and finance. In their report to the committees, the commissioners must include the official, written response of the Ojibwe representatives and other interested parties who received the initial report from the commissioners."

Delete the title and insert:

"A bill for an act relating to agriculture; providing for a wild rice study."

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

The report was adopted.

Erhardt from the Committee on Transportation to which was referred:

H. F. No. 3991, A bill for an act relating to transportation; extending life of Mississippi River Parkway Commission to 2016; amending Minnesota Statutes 2005 Supplement, section 161.1419, subdivision 8.

Reported the same back with the following amendments:

Page 1, line 8, delete "2016" and insert "2012"

Amend the title as follows:

Page 1, line 3, delete "2016" and insert "2012"

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

The report was adopted.

Seifert from the Committee on State Government Finance to which was referred:

S. F. No. 2734, A bill for an act relating to natural and cultural resources; proposing an amendment to the Minnesota Constitution, article XI; increasing the sales tax rate by three-eighths of one percent and dedicating the receipts for natural and cultural resource purposes; creating an arts, humanities, museum, and public broadcasting

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fund; creating a heritage enhancement fund; creating a parks and trails fund; creating a clean water fund; establishing a Heritage Enhancement Council; establishing a Clean Water Council; amending Minnesota Statutes 2004, sections 297A.62, subdivision 1; 297A.94; 297B.02, subdivision 1; Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 35; proposing coding for new law in Minnesota Statutes, chapters 85; 97A; 103F; 129D.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. CONSTITUTIONAL AMENDMENT.

An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, a section will be added to article XI, to read:

Sec. 15. Beginning July 1, 2009, the sales and use tax receipts equal to the state sales and use tax of one-eighth of one percent on sales and uses taxable under the general state sales and use tax law, plus penalties and interest and reduced by any refunds, are dedicated to provide hunter and angler access and to improve, enhance, or protect game and fish habitat. The money dedicated under this section shall not be used as a substitute for traditional funding sources for the purposes specified, but the dedicated money shall supplement traditional sources of funding for those purposes. Easements in land acquired with money deposited in the game and fish preservation fund under this section must be open to public taking of game and fish during the open season.

Sec. 2. SUBMISSION TO VOTERS.

The proposed amendment shall be submitted to the people at the 2006 general election. The question submitted shall be:

"Shall the Minnesota Constitution be amended to provide funding beginning July 1, 2009, to provide hunter and angler access and to improve, enhance, or protect game and fish habitat by dedicating the sales and use tax receipts equal to the state sales and use tax of one-eighth of one percent on taxable sales?

Yes .......

No ......."

Sec. 3. EFFECTIVE DATE.

Sections 1 and 2 apply to sales and uses occurring after June 30, 2009.

ARTICLE 2

CONFORMING CHANGES

Section 1. [84.946] GAME AND FISH PRESERVATION FUND.

The commissioner of finance shall create a game and fish preservation fund upon the effective date of article 1, section 3. The fund shall consist of revenue deposited under the Minnesota Constitution, article XI, section 15.

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Sec. 2. [84.947] GAME AND FISH PRESERVATION FUND; EXPENDITURE ALLOCATION.

The commissioner of natural resources Budgetary Oversight Committee, under Minnesota Statutes, section 97A.055, subdivision 4b, shall allocate expenditures from the game and fish preservation fund. The recommendations must be for projects that provide hunter and angler access and to improve, enhance, or protect game and fish habitat.

Sec. 3. [84.992] ACCESS TO MINNESOTA OUTDOORS.

Subdivision 1. Walk-in access plan. (a) The commissioner shall create a walk-in public access plan under which the commissioner may encourage owners and operators of privately held land to voluntarily make that land available for walk-in access by the public for hunting and fishing under programs administered by the commissioner and funded by revenue created under the Minnesota Constitution, article XI, section 15.

(b) As part of the plan, the commissioner shall explore entering into contracts with the owners or lessees of land for the establishment of voluntary walk-in public access for the purposes of hunting, fishing, or other wildlife-dependent recreational activities.

(1) the benefits that private land will provide the public, such as hunting, fishing, bird watching, and related outdoor activities; and

(2) the types of fish and wildlife habitat improvements made to the land that will enhance public uses.

(d) The commissioner shall explore walk-in access programs in other states and to develop a walk-in program for public access to private lands for hunting, fishing, and related recreational activities.

Subd. 2. Preemption. Nothing in this section is intended to preempt other state laws, including trespass and liability laws.

Subd. 3. Report. Before implementation, the commissioner must present the walk-in plan to the house and senate committees with jurisdiction over natural resources policy and finance, with recommendations on program implementation, by December 31, 2008.

Sec. 4. Minnesota Statutes 2005 Supplement, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b. Citizen oversight subcommittees. (a) The commissioner shall appoint subcommittees of affected persons to review the reports prepared under subdivision 4; review the proposed work plans and budgets for the coming year; propose changes in policies, activities, and revenue enhancements or reductions; review other relevant information; and make recommendations to the legislature and the commissioner for improvements in the management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following subcommittees, each comprised of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding activities related to trout and salmon stamp funding;

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(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding activities related to migratory waterfowl, pheasant, and turkey stamp funding and excluding review of the amounts available under section 97A.075, subdivision 1, paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required in subdivision 4, paragraph (a), clause (2);

(4) an Ecological Services Operations Subcommittee to review ecological services funding;

(5) a subcommittee to review game and fish fund funding of enforcement, support services, and Department of Natural Resources administration;

(6) a subcommittee to review the trout and salmon stamp report and address funding issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory waterfowl stamp and address funding issues related to migratory waterfowl;

(8) a subcommittee to review the report on the pheasant stamp and address funding issues related to pheasants; and

(9) a subcommittee to review the report on the turkey stamp and address funding issues related to wild turkeys.

(c) The chairs of each of the subcommittees shall form a Budgetary Oversight Committee to coordinate the integration of the subcommittee reports into an annual report to the legislature; recommend changes on a broad level in policies, activities, and revenue enhancements or reductions; provide a forum to address issues that transcend the subcommittees; and submit a report for any subcommittee that fails to submit its report in a timely manner.

(d) The Budgetary Oversight Committee shall develop recommendations for a biennial budget plan and report for expenditures on game and fish activities. By August 15 of each even-numbered year, the committee shall submit the budget plan recommendations to the commissioner and to the senate and house committees with jurisdiction over natural resources finance. In addition, the committee must review and decide on recommended expenditures from the game and fish preservation fund under section 84.946.

(e) Each subcommittee shall choose its own chair, except that the chair of the Budgetary Oversight Committee shall be appointed by the commissioner and may not be the chair of any of the subcommittees.

(f) The Budgetary Oversight Committee must make recommendations to the commissioner and to the senate and house committees with jurisdiction over natural resources finance for outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010. Expenses for performing their duties under this section are governed by section 15.059, subdivision 6.

Sec. 5. Minnesota Statutes 2004, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section and the Minnesota Constitution, article XI, section 15, the commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed by this chapter in the state treasury and credit them to the general fund.

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(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for the construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment was made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of finance shall certify to the commissioner the date on which the project received the conditional commitment. The amount deposited in the loan guaranty account must be reduced by any refunds and by the costs incurred by the Department of Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general fund.

(d) The commissioner shall deposit the revenues, including interest and penalties, collected under section 297A.64, subdivision 5, in the state treasury and credit them to the general fund. By July 15 of each year the commissioner shall transfer to the highway user tax distribution fund an amount equal to the excess fees collected under section 297A.64, subdivision 5, for the previous calendar year.

(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65, must be deposited by the commissioner in the state treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account in the game and fish fund, and may be spent only on activities that improve, enhance, or protect fish and wildlife resources, including conservation, restoration, and enhancement of land, water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund, and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.

(f) The revenue dedicated under paragraph (e) may not be used as a substitute for traditional sources of funding for the purposes specified, but the dedicated revenue shall supplement traditional sources of funding for those purposes. Land acquired with money deposited in the game and fish fund under paragraph (e) must be open to

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public hunting and fishing during the open season, except that in aquatic management areas or on lands where angling easements have been acquired, fishing may be prohibited during certain times of the year and hunting may be prohibited. At least 87 percent of the money deposited in the game and fish fund for improvement, enhancement, or protection of fish and wildlife resources under paragraph (e) must be allocated for field operations.

Sec. 6. EFFECTIVE DATE.

Sections 1, 2, 4, and 5 are effective July 1, 2009, if the constitutional amendment proposed in article 1 is adopted by the voters. Section 3 is effective the day following final enactment.

ARTICLE 3

MOTOR VEHICLE SALES TAX CONSTITUTIONAL AMENDMENT

Section 1. Laws 2005, chapter 88, article 3, section 9, is amended to read:

Sec. 9. CONSTITUTIONAL AMENDMENT PROPOSED.

An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, two sections will be added to article XIV to read:

Sec. 12. Beginning with the fiscal year starting July 1, 2007, 63.75 percent of the revenue from a tax imposed by the state on the sale of a new or used motor vehicle must be apportioned for the transportation purposes described in section 13, then the revenue apportioned for transportation purposes must be increased by ten percent for each subsequent fiscal year through June 30, 2011, and then the revenue must be apportioned 100 percent for transportation purposes after June 30, 2011.

Sec. 13. The revenue apportioned in section 12 must be allocated for the following transportation purposes: ~~not more than 60~~ 80 percent must be deposited in the highway user tax distribution fund, and ~~not less than 40~~ 20 percent must be deposited in a fund dedicated solely to public transit assistance as defined by law.

Sec. 2. Laws 2005, chapter 88, article 3, section 10, is amended to read:

Sec. 10. SUBMISSION TO VOTERS.

The constitutional amendment proposed in section 12 must be presented to the people at the 2006 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended to dedicate revenue from a tax on the sale of new and used motor vehicles over a five-year period, so that after June 30, 2011, all of the revenue is dedicated ~~at least 40~~ 20 percent for public transit assistance and ~~not more than 60~~ 80 percent for highway purposes?

Yes .......

No ........"

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ARTICLE 4

MARRIAGE CONSTITUTIONAL AMENDMENT

Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.

An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, a section shall be added to article XIII, to read:

Sec. 13. Only a union of one man and one woman shall be valid and recognized as a marriage in Minnesota. Any other relationship shall not be recognized as a marriage or its legal equivalent by the state or any of its political subdivisions.

Sec. 2. SUBMISSION TO VOTERS.

The proposed amendment must be submitted to the people at the 2006 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended to provide that the state and its political subdivisions shall recognize marriage and its legal equivalent as limited to only the union of one man and one woman?

Yes .......

No .......""

Delete the title and insert:

"A bill for an act relating to proposing constitutional amendments; proposing an amendment to the Minnesota Constitution by adding a section to article XI; dedicating sales and use tax receipts equal to a rate of one-eighth of one percent on taxable sales and uses to provide angler and hunter access and to improve, enhance, or protect game and fish habitat; creating a game and fish preservation fund; providing for an outdoor walk-in public access plan; amending a proposed amendment to the Minnesota Constitution, article XIV, sections 12 and 13; dedicating motor vehicle sales tax revenues to transportation and allocating them between public transit assistance and the highway user tax distribution fund; proposing an amendment to the Minnesota Constitution by adding a section to article XIII; providing that only a union of one man and one woman is valid and recognized as a marriage; amending Minnesota Statutes 2004, section 297A.94; Minnesota Statutes 2005 Supplement, section 97A.055, subdivision 4b; Laws 2005, chapter 88, article 3, sections 9; 10; proposing coding for new law in Minnesota Statutes, chapter 84."

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 2944, 3002, 3380, 3383 and 3503 were read for the second time.

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SECOND READING OF SENATE BILLS

S. F. Nos. 2832 and 3465 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Abrams introduced:

H. F. No. 4110, A bill for an act relating to taxation; providing a sales tax exemption for motor vehicles purchased by lessees who donate the leased vehicle to a charitable organization within 30 days of the date of purchase; amending Minnesota Statutes 2004, section 297B.03.

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

Hackbarth introduced:

H. F. No. 4111, A bill for an act relating to stadiums; providing for the financing, construction, operation, and maintenance of a baseball stadium and related facilities; establishing the Minnesota Ballpark Authority; defining members of the authority as public officials; providing powers and duties of the authority; providing a community ownership option upon sale of the team; authorizing Hennepin County to issue bonds and to contribute to ballpark costs and to engage in ballpark and related activities; authorizing local sales and use taxes and revenues; requiring voter approval for local sales tax increases used to finance the stadiums; requiring actions by the state, the city of Minneapolis, and the Hennepin County Regional Railroad Authority; providing for the financing of a football stadium in Anoka County; creating a football stadium authority; authorizing the county to levy and collect certain taxes; amending Minnesota Statutes 2004, sections 297A.68, by adding a subdivision; 297A.71, by adding subdivisions; Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 35; proposing coding for new law as Minnesota Statutes, chapter 473J; repealing Minnesota Statutes 2004, sections 473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09; 473I.10; 473I.11; 473I.12; 473I.13.

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

Eastlund; Ellison; Walker; Anderson, B.; Erickson; Wilkin; Johnson, J.; Sviggum; Sailer; Entenza; Moe; DeLaForest; Blaine; Peppin; Hilty; Kahn; Paymar; Emmer and Thao introduced:

H. F. No. 4112, A bill for an act relating to public safety; establishing an address confidentiality program for victims of domestic violence, sexual assault, or stalking; providing program participants with a method of voting; establishing a mail forwarding system for program participants; prescribing criminal penalties; providing rulemaking; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 5B.

The bill was read for the first time and referred to the Committee on Public Safety Policy and Finance.

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6206

Peterson, A., and Severson introduced:

H. F. No. 4113, A bill for an act relating to highways; allowing certain national guard-related signs to be placed on highways; amending Minnesota Statutes 2004, section 169.06, subdivision 2.

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

Krinkie introduced:

H. F. No. 4114, A bill for an act relating to public finance; providing terms and conditions related to the issuance of obligations; defining terms; providing for authorization of interfund loans; amending Minnesota Statutes 2004, sections 103E.635, subdivision 7; 162.18, subdivision 1; 162.181, subdivision 1; 273.032; 365A.08; 365A.095; 373.45, subdivision 1; 469.035; 469.103, subdivision 2; Minnesota Statutes 2005 Supplement, sections 469.178, subdivision 7; 475.521, subdivision 4.

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

Brod, Lanning, Vandeveer, Magnus, Hamilton, Simpson, Finstad and Sviggum introduced:

H. F. No. 4115, A bill for an act relating to estate taxation; conforming to the increase in the federal exemption amount; amending Minnesota Statutes 2005 Supplement, section 291.03, subdivision 1.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 10, A Senate concurrent resolution relating to adjournment for more than three days.

Patrick E. Flahaven, Secretary of the Senate

SUSPENSION OF RULES

Paulsen moved that the rules be so far suspended that Senate Concurrent Resolution No. 10 be now considered and be placed upon its adoption. The motion prevailed.

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6207

SENATE CONCURRENT RESOLUTION NO. 10

A Senate concurrent resolution relating to adjournment for more than three days.

Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring:

1. Upon their adjournments on Wednesday, April 12, 2006, the Senate and House of Representatives may each set its next day of meeting for Tuesday, April 18, 2006.

2. Each house consents to adjournment of the other house for more than three days.

Paulsen moved that Senate Concurrent Resolution No. 10 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 10 was adopted.

Mr. Speaker:

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

S. F. Nos. 2634, 1039 and 2793.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2634, A bill for an act relating to state employment; ratifying certain labor agreements and compensation plans.

The bill was read for the first time.

MOTION TO SUSPEND RULES

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Hilty moved that the rule therein be suspended and an urgency be declared so that S. F. No. 2634 be given its second and third readings and be placed upon its final passage.

A roll call was requested and properly seconded.

The question was taken on the Hilty motion and the roll was called. There were 72 yeas and 60 nays as follows:

Those who voted in the affirmative were:

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

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6213

Lanning; Hilstrom; Samuelson; Peterson, N., and Hornstein moved to amend S. F. No. 2750, the unofficial engrossment, as follows:

Page 3, line 34, after the first comma, insert "except necessary and required public services,"

The motion prevailed and the amendment was adopted.

Koenen moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 7, line 20, after "Sections" insert "117.012, subdivision 3,"

The motion prevailed and the amendment was adopted.

Olson moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 9, delete section 16 and insert:

"Sec. 16. [160.042] CONDEMNATION FOR ACCESS TO PRIVATE PROPERTY LIMITED.

A road authority must not acquire property by eminent domain to establish a local road or street, as defined by the Federal Highway Administration's Functional Classification Guidelines, for access to property of less than five acres that will serve projected traffic of less than 100 average daily trips, unless the property is landlocked or the road authority can show that the local road or street is necessary to cost effectively mitigate ongoing safety concerns. A property that has no other access than over a navigable waterway is landlocked."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Thissen, Davids and Dill moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 6, after line 31, insert:

"Sec. 9. [117.1863] GOVERNMENT ENTRY INTO MIXED MUNICIPAL SOLID WASTE SERVICES BUSINESS; INVERSE CONDEMNATION.

Subdivision 1. Definition. As used in this section, "political subdivision" means a statutory or home rule charter city or a town.

Subd. 2. Person to bring action. A person may bring an action in district court to compel a political subdivision of the state to commence condemnation proceedings if:

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6214

(1) the political subdivision of the state determines to provide, directly or indirectly, mixed municipal solid waste collection services previously provided by private persons within the jurisdiction of the political subdivision or limits the number of private persons who are permitted to provide the mixed municipal solid waste collection services within the jurisdiction so as to exclude a private person then providing such services from continuing to do so;

(2) as a result of the political subdivision's actions, the person is not able to continue in business to provide substantially the same mixed municipal solid waste collection services as before; and

(3) but for the political subdivision's actions, the person would be able to continue to provide substantially the same mixed municipal solid waste collection services in substantially the same market as before the government's actions.

Subd. 3. Limitation. (a) A person may not maintain an action against a political subdivision under subdivision 2 if the person provides mixed municipal solid waste collection services to that political subdivision under a contract between the person and the political subdivision which sets forth the terms and conditions under which the person can provide the services in the political subdivision. A person may not maintain an action under subdivision 2, if, pursuant to the terms of the contract, the political subdivision does not renew the contract for collection services.

(b) A person may not maintain an action against a political subdivision under subdivision 2 if the political subdivision prohibits a person providing mixed municipal solid waste collection services from providing the services because the person engaged in criminal or fraudulent conduct.

Subd. 4. Statute of limitations. An action brought under subdivision 2 must be commenced within six months of the day the political subdivision begins providing mixed municipal solid waste collection services that are alleged to be a taking."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Speaker pro tempore Abrams called Paulsen to the Chair.

Abrams and Lenczewski moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 9, line 21, after "2006" insert:

", except the act does not apply to an action brought in connection with a project that satisfies one of the following conditions:

(1) with respect to property identified as intended to be acquired in a tax increment financing plan, as approved by the municipality, as that term is used in Minnesota Statutes, section 469.174, subdivision 6, by the day following final enactment under Minnesota Statutes, section 469.175, if the condemning authority has satisfied one or more of the following conditions in connection with the tax increment financing plan:

(i) the developer has acquired property by May 1, 2006, in reliance on the condemning authority's contractual obligation to condemn property; or

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6215

(ii) by May 1, 2006, the condemning authority has issued, sold, or entered a binding agreement to issue or sell bonds or other obligations to finance the costs of the tax increment financing plan and has commenced the condemnation action within 2 years after the bonds were issued; or

(2) the tax increment financing district was certified before April 1, 2006; a tax increment financing plan, adopted before April 1, 2006, identified the property as intended to be acquired; and the condemning authority has commenced the condemnation action within five years after certification of the district; or

(3) creation of the tax increment financing district was authorized under a special law that received local approval or became effective without local approval before April 1, 2006, and the condemning authority commences the action within the time period permitted under the applicable general or special law for making expenditures to comply with Minnesota Statutes, section 469.1763, subdivision 3, but not to exceed a ten-year period; or

(4) the condemning authority commences the action before April 1, 2011, to complete land assembly for a project, financed in whole or part with abatement under Minnesota Statutes, sections 469.1813 through 469.1815, and the abatement resolution was adopted by one of the participating political subdivisions before April 1, 2006"

Amend the title accordingly

The Speaker resumed the Chair.

Goodwin moved to amend the Abrams and Lenczewski amendment to S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 2, line 4, after "2006" insert "; or

(5) by April 1, 2006, the condemning authority has acquired property at a public cost of $750,000 or more in anticipation of creating a tax increment financing district under Minnesota Statutes, section 469.175, or adopting a tax abatement resolution under Minnesota Statutes, section 469.1813, and the condemning authority commences the condemnation action within three years after the acquisition or the approval of the tax increment financing plan or abatement resolution, whichever occurs last"

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 69 yeas and 65 nays as follows:

Those who voted in the affirmative were:

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

Mullery moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 1, after line 9, insert:

"ARTICLE 1

MORATORIUM ON CERTAIN TAKINGS"

Page 9, line 20, delete "This act" and insert "Sections 1 to 16 of this article"

Page 9, line 21, before the period, insert ", and expire July 1, 2008"

Page 9, after line 21, insert:

"ARTICLE 2

BLUE RIBBON TASK FORCE ON EMINENT DOMAIN

Section 1. BLUE RIBBON TASK FORCE ON EMINENT DOMAIN ESTABLISHED.

Subdivision 1. Blue ribbon task force established; membership. A blue ribbon task force on eminent domain is established, consisting of 15 members appointed as provided in this section. All appointments must be made as soon as practicable after the effective date of this article.

Subd. 2. Governor's appointments. The governor shall appoint 11 members.

(a) Three appointees must have special knowledge or expertise on the benefits of the broad use of eminent domain power and three must have special knowledge or expertise on the benefits of the restricted use of eminent domain power.

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6220

(b) Three appointees must be neutral but knowledgeable on the issue of the use of eminent domain.

(c) One must be an attorney who represents governmental entities in eminent domain cases and one must be an attorney who represents property owners in eminent domain cases. The governor must consider the recommendations of the Minnesota State Bar Association in making these appointments.

Subd. 3. Legislative appointments. The ranking majority and minority members of the house and senate committees with jurisdiction over commerce issues shall each make one appointment to the task force.

Subd. 4. Chair. The governor shall designate one of the members appointed under subdivision 2, paragraph (b), to serve as chair of the task force. The chair shall convene the first meeting of the task force. The task force may appoint other members to serve as vice-chair and secretary.

Sec. 2. DUTIES, STUDY TOPICS.

Subdivision 1. General. The task force must study thoroughly all matters relating to the exercise of the power of eminent domain and whether its use comports with general requirements of fairness, justice, equal protection, and due process. The task force, at a minimum, must study and report on the topics listed in this section.

Subd. 2. Past uses of eminent domain. The task force must study and report on:

(a) all exercises of the power of eminent domain in Minnesota to acquire residential property for transfer to another private use, completed between January 1, 2000, and January 1, 2005. The report must distinguish between owner-occupied residential properties taken and other properties;

(b) the declared purposes for these acquisitions;

(d) the total compensation paid for each acquisition, listing separately acquisition price, relocation assistance, and any other element of compensation or reimbursement; and

(e) the current ownership and use of each property.

Subd. 3. Recommendations. The task force must study and report on how the provisions of article 1 of this act have worked, and, at a minimum, address the questions below.

(a) Is there a way to insure that eminent domain is not used in a discriminatory way to acquire property based on the race, ethnicity, age, or income of the majority of the population in the area? Is there a way to insure that the use of eminent domain does not have a disparate impact on minority populations, the elderly, and low-income persons?

(b) Should there be additional compensation paid for a property owner's sentimental or emotional attachment to the property, based on, for example, the owner's long residence there? If there should be additional compensation, how should it be determined and who should determine it?

(c) Should there be additional compensation paid for special features or unusual work done on the residence, whether practical or aesthetically pleasing, that would not otherwise be accounted for in market value?

(d) Are those whose homes are taken receiving the full amount they should receive under the relocation law, and is the requirement that the compensation be sufficient to allow the property owner to acquire comparable property in the same community followed?

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6221

(e) Should eminent domain matters be tried de novo in district court or should deference be given to the fact-finding of the condemning authority?

(f) What should the burden of proof be and should it be different for different elements or types of takings?

(g) Should there be a different measure for what constitutes just compensation? Who should have the burden of proving what is just compensation? Should attorneys fees be allowed, and, if so, on what terms? Should the ultimate disposition of the property taken make a difference in the compensation paid?

(h) Should the level of crime in the general area of the property proposed to be taken be a factor in determining blight? Should the level of crime related to the specific property affect compensation?

(i) If property taken is ultimately transferred to another private owner, should the owner's whose property was taken receive some portion of any amount paid to the condemning authority that is greater than the amount paid to the property owner by the condemning authority? Should compensation such as this depend on other factors, such as how long the condemning authority held the property or whether it was used for governmental purposes?

(j) Should a special court be established to handle eminent domain matters, similar to the tax court and workers compensation court?

(k) Should a partial taking of a business property ever receive compensation for loss of a going concern?

(l) What, if any, eminent domain procedures or compensation should be different based on whether the property taken is owner-occupied, rental residential, business, nonprofit or charitable, or other?

(m) Should the exercise of the power of eminent domain by local governments require a vote of the local elected officials?

(n) Should a taking by a local government to provide publicly owned housing be treated the same as a taking for a road?

(o) What are the additional costs to the taxpayers due to the changes in eminent domain law under article 1?

(p) Under what circumstances is it fair to the taxpayers and the property owner to pay compensation for loss of a going concern?

(q) Does the relocation assistance requirement to place a displaced person in housing that is at least of equal value and in the same area as the property taken working? Are there changes that would make this element of compensation fair to all? Are the costs of financing taken into account?

Sec. 3. REPORT BY JANUARY 15, 2008.

The task force must submit a report on its findings, conclusions, and recommendations on legislative and administrative actions by January 15, 2008. The report must be submitted to the governor and to the legislature, as provided in Minnesota Statutes, section 3.195, and to the chairs of the house and senate committees with jurisdiction over civil law, transportation, state government, and local government.

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6222

Sec. 4. EFFECTIVE DATE; EXPIRATION.

This article is effective the day following final enactment and expires June 30, 2009."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

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

Slawik was excused between the hours of 6:10 p.m. and 7:50 p.m.

Vandeveer, Ozment and Hackbarth moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 9, after line 15, insert:

"Sec. 17. Minnesota Statutes 2004, section 394.36, is amended by adding a subdivision to read:

Subd. 4. Ownership of lot or parcel not relevant. (a) A county shall not refuse to issue a permit for construction of a single-family residence based upon the common ownership of a contiguous nonconforming lot or parcel, provided that contiguous nonconforming lots or parcels under the same ownership contain no more than three residential structures. A conforming lot or parcel of land shall retain its conforming status regardless of the ownership of title to an adjoining nonconforming lot or parcel of land. Nothing in this subdivision shall be construed to prohibit the application of other applicable statutes, ordinances, or regulations in furtherance of health, safety, or welfare, nor allow an increase in the nonconformity of a lot or parcel. A county shall not prohibit the sale of a residential lot based upon the common ownership of a contiguous nonconforming lot or parcel. This subdivision applies to lots and parcels defined as shoreland within the meaning of section 103F.205.

(b) A municipality shall not refuse to issue a permit for construction of a single-family residence based upon the common ownership of a contiguous nonconforming lot or parcel, provided that contiguous nonconforming lots or parcels under the same ownership contain no more than three residential structures. A conforming lot or parcel of land shall retain its conforming status regardless of the ownership of title to an adjoining nonconforming lot or parcel of land. Nothing in this subdivision shall be construed to prohibit the application of other applicable statutes, ordinances, or regulations in furtherance of health, safety, or welfare, nor allow an increase in the nonconformity of a lot or parcel. A municipality shall not prohibit the sale of a residential lot or parcel. This subdivision applies to lots and parcels defined as shoreland within the meaning of section 103F.205."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6223

Zellers, Holberg, Hoppe and DeLaForest moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 7, delete lines 30 to 32

Page 8, delete lines 1 to 9 and insert:

"Subd. 2. Public hearing; vote by local government governing body. (a) Before a local government or local government agency commences an eminent domain proceeding under section 117.055, a public hearing must be held as provided in this section. The local government must notify each owner of property that may be acquired in writing by certified mail of the public hearing on the proposed taking, post the public hearing information on the local government's Web site, if any, and publish notice of the public hearing in a newspaper of general circulation in the local government's jurisdiction. Notice must be provided at least 30 days but not more than 60 days before the hearing.

(b) Any interested person must be allowed reasonable time to present relevant testimony at the public hearing. The proceedings of the hearing must be recorded and available to the public for review and comment at reasonable times and a reasonable place. At the next regular meeting of the local government that is at least 30 days after the public hearing, the local government must vote on the question of whether to authorize the local government or local government agency to use eminent domain to acquire the property."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Abrams and Lenczewski moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 9, line 21, after "2006" insert:

", except the act does not apply to an action brought in connection with a project that satisfies one of the following conditions:

(i) the developer has acquired property by May 1, 2006, in reliance on the condemning authority's contractual obligation to condemn property; or

Journal of the House - 86th Day - Thursday, April 6, 2006 - Top of Page 6224

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Goodwin moved to amend S. F. No. 2750, the unofficial engrossment, as amended, as follows:

Page 9, after line 15, insert:

"Sec. 17. SPECIFIC EXEMPTIONS.

(a) Until December 30, 2006, the Sauk Rapids downtown impact mitigation project is exempt from this act.

(b) This act does not apply to an action brought in connection with a project if by April 1, 2006, the condemning authority has acquired property at a public cost of $750,000 or more in anticipation of creating a tax increment financing district under Minnesota Statutes, section 469.175, or adopting a tax abatement resolution under Minnesota Statutes, section 469.1813, and the condemning authority commences the condemnation action within three years after the acquisition or the approval of the tax increment financing plan or abatement resolution, whichever occurs last."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Goodwin amendment and the roll was called. There were 58 yeas and 74 nays as follows:

Those who voted in the affirmative were: