Journal of the House - 51st Day - Top of Page 3531

STATE OF MINNESOTA

Journal of the House

EIGHTIETH SESSION 1997

__________________

FIFTY-FIRST DAY

Saint Paul, Minnesota, Thursday, May 1, 1997

 

The House of Representatives convened at 10:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.

Prayer was offered by the Reverend David Flaschka, Society of Jesus, Saint Luke Catholic Church, St. Paul, Minnesota.

The roll was called and the following members were present:

Abrams Erhardt Kalis Marko Pelowski Sykora
Anderson, B. Evans 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. Skare Wenzel
Commers Hilty Leighton Olson, M. Skoglund Westfall
Daggett Holsten Leppik Opatz Slawik Westrom
Davids Huntley Lieder Orfield Smith Winter
Dawkins Jaros Lindner Osskopp Solberg Wolf
Dehler Jennings Long Osthoff Stanek Workman
Delmont Johnson, A. Luther Otremba Stang Spk. Carruthers
Dempsey Johnson, R. Mahon Paulsen Sviggum
Dorn Juhnke Mares Pawlenty Swenson, D.
Entenza Kahn Mariani Paymar Swenson, H.

A quorum was present.

Jefferson was excused until 10:50 a.m. Ozment was excused until 11:30 a.m. Sekhon was excused until 11:40 a.m. Macklin was excuded until 12:30 p.m. Farrell was excused until 1:40 p.m.

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


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REPORTS OF CHIEF CLERK

S. F. No. 234 and H. F. No. 272, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Wejcman moved that the rules be so far suspended that S. F. No. 234 be substituted for H. F. No. 272 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 338 and H. F. No. 2097, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Harder moved that S. F. No. 338 be substituted for H. F. No. 2097 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 349 and H. F. No. 740, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Juhnke moved that the rules be so far suspended that S. F. No. 349 be substituted for H. F. No. 740 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 590 and H. F. No. 537, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Jennings moved that the rules be so far suspended that S. F. No. 590 be substituted for H. F. No. 537 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 995 and H. F. No. 1129, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Kahn moved that the rules be so far suspended that S. F. No. 995 be substituted for H. F. No. 1129 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1404 and H. F. No. 609, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Erhardt moved that the rules be so far suspended that S. F. No. 1404 be substituted for H. F. No. 609 and that the House File be indefinitely postponed. The motion prevailed.


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S. F. No. 1807 and H. F. No. 1870, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Leighton moved that S. F. No. 1807 be substituted for H. F. No. 1870 and that the House File be indefinitely postponed. The motion prevailed.

SECOND READING OF SENATE BILLS

S. F. Nos. 234, 338, 349, 590, 995, 1404 and 1807 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Kubly, Juhnke, Peterson, Dorn and Finseth introduced:

H. F. No. 2182, A bill for an act relating to taxation; extending the due date for first half taxes on certain business property.

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

Dempsey introduced:

H. F. No. 2183, A bill for an act relating to capital improvements; authorizing the issuance of bonds to refurbish the Le Duc mansion in Hastings; appropriating money.

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

Finseth, Lieder, Westfall, Peterson and Seifert introduced:

H. F. No. 2184, A bill for an act relating to flood control; appropriating money for flood hazard mitigation grants; authorizing state bonds.

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

Bettermann, Knoblach and Dempsey introduced:

H. F. No. 2185, A bill for an act relating to capital improvements; authorizing spending for sanitary sewer systems in Ida and Lake Mary townships in Douglas county; authorizing issuance of bonds; appropriating money.

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

SPECIAL ORDERS

S. F. No. 536 was reported to the House.

Wejcman moved that S. F. No. 536 be temporarily laid over on Special Orders. The motion prevailed.


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REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

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

S. F. Nos. 735, 741, 329, 525, 1179, 1693, 854, 575, 683 and 1807; H. F. No. 1936; S. F. No. 399; H. F. No. 858; and S. F. Nos. 156 and 1165.

SPECIAL ORDERS

CALL OF THE HOUSE

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

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

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

S. F. No. 735 was reported to the House.

Rhodes moved to amend S. F. No. 735 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 473.511, subdivision 4, is amended to read:

Subd. 4. [CURRENT VALUE OF EXISTING FACILITIES.] When the council assumes the ownership of any existing interceptors or treatment works as provided in subdivision 2 or 3, the local government unit or units which paid part or all of the cost of such facility, directly or pursuant to contracts for reimbursement of costs, shall be entitled to receive a credit against amounts to be allocated to them under section 473.517, which may be spread over such period not exceeding 30 years as the council shall determine, and an additional credit equal to interest on the unused credit balance from time to time at the rate of four percent per annum. The amount of such credit shall equal the current value of the facility computed by


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the council in the manner provided in this subdivision at the time the council acquires it. The original cost of a facility shall be computed as the total actual costs of constructing it, including engineering, legal, and administrative costs, less any part of it paid from federal or state funds and less the principal amount of any then outstanding bonds which were issued to finance its construction. The original cost shall be multiplied by a factor equal to a current cost index divided by the same cost index at the time of construction, to determine replacement cost. The cost indices used shall be the Engineering News Record Construction Cost Indices for facilities or parts thereof completed before 1930, and the United States Public Health Service Federal Water Pollution Control Values for Sewer and Treatment Plant Construction, as applied to facilities or parts thereof completed in or after 1930. The current value of the facility shall be the replacement cost depreciated by 2.50 percent per annum from the date of construction of treatment works and 1.25 percent per annum from the date of construction of interceptors; and decreased further by a reasonable allowance for obsolescence if the council determines that the facility or any part thereof will not be useful for council purposes for at least the remaining period required to depreciate it fully, assuming no salvage value. The current value of each such facility shall be credited to each local government unit in proportion to the amount of the construction cost paid by that unit, as determined by the council, taking into account reimbursements previously made under contracts between any of the local government units. The council shall prepare an itemized statement of the amount of credit each local government unit is entitled to receive under this subdivision, and the years and amounts of installments of principal and interest thereon, and shall cause it to be mailed or delivered to the governing body of each local government unit concerned. All credits allowed under this subdivision shall be used to finance current costs allocated to the local government unit by the council or for other sewer costs, and the credits shall not be considered as proceeds from the sale of municipal property so as to permit their use for other purposes. At its option, the council may make a periodic payment to each local government unit in the amount of the credits provided under this subdivision, in place of a credit against amounts to be allocated to those local government units under section 473.517.

Sec. 2. Minnesota Statutes 1996, section 473.517, subdivision 1, is amended to read:

Subdivision 1. [CURRENT COSTS DEFINED.] The estimated costs of operation, maintenance, and debt service of the metropolitan disposal system to be paid by the council in each fiscal year, and the costs of acquisition and betterment of the system which are to be paid during the year from funds other than bond proceeds, including all expenses incurred by the council pursuant to sections 473.501 to 473.545, are referred to in this section as current costs, and shall be allocated in the budget for that year to the respective local government units in the metropolitan area as provided in subdivisions 2 to 6. The amount budgeted by the council for any year for a reserve or contingency fund must be treated as a current cost and allocated as a cost of operation and maintenance in accordance with this section. The reserve or contingency fund so established may not exceed an amount equal to 7.5 percent of the council's waste control operating budget in total. The amount budgeted by the council for any year for cash flow management must be treated as a current cost and allocated as a cost of operation and maintenance in accordance with this section. The cash flow management fund so established must not exceed the amount that is five percent of the council's total waste control operating budget.

Sec. 3. Minnesota Statutes 1996, section 473.517, subdivision 2, is amended to read:

Subd. 2. [ALLOCATION OF TREATMENT, INTERCEPTOR COSTS; ADJUSTED VOLUME.] Except as provided in subdivision 3, the current costs of all treatment works and interceptors in the metropolitan disposal system shall be allocated among and paid by all local government units which will discharge sewage, directly or indirectly, into the metropolitan disposal system during the budget year, in proportion to the total volume estimated to be so discharged by each local government unit, adjusted as follows:

(a) increased or decreased, as the case may be, to the extent the council determines, on the basis of such historical and reasonably projected data as may be available, that the sewage discharged by one unit will require more or less treatment to produce a suitable effluent than that discharged by others;

(b) decreased by any amount of surface water estimated by the council to be discharged by a local government unit from a combined storm and sanitary sewer system;

(c) increased by that volume of normal sanitary sewage which is equivalent for treatment purposes to the volume of surface water referred to in clause (b), as determined by the council from available engineering data; and

(d) increased or decreased, as the case may be, by the amount of any substantial and demonstrable error in a previous estimate in the manner prescribed in this subdivision.


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For each budget year, the council shall estimate the total volume of sewage that will be discharged, directly or indirectly, into the metropolitan disposal system during that budget year. Based on the estimate of total volume of discharge for the budget year and on the current costs, the council shall establish a cost per gallon of discharge into the metropolitan disposal system. During the budget year, the council shall charge each local government unit on a monthly basis for the current costs based on the per gallon rate established pursuant to this section applied to the discharge volume allocated for the month to each local government unit. The discharge volume allocated to each local government unit for each month of the budget year shall consist of the average monthly discharge volume for the local government unit, as measured, calculated, or otherwise determined by the council, which occurred in the annual quarter previous to the annual quarter that immediately precedes the billing month. If the council is unable to measure or calculate the actual average monthly discharge for any local government unit in the quarter, it may provisionally allocate discharge volume in the billing month on the basis of estimated discharge volume during the applicable annual quarter. Then the local government unit shall be credited or charged the difference between the estimated and actual discharge volume in the monthly billing that next occurs after determination of the actual discharge volume.

Sec. 4. [APPLICATION.]

Sections 1 to 3 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 5. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day after final enactment. Section 3 is effective January 1, 1998, for allocation of costs on and after that date."

Delete the title and insert:

"A bill for an act relating to metropolitan government; modifying the metropolitan council cost allocation system for wastewater services; amending Minnesota Statutes 1996, sections 473.511, subdivision 4; and 473.517, subdivisions 1 and 2."

The motion prevailed and the amendment was adopted.

S. F. No. 735, A bill for an act relating to metropolitan government; allowing the metropolitan council to determine an allocation method for wastewater services; amending Minnesota Statutes 1996, sections 473.511, subdivision 4; 473.517; and 473.519.

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 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams Entenza Kahn Marko Paymar Swenson, D.
Anderson, B. Erhardt Kalis McCollum Pelowski Swenson, H.
Anderson, I. Evans Kelso McElroy Peterson Sykora

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

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

S. F. No. 536 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Wejcman moved to amend S. F. No. 536 as follows:

Page 2, line 7, before the period, insert "prohibiting the maintenance of a public nuisance as defined in section 609.74 or the control of a public nuisance as defined in section 609.745"

Page 2, line 34, before the period, insert "prohibiting the maintenance of a public nuisance as defined in section 609.74 or the control of a public nuisance as defined in section 609.745"

The motion prevailed and the amendment was adopted.

S. F. No. 536, A bill for an act relating to public nuisances; adding to the definition of nuisance and the list of acts constituting a public nuisance; amending Minnesota Statutes 1996, sections 617.81, subdivision 2; and 617.88.

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.

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

There were 126 yeas and 0 nays as follows:

Those who voted in the affirmative were:


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

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

The Speaker called Wejcman to the Chair.

S. F. No. 741 was reported to the House.

McCollum moved to amend S. F. No. 741 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [147A.27] [PHYSICIAN ASSISTANT ADVISORY COUNCIL.]

Subdivision 1. [MEMBERSHIP.] The physician assistant advisory council is created and is composed of seven persons appointed by the board. The seven persons must include:

(1) two public members, as defined in section 214.02;

(2) three physician assistants registered under this chapter; and

(3) two licensed physicians with experience supervising physician assistants.

Subd. 2. [ORGANIZATION.] The council shall be organized and administered under section 15.059, except that the advisory council shall expire on June 30, 2007.

Subd. 3. [DUTIES.] The council shall advise the board regarding:

(1) physician assistant registration standards;

(2) enforcement of grounds for discipline;

(3) distribution of information regarding physician assistant registration standards;

(4) applications and recommendations of applicants for registration or registration renewal; and

(5) complaints and recommendations to the board regarding disciplinary matters and proceedings concerning applicants and registrants according to sections 214.10; 214.103; and 214.13, subdivisions 6 and 7.

The council shall perform other duties authorized for the council by chapter 214 as directed by the board.

Sec. 2. [147C.01] [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] The definitions in this section apply to this chapter.

Subd. 2. [ADVISORY COUNCIL.] "Advisory council" means the respiratory care practitioner advisory council established under section 147C.35.


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Subd. 3. [APPROVED EDUCATION PROGRAM.] "Approved education program" means a university, college, or other post-secondary education program leading to eligibility for registry or certification in respiratory care, that, at the time the student completes the program, is accredited by a national accrediting organization approved by the board.

Subd. 4. [BOARD.] "Board" means the board of medical practice or its designee.

Subd. 5. [CONTACT HOUR.] "Contact hour" means an instructional session of 50 consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and social activities.

Subd. 6. [CREDENTIAL.] "Credential" means a license, permit, certification, registration, or other evidence of qualification or authorization to engage in respiratory care practice in this state or any other state.

Subd. 7. [CREDENTIALING EXAMINATION.] "Credentialing examination" means an examination administered by the National Board for Respiratory Care or other national testing organization approved by the board for credentialing as a certified respiratory therapy technician, registered respiratory therapist, or other title indicating an entry or advanced level respiratory care practitioner.

Subd. 8. [HEALTH CARE FACILITY.] "Health care facility" means a hospital as defined in section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision 1, paragraph (b), or a nursing home as defined in section l44A.01, subdivision 5, a long-term acute care facility, a subacute care facility, an outpatient clinic, a physician's office, or a hospice.

Subd. 9. [QUALIFIED MEDICAL DIRECTION.] "Qualified medical direction" means direction from a licensed physician who is on the staff or is a consultant of a health care facility or home care agency or home medical equipment provider and who has a special interest in and knowledge of the diagnosis and treatment of deficiencies, abnormalities, and diseases of the cardiopulmonary system.

Subd. 10. [RESPIRATORY CARE.] "Respiratory care" means the provision of services described under section 147C.05 for the assessment, treatment, education, management, evaluation, and care of patients with deficiencies, abnormalities, and diseases of the cardiopulmonary system, under the guidance of qualified medical direction and pursuant to a referral from a physician who has medical responsibility for the patient. It includes education pertaining to health promotion and disease prevention, patient care, and treatment.

Sec. 3. [147C.05] [SCOPE OF PRACTICE.]

(a) The practice of respiratory care by a registered respiratory care practitioner includes, but is not limited to, the following services:

(1) providing and monitoring therapeutic administration of medical gases, aerosols, humidification, and pharmacological agents related to respiratory care procedures, but not including administration of general anesthesia;

(2) carrying out therapeutic application and monitoring of mechanical ventilatory support;

(3) providing cardiopulmonary resuscitation and maintenance of natural airways and insertion and maintenance of artificial airways;

(4) assessing and monitoring signs, symptoms, and general behavior relating to, and general physical response to, respiratory care treatment or evaluation for treatment and diagnostic testing, including determination of whether the signs, symptoms, reactions, behavior, or general response exhibit abnormal characteristics;

(5) obtaining physiological specimens and interpreting physiological data including:

(i) analyzing arterial and venous blood gases;

(ii) assessing respiratory secretions;


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(iii) measuring ventilatory volumes, pressures, and flows;

(iv) testing pulmonary function;

(v) testing and studying the cardiopulmonary system; and

(vi) diagnostic testing of breathing patterns related to sleep disorders;

(6) assisting hemodynamic monitoring and support of the cardiopulmonary system;

(7) assessing and making suggestions for modifications in the treatment regimen based on abnormalities, protocols, or changes in patient response to respiratory care treatment;

(8) providing cardiopulmonary rehabilitation including respiratory-care related educational components, postural drainage, chest physiotherapy, breathing exercises, aerosolized administration of medications, and equipment use and maintenance;

(9) instructing patients and their families in techniques for the prevention, alleviation, and rehabilitation of deficiencies, abnormalities, and diseases of the cardiopulmonary system; and

(10) transcribing and implementing physician orders for respiratory care services.

(b) Patient service by a practitioner must be limited to:

(1) services within the training and experience of the practitioner; and

(2) services within the parameters of the laws, rules, and standards of the facilities in which the respiratory care practitioner practices.

(c) Respiratory care services provided by a registered respiratory care practitioner, whether delivered in a health care facility or the patient's residence, must not be provided except upon referral from a physician.

Sec. 4. [147C.10] [PROTECTED TITLES AND RESTRICTIONS ON USE.]

Subdivision 1. [PROTECTED TITLES.] No individual may use the title "Minnesota registered respiratory care practitioner," "registered respiratory care practitioner," "respiratory care practitioner," "respiratory therapist," "respiratory therapy (or care) technician," "inhalation therapist," or "inhalation therapy technician," or use, in connection with the individual's name, the letters "RCP," or any other titles, words, letters, abbreviations, or insignia indicating or implying that the individual is eligible for registration by the state as a respiratory care practitioner unless the individual has been registered as a respiratory care practitioner according to this chapter.

Subd. 2. [OTHER HEALTH CARE PRACTITIONERS.] (a) Nonphysician individuals practicing in a health care occupation or profession are not restricted in the provision of services included in section 147C.05, as long as they do not hold themselves out as respiratory care practitioners by or through the use of the titles provided in subdivision 1 in association with provision of these services.

(b) Physician practitioners are exempt from this chapter.

(c) Nothing in this chapter shall be construed to require registration of:

(1) a respiratory care practitioner student enrolled in a respiratory therapy education program accredited by the Commission on Accreditation of Allied Health Education Programs or another accrediting organization approved by the board; and

(2) a respiratory care practitioner employed in the service of the federal government while performing duties incident to that employment.


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Subd. 3. [PENALTY.] A person who violates subdivision 1 is guilty of a gross misdemeanor.

Subd. 4. [IDENTIFICATION OF REGISTERED PRACTITIONERS.] Respiratory care practitioners registered in Minnesota shall wear name tags that identify them as respiratory care practitioners while in a professional setting. If not written in full, this must be designated as RCP. A student attending a respiratory therapy training program or a tutorial intern program must be identified as a student respiratory care practitioner. This abbreviated designation is Student RCP. Unregulated individuals who work in an assisting respiratory role under the supervision of respiratory care practitioners must be identified as respiratory care assistants or aides.

Sec. 5. [147C.15] [REGISTRATION REQUIREMENTS.]

Subdivision 1. [GENERAL REQUIREMENTS FOR REGISTRATION.] To be eligible for registration, an applicant, with the exception of those seeking registration by reciprocity under subdivision 2, must:

(1) submit a completed application on forms provided by the board along with all fees required under section 147C.40 that includes:

(i) the applicant's name, social security number, home address and telephone number, and business address and telephone number;

(ii) the name and location of the respiratory care education program the applicant completed;

(iii) a list of degrees received from educational institutions;

(iv) a description of the applicant's professional training beyond the first degree received;

(v) the applicant's work history for the five years preceding the application, including the average number of hours worked per week;

(vi) a list of registrations, certifications, and licenses held in other jurisdictions;

(vii) a description of any other jurisdiction's refusal to credential the applicant;

(viii) a description of all professional disciplinary actions initiated against the applicant in any jurisdiction; and

(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

(2) submit a certificate of completion from an approved education program;

(3) achieve a qualifying score on a credentialing examination within five years prior to application for registration;

(4) submit a verified copy of a valid and current credential, issued by the National Board for Respiratory Care or other board-approved national organization, as a certified respiratory therapy technician, registered respiratory therapist, or other entry or advanced level respiratory care practitioner designation;

(5) submit additional information as requested by the board, including providing any additional information necessary to ensure that the applicant is able to practice with reasonable skill and safety to the public;

(6) sign a statement that the information in the application is true and correct to the best of the applicant's knowledge and belief; and

(7) sign a waiver authorizing the board to obtain access to the applicant's records in this or any other state in which the applicant has completed an approved education program or engaged in the practice of respiratory care.


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Subd. 2. [REGISTRATION BY RECIPROCITY.] To be eligible for registration by reciprocity, the applicant must be credentialed by the National Board for Respiratory Care or other board-approved organization and have worked at least eight weeks of the previous five years as a respiratory care practitioner and must:

(1) submit the application materials and fees as required by subdivision 1, clauses (1), (4), (5), (6), and (7);

(2) provide a verified copy from the appropriate government body of a current and unrestricted credential for the practice of respiratory care in another jurisdiction that has initial credentialing requirements equivalent to or higher than the requirements in subdivision 1; and

(3) provide letters of verification from the appropriate government body in each jurisdiction in which the applicant holds a credential. Each letter must state the applicant's name, date of birth, credential number, date of issuance, a statement regarding disciplinary actions, if any, taken against the applicant, and the terms under which the credential was issued.

Subd. 3. [TEMPORARY PERMIT.] The board may issue a temporary permit to practice as a respiratory care practitioner to an applicant eligible for registration under this section if the application for registration is complete, all applicable requirements in this section have been met, and a nonrefundable fee set by the board has been paid. The permit remains valid only until the meeting of the board at which a decision is made on the respiratory care practitioner's application for registration.

Subd. 4. [TEMPORARY REGISTRATION.] The board may issue temporary registration as a respiratory care practitioner for a period of one year to an applicant for registration under this section if the application for registration is complete, all applicable requirements have been met with exception of completion of a credentialing examination, and a nonrefundable fee set by the board has been paid. A respiratory care practitioner with temporary registration may qualify for full registration status upon submission of verified documentation that the respiratory care practitioner has achieved a qualifying score on a credentialing examination within one year after receiving temporary registration status. Temporary registration may not be renewed.

Subd. 5. [PRACTICE LIMITATIONS WITH TEMPORARY REGISTRATION.] A respiratory care practitioner with temporary registration is limited to working under the direct supervision of a registered respiratory care practitioner or physician able to provide qualified medical direction. The respiratory care practitioner or physician must be present in the health care facility or readily available by telecommunication at the time the respiratory care services are being provided. A registered respiratory care practitioner may supervise no more than two respiratory care practitioners with temporary registration status.

Subd. 6. [REGISTRATION EXPIRATION.] Registrations issued under this chapter expire annually.

Subd. 7. [RENEWAL.] (a) To be eligible for registration renewal a registrant must:

(1) annually, or as determined by the board, complete a renewal application on a form provided by the board;

(2) submit the renewal fee;

(3) provide evidence every two years of a total of 24 hours of continuing education approved by the board as described in section 147C.25; and

(4) submit any additional information requested by the board to clarify information presented in the renewal application. The information must be submitted within 30 days after the board's request, or the renewal request is nullified.

(b) Applicants for renewal who have not practiced the equivalent of eight full weeks during the past five years must achieve a passing score on retaking the credentialing examination, or complete no less than eight weeks of advisory council-approved supervised clinical experience having a broad base of treatment modalities and patient care.

Subd. 8. [CHANGE OF ADDRESS.] A registrant who changes addresses must inform the board within 30 days, in writing, of the change of address. All notices or other correspondence mailed to or served on a registrant by the board at the registrant's address on file with the board shall be considered as having been received by the registrant.


Journal of the House - 51st Day - Top of Page 3543

Subd. 9. [REGISTRATION RENEWAL NOTICE.] At least 30 days before the registration renewal date, the board shall send out a renewal notice to the last known address of the registrant on file. The notice must include a renewal application and a notice of fees required for renewal. It must also inform the registrant that registration will expire without further action by the board if an application for registration renewal is not received before the deadline for renewal. The registrant's failure to receive this notice shall not relieve the registrant of the obligation to meet the deadline and other requirements for registration renewal. Failure to receive this notice is not grounds for challenging expiration of registered status.

Subd. 10. [RENEWAL DEADLINE.] The renewal application and fee must be postmarked on or before July 1 of the year of renewal or as determined by the board. If the postmark is illegible, the application shall be considered timely if received by the third working day after the deadline.

Subd. 11. [INACTIVE STATUS AND RETURN TO ACTIVE STATUS.] (a) A registration may be placed in inactive status upon application to the board by the registrant and upon payment of an inactive status fee.

(b) Registrants seeking restoration to active from inactive status must pay the current renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal specified in subdivision 7, including continuing education hours equivalent to one hour for each month of inactive status, prior to submitting an application to regain registered status. If the inactive status extends beyond five years, a qualifying score on a credentialing examination, or completion of an advisory council-approved eight-week supervised clinical training experience is required. If the registrant intends to regain active registration by means of eight weeks of advisory council-approved clinical training experience, the registrant shall be granted temporary registration for a period of no longer than six months.

Subd. 12. [REGISTRATION FOLLOWING LAPSE OF REGISTRATION STATUS FOR TWO YEARS OR LESS.] For any individual whose registration status has lapsed for two years or less, to regain registration status, the individual must:

(1) apply for registration renewal according to subdivision 7;

(2) document compliance with the continuing education requirements of section 147C.25 since the registrant's initial registration or last renewal; and

(3) submit the fees required under section 147C.40 for the period not registered, including the fee for late renewal.

Subd. 13. [CANCELLATION DUE TO NONRENEWAL.] The board shall not renew, reissue, reinstate, or restore a registration that has lapsed and has not been renewed within two annual registration renewal cycles starting July 1997. A registrant whose registration is canceled for nonrenewal must obtain a new registration by applying for registration and fulfilling all requirements then in existence for initial registration as a respiratory care practitioner.

Subd. 14. [CANCELLATION OF REGISTRATION IN GOOD STANDING.] (a) A registrant holding active registration as a respiratory care practitioner in the state may, upon approval of the board, be granted registration cancellation if the board is not investigating the person as a result of a complaint or information received or if the board has not begun disciplinary proceedings against the registrant. Such action by the board shall be reported as a cancellation of registration in good standing.

(b) A registrant who receives board approval for registration cancellation is not entitled to a refund of any registration fees paid for the registration year in which cancellation of the registration occurred.

(c) To obtain registration after cancellation, a registrant must obtain a new registration by applying for registration and fulfilling the requirements then in existence for obtaining initial registration as a respiratory care practitioner.

Sec. 6. [147C.20] [BOARD ACTION ON APPLICATIONS FOR REGISTRATION.]

(a) The board shall act on each application for registration according to paragraphs (b) to (d).

(b) The board shall determine if the applicant meets the requirements for registration under section 147C.15. The board or advisory council may investigate information provided by an applicant to determine whether the information is accurate and complete.


Journal of the House - 51st Day - Top of Page 3544

(c) The board shall notify each applicant in writing of action taken on the application, the grounds for denying registration if registration is denied, and the applicant's right to review under paragraph (d).

(d) Applicants denied registration may make a written request to the board, within 30 days of the board's notice, to appear before the advisory council and for the advisory council to review the board's decision to deny the applicant's registration. After reviewing the denial, the advisory council shall make a recommendation to the board as to whether the denial shall be affirmed. Each applicant is allowed only one request for review per yearly registration period.

Sec. 7. [147C.25] [CONTINUING EDUCATION REQUIREMENTS.]

Subdivision 1. [NUMBER OF REQUIRED CONTACT HOURS.] Two years after the date of initial registration, and every two years thereafter, a registrant applying for registration renewal must complete a minimum of 24 contact hours of board-approved continuing education in the two years preceding registration renewal and attest to completion of continuing education requirements by reporting to the board.

Subd. 2. [APPROVED PROGRAMS.] The board shall approve continuing education programs that have been approved for continuing education credit by the American Association of Respiratory Care or the Minnesota Society for Respiratory Care or their successor organizations. The board shall also approve programs substantially related to respiratory care that are sponsored by an accredited university or college, medical school, state or national medical association, national medical specialty society, or that are approved for continuing education credit by the Minnesota board of nursing.

Subd. 3. [APPROVAL OF CONTINUING EDUCATION PROGRAMS.] The board shall also approve continuing education programs that do not meet the requirements of subdivision 2 but that meet the following criteria:

(1) the program content directly relates to the practice of respiratory care;

(2) each member of the program faculty is knowledgeable in the subject matter as demonstrated by a degree from an accredited education program, verifiable experience in the field of respiratory care, special training in the subject matter, or experience teaching in the subject area;

(3) the program lasts at least one contact hour;

(4) there are specific, measurable, written objectives, consistent with the program, describing the expected outcomes for the participants; and

(5) the program sponsor has a mechanism to verify participation and maintains attendance records for three years.

Subd. 4. [HOSPITAL, HEALTH CARE FACILITY, OR MEDICAL COMPANY IN-SERVICES.] Hospital, health care facility, or medical company in-service programs may qualify for continuing education credits provided they meet the requirements of this section.

Subd. 5. [ACCUMULATION OF CONTACT HOURS.] A registrant may not apply contact hours acquired in one two-year reporting period to a future continuing education reporting period.

Subd. 6. [VERIFICATION OF CONTINUING EDUCATION CREDITS.] The board shall periodically select a random sample of registrants and require those registrants to supply the board with evidence of having completed the continuing education to which they attested. Documentation may come directly from the registrant or from state or national organizations that maintain continuing education records.

Subd. 7. [RESTRICTION ON CONTINUING EDUCATION TOPICS.] A registrant may apply no more than a combined total of eight hours of continuing education in the areas of management, risk management, personal growth, and educational techniques to a two-year reporting period.


Journal of the House - 51st Day - Top of Page 3545

Subd. 8. [CREDIT FOR CREDENTIALING EXAMINATION.] A registrant may fulfill the continuing education requirements for a two-year reporting period by achieving a qualifying score on one of the credentialing examinations or a specialty credentialing examination of the National Board for Respiratory Care or another board-approved testing organization. A registrant may achieve 12 hours of continuing education credit by completing a National Board for Respiratory Care or other board-approved testing organization's specialty examination.

Sec. 8. [147C.30] [DISCIPLINE; REPORTING.]

For purposes of this chapter, registered respiratory care practitioners and applicants are subject to the provisions of sections 147.091 to 147.162.

Sec. 9. [147C.35] [RESPIRATORY CARE PRACTITIONER ADVISORY COUNCIL.]

Subdivision 1. [MEMBERSHIP.] The board shall appoint a seven-member respiratory care practitioner advisory council consisting of two public members as defined in section 214.02, three registered respiratory care practitioners, and two licensed physicians with expertise in respiratory care.

Subd. 2. [ORGANIZATION.] The advisory council shall be organized and administered under section 15.059. The council expires June 30, 2001.

Subd. 3. [DUTIES.] The advisory council shall:

(1) advise the board regarding standards for respiratory care practitioners;

(2) provide for distribution of information regarding respiratory care practitioner standards;

(3) advise the board on enforcement of sections 147.091 to 147.162;

(4) review applications and recommend granting or denying registration or registration renewal;

(5) advise the board on issues related to receiving and investigating complaints, conducting hearings, and imposing disciplinary action in relation to complaints against respiratory care practitioners;

(6) advise the board regarding approval of continuing education programs using the criteria in section 147C.25, subdivision 3; and

(7) perform other duties authorized for advisory councils by chapter 214, as directed by the board.

Sec. 10. [147C.40] [FEES.]

Subdivision 1. [FEES.] The board shall adopt rules setting:

(1) registration fees;

(2) renewal fees;

(3) late fees;

(4) inactive status fees;

(5) fees for temporary permits; and

(6) fees for temporary registration.

Subd. 2. [PRORATION OF FEES.] The board may prorate the initial annual registration fee. All registrants are required to pay the full fee upon registration renewal.


Journal of the House - 51st Day - Top of Page 3546

Subd. 3. [PENALTY FEE FOR LATE RENEWALS.] An application for registration renewal submitted after the deadline must be accompanied by a late fee in addition to the required fees.

Subd. 4. [NONREFUNDABLE FEES.] All of the fees in subdivision 1 are nonrefundable.

Sec. 11. [PHYSICIAN ASSISTANT ADVISORY COUNCIL MEMBERSHIP.]

The current members of the physician assistant advisory council, appointed pursuant to Minnesota Rules, part 5600.2665, shall continue to serve until their terms expire.

Sec. 12. [REPEALER.]

Minnesota Rules, parts 4762.0010; 4762.0020; 4762.0030; 4762.0040; 4762.0050; 4762.0060; 4762.0065; 4762.0070; 4762.0080; 4762.0090; 4762.0100; 4762.0200; and 4762.0300, are repealed.

Sec. 13. [EFFECTIVE DATE.]

Sections 2 to 10 and 12 are effective August 1, 1997, except that, until August 1, 1998, applicants for initial registration need not meet the credentialing requirement within five years prior to registration. Fees in effect on the day before the effective date of section 12 remain in effect until the board changes them by rule."

Delete the title and insert:

"A bill for an act relating to health; regulating the practice of respiratory care; establishing the requirements for registration and regulation of respiratory care practitioners; providing for continuing education, fees, reporting obligations, disciplinary actions, and for an advisory council; providing criminal penalties; creating a physician assistant advisory council; proposing coding for new law in Minnesota Statutes, chapter 147A; proposing coding for new law as Minnesota Statutes, chapter 147C; repealing Minnesota Rules, parts 4762.0010; 4762.0020; 4762.0030; 4762.0040; 4762.0050; 4762.0060; 4762.0065; 4762.0070; 4762.0080; 4762.0090; 4762.0100; 4762.0200; and 4762.0300."

The motion prevailed and the amendment was adopted.

S. F. No. 741, A bill for an act relating to health; regulating the practice of respiratory care; establishing the requirements for registration and regulation of respiratory care practitioners; providing for continuing education, fees, reporting obligations, disciplinary actions, and for an advisory council; providing criminal penalties; proposing coding for new law as Minnesota Statutes, chapter 147C; repealing Minnesota Rules, parts 4762.0010; 4762.0020; 4762.0030; 4762.0040; 4762.0050; 4762.0060; 4762.0065; 4762.0070; 4762.0080; 4762.0090; 4762.0100; 4762.0200; and 4762.0300.

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.

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

There were 126 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Journal of the House - 51st Day - Top of Page 3547
Delmont Jefferson Long Osthoff Stanek Wolf
Dempsey Jennings Luther Otremba Stang Workman
Dorn Johnson, A. Mahon Paulsen Sviggum Spk. Carruthers

Those who voted in the negative were:

Knight Krinkie Olson, M. Smith

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

S. F. No. 329, A bill for an act relating to liens; modifying certain provisions of the lien for veterinary services; amending Minnesota Statutes 1996, section 514.92, subdivisions 1, 1a, 2, 3, 4, and 5.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


Journal of the House - 51st Day - Top of Page 3548

S. F. No. 525, A bill for an act relating to public administration; modifying ownership restrictions for privatization of capital intensive public services; providing for the nonpublic status of internal competitive proposals; amending Minnesota Statutes 1996, sections 13.37; 471A.02, subdivisions 6, 11, and 13; 471A.03, subdivision 3; and 471A.10.

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.

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

There were 87 yeas and 42 nays as follows:

Those who voted in the affirmative were:

Anderson, I. Garcia Kahn Marko Paymar Tingelstad
Bakk Goodno Kalis McCollum Pelowski Tomassoni
Biernat Greenfield Kelso McElroy Peterson Trimble
Bishop Greiling Kinkel McGuire Pugh Tuma
Carlson Gunther Koskinen Milbert Rest Tunheim
Chaudhary Haas Kraus Mulder Rhodes Vickerman
Clark Hasskamp Kubly Mullery Rostberg Wagenius
Dawkins Hausman Kuisle Munger Rukavina Wejcman
Dehler Huntley Larsen Ness Schumacher Wenzel
Delmont Jaros Leighton Olson, E. Skare Westfall
Dorn Jefferson Lieder Opatz Skoglund Winter
Entenza Jennings Long Orfield Slawik Spk. Carruthers
Evans Johnson, A. Luther Osskopp Solberg
Finseth Johnson, R. Mahon Osthoff Stanek
Folliard Juhnke Mariani Otremba Swenson, D.

Those who voted in the negative were:

Abrams Daggett Kielkucki Mares Rifenberg Sykora
Anderson, B. Davids Knight Molnau Seagren Tompkins
Bettermann Dempsey Knoblach Nornes Seifert Van Dellen
Boudreau Erhardt Koppendrayer Olson, M. Smith Weaver
Bradley Harder Krinkie Paulsen Stang Westrom
Broecker Hilty Leppik Pawlenty Sviggum Wolf
Commers Holsten Lindner Reuter Swenson, H. Workman

The bill was passed and its title agreed to.

S. F. No. 1179, A bill for an act relating to traffic regulations; authorizing state and local authorities to issue annual overwidth permits for certain snowplowing vehicles; amending Minnesota Statutes 1996, section 169.86, subdivision 5, 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 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Journal of the House - 51st Day - Top of Page 3549
Dempsey Johnson, A. Luther Otremba Stanek Spk. Carruthers
Dorn Johnson, R. Mahon Ozment Stang
Entenza Juhnke Mares Paulsen Sviggum
Erhardt Kahn Mariani Pawlenty Swenson, D.

The bill was passed and its title agreed to.

S. F. No. 1693 was reported to the House.

Sviggum, Krinkie and Bettermann offered an amendment to S. F. No. 1693.

POINT OF ORDER

Leighton raised a point of order pursuant to rule 3.09 that the Sviggum et al amendment was not in order. Speaker pro tempore Wejcman ruled the point of order well taken and the Sviggum et al amendment out of order.

S. F. No. 1693, A bill for an act relating to labor relations; requiring employers to recognize certain employee organizations; amending Minnesota Statutes 1996, section 179A.12, 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 73 yeas and 59 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 51st Day - Top of Page 3550

Those who voted in the negative were:

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

The bill was passed and its title agreed to.

S. F. No. 854, A bill for an act relating to public employment; providing rights and procedures for certain public employees of local government units who are displaced as a result of a transfer of the provision of services from one local government unit to another local government unit; proposing coding for new law in Minnesota Statutes, chapter 465.

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 78 yeas and 53 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

The bill was passed and its title agreed to.


Journal of the House - 51st Day - Top of Page 3551

CALL OF THE HOUSE LIFTED

Winter moved that the call of the House be suspended. The motion prevailed and it was so ordered.

S. F. No. 575 was reported to the House.

Leighton moved to amend S. F. No. 575 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 181.953, subdivision 6, is amended to read:

Subd. 6. [RIGHTS OF EMPLOYEES AND JOB APPLICANTS.] (a) Before requesting an employee or job applicant to undergo drug or alcohol testing, an employer shall provide the employee or job applicant with a form, developed by the employer, on which to (1) acknowledge that the employee or job applicant has seen the employer's drug and alcohol testing policy, and (2) indicate any over-the-counter or prescription medications that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result.

(b) If an employee or job applicant tests positive for drug use, the employee must be given written notice of the right to explain the positive test and the employer may request that the employee or job applicant indicate any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result.

(c) Within three working days after notice of a positive test result on a confirmatory test, the employee or job applicant may submit information to the employer, in addition to any information already submitted under paragraph (a) (b), to explain that result, or may request a confirmatory retest of the original sample at the employee's or job applicant's own expense as provided under subdivision 9.

Sec. 2. Minnesota Statutes 1996, section 181.961, subdivision 2, is amended to read:

Subd. 2. [TIME; LOCATION; CONDITION; COPY.] (a) The employer shall comply with a written request pursuant to subdivision 1 no later than seven working days after receipt of the request if the personnel record is located in this state, or no later than 14 working days after receipt of the request if the personnel record is located outside this state.

(b) With respect to current employees, the personnel record or an accurate copy must be made available for review by the employee during the employer's normal hours of operation at the employee's place of employment or other reasonably nearby location, but need not be made available during the employee's working hours. The employer may require that the review be made in the presence of the employer or the employer's designee. After the review and upon the employee's written request, the employer shall provide a copy of the record to the employee.

(c) With respect to employees who are separated from employment, upon the employee's written request, the employer shall provide a copy of the personnel record to the employee. Providing a copy of the employee's personnel record to the employee satisfies the employer's responsibility to allow review as stated in subdivision 1.

(d) The employer may not charge a fee for the copy not to exceed the actual cost of making, compiling, and mailing the copy.

Sec. 3. Minnesota Statutes 1996, section 184A.20, is amended to read:

184A.20 [PENALTY; PRIVATE RIGHT OF ACTION.]

Subdivision 1. [PENALTY.] A person, agent, or officer of an agent, who violates any provision of sections 184A.01 to 184A.20 is guilty of a misdemeanor, punishable by a fine of not less than $25 nor more than $250 or imprisonment for a period of not more than 60 days, or both.


Journal of the House - 51st Day - Top of Page 3552

A person, firm, or corporation who shall split, divide, or share, directly or indirectly, a fee, charge, or compensation received from an employee with an employer, or person in any way connected with the business, shall be punished by a fine of not less than $500, and not more than $3,000, or, on failure to pay the fine, by imprisonment for a period not to exceed one year, or both, at the discretion of the court.

Subd. 2. [PRIVATE RIGHT OF ACTION.] A person who violates any provision of sections 184A.01 to 184A.20 or any rule or order thereunder is liable for actual damages, for rescission, or other relief as the court may deem appropriate. The prevailing party in any suit authorized under this section may recover costs and disbursements plus reasonable attorney fees, in addition to any other relief granted. The rights and remedies provided by this chapter are in addition to any and all other rights and remedies that may exist at law or in equity."

Delete the title and insert:

"A bill for an act relating to employment; modifying requirements for drug and alcohol testing; clarifying provisions on review of personnel records by employees; creating a private right of action for violations of certain provisions regarding entertainment agencies; amending Minnesota Statutes 1996, sections 181.953, subdivision 6; 181.961, subdivision 2; and 184A.20."

The motion prevailed and the amendment was adopted.

Leighton and Garcia moved to amend S. F. No. 575, as amended, as follows:

Page 1, after line 9, insert:

"Section 1. Minnesota Statutes 1996, section 181.14, subdivision 1, as amended by Laws 1997, chapter 83, section 6, if enacted, is amended to read:

Subdivision 1. [PROMPT PAYMENT REQUIRED.] (a) When any such employee quits or resigns employment, the wages or commissions earned and unpaid at the time the employee quits or resigns shall be paid in full not later than the first regularly scheduled payday following the employee's final day of employment, unless an employee is subject to a collective bargaining agreement with a different provision. If the first regularly scheduled payday is less than five calendar days following the employee's final day of employment, full payment may be delayed until the second regularly scheduled payday but shall not exceed a total of 20 calendar days following the employee's final day of employment.

(b) Notwithstanding the provisions of paragraph (a), in the case of migrant workers, as defined in section 181.85, the wages or commissions earned and unpaid at the time employee quits or resigns shall become due and payable within five days thereafter."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 575, A bill for an act relating to employment; modifying requirements for drug and alcohol testing; clarifying provisions on review of personnel records by employees; setting a limit for penalties on unpaid OSHA fines; providing the criminal penalty of gross misdemeanor for an assault on an occupational safety and health investigator; amending Minnesota Statutes 1996, sections 181.953, subdivision 6; 181.961, subdivision 2; 182.666, subdivision 7; and 609.2231, subdivision 6.

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


Journal of the House - 51st Day - Top of Page 3553

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Anderson, B. Knight Krinkie Reuter

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

S. F. No. 683 was reported to the House.

Anderson, I., moved to amend S. F. No. 683 as follows:

Page 2, after line 10, insert:

"Sec. 2. [INTERNATIONAL FALLS; NOTIFICATION OF RESIDENCY REQUIREMENTS.]

Notwithstanding Minnesota Statutes, section 415.16, or provision of other law, home rule charter, ordinance, resolution or rule to the contrary, the city of International Falls must provide 30 days' written notice to employees to require residency within the city's territorial limits as a condition of continued employment by the city. The residency requirement will not apply to employees who have resided out of the city in accordance with city ordinance prior to the date this requirement is imposed.

Sec. 3. [LOCAL APPROVAL.]

Section 2 takes effect the day after the governing body of the city of International Falls complies with Minnesota Statutes, section 645.021, subdivision 3."

Page 2, line 11, delete "2" and insert "4"

Amend the title accordingly

A roll call was requested and properly seconded.


Journal of the House - 51st Day - Top of Page 3554

POINT OF ORDER

Krinkie raised a point of order pursuant to rule 3.09 that the Anderson, I., amendment was not in order. Speaker pro tempore Wejcman ruled the point of order not well taken and the Anderson, I., amendment in order.

The question recurred on the Anderson, I., amendment and the roll was called. There were 64 yeas and 67 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

S. F. No. 683, A bill for an act relating to public employment; requiring notice before dissolution of certain self insured employee benefit plans; amending Minnesota Statutes 1996, section 471.617, subdivision 4.

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 Pawlenty Swenson, D.
Anderson, I. Finseth Kelso Marko Paymar Swenson, H.
Bakk Folliard Kielkucki McCollum Pelowski Sykora
Bettermann Garcia Kinkel McElroy Peterson Tingelstad
Biernat Goodno Knight McGuire Pugh Tomassoni
Bishop Greenfield Knoblach Milbert Rest Tompkins
Boudreau Greiling Koppendrayer Molnau Reuter Trimble

Journal of the House - 51st Day - Top of Page 3555
Bradley Gunther Koskinen Mulder Rhodes Tuma
Broecker Haas Kraus Mullery Rifenberg Tunheim
Carlson Harder Krinkie Munger Rostberg Van Dellen
Chaudhary Hasskamp Kubly Murphy Rukavina Vickerman
Clark Hausman Kuisle Ness Schumacher 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.

H. F. No. 1936 was reported to the House.

Murphy moved to amend H. F. No. 1936 as follows:

Page 2, line 17, after "select" insert "one or three"

Page 2, line 20, after "on" insert "the arbitrator or"

Page 2, line 22, after "upon" insert "the arbitrator or"

Page 2, line 25, after "seven", insert "randomly selected" and before the period, insert "from the roster"

Page 2, line 34, after "The" insert "arbitrator or"

Page 2, line 36, after the second "the", insert "arbitrator or"

Page 3, line 4, after "by" insert "an arbitrator or"

Page 3, line 7, after "the", insert "arbitrator or"

Page 3, line 10, after "arbitrator", insert "or panel"

Page 3, line 13, delete "an arbitration" and insert "the arbitrator or the" and after "the" insert "arbitrator or"

Page 3, line 17, delete "arbitration" and insert "arbitrator or"

Page 3, line 20, after "The" insert "arbitrator or"

Page 3, line 23, after "the" insert "arbitrator's or"

Page 3, line 30, after "the" insert "arbitrator or"

Page 3, line 36, after "The" insert "arbitrator's or panel's"


Journal of the House - 51st Day - Top of Page 3556

Page 4, line 2, after "the" insert "arbitrator or"

Page 4, line 5, after "The" insert "arbitrator's or"

Page 4, line 7, after "The" insert "arbitrator or"

Page 4, line 10, after "The" insert "arbitrator's or"

Page 4, line 12, after "The" insert "arbitrator or"

Page 4, line 15, after "arbitrator" insert "or panel"

Page 4, line 16, after "arbitrator" insert "or panel"

Page 4, line 18, after "the", insert "arbitrator or"

Page 4, line 22, after "The", insert "arbitrator or"

Page 4, line 26, after the first "the" insert "arbitrator or"

The motion prevailed and the amendment was adopted.

CALL OF THE HOUSE

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

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

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

Krinkie and Bettermann offered an amendment to H. F. No. 1936, as amended.


Journal of the House - 51st Day - Top of Page 3557

POINT OF ORDER

Bakk raised a point of order pursuant to rule 3.09 that the Krinkie and Bettermann amendment was not in order.

Speaker pro tempore Wejcman, pursuant to section 245 of "Mason's Manual of Legislative Procedure", submitted the following question to the House: "Is it the judgment of the House that the Bakk point of order is well taken?"

A roll call was requested and properly seconded.

The question was taken on the Bakk point of order and the roll was called.

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

There were 69 yeas and 63 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

So it was the judgment of the House that the Bakk point of order was well taken and the Krinkie and Bettermann amendment out of order.

H. F. No. 1936, A bill for an act relating to labor relations; requiring arbitration in certain circumstances; establishing procedures; providing penalties; amending Minnesota Statutes 1996, sections 179.06, by adding a subdivision; and 179A.16, subdivision 3, and by adding a subdivision.

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


Journal of the House - 51st Day - Top of Page 3558

The question was taken on the passage of the bill and the roll was called. There were 72 yeas and 62 nays as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

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

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

Speaker pro tempore Wejcman called Opatz to the Chair.

S. F. No. 399, A bill for an act relating to economic security; providing for the administration of certain employment and training services; proposing coding for new law in Minnesota Statutes, chapter 268.

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 Juhnke Mahon Paulsen Stang
Anderson, B. Evans Kahn Mares Pawlenty Sviggum
Anderson, I. Farrell Kalis Mariani Paymar Swenson, D.
Bakk Finseth Kelso Marko Pelowski Swenson, H.
Bettermann Folliard Kielkucki McElroy Peterson Sykora
Biernat Garcia Kinkel McGuire Pugh Tingelstad
Bishop Goodno Knight Milbert Rest Tompkins
Boudreau Greenfield Knoblach Molnau Reuter Trimble
Bradley Greiling Koppendrayer Mulder Rhodes Tuma
Broecker Gunther Koskinen Mullery Rifenberg Tunheim
Carlson Haas Kraus Munger Rostberg Van Dellen
Chaudhary Harder Krinkie Murphy Rukavina Vickerman
Clark Hasskamp Kubly Ness Schumacher Wagenius
Commers Hausman Kuisle Nornes Seagren Weaver
Daggett Hilty Larsen Olson, E. Seifert Wejcman
Davids Holsten Leighton Olson, M. Sekhon Wenzel

Journal of the House - 51st Day - Top of Page 3559
Dawkins Huntley Leppik Opatz Skare Westfall
Dehler Jaros Lieder Orfield Skoglund Westrom
Delmont Jefferson Lindner Osskopp Slawik Winter
Dempsey Jennings Long Osthoff Smith Wolf
Dorn Johnson, A. Luther Otremba Solberg Workman
Entenza Johnson, R. Macklin Ozment Stanek Spk. Carruthers

The bill was passed and its title agreed to.

CALL OF THE HOUSE LIFTED

Winter moved that the call of the House be suspended. The motion prevailed and it was so ordered.

H. F. No. 858, A bill for an act relating to health; regulating health plans; providing for certain disclosures; amending Minnesota Statutes 1996, sections 62J.04, subdivisions 1, 1a, and 3; 62J.041; and 62J.042, subdivisions 2, 3, and 4.

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

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

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.


Journal of the House - 51st Day - Top of Page 3560

S. F. No. 156 was reported to the House.

Delmont moved that S. F. No. 156 be temporarily laid over on Special Orders. The motion prevailed.

S. F. No. 1165, A bill for an act relating to natural resources; restricting the production of planting stock by the commissioner of natural resources; requiring public disclosure of information relating to the commissioner's production of planting stock; extending certain timber permits; amending Minnesota Statutes 1996, sections 89.35, subdivision 1; 89.36, subdivision 1, and by adding a subdivision; and 89.37, subdivision 3, 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 131 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Those who voted in the negative were:

Hausman

The bill was passed and its title agreed to.

S. F. No. 156 which was temporarily laid over earlier today on Special Orders was again reported to the House.

Delmont moved to amend S. F. No. 156 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 325E.02, is amended to read:


Journal of the House - 51st Day - Top of Page 3561

325E.02 [CUSTOMER DEPOSITS.]

Any customer deposit required before commencement of service by a privately or publicly owned water, gas, telephone, cable television, electric light, heat, or power company shall be subject to the following:

(a) Upon termination of service with all bills paid, the deposit shall be returned to the customer within 45 days, less any deductions made in accordance with paragraph (c).

(b) Interest shall be paid on deposits in excess of $20 at the rate of six not less than three percent per year. The company may, at its option, pay the interest at intervals it chooses but at least annually, by direct payment, or as a credit on bills.

(c) At the time the deposit is made the company shall furnish the customer with a written receipt specifying the conditions, if any, the deposit will be diminished upon return.

(d) Advance payments or prepayments shall not be construed as being a deposit.

Sec. 2. [EFFECTIVE DATE.]

Section 1 applies to the calculation of interest on and after August 1, 1996, on deposits held or received on or after that date."

The motion prevailed and the amendment was adopted.

S. F. No. 156, A bill for an act relating to consumer protection; regulating interest payments on utility deposits; amending Minnesota Statutes 1996, section 325E.02.

The bill was read for the 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 126 yeas and 7 nays as follows:

Those who voted in the affirmative were:

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


Journal of the House - 51st Day - Top of Page 3562

Those who voted in the negative were:

Anderson, B. Knight Krinkie Olson, M. Pawlenty Skoglund
Weaver

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.

GENERAL ORDERS

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.

REPORTS OF STANDING COMMITTEES

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

H. F. No. 435, A bill for an act relating to the environment; amending the Minnesota Environmental Response and Liability Act; providing for the use of institutional controls to assure protectiveness of cleanup remedies; authorizing the pollution control agency to enter into certain cleanup settlements; changing a report date; appropriating money; amending Minnesota Statutes 1996, sections 115B.02, subdivision 16, and by adding a subdivision; 115B.17, subdivisions 14, 15, and by adding subdivisions; and 115B.412, subdivision 10.

Reported the same back with the following amendments:

Page 8, after line 19, insert:

"Sec. 11. Minnesota Statutes 1996, section 115B.48, subdivision 3, is amended to read:

Subd. 3. [DRYCLEANING FACILITY.] "Drycleaning facility" means a facility located in this state that is or has been used for a drycleaning operation, other than:

(1) a coin-operated drycleaning operation;

(2) a facility located on a United States military base;

(3) a uniform service or linen supply facility;

(4) a prison or other penal institution;

(5) a facility on the national priorities list established under the Federal Superfund Act; or

(6) a facility at which a response action has been taken or started under section 115B.17 before July 1, 1995, except as authorized in a settlement agreement approved by the commissioner by July 1, 1997.


Journal of the House - 51st Day - Top of Page 3563

Sec. 12. Minnesota Statutes 1996, section 115B.48, subdivision 8, is amended to read:

Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence" means 2,000 hours worked by employees, owners, and others, at duties related to the drycleaning operation in a drycleaning facility during a 12-month period beginning July 1 of the preceding year and running through June 30 of the year in which the annual registration fee is due. For those drycleaning facilities that were in business less than the 12-month period, full-time equivalence means the total of all of the hours worked at duties related to the drycleaning operation in the drycleaning facility, divided by 2,000 and multiplied by a fraction, the numerator of which is 50 and the denominator of which is the number of weeks in business during the reporting period.

Sec. 13. Minnesota Statutes 1996, section 115B.49, subdivision 4, is amended to read:

Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator of a drycleaning facility shall register on or before July 1 of each year with the commissioner of revenue in a manner prescribed by the commissioner of revenue and pay a registration fee for the facility. The amount of the fee is:

(1) $500, for facilities with a full-time equivalence of fewer than five;

(2) $1,000, for facilities with a full-time equivalence of five to ten; and

(3) $1,500, for facilities with a full-time equivalence of more than ten.

(b) A person who sells drycleaning solvents for use by drycleaning facilities in the state shall collect and remit to the commissioner of revenue in a manner prescribed by the commissioner of revenue, on or before the 20th day of the month following the month in which the sales of drycleaning solvents are made, a fee of:

(1) $3.50 for each gallon of perchloroethylene sold for use by drycleaning facilities in the state; and

(2) 70 cents for each gallon of hydrocarbon-based drycleaning solvent sold for use by drycleaning facilities in the state.

(c) The commissioner shall, after a public hearing but notwithstanding section 16A.1285, subdivision 4, annually adjust the fees in this subdivision as necessary to maintain an unencumbered balance in the account annual income of at least $1,000,000:

(1) $600,000 beginning July 1, 1997;

(2) $700,000 beginning July 1, 1998; and

(3) $800,000 beginning July 1, 1999.

Any adjustment under this paragraph must be prorated among all the fees in this subdivision. Fees adjusted under this paragraph may not exceed 200 percent of the fees in this subdivision After adjustment under this paragraph, the fees in this subdivision must not be greater than two times their original amount. The commissioner shall notify the commissioner of revenue of an adjustment under this paragraph no later than March 1 of the year in which the adjustment is to become effective. The adjustment is effective for sales of drycleaning solvents made, and annual registration fees due, beginning on July 1 of the same year.

(d) To enforce this subdivision, the commissioner of revenue may examine documents, assess and collect fees, conduct investigations, issue subpoenas, grant extensions to file returns and pay fees, impose penalties and interest on the annual registration fee under paragraph (a) and the monthly fee under paragraph (b), abate penalties and interest, and administer appeals, in the manner provided in chapters 270 and 289A. The penalties and interest imposed on taxes under chapter 297A apply to the fees imposed under this subdivision. Disclosure of data collected by the commissioner of revenue under this subdivision is governed by chapter 270B."

Page 8, line 20, delete "11" and insert "14"


Journal of the House - 51st Day - Top of Page 3564

Page 8, line 25, after the period, insert "Sections 11 to 13 are effective the day following final enactment."

Amend the title as follows:

Page 1, line 7, after "settlements;" insert "modifying the drycleaner environmental response and reimbursement law;"

Page 1, line 11, delete "and" and before the period insert "; 115B.48, subdivisions 3 and 8; and 115B.49, subdivision 4"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 1504, A bill for an act relating to natural resources; extending permits for timber sales that expire in 1997.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 435 was read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 1504 was read for the second time.

MESSAGES FROM THE SENATE

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. 664, A bill for an act relating to state government; adding authority for the board of water and soil resources to accept and administer federal grants, donations, gifts, and other contributions to achieve authorized objectives of the agency; amending Minnesota Statutes 1996, sections 103B.101, subdivision 9; and 103C.401, subdivision 1.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:


Journal of the House - 51st Day - Top of Page 3565

H. F. No. 257, A bill for an act relating to health; establishing licensing requirements for the provision of ambulance service; establishing registration requirements for first responders; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1996, section 144.802, subdivisions 1, 2, 3, 3b, 4, 5, and 6.

The Senate has appointed as such committee:

Mrs. Lourey; Messrs. Dille and Betzold.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 282, A bill for an act relating to the metropolitan council; providing for appointment, discharge, and discipline of metropolitan transit police peace officers; amending Minnesota Statutes 1996, sections 473.125; 473.407, subdivision 4; and 626.84, subdivision 1.

The Senate has appointed as such committee:

Messrs. Wiger; Johnson, D. H., and Ms. Robertson.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 1684, A bill for an act relating to education; kindergarten through grade 12; providing for general education; special programs; lifework development; education organization, cooperation, and facilities; education excellence; academic performance; education policy issues; libraries; technology; state agencies; conforming and technical amendments; school bus safety; appropriating money; amending Minnesota Statutes 1996, sections 16A.11, by adding a subdivision; 120.062, subdivisions 7 and 9; 120.0621, subdivisions 5a, 5b, 6, and by adding a subdivision; 120.064, subdivisions 3, 4, 4a, 5, 8, 11, 20a, and by adding subdivisions; 120.101, subdivision 5c, and by adding a subdivision; 120.17, subdivision 3a; 120.181; 121.11, subdivision 7c, and by adding a subdivision; 121.1115, by adding subdivisions; 121.15, by adding subdivisions; 121.155, by adding a subdivision; 121.602, subdivisions 1, 2, and 4; 121.611; 121.615, subdivisions 2, 3, 5, 6, 7, 8, 9, and 10; 121.703, subdivision 3; 121.904, subdivision 4a; 123.34, by adding a subdivision; 123.3514, subdivisions 4, 4a, 4c, 4e, 6c, 8, and by adding subdivisions; 123.39, subdivision 6; 123.799, subdivision 1; 123.7991, subdivisions 1 and 2; 123.935, subdivision 7; 124.155, subdivision 1; 124.17, subdivision 4, and by adding a subdivision; 124.193; 124.195, subdivisions 2, 7, 10, 11, and by adding a subdivision; 124.225, subdivisions 1, 3a, 7b, 7d, 7f, 8a, 10, 13, 14, 15, and 17; 124.226, subdivisions 4, 9, and 10; 124.2445; 124.2455; 124.248, subdivisions 1 and 3; 124.2613, subdivisions 3 and 6; 124.2727, subdivisions 6a, 6c, and 6d; 124.273, subdivisions 1d, 1e, 1f, and 5; 124.312, subdivisions 4 and 5; 124.313;


Journal of the House - 51st Day - Top of Page 3566

124.314, subdivisions 1 and 2; 124.3201, subdivisions 1, 2, 3, and 4; 124.321, subdivision 1; 124.323, subdivisions 1 and 2; 124.42, subdivision 4; 124.431, subdivisions 2 and 11; 124.45; 124.481; 124.573, subdivision 2f; 124.574, subdivisions 1, 2d, 2f, 5, 6, and 9; 124.646, subdivision 1; 124.83, subdivisions 1 and 2; 124.86, subdivision 2, and by adding a subdivision; 124.91, subdivisions 1 and 5; 124.912, subdivisions 1, 2, and 3; 124.916, subdivisions 1, 2, and 3; 124.918, subdivision 6; 124.95, subdivision 2; 124.961; 124A.03, subdivision 1c; 124A.036, subdivisions 5 and 6; 124A.04, subdivision 2; 124A.22, subdivisions 1, 2, as amended, 3, 6, 6a, 10, 11, 13b, and by adding a subdivision; 124A.225, subdivisions 1 and 4; 124A.23, subdivisions 1 and 3; 124A.26, subdivision 1; 124A.28; 124C.45, subdivision 1a; 124C.46, subdivisions 1 and 2; 124C.498, subdivision 2; 125.05, subdivisions 1c and 2; 125.12, subdivision 14; 126.22, subdivision 2; 126.23, subdivision 1; 126.77, subdivision 1; 126.82; 127.27, subdivision 10; 127.282; 128C.02, subdivision 2; 128C.08, subdivision 5; 134.155, subdivisions 2 and 3; 134.34, subdivision 4; 136A.233, by adding a subdivision; 169.01, subdivision 6; 169.447, subdivision 6; 169.4501, subdivisions 1 and 2; 169.4502, subdivisions 2, 7, 11, and by adding subdivisions; 169.4503, subdivisions 1, 2, 10, 13, 14, 17, 19, 23, 24, and by adding a subdivision; 169.4504, subdivision 1, and by adding a subdivision; 169.452; and 171.3215, subdivision 4; Laws 1991, chapter 265, article 1, section 30, as amended; Laws 1992, chapter 499, article 7, section 31; Laws 1995, First Special Session chapter 3, article 1, section 56; article 2, section 52; article 3, section 11, subdivisions 1, 2, and 5; article 11, section 21, subdivision 3; article 12, section 7, subdivision 1; Laws 1996, chapter 412, article 4, section 34, subdivision 4; and article 12, sections 8 and 11; proposing coding for new law in Minnesota Statutes, chapters 120; 121; 124; 126; and 127; proposing coding for new law as Minnesota Statutes, chapter 256J; repealing Minnesota Statutes 1996, sections 121.904, subdivision 4d; 124.177; 124.225, subdivisions 13, 14, 15, 16, and 17; 124.226, subdivisions 1, 3, 3a, 6, and 10; 124.3201, subdivisions 2a and 2b; 124A.22, subdivisions 2a, 13, and 13a; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711; 124A.72; 124A.73; 126.113; 128B.10; 134.34, subdivision 4a; 134.46; 169.4502, subdivisions 6 and 9; 169.4503, subdivisions 3, 8, 9, 11, 12, and 22; and 169.454, subdivision 11; Laws 1993, chapter 146, article 5, section 20; Laws 1994, chapter 647, article 7, section 18; and Laws 1995, First Special Session chapter 3, article 12, section 8.

The Senate has appointed as such committee:

Messrs. Pogemiller; Janezich; Mrs. Scheid; Mses. Robertson and Olson.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2163, A bill for an act relating to the financing and operation of state and local government; providing for property tax reform; providing for education financing; limiting education revenue referenda for 1997; changing property tax refunds for homeowners and renters; changing truth-in-taxation requirements; providing for joint truth-in-taxation hearings; imposing levy limits on cities and counties; changing fiscal note requirements for state mandates; providing for reimbursement for costs of state mandates; providing for certain property tax exemptions; establishing a property tax reform account; providing a refundable credit for 1997 property taxes; making miscellaneous property tax changes; providing a senior citizens property tax deferral program; changing aids to local governments; changing tax increment financing provisions; authorizing certain tax increment districts; exempting certain tax increment districts from certain requirements; authorizing local taxes, levies, and abatements; conforming certain income tax laws with changes in federal law; providing income tax credits; modifying the application of sales and excise taxes; exempting certain purchases from the sales tax; modifying waste management tax and taconite tax provisions; increasing the budget reserve; revising the law governing regional development commissions; providing for certain payments to counties; making miscellaneous technical changes and corrections; requiring studies; appropriating money; amending Minnesota Statutes 1996, sections 6.76; 16A.152, subdivision 2; 69.021, subdivision 7; 93.41; 103D.905, subdivisions 4, 5, and by adding a subdivision; 115A.554; 116.07, subdivision 10; 117.155; 121.15, by adding a subdivision; 122.247, subdivision 3; 122.45, subdivision 3a; 122.531,


Journal of the House - 51st Day - Top of Page 3567

subdivisions 4a and 9; 122.533; 122.535, subdivision 6; 124.2131, subdivision 1; 124.239, subdivision 5, and by adding subdivisions; 124.2601, subdivisions 2 and 3; 124.2711, subdivisions 1 and 5; 124.2713, subdivision 1; 124.2714; 124.2715, subdivision 1; 124.2716, subdivision 2; 124.2725, subdivisions 2, 6, 13, and 14; 124.2726, subdivisions 1 and 3; 124.2727, subdivision 6a; 124.312, subdivision 5; 124.313; 124.4945; 124.83, subdivision 3; 124.91, subdivisions 1, 2, 5, and 7; 124.912, subdivisions 1, 3, 6, and 7; 124.914, subdivisions 1, 2, 3, and 4; 124.916, subdivisions 1, 3, and 4; 124.918, subdivision 8; 124.95, subdivision 1; 124A.03, subdivision 1g; 124A.23, subdivision 1; 124A.292, subdivision 2; 161.45, by adding a subdivision; 216B.16, by adding subdivisions; 270.60, by adding a subdivision; 270B.02, by adding a subdivision; 270B.12, by adding a subdivision; 271.01, subdivision 5; 271.19; 272.02, subdivision 1, and by adding a subdivision; 272.115; 273.11, subdivisions 1a, 16, and by adding a subdivision; 273.111, subdivisions 3 and 6; 273.112, by adding a subdivision; 273.121; 273.124, subdivisions 1, 14, and by adding a subdivision; 273.13, subdivisions 1, 22, 23, 24, 25, 31, and by adding subdivisions; 273.135, subdivision 2; 273.1391, subdivision 2; 273.1398, subdivisions 1, 1a, 6, 8, and by adding subdivisions; 273.18; 274.01; 274.13, by adding subdivisions; 275.065, subdivisions 1, 3, 5a, 6, 8, and by adding subdivisions; 275.07, subdivision 4; 275.08, subdivision 1b; 276.04, subdivision 2; 276A.04; 276A.05, subdivisions 1 and 5; 276A.06, subdivisions 2, 3, 5, and 9; 278.07; 281.13; 281.23, subdivision 6; 281.273; 281.276; 282.01, subdivision 8; 282.04, subdivision 1; 287.22; 289A.02, subdivision 7; 289A.26, subdivisions 2, 3, 6, and 7; 289A.56, subdivision 4; 290.01, subdivisions 19, 19a, 19b, 19c, 19d, 19g, and 31; 290.014, subdivisions 2 and 3; 290.015, subdivision 5; 290.06, subdivision 22, and by adding subdivisions; 290.067, subdivision 1; 290.068, subdivision 1; 290.0922, subdivision 1; 290.17, subdivision 1; 290.371, subdivision 2; 290.92, by adding a subdivision; 290.9725; 290.9727, subdivision 1; 290.9728, subdivision 1; 290A.03, subdivisions 6, 7, 11, and 13; 290A.04, subdivisions 1, 2, 6, and by adding a subdivision; 290A.19; 291.005, subdivision 1; 295.50, subdivision 6; 295.58; 296.141, subdivision 4; 296.18, subdivision 1; 297A.01, subdivisions 3, 4, 7, 11, 15, and 16; 297A.02, subdivision 2; 297A.14, subdivision 4; 297A.211, subdivision 1; 297A.25, subdivisions 2, 3, 7, 11, 56, 59, and by adding subdivisions; 297A.45; 297B.01, subdivisions 7 and 8; 297E.02, subdivision 6; 297E.04, subdivision 3; 298.24, subdivision 1; 298.28, subdivisions 2, 3, 4, 5, 9a, and by adding subdivisions; 298.2961, subdivision 1; 298.75, subdivisions 1, 4, and by adding a subdivision; 325D.33, subdivision 3; 349.12, subdivision 26a; 349.154, subdivision 2; 349.163, subdivision 8; 349.19, subdivision 2a; 349.191, subdivision 1b; 373.40, subdivision 7; 398A.04, subdivision 1; 462.381; 462.383; 462.384, subdivision 5; 462.385; 462.386, subdivision 1; 462.387; 462.388; 462.389, subdivisions 1, 3, and 4; 462.39, subdivisions 2 and 3; 462.391, subdivision 5, and by adding subdivisions; 462.393; 462.394; 462.396; 462.398; 469.012, subdivision 1; 469.033, subdivision 6; 469.040, subdivision 3, and by adding a subdivision; 469.174, subdivisions 10, 19, and by adding subdivisions; 469.175, subdivision 3, and by adding subdivisions; 469.176, subdivisions 1b, 2, 4c, 4g, 4j, and 6; 469.177, subdivisions 1, 3, and 4; 473F.06; 473F.07, subdivisions 1 and 5; 473F.08, subdivisions 2, 3, 5, and 8a; 477A.011, subdivisions 20, 34, 35, 36, 37, and by adding subdivisions; 477A.013, subdivisions 1 and 9; 477A.03, subdivision 2; and 477A.05; Laws 1992, chapter 511, article 2, section 52; Laws 1993, chapter 375, article 9, section 45, subdivisions 2, 3, 4, and by adding a subdivision; Laws 1995, chapter 264, article 5, sections 44, subdivision 4, as amended; and 45, subdivision 1, as amended; Laws 1997, chapter 34, section 2; proposing coding for new law in Minnesota Statutes, chapters 3; 14; 16A; 124; 124A; 270; 273; 275; 290; 297A; 383A; 383B; 458D; 462A; 469; 477A; proposing coding for new law as Minnesota Statutes, chapter 290B; repealing Minnesota Statutes 1996, sections 3.982; 124.2131, subdivision 3a; 124.2134; 124.225, subdivisions 1, 3a, 7a, 7b, 7d, 7e, 7f, 8a, 8k, 8l, 8m, 9, 10, 13, 14, 15, 16, and 17; 124.226; 124.2442; 124.2601, subdivisions 4, 5, and 6; 124.2711, subdivisions 2a and 3; 124.2713, subdivisions 6, 6a, 6b, and 7; 124.2715, subdivisions 2 and 3; 124.2716, subdivisions 3 and 4; 124.2725, subdivisions 3, 4, 5, and 7; 124.2727, subdivisions 6b, 6c, and 9; 124.314, subdivision 2; 124.321; 124.91, subdivisions 2, 4, and 7; 124.912, subdivision 2; 124A.029; 124A.03, subdivisions 2a and 3b; 124A.0311; 124A.22, subdivisions 4a, 4b, 8a, 8b, 13d, and 13e; 124A.23, subdivisions 1, 2, 3, and 4; 124A.26, subdivisions 2 and 3; 124A.292, subdivisions 3 and 4; 270B.12, subdivision 11; 273.13, subdivisions 21a and 32; 273.1315; 273.1317; 273.1318; 273.1398, subdivisions 2, 2c, 2d, 3, and 3a; 273.1399; 273.166; 275.08, subdivisions 1c and 1d; 275.61; 276.012; 276A.06, subdivision 9; 290A.03, subdivisions 12a and 14; 290A.055; 290A.26; 297A.01, subdivisions 20 and 21; 297A.02, subdivision 5; 297A.25, subdivision 29; 462.384, subdivision 7; 462.385, subdivision 2; 462.389, subdivision 5; 462.391, subdivisions 1, 2, 3, 4, 6, 7, 8, and 9; 462.392; 469.176, subdivisions 1a and 5; 469.1782, subdivision 1; 469.181; 473F.08, subdivision 8a; and 645.34; Laws 1995, chapter 264, article 4, as amended.

The Senate has appointed as such committee:

Mr. Johnson, D. J.; Ms. Pappas; Messrs. Hottinger, Belanger and Vickerman.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 51st Day - Top of Page 3568

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 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 Senate has appointed as such committee:

Mr. Pogemiller; Ms. Krentz and Mr. Scheevel.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

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

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Wiger; Kelly, R. C., and Ms. Lesewski.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Marko moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 612. The motion prevailed.

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

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,


Journal of the House - 51st Day - Top of Page 3569

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 Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Messrs. Betzold; Ten Eyck, and Ms. Runbeck.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

McGuire moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 457. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 1208, 1111 and 1268.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 1208, A bill for an act relating to MinnesotaCare; eliminating the health care commission; modifying the regional coordinating boards; eliminating integrated service networks; modifying the health technology advisory committee; expanding the eligibility of the MinnesotaCare program; modifying general assistance medical care; modifying the enforcement mechanisms for the provider tax pass-through; modifying mandatory Medicare assignment; making technical, policy, and administrative changes and connections to MinnesotaCare taxes; providing grants for MinnesotaCare outreach; regulating community purchasing arrangements; requiring certain studies; appropriating money; amending Minnesota Statutes 1996, sections 60A.15, subdivision 1; 60A.951, subdivision 5; 62A.61; 62J.017; 62J.06; 62J.07, subdivisions 1 and 3; 62J.09, subdivision 1; 62J.15, subdivision 1; 62J.152, subdivisions 1, 2, 4, 5, and by adding a subdivision; 62J.17, subdivision 6a; 62J.22; 62J.25; 62J.2914, subdivision 1; 62J.2915; 62J.2916, subdivision 1; 62J.2917, subdivision 2; 62J.2921, subdivision 2; 62J.451, subdivision 6b; 62M.02, subdivision 21; 62N.01, subdivision 1; 62N.22; 62N.23; 62N.25, subdivision 5; 62N.26; 62N.40; 62Q.01, subdivisions 3, 4, and 5; 62Q.03, subdivision 5a; 62Q.106; 62Q.19, subdivision 1; 62Q.33, subdivision 2; 62Q.45, subdivision 2; 136A.1355; 144.147, subdivisions 1, 2, 3, and 4; 144.1484, subdivision 1; 256.01, subdivision 2; 256.045, subdivision 3a; 256.9352, subdivision 3; 256.9353, subdivisions 1, 3, and 7; 256.9354, subdivisions 4, 5, 6, 7, and by adding a subdivision; 256.9355, subdivisions 1, 4, and by adding a subdivision; 256.9357, subdivision 3; 256.9358, subdivision 4; 256.9359, subdivision 2; 256.9363, subdivisions 1 and 5; 256.9657, subdivision 3; 256B.0625, subdivision 13; 256D.03, subdivision 3; 295.50, subdivisions 3, 4, 6, 7, 9b, 13, 14, and by adding a subdivision; 295.51, subdivision 1; 295.52, subdivisions 1, 1a, 2, 4, and by adding subdivisions; 295.53, subdivisions 1, 3, and 4; 295.54, subdivisions 1 and 2; 295.55, subdivision 2; and 295.582; proposing coding for new law in Minnesota Statutes, chapters 16A; 144; and 256; proposing coding for new law as Minnesota Statutes, chapter 62S; repealing Minnesota Statutes 1996, sections 62E.11, subdivision 12; 62J.04, subdivisions 4 and 7; 62J.05; 62J.051; 62J.09, subdivision 3a; 62J.37; 62N.01, subdivision 2; 62N.02, subdivisions 2, 3, 4b, 4c, 6, 7, 8, 9, 10, and 12; 62N.03; 62N.04; 62N.05; 62N.06; 62N.065; 62N.071; 62N.072; 62N.073; 62N.074; 62N.076; 62N.077; 62N.078; 62N.10; 62N.11; 62N.12; 62N.13; 62N.14; 62N.15; 62N.17; 62N.18; 62N.24; 62N.38; 62Q.165, subdivision 3; 62Q.25; 62Q.29; 62Q.41;


Journal of the House - 51st Day - Top of Page 3570

147.01, subdivision 6; 295.52, subdivision 1b; and 295.53, subdivision 5; Laws 1993, chapter 247, article 4, section 8; Laws 1994, chapter 625, article 5, section 5, as amended; Laws 1995, chapter 96, section 2; and Laws 1995, First Special Session chapter 3, article 13, section 2.

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

S. F. No. 1111, A bill for an act relating to agriculture; changing well water testing requirements for certain grade A milk producers; amending Minnesota Statutes 1996, section 32.394, subdivision 11.

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

S. F. No. 1268, A bill for an act relating to public utilities; providing for an analysis of certain utility personal property taxes.

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

MOTIONS AND RESOLUTIONS

Solberg moved that the name of Kinkel be stricken and the name of Kalis be added as an author on H. F. No. 361. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

For the remainder of the 1997 Regular Session of the Legislature, conference committees shall not meet between the hours of 12:00 midnight and 7:00 a.m.

.

ADJOURNMENT

Winter moved that when the House adjourns today it adjourn until 10:00 a.m., Friday, May 2, 1997. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Friday, May 2, 1997.

Edward A. Burdick, Chief Clerk, House of Representatives