S. F. No. 173 and H. F. No. 56, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Kahn moved that the rules be so far suspended that S. F. No. 173 be substituted for H. F. No. 56 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 256 and H. F. No. 335, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Jennings moved that the rules be so far suspended that S. F. No. 256 be substituted for H. F. No. 335 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 741 and H. F. No. 1702, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

McCollum moved that the rules be so far suspended that S. F. No. 741 be substituted for H. F. No. 1702 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1383 and H. F. No. 450, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Rest moved that the rules be so far suspended that S. F. No. 1383 be substituted for H. F. No. 450 and that the House File be indefinitely postponed. The motion prevailed.

The following communications were received:

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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

H. F. No. 179, relating to drivers' licenses; providing for designation of advance health care directives on drivers' licenses and Minnesota identification cards.

H. F. No. 889, relating to housing; providing for changes in rights of parties to mobile home park rentals.

H. F. No. 949, relating to the environment; making manufacturers of electric relays or other electrical devices responsible for the waste management costs of these devices.

H. F. No. 1301, relating to local government; defining the department's classified service under a merged Saint Paul and Ramsey county department of public health.

H. F. No. 1045, relating to insurance; prohibiting a surcharge for an automobile accident in which the insured is a passenger in a bus, taxi, or commuter van.

Warmest regards,

Arne H. Carlson

Governor

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

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

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
495		57	10:50 a.m. April 28	April 28
1116		58	10:52 a.m. April 28	April 28
	211	59	10:40 a.m. April 28	April 28
	179	60	10:42 a.m. April 28	April 28
	889	61	10:43 a.m. April 28	April 28
	949	62	10:46 a.m. April 28	April 28
	1301	63	10:46 a.m. April 28	April 28
	1045	64	10:48 a.m. April 28	April 28
432		65	10:54 a.m. April 28	April 28

Sincerely,

Joan Anderson Growe
Secretary of State

Carlson from the Committee on Education to which was referred:

H. F. No. 2179, A bill for an act relating to education; formulating statewide testing and reporting system; proposing coding for new law in Minnesota Statutes, chapter 121.

Reported the same back with the following amendments:

Page 1, line 17, after the period insert "School districts also shall annually test eleventh grade students using a norm-referenced or criterion-referenced test or other performance measure that provides nationally referenced performance information. The commissioner shall implement the testing of grade 11 not later than the 1999-2000 school year."

Page 1, line 19, delete "The"

Page 1, delete lines 20 to 22 and insert "The commissioner may allow students to use the Minnesota basic skills tests in reading and mathematics to fulfill their eighth grade testing requirements."

Page 2, line 16, after "commissioner" insert "and the state board of education"

Page 2, line 23, before the semicolon, insert ", and limited English proficiency students under section 126.262, subdivision 2, who have been in the United States for fewer than 12 months and for whom a special language barrier exists, such as the student's native language has no written form or the district does not have access to interpreter services in the student's native language"

Page 2, after line 36, insert:

"(d) Districts must report exemptions under paragraph (c), clause (1), to the commissioner consistent with a format the commissioner provides."

Page 3, after line 22, insert:

"Sec. 2. [PASSING SCORE.]

(a) By September 1, 1997, the state board of education shall amend Minnesota Rules, part 3501.0180, subparts 2 and 3, to make 75 percent the passing scores for the state mathematics and reading tests for students entering the ninth grade in 1998. This amendment must be done in the manner specified in Minnesota Statutes, section 14.388, under authority of clause (3) of that section.

(b) The state board of education may subsequently amend this rule according to the provisions of Minnesota Statutes, chapter 14."

Page 3, line 23, delete "2" and insert "3"

Page 3, line 24, delete "Section 1 is" and insert "Sections 1 and 2 are"

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "requiring the state board of education to amend certain educational testing rules;"

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

The report was adopted.

S. F. Nos. 173, 256, 741 and 1383 were read for the second time.

The following House File was introduced:

Huntley, Munger, Jaros and Murphy introduced:

H. F. No. 2180, A bill for an act relating to capital improvements; authorizing the issuance of bonds for a library on the campus of the University of Minnesota, Duluth; appropriating money.

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

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 807, A bill for an act relating to taxation; making policy changes to income and withholding taxes, property taxes, mortgage registry and deed taxes, sales and use taxes, MinnesotaCare taxes, and tax collections; providing civil penalties; amending Minnesota Statutes 1996, sections 8.30; 60A.15, subdivision 1; 270.02, subdivision 3; 270.063; 270.10, subdivisions 1 and 5; 270.101, subdivisions 2, 3, and by adding a subdivision; 270.271, by adding a subdivision; 270.273, subdivision 2; 270.276, subdivision 2; 270.67, subdivision 2; 270.68, subdivision 1; 270.69, subdivision 11; 270.701, subdivisions 2 and 5; 270.708, subdivision 1; 270.721; 270.73, subdivision 1; 271.06, subdivision 2; 271.08, subdivision 1; 271.10, subdivision 2; 275.075; 287.08; 287.28; 287.31, subdivision 1; 289A.08, subdivision 3; 289A.09, subdivision 2; 289A.20, subdivisions 1 and 2; 289A.31, subdivision 1; 289A.36, subdivision 4; 289A.37, subdivision 1; 289A.40, subdivisions 1 and 2; 289A.60, subdivision 15; 290.095, subdivision 3; 290.17, subdivision 2; 290.35, subdivision 2; 290A.04, subdivision 2h; 295.50, subdivisions 3 and 14; 295.52, subdivision 4; 295.53, subdivision 4; 295.55, subdivision 2; 297A.01, by adding a subdivision; 297A.041; 297A.07, subdivision 3; 297A.24, by adding a subdivision; 297A.25, subdivisions 12 and 41; 297A.45, subdivision 4; 297B.035, subdivision 3; 297B.11; 299F.21; 515B.1-105; and 515B.1-116; Laws 1995, chapter 264, article 10, section 15; proposing coding for new law in Minnesota Statutes, chapters 270; and 287.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 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.

Patrick E. Flahaven, Secretary of the Senate

Vickerman moved that the House concur in the Senate amendments to H. F. No. 209 and that the bill be repassed as amended by the Senate. The motion prevailed.

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.

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

The question was taken on the repassage of the bill and the roll was called. There were 124 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

Mr. Speaker:

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

H. F. No. 756, A bill for an act relating to the state demographer; changing procedures for certain population and related estimates; amending Minnesota Statutes 1996, sections 4A.02; 379.02; and 414.01, subdivision 14; repealing Minnesota Statutes 1996, section 414.033, subdivision 9.

Patrick E. Flahaven, Secretary of the Senate

Hilty moved that the House concur in the Senate amendments to H. F. No. 756 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 756, A bill for an act relating to the state demographer; changing procedures for certain population and related estimates; amending Minnesota Statutes 1996, sections 4A.02; 379.02; and 414.01, subdivision 14; repealing Minnesota Statutes 1996, section 414.033, subdivision 9.

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

The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Knight

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

Mr. Speaker:

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

S. F. Nos. 1754, 1697, 92, 412 and 739.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 1754, A bill for an act relating to public finance; modifying provisions relating to the issuance of debt and the use and investment of public funds; amending Minnesota Statutes 1996, sections 118A.04, subdivision 9; 118A.05, subdivision 4; 136A.32, subdivision 7; 373.01, subdivision 3; 373.40, subdivision 7; 410.32; 412.301; 414.067, subdivision 2; 429.021, subdivision 1; 447.45, subdivision 2; 465.71; 469.0171; 469.034, subdivision 2; 469.059, subdivision 6; 469.101, subdivision 6; 469.153, subdivision 2; 469.154, subdivisions 3, and 6; 469.155, by adding a subdivision; 471.981, by adding a subdivision; 475.61, subdivision 3; 475.67, subdivision 12; and 641.23; proposing coding for new law in Minnesota Statutes, chapters 471; and 475.

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

S. F. No. 1697, A bill for an act relating to public finance; updating and clarifying bond allocation provisions; amending Minnesota Statutes 1996, sections 474A.03, subdivisions 1 and 2a; 474A.04, subdivision 1a; 474A.047, subdivision 1; 474A.061, subdivision 2b; 474A.091, subdivisions 3 and 6; and 474A.131, subdivisions 1 and 1a.

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

S. F. No. 92, A bill for an act relating to taxation; providing for disclosure or inspection of certain data or return information; limiting disclosure of certain data under subpoena; providing criminal penalties; amending Minnesota Statutes 1996, sections 270.66, subdivision 3; 270B.01, subdivision 8; 270B.03, subdivisions 1, 3, and 4; 270B.08, subdivision 1; 270B.085, subdivision 1; 270B.09; 270B.12, subdivision 7; 270B.14, subdivision 1, and by adding subdivisions; 270B.16; and 287.34; proposing coding for new law in Minnesota Statutes, chapter 270B.

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

S. F. No. 412, 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, subdivisions 7b, 8, and 9; 15A.083, subdivisions 5, 6a, and 7; 43A.17, subdivisions 1 and 3; 43A.18, subdivisions 4 and 5; 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, section 15A.081, subdivisions 1 and 7.

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

S. F. No. 739, A bill for an act relating to telecommunications; providing policies to carry out the state's role in telecommunications regulation; providing for a state policy encouraging high speed telecommunication services and greater capacity for services; providing for a single statewide local access and transport area (LATA); amending Minnesota Statutes 1996, sections 8.33, subdivision 2; 237.12, by adding a subdivision; 237.121; 237.16, subdivision 9; 237.761, subdivisions 4 and 8; 237.762, subdivisions 1, 3, and by adding a subdivision; 237.764, subdivision 1; 237.765; 237.766; and 237.769; proposing coding for new law in Minnesota Statutes, chapter 237.

The bill was read for the first time.

The following Conference Committee Report was received:

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.

April 22, 1997

The Honorable Phil Carruthers

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 5, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendments and that H. F. No. 5 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 244.09, subdivision 5, is amended to read:

Subd. 5. The commission shall, on or before January 1, 1980, promulgate sentencing guidelines for the district court. The guidelines shall be based on reasonable offense and offender characteristics. The guidelines promulgated by the commission shall be advisory to the district court and shall establish:

(1) The circumstances under which imprisonment of an offender is proper; and

(2) A presumptive, fixed sentence for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics. The guidelines may provide for an increase or decrease of up to 15 percent in the presumptive, fixed sentence.

The sentencing guidelines promulgated by the commission may also establish appropriate sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated by the commission establishing sanctions for offenders for whom imprisonment is not proper shall make specific reference to noninstitutional sanctions, including but not limited to the following: payment of fines, day fines, restitution, community work orders, work release programs in local facilities, community based residential and nonresidential programs, incarceration in a local correctional facility, and probation and the conditions thereof.

Although the sentencing guidelines are advisory to the district court, the court shall follow the procedures of the guidelines when it pronounces sentence in a proceeding to which the guidelines apply by operation of statute. Sentencing pursuant to the sentencing guidelines is not a right that accrues to a person convicted of a felony; it is a procedure based on state public policy to maintain uniformity, proportionality, rationality, and predictability in sentencing.

The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the sentencing guidelines, and the sentencing guidelines, including severity levels and criminal history scores, are not subject to review by the legislative commission to review administrative rules. However, on or before January 1, 1986, the commission shall adopt rules pursuant to sections 14.001 to 14.69 which establish procedures for the promulgation of the sentencing guidelines, including procedures for the promulgation of severity levels and criminal history scores, and these rules shall be subject to review by the legislative commission to review administrative rules.

Sec. 2. Minnesota Statutes 1996, section 244.11, is amended to read:

244.11 [APPELLATE REVIEW OF SENTENCE.]

Subdivision 1. [GENERALLY.] An appeal to the court of appeals may be taken by the defendant or the state from any sentence imposed or stayed by the district court according to the rules of criminal procedure for the district court of Minnesota. Except as otherwise provided in subdivision 3, a dismissal or a resolution of an appeal brought under this section shall not prejudice an appeal brought under any other section or rule.

Subd. 2. [PROCEDURE.] (a) When an appeal taken under this section is filed, the court administrator of the district court shall certify the transcript of the proceedings and any files or records relating to the defendant, the offense, and the sentence imposed or stayed, that the supreme court by rule or order may require.

(b) On an appeal pursuant to this section, the court may review the sentence imposed or stayed to determine whether the sentence is inconsistent with statutory requirements, unreasonable, inappropriate, excessive, unjustifiably disparate, or not warranted by the findings of fact issued by the district court. This review shall be in addition to all other powers of review presently existing. The court may dismiss or affirm the appeal, vacate or set aside the sentence imposed or stayed and direct entry of an appropriate sentence or order further proceedings to be had as the court may direct.

Subd. 3. [LIMITATION ON DEFENDANT'S RIGHT TO SEEK SENTENCE MODIFICATION.] (a) As used in this subdivision, "appeal" means:

(1) an appeal of a sentence under Rule 28 of the Rules of Criminal Procedure; and

(2) an appeal from a denial of a sentence modification motion brought under Rule 27.03, subdivision 9, of the Rules of Criminal Procedure.

(b) If a defendant agrees to a plea agreement and is given a stayed sentence, which is a dispositional departure from the presumptive sentence under the Minnesota sentencing guidelines, the defendant may appeal the sentence only if the appeal is taken:

(1) within 90 days of the date sentence was pronounced; or

(2) before the date of any act committed by the defendant resulting in revocation of the stay of sentence;

whichever occurs first.

(c) A defendant who is subject to paragraph (b) who has failed to appeal as provided in that paragraph may not file a petition for postconviction relief under chapter 590 regarding the sentence.

(d) Nothing in this subdivision shall be construed to:

(1) alter the time period provided for the state to appeal a sentence under Rule 28 of the Rules of Criminal Procedure; or

(2) affect the court's authority to correct errors under Rule 27.03, subdivision 8, of the Rules of Criminal Procedure.

Sec. 3. Minnesota Statutes 1996, section 518B.01, subdivision 14, is amended to read:

Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A person who violates an order for protection issued under this section is subject to the penalties provided in paragraphs (b) to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for protection is granted pursuant to this section, and the respondent or person to be restrained knows of the order, violation of the order for protection is a misdemeanor. Upon a misdemeanor conviction under this paragraph, the defendant must be sentenced to a minimum of three days imprisonment and must be ordered to participate in counseling or other appropriate programs selected by the court. If the court stays imposition or execution of the jail sentence and the defendant refuses or fails to comply with the court's treatment order, the court must impose and execute the stayed jail sentence. A violation of an order for protection shall also constitute contempt of court and be subject to the penalties provided in chapter 588.

(c) A person is guilty of a gross misdemeanor who knowingly violates this paragraph subdivision during the time period between a previous conviction under this paragraph subdivision; sections 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or a similar law of another state; and the end of the five years following discharge from sentence for that conviction. Upon a gross misdemeanor conviction under this paragraph, the defendant must be sentenced to a minimum of ten days imprisonment and must be ordered to participate in counseling or other appropriate programs selected by the court. Notwithstanding section 609.135, the court must impose and execute the minimum sentence provided in this paragraph for gross misdemeanor convictions.

(d) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person knowingly violates this subdivision:

(1) during the time period between the first of two or more previous convictions under this section or sections 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or a similar law of another state; and the end of the five years following discharge from sentence for that conviction; or

(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.

Upon a felony conviction under this paragraph in which the court stays imposition or execution of sentence, the court shall impose at least a 30-day period of incarceration as a condition of probation. The court also shall order that the defendant participate in counseling or other appropriate programs selected by the court. Notwithstanding section 609.135, the court must impose and execute the minimum sentence provided in this paragraph for felony convictions.

(b) (e) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order granted pursuant to this section restraining the person or excluding the person from the residence or the petitioner's place of employment, even if the violation of the order did not take place in the presence of the peace officer, if the existence of the order can be verified by the officer. The person shall be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or judicial officer. A peace officer acting in good faith and exercising due care in making an arrest pursuant to this paragraph is immune from civil liability that might result from the officer's actions.

(c) A violation of an order for protection shall also constitute contempt of court and be subject to the penalties therefor.

(e) (g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested party designated by the court, alleging that the respondent has violated any order for protection granted pursuant to this section, the court may issue an order to the respondent, requiring the respondent to appear and show cause within 14 days why the respondent should not be found in contempt of court and punished therefor. The hearing may be held by the court in any county in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. The court also shall refer the violation of the order for protection to the appropriate prosecuting authority for possible prosecution under paragraph (a) (b), (c), or (d).

(f) (h) If it is alleged that the respondent has violated an order for protection issued under subdivision 6 and the court finds that the order has expired between the time of the alleged violation and the court's hearing on the violation, the court may grant a new order for protection under subdivision 6 based solely on the respondent's alleged violation of the prior order, to be effective until the hearing on the alleged violation of the prior order. If the court finds that the respondent has violated the prior order, the relief granted in the new order for protection shall be extended for a fixed period, not to exceed one year, except when the court determines a longer fixed period is appropriate.

(g) (i) The admittance into petitioner's dwelling of an abusing party excluded from the dwelling under an order for protection is not a violation by the petitioner of the order for protection.

A peace officer is not liable under section 609.43, clause (1), for a failure to perform a duty required by paragraph (b) (e).

(h) (j) When a person is convicted of violating an order for protection under this section and the court determines that the person used a firearm in any way during commission of the violation, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant whether and for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(i) (k) Except as otherwise provided in paragraph (h) (j), when a person is convicted of violating an order for protection under this section, the court shall inform the defendant that the defendant is prohibited from possessing a pistol for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol possession prohibition or the gross misdemeanor penalty to that defendant.

(j) (l) Except as otherwise provided in paragraph (h) (j), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1996, of violating an order for protection under this section, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.

(k) (m) If the court determines that a person convicted of violating an order for protection under this section owns or possesses a firearm and used it in any way during the commission of the violation, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

Sec. 4. Minnesota Statutes 1996, section 609.11, subdivision 9, is amended to read:

Sec. 5. Minnesota Statutes 1996, section 609.748, subdivision 6, is amended to read:

Subd. 6. [VIOLATION OF RESTRAINING ORDER.] (a) A person who violates a restraining order issued under this section is subject to the penalties provided in paragraphs (b) to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary restraining order or a restraining order is granted under this section and the respondent knows of the order, violation of the order is a misdemeanor.

(c) A person is guilty of a gross misdemeanor who knowingly violates the order during the time period between a previous conviction under this subdivision; sections 609.221 to 609.224; 609.2242; 518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or 609.749; and the end of the five years following discharge from sentence for that conviction.

(d) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person knowingly violates the order:

(1) during the time period between the first of two or more previous convictions under this subdivision or sections 518B.01, subdivision 14; 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.749; and the end of the five years following discharge from sentence for that conviction;

(2) because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363.01, age, or national origin;

(3) by falsely impersonating another;

(4) while possessing a dangerous weapon;

(5) with an intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding; or

(6) against a victim under the age of 18, if the respondent is more than 36 months older than the victim.

(b) (e) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under subdivision 4 or 5 if the existence of the order can be verified by the officer.

(c) (f) A violation of a temporary restraining order or restraining order shall also constitute contempt of court.

(d) (g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested party designated by the court, alleging that the respondent has violated an order issued under subdivision 4 or 5, the court may issue an order to the respondent requiring the respondent to appear within 14 days and show cause why the respondent should not be held in contempt of court. The court also shall refer the violation of the order to the appropriate prosecuting authority for possible prosecution under paragraph (a) (b), (c), or (d).

Sec. 6. Minnesota Statutes 1996, section 609.749, subdivision 1, is amended to read:

Subdivision 1. [DEFINITION.] As used in this section, "harass" means to engage in intentional conduct in a manner that which:

(1) the actor knows or has reason to know would cause a reasonable person the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated; and

Sec. 7. Minnesota Statutes 1996, section 609.749, is amended by adding a subdivision to read:

Subd. 1a. [NO PROOF OF SPECIFIC INTENT REQUIRED.] In a prosecution under this section, the state is not required to prove that the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise provided in subdivision 3, clause (4), that the actor intended to cause any other result.

Sec. 8. Minnesota Statutes 1996, section 609.749, subdivision 2, is amended to read:

Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person who harasses another by committing any of the following acts is guilty of a gross misdemeanor:

(1) directly or indirectly manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;

(2) stalks, follows, or pursues another;

(3) returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;

(4) repeatedly makes telephone calls, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;

(5) makes or causes the telephone of another repeatedly or continuously to ring;

(6) repeatedly uses the mail mails or delivers or causes the delivery of letters, telegrams, messages, packages, or other objects; or

(7) engages in any other harassing conduct that interferes with another person or intrudes on the person's privacy or liberty.

(b) The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted either at the place where the any call is either made or where it is received. The conduct described in paragraph (a), clause (6), may be prosecuted either where the mail is deposited or where it is any letter, telegram, message, package, or other object is either sent or received.

Sec. 9. Minnesota Statutes 1996, section 609.749, subdivision 5, is amended to read:

Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who engages in a pattern of harassing conduct with respect to a single victim or one or more members of a single household in a manner that which the actor knows or has reason to know would cause a reasonable person the victim under the circumstances to feel terrorized or to fear bodily harm and that which does cause this reaction on the part of the victim, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

(b) For purposes of this subdivision, a "pattern of harassing conduct" means two or more acts within a five-year period that violate the provisions of any of the following:

(1) this section;

(2) section 609.713;

(3) section 609.224;

(4) section 609.2242;

(6) section 609.748, subdivision 6;

(7) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7);

(8) section 609.79;

(9) section 609.795;

(10) section 609.582; or

(11) section 609.595; or

(12) section 609.765.

(c) When acts constituting a violation of this subdivision are committed in two or more counties, the accused may be prosecuted in any county in which one of the acts was committed for all acts constituting the pattern.

Sec. 10. [EFFECT ON RULES OF CRIMINAL PROCEDURE.]

Rules 27 and 28 of the Rules of Criminal Procedure are superseded to the extent they conflict with Minnesota Statutes, section 244.09, subdivision 5, or 244.11.

Sec. 11. [AMENDMENT TO SENTENCING GUIDELINES.]

(a) Except as provided in paragraph (b), the sentencing guidelines commission may not amend the sentencing guidelines by adding a plea agreement to the list of factors that should not be used as a reason for departure from the presumptive sentence under the guidelines.

(b) The commission shall study the advisability of allowing a plea agreement to be used as a reason for a departure from a presumptive sentence. By December 15, 1997, the commission shall report its findings and recommendations to the chairs of the senate and house committees and divisions having jurisdiction over criminal justice policy and funding. If the commission determines that it would be advisable to modify the guidelines regarding the use of plea agreements for departures, the commission shall submit its proposed modification to the legislature before January 1 of the year the commission wishes to make the change. The modification shall be effective only if the legislature, by law, approves the modification.

Sec. 12. [EFFECTIVE DATES.]

Sections 1, 6 to 9, and 11 are effective the day following final enactment and apply to crimes committed on or after that date. Sections 2 to 5 and 10 are effective August 1, 1997, and apply to crimes committed on or after that date."

Delete the title and insert:

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

House Conferees: Mary Jo McGuire, Wesley J. "Wes" Skoglund and Dave Bishop.

Senate Conferees: Ember R. Junge, Allan H. Spear and David L. Knutson.

McGuire moved that the report of the Conference Committee on H. F. No. 5 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

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

The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 7 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Bakk	Knight	Krinkie	Rukavina	Smith	Tompkins
Workman

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

S. F. No. 839, A bill for an act relating to employment; modifying bond requirements for certain search firms; amending Minnesota Statutes 1996, section 184.30, subdivision 1.

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

H. F. No. 244 was reported to the House.

Bishop moved to amend H. F. No. 244, the third engrossment, as follows:

Page 1, line 25, delete everything after "available" and insert "for counties to adopt or amend the ordinances to comply with this section."

Page 1, delete line 26

The motion prevailed and the amendment was adopted.

Bishop moved to amend H. F. No. 244, the third engrossment, as amended, as follows:

Page 1, delete line 19

Page 1, line 20, delete everything before the period

Page 4, line 14, after "separation" insert "from groundwater or bedrock,"

Page 4, line 20, after "7" insert ", paragraphs (a) and (b)," and delete everything after the period and insert "The ordinance may provide for the immediate or eventual upgrade, replacement, repair, or discontinuation of use of noncompliant systems."

Page 4, line 29, delete "inspector" and insert "local unit of government or its agent"

Page 4, line 31, delete "subdivision 3" and insert "rule"

Page 7, after line 23, insert:

"(d) Local standards adopted under paragraph (a) or (b) must not conflict with any requirements under other state laws or rules or local ordinances, including, but not limited to, requirements for:

(1) systems in shoreland areas, regulated under sections 103F.201 to 103F.221;

(2) well construction and location, regulated under chapter 103I; and

(3) systems used in connection with food, beverage, and lodging establishments, regulated under chapter 157.

The local standards must include references to applicable requirements under other state laws or rules or local ordinances."

The motion prevailed and the amendment was adopted.

Wagenius moved to amend H. F. No. 244, the third engrossment, as amended, as follows:

Page 8, line 4, delete "evidence" and insert "satisfactory proof"

The motion prevailed and the amendment was adopted.

H. F. No. 244, A bill for an act relating to the environment; modifying requirements relating to individual sewage treatment systems; amending Minnesota Statutes 1996, section 115.55, subdivisions 2, 3, 5, 6, 7, and by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams	Evans	Kahn	Mares	Paulsen	Swenson, D.
Anderson, B.	Farrell	Kalis	Mariani	Paymar	Swenson, H.
Anderson, I.	Finseth	Kelso	Marko	Pelowski	Sykora
Bakk	Folliard	Kielkucki	McCollum	Peterson	Tingelstad
Bettermann	Garcia	Kinkel	McElroy	Pugh	Tomassoni
Biernat	Goodno	Knight	McGuire	Rest	Tompkins
Bishop	Greenfield	Knoblach	Milbert	Reuter	Trimble
Boudreau	Greiling	Koppendrayer	Molnau	Rhodes	Tuma
Bradley	Gunther	Koskinen	Mulder	Rifenberg	Tunheim
Broecker	Haas	Kraus	Mullery	Rostberg	Van Dellen
Carlson	Harder	Krinkie	Munger	Rukavina	Vickerman
Chaudhary	Hasskamp	Kubly	Murphy	Schumacher	Wagenius
Clark	Hausman	Kuisle	Ness	Seagren	Weaver
Commers	Hilty	Larsen	Nornes	Seifert	Wejcman
Journal of the House - 49th Day - Top of Page 3423
Daggett	Holsten	Leighton	Olson, E.	Sekhon	Wenzel
Davids	Huntley	Leppik	Olson, M.	Skoglund	Westrom
Dawkins	Jaros	Lieder	Opatz	Slawik	Winter
Dehler	Jefferson	Lindner	Orfield	Smith	Wolf
Dempsey	Jennings	Long	Osskopp	Solberg	Spk. Carruthers
Dorn	Johnson, A.	Luther	Osthoff	Stanek
Entenza	Johnson, R.	Macklin	Otremba	Stang
Erhardt	Juhnke	Mahon	Ozment	Sviggum

Those who voted in the negative were:

	SkareWestfall

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

S. F. No. 512 was reported to the House.

Entenza and Koppendrayer moved to amend S. F. No. 512 as follows:

Pages 4 to 6, delete section 7

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 512, A bill for an act relating to employment; making technical and administrative changes in the department of employee relations; modifying provisions governing state employment; modifying terms of certain pilot projects; requiring a study and report; amending Minnesota Statutes 1996, sections 13.67; 15.53, subdivision 2; 43A.04, subdivision 1; 43A.07, subdivision 5; 43A.08, subdivision 1; 43A.27, subdivision 3; and 43A.30, subdivisions 4 and 5; Laws 1993, chapter 301, section 1, subdivision 4; and Laws 1995, chapter 248, articles 12, section 2; and 13, sections 2, subdivisions 2, 5, and 6; and 3, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 15; and 43A; repealing Minnesota Statutes 1996, section 43A.182; and Laws 1995, chapter 248, article 10, section 12.

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

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

Those who voted in the affirmative were:

Abrams	Erhardt	Kahn	Mariani	Peterson	Tingelstad
Anderson, B.	Evans	Kalis	Marko	Pugh	Tomassoni
Anderson, I.	Farrell	Kelso	McCollum	Rest	Tompkins
Bakk	Finseth	Kielkucki	McElroy	Reuter	Trimble
Bettermann	Folliard	Kinkel	McGuire	Rhodes	Tuma
Biernat	Garcia	Knight	Milbert	Rifenberg	Tunheim
Journal of the House - 49th Day - Top of Page 3424
Bishop	Goodno	Knoblach	Molnau	Rostberg	Van Dellen
Boudreau	Greenfield	Koppendrayer	Mulder	Rukavina	Vickerman
Bradley	Greiling	Kraus	Mullery	Schumacher	Wagenius
Broecker	Gunther	Krinkie	Munger	Seagren	Weaver
Carlson	Haas	Kubly	Murphy	Seifert	Wejcman
Chaudhary	Harder	Kuisle	Ness	Skare	Wenzel
Clark	Hasskamp	Larsen	Olson, M.	Skoglund	Westfall
Commers	Hausman	Leighton	Opatz	Slawik	Westrom
Daggett	Hilty	Leppik	Orfield	Smith	Winter
Davids	Holsten	Lieder	Osskopp	Solberg	Wolf
Dawkins	Huntley	Lindner	Osthoff	Stanek	Workman
Dehler	Jaros	Long	Otremba	Stang	Spk. Carruthers
Delmont	Jefferson	Luther	Ozment	Sviggum
Dempsey	Jennings	Macklin	Paulsen	Swenson, D.
Dorn	Johnson, A.	Mahon	Paymar	Swenson, H.
Entenza	Johnson, R.	Mares	Pelowski	Sykora

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

S. F. No. 951, A bill for an act relating to county officers; authorizing the county board to assign certain duties of the county auditor and treasurer; proposing coding for new law in Minnesota Statutes, chapter 375A.

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

The bill was passed and its title agreed to.

S. F. No. 1037, A bill for an act relating to Scott county; permitting the appointment of the auditor, recorder, and treasurer; providing for a reverse referendum.

The question was taken on the passage of the bill and the roll was called. There were 112 yeas and 20 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Kielkucki	Kuisle	Mulder	Sviggum	Workman
Bettermann	Knight	Larsen	Nornes	Swenson, H.
Dehler	Knoblach	Lindner	Paymar	Westrom
Gunther	Krinkie	Molnau	Rostberg

The bill was passed and its title agreed to.

S. F. No. 1669, A bill for an act relating to Benton county; permitting the combining of the offices of auditor and treasurer and appointment to the combined office and to the offices of recorder and coroner; providing for completion of current terms and for a reverse referendum; providing for the reorganization of certain duties and terms of office.

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 82 yeas and 49 nays as follows:

Those who voted in the affirmative were:

Bakk	Finseth	Johnson, R.	Macklin	Osthoff	Solberg
Biernat	Folliard	Juhnke	Mahon	Otremba	Stang
Bishop	Garcia	Kahn	Mariani	Paulsen	Swenson, D.
Bradley	Goodno	Kalis	Marko	Paymar	Tomassoni
Carlson	Greenfield	Kelso	McCollum	Pelowski	Trimble
Chaudhary	Greiling	Kinkel	McGuire	Peterson	Tunheim
Clark	Gunther	Koppendrayer	Milbert	Pugh	Vickerman
Dawkins	Hasskamp	Koskinen	Mullery	Rest	Wagenius
Delmont	Hausman	Kraus	Munger	Rukavina	Wejcman
Dempsey	Huntley	Kubly	Murphy	Schumacher	Winter
Dorn	Jaros	Leighton	Ness	Sekhon	Wolf
Entenza	Jefferson	Lieder	Olson, E.	Skare	Spk. Carruthers
Evans	Jennings	Long	Opatz	Skoglund
Farrell	Johnson, A.	Luther	Orfield	Slawik

Those who voted in the negative were:

Abrams	Dehler	Kuisle	Osskopp	Stanek	Wenzel
Anderson, B.	Erhardt	Larsen	Ozment	Sviggum	Westfall
Anderson, I.	Haas	Leppik	Reuter	Swenson, H.	Westrom
Bettermann	Harder	Lindner	Rhodes	Sykora	Workman
Boudreau	Holsten	McElroy	Rifenberg	Tingelstad
Broecker	Kielkucki	Molnau	Rostberg	Tompkins
Commers	Knight	Mulder	Seagren	Tuma
Daggett	Knoblach	Nornes	Seifert	Van Dellen
Davids	Krinkie	Olson, M.	Smith	Weaver

The bill was passed and its title agreed to.

S. F. No. 612 was reported to the House.

Trimble, Paymar, Mariani, Hausman, Dawkins, Osthoff and Entenza moved to amend S. F. No. 612 as follows:

Page 2, line 22, delete "This act takes" and insert "Sections 1 to 4 take"

Page 2, after line 25, insert:

"Sec. 6. [CITY OF ST. PAUL; COUNCIL MEMBERS; TERM OF OFFICE.]

Nothing in the provisions of Minnesota Statutes, section 205.07, subdivision 1, nor any other law shall be construed to amend, modify, or affect the provisions of section 2.02 of the charter of the city of St. Paul.

Sec. 7. [EFFECTIVE DATE.]

Section 6 is effective only after its approval by a majority of the governing body of the city of St. Paul and upon compliance with the provisions of Minnesota Statutes, section 645.021."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 612, A bill for an act relating to Washington county; permitting the appointment of the recorder and auditor/treasurer.

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

The question was taken on the passage of the bill and the roll was called. There were 92 yeas and 38 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Evans	Johnson, R.	Mariani	Paulsen	Swenson, D.
Bakk	Farrell	Juhnke	Marko	Paymar	Sykora
Biernat	Finseth	Kahn	McCollum	Pelowski	Tomassoni
Bishop	Folliard	Kalis	McElroy	Peterson	Tompkins
Bradley	Garcia	Koppendrayer	McGuire	Pugh	Trimble
Carlson	Goodno	Koskinen	Milbert	Rest	Tuma
Chaudhary	Greenfield	Kraus	Mullery	Rhodes	Tunheim
Clark	Greiling	Kubly	Munger	Rukavina	Vickerman
Journal of the House - 49th Day - Top of Page 3427
Commers	Haas	Leighton	Murphy	Schumacher	Wejcman
Daggett	Hasskamp	Leppik	Ness	Seagren	Winter
Dawkins	Hausman	Lieder	Olson, E.	Sekhon	Wolf
Delmont	Huntley	Long	Opatz	Skare	Spk. Carruthers
Dempsey	Jaros	Luther	Orfield	Skoglund
Dorn	Jefferson	Macklin	Osskopp	Slawik
Entenza	Jennings	Mahon	Osthoff	Solberg
Erhardt	Johnson, A.	Mares	Otremba	Stang

Those who voted in the negative were:

Abrams	Gunther	Krinkie	Olson, M.	Stanek	Westfall
Anderson, B.	Harder	Kuisle	Ozment	Sviggum	Westrom
Bettermann	Holsten	Larsen	Reuter	Swenson, H.	Workman
Boudreau	Kielkucki	Lindner	Rifenberg	Tingelstad
Broecker	Kinkel	Molnau	Rostberg	Van Dellen
Davids	Knight	Mulder	Seifert	Weaver
Dehler	Knoblach	Nornes	Smith	Wenzel

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

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

S. F. No. 890; H. F. No. 1863; S. F. Nos. 1155, 36, 351, 574, 457 and 950; H. F. No. 254; and S. F. Nos. 513, 536 and 1146.

S. F. No. 890, A bill for an act relating to motor vehicles; providing for regulation and licensing of motor vehicle brokers; amending Minnesota Statutes 1996, section 168.27, subdivisions 1, 2, 10, 11, 12, 19a, 24, and by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 8 nays as follows:

Those who voted in the affirmative were:

Journal of the House - 49th Day - Top of Page 3428
Abrams	Farrell	Kalis	Marko	Pawlenty	Stang
Anderson, I.	Finseth	Kelso	McCollum	Paymar	Swenson, D.
Bakk	Folliard	Kielkucki	McElroy	Pelowski	Swenson, H.
Bettermann	Garcia	Kinkel	McGuire	Peterson	Sykora
Biernat	Goodno	Knoblach	Milbert	Pugh	Tingelstad
Bishop	Greenfield	Koppendrayer	Molnau	Rest	Tomassoni
Bradley	Greiling	Koskinen	Mulder	Reuter	Tompkins
Broecker	Gunther	Kraus	Mullery	Rhodes	Trimble
Carlson	Haas	Kubly	Munger	Rifenberg	Tuma
Chaudhary	Harder	Kuisle	Murphy	Rostberg	Tunheim
Clark	Hasskamp	Larsen	Ness	Rukavina	Van Dellen
Commers	Hausman	Leighton	Nornes	Schumacher	Vickerman
Daggett	Hilty	Leppik	Olson, E.	Seagren	Wagenius
Davids	Huntley	Lieder	Olson, M.	Seifert	Weaver
Dawkins	Jaros	Lindner	Opatz	Sekhon	Wejcman
Dehler	Jefferson	Long	Orfield	Skare	Wenzel
Delmont	Jennings	Luther	Osskopp	Skoglund	Westfall
Dempsey	Johnson, A.	Macklin	Osthoff	Slawik	Westrom
Dorn	Johnson, R.	Mahon	Otremba	Smith	Winter
Entenza	Juhnke	Mares	Ozment	Solberg	Wolf
Evans	Kahn	Mariani	Paulsen	Stanek	Spk. Carruthers

Those who voted in the negative were:

Anderson, B.	Erhardt	Knight	Sviggum	Workman
Boudreau	Holsten	Krinkie

The bill was passed and its title agreed to.

H. F. No. 1863 was reported to the House.

Vickerman moved to amend H. F. No. 1863, the third engrossment, as follows:

Page 2, line 13, delete "January 15, 1998" and insert "December 15, 1997"

The motion prevailed and the amendment was adopted.

H. F. No. 1863, A bill for an act relating to agriculture; establishing task force to make recommendations on modifications to the agricultural marketing and bargaining law.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Juhnke	Mariani	Pawlenty	Swenson, D.
Anderson, B.	Evans	Kahn	Marko	Paymar	Swenson, H.
Anderson, I.	Farrell	Kalis	McCollum	Pelowski	Sykora
Bakk	Finseth	Kelso	McElroy	Peterson	Tingelstad
Bettermann	Folliard	Kielkucki	McGuire	Pugh	Tomassoni
Biernat	Garcia	Kinkel	Milbert	Rest	Tompkins
Journal of the House - 49th Day - Top of Page 3429
Bishop	Goodno	Knoblach	Molnau	Reuter	Trimble
Boudreau	Greenfield	Koppendrayer	Mulder	Rhodes	Tuma
Bradley	Greiling	Koskinen	Mullery	Rifenberg	Tunheim
Broecker	Gunther	Kraus	Munger	Rostberg	Van Dellen
Carlson	Haas	Kubly	Murphy	Rukavina	Vickerman
Chaudhary	Harder	Kuisle	Ness	Schumacher	Wagenius
Clark	Hasskamp	Larsen	Nornes	Seagren	Weaver
Commers	Hausman	Leighton	Olson, E.	Seifert	Wejcman
Daggett	Hilty	Leppik	Olson, M.	Sekhon	Wenzel
Davids	Holsten	Lieder	Opatz	Skare	Westfall
Dawkins	Huntley	Lindner	Orfield	Skoglund	Westrom
Dehler	Jaros	Long	Osskopp	Slawik	Winter
Delmont	Jefferson	Luther	Osthoff	Smith	Wolf
Dempsey	Jennings	Macklin	Otremba	Solberg	Workman
Dorn	Johnson, A.	Mahon	Ozment	Stanek	Spk. Carruthers
Entenza	Johnson, R.	Mares	Paulsen	Stang

Those who voted in the negative were:

Knight	Krinkie	Sviggum

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

S. F. No. 1155, 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, subdivision 4; and 245.4881, subdivision 4; repealing Minnesota Statutes 1996, section 245.4711, 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 133 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

S. F. No. 36, A bill for an act relating to hospital districts, authorizing hospital districts to provide support services to certain persons not in need of nursing home care; authorizing a study of assisted living financing; amending Minnesota Statutes 1996, sections 447.33; 447.34, subdivision 1; and 447.45, subdivision 2.

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 134 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

S. F. No. 351 was reported to the House.

Greiling and Leppik moved to amend S. F. No. 351 as follows:

Page 5, reinstate line 24

Page 5, line 25, reinstate everything before "commission"

Page 5, line 26, reinstate everything after "rules"

Page 5, line 26, after "rules" insert "reference library"

Page 11, reinstate line 17

Page 11, line 18, reinstate everything before "commission"

Page 11, line 19, reinstate everything after "rules"

Page 11, line 19, after "rules" insert "reference library"

S. F. No. 351, A bill for an act relating to administrative rules; assigning responsibility for legislative review of administrative rules to the legislative coordinating commission; abolishing authority to suspend rules without enactment of a statute; amending Minnesota Statutes 1996, sections 3.841; 3.842, subdivisions 2 and 4a; 3.843; 14.05, subdivision 5; 14.131; 14.14, subdivision 1a; 14.15, subdivision 4; 14.18, subdivision 1; 14.19; 14.22, subdivision 1; 14.225; 14.23; 14.26, subdivisions 1 and 3; and 14.47, subdivision 6; repealing Minnesota Statutes 1996, sections 3.842, subdivisions 4, 5, 6, and 7; 3.844; 3.845; and 15.065.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

	KnightKrinkie

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

S. F. No. 574, A bill for an act relating to game and fish; permitting certain angling assistance without a license; amending Minnesota Statutes 1996, section 97A.441, by adding a subdivision.

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	Erhardt	Kalis	Mariani	Pawlenty	Sviggum
Anderson, B.	Evans	Kelso	Marko	Paymar	Swenson, D.
Anderson, I.	Farrell	Kielkucki	McCollum	Pelowski	Swenson, H.
Bakk	Finseth	Kinkel	McElroy	Peterson	Sykora
Bettermann	Folliard	Knight	McGuire	Pugh	Tingelstad
Biernat	Garcia	Knoblach	Milbert	Rest	Tomassoni
Bishop	Goodno	Koppendrayer	Molnau	Reuter	Tompkins
Boudreau	Greenfield	Koskinen	Mulder	Rhodes	Trimble
Bradley	Greiling	Kraus	Mullery	Rifenberg	Tuma
Broecker	Gunther	Krinkie	Munger	Rostberg	Tunheim
Carlson	Haas	Kubly	Murphy	Rukavina	Van Dellen
Chaudhary	Harder	Kuisle	Ness	Schumacher	Vickerman
Clark	Hasskamp	Larsen	Nornes	Seagren	Wagenius
Commers	Hausman	Leighton	Olson, E.	Seifert	Weaver
Daggett	Hilty	Leppik	Olson, M.	Sekhon	Wejcman
Davids	Huntley	Lieder	Opatz	Skare	Wenzel
Dawkins	Jaros	Lindner	Orfield	Skoglund	Westfall
Dehler	Jefferson	Long	Osskopp	Slawik	Westrom
Journal of the House - 49th Day - Top of Page 3432
Delmont	Jennings	Luther	Osthoff	Smith	Winter
Dempsey	Johnson, A.	Macklin	Otremba	Solberg	Wolf
Dorn	Juhnke	Mahon	Ozment	Stanek	Workman
Entenza	Kahn	Mares	Paulsen	Stang	Spk. Carruthers

The bill was passed and its title agreed to.

S. F. No. 457 was reported to the House.

McGuire moved to amend S. F. No. 457 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 13.99, subdivision 50, is amended to read:

Subd. 50. [RECORDS OF MENTAL HEALTH AND SOCIAL WORK DISCIPLINARY ACTION.] The administrative records of disciplinary action taken by a the board under chapter 148B of social work are sealed upon judicial review as provided in classified under section 148B.10 148B.285.

Sec. 2. Minnesota Statutes 1996, section 148B.01, subdivision 4, is amended to read:

Subd. 4. [BOARD OF MARRIAGE AND FAMILY THERAPY.] "Board of marriage and family therapy" means the board of marriage and family therapy established in section 148B.30.

Sec. 3. Minnesota Statutes 1996, section 148B.01, subdivision 7, is amended to read:

Subd. 7. [LICENSEE.] "Licensee" means a person licensed by the board of social work or the board of marriage and family therapy.

Sec. 4. Minnesota Statutes 1996, section 148B.03, is amended to read:

148B.03 [APPLICABILITY.]

Sec. 5. Minnesota Statutes 1996, section 148B.04, subdivision 2, is amended to read:

Subd. 2. [CONTESTED CASE PROCEEDINGS.] Upon application of a party in a contested case proceeding before a the board, the board shall produce and permit the inspection and copying, by or on behalf of the moving party, of any designated documents or papers relevant to the proceedings, in accordance with rule 34, Minnesota rules of civil procedure.

Sec. 6. Minnesota Statutes 1996, section 148B.04, subdivision 3, is amended to read:

Subd. 3. [INFORMATION ON DISCIPLINARY ACTIONS.] If a the board imposes disciplinary measures or takes disciplinary action of any kind, the name and business address of the licensee, the nature of the misconduct, and the action taken by the board, including all settlement agreements and other board orders, are public data.

Sec. 7. Minnesota Statutes 1996, section 148B.04, subdivision 4, is amended to read:

Subd. 4. [EXCHANGE OF INFORMATION.] The boards board shall exchange information with other boards, agencies, or departments within the state, as required under section 214.10, subdivision 8, paragraph (d).

Sec. 8. Minnesota Statutes 1996, section 148B.06, subdivision 3, is amended to read:

Subd. 3. [INFORMATION REQUIRED.] The boards board shall require all licensees or applicants to provide their social security number and Minnesota business identification number on all license applications. Upon request of the commissioner of revenue, the board of social work and the board of marriage and family therapy must provide to the commissioner of revenue a list of all licensees and applicants, including the name and address, social security number, and business identification number. The commissioner of revenue may request a list of the licensees and applicants no more than once each calendar year.

Sec. 9. Minnesota Statutes 1996, section 148B.07, is amended to read:

148B.07 [REPORTING OBLIGATIONS.]

Subdivision 1. [PERMISSION TO REPORT.] A person who has knowledge of any conduct constituting grounds for disciplinary action relating to licensure or unlicensed practice under this chapter may report the violation to the appropriate board.

Subd. 2. [INSTITUTIONS.] A state agency, political subdivision, agency of a local unit of government, private agency, hospital, clinic, prepaid medical plan, or other health care institution or organization located in this state shall report to the appropriate board any action taken by the agency, institution, or organization or any of its administrators or medical or other committees to revoke, suspend, restrict, or condition a licensee's privilege to practice or treat patients or clients in the institution, or as part of the organization, any denial of privileges, or any other disciplinary action for conduct that might constitute grounds for disciplinary action by a the board under this chapter. The institution or organization shall also report the resignation of any licensees prior to the conclusion of any disciplinary action proceeding for conduct that might constitute grounds for disciplinary action under this chapter, or prior to the commencement of formal charges but after the licensee had knowledge that formal charges were contemplated or in preparation.

Subd. 3. [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A state or local professional society or association for licensees shall forward to the appropriate board any complaint received concerning the ethics or conduct of the practice which the board regulates. The society or association shall forward a complaint to the appropriate board upon receipt of the complaint. The society or association shall also report to the appropriate board any disciplinary action taken against a member.

Subd. 5. [INSURERS.] Four times each year as prescribed by a the board, each insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), and providing professional liability insurance to licensees, or the medical joint underwriting association under chapter 62F, shall submit to the appropriate board a report concerning the licensees against whom malpractice settlements or awards have been made to the plaintiff. The report must contain at least the following information:

(1) the total number of malpractice settlements or awards made;

(2) the date the malpractice settlements or awards were made;

(3) the allegations contained in the claim or complaint leading to the settlements or awards made;

(4) the dollar amount of each malpractice settlement or award;

(5) the regular address of the practice of the licensee against whom an award was made or with whom a settlement was made; and

(6) the name of the licensee against whom an award was made or with whom a settlement was made.

The insurance company shall, in addition to the above information, report to the board any information it possesses that tends to substantiate a charge that a licensee may have engaged in conduct violating this chapter.

Subd. 6. [COURTS.] The court administrator of district court or any other court of competent jurisdiction shall report to the board any judgment or other determination of the court that adjudges or includes a finding that a licensee is mentally ill, mentally incompetent, guilty of a felony, guilty of a violation of federal or state narcotics laws or controlled substances act, or guilty of an abuse or fraud under Medicare or Medicaid; or that appoints a guardian of the licensee pursuant to sections 525.54 to 525.61 or commits a licensee pursuant to chapter 253B.

Subd. 7. [SELF-REPORTING.] A licensee shall report to the appropriate board or to the office of mental health practice any personal action that would require that a report be filed by any person, health care facility, business, or organization pursuant to subdivisions 2 to 6.

Subd. 8. [DEADLINES; FORMS.] Reports required by subdivisions 2 to 7 must be submitted not later than 30 days after the occurrence of the reportable event or transaction. The boards board and the office of mental health practice may provide forms for the submission of reports required by this section, may require that reports be submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate reporting.

Subd. 9. [SUBPOENAS.] The boards board and the office of mental health practice may issue subpoenas for the production of any reports required by subdivisions 2 to 7 or any related documents.

Sec. 10. Minnesota Statutes 1996, section 148B.08, subdivision 2, is amended to read:

Subd. 2. [INVESTIGATION.] Members of the boards of social work and marriage and family therapy board and persons employed by the boards board or engaged in the investigation of violations and in the preparation and management of charges of violations of this chapter on behalf of the boards board, are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under this chapter.

Sec. 11. Minnesota Statutes 1996, section 148B.18, is amended by adding a subdivision to read:

Subd. 2a. [APPLICANT.] "Applicant" means a person who has submitted an application, with the appropriate fee, for licensure by the board.

Sec. 12. Minnesota Statutes 1996, section 148B.18, is amended by adding a subdivision to read:

Sec. 13. Minnesota Statutes 1996, section 148B.18, subdivision 4, is amended to read:

Subd. 4. [COUNTY AGENCY SOCIAL WORKER.] "County agency social worker" means an individual who is employed by a county social service agency in Minnesota in social work practice or clinical social work.

Sec. 14. Minnesota Statutes 1996, section 148B.18, is amended by adding a subdivision to read:

Subd. 4a. [LICENSEE.] "Licensee" means a person licensed by the board.

Sec. 15. Minnesota Statutes 1996, section 148B.18, subdivision 5, is amended to read:

Subd. 5. [STATE AGENCY SOCIAL WORKER.] "State agency social worker" means an individual who is employed by a state social service agency in Minnesota in social work practice or clinical social work.

Sec. 16. Minnesota Statutes 1996, section 148B.18, subdivision 11, is amended to read:

Subd. 11. [SOCIAL WORK PRACTICE.] (a) "Social work practice" includes is the application of psychosocial social work theory and, knowledge, methods in the prevention, treatment, or resolution of social and/or psychological dysfunction caused by environmental stress, interpersonal or intrapersonal conflict, physical or mental disorders, or a combination of these causes, and ethics to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities, with particular attention to the person-in-situation person-in-environment configuration.

Social work practice also includes but is not limited to psychotherapy, which is restricted to social workers qualified to practice psychotherapy as defined in subdivision 9. For the following four categories of licensure, social work practice also includes the following action:

(a) Licensed social workers evaluate and assess difficulties in psychosocial functioning, develop a treatment plan to alleviate those difficulties, and either carry it out themselves or refer clients to other qualified resources for assistance. Treatment interventions commonly include but are not limited to psychosocial evaluation; counseling of individuals, families, and groups; advocacy; referral to community resources; and facilitation of organizational change to meet social needs.

(b) Licensed graduate social workers and licensed independent social workers evaluate and treat more complex problems in psychosocial functioning. Treatment interventions include but are not limited to psychosocial evaluation; counseling of individuals, families, and groups; referral to community resources; advocacy; facilitation of organizational change to meet social needs; and psychotherapy when conducted under supervision as defined in subdivision 12.

(b) For all levels of licensure, social work practice includes assessment, treatment planning and evaluation, case management, information and referral, counseling, advocacy, teaching, research, supervision, consultation, community organization, and the development, implementation, and administration of policies, programs, and activities.

(c) For persons licensed at the licensed independent clinical social workers provide professional services for worker level, and for persons licensed at either the licensed graduate social worker or the licensed independent social worker level who practice social work under the supervision of a licensed independent clinical social worker, social work practice includes the diagnosis, and treatment, and prevention of mental and emotional disorders in individuals, families, and groups, with the goal of restoring, maintaining, and enhancing social functioning. The treatment interventions include, but are not limited to, those listed for licensed graduate and licensed independent social workers plus of mental and emotional disorders includes the provision of individual, marital, and group psychotherapy without supervision. Independent clinical social work practice may be conducted by independent clinical social workers in private independent practice or in the employ of a public or private agency or corporation or other legal entity.

Sec. 17. [148B.185] [APPLICABILITY.]

Sections 148B.18 to 148B.289 apply to all applicants and licensees, to all persons practicing social work with clients in this state, and to persons engaged in the unauthorized practice of social work.

Sec. 18. Minnesota Statutes 1996, section 148B.19, subdivision 1, is amended to read:

Subdivision 1. [CREATION.] The board of social work is created. The board consists of 11 15 members appointed by the governor. The members are:

(1) eight ten social workers licensed under sections 148B.18 to 148B.28 148B.289; and

(2) three five public members as defined in section 214.02.

Sec. 19. Minnesota Statutes 1996, section 148B.19, subdivision 2, is amended to read:

Subd. 2. [QUALIFICATIONS OF BOARD MEMBERS.] Five of the eight social worker members of the board shall be as follows: two licensed independent clinical social workers, two licensed independent social workers, and four licensed social workers licensed at the baccalaureate level of licensure and five shall be licensed at the master's level of licensure.

Eight of the social worker members shall be engaged in the practice of social work in Minnesota in the following settings:

(1) one member shall be engaged in the practice of social work in a state agency;

(2) one member shall be engaged in the practice of social work in a county agency;

(3) two members shall be engaged in the practice of social work in a private agency;

(4) one member shall be engaged in the practice of social work in a private clinical social work setting;

(5) one member shall be an educator engaged in regular teaching duties at an accredited program of social work;

(6) one member shall be engaged in the practice of social work in an elementary, middle, or secondary school, as defined in section 120.05, and licensed by the board of teaching; and

(7) one member shall be employed in a hospital or nursing home licensed under chapter 144 or 144A.

In addition, at least three five members shall be persons with expertise in communities of color and at least four six members shall reside outside of the seven-county metropolitan area.

Sec. 20. Minnesota Statutes 1996, section 148B.19, subdivision 4, is amended to read:

Subd. 4. [OFFICERS AND EXECUTIVE SECRETARY DIRECTOR.] The board shall annually elect from its membership a chair, vice-chair, and secretary-treasurer, and shall adopt rules to govern its proceedings. The board shall appoint and employ an executive secretary director who is not a member of the board.

Sec. 21. Minnesota Statutes 1996, section 148B.20, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] The board of social work shall:

(a) Adopt and enforce rules for licensure of social workers and for regulation of their professional conduct. The rules must be designed to protect the public.

(c) Hold examinations at least twice a year to assess applicants' knowledge and skills. The examinations may be written or oral and may be administered by the board or by a body designated by the board. Examinations must test the knowledge and skills of each of the four groups of social workers qualified under section 148B.21 to practice social work. Examinations must minimize cultural bias and must be balanced in theory.

(d) Issue licenses to individuals qualified under sections 148B.18 to 148B.28 148B.289.

(e) Issue copies of the rules for licensure to all applicants.

(f) Establish and implement procedures, including a standard disciplinary process, to ensure that individuals licensed as social workers will comply with the board's rules.

(g) Establish, maintain, and publish annually a register of current licensees.

(h) Establish initial and renewal application and examination fees sufficient to cover operating expenses of the board and its agents.

(i) Educate the public about the existence and content of the rules for social work licensing to enable consumers to file complaints against licensees who may have violated the rules.

(j) (i) Evaluate its rules in order to refine the standards for licensing social workers and to improve the methods used to enforce the board's standards.

Sec. 22. Minnesota Statutes 1996, section 148B.20, is amended by adding a subdivision to read:

Subd. 3. [DUTIES OF THE BOARD.] The board shall by rule establish fees, including late fees, for licenses and renewals so that the total fees collected by the board will as closely as possible equal anticipated expenditures during the fiscal biennium, as provided in section 16A.1285. Fees must be credited to accounts in the special revenue fund.

Sec. 23. Minnesota Statutes 1996, section 148B.21, subdivision 3, is amended to read:

Subd. 3. [SOCIAL WORKER.] To be licensed as a social worker, an applicant must provide evidence satisfactory to the board that the applicant:

(1) has received a baccalaureate degree from an accredited program of social work;

(2) has passed the examination provided for in section 148B.20, subdivision 1;

(3) will engage in social work practice only under supervision as defined in section 148B.18, subdivision 12, for at least two years in full-time employment or 4,000 hours of part-time employment;

(4) will conduct all professional activities as a social worker in accordance with standards for professional conduct established by the statutes and the rules of the board; and

(5) has not engaged in conduct warranting a disciplinary action against a licensee. If the applicant has engaged in conduct warranting disciplinary action against a licensee, the board may issue a license only on the applicant's showing that the public will be protected through the issuance of a license with conditions or limitations approved by the board.

Sec. 24. Minnesota Statutes 1996, section 148B.21, subdivision 4, is amended to read:

Subd. 4. [GRADUATE SOCIAL WORKER.] To be licensed as a graduate social worker, an applicant must provide evidence satisfactory to the board that the applicant:

(2) has passed the examination provided for in section 148B.20, subdivision 1;

(3) will engage in social work practice only under supervision as defined in section 148B.18, subdivision 12;

(4) will conduct all professional activities as a graduate social worker in accordance with standards for professional conduct established by the statutes and rules of the board; and

(5) has not engaged in conduct warranting a disciplinary action against a licensee. If the applicant has engaged in conduct warranting disciplinary action against a licensee, the board may issue a license only on the applicant's showing that the public will be protected through the issuance of a license with conditions or limitations approved by the board.

Sec. 25. Minnesota Statutes 1996, section 148B.21, subdivision 5, is amended to read:

Subd. 5. [INDEPENDENT SOCIAL WORKER.] To be licensed as an independent social worker, an applicant must provide evidence satisfactory to the board that the applicant:

(1) has received a master's degree from an accredited program of social work or doctoral degree in social work;

(2) has passed the examination provided for in section 148B.20, subdivision 1;

(3) has practiced social work for at least two years in full-time employment or 4,000 hours of part-time employment under supervision as defined in section 148B.18, subdivision 12, after receiving the master's or doctoral degree in social work;

(4) will conduct all professional activities as an independent social worker in accordance with standards for professional conduct established by the statutes and rules of the board; and

(5) has not engaged in conduct warranting a disciplinary action against a licensee. If the applicant has engaged in conduct warranting disciplinary action against a licensee, the board may issue a license only on the applicant's showing that the public will be protected through the issuance of a license with conditions or limitations approved by the board.

Sec. 26. Minnesota Statutes 1996, section 148B.21, subdivision 6, is amended to read:

Subd. 6. [INDEPENDENT CLINICAL SOCIAL WORKER.] To be licensed as an independent clinical social worker, an applicant must provide evidence satisfactory to the board that the applicant:

(1) has received a master's degree from an accredited program of social work, or doctoral degree in social work, that included an advanced concentration of clinically oriented course work as defined by the board and a supervised clinical field placement at the graduate level, or post-master's clinical training that is found by the board to be equivalent to that course work and field placement;

(2) has practiced clinical social work for at least two years in full-time employment or 4,000 hours of part-time employment under supervision as defined in section 148B.18, subdivision 12, after receiving the master's or doctoral degree in social work;

(3) has passed the examination provided for in section 148B.20, subdivision 1;

(4) will conduct all professional activities as an independent clinical social worker in accordance with standards for professional conduct established by the statutes and rules of the board; and

Sec. 27. Minnesota Statutes 1996, section 148B.21, is amended by adding a subdivision to read:

Subd. 6a. [BACKGROUND CHECKS.] The board shall request a criminal history background check from the superintendent of the bureau of criminal apprehension on all applicants for initial licensure. An application for a license under this section must be accompanied by:

(1) an executed criminal history consent form; and

(2) a personal check, money order, or cashier's check payable to the bureau of criminal apprehension for the fee for conducting the criminal history background check.

Sec. 28. Minnesota Statutes 1996, section 148B.21, subdivision 7, is amended to read:

Subd. 7. [ESTABLISHMENT OF CANDIDACY STATUS TEMPORARY PERMIT.] (a) The board may issue a practice temporary permit to practice social work to an applicant in the following situations, provided the applicant meets all other requirements for licensure:

(1) the applicant has applied to take the first examination for licensure given by the board following either graduation or anticipated graduation from an passed the licensure examination and the applicant's accredited program of social work; or has submitted an affidavit on a form provided by the board verifying the applicant's completion of the requirements for a degree. The affidavit must be submitted within 15 days of the date of completion of the degree requirements. The temporary permit under this clause is valid for six months, or until a license is issued, whichever comes first, and is nonrenewable;

(2) the applicant is licensed or certified to practice social work in Minnesota or another jurisdiction, meets the requirements in section 148B.24, is intending to establish a practice in Minnesota before being able to take the next examination for licensure given by the board, and has applied to take the same examination. has applied for licensure under section 148B.24 and the board determines that the applicant must pass the licensure examination before being licensed. The temporary permit under this clause is valid if the applicant passes the examination and completes the licensure process within the time periods specified by the board, and is nonrenewable; or

(b) The practice permit is valid until the board takes final action on the application, which shall occur within 60 days of the board's receipt of the applicant's examination results. The board, at its discretion, may extend the practice permit if the applicant fails to pass or take the examination. If the board determines that an extension of the practice permit is not warranted, the applicant must cease practicing social work immediately.

(3) the applicant has passed the licensure examination, has graduated from a program of social work in candidacy status with the Council on Social Work Education, and the program of social work has submitted an affidavit on a form provided by the board verifying the applicant's completion of the requirements for a degree. The affidavit must be submitted within 15 days of the date of completion of the degree requirements. The temporary permit under this clause is valid for six months, and may be extended at the board's discretion upon a showing that the social work program remains in good standing with the Council on Social Work Education. If the board receives notice from the Council on Social Work Education that the program of social work is not in good standing or that accreditation will not be granted to the program of social work, then the temporary permit shall be invalid immediately and the applicant shall not qualify for licensure.

(c) (b) An applicant who obtains a practice temporary permit, and who has applied for a level of licensure which requires supervision upon licensure, may practice social work only under the supervision of a licensed social worker who is eligible to provide supervision under section 148B.18, subdivision 12. The applicant's supervisor must provide evidence to the board, before the applicant is approved by the board for licensure, that the applicant has practiced social work under supervision. This supervision will not apply toward the supervision requirement required after licensure.

Sec. 29. Minnesota Statutes 1996, section 148B.215, is amended to read:

148B.215 [CONTESTED CASE HEARING.]

An applicant or a licensee who is the subject of an adverse action by the board may request a contested case hearing under chapter 14. An applicant or a licensee who desires to request a contested case hearing must submit a written request to the board within 90 days of receipt of the date on which the board mailed the notification of the adverse action, or within 90 days of August 1, 1992, whichever date occurs later.

Sec. 30. Minnesota Statutes 1996, section 148B.22, is amended by adding a subdivision to read:

Subd. 3. [BACKGROUND CHECKS.] The board shall request a criminal history background check from the superintendent of the bureau of criminal apprehension on all licensees under its jurisdiction who did not complete a criminal history background check as part of an application for initial licensure. This background check is a one-time requirement. An application for a license under this section must be accompanied by:

(1) an executed criminal history consent form; and

(2) a personal check, money order, or cashier's check payable to the bureau of criminal apprehension for the fee for conducting the criminal history background check.

Sec. 31. Minnesota Statutes 1996, section 148B.26, subdivision 1, is amended to read:

Subdivision 1. [GROUNDS.] The following conduct is grounds for the board may refuse to renew or to grant a license to, or may suspend, revoke, or restrict the license of an individual whom the board, after a hearing under the contested case provisions of chapter 14, determines:

(1) is incompetent to engage in social work practice, is found to be engaged in social work practice in a manner harmful or dangerous to a client or to the public, or is found to have engaged in unprofessional conduct, as established by statute, rule, or a consensus of expert social work opinion as reasonably necessary for the protection of the public interest;

(2) has violated the rules of the board, the statutes the board is empowered to enforce, or any other law that is related to the practice of social work;

(3) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation; or

(4) has knowingly made a false statement on a form required by the board for licensing or license renewal. to deny or not renew a temporary permit or license, to take disciplinary or other action against a license as provided for in section 148B.281, or to take corrective action against a licensee as provided for in chapter 214:

(1) engaging in any conduct which violates any statute or rule enforced by the board, or any other law that is related to the practice of social work;

(2) violating any order issued by the board;

(3) practicing outside the scope of practice authorized by this chapter for each level of licensure;

(4) failing to demonstrate the qualifications or satisfy the requirements for licensure, with the burden of proof on the applicant to demonstrate the qualifications or the satisfaction of the requirements;

(5) obtaining a temporary permit, license, or license renewal by fraud, bribery, or cheating, or attempting to subvert the examination process;

(7) having been the subject of revocation, suspension, or surrender of a social work or related license or of other adverse action related to a social work or related license in another jurisdiction or country;

(8) failing to report the revocation, suspension, or surrender of a social work or related license or other adverse action related to a social work or related license in another jurisdiction or country, failing to report that a complaint or other charges regarding the person's license have been brought in this or another jurisdiction or country, or having been refused a license by any other jurisdiction or country;

(9) engaging in unprofessional conduct or any other conduct which has the potential for causing harm to the public, including any departure from or failure to conform to the minimum standards of acceptable and prevailing practice without actual injury having to be established;

(10) engaging in unethical conduct or conduct likely to deceive, defraud, or harm the public, demonstrating a willful or careless disregard for the health, welfare, or safety of a client, or engaging in a practice which is professionally incompetent with proof of actual injury not having to be established;

(11) being adjudicated by a court of competent jurisdiction, within or without this state, as incapacitated, mentally incompetent or mentally ill, chemically dependent, mentally ill and dangerous to the public, or a psychopathic personality;

(12) being unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals or any other materials, or as a result of any mental or physical condition;

(13) engaging in improper or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws;

(14) obtaining money, property, or services from a client through the use of undue influence, harassment, duress, deception, or fraud or through the improper use of a professional position;

(15) engaging in sexual contact, as defined in section 148A.01, with a client or conduct that is or may reasonably be interpreted by the client as sexual, engaging in verbal behavior that is or may be reasonably be interpreted as sexually seductive or sexually demeaning to a client, or engaging in conduct that violates section 617.23;

(16) being convicted, including a finding or verdict of guilt, whether or not the adjudication of guilt is withheld or not entered, an admission of guilt, or a no contest plea, of a crime against a minor;

(17) being convicted, including a finding or verdict of guilt, whether or not the adjudication of guilt is withheld or not entered, an admission of guilt, or a no contest plea of a felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social work, as evidenced by a certified copy of the conviction;

(18) engaging in an unfair discriminatory practice prohibited by chapter 363 of an employee of the applicant, licensee, or facility in which the applicant or licensee practices;

(19) engaging in false, fraudulent, deceptive, or misleading advertising; or

(20) revealing a privileged communication from or relating to a client except when otherwise required or permitted by law.

Sec. 32. Minnesota Statutes 1996, section 148B.26, is amended by adding a subdivision to read:

Sec. 33. Minnesota Statutes 1996, section 148B.27, subdivision 1, is amended to read:

Subdivision 1. [PRACTICE.] After the board adopts rules, No individual shall engage in social work practice unless that individual holds a valid temporary permit or a license as a licensed social worker, licensed graduate social worker, licensed independent social worker, or licensed independent clinical social worker.

Sec. 34. Minnesota Statutes 1996, section 148B.27, subdivision 2, is amended to read:

Subd. 2. [USE OF TITLES.] After the board adopts rules, No individual shall be presented to the public by any title incorporating the words "social work" or "social worker" unless that individual holds a valid temporary permit or a license issued under sections 148B.18 to 148B.28 148B.289. City, county, and state agency social workers who are not licensed under sections 148B.18 to 148B.28 148B.289 may use only the title city agency social worker or county agency social worker or state agency social worker.

Sec. 35. Minnesota Statutes 1996, section 148B.28, subdivision 1, is amended to read:

Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 148B.18 to 148B.28 148B.289 shall be construed to prevent members of other professions or occupations from performing functions for which they are qualified or licensed. This exception includes but is not limited to licensed physicians; registered nurses; licensed practical nurses; psychological practitioners; probation officers; members of the clergy; attorneys; marriage and family therapists; chemical dependency counselors; professional counselors; school counselors; and registered occupational therapists or certified occupational therapist assistants. These persons must not, however, hold themselves out to the public by any title or description stating or implying that they are engaged in the practice of social work, or that they are licensed to engage in the practice of social work. Persons engaged in the practice of social work are not exempt from the board's jurisdiction solely by the use of one of the above titles.

Sec. 36. Minnesota Statutes 1996, section 148B.28, subdivision 4, is amended to read:

Subd. 4. [CITY, COUNTY, AND STATE AGENCY SOCIAL WORKERS.] The licensing of city, county, and state agency social workers shall be voluntary. City, county, and state agencies employing social workers shall not be required to employ licensed social workers, nor shall they require their social worker employees to be licensed.

Sec. 37. [148B.281] [COMPLAINTS; INVESTIGATION AND HEARING.]

Subdivision 1. [DISCOVERY; SUBPOENAS.] In all matters relating to its lawful regulatory activities, the board may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents, and other evidentiary material. Any person failing or refusing to appear to testify regarding any matter about which the person may be lawfully questioned or failing to produce any papers, books, records, documents, or other evidentiary materials in the matter to be heard, after having been required by order of the board or by a subpoena of the board to do so may, upon application to the district court in any district, be ordered to comply with the subpoena or order. Any board member may administer oaths to witnesses or take their affirmation. Depositions may be taken within or without the state in the manner provided by law for the taking of depositions in civil actions. A subpoena or other process or paper may be served upon a person it names anywhere within the state by any officer authorized to serve subpoenas or other process or paper in civil actions in the same manner as prescribed by law for service of process issued out of the district court of this state.

Subd. 2. [CLASSIFICATION OF DATA.] The board shall maintain any records, other than client records, obtained as part of an investigation, as investigative data under section 13.41. Client records are classified as private under chapter 13, and must be protected as such in the records of the board and in administrative or judicial proceedings unless the client authorizes the board in writing to make public the identity of the client or a portion or all of the client's records.

dependency evaluation when ordered to do so in writing by the board and to have waived all objections to the admissibility of the examiner's or evaluator's testimony or reports on the grounds that the testimony or reports constitute a privileged communication.

Subd. 4. [FAILURE TO SUBMIT TO AN EXAMINATION.] Failure to submit to an examination or evaluation when ordered, unless the failure was due to circumstances beyond the control of the applicant or licensee, constitutes an admission that the applicant or licensee violated chapter 214 or a statute or rule enforced by the board, based on the factual specifications in the examination or evaluation order, and may result in an application being denied or a default and final disciplinary order being entered without the taking of testimony or other evidence. If a contested case hearing is requested, the only issues to be determined at the hearing are whether the designated board member had probable cause to issue the examination or evaluation order and whether the failure to submit was due to circumstances beyond the control of the applicant or licensee. Neither the record of a proceeding under this subdivision nor the orders entered by the board are admissible, subject to subpoena, or to be used against the applicant or licensee in a proceeding in which the board is not a party or decision maker. Information obtained under this subdivision is classified as private under chapter 13 and the orders issued by the board as the result of an applicant's or a licensee's failure to submit to an examination or evaluation are classified as public.

Subd. 5. [ACCESS TO DATA AND RECORDS.] In addition to ordering a physical or mental examination or chemical dependency evaluation and notwithstanding section 13.42, 144.651, 595.02, or any other law limiting access to medical or other health records, the board may obtain data and health records relating to an applicant or licensee without the applicant's or licensee's consent if the board has probable cause to believe that an applicant or licensee has engaged in conduct prohibited by chapter 214 or a statute or rule enforced by the board. An applicant, licensee, insurance company, health care facility, provider as defined in section 144.335, subdivision 1, paragraph (b), or government agency shall comply with any written request of the board under this subdivision and is not liable in any action for damages for releasing the data requested by the board if the data are released in accordance with a written request made under this subdivision, unless the information is false and the person or entity giving the information knew or had reason to know that the information was false. Information on individuals obtained under this section is investigative data under section 13.41.

Subd. 6. [FORMS OF DISCIPLINARY ACTION.] When grounds for disciplinary action exist under chapter 214 or a statute or rule enforced by the board, it may take one or more of the following disciplinary actions:

(1) deny the right to practice;

(2) revoke the right to practice;

(3) suspend the right to practice;

(4) impose limitations on the practice of the licensee;

(5) impose conditions on the practice of the licensee;

(6) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of the civil penalty to be fixed so as to deprive the licensee of any economic advantage gained by reason of the violation charged, or to discourage repeated violations;

(7) impose a fee to reimburse the board for all or part of the cost of the proceedings resulting in disciplinary action including, but not limited to, the amount paid by the board for services from the office of administrative hearings, attorney fees, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and expense incurred by board members and staff;

(8) censure or reprimand the licensee;

(9) require the passing of the examination provided for in section 148B.20, subdivision 1; or

Subd. 7. [CENSURE OR REPRIMAND.] (a) In addition to the board's authority to issue a censure or a reprimand to a licensee, a designated board member reviewing a complaint as provided for in chapter 214 may issue a censure or a reprimand to a licensee. The censure or reprimand shall notify the licensee that the censure or reprimand will become final disciplinary action unless the licensee requests a hearing within 14 days.

(b) If the licensee requests a timely hearing, the committee shall either schedule a hearing or withdraw the censure or reprimand. The hearing shall be de novo before the board, provided that the designated board member who issued the censure or reprimand shall not deliberate or vote. Evidence shall be received only in form of affidavits or other documents except for testimony by the licensee or other witnesses whose testimony the board chair has authorized for good cause. If testimony is authorized, it shall be subject to cross-examination. After the hearing, the board shall affirm or dismiss the censure or reprimand, or direct the committee to initiate a contested case proceeding pursuant to chapter 14.

Subd. 8. [TEMPORARY SUSPENSION.] In addition to any other remedy provided by law, the board may, acting through its designated board member and without a hearing, temporarily suspend the right of a licensee to practice if the board member finds that the licensee has violated a statute or rule that the board is empowered to enforce and that continued practice by the licensee would create a serious risk of harm to others. The suspension is in effect upon service of a written order on the licensee specifying the statute or rule violated. The order remains in effect until the board issues a final order in the matter after a hearing or upon agreement between the board and the licensee. Service of the order is effective if the order is served on the licensee or counsel of record personally or by first class mail to the most recent address provided to the board for the licensee or the counsel of record. Within ten days of service of the order, the board shall hold a hearing before its own members on the sole issue of whether there is a reasonable basis to continue, modify, or lift the suspension. Evidence presented by the board or licensee may be in affidavit form only. The licensee or the counsel of record may appear for oral argument. Within five working days after the hearing, the board shall issue its order and, if the suspension is continued, schedule a contested case hearing within 45 days after issuance of the order. The administrative law judge shall issue a report within 30 days after closing of the contested case hearing record. The board shall issue a final order within 30 days after receipt of that report.

Subd. 9. [AUTOMATIC SUSPENSION; RESTORATION.] The right to practice is automatically suspended if (1) a guardian of a licensee is appointed by order of a court under sections 525.54 to 525.61, or (2) the licensee is committed by order of a court pursuant to chapter 253B. The right to practice remains suspended until the licensee is restored to capacity by a court and, upon petition by the licensee, the suspension is terminated by the board after a hearing or upon agreement between the board and the licensee. In its discretion, the board may restore and reissue permission to provide services, but as a condition of the permission may impose a disciplinary or corrective measure that it might originally have imposed.

Subd. 10. [ADDITIONAL REMEDIES.] The board may in its own name issue a cease and desist order to stop a person from engaging in an unauthorized practice or violating or threatening to violate a statute, rule, or order which the board has issued or is empowered to enforce. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the board and is not reviewable by a court or agency.

A hearing must be initiated by the board not later than 30 days from the date of the board's receipt of a written hearing request. Within 30 days of receipt of the administrative law judge's report, the board shall issue a final order modifying, vacating, or making permanent the cease and desist order as the facts require. The final order remains in effect until modified or vacated by the board.

When a request for a stay accompanies a timely hearing request, the board may, in its discretion, grant the stay. If the board does not grant a requested stay, it shall refer the request to the office of administrative hearings within three working days of receipt of the request. Within ten days after receiving the request from the board, an administrative law judge shall issue a recommendation to grant or deny the stay. The board shall grant or deny the stay within five days of receiving the administrative law judge's recommendation.

Subd. 11. [INJUNCTIVE RELIEF.] In addition to any other remedy provided by law, including the issuance of a cease and desist order under subdivision 1, the board may in its own name bring an action in Ramsey county district court for injunctive relief to restrain any unauthorized practice or violation or threatened violation of any statute, rule, or order which the board is empowered to regulate, enforce, or issue. A temporary restraining order must be granted in the proceeding if continued activity by a licensee would create a serious risk of harm to others. The board need not show irreparable harm.

Subd. 12. [ADDITIONAL POWERS.] The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a licensee from criminal prosecution by a competent authority or from disciplinary action by the board. Nothing in this section limits the board's authority to seek injunctive relief under section 214.11.

Subd. 13. [PENDING APPEAL.] A suspension, revocation, condition, limitation, qualification, or restriction of an individual's license or right to practice is in effect pending determination of an appeal unless the court, upon petition and for good cause shown, orders otherwise.

Sec. 38. [148B.282] [PROFESSIONAL COOPERATION.]

An applicant or a licensee who is the subject of an investigation, or who is questioned in connection with an investigation, by or on behalf of the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation, providing copies of client and other records in the applicant's or licensee's possession relating to the matter under investigation and executing releases for records, as reasonably requested by the board, and appearing at conferences or hearings scheduled by the board. The board shall pay for copies requested. The board shall be allowed access to any records of a client provided services by the applicant or licensee under review. If the client has not signed a consent permitting access to the client's records, the applicant or licensee shall delete any data in the record that identifies the client before providing them to the board. The board shall maintain any records obtained pursuant to this section as investigative data pursuant to chapter 13.

Sec. 39. [148B.283] [REPORTING OBLIGATIONS.]

Subdivision 1. [PERMISSION TO REPORT.] A person who has knowledge of any conduct by an applicant or a licensee which may constitute grounds for disciplinary action under this chapter or the rules of the board or of any unlicensed practice under this chapter may report the violation to the board.

Subd. 2. [INSTITUTIONS.] A state agency, political subdivision, agency of a local unit of government, private agency, hospital, clinic, prepaid medical plan, or other health care institution or organization located in this state shall report to the board any action taken by the agency, institution, or organization or any of its administrators or medical or other committees to revoke, suspend, restrict, or condition an applicant's or a licensee's privilege to practice or treat patients or clients in the institution, or as part of the organization, any denial of privileges, or any other disciplinary action for conduct that might constitute grounds for disciplinary action by the board under this chapter. The institution or organization shall also report the resignation of any applicants or licensees prior to the conclusion of any disciplinary action proceeding for conduct that might constitute grounds for disciplinary action under this chapter, or prior to the commencement of formal charges but after the applicant or licensee had knowledge that formal charges were contemplated or in preparation.

Subd. 3. [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A state or local professional society or association for licensees shall forward to the board any complaint received concerning the ethics or conduct of the practice which the board regulates. The society or association shall forward a complaint to the board upon receipt of the complaint. The society or association shall also report to the board any disciplinary action taken against a member.

Subd. 4. [LICENSED PROFESSIONALS.] (a) A licensed health professional shall report to the board information on the following conduct by an applicant or a licensee:

(1) sexual contact or sexual conduct with a client or a former client;

(2) failure to make reports required by section 626.556 or 626.557;

(4) improper or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws;

(5) fraud in the licensure application process or any other false statements made to the board;

(6) conviction of a felony reasonably related to the practice of social work, including conviction of the psychotherapist sex crimes in chapter 609; and

(7) a violation of a board order.

(b) A licensed health professional shall also report to the board information on any other conduct by an applicant or a licensee that constitutes grounds for disciplinary action under this chapter or the rules of the board when the licensed health professional reasonably believes, after appropriate assessment, that the client's functioning has been or likely will be affected negatively by the conduct, regardless of whether the conduct has ceased.

(c) Notwithstanding paragraphs (a) and (b), a licensed health professional shall report to the board knowledge of any actions which institutions must report under subdivision 2.

Subd. 5. [REPORTING OTHER LICENSED PROFESSIONALS.] An applicant or a licensee shall report to the appropriate board conduct by a licensed health professional which would constitute grounds for disciplinary action under the chapter governing the practice of the other licensed health professional and which is required by law to be reported to the same board.

Subd. 6. [INSURERS AND OTHER ENTITIES MAKING LIABILITY PAYMENTS.] (a) Four times each year as prescribed by the board, each insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), and providing professional liability insurance to licensees, or the medical joint underwriting association under chapter 62F, shall submit to the board a report concerning the licensees against whom malpractice settlements or awards have been made to the plaintiff. The report must contain at least the following information:

(1) the total number of malpractice settlements or awards made;

(2) the date the malpractice settlements or awards were made;

(3) the allegations contained in the claim or complaint leading to the settlements or awards made;

(4) the dollar amount of each malpractice settlement or award;

(5) the regular address of the practice of the licensee against whom an award was made or with whom a settlement was made; and

(6) the name of the licensee against whom an award was made or with whom a settlement was made.

(b) A medical clinic, hospital, political subdivision, or other entity which makes professional liability insurance payments on behalf of applicants or licensees shall submit to the board a report concerning malpractice settlements or awards paid on behalf of applicants or licensees, and any settlements or awards paid by a clinic, hospital, political subdivision, or other entity on its own behalf because of care rendered by applicants or licensees. This requirement excludes forgiveness of bills. The report shall be made to the board within 30 days of payment of all or part of any settlement or award.

(c) The insurance company or other entity making professional liability insurance payments shall, in addition to the information in paragraph (b), report to the board any information it possesses that tends to substantiate a charge, including the factual data underlying a settlement, that an applicant or a licensee may have engaged in conduct violating this chapter.

Subd. 8. [SELF-REPORTING.] An applicant or a licensee shall report to the board any personal action that would require that a report be filed by any person, health care facility, business, or organization pursuant to subdivisions 2 to 7.

Subd. 9. [DEADLINES; FORMS.] Reports required by subdivisions 2 to 8 must be submitted not later than 30 days after the occurrence of the reportable event or transaction. The board may provide forms for the submission of reports required by this section, may require that reports be submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate reporting.

Subd. 10. [SUBPOENAS.] The board may issue subpoenas for the production of any reports required by subdivisions 2 to 8 or any related documents.

Sec. 40. [148B.284] [IMMUNITY.]

Subdivision 1. [REPORTING.] Any person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting in good faith a report under section 148B.283 or for otherwise reporting, providing information, or testifying about violations or alleged violations of this chapter. The reports are classified under section 13.41.

Subd. 2. [INVESTIGATION.] Board members and employees; persons engaged on behalf of the board in the investigation of violations and in the preparation, presentation, and management of and testimony pertaining to charges of violations; and persons engaged in monitoring compliance with statutes, rules, board orders, or corrective action agreements are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under this chapter.

Sec. 41. [148B.285] [DISCLOSURE.]

Subdivision 1. [CONTESTED CASE PROCEEDINGS.] (a) Upon application of a party in a board hearing or a contested case hearing before the board, the board shall produce and permit the inspection and copying, by or on behalf of the moving party, of any designated documents or papers relevant to the proceedings, in accordance with rule 34, Minnesota rules of civil procedure.

(b) The board hearing or contested case hearing shall be open to the public, except that the board or administrative law judge shall close the hearing for testimony by clients, and testimony and argument about clients.

(c) Notwithstanding section 13.41, information which may identify a client, client records, and licensee health records are private data during the contested case hearing, as part of the hearing record, and as part of any appellate or other court record.

(d) Clients may waive the protections afforded by this subdivision.

Subd. 2. [INFORMATION ON DISCIPLINARY ACTIONS.] If the board imposes disciplinary measures or takes disciplinary action of any kind, the name and business address of the licensee, the nature of the misconduct, and the action taken by the board, including all settlement agreements and other board orders, are public data.

Subd. 3. [EXCHANGE OF INFORMATION.] The board shall exchange information with other boards, agencies, or departments within the state, as required under section 214.10, subdivision 8, paragraph (d).

Subd. 4. [INFORMATION TO THE COMPLAINANT.] The board shall furnish to a person who made a complaint a statement of the result of an investigation of the complaint and a description of the activities and actions of the board relating to the complaint.

Subd. 6. [PUBLICATION OF DISCIPLINARY ACTIONS.] At least annually, each board shall publish and release to the public a description of all disciplinary measures or actions taken by the board. The publication must include, for each disciplinary measure or action taken, the name and business address of the licensee, the nature of the misconduct, and the measure or action taken by the board.

Sec. 42. [148B.286] [PROFESSIONAL ACCOUNTABILITY.]

Subdivision 1. [INVESTIGATION.] The board shall maintain and keep current a file containing the reports and complaints filed against applicants or licensees within the board's jurisdiction. Each complaint filed with the board pursuant to chapter 214 must be investigated according to chapter 214. If the files maintained by the board show that a malpractice settlement or award to the plaintiff has been made against an applicant or a licensee as reported by insurers under section 148B.283, the executive director of the board shall notify the board and the board may authorize a review of the provider's practice.

Subd. 2. [ATTORNEY GENERAL INVESTIGATES.] When the board initiates a review of an applicant's or a licensee's practice it shall notify the attorney general who shall investigate the matter in the same manner as provided in chapter 214. If an investigation is to be made, the attorney general shall notify the applicant or licensee, and, if the incident being investigated occurred there, the administrator and chief of staff at the health care facilities or clinics in which the professional serves, if applicable.

Subd. 3. [ACCESS TO RECORDS.] The board shall be allowed access to any records of a client provided services by the applicant or licensee under review. If the client has not signed a consent permitting access, the applicant, licensee, or custodian of the records shall first delete the client's name or other client identifiers before providing the records to the board.

Sec. 43. [148B.287] [MALPRACTICE HISTORY.]

Subdivision 1. [SUBMISSION.] Licensees or applicants for licensure who have previously practiced in another state shall submit with their application the following information:

(1) number, date, and disposition of any malpractice settlement or award made relating to the quality of services provided by the licensee or applicant; and

(2) number, date, and disposition of any civil litigations or arbitrations relating to the quality of services provided by the licensee or applicant in which the party complaining against the licensee or applicant prevailed or otherwise received a favorable decision or order.

Subd. 2. [BOARD ACTION.] The board shall give due consideration to the information submitted under this section. A licensee or applicant for licensure who willfully submits incorrect information is subject to disciplinary action under this chapter.

Sec. 44. [148B.288] [EVIDENCE OF PAST SEXUAL CONDUCT.]

In a proceeding for the suspension or revocation of the right to practice or other disciplinary or adverse action involving sexual contact with a client or former client, the board or administrative law judge shall not consider evidence of the client's previous sexual conduct nor shall any reference to this conduct be made during the proceedings or in the findings, except by motion of the complainant, unless the evidence would be admissible under the applicable provisions of section 609.347, subdivision 3.

Sec. 45. [148B.289] [TAX CLEARANCE CERTIFICATE.]

not owe the state any uncontested delinquent taxes. For purposes of this section, "taxes" means all taxes payable to the commissioner of revenue, including penalties and interest due on those taxes. "Delinquent taxes" do not include a tax liability if (1) an administrative or court action that contests the amount or validity of the liability has been filed or served, (2) the appeal period to contest the tax liability has not expired, or (3) the licensee or applicant has entered into a payment agreement to pay the liability and is current with the payments.

Subd. 2. [HEARING.] In lieu of the notice and hearing requirements of section 148B.281, when a licensee or applicant is required to obtain a clearance certificate under this subdivision, a contested case hearing must be held if the licensee or applicant requests a hearing in writing to the commissioner of revenue within 30 days of the date of the notice required in subdivision 1. The hearing must be held within 45 days of the date the commissioner of revenue refers the case to the office of administrative hearings. Notwithstanding any other law, the licensee or applicant must be served with 20 days' notice in writing specifying the time and place of the hearing and the allegations against the licensee or applicant. The notice may be served personally or by mail.

Subd. 3. [INFORMATION REQUIRED.] The board shall require all licensees or applicants to provide their social security number and Minnesota business identification number on all license applications. Upon request of the commissioner of revenue, the board must provide to the commissioner of revenue a list of all licensees and applicants, including the name and address, social security number, and business identification number. The commissioner of revenue may request a list of the licensees and applicants no more than once each calendar year.

Sec. 46. [EXEMPTION CLARIFICATION.]

The board of social work may grant a license pursuant to Minnesota Statutes 1996, section 148B.23, subdivision 1, to a person who applied for licensure under that section by June 30, 1996, and submitted verification of having practiced social work in a hospital or nursing home operated by the United States Department of Veterans Affairs or by a federally recognized tribe.

Sec. 47. [REVISOR'S INSTRUCTION.]

The revisor shall change "148B.28" to "148B.289" in Minnesota Statutes, sections 144A.46; 148B.18; 148B.19; 148B.22; 148B.27; and 148B.60.

Sec. 48. [REPEALER.]

Minnesota Statutes 1996, sections 148B.01, subdivision 3; 148B.18, subdivisions 6 and 7; 148B.19, subdivision 3; and 148B.23, are repealed.

Sec. 49. [EFFECTIVE DATE.]

Sections 28 and 46 are effective on the day following final enactment."

The motion prevailed and the amendment was adopted.

S. F. No. 457, A bill for an act relating to professions; modifying provisions relating to the board of social work; providing civil penalties; amending Minnesota Statutes 1996, sections 13.99, subdivision 50; 148B.01, subdivisions 4 and 7; 148B.03; 148B.04, subdivisions 2, 3, and 4; 148B.06, subdivision 3; 148B.07; 148B.08, subdivision 2; 148B.18, subdivisions 4, 5, 11, and by adding subdivisions; 148B.19, subdivisions 1, 2, and 4; 148B.20, subdivision 1, and by adding a subdivision; 148B.21, subdivisions 3, 4, 5, 6, 7, and by adding a subdivision; 148B.215; 148B.22, by adding a subdivision; 148B.26, subdivision 1, and by adding a subdivision; 148B.27, subdivisions 1 and 2; and 148B.28, subdivisions 1 and 4; proposing coding for new law in Minnesota Statutes, chapter 148B; repealing Minnesota Statutes 1996, sections 148B.01, subdivision 3; 148B.18, subdivisions 6 and 7; 148B.19, subdivision 3; and 148B.23.

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

	KnightKrinkie

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

S. F. No. 950, A bill for an act relating to education; adopting working group recommendations for conducting teacher background checks; amending Minnesota Statutes 1996, section 120.1045.

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

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Juhnke	Mares	Pawlenty	Swenson, D.
Anderson, B.	Evans	Kalis	Mariani	Paymar	Swenson, H.
Anderson, I.	Farrell	Kelso	Marko	Peterson	Sykora
Bakk	Finseth	Kielkucki	McCollum	Pugh	Tingelstad
Bettermann	Folliard	Kinkel	McElroy	Rest	Tomassoni
Biernat	Garcia	Knight	McGuire	Reuter	Tompkins
Bishop	Goodno	Knoblach	Milbert	Rhodes	Trimble
Boudreau	Greenfield	Koppendrayer	Molnau	Rifenberg	Tuma
Bradley	Greiling	Koskinen	Mulder	Rostberg	Tunheim
Broecker	Gunther	Kraus	Mullery	Rukavina	Van Dellen
Carlson	Haas	Krinkie	Munger	Schumacher	Vickerman
Chaudhary	Harder	Kubly	Murphy	Seagren	Weaver
Journal of the House - 49th Day - Top of Page 3451
Clark	Hasskamp	Kuisle	Ness	Seifert	Wejcman
Commers	Hausman	Larsen	Nornes	Sekhon	Wenzel
Daggett	Hilty	Leighton	Olson, E.	Skare	Westfall
Davids	Holsten	Leppik	Olson, M.	Skoglund	Westrom
Dawkins	Huntley	Lieder	Opatz	Slawik	Winter
Dehler	Jaros	Lindner	Orfield	Smith	Wolf
Delmont	Jefferson	Long	Osskopp	Solberg	Workman
Dempsey	Jennings	Luther	Osthoff	Stanek	Spk. Carruthers
Dorn	Johnson, A.	Macklin	Ozment	Stang
Entenza	Johnson, R.	Mahon	Paulsen	Sviggum

The bill was passed and its title agreed to.

H. F. No. 254 was reported to the House.

Rifenberg moved to amend H. F. No. 254, the first engrossment, as follows:

Page 2, line 34, after "district" insert "and Houston county"

Amend the title as follows:

Page 1, line 4, after "district" insert "and Houston county"

The motion prevailed and the amendment was adopted.

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

Jefferson, Wejcman, Clark, Garcia, Kahn and Orfield moved to amend H. F. No. 254, the first engrossment, as amended, as follows:

Page 2, line 34, delete "in the fourth judicial district"

Amend the title as follows:

Page 1, lines 3 and 4, delete "in the fourth judicial district"

A roll call was requested and properly seconded.

The question was taken on the Jefferson et al amendment and the roll was called. There were 69 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Farrell	Johnson, A.	Macklin	Osthoff	Sviggum
Anderson, I.	Folliard	Juhnke	Mariani	Otremba	Tomassoni
Bakk	Garcia	Kahn	Marko	Ozment	Trimble
Bettermann	Goodno	Kelso	McCollum	Pawlenty	Wagenius
Bishop	Greenfield	Kielkucki	Milbert	Pelowski	Wejcman
Bradley	Greiling	Kinkel	Molnau	Peterson	Wenzel
Journal of the House - 49th Day - Top of Page 3452
Carlson	Gunther	Knight	Mulder	Rest	Westrom
Clark	Hausman	Koppendrayer	Mullery	Rukavina	Winter
Commers	Hilty	Kuisle	Ness	Schumacher	Workman
Dehler	Holsten	Larsen	Nornes	Seagren
Delmont	Jaros	Leighton	Olson, M.	Slawik
Entenza	Jefferson	Long	Osskopp	Solberg

Those who voted in the negative were:

Abrams	Evans	Kraus	Munger	Seifert	Tompkins
Biernat	Finseth	Krinkie	Murphy	Sekhon	Tuma
Boudreau	Haas	Kubly	Olson, E.	Skare	Tunheim
Broecker	Harder	Leppik	Opatz	Skoglund	Van Dellen
Chaudhary	Hasskamp	Lieder	Paulsen	Smith	Vickerman
Daggett	Huntley	Lindner	Paymar	Stanek	Weaver
Davids	Jennings	Luther	Pugh	Stang	Westfall
Dawkins	Johnson, R.	Mahon	Reuter	Swenson, D.	Wolf
Dempsey	Kalis	Mares	Rhodes	Swenson, H.	Spk. Carruthers
Dorn	Knoblach	McElroy	Rifenberg	Sykora
Erhardt	Koskinen	McGuire	Rostberg	Tingelstad

The motion prevailed and the amendment was adopted.

H. F. No. 254, as amended, was read for the third time.

Skoglund moved that the action whereby H. F. No. 254, the first engrossment, as amended, was given its third reading be now reconsidered. The motion prevailed.

Skoglund moved to amend H. F. No. 254, the first engrossment, as amended, as follows:

Page 2, line 34, delete "and Houston county"

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 254, A bill for an act relating to courts; providing for open juvenile court hearings in certain proceedings in the fourth judicial district; providing certain juvenile records are open to public inspection as provided by the rules of juvenile court; amending Minnesota Statutes 1996, sections 260.155, subdivision 1; and 260.161, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 84 yeas and 49 nays as follows:

Those who voted in the affirmative were:

Abrams	Entenza	Juhnke	McCollum	Pawlenty	Tingelstad
Anderson, B.	Erhardt	Kahn	McElroy	Pelowski	Trimble
Bettermann	Evans	Kinkel	McGuire	Peterson	Tuma
Biernat	Farrell	Knoblach	Molnau	Rest	Tunheim
Journal of the House - 49th Day - Top of Page 3453
Bishop	Folliard	Koppendrayer	Mulder	Reuter	Van Dellen
Bradley	Garcia	Kraus	Mullery	Rhodes	Vickerman
Carlson	Goodno	Kuisle	Ness	Rifenberg	Wagenius
Chaudhary	Greenfield	Leppik	Nornes	Schumacher	Weaver
Clark	Greiling	Lindner	Olson, M.	Seagren	Wenzel
Commers	Gunther	Long	Opatz	Skoglund	Westrom
Davids	Haas	Luther	Osskopp	Slawik	Winter
Dehler	Hasskamp	Macklin	Otremba	Stanek	Wolf
Delmont	Hilty	Mahon	Ozment	Sviggum	Workman
Dempsey	Jefferson	Marko	Paulsen	Sykora	Spk. Carruthers

Those who voted in the negative were:

Anderson, I.	Hausman	Kielkucki	Mariani	Rukavina	Tomassoni
Bakk	Holsten	Knight	Milbert	Seifert	Tompkins
Boudreau	Huntley	Koskinen	Munger	Sekhon	Wejcman
Broecker	Jaros	Krinkie	Murphy	Skare	Westfall
Daggett	Jennings	Kubly	Olson, E.	Smith
Dawkins	Johnson, A.	Larsen	Osthoff	Solberg
Dorn	Johnson, R.	Leighton	Paymar	Stang
Finseth	Kalis	Lieder	Pugh	Swenson, D.
Harder	Kelso	Mares	Rostberg	Swenson, H.

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

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

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

The Speaker resumed the Chair.

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

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

S. F. No. 1894, A bill for an act relating to flood relief; providing an exception to the nursing home moratorium; providing for early payment of state aids to local governments; appropriating money; amending Minnesota Statutes 1996, section 144A.071, subdivision 4a.

Reported the same back with the following amendments:

Page 9, line 20, before the period, insert "; or

(y) to license and certify a total replacement project of up to 129 beds located in Polk county that are relocated from a nursing home destroyed by flood and whose residents were relocated to other nursing homes. The operating cost payment rates for the new nursing facility shall be determined based on the interim and settle-up payment provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of section 256B.431, except that subdivision 25, paragraphs (b), clause (3), and (d), shall not apply until the second rate year after the settle-up cost report is filed. Property-related reimbursement rates shall be determined under Minnesota Rules, chapter 9549, and section 256B.431, taking into account any federal or state flood-related loans or grants provided to the facility"

Page 9, after line 20, insert:

"Sec. 2. [TEMPORARY AUTHORITY TO SUSPEND RULES.]

Notwithstanding any law to the contrary, for fiscal years 1997 and 1998, an agency, with the approval of the governor, may temporarily suspend specific agency rules as necessary to expedite flood recovery effort. The suspension of rules must be confined to geographic areas affected by flooding within counties included in a federal disaster declaration and to the minimum periods of times necessary to deal with the emergency situation. The agency must promptly report the reasons for and the impact of any suspended rules to the chairs of the legislative committees that oversee the policy and budgetary affairs of the agency and to the chairs of the legislative committees on governmental operations. This section expires February 1, 1998.

Sec. 3. [TEMPORARY WAIVER OF FEES.]

Notwithstanding any law to the contrary, for fiscal years 1997 and 1998, an agency, with the approval of the governor, may waive fees that would otherwise be charged for agency services. The waiver of fees must be confined to geographic areas affected by flooding within counties included in a federal disaster declaration and to the minimum periods of times necessary to deal with the emergency situation. The agency must promptly report the reasons for and the impact of any suspended fees to the chairs of the legislative committees that oversee the policy and budgetary affairs of the agency. This section expires February 1, 1998.

Sec. 4. [FEDERAL FUNDS.]

State agencies may apply for any federal funds available for flood relief. Notwithstanding Minnesota Statutes, section 3.3005, the commissioner of finance may submit the request to receive and spend federal funds to the legislative advisory commission required under Minnesota Statutes, section 3.3005, any time after the application is made for those funds. If a recommendation is not made within five days, no further review by the legislative advisory commission is required, and the commissioner shall approve or disapprove the request. If a recommendation is made for further review, the commissioner may proceed according to Minnesota Statutes, section 3.3005, subdivision 5. This section expires February 1, 1998.

Sec. 5. [SCHOOL DISTRICT AVERAGE DAILY MEMBERSHIP.]

For fiscal year 1998, the commissioner of children, families, and learning may adjust school district average daily membership data calculated under Minnesota Statutes, section 124.17, for those school districts affected by flooding in the spring of 1997 for students who have not yet returned to their resident school districts because school facilities or homes are not available for occupancy.

Sec. 6. [FLOOD COSTS; STATE AGENCIES.]

(FEMA). All reimbursements received from FEMA for these costs are available for reappropriation under this section. This appropriation is available until June 30, 1998, and any amount remaining on June 30, 1998, cancels to the budget reserve in the general fund."

Page 9, line 24, after "towns" insert "and to individuals or families for individual/family grants and state matching funds"

Page 9, line 29, delete "as" and insert "for the following purposes:"

Page 9, delete line 30

Page 10, line 17, delete "(a)"

Page 11, delete lines 3 to 6

Renumber the sections in sequence and correct internal references

Amend the title accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

S. F. No. 1894 was read for the second time.

Koskinen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 28, 1997, when the vote was taken on the repassage of H. F. No. 966, as amended by the Senate." The motion prevailed.

Marko moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, April 28, 1997, when the vote was taken on the first Boudreau amendment to S. F. No. 1908, the second unofficial engrossment, as amended." The motion prevailed.

Slawik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Monday, April 28, 1997, when the vote was taken on the second Haas amendment to S. F. No. 1908, the second unofficial engrossment, as amended." The motion prevailed.

Slawik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Monday, April 28, 1997, when the vote was taken on the third Knight amendment to S. F. No. 1908, the second unofficial engrossment, as amended." The motion prevailed.

Tuma moved that H. F. No. 2107 be returned to its author. The motion prevailed.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Opatz moved that the rule therein be suspended and an urgency be declared so that H. F. No. 2179 be given its second and third readings and be placed upon its final passage. The motion prevailed.

H. F. No. 2179 was read for the second time.

The Speaker called Wejcman to the Chair.

Olson, M., moved to amend H. F. No. 2179, the first engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 120.101, is amended by adding a subdivision to read:

Subd. 8a. [SINGLE STATEWIDE TESTING SYSTEM.] (a) To meet the basic skills testing requirements of the graduation rule adopted under section 121.11, subdivision 7c, school districts shall implement the requirements of a single statewide testing system described under this subdivision. Districts are eligible to receive aid under section 124.355 for the costs of implementing a single statewide testing system.

(b) Between February and April of each school year, public schools shall assess the performance of every child enrolled in grades 3 to 8 using a nationally norm-referenced standardized achievement examination. The local school board shall select the examination for each grade level one time during any five-year school year period. School officials shall place children's test results in their education records.

(c) Each local school board shall establish a written policy indicating what assistance the school district will make available to children and their parents when a child's battery score on any single portion of an achievement examination is at or below the 30th percentile. Forms of district assistance to the child include making tutors available, offering summer school programs, and providing additional classroom instruction, among other things. Any form of assistance must include parent participation. A parent has the option of whether or not to enroll a child in any particular form of assistance the district makes available under this paragraph.

(d) Only a school district may enter into an agreement with a testing company for the purpose of assessing children's performance under this subdivision.

(e) A local school board shall preserve for five years from the date children complete an achievement examination all aggregate assessment data measuring children's performance on that examination. The school board shall make the data available to the public in a timely and accessible manner.

(f) Each year the commissioner of children, families, and learning shall compile a statewide report that:

(1) includes aggregate district scores for each subject area tested;

(2) includes at least five consecutive school years of aggregate data; and

(3) organizes and reports school district scores by the nationally norm-referenced standardized achievement test given to the students in the district.

The commissioner shall submit to the education committees of the legislature by January 20 the report containing data that includes district scores from the previous school year.

Sec. 2. Minnesota Statutes 1996, section 121.11, subdivision 7c, as amended by Laws 1997, chapter 1, is amended to read:

statewide testing system under section 120.101, subdivision 8a, to be implemented starting with students beginning ninth grade in the 1996-1997 school year. The board shall not prescribe in rule or otherwise the delivery system or form of instruction that local sites must use to meet the requirements contained in this rule.

(b) To successfully accomplish paragraph (a), the state board shall set in rule high academic standards for all students. The standards must contain the foundational skills in the three core curricular areas of reading, writing, and mathematics while meeting requirements for high school graduation. The standards must also provide an opportunity for students to excel by meeting higher academic standards through a profile of learning that uses curricular requirements to allow students to expand their knowledge and skills beyond the foundational skills. All state board actions regarding the rule must be premised on the following:

(1) the rule is intended to raise academic expectations for students, teachers, and schools;

(2) any state action regarding the rule must evidence consideration of school district autonomy; and

(3) the department of children, families, and learning, with the assistance of school districts, must make available information about all state initiatives related to the rule to students and parents, teachers, and the general public in a timely format that is appropriate, comprehensive, and readily understandable.

(c) For purposes of adopting the rule, the state board, in consultation with the department, recognized psychometric experts in assessment, and other interested and knowledgeable educators, using the most current version of professional standards for educational testing, shall evaluate the alternative approaches to assessment.

(d) The content of the graduation rule must differentiate between minimum competencies reflected in the basic requirements assessment and rigorous profile of learning standards. When fully implemented, the requirements for high school graduation in Minnesota must include both basic requirements and the required profile of learning. The profile of learning must measure student performance using performance-based assessments compiled over time that integrate higher academic standards, higher order thinking skills, and application of knowledge from a variety of content areas. The profile of learning shall include a broad range of academic experience and accomplishment necessary to achieve the goal of preparing students to function effectively as purposeful thinkers, effective communicators, self-directed learners, productive group participants, and responsible citizens.

(e) The state board shall periodically review and report on the assessment process and student achievement with the expectation of raising the standards and expanding high school graduation requirements.

(f) The state board shall report in writing to the legislature annually by January 15 on its progress in developing and implementing the graduation requirements according to the requirements of this subdivision and section 123.97 until such time as all the graduation requirements are implemented.

Sec. 3. [124.355] [STATEWIDE TESTING SYSTEM AID; DISTRICT ASSISTANCE AND ACADEMIC ENHANCEMENT AID.]

(a) Statewide testing system aid equals $10 times the number of pupils in average daily membership in grades 3 to 8. Districts implementing the statewide testing system under section 120.101, subdivision 8a, shall use the aid to annually assess the performance of every enrolled child in grades 3 to 8.

(b) District assistance and academic enhancement aid equals $50 times the number of students in grades 3 to 8. Districts shall use the aid to:

(1) provide assistance to every child who receives a battery score on any single portion of an achievement examination that is at or below the 30th percentile; and

(2) if all children needing assistance are receiving assistance, develop academically related programs or curriculum that enhance the educational performance of students throughout the district.

Sec. 4. [APPROPRIATION.]

(a) $23,500,000 is appropriated from the general fund to the commissioner of children, families, and learning in fiscal year 1998 for the purposes of section 3. The appropriation is available until June 30, 1999.

(b) The appropriation for the department of children, families and learning under HF 1684, or a similarly styled provision, is reduced by $6,900,000. The appropriation to the department of children, families and learning for the purpose of funding the extended hours program under Minnesota Statutes, section 124.305, under HF 1684, or a similarly styled provision, is reduced by $16,600,000 in fiscal year 1998."

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Olson, M., amendment and the roll was called. There were 32 yeas and 99 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Harder	Lindner	Ozment	Sviggum	Westrom
Commers	Juhnke	Molnau	Paulsen	Swenson, H.	Workman
Daggett	Kielkucki	Mulder	Pawlenty	Tingelstad
Davids	Knight	Nornes	Reuter	Tompkins
Dehler	Kraus	Olson, M.	Rifenberg	Tuma
Gunther	Krinkie	Osskopp	Seifert	Weaver

Those who voted in the negative were:

Abrams	Erhardt	Johnson, A.	Macklin	Paymar	Stang
Anderson, I.	Evans	Johnson, R.	Mahon	Pelowski	Swenson, D.
Bakk	Farrell	Kahn	Mares	Peterson	Sykora
Bettermann	Finseth	Kalis	Mariani	Pugh	Tomassoni
Biernat	Folliard	Kelso	Marko	Rest	Trimble
Bishop	Garcia	Kinkel	McCollum	Rhodes	Tunheim
Boudreau	Greenfield	Knoblach	McElroy	Rostberg	Van Dellen
Bradley	Greiling	Koppendrayer	McGuire	Rukavina	Vickerman
Broecker	Haas	Koskinen	Milbert	Schumacher	Wagenius
Carlson	Hasskamp	Kubly	Mullery	Seagren	Wejcman
Chaudhary	Hausman	Kuisle	Munger	Sekhon	Wenzel
Clark	Hilty	Larsen	Murphy	Skare	Winter
Dawkins	Holsten	Leighton	Ness	Skoglund	Wolf
Delmont	Huntley	Leppik	Olson, E.	Slawik	Spk. Carruthers
Dempsey	Jaros	Lieder	Opatz	Smith
Dorn	Jefferson	Long	Osthoff	Solberg
Entenza	Jennings	Luther	Otremba	Stanek

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

Olson, M., moved to amend H. F. No. 2179, the first engrossment, as follows:

Page 4, after line 11, insert:

"Sec. 3. [SINGLE STATEWIDE TESTING SYSTEM GRANT PROGRAM.]

Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a school district that meets all of the following criteria:

(1) between February and April of each school year, the school district assesses the performance of every child enrolled in grades three to eight using a nationally norm-referenced standardized achievement examination;

(2) the school board of the school district makes a one-time selection of an examination for each grade level;

(3) school district officials agree to place children's test results in the children's education records;

(4) the school board of the school district establishes a written policy indicating what assistance the school district will make available to children and parents when a child's battery score on any single portion of an achievement examination is at or below the thirtieth percentile and how the parent will be made a participant in providing the assistance;

(5) indicates the forms of assistance the school district will make available, including at least tutors, summer school programs, and additional classroom instruction, and gives parents the option of selecting the particular form of assistance;

(6) the school district enters into an agreement with a testing company for the purpose of assessing children's performance; and

(7) the school board agrees to preserve for five years all aggregate assessment data measuring children's performance on examinations and makes the data available to the public in a timely and accessible manner.

Subd. 3. [APPLICATION PROCESS.] To obtain a grant to explore the option of allowing school districts to meet the basic skills testing requirements of the graduation rule, a school district must submit an application to the commissioner of children, families and learning in the form and manner the commissioner prescribes. The applicant must indicate the applicant's intent to meet the criteria listed in subdivision 2. The commissioner may require an applicant to submit additional information.

Subd. 4. [GRANT AWARDS; PROCEEDS.] The commissioner may award up to 30 grants. Grant recipients must be located throughout the state. Each grant recipient shall receive $60 times the number of pupils in average daily membership in grades 3 to 8 for the purposes of assessing the performance of every enrolled child in grades 3 to 8 and providing assistance to every child who receives a battery score on any single portion of an achievement test that is at or below the thirtieth percentile. After providing assistance to every eligible child, a grant recipient may use any remaining funds to develop academically related programs or curricula that enhance the educational performance of students in the district.

Subd. 5. [EVALUATION.] The commissioner shall use the aggregate data on children's test scores compiled from grant recipients to evaluate the grant sites and recommend to the education committees of the legislature by February 15, 1999, whether or not a locally-controlled, single statewide testing system applicable to children in grades 3 to 8 should be extended statewide.

Sec. 4. [APPROPRIATION.]

(a) $2,300,000 is appropriated from the general fund to the commissioner of children, families and learning in fiscal year 1998 for the purpose of 3. The appropriation is available until June 30, 1999.

(b) The appropriation for the department of children, families and learning under HF 1684, if enacted, or a similarly styled provision, is reduced by $1,000,000. The appropriation to the department of children, families and learning for the purpose of funding the extended hours program under Minnesota Statutes, section 124.305, under HF 1684, if enacted, or a similarly styled provision, is reduced by $1,300,000 in fiscal year 1998."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Dehler and Kelso moved to amend H. F. No. 2179, the first engrossment, as follows:

Page 4, line 4, delete "make 75 percent" and insert "adjust"

Page 4, line 7, delete everything after "section" and insert "14.386, paragraph (a)"

Page 4, line 8, delete everything before the period

The motion prevailed and the amendment was adopted.

The Speaker resumed the Chair.

H. F. No. 2179, A bill for an act relating to education; formulating statewide testing and reporting system; requiring the state board of education to amend certain educational testing rules; proposing coding for new law in Minnesota Statutes, chapter 121.

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

The question was taken on the passage of the bill and the roll was called. There were 109 yeas and 23 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B.	Jefferson	Kraus	Molnau	Olson, M.	Tompkins
Davids	Kahn	Lindner	Mullery	Reuter	Tunheim
Dehler	Kielkucki	Luther	Murphy	Rukavina	Workman
Jaros	Knight	Mariani	Ness	Seifert

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

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 257:

Dorn, Greiling and Davids.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 282:

Stanek, Mahon and Skoglund.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1684:

Kelso, Solberg, Entenza, Greiling and Koppendrayer.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 526:

Juhnke, Wenzel and Gunther.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1888:

Pelowski; Carlson; Johnson, R.; Leppik and Bettermann.

Winter moved that when the House adjourns today it adjourn until 11:00 a.m., Wednesday, April 30, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Wednesday, April 30, 1997.