Journal of the House - 21st Day - Top of Page 499

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

TWENTY-FIRST DAY

Saint Paul, Minnesota, Monday, March 10, 1997

 

The House of Representatives convened at 2:30 p.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Reverend Ronald A. Smith, Co-Pastor, Park Open Door Church, St. Paul, Minnesota.

The members of the House gave the pledge of allegiance to the flag of the United States of America.

The roll was called and the following members were present:

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

A quorum was present.

Davids and Van Dellen were excused.

The Chief Clerk proceeded to read the Journals of the preceding days. Bradley moved that further reading of the Journals be suspended and that the Journals be approved as corrected by the Chief Clerk. The motion prevailed.


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PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

March 5, 1997

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 File:

H. F. No. 631, relating to public administration; clarifying the terms and conditions of a state appropriation.

Warmest regards,

Arne H. Carlson

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Phil Carruthers

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 Act of the 1997 Session of the State Legislature has been received from the Office of the Governor and is 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
63152:07 p.m. March 5March 5

Sincerely,

Joan Anderson Growe
Secretary of State


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REPORTS OF STANDING COMMITTEES

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

H. F. No. 209, A bill for an act relating to human services; changing provisions for placement of children; amending Minnesota Statutes 1996, sections 257.071, subdivisions 1a and 7; 257.072, subdivisions 1, 2, 3, 4, 7, and 9; 259.29; 259.57, subdivision 2; 259.77; 260.181, subdivision 3; and 260.191, subdivision 1a.

Reported the same back with the following amendments:

Page 1, line 13, before "The" insert "(a)"

Page 1, line 21, strike "following"

Page 1, line 22, after the stricken "in" insert "considering placement with relatives and important friends consistent with" and reinstate the stricken "section 260.181,"

Page 1, line 23, before "Among" insert "(b)"

Page 1, line 24, delete the colon and insert "those specified under section 260.181, subdivision 3, paragraph (b)."

Page 1, delete lines 25 and 26

Page 2, delete lines 1 to 10

Page 2, line 15, before "Placement" insert:

"(c)"

Page 2, line 19, delete "each child" and insert "a sibling"

Page 2, line 22, strike "By December 31, 1989,"

Page 5, lines 32 and 33, delete "of color"

Page 7, line 1, delete "in the state"

Page 8, line 2, before "The" insert "(a)"

Page 8, line 12, before "Among" insert "(b)"

Page 8, line 13, delete the colon and insert "those specified under section 260.181, subdivision 3, paragraph (b)."

Page 8, delete lines 14 to 25

Page 8, line 36, before the comma, insert "consider placement"

Page 9, line 1, after "interests" insert "and in the following order" and delete "consider placement" and after "with" insert "(1)"

Page 9, line 2, delete ", if a relative is not available," and insert "(2)"

Page 10, line 5, before "Among" insert "(b)" and delete "agency" and insert "court "


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Page 10, line 6, delete the colon and insert "those specified under section 260.181, subdivision 3, paragraph (b)."

Page 10, delete lines 7 to 18

Page 10, line 19, delete "(b)" and insert "(c)"

Page 10, line 22, after "placement" insert a comma

Page 10, line 23, after "interests" insert "and in the following order," and after "with" insert "(1)"

Page 10, line 24, strike ", if" and strike "a"

Page 10, line 25, strike "relative is not available, to"

Page 10, line 29, before "an" insert "(2)"

Page 10, line 32, delete "foster" and insert "adoptive"

Page 10, line 34, delete "each child" and insert "a sibling"

Page 10, line 35, delete "(c)" and insert "(d)"

Page 11, line 13, before "This" insert "(e)"

Page 12, line 6, before "The" insert "(a)"

Page 12, line 12, before "Among" insert "(b)"

Page 12, line 24, after "court" insert ", or in the case of a voluntary placement the child-placing agency,"

Page 12, line 26, before "The" insert "(c)"

Page 12, line 29, after "placement" insert a comma

Page 12, line 30, after "interests" insert "and in the following order,"

Page 12, line 31, strike "(a)" and insert "(1)"

Page 12, line 32, strike "if"

Page 12, line 33, strike "a relative is not"

Page 12, line 34, strike "available, who (b)" and insert "(2)"

Page 13, line 7, delete "each child" and insert "a sibling"

Page 13, line 8, before "If" insert "(d)"

Page 13, line 23, before "This" insert "(e)"

Page 14, after line 16, insert:

"Sec. 14. [EFFECTIVE DATE.]

Sections 1 to 13 are effective the day following final enactment."

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

The report was adopted.


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

H. F. No. 211, A bill for an act relating to telecommunications; authorizing the installation of extended area service within combined school districts.

Reported the same back with the following amendments:

Page 1, line 9, delete "between" and insert "among school district and charter school"

Page 1, line 10, after "in" insert "the geographic region of"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 217, A bill for an act relating to land use planning; providing for mandatory comprehensive planning; appropriating money; amending Minnesota Statutes 1996, sections 116C.04, by adding a subdivision; 394.22, by adding subdivisions; 394.23; 394.24, subdivision 1; 394.32, by adding subdivisions; 462.351; 462.352, by adding a subdivision; 462.355, subdivision 1a; and 462.357, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 394; and 462; proposing coding for new law as Minnesota Statutes, chapter 462D.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [116C.045] [LAND USE PLANNING.]

Subdivision 1. [GOALS.] The goals of comprehensive planning are to:

(1) guide change through planning and develop a community vision for future development that is sustainable;

(2) 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;

(3) ensure broad citizen participation in planning and decision making;

(4) respect and foster diversity among communities and permit communities to maintain their individual identities, where appropriate, consistent with state law by, among other means, preserving open space between communities;

(5) use integrated information as a foundation for plans and decisions;

(6) consider the long-term social, economic, and environmental costs and benefits of development;

(7) 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;

(8) use natural resources and public funds efficiently by directing growth towards areas with existing infrastructure and services, and by encouraging development that is appropriate for the ecology and character of the community;


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(9) preserve features of local, regional, and statewide significance, such as farmland, forests, open space, and unique natural, historic, cultural, scenic, and recreational areas;

(10) live within our means;

(11) foster livable communities with safe, pedestrian-friendly development that integrates a diverse mix of housing and jobs, public transit, businesses, public spaces, and recreational areas; and

(12) enhance Minnesota's economic strength and competitiveness.

Subd. 2. [COMPREHENSIVE PLAN REVIEW AND APPROVAL.] The environmental quality board shall review and comment on each county comprehensive plan submitted to the board. The board shall review each plan to determine if it addresses the goals in subdivision 1. The board shall complete its review and comment within 60 days of receipt of a plan from a county.

Subd. 3. [ADR ASSISTANCE.] The environmental quality board shall assist local governments in resolving disputes through alternative dispute resolution, as provided in section 394.23, subdivisions 6 and 7.

Sec. 2. Minnesota Statutes 1996, section 394.22, is amended by adding a subdivision to read:

Subd. 13. [CAPITAL IMPROVEMENT PROGRAM.] "Capital improvement program" means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, including public improvements in or related to air space and subsurface areas necessary for mined underground space development pursuant to sections 469.135 to 469.141, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the county, and such other information on capital improvements as may be pertinent.

Sec. 3. Minnesota Statutes 1996, section 394.22, is amended by adding a subdivision to read:

Subd. 14. [GROWTH COUNTY.] "Growth county" means a county outside the metropolitan area in which the population is estimated by the state demographer to have a growth rate for the most recent five-year period for which data is available that is greater than one-half of one percentage point higher than the statewide growth rate during the same period, and in which the county population density is greater than 50 people per square land-mile. Once a county is determined to be a growth county it remains a growth county for the purposes of comprehensive planning.

Sec. 4. Minnesota Statutes 1996, section 394.22, is amended by adding a subdivision to read:

Subd. 15. [METROPOLITAN AREA.] "Metropolitan area" means the area defined in section 473.121, subdivision 2.

Sec. 5. Minnesota Statutes 1996, section 394.23, is amended to read:

394.23 [COMPREHENSIVE PLAN.]

Subdivision 1. [GENERAL AUTHORITY.] 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.

Subd. 2. [PLANNING IN GROWTH COUNTY.] (a) The county board in a growth county shall prepare and submit to the environmental quality board for review and comment a comprehensive plan and official controls to implement the plan.

(b) In addition to any other requirements of this chapter, the plan must address the goals in section 116C.045 and incorporate the comprehensive municipal plan for each municipality in the county.

(c) The plan must ensure that land outside an urban growth boundary is zoned as permanent rural or agricultural land, developed at a density of no more than one dwelling unit in 40 acres, unless clauses (1), (2), and (3) apply:


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(1) under the county's land evaluation site assessment system factors, the land is not suitable for permanent rural or agricultural zoning;

(2) the potentially affected school districts have submitted written comments concerning the operating and capital costs that they may incur over the next 20 to 40 years if the land is developed at a higher density, and the county board has considered the comments; and

(3) the county and the environmental quality board find that the exception is consistent with the goals of comprehensive planning in section 116C.045.

(d) The county board shall submit the plan to the environmental quality board within 30 months of determining that the county is a growth county.

(e) If the county has a previously adopted plan, the board shall review, update, and submit to the environmental quality board a revised plan and official controls meeting the requirements of this subdivision, including the comprehensive municipal plan for each municipality in the county, within 30 months of determining that the county is a growth county.

Subd. 3. [PLANNING IN OTHER NONMETROPOLITAN AREA COUNTIES.] The board in a county outside the metropolitan area, other than a growth county, that has not adopted a comprehensive plan shall prepare and submit to the environmental quality board for review and comment a comprehensive plan that addresses the goals of section 116C.045 and official controls to implement the plan within 30 months of the effective date of this section. The plan must incorporate the comprehensive municipal plan for each municipality in the county. A county with a comprehensive plan adopted or substantially amended in the ten years prior to the effective date of this section is not required to adopt a new plan, but shall review and update its plan to address the goals of section 116C.045 within ten years, as provided in subdivision 4.

Subd. 4. [PERIODIC REVIEW AND UPDATE.] The county board shall review and update the comprehensive plan periodically, but at least every ten years, and submit it to the environmental quality board for review and comment. The updated plan must meet the same requirements as for initial plans under this section.

Subd. 5. [COUNTY RESPONSE.] The county board shall respond to any comments of the environmental quality board that state that the county's plan does not address the goals in section 116C.045 and justify or change the plan provisions in question within 60 days of receipt of the environmental quality board's comments.

Subd. 6. [COORDINATION WITH ADJACENT COUNTIES; CONFLICT RESOLUTION.] Before submitting the comprehensive plan to the environmental quality board, the county board shall coordinate its comprehensive plan with adjacent counties. The adjacent counties shall review and submit written comments on the proposed plan to the county board within 60 days of receiving the plan. The board shall not submit its plan to the environmental quality board if an adjacent county determines, as evidenced by a resolution of the governing body, that implementation of the plan has the potential to have a substantial adverse impact on its own plan. The board shall negotiate with the affected county to resolve the dispute. If the dispute is not resolved within six months, the parties shall submit the issues to the environmental quality board for assistance in resolving them through an alternative dispute resolution process.

Subd. 7. [COORDINATION WITH METROPOLITAN COUNCIL.] (a) A county adjacent to the metropolitan area shall coordinate its plan with the metropolitan council, in relation to the council's development guide.

(b) If the county board determines that implementation of the council's development guide has the potential to have a substantial adverse impact on the county, as evidenced by a resolution of the county board, the metropolitan council shall stay any action related to the county board's concerns until the dispute is resolved. If the parties do not resolve the dispute within six months, the parties shall submit the issues to the environmental quality board for assistance in resolving them through an alternative dispute resolution process.

(c) If the metropolitan council determines, as evidenced by a resolution of the council, that the county's proposed plan has the potential to have a substantial adverse impact on a metropolitan system, the county board shall negotiate with the council to resolve the dispute. If the dispute is not resolved within six months, the parties shall submit the issues to the environmental quality board for assistance in resolving them through an alternative dispute resolution process.

(d) The county shall not submit its plan to the environmental quality board for review and comment until any dispute is resolved.


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Subd. 8. [PLAN ADOPTION.] Within 30 days of receiving the environmental quality board's comments or submitting the county's response to the comments, whichever is later, the county board shall adopt and implement the plan.

Subd. 9. [LIMITATION ON PLAN AMENDMENT.] The county board shall not amend its plan for an area inside an urban growth boundary that is outside the municipality's jurisdiction without the municipality's approval.

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

Subdivision 1. [ADOPTED BY ORDINANCE.] Official controls which shall further the purpose and objectives of the comprehensive plan and parts thereof shall be adopted by ordinance. The board may not adopt or implement official controls that are inconsistent with or conflict with the adopted comprehensive plan. If a comprehensive plan is in conflict with an official control, the official control must be brought into conformance with the plan by the board. The comprehensive 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 comprehensive plan.

Sec. 7. Minnesota Statutes 1996, section 394.32, is amended by adding a subdivision to read:

Subd. 6. [PLANNING FOR TOWNS.] Notwithstanding the provisions of subdivisions 1 to 3, the board shall include the area within each town in the county in its plan. The county shall also prepare official controls to implement the plan that shall be binding on the town, except that a town may adopt official controls that provide for a lower density than provided in the county's plan. A county may not require reimbursement of expenses by the town for planning.

Sec. 8. 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. 9. 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. 10. Minnesota Statutes 1996, section 462.352, is amended by adding a subdivision to read:

Subd. 18. [GROWTH COUNTY.] "Growth county" has the meaning given it in section 394.22, subdivision 14.

Sec. 11. Minnesota Statutes 1996, section 462.352, is amended by adding a subdivision to read:

Subd. 19. [URBAN GROWTH BOUNDARY.] "Urban growth boundary" means the designated boundary 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 density at which the city wishes to develop.

Sec. 12. [462.3535] [PLANNING REQUIREMENTS.]

Subdivision 1. [CITIES IN GROWTH COUNTIES; URBAN GROWTH BOUNDARIES.] (a) The comprehensive municipal plan for a statutory or home rule charter city in a growth county, and official controls to implement the plan, must (1) address the goals in section 116C.045, and (2) establish an urban growth boundary for the urbanized and urbanizing area.


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

(c) Outside the urban growth boundary, the plan must not provide urban services and the land must be maintained as permanent rural or agricultural land, developed at a density of not more than one dwelling unit in 40 acres, unless clauses (1), (2), and (3) apply:

(1) under the county's land evaluation site assessment system factors, the land is not suitable for permanent rural or agricultural zoning;

(2) the potentially affected school districts have submitted written comments concerning the operating and capital costs that they may incur over the next 20 to 40 years if the land is developed at a higher density and the city has considered the comments; and

(3) the county and the environmental quality board find that the exception is consistent with the goals of comprehensive planning in section 116C.045.

(d) A comprehensive municipal plan meeting the requirements of this subdivision must be prepared within two years of determining that this subdivision applies to the city.

Subd. 2. [OTHER CITIES.] A plan that addresses the goals in section 116C.045, and official controls to implement the plan, must be prepared for a statutory or home rule charter city in a city outside the metropolitan area that is not a growth county, and that has not adopted a comprehensive municipal plan, within two years of the effective date of this section. The plan may establish an urban growth boundary. A new plan is not required for a city with a plan adopted or substantially amended in the ten years prior to the effective date of this section, but the plan must be reviewed and updated to address the goals of section 116C.045 within ten years, as provided in section 462.355, subdivision 1a.

Subd. 3. [COORDINATION WITH ADJACENT CITIES; CONFLICT RESOLUTION.] Before a comprehensive municipal plan is incorporated into the county's plan under section 394.23, a city's comprehensive municipal plan must be coordinated with adjacent cities within the county. As soon as practicable after the development of a comprehensive municipal plan by a city, the city shall provide a copy of the draft plan to adjacent cities within the county for review and comment. An adjacent city has 30 days after receipt to review and submit written comments to the city. If an adjacent city determines that the implementation of the city's plan has the potential to have a substantially adverse impact on its own plan, the adjacent city shall notify the city in writing of its determinations. The city and the adjacent city have 60 days to negotiate a resolution. If after this 60-day period the dispute remains unresolved, the city may submit the dispute to mediation for an additional 60-day period. After the close of mediation or if mediation is not used, the city may amend its comprehensive plan based on comments received or negotiations and shall submit the plan to the county.

Subd. 4. [COUNTY APPROVAL.] If a city plans for growth beyond its current boundaries, the city's proposed comprehensive municipal plan and proposed urban growth boundary must be reviewed and approved by the county before the plan is incorporated into the county's plan.

Subd. 5. [PLAN ADOPTION.] The city shall adopt and implement the comprehensive municipal plan after the environmental quality board has reviewed and commented on the county's plan that incorporates the city's plan.

Sec. 13. Minnesota Statutes 1996, section 462.355, subdivision 1a, is amended to read:

Subd. 1a. [PLAN UPDATE BY METROPOLITAN MUNICIPALITIES.] Each municipality in the metropolitan area, as defined in section 473.121, subdivision 2, shall review and update its comprehensive plan and fiscal devices and official controls as provided in section 473.864, subdivision 2. The comprehensive municipal plan for each statutory or home rule charter city outside the metropolitan area, and official controls to implement the plan, must be reviewed and updated periodically, but at least every ten years.


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Sec. 14. 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 governing body may not adopt or implement official controls that are inconsistent with or conflict with the adopted comprehensive municipal plan. If a comprehensive municipal plan is in conflict with an official control, the official control must be brought into conformance with the plan by the governing body. 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. 15. [APPROPRIATION.]

$....... is appropriated from the general fund to the environmental quality board for the purposes of making grants to local governmental units outside the metropolitan area for planning required by this act."

Delete the title and insert:

"A bill for an act relating to land use planning; providing for mandatory comprehensive planning in certain areas; appropriating money; amending Minnesota Statutes 1996, sections 394.22, by adding subdivisions; 394.23; 394.24, subdivision 1; 394.32, by adding a subdivision; 462.352, subdivisions 5, 6, and by adding subdivisions; 462.355, subdivision 1a; and 462.357, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 116C; and 462."

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

The report was adopted.

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

H. F. No. 244, A bill for an act relating to the environment; modifying requirements relating to individual sewage treatment systems; giving the commissioner of the pollution control agency certain interim authority; amending Minnesota Statutes 1996, section 115.55, subdivisions 2, 3, 5, and 6.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 115.55, subdivision 2, is amended to read:

Subd. 2. [LOCAL ORDINANCES.] (a) All counties and cities that did not adopt ordinances by May 7, 1994, or that do not have ordinances, must adopt ordinances that comply with individual sewage treatment system rules by January 1, 1999. County ordinances must apply to all areas of the county other than areas within home rule charter or statutory cities. Any ordinance adopted by a local unit of government before May 7, 1994, to regulate individual sewage treatment systems must be in compliance with the individual sewage treatment system rules by January 1, 1998.

(b) A copy of each ordinance adopted under this subdivision must be submitted to the commissioner upon adoption.

(c) A local unit of government must make available to the public upon request a written list of any differences between its ordinances and rules adopted under this section.


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Sec. 2. Minnesota Statutes 1996, section 115.55, subdivision 3, is amended to read:

Subd. 3. [RULES.] (a) The agency shall adopt rules containing minimum standards and criteria for the design, location, installation, use, and maintenance of individual sewage treatment systems. The rules must include:

(1) how the agency will ensure compliance under subdivision 2;

(2) how local units of government shall enforce ordinances under subdivision 2, including requirements for permits and inspection programs;

(3) how the advisory committee will participate in review and implementation of the rules;

(4) provisions for alternative systems;

(5) provisions for handling and disposal of effluent;

(6) provisions for system abandonment;

(7) provisions allowing local units of government to adopt alternative standards and criteria, provided that:

(i) the alternative standards and criteria may not apply to new construction or replacement of systems, as defined by the agency; and

(ii) the commissioner must certify that the alternative standards and criteria adequately protect public health and the environment; and relating to the development of local ordinances under subdivision 7;

(8) procedures for inspectors to use in determining whether a system sufficiently protects groundwater, using vertical soil separation and other criteria, such as soil, groundwater flow, vegetation, and landscape;

(9) procedures for the commissioner to approve new individual sewage treatment system technologies which may include approving warranties on an individual basis for use as warrantied systems if the manufacturer or designer of the technology provides to the commissioner:

(i) circumstances under which the technology will be used as a warrantied system including use, installation instructions, and performance expectations;

(ii) evidence of the manufacturer's financial ability, or adequate financial assurance, to cover potential replacements and upgrades necessitated by the system failing to meet the performance expectations in item (i); and

(10) procedures for variances, including the consideration of variances based on cost and variances that take into account proximity of a system to other systems.

(b) The agency shall consult with the advisory committee before adopting rules under this subdivision.

Sec. 3. Minnesota Statutes 1996, section 115.55, subdivision 5, is amended to read:

Subd. 5. [INSPECTION.] (a) Except as provided in subdivision 5b, paragraph (e) (b), a local unit of government may not issue a building permit or variance for the addition of a bedroom on property served by a system unless the system is in compliance with the applicable requirements, as evidenced by a certificate of compliance issued by a licensed an inspector or site evaluator or designer. A local unit of government may temporarily waive the certificate of compliance requirement for a building permit or variance for which application is made during the period from November 1 to April 30, provided that an inspection of the system is performed by the following June 1 and the applicant submits a certificate of compliance by the following September 30. This paragraph does not apply if the local unit of government does not have an ordinance requiring a building permit to add a bedroom.


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(b) A compliance inspection under this subdivision is may be required for all new construction or replacement of a system, as defined by agency rule. The frequency and means of compliance inspection may be determined by the applicable local ordinance.

Subd. 5a. [INSPECTION CRITERIA.] (a) An inspection required by subdivision 5 must evaluate the criteria and specify the consequent actions in paragraphs (b) to (e).

(b) If the inspector finds one or more of the following conditions:

(1) sewage discharge to surface water;

(2) sewage discharge to ground surface;

(3) sewage backup;

(4) a cesspool or leaching pit; or

(5) any other situation with the potential to immediately and adversely affect or threaten public health or safety, then the system constitutes an imminent threat to public health or safety and, if not repaired, must be upgraded, replaced, or its use discontinued within ten months of receipt of the notice described in subdivision 5b, or within a shorter period of time if required by local ordinance. Any existing system that does not have any of the conditions in this paragraph need not be upgraded, repaired, replaced, or its use discontinued.

(c) If the local unit of government with jurisdiction over the system has adopted an ordinance containing local standards, the soil classification must be noted and the components listed in subdivision 7 must comply with the ordinance. If the system does not comply with the ordinance, it must be upgraded, replaced, or its use discontinued according to the ordinance.

(d) If a seepage pit, drywell, or leaching pit exists and the local unit of government with jurisdiction over the system has not adopted local standards to the contrary, the system is failing and must be upgraded, replaced, or its use discontinued within the time required by subdivision 3 or local ordinance.

(e) If the system fails to provide sufficient groundwater protection, then the inspector may order that the system be upgraded, replaced, or its use discontinued within the time required by subdivision 3 or the local ordinance.

(f) The authority to find a threat to public health under section 145A.04, subdivision 8, is in addition to the authority to make a finding under paragraph (b).

(c) Subd. 5b. [COMPLIANCE NOTICE.] (a) If a system inspected under this subdivision 5 is not in compliance with the applicable requirements required to be upgraded, replaced, or its use discontinued under subdivision 5a, the inspector or site evaluator or designer must issue a notice of noncompliance to the property owner and must provide a copy of the notice to the local unit of government to which application for the building permit or variance was made with jurisdiction. The notice of noncompliance must specify why the system must be upgraded, replaced, or its use discontinued. If an upgrade is required, the notice must specify the time period required by law, rule, or local ordinance. A local unit of government must specify the upgrade time period in its ordinance.

(d) If the inspector or site evaluator or designer finds that the system presents an imminent threat to public health or safety, the inspector or site evaluator or designer must include a statement to this effect in the notice and the property owner must upgrade, replace, or discontinue use of the system within ten months of receipt of the notice.

(e) (b) Except as provided in subdivision 5a, paragraph (d) (b), if a system installed between May 27, 1989, and January 23, 1996, does not comply with applicable requirements, the property owner has five years from the date of the bedroom building permit to bring the system into compliance.


Journal of the House - 21st Day - Top of Page 511

Sec. 4. Minnesota Statutes 1996, section 115.55, subdivision 6, is amended to read:

Subd. 6. [DISCLOSURE OF INDIVIDUAL SEWAGE TREATMENT SYSTEM TO BUYER.] After August 31, 1994, (a) Before signing an agreement to sell or transfer real property, the seller or transferor must disclose in writing to the buyer or transferee information about the status and location of individual on how sewage treatment systems on the property or serving the property generated at the property is managed. The disclosure must be made by delivering to the buyer If an abandoned individual sewage treatment system exists on the property, the disclosure must include a map showing its location and that either:

(1) a statement by the seller that there is no individual sewage treatment system on or serving the property or a disclosure statement describing the system and indicating the sewage goes to a facility permitted by the agency; or

(2) the sewage does not go to a permitted facility, is therefore subject to applicable requirements, and describes the system in use, including the legal description of the property, the county in which the property is located, and a map drawn from available information showing the location of the system on the property to the extent practicable. In the disclosure statement the seller must indicate whether the individual sewage treatment system is in use and, to the seller's knowledge, in compliance with applicable sewage treatment laws and rules. Unless the buyer and seller agree to the contrary in writing before the closing of the sale, a seller who fails to disclose the existence or known status of an individual sewage treatment system at the time of sale, and who knew or had reason to know of the existence or known status of the system,.

(b) A seller or transferor who fails to meet the requirements of this section is liable to the buyer for costs relating to bringing the system into compliance with the individual sewage treatment system rules and for reasonable attorney fees for collection of costs from the seller. An action under this subdivision must be commenced within two years after the date on which the buyer closed the purchase or transfer of the real property where the system is located.

Sec. 5. Minnesota Statutes 1996, section 115.55, subdivision 7, is amended to read:

Subd. 7. [LOCAL ORDINANCE MAY BE MORE RESTRICTIVE STANDARDS.] (a) Local units of government may adopt local standards and criteria for defining an acceptable existing system that may include soil classification, vegetation, system use, localized well placement and construction, localized density of systems and wells, extent of area to be covered by local standards, groundwater flow patterns, and existing natural or artificial drainage systems. The local standards and criteria shall be submitted to the commissioner for comment prior to adoption to demonstrate that, based on local circumstances in that jurisdiction, they adequately protect public health and the environment.

(b) Local units of government, after a demonstration of need to the commissioner, may adopt local standards by ordinance for new construction or replacement in areas of sustained and projected low population density where conditions render conformance to applicable requirements difficult or otherwise inappropriate. These local standards must protect human health and the environment and be based on considerations including: soil classification, vegetation, system use, localized well placement and construction, localized density of systems and wells, extent of area to be covered by local standards, groundwater flow patterns, and existing natural or artificial drainage systems. The local standards must provide cost-effective and long-term treatment alternatives. The draft ordinance incorporating the local standards must be submitted to the local water planning advisory committee, created under section 103B.321, subdivision 3, and then submitted with justification to the commissioner 30 days before adoption for review and comment.

(c) A local unit of government may adopt and enforce ordinances or rules affecting individual sewage treatment systems that are more restrictive than the agency's rules.

(b) If standards are adopted that are more restrictive than the agency's rules, the local unit of government must submit the more restrictive standards to the commissioner along with an explanation of the more restrictive provisions.

Sec. 6. [INTERIM AUTHORITY.]

(a) Until the effective date of the new rules adopted under Minnesota Statutes, section 115.55, or December 31, 1999, whichever is earlier, the commissioner has the temporary authority to:

(1) allow local standards for the design, location, installation, use, and maintenance of individual sewage treatment systems submitted by local units of government, provided that the local standards are submitted in compliance with the procedures described in section 5 of this act;


Journal of the House - 21st Day - Top of Page 512

(2) approve procedures for inspectors to use in determining whether a system sufficiently protects groundwater as specified in section 2 of this act; and

(3) approve new individual sewage treatment system technologies for use as warrantied systems, provided that the manufacturer of the technology provides the commissioner with the documentation and financial assistance specified in section 2 of this act.

(b) After the commissioner's temporary authority expires, the commissioner's review of local standards and approval of inspection procedures and new technologies must be pursuant to rules adopted by the agency.

Sec. 7. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to the environment; modifying requirements relating to individual sewage treatment systems; giving the commissioner of the pollution control agency certain interim authority; amending Minnesota Statutes 1996, section 115.55, subdivisions 2, 3, 5, 6, and 7."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

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

H. F. No. 259, A bill for an act relating to health; authorizing the creation of community and statewide immunization registries; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 144.3351, is amended to read:

144.3351 [IMMUNIZATION DATA.]

Providers as defined in section 144.335, subdivision 1, population-based immunization registries as defined in section 144.3402, subdivision 13, group purchasers as defined in section 62J.03, subdivision 6, elementary or secondary schools or child care facilities as defined in section 123.70, subdivision 9, public or private post-secondary educational institutions as defined in section 135A.14, subdivision 1, paragraph (b), a board of health as defined in section 145A.02, subdivision 2, community action agencies as defined in section 268.53, subdivision 1, and the commissioner of health may exchange immunization data with one another, without the patient's consent, if the person requesting access provides services on behalf of the patient. For purposes of this section immunization data includes:

(1) patient's name, address, date of birth, gender, parent or guardian's name; and

(2) date vaccine was received, vaccine type, lot number, and manufacturer of all immunizations received by the patient, and whether there is a contraindication or an adverse reaction indication.

This section applies to all immunization data, regardless of when the immunization occurred.


Journal of the House - 21st Day - Top of Page 513

Sec. 2. [144.3401] [CONSTRUCTION.]

Sections 144.3401 to 144.3409 shall be liberally construed to:

(1) enable the development of population-based immunization registries, which shall include:

(i) community-based registries operated by boards of health to exchange shared immunization data to support age-appropriate immunizations; and

(ii) a statewide registry operated by the commissioner to maintain immunization data of enrollees, link community-based registries, conduct public health research, and perform statewide assessment to prevent and control vaccine-preventable diseases;

(2) authorize the commissioner to certify community-based registries which meet specific criteria;

(3) require health care provider reporting of shared immunization data to certified community-based registries; and

(4) establish data privacy requirements for the collection, maintenance, access to, and sharing of immunization data maintained by population-based registries.

Sec. 3. [144.3402] [DEFINITIONS.]

Subdivision 1. [APPLICATION.] The definitions in this section apply to sections 144.3401 to 144.3409.

Subd. 2. [ACCESS.] "Access" means allowing people with an authorized need for immunization-related information on a specific individual to enter or review immunization data.

Subd. 3. [BOARD OF HEALTH.] "Board of health" means an administrative authority established under sections 145A.03 and 145A.04.

Subd. 4. [CERTIFICATION.] "Certification" means approval by the commissioner after determining that a community-based registry has fulfilled the requirements of sections 144.3404, 144.3406, and 144.3407.

Subd. 5. [COMMISSIONER.] "Commissioner" means the commissioner of health.

Subd. 6. [COMMUNITY-BASED REGISTRY.] "Community-based registry" means a population-based immunization registry established by a board of health or its agent in conjunction with providers and group purchasers in a particular geographic area to exchange shared immunization data to support age-appropriate immunizations.

Subd. 7. [CONFIDENTIALITY.] "Confidentiality" refers to the duty of health care providers, boards of health, and the department to not disclose information about individuals to others except as authorized.

Subd. 8. [DEPARTMENT.] "Department" means the department of health.

Subd. 9. [ENROLLEE.] "Enrollee" means a person, or the parent or legal guardian of a minor person, enrolled in a population-based immunization registry.

Subd. 10. [ENROLLMENT.] "Enrollment" means the recording of shared immunization data for a new person in a population-based immunization registry.

Subd. 11. [GROUP PURCHASER.] "Group purchaser" has the meaning given in section 62J.03, subdivision 6, and includes a health plan.

Subd. 12. [IMMUNIZATION ASSESSMENT.] "Immunization assessment" means the periodic analysis of immunization data to measure the proportion of a population that has received age-appropriate immunizations as defined by the commissioner in the schedule of recommended childhood and adult immunizations.


Journal of the House - 21st Day - Top of Page 514

Subd. 13. [POPULATION-BASED IMMUNIZATION REGISTRY.] "Population-based immunization registry" means the central collection of shared immunization data for all persons of a defined age, starting with birth registration. Population-based immunization registries include both community-based and statewide registries.

Subd. 14. [IMMUNIZATION REMINDER AND RECALL.] "Immunization reminder and recall" means a system associated with a population-based immunization registry designed to notify enrollees or providers of upcoming or past due immunizations in order to support enrollees or providers in achieving age-appropriate immunizations.

Subd. 15. [PRIVACY.] "Privacy" refers to the interest of an individual to control the dissemination and use of information that relates to the individual.

Subd. 16. [PROVIDER.] "Provider" has the meaning given in section 144.335, subdivision 1.

Subd. 17. [SCHOOL.] "School" has the meaning given in sections 123.70, subdivision 9, and 135A.14, subdivision 1.

Subd. 18. [SECURITY.] "Security" refers to the procedures to protect data from accidental or intentional disclosure to an unauthorized person and to protect data from loss or unauthorized alterations.

Subd. 19. [SHARED IMMUNIZATION DATA.] "Shared immunization data" refers to the standardized immunization data that is shared between those authorized to do so according to sections 144.3351 and 144.3407 and that contains the following information:

(1) local registry number or other registry identification;

(2) Minnesota immunization number;

(3) first name;

(4) middle name;

(5) last name;

(6) birth date;

(7) gender;

(8) apartment or box number;

(9) street address;

(10) city;

(11) state;

(12) zip code;

(13) contraindication indicator;

(14) legal mother's first name;

(15) legal mother's middle name;

(16) legal mother's last name;

(17) immunization date;


Journal of the House - 21st Day - Top of Page 515

(18) vaccine type;

(19) vaccine manufacturer;

(20) lot number;

(21) name of medical clinic providing immunization; and

(22) immunization adverse reaction indicator.

Subd. 20. [STATEWIDE REGISTRY.] "Statewide registry" means a population-based immunization registry operated by the commissioner to maintain immunization data of enrollees, link community-based registries, conduct public health research, and perform statewide assessment to prevent and control vaccine-preventable diseases.

Subd. 21. [VACCINE.] "Vaccine" means those biologics that are used to provide immunity against diseases included in the schedule of recommended immunizations issued by the commissioner, which include, but are not limited to, diphtheria, tetanus, pertussis, polio, measles, mumps, rubella, hemophilus influenza type b, hepatitis B, hepatitis A, varicella, influenza, and pneumococcal pneumonia.

Sec. 4. [144.3403] [DUTIES OF THE COMMISSIONER.]

Subdivision 1. [RECOMMENDATIONS TO THE LEGISLATURE.] The commissioner shall prepare recommendations for the 1998 legislature that include, but are not limited to, the following:

(1) criteria for allowing authorized access, including telecommunications access, to shared immunization data consistent with section 144.3407;

(2) procedures by which an individual may claim an exemption to the exchange of their shared immunization data between authorized users for reminder and recall purposes, or for other purposes; and

(3) criteria, including data security and quality assurance procedures, by which the commissioner certifies community-based registries pursuant to subdivision 3.

Subd. 2. [IMMUNIZATION REGISTRY ADVISORY TASK FORCE.] The commissioner shall establish an immunization registry advisory task force to advise on the development of recommendations as specified in subdivision 1. The advisory task force shall be appointed by the commissioner and be composed of, but not limited to, representatives from boards of health, providers, group purchasers, schools, and consumers. The task force shall include persons with expertise in immunizations. The advisory task force is governed by section 15.014, and expires no later than June 30, 2002.

Subd. 3. [CERTIFICATION.] The commissioner may certify a community-based registry when the board of health operating the registry submits an application and the commissioner has evaluated and approved the operation of the registry for compliance with sections 144.3404, 144.3406, and 144.3407.

Subd. 4. [STATEWIDE REGISTRY.] Subject to the availability of funds, the commissioner may establish a statewide registry that links community-based registries across the state. The statewide registry shall, at a minimum, establish procedures for collecting and exchanging shared immunization data, assuring its reliability, and providing for data protection according to chapter 13 and section 144.3407.

Sec. 5. [144.3404] [COMMUNITY-BASED REGISTRIES.]

Subdivision 1. [REQUIREMENTS.] Subject to the availability of funds, boards of health, singly or jointly, or an assigned agent of a board of health, may develop and maintain community-based registries. Registries shall operate according to this section, and sections 144.3406 and 144.3407. Registries shall, at a minimum, establish the following:

(1) policies and operational procedures for collecting and exchanging shared immunization data, assuring its reliability, and providing for data privacy, security, and confidentiality according to chapter 13 and section 144.3407;


Journal of the House - 21st Day - Top of Page 516

(2) agreements with participating providers that allow a provider or a group purchaser to submit shared immunization data to and obtain shared immunization data from the community-based registry; and

(3) a local advisory group to advise on the establishment and operation of the community-based registry, and to review and approve the procedures, policies, and agreements developed for the registry.

Subd. 2. [CERTIFICATION NOT REQUIRED.] A community-based registry may operate without certification, provided that the board of health notifies the commissioner in writing of its intent to establish a community-based registry.

Subd. 3. [REPORTING TO STATEWIDE REGISTRY.] Upon the establishment of a statewide registry under section 144.3403, subdivision 4, a community-based registry shall report shared immunization data maintained by the community-based registry to the statewide registry.

Sec. 6. [144.3405] [REPORTING TO COMMUNITY-BASED REGISTRIES.]

After the commissioner has certified a community-based registry as specified in section 144.3403, subdivision 3, all providers who administer immunizations in the geographic area served by the community-based registry shall report shared immunization data to the community-based registry.

Sec. 7. [144.3406] [ENROLLMENT.]

Subdivision 1. [BIRTH REGISTRATION; ENROLLMENT.] Birth registration data collected under section 144.215 shall be used to enroll all newborn Minnesota residents in immunization registries, but shall be limited to the shared immunization data as defined in section 144.3402, subdivision 19, to the extent that birth registration data is known. Individuals moving into a geographic area served by a population-based registry shall be enrolled in the registry by a provider, board of health, school, or group purchaser.

Subd. 2. [NOTIFICATION.] Within 30 calendar days of an enrollee being enrolled in a population-based registry, the community-based registry shall ensure that the enrollee is notified of the enrollment. Notification of enrollment shall include the purposes of immunization registries, how the information collected will be used, the benefits to the enrollee and to providers of the immunization registries, precautions that are taken to prevent unauthorized uses of the immunization data, under what conditions third parties may obtain access to personally identifiable information, and the procedures by which a person may elect to request that specific information not be shared from a population-based registry.

Subd. 3. [CONSENT.] Nothing in this section requires the consent of an enrollee prior to enrollment in a population-based registry.

Sec. 8. [144.3407] [ACCESS TO SHARED IMMUNIZATION DATA.]

Subdivision 1. [DATA CLASSIFICATION; SHARED IMMUNIZATION DATA.] (a) Shared immunization data created, collected, or maintained by population-based registries are classified as health data pursuant to section 13.38. Shared immunization data from which an enrollee or provider can be identified are private data. Immunization data not on enrollees are nonpublic data. Shared immunization data may be released pursuant to this section and sections 13.38 and 144.3351. Shared immunization data created, collected, or maintained by population-based registries shall retain the classification designated and shall not be disclosed pursuant to section 13.03, subdivisions 6 to 8; 13.10, subdivisions 1 to 4; or 138.17.

(b) An individual authorized to receive data from the population-based registry shall maintain the privacy of the data as specified in chapter 13 and as otherwise specified in law.

Subd. 2. [DATA CLASSIFICATION; ASSESSMENT DATA.] Notwithstanding section 13.03 or any other law to the contrary, the immunization assessment data created, collected, and maintained by population-based registries from which individual enrollees or providers can be identified are private data on individuals. Immunization assessment data not on individuals are nonpublic data. Immunization assessment data generated by population-based registries is nonpublic data and may be published only in summary form and in a manner that does not identify individuals, individual providers or clinics, or group purchasers.


Journal of the House - 21st Day - Top of Page 517

Subd. 3. [USE OF DATA.] (a) Data created, collected, and maintained by a population-based registry may only be used:

(1) to assess a person's immunization status for the purpose of determining needed vaccines;

(2) for reminder and recall;

(3) to notify a person of a vaccine-preventable disease outbreak to which that person may be susceptible;

(4) for individual immunization reports for school admission, child care enrollment, or other enrollment purposes that require an immunization history; or

(5) in summary form as provided under paragraph (b).

(b) Data collected for shared immunization data may be used in the aggregate to assess immunization levels, provided that no identifiable information is used. The birth date, which is necessary to establish a person's age, and the county or zip code of residence, which is necessary to determine the immunization levels of geographic areas, may be used in the aggregate to assess immunization levels in an entire population. Data created, collected, and maintained by a population-based registry shall not be used for proprietary or commercial use.

Subd. 4. [ACCESS TO DATA.] Access to the shared immunization data created, collected, and maintained by a population-based registry shall be the same as defined under section 144.3351.

Sec. 9. [144.3408] [LIABILITY.]

Subdivision 1. [GOOD FAITH IMMUNITY.] A provider, board of health, school, group purchaser, or individual submitting immunization data to a population-based immunization registry shall be immune from civil or criminal liability that otherwise might result from their actions, if they are acting in good faith that the immunization data they are submitting is reliable and accurate.

Subd. 2. [VIOLATIONS.] A person or entity who violates any data privacy provisions of sections 144.3401 to 144.3409 shall be subject to sections 13.08 and 13.09.

Sec. 10. [144.3409] [PARENTAL RESPONSIBILITY; EXEMPTIONS.]

Subdivision 1. [PARENTAL RESPONSIBILITY.] Nothing in sections 144.3401 to 144.3409 is intended to mitigate the responsibility of a parent or guardian to have a child immunized as specified in section 123.70.

Subd. 2. [EXEMPTIONS.] Nothing in sections 144.3401 to 144.3409 is intended to require immunization of a person who is exempt from immunization requirements based on medical, religious, or other reasons as specified in section 123.70.

Sec. 11. [EFFECTIVE DATE.]

Sections 1 to 10 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to health; authorizing the creation of community and statewide immunization registries; providing criminal penalties; amending Minnesota Statutes 1996, section 144.3351; proposing coding for new law in Minnesota Statutes, chapter 144."

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

The report was adopted.


Journal of the House - 21st Day - Top of Page 518

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

H. F. No. 281, A bill for an act relating to utilities; providing for performance regulation plans for gas utility services; amending Minnesota Statutes 1996, section 216B.16, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 216B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 216B.16, is amended by adding a subdivision to read:

Subd. 16. [PERFORMANCE REGULATION PLAN TARIFFS.] A public utility providing natural gas services that has a performance regulation plan approved pursuant to section 216B.1675 shall file tariff provisions incorporating the provisions of that plan. Changes in the cost recovery of natural gas supplies must not be included within the plan.

Sec. 2. [216B.1675] [PERFORMANCE REGULATION PLAN FOR GAS UTILITY SERVICES.]

Subdivision 1. [PURPOSE.] Performance-based regulation plans for public utilities offering natural gas services are authorized in order to provide quality service at rates that can reasonably and reliably be expected to be lower than rates would be under current regulation and to reduce the cost of regulation. Performance-based regulation plans are intended to provide the utility with increased earnings for efficient performance and decreased earnings for inefficient performance.

Subd. 2. [PETITION.] A public utility that furnishes natural gas service may petition and file with the commission for its approval a performance regulation plan pursuant to this section. The plan applies to the utility's rates for providing natural gas distribution service, excluding the portion of the rates recovering the cost of natural gas supplies. If adopted, the plan must apply to all of the utility's customers, except that nothing in this section requires the utility to adjust the rates collected from customers receiving service under tariffs authorized by sections 216B.16, subdivision 15, and 216B.163. A petition may be filed:

(1) as part of a general rate filing pursuant to section 216B.16, in which case the time provided for the commission to suspend rates and make a final determination shall be extended by two months; or

(2) as a miscellaneous tariff filing pursuant to section 216B.16, in which case the commission shall, within 120 days of the date of the filing, determine whether the utility's current rates are reasonable based on financial information for the most recent calendar year, amended to reflect appropriate regulatory adjustments. If the commission cannot resolve all material issues concerning the reasonableness of the utility's current rates to its satisfaction, it shall dismiss the filing. If the filing is not dismissed, the commission shall issue its decision on the plan within ten months from the date of the filing. The rates at the beginning of the plan shall be the same as the rates on file with the commission prior to the filing.

Subd. 3. [PLAN CONTENTS.] The commission may approve a performance regulation plan for natural gas distribution services upon finding that the plan:

(1) contains a benchmark or measure of gas distribution costs that is a reasonable and reliable predictor of the utility's rates for gas distribution service under cost-of-service regulation;

(2) ensures that rates for gas distribution services to customers under the plan will be materially lower than the rates would be under cost-of-service regulation as predicted by the benchmark in clause (1);

(3) links the utility's earnings to its performance by permitting higher utility earnings than under cost-of-service regulation only when the utility's performance is more efficient than the benchmark;

(4) can be reasonably and reliably expected to offer lower administrative costs than would otherwise be experienced under cost-of-service regulation;


Journal of the House - 21st Day - Top of Page 519

(5) contains a reasonable limit on utility earnings;

(6) is compatible with the development of increased competition in the natural gas industry;

(7) has adequate provisions to prevent the degradation of service quality; and

(8) provides for gathering of relevant data and evaluation of the plan's effect on rates, service quality, utility earnings, competition in providing natural gas, and regulatory costs.

Subd. 4. [RATE CHANGES DURING A PLAN.] The initial rate adjustment under the plan may not be implemented for a minimum of 18 months following the final determination by the commission on the plan. The plan shall provide a methodology and procedures for changing rates thereafter not more frequently than on an annual basis. The commission may allow the utility to change rates to reflect material changes in cost due to compliance with government mandates provided that the cost is one that the commission would otherwise allow to be recovered in rates. Increases or decreases in revenues under the plan shall be applied on an equal percentage basis to each customer class, excluding the portion of the rate recovering the cost of natural gas supplies. Miscellaneous rate changes may be approved outside the operation of the plan.

Subd. 5. [ACCEPTANCE OF PETITION FOR FULL REVIEW.] Interested parties have, unless the commission otherwise orders, 45 days from the date a petition containing a proposed plan is filed to submit comments on whether the plan, as proposed, addresses each of the requirements of this section sufficiently to merit further consideration. If the commission does not dismiss the petition proposing a plan as insufficient within 120 days from the date of the filing, the petition shall be deemed accepted for filing. A petition accepted for filing shall not be presumed accepted for final adoption.

Subd. 6. [PLAN ADMINISTRATION.] A plan must require the filing of information needed to administer the plan.

Subd. 7. [NOTICE TO CUSTOMERS.] The petitioning utility must provide notice of the proposed plan to its customers and to the governing body of each municipality and county in the area affected, along with a summary description of the plan provisions and a notice of the dates, times, and locations of any public meetings scheduled by the commission.

Subd. 8. [PLAN REVIEW; HEARING; DISCOVERY.] In reviewing a proposed plan, the commission shall:

(1) conduct public meetings that it considers appropriate; and

(2) grant discovery, as appropriate.

Subd. 9. [COMMISSION FINDINGS.] The commission shall issue findings concerning the appropriateness of the proposed plan. The commission may approve, reject, or modify the plan in a manner which meets the requirements of this section. An approved or modified plan becomes effective unless the plan is withdrawn by the utility within 30 days of a final appealable order. If the utility withdraws an approved or modified plan, all of the administrative costs related to the plan that are charged by the commission or the department of public service to the utility may not be recovered from ratepayers in current or subsequent rates. A utility that withdraws an approved or modified plan may not file another plan under this section for a period of one year following the withdrawal of the plan.

Subd. 10. [PLAN TERM; RENEWAL.] The plan shall specify its term, which shall not be less than three years. Not less than six months before the completion of the term of an approved plan, the commission shall, at the request of the utility, commence a review of the plan to determine whether to renew the plan for an additional term. The commission may approve, reject, or modify the renewal plan in a manner that meets the requirements of this section. A plan approved or modified under this subdivision becomes effective unless the plan is withdrawn by the utility within 30 days of a final appealable order.

Subd. 11. [PLAN TERMINATION.] On its own motion or upon the petition of any party other than the utility, the commission may initiate an investigation to determine whether to terminate the plan. The commission shall issue findings on the investigation within 120 days. If the commission finds that the plan has failed to meet the requirements of this section and is inconsistent with the public interest, it shall terminate the plan and may order the utility to initiate any proceedings necessary to correct the failure of the plan, including but not limited to, filing a general rate proceeding under section 216B.16. The utility must be allowed at least 120 days after the date of the commission's order to initiate the general rate proceeding.


Journal of the House - 21st Day - Top of Page 520

Subd. 12. [PLAN EVALUATION.] A plan must include an evaluation process and mechanism that is reasonable and capable of supporting a full review of the utility's performance under the plan. The commission shall evaluate the various customer and utility impacts of a plan based on this evaluation process and mechanism, including the impact on customer bills and service quality, over time, the impact on utility revenues, and the effectiveness of the plan in meeting the purposes of this section. The evaluation must occur within a reasonable time following the end of the plan.

Subd. 13. [GENERAL EVALUATION.] The commission shall evaluate the effectiveness of all plans approved under this section and submit its findings to the legislature by January 1, 2005.

Sec. 3. [EFFECTIVE DATE; EXPIRATION.]

Sections 1 and 2 are effective on August 1, 1997, and expire January 1, 2006."

Delete the title and insert:

"A bill for an act relating to utilities; providing performance regulation plans for gas utility services; amending Minnesota Statutes 1996, section 216B.16, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 216B."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 483, A bill for an act relating to towns; authorizing the charging and collection of certain service charges; proposing coding for new law in Minnesota Statutes, chapter 366.

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

The report was adopted.

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

H. F. No. 507, A bill for an act relating to partition fences; making the state and counties responsible for a share of costs of certain fences; amending Minnesota Statutes 1996, section 344.03, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 344.03, subdivision 1, is amended to read:

Subdivision 1. [ADJOINING OWNERS.] If all or a part of adjoining Minnesota land is improved and used, and one or both of the owners of the land desires the land to be partly or totally fenced, the land owners or occupants shall build and maintain a partition fence between their lands in equal shares. The requirement in this section and the procedures in this chapter apply to the department of natural resources state when it owns land, including county administered state-owned land, adjoining privately owned land subject to this section and chapter and the landowner desires the land permanently fenced for the purpose of restraining livestock. This section does not apply to land acquired by the department of transportation under section 161.20, subdivision 2, for highway right-of-way purposes, except land acquired for wetland banking or mineral extraction."


Journal of the House - 21st Day - Top of Page 521

Amend the title as follows:

Page 1, line 2, delete "and"

Page 1, line 3, delete "counties"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 555, A bill for an act relating to health; providing for the isolation and detention of persons with active tuberculosis who pose an endangerment to the public health; establishing standards and procedures for isolation and detention; requiring reporting by licensed health professionals; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 144.445, subdivision 1, is amended to read:

Subdivision 1. [SCREENING OF INMATES.] All persons detained or confined for seven 14 consecutive days or more in facilities operated, licensed, or inspected by the department of corrections shall be screened for tuberculosis with either a Mantoux test or a chest roentgenogram (X-ray) as consistent with screening and follow-up practices recommended by the United States Public Health Service or the department of health, as determined by the commissioner of health. Administration of the Mantoux test or chest roentgenogram (X-ray) must take place on or before the seventh 14th day of detention or confinement.

Sec. 2. Minnesota Statutes 1996, section 144.445, subdivision 3, is amended to read:

Subd. 3. [EXCEPTIONS.] Subdivisions 1 and 2 do not apply to:

(1) a person who is detained or confined in a juvenile temporary holdover facility, provided that the person has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) be performed to rule out active tuberculosis;

(2) a person who is detained or confined in a facility operated, licensed, or inspected by the department of corrections where the facility holds a written record of a negative Mantoux test performed on the person (i) within three months prior to intake into the facility; or (ii) within 12 months prior to intake into the facility if the person has remained under the continuing jurisdiction of a correctional facility since the negative Mantoux test, provided that the person has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) be performed to rule out active tuberculosis;

(3) a person who is detained or confined in a facility operated, licensed, or inspected by the department of corrections where the facility has a written record of (i) a history of adequately treated active tuberculosis; (ii) compliance with currently prescribed tuberculosis therapy or preventive therapy; or (iii) completion of a course of preventive therapy, provided the person has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) to rule out active tuberculosis;


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(4) a person who is detained or confined in a facility operated, licensed, or inspected by the department of corrections where the facility holds a written record of a negative chest roentgenogram (X-ray) (i) within six months; or (ii) within 12 months prior to intake in the facility if the person has remained under the continuing jurisdiction of a correctional facility since the negative chest roentgenogram (X-ray), provided that the person has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a new chest roentgenogram (X-ray) to rule out active tuberculosis;

(5) an employee with a record of either a past positive Mantoux test reaction or active tuberculosis who is currently completing or has a documented history of completing a course of tuberculosis therapy or preventive therapy, provided the employee has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) be performed to rule out active tuberculosis;

(6) an employee with either a record of a past positive Mantoux test reaction or a positive or significant Mantoux test reaction in preemployment screening who does not complete a course of preventive therapy may be exempt from annual Mantoux testing or other screening. This determination shall be made by the commissioner of health based on currently accepted public health standards and the person's health status if the employee has a documented negative chest roentgenogram (X-ray) performed at any time since the initial positive Mantoux test, provided the employee has no symptoms suggestive of tuberculosis, evidence of a new exposure to active tuberculosis, or other health condition that may require a chest roentgenogram (X-ray) be performed to rule out active tuberculosis; and

(7) the commissioner may exempt additional employees or persons detained or confined in facilities operated, licensed, or inspected by the department of corrections based on currently accepted public health standards or the person's health status.

Sec. 3. [144.4801] [TITLE.]

Sections 144.4801 to 144.4815 may be cited as the "tuberculosis health threat act."

Sec. 4. [144.4802] [INTERPRETATION OF STATUTE.]

Sections 144.4801 to 144.4815 must be interpreted liberally to effectuate the purpose of the tuberculosis health threat act, which is to:

(1) enable the commissioner to take all necessary measures to prevent and control the spread of tuberculosis, a potentially fatal, costly, and largely preventable disease; and

(2) reduce the time and public resources expended in a full trial by requiring prompt communication between the parties in order to facilitate settlement.

Sec. 5. [144.4803] [AUTHORITY.]

Subdivision 1. [AUTHORITY TO COMMIT.] Under the powers and duties assigned to the commissioner in this chapter and chapter 145, the commissioner may proceed under sections 144.4801 to 144.4815 whenever the commissioner has probable cause to believe that a person who has active tuberculosis or is clinically suspected of having active tuberculosis is an endangerment to the public health.

Subd. 2. [PREEMPTION.] Sections 144.4801 to 144.4815 preempt and supersede sections 144.4171 to 144.4186, 144.443, and 144.444 with regard to a tuberculosis health threat. Nothing in sections 144.4801 to 144.4815 restricts the commissioner's authority to seek injunctive relief pursuant to section 145.075, or any other relief under other statutes or at common law.

Sec. 6. [144.4804] [DEFINITIONS.]

Subdivision 1. [ACTIVE TUBERCULOSIS.] "Active tuberculosis" includes infectious and noninfectious tuberculosis and means:

(1) a condition evidenced by a positive culture for mycobacterium tuberculosis taken from a pulmonary or laryngeal source;


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(2) a condition evidenced by a positive culture for mycobacterium tuberculosis taken from an extrapulmonary source when there is clinical evidence such as a positive skin test for tuberculosis infection, coughing, sputum production, fever, or other symptoms compatible with pulmonary tuberculosis; or

(3) a condition in which clinical specimens are not available for culture, but there is radiographic evidence of tuberculosis such as an abnormal chest x-ray, and clinical evidence such as a positive skin test for tuberculosis infection, coughing, sputum production, fever, or other symptoms compatible with pulmonary tuberculosis, that lead a physician to reasonably diagnose active tuberculosis according to currently accepted standards of medical practice and to initiate treatment for tuberculosis.

Subd. 2. [BOARD OF HEALTH.] "Board of health" means an administrative authority established under section 145A.03.

Subd. 3. [CARRIER.] "Carrier" means a person who has active tuberculosis or is clinically suspected of having active tuberculosis.

Subd. 4. [CLINICALLY SUSPECTED OF HAVING ACTIVE TUBERCULOSIS.] "Clinically suspected of having active tuberculosis" means presenting a reasonable possibility of having active tuberculosis based upon epidemiologic, clinical, or radiographic evidence, laboratory test results, or other reliable evidence as determined by a physician using currently accepted standards of medical practice.

Subd. 5. [COMMISSIONER.] "Commissioner" means the commissioner of health.

Subd. 6. [CONTAGION PRECAUTIONS FOR TUBERCULOSIS.] "Contagion precautions for tuberculosis" means those measures under currently accepted standards of medical practice that prevent a carrier from exposing others to tuberculosis.

Subd. 7. [CURRENTLY ACCEPTED STANDARDS OF MEDICAL PRACTICE.] "Currently accepted standards of medical practice" means:

(1) for diagnosis of tuberculosis, those standards contained in "Diagnostic Standards and Classification of Tuberculosis 1990," American Review of Respiratory Disease, volume 142, number 3, pages 725 to 735 (September 1990), published by the American Lung Association; the standards are incorporated by reference;

(2) for treatment of tuberculosis, those standards contained in "Treatment of Tuberculosis and Tuberculosis Infection in Adults and Children," American Journal of Respiratory and Critical Care Medicine, volume 149, pages 1359 to 1374 (1994), published by the American Thoracic Society; the standards are incorporated by reference; or

(3) for contagion precautions for tuberculosis, those standards contained in "Guidelines for Preventing Transmission of Mycobacterium Tuberculosis in Health Care Facilities," Morbidity and Mortality Weekly Report, number RR-13 (October 28, 1994), published by the United States Centers for Disease Control and Prevention; the standards are incorporated by reference.

Subd. 8. [DEPARTMENT.] "Department" means the department of health.

Subd. 9. [DIRECTLY OBSERVED THERAPY.] "Directly observed therapy" means a method for ensuring compliance with medication directions in which a licensed health professional or designee observes a person ingesting prescribed medications or administers the prescribed medication to the person.

Subd. 10. [DISEASE PREVENTION OFFICER.] "Disease prevention officer" means a designated agent of the commissioner, or a designated agent of a board of health that has express delegated authority from the commissioner to proceed under sections 144.4801 to 144.4815.

Subd. 11. [ENDANGERMENT TO THE PUBLIC HEALTH.] "Endangerment to the public health" means a carrier who may transmit tuberculosis to another person or persons because the carrier has engaged or is engaging in any of the following conduct:

(1) refuses or fails to submit to a diagnostic tuberculosis examination that is ordered by a physician and is reasonable according to currently accepted standards of medical practice;


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(2) refuses or fails to initiate or complete treatment for tuberculosis that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(3) refuses or fails to keep appointments for treatment of tuberculosis;

(4) refuses or fails to provide the commissioner, upon request, with evidence showing the completion of a course of treatment for tuberculosis that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(5) refuses or fails to initiate or complete a course of directly observed therapy that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(6) misses at least 20 percent of scheduled appointments for directly observed therapy, or misses at least two consecutive appointments for directly observed therapy;

(7) refuses or fails to follow contagion precautions for tuberculosis after being instructed on the precautions by a licensed health professional or by the commissioner;

(8) based on evidence of the carrier's past or present behavior, may not complete a course of treatment for tuberculosis that is reasonable according to currently accepted standards of medical practice; or

(9) may expose other persons to tuberculosis based on epidemiological, medical, or other reliable evidence.

Subd. 12. [EPIDEMIOLOGICAL DATA OR EPIDEMIOLOGICAL EVIDENCE.] "Epidemiological data" or "epidemiological evidence" means data or evidence relating to the occurrence, distribution, clinical characteristics, and control of disease within a group of people or within a specified population.

Subd. 13. [HEALTH ORDER.] "Health order" means an order issued by the commissioner or a board of health with express delegated authority from the commissioner.

Subd. 14. [INFECTIOUS TUBERCULOSIS.] "Infectious tuberculosis" means the stage of tuberculosis where mycobacterial organisms are capable of being expelled into the air by a person, as determined by laboratory, epidemiological, or clinical findings.

Subd. 15. [ISOLATION.] "Isolation" means placing a carrier who has infectious tuberculosis in:

(1) a hospital or other treatment facility;

(2) the carrier's residence or current location; or

(3) any other place approved by the commissioner, provided that the place of isolation prevents or limits the transmission of the infectious tuberculosis agent to others during the period of infectiousness.

Subd. 16. [LICENSED HEALTH PROFESSIONAL.] "Licensed health professional" means a person licensed by one of the health-related licensing boards listed in section 214.01, subdivision 2.

Subd. 17. [PEACE OFFICER.] "Peace officer" means an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the board of peace officer standards and training, is charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state, and has the full power of arrest. "Peace officer" includes an officer of the Minnesota state patrol.

Subd. 18. [PHYSICIAN.] "Physician" means a person who is licensed by the board of medical practice under chapter 147 to practice medicine.

Subd. 19. [RESPONDENT.] "Respondent" means a person or group of persons to whom the commissioner has issued a health order, excluding the carrier.


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Subd. 20. [TREATMENT FACILITY.] "Treatment facility" means a hospital or other treatment provider that is qualified to provide care, treatment, and appropriate contagion precautions for tuberculosis.

Sec. 7. [144.4805] [REPORTING RELATING TO TUBERCULOSIS.]

Subdivision 1. [MANDATORY REPORTING.] A licensed health professional must report to the commissioner or a disease prevention officer within 24 hours of obtaining knowledge of a reportable person as specified in subdivision 3, unless the licensed health professional is aware that the facts causing the person to be a reportable person have previously been reported. Within 72 hours of making a report, excluding Saturdays, Sundays, and legal holidays, the licensed health professional shall submit to the commissioner or to the disease prevention officer a certified copy of the medical records relating to the carrier's tuberculosis and status as an endangerment to the public health of a reportable person under subdivision 3, clauses (3), (4), and (5). A reporting facility may designate an infection control practitioner to make reports and to send certified medical records relating to the carrier's tuberculosis and status as an endangerment to the public health under this subdivision.

Subd. 2. [VOLUNTARY REPORTING.] A person other than a licensed health professional may report to the commissioner or a disease prevention officer if the person has knowledge of a reportable person as specified in subdivision 3, or has probable cause to believe that a person should be reported under subdivision 3.

Subd. 3. [REPORTABLE PERSONS.] A licensed health professional must report to the commissioner or a disease prevention officer if the licensed health professional has knowledge of:

(1) a person who has been diagnosed with active tuberculosis;

(2) a person who is clinically suspected of having active tuberculosis;

(3) a person who refuses or fails to submit to a diagnostic tuberculosis examination when the person is clinically suspected of having tuberculosis;

(4) a carrier who has refused or failed to initiate or complete treatment for tuberculosis, including refusal or failure to take medication for tuberculosis or keep appointments for directly observed therapy or other treatment of tuberculosis; or

(5) a person who refuses or fails to follow contagion precautions for tuberculosis after being instructed on the precautions by a licensed health professional or by the commissioner.

Subd. 4. [REPORTING INFORMATION.] The report by a licensed health professional under subdivision 1 or by a person under subdivision 2 must contain the following information, to the extent known:

(1) the reportable person's name, birth date, address or last known location, and telephone number;

(2) the date and specific circumstances that cause the person to be a reportable person;

(3) the reporting person's name, title, address, and telephone number; and

(4) any other information relevant to the reportable person's case of tuberculosis.

Subd. 5. [IMMUNITY FOR REPORTING.] A licensed health professional who is required to report under subdivision 1 or a person who voluntarily reports in good faith under subdivision 2 is immune from liability in a civil, administrative, disciplinary, or criminal action for reporting under this section.

Subd. 6. [FALSIFIED REPORTS.] A person who knowingly or recklessly makes a false report under this section is liable in a civil suit for actual damages suffered by the person or persons reported and for punitive damages.

Subd. 7. [WAIVER OF PRIVILEGE.] A person who is the subject of a report under subdivision 1 is deemed to have waived any privilege created in section 595.02, subdivision 1, paragraphs (d), (e), (g), (i), (j), and (k), with respect to any information provided under this section.


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Sec. 8. [144.4806] [ISSUANCE OF HEALTH ORDER; RIGHTS OF CARRIER AND RESPONDENT.]

Subdivision 1. [AUTHORITY.] Only the commissioner, or a board of health with express delegated authority from the commissioner, may issue a health order under this section.

Subd. 2. [GROUNDS FOR HEALTH ORDER.] Whenever the commissioner has probable cause to believe that a carrier is an endangerment to the public health, the commissioner may issue a health order that the commissioner deems necessary to protect the public health. The commissioner may petition the court for enforcement of the health order. In a court proceeding for enforcement of the health order, the commissioner shall demonstrate the particularized circumstances constituting the necessity for the health order. The health order may be issued to any person, including to a carrier, physician, licensed health professional, or treatment facility. The health order may be in the form of a subpoena by the commissioner for certified medical records relating to the carrier's tuberculosis and status as an endangerment to the public health.

Subd. 3. [CONTENTS OF HEALTH ORDER.] A health order must include:

(1) a citation to this section as the legal authority under which the order is issued;

(2) a summary of evidence upon which the person is alleged to be a carrier;

(3) a description of the alleged conduct of the carrier that makes the carrier an endangerment to the public health;

(4) a description of less restrictive alternatives that the commissioner considered and rejected, together with the reasons for the rejection, or a description of less restrictive alternatives that the commissioner used and that were unsuccessful;

(5) the preventive measure ordered; and

(6) a notice advising the carrier or respondent that:

(i) a hearing will be held if the carrier or respondent petitions the court for a hearing, or if the commissioner determines that the carrier has not complied with the health order;

(ii) the carrier or respondent has the right to appear at the hearing;

(iii) the carrier or respondent has the right to present and cross-examine witnesses at the hearing;

(iv) the carrier has the right to court-appointed counsel in a proceeding under sections 144.4801 to 144.4815; and

(v) the carrier or respondent has the right to the assistance of an interpreter in a proceeding under sections 144.4801 to 144.4815.

Subd. 4. [RIGHT TO COUNSEL.] (a) The carrier or respondent has the right to counsel in any proceeding under sections 144.4801 to 144.4815. The court shall promptly appoint counsel for a carrier if the carrier does not have counsel:

(1) at the time the court issues an order under section 144.4808, subdivision 7, authorizing the continued detention of the carrier;

(2) at the time the court issues an order under section 144.4809, subdivision 2, authorizing the carrier to be apprehended and held; or

(3) in all other cases, at the time either party files a notice for a preliminary hearing under section 144.4810, subdivision 2.

The court shall appoint counsel for the carrier from the probate panel. The cost of court-appointed counsel shall be paid by the court.


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(b) Upon being notified of the name and address of counsel for the carrier, the commissioner shall promptly forward to the carrier and the carrier's counsel the following:

(1) a copy of the health order;

(2) a certified copy of relevant portions of the carrier's medical records; and

(3) the name and address of the licensed health professional, including the carrier's attending physician or nurse, or the public health physician or nurse whom the commissioner intends to have testify at the preliminary hearing, and a summary of the witness' testimony, including a copy of the witness' affidavit, if any.

Subd. 5. [DUTY TO COMMUNICATE.] The commissioner's counsel and the carrier's counsel shall make every effort to communicate prior to any hearing and to stipulate as to undisputed facts, witnesses, and exhibits.

Subd. 6. [RIGHT TO INTERPRETER.] The carrier or respondent has the right to the assistance of an interpreter in a proceeding under sections 144.4801 to 144.4815.

Subd. 7. [SERVICE OF ORDER.] A health order may be served by a disease prevention officer or peace officer.

Sec. 9. [144.4807] [PREVENTIVE MEASURES UNDER HEALTH ORDER.]

A health order may include, but need not be limited to, an order:

(1) requiring the carrier's attending physician or treatment facility to isolate and detain the carrier for treatment or for a diagnostic examination for tuberculosis, pursuant to section 144.4808, subdivision 1, if the carrier is an endangerment to the public health and is in a treatment facility;

(2) requiring a carrier who is an endangerment to the public health to submit to diagnostic examination for tuberculosis and to remain in the treatment facility until the commissioner receives the results of the examination;

(3) requiring a carrier who is an endangerment to the public health to remain in or present at a treatment facility until the carrier has completed a course of treatment for tuberculosis that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(4) requiring a carrier who is an endangerment to the public health to complete a course of treatment for tuberculosis that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice and, if necessary, to follow contagion precautions for tuberculosis;

(5) requiring a carrier who is an endangerment to the public health to follow a course of directly observed therapy that is prescribed by a physician and is reasonable according to currently accepted standards of medical practice;

(6) excluding a carrier who is an endangerment to the public health from the carrier's place of work or school, or from other premises if the commissioner determines that exclusion is necessary because contagion precautions for tuberculosis cannot be maintained in a manner adequate to protect others from being exposed to tuberculosis;

(7) requiring a licensed health professional or treatment facility to provide to the commissioner certified copies of all medical and epidemiological data relevant to the carrier's tuberculosis and status as an endangerment to the public health;

(8) requiring the diagnostic examination for tuberculosis of other persons in the carrier's household, workplace, or school, or other persons in close contact with the carrier if the commissioner has probable cause to believe that the persons may have active tuberculosis or may have been exposed to tuberculosis based on epidemiological, medical, or other reliable evidence; or

(9) requiring a carrier or other persons to follow contagion precautions for tuberculosis.


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Sec. 10. [144.4808] [NOTICE OF OBLIGATION TO ISOLATE OR EXAMINE.]

Subdivision 1. [OBLIGATION TO ISOLATE.] If the carrier is in a treatment facility, the commissioner or a carrier's attending physician, after obtaining approval from the commissioner, may issue a notice of obligation to isolate to a treatment facility if the commissioner or attending physician has probable cause to believe that a carrier is an endangerment to the public health.

Subd. 2. [OBLIGATION TO EXAMINE.] If the carrier is clinically suspected of having active tuberculosis, the commissioner may issue a notice of obligation to examine to the carrier's attending physician to conduct a diagnostic examination for tuberculosis on the carrier.

Subd. 3. [PRECAUTIONS TO AVOID EXPOSURE.] Upon receiving a notice of obligation to isolate or notice of obligation to examine, a treatment facility shall immediately take all reasonable precautions to prevent the carrier from exposing other persons to tuberculosis, including the use of guards or locks, if appropriate.

Subd. 4. [SERVICE OF HEALTH ORDER ON CARRIER.] When issuing a notice of obligation to isolate or examine to the carrier's physician or a treatment facility, the commissioner shall simultaneously serve a health order on the carrier ordering the carrier to remain in the treatment facility for treatment or examination.

Subd. 5. [DURATION OF DETENTION.] No carrier may be detained under subdivision 1 or 2 longer than 72 hours, excluding Saturdays, Sundays, and legal holidays, unless the court issues an order authorizing continued detention of the carrier pursuant to subdivision 7. A carrier may not be released prior to the expiration of the 72-hour hold without the express consent of the commissioner.

Subd. 6. [APPLICATION FOR EXTENSION OF 72-HOUR HOLD.] The commissioner may seek an order extending the hold under subdivision 5 by filing an ex parte application with the probate division of the district court of the county in which the carrier resides. The application may be filed orally by telephone or by facsimile, provided that a written application is filed within 72 hours, excluding Saturdays, Sundays, and legal holidays.

Subd. 7. [COURT ORDER EXTENDING 72-HOUR HOLD.] The court may extend the hold under subdivision 5 by up to six days, excluding Saturdays, Sundays, and legal holidays, if the court finds that there is probable cause to believe that the carrier is an endangerment to the public health. The court may find probable cause to detain, examine, and isolate the carrier based upon a written statement, including one delivered by facsimile, or upon an oral statement by telephone from the carrier's attending physician or nurse, a public health physician or nurse, licensed health professional, or disease prevention officer, stating the grounds and facts that demonstrate that the carrier is an endangerment to the public health, provided that an affidavit from such witness is filed with the court within 72 hours, excluding Saturdays, Sundays, and legal holidays. The order may be issued orally by telephone, or by facsimile, provided that a written order is issued within 72 hours, excluding Saturdays, Sundays, and legal holidays. The oral and written order shall contain a notice of the carrier's rights contained in section 144.4806, subdivision 3, clause (6). A carrier may not be released prior to the hold extended under this subdivision without the express consent of the commissioner.

Subd. 8. [APPOINTMENT OF COUNSEL.] If the carrier does not have counsel at the time the court issues an order to extend the hold under subdivision 7, the court shall promptly appoint counsel for the carrier from the probate panel.

Subd. 9. [IMMUNITY.] A disease prevention officer, peace officer, physician, licensed health professional, or treatment facility that acts in good faith under this section is immune from liability in any civil, administrative, disciplinary, or criminal action for acting under this section.

Sec. 11. [144.4809] [APPREHEND AND HOLD ORDER.]

Subdivision 1. [APPLICATION FOR APPREHEND AND HOLD ORDER.] The commissioner may make an ex parte application for an order to apprehend and hold a carrier who is not in a treatment facility if the commissioner has probable cause to believe that a carrier is:

(1) an endangerment to the public health; and

(2) either in imminent danger of exposing another person or persons to tuberculosis, or may flee or become unlocatable.


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The commissioner shall file the application in the probate division of the district court of the county in which the carrier resides. The application may be filed orally by telephone or by facsimile, provided that a written application is filed within 72 hours, excluding Saturdays, Sundays, and legal holidays.

Subd. 2. [COURT ORDER TO APPREHEND AND HOLD.] The court may find probable cause to apprehend and hold the carrier based upon a written statement, including one delivered by facsimile, or oral statement by telephone from the carrier's attending physician or nurse, a public health physician or nurse, licensed health professional, or disease prevention officer stating the grounds and facts that demonstrate that the carrier is an endangerment to the public health, provided that an affidavit from such witness is filed with the court within 72 hours, excluding Saturdays, Sundays, and legal holidays. The court may issue an order to a peace officer or to a disease prevention officer, or both to:

(1) apprehend and transport the carrier to a designated treatment facility, and detain the carrier until the carrier is admitted to the treatment facility; or

(2) apprehend and isolate the carrier.

The order may be issued orally by telephone, or by facsimile, provided that a written order is issued within 72 hours, excluding Saturdays, Sundays, and legal holidays. The oral and written order shall contain a notice of the carrier's rights contained in section 144.4806, subdivision 3, clause (6).

Subd. 3. [DURATION OF DETENTION.] A carrier may be detained under this subdivision up to six days, excluding Saturdays, Sundays, and legal holidays. A carrier may not be released prior to the expiration of the hold authorized under this section without the express consent of the commissioner.

Subd. 4. [APPREHENSION OF CARRIER.] If the carrier flees or forcibly resists the peace officer or disease prevention officer, the officer may use all necessary and lawful means to apprehend, hold, transport, or isolate the carrier. This subdivision is authority for the officer to carry out the duties specified in this section. The commissioner shall provide any information and equipment necessary to protect the officer from becoming exposed to tuberculosis.

Subd. 5. [APPOINTMENT OF COUNSEL.] If the carrier does not have counsel at the time the court issues an apprehend and hold order under subdivision 2, the court shall promptly appoint counsel for the carrier from the probate panel.

Subd. 6. [IMMUNITY.] A disease prevention officer, peace officer, physician, licensed health professional, or treatment facility that acts in good faith under this section is immune from liability in any civil, administrative, disciplinary, or criminal action for acting under this section.

Sec. 12. [144.4810] [PRELIMINARY HEARING.]

Subdivision 1. [GROUNDS FOR HEARING.] A party may petition the court for an order for enforcement of or relief from a health order or judicial order.

Subd. 2. [PETITION FOR PRELIMINARY HEARING.] The petitioning party shall serve on the commissioner and file in the probate division of the district court of the county in which the carrier or respondent resides a petition and notice of preliminary hearing. The court shall hold a preliminary hearing no later than 15 days from the date of the filing and service of the petition for a preliminary hearing, except as provided under subdivision 1. If a carrier detained under section 144.4808 or 144.4809 files a petition for a preliminary hearing, the hearing must be held no later than five days from the date of the filing and service of the petition, excluding Saturdays, Sundays, and legal holidays.

Subd. 3. [COMMISSIONER'S NOTICE OF HEARING.] If the commissioner petitions the court to enforce the health order, the notice of the preliminary hearing must contain the following information:

(1) the date, time, and place of the hearing;

(2) the right of the carrier to be represented by court-appointed counsel during any proceeding under sections 144.4801 to 144.4815;


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(3) the right of the carrier or respondent to the assistance of an interpreter in any proceeding under sections 144.4801 to 144.4815;

(4) the right of the carrier or respondent to appear at the hearing;

(5) the right of the carrier or respondent to present and cross-examine witnesses;

(6) a statement of any disputed facts, or a statement of the nature of any other disputed matter; and

(7) the name and address of any witness that the petitioning party intends to call to testify at the hearing, and a brief summary of the witness' testimony.

Subd. 4. [CARRIER'S OR RESPONDENT'S NOTICE OF HEARING.] If the carrier or respondent petitions the court for relief from the health order or court order, the notice of preliminary hearing must contain the information in subdivision 3, clauses (1), (6), and (7).

Subd. 5. [DUTY TO COMMUNICATE.] (a) At least five days before the date of the preliminary hearing, the nonpetitioning party shall respond to the petition for hearing by filing and serving on the petitioning party:

(1) a statement of any disputed facts, or a statement of the nature of any other disputed matter; and

(2) the name and address of any witness that the nonpetitioning party intends to call to testify at the hearing, and a brief summary of the witness' testimony.

If the carrier seeks release from an emergency hold ordered under section 144.4808, subdivision 7, or under section 144.4809, subdivision 2, the commissioner shall file and serve on the carrier's counsel the items in clauses (1) and (2) at least 48 hours prior to the preliminary hearing, excluding Saturdays, Sundays, and legal holidays.

(b) At the hearing, the parties shall identify the efforts they made to resolve the matter prior to the preliminary hearing.

Subd. 6. [HEARING ROOM IN TREATMENT FACILITY.] If the carrier is infectious, the treatment facility in which the carrier is sought to be detained or to which the carrier is sought to be removed shall make reasonable accommodations to provide a room where the hearing may be held that minimizes the risk of exposing persons attending the hearing to tuberculosis. If a room is not available at the treatment facility, the court may designate another location for the hearing.

Subd. 7. [STANDARD OF PROOF.] The commissioner must prove by a preponderance of the evidence that the carrier is an endangerment to the public health.

Subd. 8. [RULES OF EVIDENCE.] The court shall admit all reliable relevant evidence. Medical and epidemiological data must be admitted if it conforms with section 145.31, chapter 600, Minnesota Rules of Evidence, rule 803(6), or other statutes or rules that permit reliable evidence to be admitted in civil cases. The court may rely on medical and epidemiological data, including hearsay, if it finds that physicians and other licensed health professionals rely on the data in the regular course of providing health care and treatment.

Subd. 9. [SUFFICIENCY OF EVIDENCE.] It is a sufficient basis for the court to order continued confinement of the carrier or other preventive measures requested by the commissioner if reliable testimony is provided solely by the carrier's attending physician or nurse, a public health physician or nurse, licensed health professional, or disease prevention officer.

Subd. 10. [FAILURE TO APPEAR AT HEARING.] If the carrier or respondent fails to appear at the hearing without prior court approval, the hearing may proceed without the carrier or respondent and the court may make its determination on the basis of all reliable evidence submitted at the hearing.

Sec. 13. [144.4811] [FINAL HEARING.]

Subdivision 1. [GROUNDS FOR HEARING.] After the preliminary hearing, the commissioner, carrier, or respondent may petition the court for relief from or enforcement of the court order issued pursuant to the preliminary hearing. The commissioner may petition the court for additional preventive measures if the carrier or respondent has not complied with


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the court order issued pursuant to the preliminary hearing. The petitioning party shall serve and file a petition and notice of hearing with the probate division of the district court. The court shall hold the final hearing no later than 15 days from the date of the filing and service of the petition for a final hearing.

Subd. 2. [NOTICE OF HEARING.] The notice of the final hearing must contain the same information as for the preliminary hearing in section 144.4810, subdivision 3 or 4.

Subd. 3. [DUTY TO COMMUNICATE.] The parties have a duty to communicate and exchange information as provided in section 144.4810, subdivision 5.

Subd. 4. [HEARING ROOM IN TREATMENT FACILITY.] The hearing room for the final hearing is governed by section 144.4810, subdivision 6.

Subd. 5. [STANDARD OF PROOF.] The commissioner must prove by clear and convincing evidence that the carrier is an endangerment to the public health.

Subd. 6. [RULES OF EVIDENCE.] The rules of evidence are governed by section 144.4810, subdivision 8.

Subd. 7. [SUFFICIENCY OF EVIDENCE.] The sufficiency of evidence is governed by section 144.4810, subdivision 9.

Subd. 8. [FAILURE TO APPEAR AT HEARING.] The failure of the carrier or respondent to appear at the hearing is governed by section 144.4810, subdivision 10.

Subd. 9. [RIGHT OF APPEAL.] The commissioner, carrier, or respondent may appeal the decision of the district court. The court of appeals shall hear the appeal within 60 days after filing and service of the notice of appeal.

Subd. 10. [RIGHT OF COMMISSIONER TO ISSUE SUBSEQUENT ORDER.] Notwithstanding any ruling by the district court, the commissioner may issue a subsequent health order if the commissioner has probable cause to believe that a health order is necessary based on additional facts not known or present at the time of the district court hearing.

Sec. 14. [144.4812] [PERIODIC REVIEW AND RELEASE FROM DETENTION.]

Subdivision 1. [PERIODIC REVIEW.] If the carrier has been detained in a treatment facility or has been isolated pursuant to a court order, the commissioner shall submit a report to the court, the carrier, and the carrier's counsel within 90 days of the date of the court-ordered detention and every 90 days thereafter, until the carrier is released. The report must state the treatment the carrier receives, whether the carrier is cured or noninfectious, and whether the carrier will continue to be detained. If the carrier contests the commissioner's determination for continued detention, the carrier may request a hearing. The hearing on continued detention is governed by the provisions for a final hearing under section 144.4811, excluding subdivisions 1 and 5 of that section. The court shall order continued detention of the carrier if it finds that such detention is reasonable. This subdivision does not apply to consent orders or other confinement that has been voluntarily agreed upon by the parties.

Subd. 2. [CARRIER'S PETITION FOR RELEASE.] If the carrier is detained in a treatment facility or isolated pursuant to a court order, the carrier may make a good faith request for release from confinement prior to the 90-day review under subdivision 1 by filing a petition and notice of hearing with the court that ordered the confinement and by serving the petition and notice on the commissioner. The hearing on continued confinement is governed by the provisions for a final hearing under section 144.4811, excluding subdivisions 1 and 5 of that section. The court shall order continued detention of the carrier if it finds that such detention is reasonable.

Subd. 3. [RELEASE FROM DETENTION BASED ON ORDER TO COMPEL EXAMINATION.] A carrier who has been detained in a treatment facility under a court order to compel the carrier to submit to a diagnostic tuberculosis examination shall be released only after:

(1) the commissioner determines that the carrier does not have active tuberculosis; or

(2) the commissioner determines that the carrier is not an endangerment to the public health.


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Subd. 4. [RELEASE FROM DETENTION BASED ON ENDANGERMENT.] A carrier who is detained in a treatment facility or isolated under a court order because the carrier is an endangerment to the public health shall be released only after:

(1) the commissioner determines that the carrier is cured; or

(2) the commissioner determines that the carrier is no longer an endangerment to the public health.

Sec. 15. [144.4813] [COSTS OF CARE.]

The costs incurred by the treatment facility and other providers of services to diagnose or treat the carrier for tuberculosis must be borne by the carrier, the carrier's health plan, or public programs. During the period of insurance coverage, a health plan may direct the implementation of the care required by the health order and shall pay at the contracted rate of payment, which shall be considered payment in full. Inpatient hospital services required by the health order and covered by medical assistance or general assistance medical care are not billable to any other governmental entity. If the carrier cannot pay for treatment, and the carrier does not have public or private health insurance coverage, the carrier shall apply for financial assistance with the aid of the county. For persons not otherwise eligible for public assistance, the commissioner of human services shall determine what, if any, costs the carrier shall pay. The commissioner of human services shall make payments at the general assistance medical care rate, which will be considered payment in full.

Sec. 16. [144.4814] [DATA PRIVACY.]

Subdivision 1. [NONPUBLIC DATA.] Data on individuals contained in the health order are health data under section 13.38. Other data on individuals collected by the commissioner as part of an investigation of a carrier under sections 144.4801 to 144.4815 are investigative data under section 13.39.

Subd. 2. [PROTECTIVE ORDER.] After a judicial action is commenced, a party may seek a protective order to protect the disclosure of portions of the court record identifying individuals.

Subd. 3. [RECORDS RETENTION.] A records retention schedule for records developed under sections 144.4801 to 144.4814 must be established pursuant to section 138.17, subdivision 7.

Sec. 17. [144.4815] [RULEMAKING AUTHORITY.]

The commissioner may adopt rules that are necessary to implement sections 144.4801 to 144.4815."

Delete the title and insert:

"A bill for an act relating to health; providing for the isolation and detention of persons with active tuberculosis who pose an endangerment to the public health; establishing standards and procedures for isolation and detention; requiring reporting by licensed health professionals; modifying tuberculosis screening requirements; amending Minnesota Statutes 1996, section 144.445, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapter 144."

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

The report was adopted.

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

H. F. No. 556, A bill for an act relating to health; modifying provisions for unique identifiers for health care providers, group purchasers, and patients; modifying birth data provisions; limiting access to certified copies of birth and death certificates; requiring standardized format for birth and death certificates; extending date of commissioner's access to fetal, infant, and maternal death data; amending Minnesota Statutes 1996, sections 62J.54; 144.215, by adding subdivisions; 144.225, subdivision 2, and by adding subdivisions; and 145.90, subdivision 2.


Journal of the House - 21st Day - Top of Page 533

Reported the same back with the following amendments:

Page 1, after line 13, insert:

"Section 1. Minnesota Statutes 1996, section 62J.451, subdivision 6c, is amended to read:

Subd. 6c. [PROVIDER ORGANIZATION PERFORMANCE MEASUREMENT.] (a) As part of the performance measurement plan specified in subdivision 6, the health data institute shall develop a mechanism to assess the performance of hospitals and other provider organizations, and to disseminate this information to consumers, purchasers, policymakers, and other interested parties, consistent with the data policies specified in section 62J.452. Data to be collected may include structural characteristics including staff-mix and nurse-patient ratios. In selecting additional data for collection, the health data institute may consider:

(1) feasibility and statistical validity of the indicator;

(2) purchaser and public demand for the indicator;

(3) estimated expense of collecting and reporting the indicator; and

(4) usefulness of the indicator for internal improvement purposes.

(b) The health data institute may conduct consumer surveys that focus on health care provider organizations. Health care provider organizations may provide roster data, as defined in subdivision 2, including names, addresses, and telephone numbers of their patients, to the health data institute for purposes of conducting the surveys. Roster data provided by health care provider organizations under this paragraph are private data on individuals as defined in section 13.02, subdivision 12. Providing data under this paragraph does not constitute a release of health records for purposes of section 144.335, subdivision 3a."

Page 4, after line 12, insert:

"(8) pharmacists licensed under chapter 151;"

Page 4, line 13, strike "(8)" and insert "(9)"

Page 4, line 16, strike "(9)" and insert "(10)"

Page 4, line 19, delete "(10)" and insert "(11)"

Page 6, line 32, before the period, insert ", except as provided in paragraphs (e) and (f)"

Page 7, after line 9, insert:

"(e) Within the limits of appropriations, the commissioner shall develop an alternate numbering system for patients who do not have or refuse to provide their social security numbers, if:

(1) a unique health identifier for individuals is adopted or established under sections 1171 to 1179 of Public Law Number 104-191, 110 Statutes at Large 1936;

(2) the unique health identifier is the social security number of the patient;

(3) there is no federal alternate numbering system for patients who do not have or refuse to provide their social security numbers; and

(4) federal law or the federal Secretary of Health and Human Services explicitly allows a state to develop an alternate numbering system for patients who do not have or refuse to provide their social security numbers.


Journal of the House - 21st Day - Top of Page 534

(f) If an alternate numbering system is developed under paragraph (e), patients who use numbers issued by the alternate numbering system are not required to provide their social security numbers and group purchasers or providers may not demand the social security numbers of patients who provide numbers issued by the alternate numbering system. If an alternate numbering system is developed under paragraph (e), group purchasers and health care providers shall establish procedures to notify patients that they can elect not to have their social security number used as the unique patient identifier."

Page 7, line 10, strike "(e)" and insert "(g)"

Page 7, after line 16, insert:

"Sec. 3. Minnesota Statutes 1996, section 144.212, is amended by adding a subdivision to read:

Subd. 1a. [AMENDMENT.] "Amendment" means completion or correction of a vital record.

Sec. 4. Minnesota Statutes 1996, section 144.212, is amended by adding a subdivision to read:

Subd. 2a. [DELAYED REGISTRATION.] "Delayed registration" means registration of a certificate of birth or death filed one or more years after the date established by law for filing a certificate of birth or death.

Sec. 5. Minnesota Statutes 1996, section 144.212, is amended by adding a subdivision to read:

Subd. 4a. [INSTITUTION.] "Institution" means a public or private establishment that:

(1) provides inpatient or outpatient medical, surgical, or diagnostic care or treatment; or

(2) provides nursing, custodial, or domiciliary care, or to which persons are committed by law."

Page 8, lines 28 and 30, delete "1998" and insert "2000"

Page 10, line 25, delete "1998" and insert "2000"

Page 10, after line 30, insert:

"Sec. 12. Minnesota Statutes 1996, section 144.9504, subdivision 2, is amended to read:

Subd. 2. [LEAD INSPECTION.] (a) An inspecting agency shall conduct a lead inspection of a residence according to the venous blood lead level and time frame set forth in clauses (1) to (4) for purposes of secondary prevention:

(1) within 48 hours of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level equal to or greater than 70 micrograms of lead per deciliter of whole blood;

(2) within five working days of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level equal to or greater than 45 micrograms of lead per deciliter of whole blood;

(3) within ten working days of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level equal to or greater than 20 micrograms of lead per deciliter of whole blood; or

(4) within ten working days of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level that persists in the range of 15 to 19 micrograms of lead per deciliter of whole blood for 90 days after initial identification.

(b) Within the limits of available state and federal appropriations, an inspecting agency may also conduct a lead inspection for children with any elevated blood lead level.


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(c) In a building with two or more dwelling units, an inspecting agency shall inspect the individual unit in which the conditions of this section are met and shall also inspect all common areas. If a child visits one or more other sites such as another residence, or a residential or commercial child care facility, playground, or school, the inspecting agency shall also inspect the other sites. The inspecting agency shall have one additional day added to the time frame set forth in this subdivision to complete the lead inspection for each additional site.

(d) Within the limits of appropriations, the inspecting agency shall identify the known addresses for the previous 12 months of the child or pregnant female with elevated venous blood lead levels of at least 20 micrograms per deciliter for the child or at least ten micrograms per deciliter for the pregnant female; notify the property owners, landlords, and tenants at those addresses that an elevated blood lead level was found in a person who resided at the property; and give them a copy of the lead inspection guide. The inspecting agency shall provide the notice required by this subdivision without identifying the child or pregnant female with the elevated blood lead level. The inspecting agency is not required to obtain the consent of the child's parent or guardian or the consent of the pregnant female for purposes of this subdivision. This information shall be classified as private data on individuals as defined under section 13.02, subdivision 12.

(e) The inspecting agency shall conduct the lead inspection according to rules adopted by the commissioner under section 144.9508. An inspecting agency shall have lead inspections performed by lead inspectors licensed by the commissioner according to rules adopted under section 144.9508. If a property owner refuses to allow an inspection, the inspecting agency shall begin legal proceedings to gain entry to the property and the time frame for conducting a lead inspection set forth in this subdivision no longer applies. An inspector or inspecting agency may observe the performance of lead hazard reduction in progress and shall enforce the provisions of this section under section 144.9509. Deteriorated painted surfaces, bare soil, dust, and drinking water must be tested with appropriate analytical equipment to determine the lead content, except that deteriorated painted surfaces or bare soil need not be tested if the property owner agrees to engage in lead hazard reduction on those surfaces.

(f) A lead inspector shall notify the commissioner and the board of health of all violations of lead standards under section 144.9508, that are identified in a lead inspection conducted under this section.

(g) Each inspecting agency shall establish an administrative appeal procedure which allows a property owner to contest the nature and conditions of any lead order issued by the inspecting agency. Inspecting agencies must consider appeals that propose lower cost methods that make the residence lead safe.

(h) Sections 144.9501 to 144.9509 neither authorize nor prohibit an inspecting agency from charging a property owner for the cost of a lead inspection."

Page 12, line 7, before "Section" insert "Sections 7 and 8 are effective August 1, 1998. Section 10 is effective August 1, 2000." and delete "8" and insert "13"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "permitting health data institute access to certain data; defining terms for vital statistics; modifying lead inspection provisions;"

Page 1, line 10, after "sections" insert "62J.451, subdivision 6c;" and after the first semicolon, insert "144.212, by adding subdivisions;"

Page 1, line 12, before "and", insert "; and 144.9504, subdivision 2;"

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

The report was adopted.


Journal of the House - 21st Day - Top of Page 536

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

H. F. No. 564, A bill for an act relating to Becker county; authorizing an economic development authority.

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

The report was adopted.

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

H. F. No. 582, A bill for an act relating to the Minnesota humanities commission; allowing rentals to offset certain costs; amending Laws 1994, chapter 643, section 72, as amended.

Reported the same back with the following amendments:

Page 1, after line 23, insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment."

Amend the title as follows:

Page 1, line 2, delete "Minnesota humanities commission" and insert "city of St. Paul education center and teacher training institute"

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

The report was adopted.

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

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

Reported the same back with the following amendments:

Page 1, line 16, delete "three or more" and insert "an adjoining or affected" and delete "owners" and insert "owner"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 637, A bill for an act relating to the city of Minnetonka; authorizing expenditures for certain housing activities upon early decertification of a housing tax increment financing district; authorizing a housing development account.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development and International Trade.

The report was adopted.


Journal of the House - 21st Day - Top of Page 537

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

H. F. No. 658, A bill for an act relating to Washington county; permitting the appointment of the recorder and auditor/treasurer.

Reported the same back with the following amendments:

Page 1, line 24, delete "auditor," and insert "auditor/treasurer and" and delete ", and"

Page 2, line 1, delete "treasurer"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 667, A bill for an act relating to lawful gambling; eliminating the requirement for a separate tax refund and credit account; amending Minnesota Statutes 1996, section 349.19, subdivision 2a.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Section 1. Minnesota Statutes 1996, section 297E.04, subdivision 3, is amended to read:

Subd. 3. [PADDLETICKET CARD MASTER FLARES.] Each sealed grouping of 100 or fewer paddleticket cards must have its own individual master flare. The manufacturer of the paddleticket cards must affix to or imprint at the bottom of each master flare a bar code that provides:

(1) the name of the manufacturer;

(2) the first paddleticket card number in the group;

(3) the number of paddletickets attached to each paddleticket card in the group; and

(4) all other information required by the commissioner. This subdivision applies to paddleticket cards (i) sold by a manufacturer after June 30, 1995, for use or resale in Minnesota or (ii) shipped into or caused to be shipped into Minnesota by a manufacturer after June 30, 1995. Paddleticket cards that are subject to this subdivision may not have a registration stamp affixed to the master flare.

Sec. 2. Minnesota Statutes 1996, section 349.12, subdivision 26a, is amended to read:

Subd. 26a. [MASTER FLARE.] "Master flare" is the posted display, with registration stamp affixed or bar code imprinted or affixed, that is used in conjunction with sealed groupings of 100 or fewer sequentially numbered paddleticket cards.

Sec. 3. Minnesota Statutes 1996, section 349.163, subdivision 8, is amended to read:

Subd. 8. [PADDLETICKET CARD MASTER FLARES.] Each sealed grouping of 100 or fewer paddleticket cards must have its own individual master flare. The manufacturer must affix to or imprint at the bottom of the master flare a bar code that provides all information required by the commissioner of revenue under section 297E.04, subdivision 3.


Journal of the House - 21st Day - Top of Page 538

This subdivision applies to paddleticket cards sold by a manufacturer after June 30, 1995, for use or resale in Minnesota or shipped into or caused to be shipped into Minnesota by a manufacturer after June 30, 1995. Paddleticket cards which are subject to this subdivision shall not have a registration stamp affixed to the master flare."

Page 1, line 7, delete "Section 1." and insert "Sec. 4."

Page 2, after line 9, insert:

"Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 3 are effective for sales of paddleticket cards by a manufacturer after December 31, 1997."

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "regulating paddleticket cards;"

Page 1, line 4, delete "section" and insert "sections 297E.04, subdivision 3; 349.12, subdivision 26a; 349.163, subdivision 8; and"

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

The report was adopted.

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

H. F. No. 692, A bill for an act relating to the city of Andover; appropriating funds for cleanup of contaminated land.

Reported the same back with the following amendments:

Page 1, line 8, delete the comma

Page 1, delete lines 9 and 10

Page 1, line 11, delete "473.254"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

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

H. F. No. 745, A bill for an act relating to economic security; providing for the administration of certain employment and training services; proposing coding for new law in Minnesota Statutes, chapter 268.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Local Government and Metroplitan Affairs.

The report was adopted.


Journal of the House - 21st Day - Top of Page 539

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

H. F. No. 763, A bill for an act relating to historic places; designating Zion Lutheran Church and cemetery as a historic place; amending Minnesota Statutes 1996, section 138.664, by adding a subdivision.

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

The report was adopted.

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

H. F. No. 843, A bill for an act relating to housing; establishing an advisory task force on lead hazard reduction; appropriating money.

Reported the same back with the following amendments:

Page 2, line 16, delete "12" and insert "up to 15"

Page 2, line 23, after "Agency," insert "building inspectors, the paint and coatings industry,"

Page 3, line 4, delete "commissioner of commerce" and insert "Minnesota housing finance agency"

Page 3, line 9, delete "$......." and insert "$1,000,000"

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 872, A bill for an act relating to education; modifying the Pupil Fair Dismissal Act; amending Minnesota Statutes 1996, sections 127.26; 127.27, subdivisions 5, 6, 7, 8, 10, and by adding a subdivision; 127.281; 127.29; 127.30, subdivisions 1, 2, 3, and by adding a subdivision; 127.31, subdivisions 2, 7, 8, 13, 14, and 15; 127.311; 127.32; 127.33; 127.36; 127.37; and 127.38; repealing Minnesota Statutes 1996, section 127.31, subdivision 6.

Reported the same back with the following amendments:

Page 3, line 34, reinstate the stricken "dismiss" and delete "expel"

Page 3, line 36, delete "expulsion" and insert "dismissal"

Page 4, line 30, after "suspension" insert ", provide an explanation of the evidence the authorities have,"

Page 5, line 12, reinstate the stricken "Service by" and reinstate the stricken "mail is complete upon mailing."

Page 5, line 24, reinstate the stricken "certified"

Page 5, line 30, delete "before beginning" and insert "in an attempt to avoid"

Page 5, line 36, after "available" insert "and that a legal assistance resource list is available from the department of children, families, and learning"


Journal of the House - 21st Day - Top of Page 540

Page 7, line 4, delete "meeting" and insert "hearing"

Page 7, line 13, strike "may" and insert "shall"

Page 7, lines 19 to 21, delete the new language

Page 7, line 33, after "appeal" insert "the decision"

Page 7, line 36, after "commissioner" insert "and the parent or guardian"

Page 8, line 9, delete "agency" and insert "school district"

Page 8, line 10, after "procedure" insert "except as provided in section 127.311"

Page 8, line 29, delete "are" and insert "is"

Page 8, line 31, delete ". Schools must"

Page 8, line 32, delete everything before the period

Page 9, lines 27 and 28, delete the new language

Page 10, delete lines 5 and 6

Page 10, line 7, delete "(d)" and insert "(c)"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 890, A bill for an act relating to motor vehicles; new motor vehicle dealers; requiring persons to obtain a license to engage in certain business practices; amending Minnesota Statutes 1996, section 168.27, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 28, after "vehicle" insert ", unless the payment is in the form of a negotiable instrument made payable to a licensed new motor vehicle dealer" and delete "licensed" and insert "a"

Page 2, line 29, delete "institutions" and insert "institution"

Page 2, delete line 36

Page 3, delete lines 1 to 6 and insert:

"Sec. 2. Minnesota Statutes 1996, section 168.27, subdivision 19a, is amended to read:

Subd. 19a. [INJUNCTION.] The commissioner or a county attorney may institute a civil action in the name of the state in district court for an injunction prohibiting a violation of this section and for civil penalties in the amount of $1,000 for each violation of subdivision 2, 3, 4, 5a, 6, or 7. The court, upon proper proof that the defendant has engaged in a practice prohibited by this section, may enjoin the future commission of that practice and award civil penalties for violations of


Journal of the House - 21st Day - Top of Page 541

subdivision 2, 3, 4, 5a, 6, or 7. It is not a defense to an action that the state may have adequate remedies at law. Service of process must be as in any other civil suit, except that where a defendant in the action is a natural person or firm residing outside the state, or is a foreign corporation, service of process may also be made by personal service outside the state; in the manner provided by section 5.25; or as the court may direct. Process is valid if it satisfies the requirements of due process of law, whether or not the defendant is doing business in Minnesota regularly or habitually. Nothing in this subdivision limits the rights or remedies otherwise available to persons under common law or other statutes of this state.

Sec. 3. Minnesota Statutes 1996, section 168.27, subdivision 24, is amended to read:

Subd. 24. [BONDS.] All persons licensed hereunder shall keep in full force and effect a bond with a corporate surety to be approved by the registrar of motor vehicles in amounts as herein provided; in the case of boat trailer, snowmobile trailer, horse trailer or motorized bicycle dealers in the amount of $5,000; and as to all other persons in the amount of $25,000 $50,000. The bond shall be conditioned on the faithful performance by the licensee of the obligations imposed by the laws of this state, including the conduct required of a licensee by this section and other sections governing the sale or transfer of motor vehicles, and the payment of all taxes, license fees, and penalties. The bond shall be for the benefit of the state of Minnesota and any transferor, seller, or purchaser of a motor vehicle for any monetary loss caused by failure of the licensee to meet the obligations enumerated above. Proceedings on the forfeiture of the bonds shall be commenced in the district court of the county wherein the business of the licensed person was carried on, or if in more than one county, the county in which the offense occurred. This subdivision does not apply to a used vehicle parts dealer or a scrap metal processor."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "providing civil penalties for violations of licensing provisions; increasing the amount of the surety bond required;"

Page 1, line 5, delete "subdivision" and insert "subdivisions" and after "2" insert ", 19a, and 24"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

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, sections 319A.02, by adding a subdivision; 319A.04; and 319A.11, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 319A.02, is amended by adding a subdivision to read:

Subd. 2a. [PROFESSIONAL HEALTH SERVICE.] (a) Individuals who furnish professional services pursuant to a license or certificate issued by the state of Minnesota to practice medicine pursuant to sections 147.01 to 147.22, chiropractic pursuant to sections 148.01 to 148.106, registered nursing pursuant to sections 148.171 to 148.285, optometry pursuant to sections 148.52 to 148.62, psychology pursuant to sections 148.88 to 148.98, dentistry pursuant to sections 150A.01 to 150A.12, pharmacy pursuant to sections 151.01 to 151.40, or podiatric medicine pursuant to sections 153.01 to 153.26 are specifically authorized to practice any of these categories of services in combination if the individuals are organized under this chapter. This paragraph does not permit any individual to furnish a professional service for which the individual is not licensed.


Journal of the House - 21st Day - Top of Page 542

(b) This authorization applies regardless of any contrary provision of a licensing statute or rules adopted pursuant to that statute."

Amend the title as follows:

Page 1, line 5, delete "; 319A.04; and 319A.11,"

Page 1, line 6, delete "subdivision 1"

With the recommendation that when so amended the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 211, 281, 483, 507, 564, 582, 601, 658, 763, 872, 890 and 1075 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Kelso, Tomassoni, Leppik and Opatz introduced:

H. F. No. 1251, A bill for an act relating to the University of Minnesota; appropriating money to deliver science curriculum to students in grades kindergarten through 12.

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

Westrom, Stang, Kuisle, Rifenberg and Westfall introduced:

H. F. No. 1252, A bill for an act relating to human services; prohibiting drug or alcohol abusers from receiving cash assistance under general assistance and temporary assistance for families unless the person is following a treatment or aftercare plan; amending Minnesota Statutes 1996, section 256D.05, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 256J.

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

McElroy and Long introduced:

H. F. No. 1253, A bill for an act relating to the financing of government in this state; reducing the general education tax rate; modifying proposed property tax notices and property tax statements; providing homestead and agricultural credit aid for counties and school districts only; requiring levy increases to be levied against market value; changing the computation of local government aids for cities; providing county program reform aid; providing for statewide negotiation of teachers' salaries; providing a property tax rebate payable in 1998; appropriating money; amending Minnesota Statutes 1996, sections 124.2131, subdivision 1; 124A.03, subdivision 1g; 124A.23, subdivisions 1 and 2; 162.081, subdivision 4; 273.1398, subdivisions 1, 2, and 6; 275.065, subdivision 3; 275.07, subdivision 1a; 276.04, subdivision 2; 473.253, subdivision 1; 473.711, subdivision 2; 477A.011, subdivisions 27, 34, and by adding subdivisions; 477A.013, subdivisions 8 and 9; and 477A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 124; 179A; 275; and 477A; repealing Minnesota Statutes 1996, section 477A.011, subdivisions 35, 36, and 37.

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


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Winter, Leighton and Marko introduced:

H. F. No. 1254, A bill for an act relating to highways; designating the Don Rickers Memorial Highway; amending Minnesota Statutes 1996, section 161.14, by adding a subdivision.

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

Milbert, Long and Bakk introduced:

H. F. No. 1255, A bill for an act relating to local government; authorizing grants for reports on state mandates that increase costs of local government services and for a report on city fees; appropriating money.

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

Goodno and Rest introduced:

H. F. No. 1256, A bill for an act relating to taxation; sales and use; exempting sales to political subdivisions of the state; amending Minnesota Statutes 1996, sections 297A.25, subdivision 11; and 297A.47.

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

Winter, Mulder and Leighton introduced:

H. F. No. 1257, A bill for an act relating to local government; authorizing removal and reinterment of bodies in the city of Luverne.

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

Garcia, McElroy, Chaudhary, Seifert and Olson, E., introduced:

H. F. No. 1258, A bill for an act relating to property tax refunds; establishing a uniform income percentage threshold; eliminating maximum refund amounts; repealing the special property tax refund; amending Minnesota Statutes 1996, section 290A.04, subdivisions 2, 2a, 3, and 6; repealing Minnesota Statutes 1996, section 290A.04, subdivision 2h.

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

Entenza, Biernat, Sviggum, Weaver and Leighton introduced:

H. F. No. 1259, A bill for an act relating to education; restricting school start times; proposing coding for new law in Minnesota Statutes, chapter 126.

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

Clark, Skoglund, Dawkins, Biernat and Entenza introduced:

H. F. No. 1260, A bill for an act relating to juvenile court; providing for a petition for child in need of protection or services for certain children in certain licensed facilities; proposing coding for new law in Minnesota Statutes, chapter 257.

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


Journal of the House - 21st Day - Top of Page 544

Schumacher, Daggett, Hausman and Molnau introduced:

H. F. No. 1261, A bill for an act relating to motor carriers; deregulating motor carriers of passengers and providers of personal transportation service; providing for special transportation service; making technical changes; appropriating money; amending Minnesota Statutes 1996, sections 174.29, subdivision 1; 174.30, subdivisions 2a, 3, 4, 4a, 6, 7, 8, and by adding a subdivision; 221.011, subdivision 15, and by adding a subdivision; 221.021; 221.022; 221.025; 221.031, subdivisions 1, 3a, and 3b; 221.0314, subdivision 1; 221.091; 221.124; 221.131, subdivision 2; 221.141, subdivision 1; 221.172, subdivision 10; 221.185, subdivisions 1, 3, and by adding a subdivision; 221.291, subdivision 4; and 256B.04, subdivision 12; proposing coding for new law in Minnesota Statutes, chapter 221; repealing Minnesota Statutes 1996, sections 168.011, subdivision 36; 168.1281; 174.30, subdivision 1; 221.011, subdivisions 2b, 8, 9, 10, 12, 14, 20, 21, 24, 25, 28, 32, 34, 35, 36, 38, 39, 40, 41, 44, 45, and 46; 221.0313; 221.0315; 221.041; 221.051; 221.061; 221.071; 221.072; 221.081; 221.101; 221.111; 221.121; 221.122; 221.123; 221.131, subdivisions 1, 2a, 3, 4, and 5; 221.132; 221.141, subdivision 6; 221.151; 221.152; 221.153; 221.161; 221.165; 221.171; 221.172, subdivisions 3, 4, 5, 6, 7, 8, and 9; 221.185, subdivisions 2, 3a, 4, 5, 5a, and 9; 221.241; 221.281; 221.291, subdivision 5; 221.293; 221.296; 221.54; 221.55; and 221.85.

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

Olson, E., introduced:

H. F. No. 1262, A bill for an act relating to education; authorizing a fund transfer for independent school district No. 601, Fosston.

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

Rest, Schumacher, Skare, Abrams and Macklin introduced:

H. F. No. 1263, A bill for an act relating to county government; extending the sunset on county capital improvement bonds; amending Minnesota Statutes 1996, section 373.40, subdivision 7.

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

Pawlenty, Leighton, Mares, Kinkel and Swenson, D., introduced:

H. F. No. 1264, A bill for an act relating to education; modifying crime-related costs levy; amending Minnesota Statutes 1996, section 124.912, subdivision 6.

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

Swenson, H., introduced:

H. F. No. 1265, A bill for an act relating to tax increment financing; authorizing the city of Gaylord to extend the duration of and enlarge a tax increment financing district.

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

Ozment, Hausman, Lieder and Westrom introduced:

H. F. No. 1266, A bill for an act relating to traffic regulations; prohibiting passing a school bus on the right-hand side while the bus is displaying flashing amber prewarning signals; providing a criminal penalty; amending Minnesota Statutes 1996, section 169.444, subdivisions 2, 5, 6, 7, and by adding a subdivision.

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


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Osthoff, Kahn, Dawkins, Farrell and Stanek introduced:

H. F. No. 1267, A bill for an act relating to retirement; St. Paul fire department and police consolidation accounts; revising benefit floors for certain local relief association benefit plan service pension and survivor benefit recipients; amending Laws 1992, chapter 563, section 5, as amended.

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

Van Dellen introduced:

H. F. No. 1268, A bill for an act relating to marriage; clarifying that only persons of the opposite sex may legally marry; providing that same-sex marriages recognized in other states are not recognized in this state; amending Minnesota Statutes 1996, sections 517.01; 517.03; 517.08, subdivision 1a; and 517.20.

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

Evans and Koskinen introduced:

H. F. No. 1269, A bill for an act relating to health; establishing an exception to the moratorium on licensing and certification of nursing homes; amending Minnesota Statutes 1996, section 144A.071, subdivision 4a.

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

Kahn, Greiling, Mares, Jefferson and Dorn introduced:

H. F. No. 1270, A bill for an act relating to retirement; modifying pension provisions concerning the Minnesota state colleges and universities; changing reporting and remittance requirements for teachers retirement; modifying individual retirement account plan provisions; modifying higher education supplemental retirement plan provisions; amending Minnesota Statutes 1996, sections 136F.45, by adding subdivisions; 352.01, subdivision 2a; 354.52, subdivision 4; 354B.21, subdivision 3; 354B.25, subdivisions 2 and 3; 354C.11; and 354C.12, subdivision 1; repealing Laws 1995, chapter 262, article 1, sections 8, 9, 10, 11, and 12.

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

Juhnke, Kubly and Folliard introduced:

H. F. No. 1271, A bill for an act relating to cities; New London; appropriating money for a grant for the Little Theater project.

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

Kelso, Entenza, Seagren, Carlson and Mares introduced:

H. F. No. 1272, A bill for an act relating to education; allowing certification through the national board for professional teaching standards to satisfy licensure renewal requirements; establishing a grant program to promote professional teaching standards; appropriating money; amending Minnesota Statutes 1996, section 125.05, subdivision 2.

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


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Knoblach, Opatz, Kahn and Schumacher introduced:

H. F. No. 1273, A bill for an act relating to retirement; local police and paid fire relief associations; clarifying the treatment of certain legal expenses as authorized administrative expenses; amending Minnesota Statutes 1996, section 69.80.

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

Knoblach, Greiling, Vickerman and Erhardt introduced:

H. F. No. 1274, A bill for an act relating to gambling; raising the legal age for gambling to 21; requiring the governor to request tribal governments to raise the legal age for gambling at casinos to 21; amending Minnesota Statutes 1996, sections 240.25, subdivision 8; 349.2127, subdivision 8; and 349A.12, subdivisions 1, 2, and 5.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Ozment, Schumacher, Juhnke and Seifert introduced:

H. F. No. 1275, A bill for an act relating to taxation; providing that certain residential structures required to be provided to migrant workers are classified as agricultural buildings; amending Minnesota Statutes 1996, section 273.13, subdivision 23.

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

Trimble, Clark, Farrell and Rhodes introduced:

H. F. No. 1276, A bill for an act relating to housing; providing funding for the community rehabilitation fund and for the affordable rental investment fund programs; appropriating money.

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

Tomassoni, Farrell, Gunther, Seifert and Commers introduced:

H. F. No. 1277, A bill for an act relating to alcoholic beverages; importation; prohibiting delivery of alcoholic beverages manufactured outside the state to any location in Minnesota except a wholesaler's warehouse; requiring such alcoholic beverages to be carried by motor carriers or wholesalers; requiring products to be labeled in conformity with federal labeling regulations; prohibiting certain solicitations of orders for alcoholic beverages to be delivered to any location other than a wholesaler's warehouse; creating a cause of action; repealing authorization for certain wine shipments into the state; proposing coding for new law in Minnesota Statutes, chapter 340A; repealing Minnesota Statutes 1996, section 340A.417.

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

Clark, Mariani, Boudreau, Tomassoni and Anderson, I., introduced:

H. F. No. 1278, A bill for an act relating to financial institutions; providing for reasonable account fees; amending Minnesota Statutes 1996, sections 9.031, subdivision 13; 47.76; 48.512, subdivision 7; 50.17, subdivision 11; 51A.21, subdivision 28; 118A.02, subdivision 1; 427.01; and 427.02; proposing coding for new law in Minnesota Statutes, chapters 427; and 469.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.


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Johnson, R.; Greenfield; Jennings; Boudreau and Hilty introduced:

H. F. No. 1279, A bill for an act relating to human services; ensuring appropriate staffing for mentally ill persons in regional treatment centers; creating an advisory committee to establish staffing standards for regional treatment centers; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 253.

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

Tomassoni, Solberg, Reuter, McCollum and Chaudhary introduced:

H. F. No. 1280, A bill for an act relating to education; clarifying a certain instructional day for school district employees.

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

McCollum, Wejcman, Huntley and Clark introduced:

H. F. No. 1281, A resolution making a public apology to all persons with developmental disabilities who have been involuntarily committed to state institutions.

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

Bradley and Vickerman introduced:

H. F. No. 1282, A bill for an act relating to human services; establishing a demonstration project for grants to be used for children with autism to purchase behavioral therapy services.

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

McGuire, Rostberg, Chaudhary, Larsen and Stanek introduced:

H. F. No. 1283, A bill for an act relating to firefighters; authorizing certain background investigations; requiring disclosures of certain employment information; providing civil and criminal penalties; providing employers immunity for certain disclosures; amending Minnesota Statutes 1996, section 604A.31, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299F.

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

McGuire introduced:

H. F. No. 1284, A bill for an act relating to corrections; appropriating money to the commissioner of corrections for battered women community advocacy programs.

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

Westrom, Wenzel, Ozment and Weaver introduced:

H. F. No. 1285, A bill for an act relating to agriculture; rural economic development; providing a tax credit for investments in certain agricultural cooperatives; proposing coding for new law in Minnesota Statutes, chapter 290.

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


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Opatz and Dehler introduced:

H. F. No. 1286, A bill for an act relating to natural resources; appropriating money to acquire and restore a natural waterway adjacent to Big Fish lake.

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

Delmont; Jennings; Daggett; Anderson, B., and Olson, E., introduced:

H. F. No. 1287, A bill for an act relating to consumer protection; regulating interest payments on utility deposits; amending Minnesota Statutes 1996, section 325E.02.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Reuter, Farrell, Tomassoni and Leppik introduced:

H. F. No. 1288, A bill for an act relating to commerce; requiring licensing of motor vehicle brokers; permitting a new motor vehicle dealer to contract for the services of a motor vehicle broker and to pay a fee for those services; amending Minnesota Statutes 1996, section 168.27, subdivisions 1, 10, and by adding a subdivision.

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

Clark, Kinkel, Luther, Slawik and Boudreau introduced:

H. F. No. 1289, A bill for an act relating to libraries; authorizing a program to improve the skills of public library staff; appropriating money.

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

Tomassoni and Jaros introduced:

H. F. No. 1290, A bill for an act relating to counties; providing for expiration of the redemption period for nonpayment of taxes in certain cases; amending Minnesota Statutes 1996, section 281.23, subdivision 6, and by adding a subdivision.

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

Tomassoni and Jaros introduced:

H. F. No. 1291, A bill for an act relating to St. Louis county; adding court bailiffs to the unclassified service; amending Minnesota Statutes 1996, section 383C.035.

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

Dawkins, Long, Macklin and Olson, E., introduced:

H. F. No. 1292, A bill for an act relating to taxation; providing a comprehensive reform of state and local taxes and budgeting; providing penalties; requiring studies; appropriating money; amending Minnesota Statutes 1996, sections 124A.035, subdivision 4; 124A.22, subdivision 8b; 124A.23, subdivision 4; 124A.26, subdivision 3; 124A.292, subdivision 4; 124A.71, subdivision 4; 124A.72, subdivision 4; 272.02, subdivision 1; 273.11, subdivision 5; 273.121;


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273.13, subdivisions 21a, 22, 23, 24, 25, and 31; 273.1316, subdivision 1; 273.1393; 273.165, subdivision 2; 275.01; 275.02; 275.07, subdivision 1; 275.08, subdivisions 1, 1b, and by adding a subdivision; 276.04, subdivision 2; 289A.01; 289A.08, subdivisions 1, 6, and by adding a subdivision; 289A.18, subdivision 4, and by adding a subdivision; 289A.19, by adding a subdivision; 289A.20, subdivision 1; 289A.30, subdivision 1; 289A.31, by adding a subdivision; 290.01, subdivisions 19a, 19b, and 19d; 290.06, subdivision 2c, and by adding subdivisions; 290.0671, subdivision 1; 290.91; 290.9201, subdivision 2; 290.923, subdivision 2; 290.97; 290.9705, subdivisions 1 and 3; 290A.03, subdivision 3; 290A.04, by adding subdivisions; 290A.07, subdivision 1; 297.07, subdivision 1; 297.35, subdivision 1; 297A.01, subdivisions 3, 6, 8, and 16; 297A.02, subdivision 1; 297A.03, subdivision 1; 297A.14, subdivision 1; 297A.21, subdivision 2; 297A.22; 297A.24, subdivision 1; 297A.25, subdivisions 4, 9, 12, and by adding subdivisions; 297B.01, subdivision 8, and by adding a subdivision; 297B.03; 297C.03, subdivision 1; 297C.04; 469.176, subdivisions 1, 1a, and 1c; 469.177, subdivision 8; 469.178, by adding a subdivision; 469.1781; 469.179, by adding a subdivision; 469.1811, subdivision 2, and by adding a subdivision; 477A.011, subdivision 36; 477A.013, subdivisions 1, 8, and 9; 477A.03, subdivision 2; 477A.05; proposing coding for new law in Minnesota Statutes, chapters 16A; 275; 289A; 469; and 477A; proposing coding for new law as Minnesota Statutes, chapters 276B; and 290B; repealing Minnesota Statutes 1996, sections 16A.152; 124.155; 124A.02, subdivisions 3b, 8, and 10; 124A.03, subdivision 2a; 124A.0311; 124A.22, subdivision 8a; 124A.23, subdivisions 1, 2, and 3; 124A.24; 124A.26, subdivision 2; 124A.292, subdivision 3; 124A.71, subdivision 3; 124A.72, subdivision 3; 273.11, subdivisions 1a, 16, and 18; 273.13, subdivisions 21b, 32, and 33; 273.1315; 273.1317; 273.1318; 273.134; 273.135; 273.136; 273.138; 273.1391; 273.1392; 273.1398; 273.1399; 273.166; 273.33; 273.35; 273.36; 273.37; 273.371; 273.38; 273.39; 273.40; 273.41; 273.42; 273.425; 273.43; 275.08, subdivisions 1c and 1d; 290.01, subdivision 19g; 290.0802; 290.091; 290.0921; 290.0922; 290.21, subdivision 4; 290A.03, subdivisions 9 and 10; 290A.07, subdivisions 2a and 3; 297A.01, subdivision 20; 297A.02, subdivisions 2 and 5; 297A.15, subdivision 5; 297A.25, subdivisions 6, 7, 8, 10, 11, 17, 18, 21, 23, 26, 30, 39, 40, 41, 44, 56, 57, 58, and 59; 297A.256, subdivision 2; 297B.02, subdivisions 2 and 3; 297B.025; 297C.05, subdivision 2; 298.01, subdivisions 3c, 3d, 4d, and 4e; 469.149; 469.166; 469.167; 469.168; 469.169; 469.170; 469.171; 469.172; 469.173; 469.175, subdivisions 1, 1a, 2, 2a, 3, 4, 7, and 8; 469.176, subdivision 4h; 469.1762; 469.177, subdivisions 1, 1a, 3, 4, 6, and 8; 469.1782; 477A.011, subdivisions 28 and 37; and 477A.0132.

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

Bradley introduced:

H. F. No. 1293, A bill for an act relating to human services; changing provisions for families and children health care; changing provisions for American Indian chemical dependency tribal account; modifying state agency hearings on required mandatory enrollment in a prepaid health plan; changing eligibility requirements for medical assistance; providing funding for the medical education and research trust fund; amending Minnesota Statutes 1996, sections 62D.04, subdivision 5; 62N.10, subdivision 4; 254B.02, subdivision 1; 254B.09, subdivisions 4, 5, and 7; 256.045, subdivisions 3, 5, and 7; 256.9353, subdivisions 3 and 7; 256.9355, subdivisions 1, 3, and 4; 256.9356, subdivision 2; 256.9357, subdivisions 2 and 3; 256.9358, subdivisions 1 and 7; 256.9363, subdivision 7; 256.969, subdivision 1; 256.9695, subdivision 1; 256B.02, by adding a subdivision; 256B.037, subdivision 2; 256B.055, by adding a subdivision; 256B.056, subdivisions 4, 5, 7, and by adding subdivisions; 256B.061; 256B.0625, subdivision 13; 256B.0626; 256B.064, subdivisions 1a, 1c, and 2; 256B.69, subdivision 6, and by adding a subdivision; 256D.03, subdivisions 3, 3b, and 4; and 256G.05, subdivision 2; repealing Minnesota Statutes 1996, section 256B.0625, subdivision 13b; Minnesota Rules, part 9505.1000.

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

Jefferson introduced:

H. F. No. 1294, A bill for an act relating to public safety; requiring the superintendent of the bureau of criminal apprehension to establish a drugfire ballistic tracking system; authorizing the city of Minneapolis to require firearm dealers to supply spent bullets for new weapons; authorizing the city of Minneapolis to disallow issuance of firearm permits to transfer or to carry for a period of time after conviction of a weapons offense; proposing coding for new law in Minnesota Statutes, chapter 299C.

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


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Hausman introduced:

H. F. No. 1295, A bill for an act relating to highways; authorizing counties to sell county state-aid highway bonds for construction of buildings and other facilities for the maintenance of county state-aid highways; amending Minnesota Statutes 1996, section 162.181, subdivisions 1 and 3.

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

Rhodes introduced:

H. F. No. 1296, A bill for an act relating to traffic regulations; recodifying and creating a vehicle code; modifying penalties for offense relating to vehicles; amending Minnesota Statutes 1996, sections 3C.10, subdivision 1; 168.013, subdivisions 1e and 3; 168.056; 168.101, subdivisions 2 and 4; 168.27, subdivisions 12, 16, 19, and 23; 168.271; 168.275; 168.75; 168.837; 168.846; and 168A.30; proposing coding for new law in Minnesota Statutes, chapters 168; 168A; and 626; proposing coding for new law as Minnesota Statutes, chapters 169D; 169E; 169F; 169G; 169H; 169I; 169J; 169K; 169L; 169M; and 169N; repealing Minnesota Statutes 1996, sections 168.021, subdivisions 1a and 3; 168.041; 168.042; 168.055; 168.09; 168.10, subdivisions 1e, 1f, 3, and 4; 168.35; 168.36; 168.81; 168.834; 168.835; 169.02, subdivision 2; 169.041; 169.042; 169.045; 169.06; 169.07; 169.072; 169.073; 169.08; 169.1216; 169.1217; 169.14; 169.145; 169.15; 169.16; 169.17; 169.18; 169.19; 169.20; 169.201; 169.202; 169.21; 169.215; 169.219; 169.22; 169.222; 169.223; 169.25; 169.26; 169.28; 169.29; 169.30; 169.305; 169.31; 169.315; 169.32; 169.33; 169.34; 169.342; 169.345; 169.346; 169.35; 169.36; 169.37; 169.38; 169.39; 169.40; 169.41; 169.42; 169.421; 169.43; 169.435; 169.441; 169.442; 169.443; 169.444; 169.445; 169.446; 169.447; 169.448; 169.449; 169.4501; 169.4502; 169.4503; 169.4504; 169.451; 169.4511; 169.452; 169.454; 169.4581; 169.4582; 169.46; 169.467; 169.468; 169.469; 169.47; 169.471; 169.48; 169.49; 169.50; 169.51; 169.52; 169.522; 169.53; 169.541; 169.55; 169.56; 169.57; 169.58; 169.59; 169.60; 169.61; 169.62; 169.63; 169.64; 169.65; 169.66; 169.67; 169.68; 169.684; 169.685; 169.686; 169.69; 169.693; 169.70; 169.71; 169.72; 169.721; 169.722; 169.723; 169.724; 169.725; 169.726; 169.727; 169.73; 169.733; 169.734; 169.74; 169.743; 169.75; 169.751; 169.752; 169.753; 169.754; 169.762; 169.771; 169.78; 169.781; 169.782; 169.783; 169.79; 169.791; 169.792; 169.793; 169.794; 169.795; 169.796; 169.797; 169.798; 169.799; 169.7995; 169.80; 169.801; 169.81; 169.82; 169.825; 169.832; 169.835; 169.84; 169.85; 169.851; 169.86; 169.862; 169.863; 169.87; 169.871; 169.872; 169.88; 169.971; 169.972; 169.973; and 169.974.

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

Entenza and Boudreau introduced:

H. F. No. 1297, A bill for an act relating to services for persons who are deaf or hearing impaired; setting standards for interpreters; establishing civil and criminal penalties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256C.

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

Jennings introduced:

H. F. No. 1298, A bill for an act relating to public utilities; authorizing electric utilities to charge an electric utility personal property tax replacement fee in lieu of including its ad valorem personal property taxes in the utility's electric rates; exempting certain personal property initially assessed after January 2, 1997; amending Minnesota Statutes 1996, sections 216B.16, subdivision 7; 272.02, subdivision 1; and 273.13, subdivision 31; proposing coding for new law in Minnesota Statutes, chapter 216B.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.


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Jennings, Hausman, Ozment and Kahn introduced:

H. F. No. 1299, A bill for an act relating to utilities; reorganizing and renaming the legislative electric energy task force as the legislative commission on utility competition; establishing a process for the review of electric industry restructuring; making technical change; amending Minnesota Statutes 1996, section 216B.2424, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 216C; repealing Minnesota Statutes 1996, section 216C.051.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Holsten, Milbert, Solberg and Dawkins introduced:

H. F. No. 1300, A bill for an act relating to gambling; requiring the state lottery to authorize and regulate the operation of video lottery terminals at a licensed racetrack with horse racing on which pari-mutuel betting is conducted; regulating the use of net terminal income; providing penalties; amending Minnesota Statutes 1996, section 297A.259; proposing coding for new law in Minnesota Statutes, chapter 349A.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Slawik introduced:

H. F. No. 1301, A bill for an act relating to local government; defining the department's classified service under a merged Saint Paul and Ramsey county department of public health; amending Minnesota Statutes 1996, section 383A.288, subdivision 4.

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

Chaudhary, Entenza, Hausman, Dawkins and Garcia introduced:

H. F. No. 1302, A bill for an act relating to health; requiring the attorney general to investigate unfair drug price discrimination; giving the commissioner of administration authority to negotiate contract prices for prescription drugs; requiring the commissioner of administration to establish and administer a nongovernmental pharmaceutical contracting alliance; modifying prescription dispensing requirements; requiring a pharmacy to post a sign on generic substitution; appropriating money; amending Minnesota Statutes 1996, sections 8.31, subdivision 1; and 151.21, subdivisions 2, 3, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Bradley, Huntley, Greenfield, Boudreau and Dorn introduced:

H. F. No. 1303, A bill for an act relating to human services; providing for comprehensive health care services; amending Minnesota Statutes 1996, sections 256B.04, by adding a subdivision; and 256B.69, subdivisions 2, 3a, and 5; proposing coding for new law in Minnesota Statutes, chapter 256B.

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

Clark, Rostberg, Dawkins and Chaudhary introduced:

H. F. No. 1304, A bill for an act relating to landlords and tenants; requiring a pretenancy walk-through of residential rental property; requiring restitution for criminal damage to leased residential rental property by a tenant; amending Minnesota Statutes 1996, section 504.20, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 611A.

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


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Wejcman, Huntley, Greenfield, Molnau and Dorn introduced:

H. F. No. 1305, A bill for an act relating to human services; authorizing a project to reconfigure two intermediate care facilities for persons with mental retardation located in Carver county.

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

Hausman, Otremba and Weaver introduced:

H. F. No. 1306, A bill for an act relating to health; requiring health plan coverage for off-label use of drugs; establishing an advisory council; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

Dehler introduced:

H. F. No. 1307, A bill for an act relating to liquor; allowing holders of multiple on-sale licenses to have uniform licensing periods; amending Minnesota Statutes 1996, section 340A.404, by adding a subdivision.

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

Murphy, Skoglund and Swenson, D., introduced:

H. F. No. 1308, A bill for an act relating to crime prevention; appropriating money for DARE programs and training; extending the expiration date of the DARE advisory council.

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

Jaros introduced:

H. F. No. 1309, A bill for an act relating to lotteries; requiring the director to establish sports pool games; establishing a professional and amateur sports account in the general fund, to which all net proceeds from these games must be credited; amending Minnesota Statutes 1996, sections 349A.04; 349A.10, subdivision 5; and 349A.13; proposing coding for new law in Minnesota Statutes, chapter 349A.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Carlson and Rest introduced:

H. F. No. 1310, A bill for an act relating to gambling; authorizing the renewal of a license to an association comprised of merged fire relief associations; amending Minnesota Statutes 1996, section 349.16, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Kelso and Biernat introduced:

H. F. No. 1311, A bill for an act relating to education; creating a new state aid to provide funding for an extended school day, extended school week, or an extended school year program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124.

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


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Carlson, Mullery, Kielkucki and Pelowski introduced:

H. F. No. 1312, 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.

Dehler introduced:

H. F. No. 1313, A bill for an act relating to local government; authorizing town electors to require the removal of snow or ice from town roads in certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 366.

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

Hausman, Workman and Milbert introduced:

H. F. No. 1314, A bill for an act relating to the environment; modifying provisions relating to scrap motor vehicle facilities; amending Minnesota Statutes 1996, sections 116.66; and 116.67.

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

Kalis; Munger; Molnau; Swenson, H., and Peterson introduced:

H. F. No. 1315, A bill for an act relating to water; modifying duties of the Minnesota river basin joint powers board; appropriating money for water quality improvement projects; amending Minnesota Statutes 1996, section 103F.378, subdivision 1.

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

Dawkins introduced:

H. F. No. 1316, A bill for an act proposing an amendment to the Minnesota Constitution, article VII, section 1; providing that persons 17 years of age may vote in school elections; amending Minnesota Statutes 1996, sections 201.014, subdivision 1; 201.071, subdivision 1; 201.13, subdivision 1; 201.14; and 201.15, subdivision 1.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Marko, Garcia, Mahon, Larsen and Kraus introduced:

H. F. No. 1317, A bill for an act relating to local governments; establishing an advisory council on local government roles and responsibilities; appropriating money.

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

Skoglund introduced:

H. F. No. 1318, A bill for an act relating to crimes; providing for maximum stay of sentence for convicted DWI offenders; amending Minnesota Statutes 1996, section 169.121, subdivision 3.

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


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Slawik, Winter, Mullery, Weaver and Skoglund introduced:

H. F. No. 1319, A bill for an act relating to public safety; requiring the commissioner of public safety to adopt rules governing electronic records of motor vehicle insurers in order to make records immediately available to law enforcement agencies; making technical change; amending Minnesota Statutes 1996, section 169.796.

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

Jefferson; Johnson, A.; Tomassoni; Rukavina and Osskopp introduced:

H. F. No. 1320, A bill for an act relating to veterans; appropriating money for the Red Tail Project to honor the Tuskeegee airmen.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Folliard, Carlson, Seagren, Sykora and Leppik introduced:

H. F. No. 1321, A bill for an act relating to education; providing enhanced funding for integration purposes; creating an exemption for metropolitan magnet school programs; authorizing the sale of bonds; appropriating money; amending Minnesota Statutes 1996, section 124C.498, subdivisions 1 and 3; Laws 1994, chapter 647, article 7, section 18, subdivisions 2 and 3; proposing coding for new law in Minnesota Statutes, chapter 124.

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

Pugh, Winter, Marko, Mulder and Tomassoni introduced:

H. F. No. 1322, A bill for an act relating to financial institutions; limiting fees charged for the use of automated teller machines; amending Minnesota Statutes 1996, sections 47.61, by adding a subdivision; and 47.64, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Dawkins, Pawlenty, Leighton, Larsen and Evans introduced:

H. F. No. 1323, A bill for an act relating to marriage dissolution; changing procedures and terminology related to parenting plans, rights, and obligations; amending Minnesota Statutes 1996, sections 518.003, subdivisions 3 and 4; 518.005, subdivision 2; 518.131; 518.155; 518.156; 518.157; 518.158; 518.165, subdivisions 1, 2, and 2a; 518.166; 518.167; 518.168; 518.17, subdivisions 1, 3, and 6; 518.175; 518.1751; 518.176; 518.177; 518.179, subdivision 1; 518.18; 518.185; 518.5511, subdivision 1; 518.552, subdivisions 1 and 2; 518.57, subdivision 4; and 518.619, subdivisions 1, 3, and 4; repealing Minnesota Statutes 1996, section 518.17, subdivision 2.

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

Paulsen, Rifenberg, Kielkucki, Kuisle and Westrom introduced:

H. F. No. 1324, A bill for an act relating to human services; establishing rent and utilities vouchers for some TANF recipients; proposing coding for new law as Minnesota Statutes, chapter 256J.

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


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Daggett, Finseth, Milbert, Nornes and Bakk introduced:

H. F. No. 1325, A bill for an act relating to game and fish; permitting nonresident youth to hunt deer for resident fee; amending Minnesota Statutes 1996, section 97A.451, subdivision 3a.

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

Kahn, Osthoff, Krinkie, Greiling and Knight introduced:

H. F. No. 1326, A bill for an act relating to retirement; economic interest statement filings by public pension plan fiduciaries; providing a penalty for a failure to file; amending Minnesota Statutes 1996, section 356A.06, subdivision 4.

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

Delmont, Winter, Kahn, Ozment and Stanek introduced:

H. F. No. 1327, A bill for an act relating to state government; requiring the commissioner of employee relations to review certain proposed contracts involving services to state agencies; proposing coding for new law in Minnesota Statutes, chapter 43A.

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

Skoglund, Winter, Pugh, Slawik and Long introduced:

H. F. No. 1328, A bill for an act relating to crime prevention; expanding the crimes of criminal sexual conduct in the third and fourth degrees to forbid certain acts involving school employees and students; amending Minnesota Statutes 1996, sections 609.341, subdivision 11; 609.344, subdivision 1; and 609.345, subdivision 1.

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

Kalis, Greenfield, Jennings and Winter introduced:

H. F. No. 1329, A bill for an act relating to human services; appropriating money to the chemical dependency fund and for detoxification centers.

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

Koskinen; Johnson, A.; Weaver and Tingelstad introduced:

H. F. No. 1330, A bill for an act relating to the city of Coon Rapids; providing for the extension of the duration of certain tax increment financing districts of the Coon Rapids economic development authority.

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

McCollum, Greenfield, Lieder, Hilty and Olson, E., introduced:

H. F. No. 1331, A bill for an act relating to health; establishing an American Indian diabetes prevention advisory task force; appropriating money.

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


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Rukavina; Solberg; Anderson, I.; Tomassoni and Bakk introduced:

H. F. No. 1332, A bill for an act relating to state lands; requiring public sale of remaining lakeshore land leases; restricting amount of lease rate and lease rate increases; amending Minnesota Statutes 1996, section 92.46, subdivisions 1 and 3, and by adding a subdivision.

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

Knoblach, Wenzel, Bradley, Boudreau and Dorn introduced:

H. F. No. 1333, A bill for an act relating to health care; regulating policy rates and conversion rights; modifying or eliminating certain health care cost containment provisions; modifying certain requirements for health plan companies; amending Minnesota Statutes 1996, sections 62A.021, subdivision 1; 62E.16; 62J.04, subdivision 1a; 62Q.07, subdivision 1; 62Q.19, subdivision 2a; 62Q.32; 62Q.43, subdivision 2; and 62Q.45, subdivision 2; repealing Minnesota Statutes 1996, section 62Q.03.

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

Hausman introduced:

H. F. No. 1334, A bill for an act relating to crime; creating an advisory task force to study and evaluate the current criminal controlled substance laws; requiring a report; appropriating money.

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

Hausman introduced:

H. F. No. 1335, A bill for an act relating to government operations; creating an advisory task force to develop a plan to consolidate state government drug policy efforts; requiring a report; appropriating money.

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

Long, McElroy, Rhodes, Garcia and Dawkins introduced:

H. F. No. 1336, A bill for an act relating to metropolitan government; providing a sales tax exemption; amending Minnesota Statutes 1996, section 297A.25, by adding a subdivision.

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

McGuire, Skoglund, Broecker, Murphy and Swenson, D., introduced:

H. F. No. 1337, A bill for an act relating to community corrections; providing a single system for counties to deliver and finance local community justice services; requiring counties to develop a comprehensive plan for developing and administering these services as a condition of receiving the state subsidy for community justice services; repealing the county probation officer law and the Community Corrections Act; amending Minnesota Statutes 1996, sections 241.021, subdivision 1; 353.01, subdivision 16; 388.24, subdivision 2; 401.065, subdivision 2; and 402.03; proposing coding for new law as Minnesota Statutes, chapter 401A; repealing Minnesota Statutes 1996, sections 260.311; 401.01; 401.02; 401.03; 401.04; 401.05; 401.06; 401.07; 401.08; 401.09; 401.10; 401.11; 401.12; 401.13; 401.14; 401.15; and 401.16.

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


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Molnau, Rest, Rostberg and Sviggum introduced:

H. F. No. 1338, A bill for an act relating to local government; authorizing the consolidation of cities and towns; proposing coding for new law in Minnesota Statutes, chapter 414.

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

Ness, Tomassoni, Schumacher, Carlson and Mares introduced:

H. F. No. 1339, A bill for an act relating to education; restoring pupil transportation formulas; establishing inflation factors; appropriating money; amending Minnesota Statutes 1996, sections 124.225, subdivisions 1, 3a, 7b, 7d, and 8a; 124.226, subdivisions 4 and 9; and 124A.22, subdivisions 1, 2, as amended, and 13b; repealing Minnesota Statutes 1996, sections 124.225, subdivisions 13, 14, 15, 16, and 17; 124.226, subdivisions 1, 3, 3a, and 10; and 124A.22, subdivisions 13 and 13a.

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

Olson, E.; McElroy; Skare; Van Dellen and Peterson introduced:

H. F. No. 1340, A bill for an act relating to traffic regulation; changing speed limits; amending Minnesota Statutes 1996, section 169.14, subdivision 2; repealing Minnesota Statutes 1996, sections 169.99, subdivision 1b; and 171.12, subdivision 6.

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

Osskopp introduced:

H. F. No. 1341, A bill for an act relating to the environment; providing that petroleum tank release cleanup funds may be used to assist in the replacement of underground storage tanks; amending Minnesota Statutes 1996, section 115C.09, subdivision 1.

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

Osskopp introduced:

H. F. No. 1342, A bill for an act relating to the environment; providing for a program to replace mercury manometers on dairy farms; appropriating money; amending Minnesota Statutes 1996, sections 115A.932, subdivision 1; and 116.92, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 17.

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

Knoblach, Leighton and Daggett introduced:

H. F. No. 1343, A bill for an act relating to reemployment insurance; excepting from the definition of "employment" services performed by certain taxi cab drivers; amending Minnesota Statutes 1996, section 268.04, subdivision 12.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Trimble, Mullery, Gunther and Jaros introduced:

H. F. No. 1344, A bill for an act relating to utilities; requiring appropriations for state activities relating to public utility regulation to be made to commissioner of public service; requiring commissioner to spend appropriations only in accordance with recommendations of interagency task force; proposing coding for new law in Minnesota Statutes, chapter 216A.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.


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Paymar, Rukavina and Jefferson introduced:

H. F. No. 1345, A bill for an act relating to workers' compensation; adding correctional officers to the presumption of occupational disease; amending Minnesota Statutes 1996, section 176.011, subdivision 15.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Mariani, McGuire, Mulder, Boudreau and Delmont introduced:

H. F. No. 1346, A bill for an act relating to education; increasing the revenue for early childhood family education programs; amending Minnesota Statutes 1996, section 124.2711, subdivision 1.

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

Smith introduced:

H. F. No. 1347, A bill for an act relating to family law; requiring six-month and one-year court hearings to review child support, visitation, and joint custody compliance; proposing coding for new law in Minnesota Statutes, chapter 518.

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

Wagenius, Mahon, Lieder, Rhodes and Broecker introduced:

H. F. No. 1348, A bill for an act relating to transportation; appropriating money to the department of transportation for transit assistance; appropriating money to the metropolitan council for transit operations and assistance; establishing job access programs; defining terms; amending Minnesota Statutes 1996, section 160.02, subdivision 7, and by adding a subdivision.

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

Mullery, Skoglund, Bishop, Smith and Chaudhary introduced:

H. F. No. 1349, A bill for an act relating to family law; providing for grandparent visitation rights on behalf of the child; expanding grandparent visitation rights; specifying procedures; requiring mediation; amending Minnesota Statutes 1996, section 257.022, subdivision 1, and by adding a subdivision; repealing Minnesota Statutes 1996, section 257.022, subdivisions 2 and 2a.

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

McGuire, Farrell and Mariani introduced:

H. F. No. 1350, A bill for an act proposing an amendment to the Minnesota Constitution, article I, by adding a section; guaranteeing certain rights to victims of crime.

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

Hasskamp, Solberg, Kinkel, Leppik and Daggett introduced:

H. F. No. 1351, A bill for an act relating to watercraft; increasing fines for placing exotic species in waters of the state; modifying provisions relating to water surface use ordinances; modifying personal watercraft regulations; imposing personal watercraft restrictions; imposing a licensing surcharge on personal watercraft; creating a personal watercraft enforcement


Journal of the House - 21st Day - Top of Page 559

account; providing civil penalties; amending Minnesota Statutes 1996, sections 84D.13, subdivision 5; 86B.205, subdivision 4, and by adding a subdivision; 86B.211; 86B.313, subdivisions 1, 2, and 3; and 86B.415, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 1996, section 86B.205, subdivision 3.

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

Hasskamp, Ozment, Trimble, Erhardt and McGuire introduced:

H. F. No. 1352, A bill for an act relating to watercraft; increasing fines for placing exotic species in waters of the state; modifying provisions relating to water surface use ordinances; modifying personal watercraft regulations; imposing personal watercraft restrictions; imposing a licensing surcharge on personal watercraft; creating a personal watercraft enforcement account; providing civil penalties; amending Minnesota Statutes 1996, sections 84D.13, subdivision 5; 86B.205, subdivision 4, and by adding a subdivision; 86B.211; 86B.313, subdivisions 1, 2, and 3; and 86B.415, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 1996, section 86B.205, subdivision 3.

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

Rhodes introduced:

H. F. No. 1353, A bill for an act relating to motor vehicles; establishing a system for notification, recording, and collecting of delinquent traffic offense fines; prohibiting license plate or license plate tab renewal if delinquent traffic fines are not paid; imposing a fee; motivating drivers to be validly licensed and insured by allowing first-time driving-after-suspension violators to avoid further suspension by promptly obtaining reinstatement, by allowing first-time no-insurance violators to avoid license revocation or suspension by promptly obtaining insurance, and by terminating nonpayment-of-fines license suspension when the person pays the fines and the reinstatement fee; appropriating money; amending Minnesota Statutes 1996, sections 169.792, subdivision 7, and by adding a subdivision; 169.797, subdivision 4a, and by adding a subdivision; 169.95; 169.99, subdivision 1; 171.16, subdivision 3; and 171.24, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 168; and 169.

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

Peterson, Sekhon, McCollum, Holsten and Osthoff introduced:

H. F. No. 1354, A bill for an act relating to natural resources; appropriating money to survey trails in state parks for accessibility to persons with disabilities.

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

Solberg introduced:

H. F. No. 1355, A bill for an act relating to the city of Nashwauk; modifying the authority to increase benefits payable to surviving spouses by the police relief association; amending Laws 1943, chapter 196, section 4, as amended.

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

Slawik, Evans, Tompkins, Opatz and Nornes introduced:

H. F. No. 1356, A bill for an act relating to mental health case management services for children and adults; extending the time period for review of individual community support plans; modifying rules extending the time period for updating the community support plans and completing a functional assessment of progress relative to the community support plan; amending Minnesota Statutes 1996, sections 245.4711, subdivisions 4 and 9; and 245.4881, subdivision 4, and by adding a subdivision.

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


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Jefferson introduced:

H. F. No. 1357, A bill for an act relating to retirement; clarifying the source of funds available to the Minneapolis police relief association; amending Minnesota Statutes 1996, section 423B.06, subdivisions 1 and 1a.

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

Dawkins introduced:

H. F. No. 1358, A bill for an act relating to community development; appropriating money for specified projects in the city of St. Paul; providing for a comprehensive planning process.

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

Dawkins introduced:

H. F. No. 1359, A bill for an act relating to community development; appropriating money for specified projects in the city of St. Paul; providing for a comprehensive planning process.

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

Dawkins introduced:

H. F. No. 1360, A bill for an act relating to community development; appropriating money for specified projects in the city of St. Paul; providing for a comprehensive planning process.

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

Dawkins introduced:

H. F. No. 1361, A bill for an act relating to community development; appropriating money for specified projects in the city of St. Paul; providing for a comprehensive planning process.

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

Dawkins introduced:

H. F. No. 1362, A bill for an act relating to community development; appropriating money for specified projects in the city of St. Paul; providing for a comprehensive planning process.

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

Juhnke, Skoglund, Dawkins and Mares introduced:

H. F. No. 1363, A bill for an act relating to crime; appropriating money to fund the Willmar child guide prevention program.

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


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Bettermann introduced:

H. F. No. 1364, A bill for an act relating to education; modifying certain provisions relating to private business, trade, and correspondence schools; amending Minnesota Statutes 1996, sections 141.21, subdivisions 3, 5, 6, and by adding subdivisions; 141.22; 141.25, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 9a, 10, and 12; 141.26, subdivision 2; 141.271, subdivisions 1, 2, 3, 4, 5, 6, and 12; 141.28, subdivisions 3 and 5; 141.29, subdivision 1; 141.31; 141.32; 141.35; and 141.36.

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

Wejcman, Orfield, Delmont, Huntley and Clark introduced:

H. F. No. 1365, A bill for an act relating to health care; creating a statewide health care consumer assistance program; prohibiting contracts that restrict communication between providers and their patients; requiring disclosure of health care provider financial incentives; requiring health plan companies to provide continuity of care and access to specialty care for certain enrollees; prohibiting certain exclusive arrangements; appropriating money; amending Minnesota Statutes 1996, sections 62Q.01, by adding subdivisions; 62Q.105; 62Q.106; 62Q.30; 181.932, subdivision 1; and 214.16, subdivisions 1 and 3; proposing coding for new law in Minnesota Statutes, chapters 62J; 62Q; and 144; repealing Minnesota Statutes 1996, section 62Q.11.

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

Winter and Harder introduced:

H. F. No. 1366, A bill for an act relating to education; implementing a small school viability pilot project; requiring reporting; appropriating money.

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

Rest, McElroy, Rukavina and Milbert introduced:

H. F. No. 1367, A bill for an act relating to sports; providing for a process to construct, fund, maintain, and govern a major league baseball-only facility; providing for powers and duties of the governing entity; authorizing certain taxes, revenue distributions, bonds and other debt obligations, and allocations; appropriating money; amending Minnesota Statutes 1996, sections 11A.24, by adding a subdivision; 80A.15, by adding a subdivision; 297.02, subdivision 1; 297.03, subdivision 5; 297.13, subdivision 1; 297.32, subdivisions 1, 2, and 9; and 297.35, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 79; proposing coding for new law as Minnesota Statutes, chapter 473I.

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

Ozment, Winter, Delmont, Sviggum and Tomassoni introduced:

H. F. No. 1368, A bill for an act relating to public safety; establishing a board of firefighters training standards; establishing a firefighter training financial assistance program; transferring the Minnesota state colleges and universities fire information, resource, and education center to the board; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299F.

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


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Swenson, D.; McGuire; Dawkins; Smith and Weaver introduced:

H. F. No. 1369, A bill for an act relating to alcoholic beverages; imposing civil third-party liability for damages caused by intoxication of persons under age 21; prohibiting certain subrogation claims; prohibiting certain exclusions from homeowner or renter insurance policies; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Anderson, I.; Jennings and Workman introduced:

H. F. No. 1370, A bill for an act relating to excavation notification; requiring notice of underground facilities in drawings for bid specifications or plans; providing a penalty; amending Minnesota Statutes 1996, sections 216D.04, by adding a subdivision; and 216D.08, subdivision 1.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Orfield and Pugh introduced:

H. F. No. 1371, A bill for an act relating to the Minnesota agricultural and economic development board; placing restrictions on the board and the commissioner relating to the issuance of bonds for purposes of capital improvements and acquisitions of hospitals; amending Minnesota Statutes 1996, section 41A.05, subdivision 2.

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

Biernat, Wagenius, Hausman, Carlson and Rhodes introduced:

H. F. No. 1372, A bill for an act relating to school transportation; directing the metropolitan council and Minneapolis and St. Paul school boards to develop and implement school transportation plan using public transit; creating advisory board; requiring report to legislature; appropriating money.

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

Wagenius, Skoglund, Wejcman, Leppik and Sykora introduced:

H. F. No. 1373, A bill for an act relating to children; modifying the definition of family under the MinnesotaCare program; providing for transfer of custody of a child to a relative by a consent decree; authorizing communication or contact agreements between adoptive parents and birth parents; providing for a relative conference and relative care agreement following a report of child abuse or neglect; creating a pilot project; appropriating money; amending Minnesota Statutes 1996, sections 119B.01, subdivision 10; 256.9366, subdivision 3; 257.02; 259.59 by adding a subdivision; 260.191, subdivision 3b; 260.241, subdivision 1; and 518.158; proposing coding for new law in Minnesota Statutes, chapters 257; 259; and 626.

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

Stanek; Jennings; Pelowski; Olson, E., and Wolf introduced:

H. F. No. 1374, A bill for an act relating to public safety; requiring cellular 911 calls be connected to and answered by local public safety answering points; amending Minnesota Statutes 1996, section 403.13.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.


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Ness, Tunheim, Van Dellen, Otremba and Jennings introduced:

H. F. No. 1375, A bill for an act relating to administrative procedure; requiring legislative approval of proposed rules in certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 14.

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

Trimble introduced:

H. F. No. 1376, A bill for an act relating to rulemaking; prohibiting the state high school league or its board from adopting or enforcing a rule or policy regulating nonschool competition by students in individual sports; proposing coding for new law in Minnesota Statutes, chapter 128C.

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

Hasskamp, Kinkel, Rifenberg, Solberg and Commers introduced:

H. F. No. 1377, A bill for an act relating to economic development; appropriating money to fund certain projects of the University of Minnesota tourism center.

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

Leighton, Clark and Mares introduced:

H. F. No. 1378, A bill for an act relating to landlords and tenants; adding certain heating requirements; proposing coding for new law in Minnesota Statutes, chapter 504.

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

Huntley and Jaros introduced:

H. F. No. 1379, A bill for an act relating to the city of Duluth; authorizing the creation of a nonprofit corporation and the transfer of all of the assets and liabilities of the Miller-Dwan Medical Center to the nonprofit corporation; requiring that the nonprofit corporation satisfy the state law requirement relating to charitable trusts.

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

Huntley, Mulder, Jaros, Munger and Murphy introduced:

H. F. No. 1380, A bill for an act relating to capital improvements; transferring responsibility for a family practice residency program from the city of Duluth to the Duluth economic development authority; amending Laws 1996, chapter 463, section 24, subdivision 3.

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

Juhnke, Schumacher, Jennings and Anderson, B., introduced:

H. F. No. 1381, A bill for an act relating to liens; modifying certain provisions of the lien for veterinary services; amending Minnesota Statutes 1996, section 514.92, subdivisions 1, 1a, 3, and 5.

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


Journal of the House - 21st Day - Top of Page 564

Dehler and Opatz introduced:

H. F. No. 1382, A bill for an act relating to boilers; modifying show boiler and engine provisions; amending Minnesota Statutes 1996, section 183.411, subdivisions 1, 2, and 3.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Kinkel introduced:

H. F. No. 1383, A bill for an act relating to occupational safety and health; providing that certain notices are filed when placed in the United States mail; amending Minnesota Statutes 1996, section 182.661, subdivision 3b.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Nornes, Munger, Van Dellen, Lieder and Daggett introduced:

H. F. No. 1384, A bill for an act relating to veterans; appropriating money for the veterans home in Fergus Falls.

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

Bettermann, Bradley and Dorn introduced:

H. F. No. 1385, A bill for an act relating to health; modifying terms of physician loan forgiveness programs; amending Minnesota Statutes 1996, section 136A.1355.

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

Knoblach, Kalis, Solberg and Bishop introduced:

H. F. No. 1386, A bill for an act relating to public administration; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing the commissioner of administration, with the approval of the commissioner of finance, to enter into lease-purchase agreements and to provide for the issuance of certificates of participation; prescribing certain conditions; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Chaudhary, Trimble, Ness, Reuter and Jaros introduced:

H. F. No. 1387, A bill for an act relating to economic development; providing funding to the University of Minnesota to support research and development activities related to international commerce; providing funding for the Minnesota Internet center; appropriating money.

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

Knoblach and Kalis introduced:

H. F. No. 1388, A bill for an act relating to capital improvements; requiring reporting on certain laws authorizing bonds; amending Minnesota Statutes 1996, section 16A.642, subdivision 1, and by adding a subdivision.

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


Journal of the House - 21st Day - Top of Page 565

Jennings, Solberg, Sviggum and Carruthers introduced:

H. F. No. 1389, A bill for an act relating to employment; establishing and modifying certain salary provisions for certain public employees; amending Minnesota Statutes 1996, sections 3.855, subdivision 3; 15A.081, subdivision 8; 15A.083, subdivisions 5, 6a, and 7; 43A.17, subdivisions 1, 3, and by adding a subdivision; 43A.18, subdivision 4; 85A.02, subdivision 5a; 298.22, subdivision 1; and 349A.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 15A; repealing Minnesota Statutes 1996, sections 15A.081, subdivisions 1, 7, and 7b; and 43A.18, subdivision 5.

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

Solberg and Tomassoni introduced:

H. F. No. 1390, A bill for an act relating to the Floodwood joint recreation board; regulating its tax levies.

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

Long, Clark, Leppik, Mahon and Jaros introduced:

H. F. No. 1391, A bill for an act relating to employee benefits; permitting political subdivisions to define dependent for certain purposes; amending Minnesota Statutes 1996, section 471.61, subdivision 1a.

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

Kinkel, Tomassoni, Kahn, Rukavina and Finseth introduced:

H. F. No. 1392, A bill for an act relating to property taxation; including payment-in-lieu-of-taxes tax forfeiture lands in the abstract of assessment of exempt real property; including payment-in-lieu-of-taxes tax forfeiture lands in the allocation of fire state aid; amending Minnesota Statutes 1996, sections 69.021, subdivision 7; and 273.18

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

Long introduced:

H. F. No. 1393, A bill for an act relating to the environment; establishing the office of brownfields coordination.

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

McGuire introduced:

H. F. No. 1394, A bill for an act relating to higher education; establishing a challenge grant program administered by the higher education center on violence and abuse; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 135A.

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

Juhnke, Kubly and Clark introduced:

H. F. No. 1395, A bill for an act relating to taxation; providing an income tax credit for contributions by an employer for employee housing; proposing coding for new law in Minnesota Statutes, chapter 290.

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


Journal of the House - 21st Day - Top of Page 566

Jefferson, Rest, Opatz, Van Dellen and Davids introduced:

H. F. No. 1396, A bill for an act relating to public safety; providing for emergency expenditures for pothole relief; appropriating money.

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

Osthoff, McGuire, Rest, Weaver and Jefferson introduced:

H. F. No. 1397, A bill for an act relating to the environment; providing for cleanup of petroleum-contaminated sites that are not associated with a release from a tank; extending the authority of the commissioner of the pollution control agency to issue liability assurances in certain situations; appropriating money; amending Minnesota Statutes 1996, sections 115C.02, subdivision 1; 115C.03, subdivision 9; 115C.08, subdivisions 2 and 4; 115C.09, subdivision 1; and 116J.554, by adding a subdivision.

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

Munger, Bakk, Rukavina, Leppik and Weaver introduced:

H. F. No. 1398, A bill for an act relating to appropriations; appropriating money for the Taconite Harbor project.

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

Milbert, Rukavina, Luther, Goodno and Carruthers introduced:

H. F. No. 1399, A bill for an act relating to state government; appropriating money for the statewide public ice facilities program.

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

Kahn, Knoblach, Van Dellen, Workman and Jefferson introduced:

H. F. No. 1400, A resolution memorializing Congress to support legislative initiatives to discourage use of public resources for movement of professional sports franchises and to repeal antitrust exemptions for professional sports.

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

Rifenberg, Seifert, Kuisle, Osskopp and Haas introduced:

H. F. No. 1401, A bill for an act relating to the legislature; providing for rotation of committee and division chairs; proposing coding for new law in Minnesota Statutes, chapter 3.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:


Journal of the House - 21st Day - Top of Page 567

H. F. No. 5, A bill for an act relating to crime; clarifying the elements of the harassment and stalking crime; amending Minnesota Statutes 1996, section 609.749, subdivisions 1, 2, 5, and by adding a subdivision.

The Senate has appointed as such committee:

Ms. Junge; Messrs. Spear and Knutson.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 100, A bill for an act relating to public safety; providing for emergency expenditures related to the continuing severe weather conditions and their aftermath; providing additional funding for state road operations and state trooper overtime in fiscal year 1997; making certain cross-reference corrections; appropriating money; amending Minnesota Statutes 1996, sections 84.912, subdivision 1; 86B.337, subdivision 1; 168.042, subdivision 1; 169.121, subdivision 4; 169.1217, subdivision 1; 171.043; 171.24, subdivision 5; 171.30, subdivision 3; and 171.305, subdivision 5.

The Senate has appointed as such committee:

Messrs. Vickerman; Langseth and Larson; Ms. Flynn and Mr. Frederickson.

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 Files, herewith transmitted:

S. F. Nos. 128, 78, 85, 302 and 424.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 145, 129, 96, 700 and 463.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 128, A bill for an act relating to game and fish; modifying provisions prohibiting hunter, trapper, and angler harassment; amending Minnesota Statutes 1996, section 97A.037, subdivision 1.

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


Journal of the House - 21st Day - Top of Page 568

S. F. No. 78, A bill for an act relating to elections; changing certain absentee ballot provisions; amending Minnesota Statutes 1996, sections 203B.02, subdivision 1; 203B.03, subdivision 1; 203B.04, subdivision 1; 203B.06,subdivision 3; 203B.07, subdivision 2; 203B.11, by adding a subdivision; and 203B.12, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 203B.

The bill was read for the first time.

Osthoff moved that S. F. No. 78 and H. F. No. 74, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 85, A bill for an act relating to claims; providing for payment of certain claims against the state; increasing a limit on settlements; adding claims to the Revenue Recapture Act; appropriating money; amending Minnesota Statutes 1996, sections 3.732, subdivision 2; and 270A.03, subdivision 7.

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

S. F. No. 302, A bill for an act relating to health; allowing certain community health clinics to offer health care services on a prepaid basis; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

S. F. No. 424, A bill for an act relating to Ramsey county; providing for certification of eligibility for a position under county rules; amending Minnesota Statutes 1996, section 383A.291, by adding a subdivision; repealing Minnesota Statutes 1996, section 383A.291, subdivisions 1, 2, 3, and 4.

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

S. F. No. 145, A bill for an act relating to reemployment insurance; making technical and administrative changes; providing civil and criminal penalties; amending Minnesota Statutes 1996, sections 268.0111, by adding a subdivision; 268.022, subdivision 1; 268.04, subdivisions 5, 15, 17, 25, and by adding subdivisions; 268.06, subdivisions 1, 3a, 6, 8, 8a, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, and 31; 268.07, subdivisions 2, 3, 3a, and 3b; 268.071, subdivisions 3, 6, and 9; 268.08, subdivisions 1, 2, 3, 3a, 3b, 10, and by adding a subdivision; 268.09, subdivision 3, and by adding subdivisions; 268.101, subdivisions 2, 3, 4, and by adding a subdivision; 268.105; 268.11, subdivision 3; 268.12, subdivisions 8 and 9a; 268.121; 268.14, subdivision 1; 268.16, subdivision 2; 268.161, subdivisions 4, 6, and 7; 268.167; 268.18, subdivisions 1, 2, 3, 4, 6, and by adding a subdivision; and 268.21; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1996, sections 268.026; 268.04, subdivisions 8, 13, 14, 20, 21, 32, and 35; 268.06, subdivisions 2, 4, 5, 30, and 33; 268.073, subdivision 7; 268.09, subdivisions 1, 2, 4, 5, 6, 7, and 8; 268.12, subdivisions 2, 4, 5, 7, and 11; 268.14, subdivisions 3 and 4; 268.16, subdivision 8; 268.161, subdivision 3; 268.165; and 268.18, subdivision 5.

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

S. F. No. 129, A bill for an act relating to drivers' licenses; providing for Under-21 Minnesota identification cards; amending Minnesota Statutes 1996, sections 171.06, subdivision 2; and 171.07, subdivisions 3 and 4.

The bill was read for the first time.

Leppik moved that S. F. No. 129 and H. F. No. 40, now on the Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 21st Day - Top of Page 569

S. F. No. 96, A bill for an act relating to public safety; changing certain rulemaking requirements; amending Minnesota Statutes 1996, section 169.128.

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

S. F. No. 700, A bill for an act relating to statutory cities; providing that the offices of mayor of a statutory city and fire chief of an independent nonprofit firefighting corporation are not incompatible under certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 412.

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

S. F. No. 463, A bill for an act relating to the city of St. Paul education center and teacher training institute; allowing rentals to offset certain costs; amending Laws 1994, chapter 643, section 72, as amended.

The bill was read for the first time.

Hausman moved that S. F. No. 463 and H. F. No. 582, now on the Technical Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.

CONSENT CALENDAR

H. F. No. 265, A bill for an act relating to agriculture; clarifying the employment status of certain farm crisis assistance personnel; amending Minnesota Statutes 1996, section 17.03, subdivision 9.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


Journal of the House - 21st Day - Top of Page 570

The Speaker called Opatz to the Chair.

H. F. No. 1067, A resolution memorializing the President, Congress, and the Secretary of Agriculture of the United States to design and implement adjustments to the federal milk marketing order system that are equitable to Minnesota's family dairy farmers; including reassessment of the use of wholesale price indicators derived from trade on the Green Bay Cheese Exchange.

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

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

KnightWolf

The bill was passed and its title agreed to.

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

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

H. F. No. 379; S. F. No. 35; and H. F. Nos. 156 and 704.


Journal of the House - 21st Day - Top of Page 571

SPECIAL ORDERS

H. F. No. 379, A bill for an act relating to commerce; regulating securities; authorizing small corporate offering registrations; proposing coding for new law in Minnesota Statutes, chapter 80A.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

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

S. F. No. 35, A bill for an act relating to elections; permitting the election of soil and water conservation district supervisors from single-member districts in the counties of Ramsey and Washington; amending Minnesota Statutes 1996, section 103C.311.

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

The question was taken on the passage of the bill and the roll was called. There were 98 yeas and 31 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Folliard Kelso McCollum Pelowski Tomassoni
Bakk Goodno Kinkel McGuire Peterson Tompkins
Biernat Greiling Knoblach Milbert Pugh Trimble
Bishop Haas Koskinen Mulder Rest Tuma
Bradley Hasskamp Krinkie Mullery Rhodes Tunheim
Broecker Hausman Kubly Munger Rostberg Vickerman
Carlson Hilty Larsen Murphy Rukavina Wagenius

Journal of the House - 21st Day - Top of Page 572
Chaudhary Holsten Leighton Ness Schumacher Wejcman
Clark Huntley Leppik Olson, E. Seagren Wenzel
Commers Jaros Lieder Opatz Sekhon Westfall
Dawkins Jefferson Lindner Orfield Skare Winter
Delmont Jennings Long Osskopp Skoglund Workman
Dorn Johnson, A. Luther Otremba Slawik Spk. Carruthers
Entenza Johnson, R. Mahon Ozment Stanek
Erhardt Juhnke Mares Paulsen Swenson, D.
Evans Kahn Mariani Pawlenty Sykora
Farrell Kalis Marko Paymar Tingelstad

Those who voted in the negative were:

Abrams Dempsey Koppendrayer Nornes Solberg Wolf
Anderson, B. Finseth Kraus Olson, M. Stang
Bettermann Gunther Kuisle Osthoff Sviggum
Boudreau Harder Macklin Rifenberg Swenson, H.
Daggett Kielkucki McElroy Seifert Weaver
Dehler Knight Molnau Smith Westrom

The bill was passed and its title agreed to.

H. F. No. 156, A bill for an act relating to state government; secretary of state; regulating filing fees and procedures; amending Minnesota Statutes 1996, sections 5.12; 5.23; 5.25, subdivision 1; 5A.03; 5A.04; 302A.821, subdivision 5; 303.14, subdivision 1; 308A.005, by adding a subdivision; 317A.821, subdivision 3; 317A.827, subdivision 1; 322A.03; 331A.02, subdivision 1; 336.9-403; 336.9-404; 336A.04, subdivision 4; and 514.08, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 5; repealing Minnesota Rules, part 3650.0030, subpart 8.

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

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

Those who voted in the affirmative were:

Abrams Evans Kalis Mariani Pawlenty Sviggum
Anderson, B. Farrell Kelso Marko Paymar Swenson, D.
Anderson, I. Finseth Kielkucki McCollum Pelowski Swenson, H.
Bakk Folliard Kinkel McElroy Peterson Sykora
Bettermann Goodno Knight McGuire Pugh Tingelstad
Biernat Greenfield Knoblach Milbert Rest Tomassoni
Bishop Greiling Koppendrayer Molnau Reuter Tompkins
Boudreau Gunther Koskinen Mulder Rhodes Trimble

Journal of the House - 21st Day - Top of Page 573
Bradley Haas Kraus Mullery Rifenberg Tuma
Broecker Harder Krinkie Munger Rostberg Tunheim
Carlson Hasskamp Kubly Murphy Rukavina Vickerman
Chaudhary Hausman Kuisle Ness Schumacher Wagenius
Clark Hilty Larsen Nornes Seagren Weaver
Commers Holsten Leighton Olson, E. Seifert Wejcman
Daggett Huntley Leppik Olson, M. Sekhon Wenzel
Dawkins Jaros Lieder Opatz Skare Westfall
Dehler Jefferson Lindner Orfield Skoglund Westrom
Delmont Jennings Long Osskopp Slawik Winter
Dempsey Johnson, A. Luther Osthoff Smith Wolf
Dorn Johnson, R. Macklin Otremba Solberg Workman
Entenza Juhnke Mahon Ozment Stanek Spk. Carruthers
Erhardt Kahn Mares Paulsen Stang

The bill was passed and its title agreed to.

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.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

AbramsKrinkie

The bill was passed and its title agreed to.

GENERAL ORDERS

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


Journal of the House - 21st Day - Top of Page 574

MOTION FOR RECONSIDERATION

Rest moved that the vote whereby H. F. No. 10 was not passed on Monday, March 3, 1997, be now reconsidered. The motion prevailed.

H. F. No. 10 was reported to the House.

MOTION TO LAY ON THE TABLE

Abrams moved to lay H. F. No. 10 on the table.

A roll call was requested and properly seconded.

The question was taken on the Abrams motion and the roll was called. There were 62 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The motion did not prevail.

CALL OF THE HOUSE

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

Abrams Erhardt Juhnke Mares Ozment Stanek
Anderson, B. Evans Kahn Mariani Paulsen Stang
Anderson, I. Farrell Kalis Marko Pawlenty Sviggum
Bakk Finseth Kielkucki McCollum Paymar Swenson, D.
Bettermann Folliard Kinkel McElroy Pelowski Swenson, H.
Biernat Goodno Knight McGuire Peterson Sykora
Bishop Greenfield Knoblach Milbert Pugh Tingelstad
Boudreau Greiling Koskinen Molnau Rest Tomassoni
Bradley Gunther Kraus Mulder Reuter Trimble
Broecker Haas Krinkie Mullery Rhodes Tuma
Carlson Harder Kubly Munger Rifenberg Tunheim
Chaudhary Hasskamp Kuisle Murphy Rostberg Vickerman
Clark Hausman Larsen Ness Rukavina Wagenius
Commers Hilty Leighton Nornes Schumacher Wejcman
Daggett Holsten Leppik Olson, E. Seifert Wenzel
Dawkins Huntley Lieder Olson, M. Sekhon Westfall
Dehler Jaros Lindner Opatz Skare Westrom
Delmont Jefferson Long Orfield Skoglund Winter

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Dempsey Jennings Luther Osskopp Slawik Wolf
Dorn Johnson, A. Macklin Osthoff Smith Workman
Entenza Johnson, R. Mahon Otremba Solberg Spk. Carruthers

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.

H. F. No. 10, A bill for an act relating to consumer protection; requiring child protective devices in shopping carts; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

The question was taken on the passage of the bill and the roll was called. There were 68 yeas and 63 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Abrams Erhardt Koppendrayer Mulder Rifenberg Tingelstad
Anderson, B. Finseth Kraus Ness Rostberg Tompkins
Bettermann Goodno Krinkie Nornes Seagren Vickerman
Bishop Gunther Kuisle Olson, M. Seifert Weaver
Boudreau Haas Larsen Osskopp Smith Westfall
Bradley Harder Leppik Osthoff Stanek Westrom
Broecker Holsten Lindner Ozment Stang Wolf
Commers Kielkucki Macklin Paulsen Sviggum Workman
Daggett Kinkel Mares Pawlenty Swenson, D.

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Dehler Knight McElroy Reuter Swenson, H.
Dempsey Knoblach Molnau Rhodes Sykora

The bill was passed and its title agreed to.

The Speaker resumed the Chair.

MOTIONS AND RESOLUTIONS

Paymar moved that the name of Rhodes be added as an author on H. F. No. 205. The motion prevailed.

Paymar moved that the name of Rhodes be added as an author on H. F. No. 206. The motion prevailed.

Sviggum moved that the name of Kalis be added as an author on H. F. No. 211. The motion prevailed.

Dawkins moved that the name of Peterson be added as an author on H. F. No. 245. The motion prevailed.

Opatz moved that the name of Folliard be added as an author on H. F. No. 304. The motion prevailed.

Molnau moved that the name of McElroy be added as an author on H. F. No. 421. The motion prevailed.

Orfield moved that the name of Pawlenty be added as an author on H. F. No. 423. The motion prevailed.

Goodno moved that the name of Mulder be added as an author on H. F. No. 608. The motion prevailed.

Rukavina moved that the name of Wagenius be added as chief author on H. F. No. 707. The motion prevailed.

Rifenberg moved that the name of Nornes be added as an author on H. F. No. 732. The motion prevailed.

Greenfield moved that the name of Luther be added as an author on H. F. No. 1057. The motion prevailed.

Abrams moved that the name of Mulder be added as an author on H. F. No. 1095. The motion prevailed.

Milbert moved that his name be stricken as an author on H. F. No. 1201. The motion prevailed.

Boudreau moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, March 5, 1997, when the vote was taken on the final passage of H. F. No. 266." The motion prevailed.

POINT OF ORDER

Sviggum raised a point of order pursuant to section 124, paragraph 3, of "Mason's Manual of Legislative Procedure" relating to personalities not permitted in debate. The Speaker ruled the point of order not well taken.

Rifenberg moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 5, 1997, when the vote was taken on the final passage of H. F. No. 266." The motion prevailed.


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McCollum moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 5, 1997, when the vote was taken on the final passage of H. F. No. 566." The motion prevailed.

Clark moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 5, 1997, when the vote was taken on the final passage of S. F. No. 274." The motion prevailed.

Kraus moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 5, 1997, when the vote was taken on the final passage of S. F. No. 315." The motion prevailed.

Mahon moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 5, 1997, when the vote was taken on the final passage of S. F. No. 315." The motion prevailed.

Wolf moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, March 5, 1997, when the vote was taken on the final passage of S. F. No. 315." The motion prevailed.

Jennings moved that H. F. No. 298 be recalled from the Committee on Transportation and Transit and be re-referred to the Committee on Regulated Industries and Energy. The motion prevailed.

Farrell moved that H. F. No. 342 be recalled from the Committee on Judiciary and be re-referred to the Committee on Transportation and Transit. The motion prevailed.

Entenza moved that H. F. No. 1034 be recalled from the Committee on Judiciary and be re-referred to the Committee on Agriculture. The motion prevailed.

Clark moved that H. F. No. 1119 be recalled from the Committee on Economic Development and International Trade and be re-referred to the Committee on Capital Investment. The motion prevailed.

Orfield moved that H. F. No. 1182 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary. The motion prevailed.

Rest moved that H. F. No. 1190 be recalled from the Committee on Taxes and be re-referred to the Committee on Environment and Natural Resources. The motion prevailed.

Kubly moved that H. F. No. 1395 be recalled from the Committee on Taxes and be re-referred to the Committee on Economic Development and International Trade. The motion prevailed.

Jefferson moved that H. F. No. 312, now on General Orders, be re-referred to the Committee on Judiciary. The motion prevailed.

Wagenius moved that H. F. No. 842, now on General Orders, be re-referred to the Committee on Transportation and Transit. The motion prevailed.

Luther moved that H. F. No. 132 be returned to its author. The motion prevailed.

Luther moved that H. F. No. 565 be returned to its author. The motion prevailed.


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ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, March 13, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Thursday, March 13, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives