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

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 1951, A bill for an act relating to capital improvements; authorizing the issuance of bonds to refurbish the Le Duc mansion in Hastings.

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

The report was adopted.

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

H. F. No. 1964, A bill for an act relating to game and fish; requiring a turkey stamp, setting the fee, and directing use of proceeds; amending Minnesota Statutes 1994, sections 97A.075, subdivision 4; 97A.475, subdivision 5; and 97B.721.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 97A.075, is amended by adding a subdivision to read:

Subd. 5. [TURKEY STAMPS.] (a) Ninety percent of the revenue from turkey stamps must be credited to the wild turkey management account. Money in the account may be used only for:

(1) the development, restoration, and maintenance of suitable habitat for wild turkeys on public and private land including, but not limited to, forest stand improvement, nesting cover, winter roost area, and reliable food sources;

(2) acquisitions or easements on critical wild turkey habitat;

(3) reimbursement of expenditures to provide wild turkey habitat on public and private land;

(4) trap and transplant of wild turkeys; and

(5) the promotion of turkey habitat development and maintenance, population surveys and monitoring, and research.

(b) Money in the account may not be used for:

(1) costs unless they are directly related to a specific parcel of land, a specific trap and transplant project, or to specific promotional or evaluative activities under paragraph (a), clause (5); or

(2) any permanent personnel costs.

Sec. 2. Minnesota Statutes 1994, section 97A.475, subdivision 5, is amended to read:

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

(1) migratory waterfowl stamp, $5; and

(2) pheasant stamp, $5; and

(3) turkey stamp, $5.

Sec. 3. Minnesota Statutes 1994, section 97B.721, is amended to read:

97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.]

(a) A person may not take a turkey without a turkey license and a turkey stamp in possession.

(b) The commissioner may by rule prescribe requirements for the tagging and registration of turkeys."

Delete the title and insert:

"A bill for an act relating to game and fish; requiring a turkey stamp; setting a fee; directing use of proceeds; amending Minnesota Statutes 1994, sections 97A.075, by adding a subdivision; 97A.475, subdivision 5; and 97B.721."

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

The report was adopted.

Clark from the Committee on Housing to which was referred:

H. F. No. 2040, A bill for an act relating to housing; providing for waiver of fees and surcharges imposed on motor vehicle registration data requests under certain circumstances; authorizing eviction of tenants who unlawfully purchase controlled substances on leased premises; clarifying the standard of proof in eviction proceedings relating to illegal drug activity; specifying the types of evidence that are admissible in these proceedings; amending Minnesota Statutes 1994, sections 168.345, subdivision 3, and by adding a subdivision; and 504.181, subdivisions 1, 2, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 168.345, subdivision 3, is amended to read:

Subd. 3. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] Except as otherwise provided in subdivision 4, the commissioner shall impose a surcharge of 50 cents on each fee charged by the commissioner under section 13.03, subdivision 3, for copies or electronic transmittal of public information concerning motor vehicle registrations. This surcharge only applies to a fee imposed in responding to a request made in person or by mail, or to a request for transmittal through a computer modem. The surcharge does not apply to the request of an individual for information concerning vehicles registered in that individual's name. The commissioner shall forward the surcharges collected under this subdivision to the commissioner of finance on a monthly basis. Upon receipt, the commissioner of finance shall credit the surcharges to the general fund.

Sec. 2. Minnesota Statutes 1994, section 168.345, is amended by adding a subdivision to read:

Subd. 4. [EXCEPTION TO FEE AND SURCHARGE.] Notwithstanding section 13.03 or subdivision 3, no fee or surcharge shall be imposed in responding to a request for public information concerning motor vehicle registrations if the requester gives the commissioner a signed statement that:

(1) the requester seeks the information on behalf of a community-based, nonprofit organization which has been designated by the local law enforcement agency to be a requester; and

(2) the information is needed in order to identify suspected prostitution law violators, controlled substance law violators, or health code violators.

The commissioner may not require a requester to make a certain minimum number of data requests nor limit a requester to a certain maximum number of data requests.

Sec. 3. Minnesota Statutes 1994, section 504.012, is amended to read:

504.012 [WRITTEN LEASE REQUIRED; PENALTY.]

An owner of a multiunit building, with 12 or more residential units, shall have a written lease for each unit rented to a residential tenant. A written lease must state the tenant's full name and date of birth. An owner who fails to provide a lease, as required under this section, is guilty of a petty misdemeanor. The definitions of "owner," "tenant," and "building" in section 566.18 apply to this section.

Sec. 4. Minnesota Statutes 1994, section 504.015, subdivision 3, is amended to read:

Subd. 3. [LEGAL ACTION TO ENFORCE LEASE.] In any legal action to enforce a written lease, except for nonpayment of rent, disturbing the peace, malicious destruction of property, or a violation of section 504.181, it is a defense for the tenant to establish that the owner failed to comply with subdivision 2. This defense may be overcome if the owner establishes that the tenant had actual knowledge of the term or terms of the lease upon which any legal action is based. In any legal action to enforce a written lease, the owner shall be liable to the tenant for up to $200 for failure to comply with subdivision 2.

Sec. 5. Minnesota Statutes 1994, section 504.05, is amended to read:

504.05 [RENT LIABILITY; DESTROYED UNTENANTABLE TENEMENTS.]

The lessee or occupant of any building which, without the fault or neglect of that lessee or occupant, is destroyed or is so injured by the elements, a violation of section 504.181, or any other cause as to be untenantable or unfit for occupancy, is not liable thereafter to pay rent to the lessor or owner thereof, unless otherwise expressly provided by written agreement; and the lessee or occupant may thereupon quit and surrender possession of such premises.

Sec. 6. Minnesota Statutes 1994, section 504.181, is amended to read:

504.181 [COVENANT OF LESSEE NOT TO ALLOW DRUGS OR NUISANCE BEHAVIOR.]

Subdivision 1. [COVENANT NOT TO ALLOW DRUGS.] In every lease or license of residential premises, whether in writing or parol, the lessor or licensor, and the lessee or licensee covenants covenant that:

(1) neither the lessor or licensor, nor the lessee or licensee will not unlawfully allow controlled substances in those premises; and

(2) the common area and curtilage will not be used by the lessor or licensor, or the lessee or licensee or others acting under the lessor's, licensor's, lessee's or licensee's control to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of chapter 152.

The covenant is not violated by the lessee or licensee when a person other than the lessee or licensee possesses or allows controlled substances in the premises, common area, or curtilage, unless the lessee or licensee knew or had reason to know of that activity.

The covenant is not violated by the lessor or licensor when a person other than the lessor or licensor, or an employee of the lessor or licensor, sells, purchases, possesses, or otherwise allows controlled substances in the premises, common area, or curtilage, unless the lessor or licensor knew or had reason to know of the activity.

Subd. 1a. [COVENANT NOT TO ENGAGE IN OR PERMIT NUISANCE BEHAVIOR.] In every lease or license of residential premises, whether in writing or oral, the lessor or licensor, and the lessee or licensee covenant that the lessor or licensor and the lessee or licensee will not engage in or permit any of the following types of activity in the leased premises or in the common areas or curtilage of the premises:

(1) acts demonstrating a pattern of prostitution or prostitution-related activity, as described in sections 609.321 to 609.324;

(2) keeping or permitting a disorderly house as described in section 609.33;

(3) unlawful use or possession of a firearm as described in section 609.66, subdivision 1a, or 624.713; or

(4) use or possession of an explosive or incendiary device, as described in section 609.668.

The covenant is not violated by the lessee or licensee when a person other than the lessee or licensee engages in the activity described in this subdivision in the premises, common area, or curtilage, unless the lessee or licensee knew or had reason to know of the activity.

The covenant is not violated by the lessor or licensor when a person other than the lessor or licensor, or an employee of the lessor or licensor, engages in the activity described in this subdivision in the premises, common area, or curtilage, unless the lessor or licensor knew or had reason to know of the activity.

Subd. 2. [BREACH VOIDS RIGHT TO POSSESSION OF COVENANTS BY LESSEE OR LICENSEE.] A breach of the covenant created by subdivision 1 or 1a by the lessee or licensee voids the lessee's or licensee's right to possession of the residential premises. All other provisions of the lease or license, including but not limited to the obligation to pay rent, remain in effect until the lease is terminated by the terms of the lease or operation of law.

If the lessor lessee or licensee breaches the covenant created by subdivision 1 or 1a, the landlord may bring, or assign to the county attorney of the county in which the residential premises are located, the right to bring an

unlawful detainer action against the lessee or licensee. The assignment must be in writing on a form provided by the county attorney, and the county attorney may determine whether to accept the assignment, except that the county attorney may not refuse to accept the assignment in any case in which:

(1) a law enforcement officer has seized a controlled substance in the premises, common area, or curtilage; or

(2) a purchase of a controlled substance has been made in the premises, common area, or curtilage by any person under the supervision of a law enforcement officer.

If the county attorney accepts the assignment of the landlord's right to bring an unlawful detainer action:

(1) any court filing fee that would otherwise be required in an unlawful detainer action is waived; and

(2) the landlord retains all the rights and duties, including removal of the lessee's or licensee's personal property, following issuance of the writ of restitution and delivery of the writ to the sheriff for execution.

The county attorney may enter into an agreement with the city attorney of the city in which the residential premises are located, assigning to the city attorney the powers and duties given to the county attorney under this section.

Subd. 2a. [BREACH OF COVENANTS BY LESSOR OR LICENSOR.] A breach of the covenant created by subdivision 1 or 1a by the lessor or licensor may entitle the lessee or licensee to rent abatement or relief under section 504.05.

Subd. 3. [WAIVER NOT ALLOWED.] The parties to a lease or license of residential premises may not waive or modify the covenant covenants imposed by this section.

Subd. 4. [APPLICATION TO MANUFACTURED HOME PARKS.] This section applies to owners and residents of manufactured home parks.

Sec. 7. Minnesota Statutes 1994, section 504.30, subdivision 4, is amended to read:

Subd. 4. [COURT FILE INFORMATION.] (a) If a tenant screening service includes information from a court file on an individual in a tenant report, the report must provide the full name and date of birth of the individual, if that is indicated on the court file or summary, in any case commenced after the effective date of this section, and the outcome of the court proceeding must be accurately recorded in the tenant report. Whenever the court supplies information from a court file on an individual, in whatever form, the court shall include the full name and date of birth of the individual, if that is indicated on the court file or summary, coding as provided in subdivision 4a for the type of action, and information on the outcome of the court proceeding when it becomes available. The tenant screening service is not liable under section 504.31 if the tenant screening service reports complete and accurate information as provided by the court.

(b) A tenant screening service shall not provide tenant reports containing information on unlawful detainer actions in the second and fourth judicial districts, unless the tenant report accurately records the outcome of the proceeding or other disposition of the unlawful detainer action such as settlement, entry of a judgment, default, or dismissal of the action.

Sec. 8. Minnesota Statutes 1994, section 504.30, is amended by adding a subdivision to read:

Subd. 4a. [UNLAWFUL DETAINER ACTION CODING.] The court shall indicate on the court file or any summary of a court file the specific basis of the court's decision in an unlawful detainer action according to codes developed by the court that, at a minimum, indicates if the basis of the court's decision is nonpayment of rent, a violation of the covenants under section 504.18 or 504.181, other breach of a lease agreement, or a counterclaim for possession of the premises under section 566.34.

Sec. 9. Minnesota Statutes 1994, section 566.05, is amended to read:

566.05 [COMPLAINT AND SUMMONS.]

The person complaining shall file a complaint with the court, stating the full name and date of birth of the person against whom the complaint is made, unless for good cause shown, such identifying information is not known, describing the premises of which possession is claimed, stating the facts which authorize the recovery, and praying

for restitution thereof. If the complaint does not state the full name or date of birth of the person against whom the complaint is made, the person complaining may file the complaint, but, at the initial court appearance, shall show good cause for not including the information upon filing. The court shall issue a summons, commanding the person against whom the complaint is made to appear before the court on a day and at a place stated in the summons. The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons. In scheduling appearances under this section, the court shall give priority to any unlawful detainer brought under section 504.181, or on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property. A copy of the complaint shall be attached to the summons, which shall state that the copy is attached and that the original has been filed.

Sec. 10. Minnesota Statutes 1994, section 566.18, subdivision 6, is amended to read:

Subd. 6. [VIOLATION.] "Violation" means:

(a) a violation of any state, county or city health, safety, housing, building, fire prevention, or housing maintenance code applicable to the building;

(b) a violation of any of the covenants set forth in section 504.18, subdivision 1, clauses (a) or (b);

(c) a violation of an oral or written agreement, lease or contract for the rental of a dwelling in a building;

(d) a violation of section 504.181, where the tenant or neighborhood organization bringing the action demonstrates that (1) the owner failed to take reasonable action to cure the violation by terminating the tenancy, commencing an unlawful detainer action, assigning the unlawful detainer action to the county attorney under section 504.181, subdivision 2, initiating and cooperating with a police investigation, or other reasonable efforts, and (2) the tenant or neighborhood organization reasonably cooperated with the owner to cure the violation.

Sec. 11. Minnesota Statutes 1994, section 566.19, subdivision 4, is amended to read:

Subd. 4. No action may be commenced pursuant to sections 566.18 to 566.33 by a tenant of a building in which a violation as defined in section 566.18, subdivision 6, clause (b) or, (c), or (d), is alleged to exist or by a neighborhood organization with the written permission of a tenant of a building in which a violation as defined in section 566.18, subdivision 6, clause (b), (c), or (d), is alleged to exist unless the owner is informed in writing of the alleged violation at least 14 days prior to the commencement of the action. The notice requirement may be waived upon a finding by the court that the owner cannot be located despite diligent efforts.

Sec. 12. Minnesota Statutes 1994, section 566.20, subdivision 1, is amended to read:

Subdivision 1. An action may be brought in district court by any tenant of a building in which a violation, as defined in section 566.18, subdivision 6, is alleged to exist, or by any neighborhood organization with the written permission of a tenant of a building in which a violation, as defined in section 566.18, subdivision 6, clause (a) or, (b), or (d), is alleged to exist, or by a neighborhood organization that has within its geographical area an unoccupied building in which a violation, as defined in section 566.18, subdivision 6, clause (a) or, (b), or (d), is alleged to exist, or state, county or local department, or authority, charged with the enforcement of codes relating to health, housing, or building maintenance.

Sec. 13. Minnesota Statutes 1994, section 566.205, subdivision 1, is amended to read:

Subdivision 1. [PETITION.] A person authorized to bring an action under section 566.20 may petition the court for relief in cases of emergency, involving the loss of running water, hot water, heat, electricity, sanitary facilities, or other essential services or facilities that the owner is responsible for providing, or other emergency.

Sec. 14. Minnesota Statutes 1994, section 566.34, subdivision 2, is amended to read:

Subd. 2. [ESCROW OF RENT.] If a violation exists in a building, a tenant may deposit the amount of rent due to the owner with the court administrator using the following procedure:

(a) For a violation of section 566.18, subdivision 6, clause (a), the tenant may deposit with the court administrator the rent due the owner along with a copy of the written notice of the code violation as provided in section 566.19, subdivision 2. The tenant may not deposit the rent or file the written notice of the code violation until the time granted to make repairs has expired without satisfactory repairs being made, unless the tenant alleges that the time granted is excessive.

(b) For a violation of section 566.18, subdivision 6, clause (b) or, (c), or (d), the tenant must give written notice to the owner specifying the violation. The notice must be delivered personally or sent to the person or place where rent is normally paid. If the violation is not corrected within 14 days, the tenant may deposit the amount of rent due to the owner with the court administrator along with an affidavit specifying the violation. The court must provide a simplified form affidavit for use under this clause.

(c) The tenant need not deposit rent if none is due to the owner at the time the tenant otherwise files the notice required by this subdivision. All rent which thereafter becomes due to the owner prior to the hearing under this section must be deposited with the court administrator. As long as proceedings are pending under this section, the tenant must pay rent to the owner or as directed by the court and may not withhold rent to remedy a violation.

Sec. 15. [STUDY REQUESTED.]

The Hennepin county attorney is requested to study and report on options for preventing or deterring tenants from providing to landlords when applying for a tenancy, fraudulent work, residential, or criminal histories. The Hennepin county attorney is also requested to study and report on options for preventing or deterring landlords from providing to other landlords or tenant screening services fraudulent residential histories. The Hennepin county attorney is requested to consult with a representative of the Hennepin county housing court, a representative of landlords, a representative of legal aid, a representative of community crime prevention programs, and anyone else the Hennepin county attorney determines would be helpful, and report to the legislature the results of the study and any recommendations by December 15, 1996.

Sec. 16. [EFFECTIVE DATE.]

Sections 3 and 6 are effective August 1, 1996, and apply to leases entered into, renewed, or modified on or after that date. Section 9 is effective August 1, 1996, and applies to any unlawful detainer action brought against a tenant whose tenancy begins on or after that date or for a tenant whose lease is renewed or modified on or after that date. Section 15 is effective the day after final enactment."

Delete the title and insert:

"A bill for an act relating to housing; providing for waiver of fees and surcharges imposed on motor vehicle registration data requests under certain circumstances; requiring the tenant's full name and date of birth in a written lease; providing for landlord liability to a tenant for failure to provide a written lease; establishing a statutory covenant that tenants and landlords will not engage in or allow nuisance behavior on the premises; requiring county attorneys to accept eviction assignments in certain situations; requiring tenant screening reports and unlawful detainer case files to include certain information; expanding tenant remedies; requesting a study; amending Minnesota Statutes 1994, sections 168.345, subdivision 3, and by adding a subdivision; 504.012; 504.015, subdivision 3; 504.05; 504.181; 504.30, subdivision 4, and by adding a subdivision; 566.05; 566.18, subdivision 6; 566.19, subdivision 4; 566.20, subdivision 1; 566.205, subdivision 1; and 566.34, subdivision 2."

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

The report was adopted.

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

H. F. No. 2055, A bill for an act relating to telecommunications; requiring notice to customers of the right to require written authorization before changing intrastate telecommunications carrier or local telephone company; amending Minnesota Statutes 1994, section 237.66, subdivision 3, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 237.16, subdivision 8, is amended to read:

Subd. 8. [RULES.] (a) Before August 1, 1997, the commission shall adopt rules applicable to all telephone companies and telecommunications carriers required to obtain or having obtained a certificate for provision of

telephone service using any existing federal standards as minimum standards and incorporating any additional standards or requirements necessary to ensure the provision of high quality telephone services throughout the state. The rules must, at a minimum:

(1) define procedures for competitive entry and exit;

(2) require the provisions of equal access and interconnection with the company's network and other features, functions, and services which the commission considers necessary to promote fair and reasonable competition;

(3) require unbundling of network services and functions to at least the level required by existing federal standards;

(4) prescribe, if necessary, methods of reciprocal compensation between telephone companies;

(5) provide for local telephone number portability;

(6) prescribe appropriate regulatory standards for new local telephone service providers, that facilitate and support the development of competitive services;

(7) protect against cross-subsidization, unfair competition, and other practices harmful to promoting fair and reasonable competition;

(8) prescribe methods for the preservation of universal and affordable local telephone services;

(9) prescribe standards for quality of service; and

(10) provide for the continued provision of local emergency telephone services under chapter 403; and

(11) protect residential and commercial customers from unauthorized changes in service providers.

(b) Before January 1, 1998, in a separate rulemaking, the commission shall adopt separate rules regarding the issues described in paragraph (a), clauses (1) to (10) (11), as may be appropriate to provision of competitive local telephone service in areas served by telephone companies with less than 50,000 subscribers originally certified to provide local telephone services before January 1, 1988.

Sec. 2. Minnesota Statutes 1994, section 237.66, is amended by adding a subdivision to read:

Subd. 1a. [NOTICE TO CUSTOMERS.] (a) Each residential and commercial intrastate telecommunications carrier customer may elect to require that the telephone company serving the customer receive authorization from the customer before a request to serve that customer from a different intrastate telecommunication carrier than the carrier currently serving the customer is processed.

(b) For new installations, a telephone company shall notify a residential or commercial customer of the right described in paragraph (a) when the customer initially requests intraexchange service.

(c) Within one year of the date of enactment of this subdivision, a carrier shall notify each of its existing residential and commercial customers of the right described in paragraph (a). The notice may be made as a billing insert.

(d) A customer may change this election at any time by notifying the telephone company of that decision. No separate charge may be imposed on the customer for electing to exercise the right described in paragraph (a) or to change that election, but a telephone company may recover in rates the reasonable costs of administering the election.

(e) If a customer has elected to exercise the right described in paragraph (a), the telephone company shall not process a request to serve the customer by another intrastate telecommunications carrier without prior authorization from the customer. If a customer has not elected to exercise the right described in paragraph (a), the company may process a request to serve the customer by another intrastate telecommunications carrier.

(f) A carrier may request such a change if the customer has authorized the change either orally or in writing signed by the customer. If the carrier requests a change in a customer's intrastate service provider, the carrier must:

(1) notify the customer in writing that the request has been processed; and

(2) be able to present, upon complaint by the customer, written authorization for the change by the customer.

If the initial authorization was made orally, the carrier must be able to present written authorization received from the customer within 14 business days of the date the oral authorization was made.

(g) In the case of an oral authorization, if an intrastate telecommunications carrier does not receive the written authorization within 14 business days of the date of the oral authorization, the carrier must either bear the risk that the charge to the service of the carrier will be deemed unauthorized under paragraph (h) or:

(1) immediately return the customer to the service of the customer's original service provider;

(2) bear all costs associated with returning the customer; and

(3) bill the customer for services rendered at the rate the customer would have paid for such services if the request to serve the customer had not been made.

(h) If the carrier is not able to present, upon complaint by the customer, written authorization received from the customer as required under paragraph (f) and the carrier did not return the customer to the service of the customer's original service provider as required under paragraph (g), the change to the service of the carrier shall be deemed to be unauthorized from the date the carrier requested the change. In that event, the carrier shall:

(1) bear all costs of immediately returning the customer to the service of the customer's original service provider; and

(2) bear all costs of serving that customer during the period of unauthorized service.

Sec. 3. Minnesota Statutes 1994, section 237.66, subdivision 3, is amended to read:

Subd. 3. [ENFORCEMENT.] If, after an expedited procedure conducted under section 237.61, the commission finds that a telephone company is failing to provide disclosure as required under subdivision 1, or the notification required under subdivision 1a, paragraph (b), it shall order the company to take corrective action as necessary.

Sec. 4. [EFFECTIVE DATE.]

Section 1 is effective on the date after enactment. Sections 2 and 3 are effective January 1, 1997."

Amend the title as follows:

Page 1, line 7, before the period, insert "; Minnesota Statutes 1995 Supplement, section 237.16, subdivision 8"

With the recommendation that when so amended the bill pass.

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 2059, A bill for an act relating to veterinarians; changing the veterinary practice act; amending Minnesota Statutes 1994, sections 156.001, subdivisions 3 and 6; 156.01, subdivisions 1, 2, 5, and by adding a subdivision; 156.02; 156.04; 156.05; 156.06; 156.07; 156.071; 156.072; 156.081; 156.10; 156.12, subdivisions 2, 3, and 4; 156.16, subdivisions 3 and 14; 156.17; and 156.18, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 156; repealing Minnesota Statutes 1994, section 156.12, subdivision 5.

Reported the same back with the following amendments:

Page 11, line 34, after "client" insert "or"

Page 15, delete line 6, and insert "board has"

Page 16, line 5, delete everything before "board" and delete "members"

Page 17, line 26, delete "a civil" and insert "an administrative"

Page 17, line 27, delete "civil"

Page 18, after line 4, insert:

"Subd. 1a. (a) The board must consider the following factors in determining the amount of a penalty under subdivision 1, clause (7):

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans and animals;

(3) the history of past violations;

(4) the number of violations;

(5) the economic benefit gained by the person by allowing or committing the violation; and

(6) other factors that justice may require.

(b) For a violation after an initial violation, the following factors must be considered in addition to the factors in paragraph (a):

(1) similarity of previous violations to the current violation;

(2) time elapsed since the last violation;

(3) number of previous violations; and

(4) response of the person to the most recent previous violation identified."

Page 18, line 27, after "all" insert "public"

Page 18, line 29, delete "the license number" and insert "business address"

Page 21, after line 2, insert:

"(g) This section does not limit the authority of the Minnesota racing commission to regulate veterinarians providing services at a licensed racetrack."

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2078, A bill for an act relating to health; modifying the requirements for health care provider identification numbers; establishing procedures for disclosing certain nonpublic data related to group purchasers; requiring the office of mental health practice to establish procedures for the exchange of information; permitting the commissioner of health to obtain certain arrest and investigative information; providing penalties; amending Minnesota Statutes 1994, sections 144.225, by adding a subdivision; 148B.66, by adding a subdivision; 148B.69, subdivision 2; and 148B.70, subdivision 3; Minnesota Statutes 1995 Supplement, sections 62J.54, subdivisions 1 and 2; and 144.225, subdivision 2a.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 13.46, subdivision 2, is amended to read:

Subd. 2. [GENERAL.] (a) Unless the data is summary data or a statute specifically provides a different classification, data on individuals collected, maintained, used, or disseminated by the welfare system is private data on individuals, and shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to court order;

(3) pursuant to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system, including a law enforcement person, attorney, or investigator acting for it in the investigation or prosecution of a criminal or civil proceeding relating to the administration of a program;

(5) to personnel of the welfare system who require the data to determine eligibility, amount of assistance, and the need to provide services of additional programs to the individual;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) the amounts of cash public assistance and relief paid to welfare recipients in this state, including their names, social security numbers, income, addresses, and other data as required, upon request by the department of revenue to administer the property tax refund law, supplemental housing allowance, early refund of refundable tax credits, and the income tax. "Refundable tax credits" means the dependent care credit under section 290.067, the Minnesota working family credit under section 290.0671, the property tax refund under section 290A.04, and, if the required federal waiver or waivers are granted, the federal earned income tax credit under section 32 of the Internal Revenue Code;

(9) to the Minnesota department of economic security for the purpose of monitoring the eligibility of the data subject for reemployment insurance, for any employment or training program administered, supervised, or certified by that agency, or for the purpose of administering any rehabilitation program, whether alone or in conjunction with the welfare system, and to verify receipt of energy assistance for the telephone assistance plan;

(10) to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the individual or other individuals or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be disclosed to the protection and advocacy system established in this state pursuant to Part C of Public Law Number 98-527 to protect the legal and human rights of persons with mental retardation or other related conditions who live in residential facilities for these persons if the protection and advocacy system receives a complaint by or on behalf of that person and the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be disclosed to the higher education services office to the extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant social security numbers and names collected by the telephone assistance program may be disclosed to the department of revenue to conduct an electronic data match with the property tax refund database to determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a recipient of aid to families with dependent children may be disclosed to law enforcement officers who provide the name and social security number of the recipient and satisfactorily demonstrate that: (i) the recipient is a fugitive felon, including the grounds for this determination; (ii) the location or apprehension of the felon is within the law enforcement officer's official duties; and (iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance, work readiness, or general assistance medical care may be disclosed to probation officers and corrections agents who are supervising the recipient, and to law enforcement officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from food stamp applicant or recipient households may be disclosed to local, state, or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the food stamp act, in accordance with Code of Federal Regulations, title 7, section 272.1(c);

(18) data on a child support obligor who is in arrears may be disclosed for purposes of publishing the data pursuant to section 518.575;

(19) data on child support payments made by a child support obligor may be disclosed to the obligee; or

(20) data in the work reporting system may be disclosed under section 256.998, subdivision 7; or

(21) the current address and phone number of program recipients and emergency contacts may be released to the commissioner of health or a local board of health as defined in section 145A.02, subdivision 2, to locate a disease case, carrier, or suspect case, to locate persons at risk of illness, to conduct an epidemiologic investigation, or to conduct an investigation pursuant to sections 144.4172 to 144.4186.

(b) Information on persons who have been treated for drug or alcohol abuse may only be disclosed in accordance with the requirements of Code of Federal Regulations, title 42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), or (17), or paragraph (b), are investigative data and are confidential or protected nonpublic while the investigation is active. The data are private after the investigation becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is not subject to the access provisions of subdivision 10, paragraph (b).

Sec. 2. Minnesota Statutes 1995 Supplement, section 62J.451, subdivision 7, is amended to read:

Subd. 7. [DISSEMINATION OF REPORTS; OTHER INFORMATION.] (a) The health data institute shall establish a mechanism for the dissemination of reports and other information to consumers, group purchasers, health plan companies, providers, and the state. When applicable, the health data institute shall coordinate its dissemination of information responsibilities with those of the commissioner, to the extent administratively efficient and effective.

(b) The health data institute may require those requesting data from its databases to contribute toward the cost of data collection through the payments of fees.

(c) The health data institute shall not allow a group purchaser or health care provider to use or have access to the electronic data interchange system or to access data under section 62J.452, subdivision 6 or 7, unless the group purchaser or health care provider cooperates with the data collection efforts of the health data institute by submitting or making available through the EDI system or other means all data requested by the health data institute. The health data institute shall prohibit group purchasers and health care providers from transferring, providing, or sharing data obtained from the health data institute under section 62J.452, subdivision 6 or 7, with a group purchaser or health care provider that does not cooperate with the data collection efforts of the health data institute.

Sec. 3. Minnesota Statutes 1995 Supplement, section 62J.451, subdivision 9, is amended to read:

Subd. 9. [BOARD OF DIRECTORS.] The health data institute is governed by a 20-member board of directors consisting of the following members:

(1) two representatives of hospitals, one appointed by the Minnesota Hospital Association and one appointed by the Metropolitan HealthCare Council and Health Care Partnership, to reflect a mix of urban and rural institutions;

(2) four representatives of health carriers, two appointed by the Minnesota council of health maintenance organizations, one appointed by Blue Cross and Blue Shield of Minnesota, and one appointed by the Insurance Federation of Minnesota;

(3) two consumer members, one appointed by the commissioner, and one appointed by the AFL-CIO as a labor union representative;

(4) five group purchaser representatives appointed by the Minnesota consortium of health care purchasers to reflect a mix of urban and rural, large and small, and self-insured purchasers;

(5) two physicians appointed by the Minnesota Medical Association, to reflect a mix of urban and rural practitioners;

(6) one representative of teaching and research institutions, appointed jointly by the Mayo Foundation and the Minnesota Association of Public Teaching Hospitals;

(7) one nursing representative appointed by the Minnesota Nurses Association; and

(8) three representatives of state agencies, one member representing the department of employee relations, one member representing the department of human services, and one member representing the department of health.

Sec. 4. Minnesota Statutes 1995 Supplement, section 62J.451, subdivision 12, is amended to read:

Subd. 12. [STAFF.] The board may hire an executive director. The executive director and other health data institute staff are not state employees but are covered by section 3.736. The executive director and other health data institute staff may participate in the following plans for employees in the unclassified service until January 1, 1996: the state retirement plan, the state deferred compensation plan, and the health, dental, and life insurance plans. The attorney general shall provide legal services to the board.

Sec. 5. Minnesota Statutes 1994, section 62J.51, is amended by adding a subdivision to read:

Subd. 3a. [CARD ISSUER.] "Card issuer" means the group purchaser who is responsible for printing and distributing identification cards to members or insureds.

Sec. 6. Minnesota Statutes 1994, section 62J.51, is amended by adding a subdivision to read:

Subd. 6a. [CLAIM STATUS TRANSACTION SET (ANSI ASC X12 276/277).] "Claim status transaction set (ANSI ASC X12 276/277)" means the transaction format developed and approved for implementation in December 1993 and used by providers to request and receive information on the status of a health care claim or encounter that has been submitted to a group purchaser.

Sec. 7. Minnesota Statutes 1994, section 62J.51, is amended by adding a subdivision to read:

Subd. 6b. [CLAIM SUBMISSION ADDRESS.] "Claim submission address" means the address to which the group purchaser requires health care providers, members, or insureds to send health care claims for processing.

Sec. 8. Minnesota Statutes 1994, section 62J.51, is amended by adding a subdivision to read:

Subd. 6c. [CLAIM SUBMISSION NUMBER.] "Claim submission number" means the unique identification number to identify group purchasers as described in section 62J.54, with its suffix identifying the claim submission address.

Sec. 9. Minnesota Statutes 1995 Supplement, section 62J.54, subdivision 1, is amended to read:

Subdivision 1. [UNIQUE IDENTIFICATION NUMBER FOR HEALTH CARE PROVIDER ORGANIZATIONS.] (a) On and after January 1, 1998, all group purchasers and health care providers in Minnesota shall use a unique identification number to identify health care provider organizations, except as provided in paragraph (d) (e).

(b) Following the recommendation of the workgroup for electronic data interchange, the federal tax identification number assigned to each health care provider organization by the Internal Revenue Service of the Department of the Treasury The first eight digits of the national provider identifier maintained by the federal Health Care Financing Administration shall be used as the unique identification number for health care provider organizations.

(c) Provider organizations required to have a national provider identifier are:

(1) hospitals licensed under chapter 144;

(2) nursing homes and hospices licensed under chapter 144A;

(3) subacute care facilities;

(4) individual providers organized as a clinic or group practice;

(5) independent laboratory, pharmacy, surgery, radiology, or outpatient facilities;

(6) ambulance services licensed under chapter 144; and

(7) special transportation services certified under chapter 174.

Provider organizations shall obtain a national provider identifier from the federal Health Care Financing Administration using the federal Health Care Financing Administration's prescribed process.

(d) The unique health care provider organization identifier shall be used for purposes of submitting and receiving claims, and in conjunction with other data collection and reporting functions.

(d) (e) The state and federal health care programs administered by the department of human services shall use the unique identification number assigned to health care providers for implementation of the Medicaid Management Information System or the uniform provider identification number (UPIN) assigned by the Health Care Financing Administration the national provider identifier maintained by the federal Health Care Financing Administration.

(f) The commissioner of health may become a subscriber to the federal Health Care Financing Administration's national provider system to implement this subdivision.

Sec. 10. Minnesota Statutes 1995 Supplement, section 62J.54, subdivision 2, is amended to read:

Subd. 2. [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL HEALTH CARE PROVIDERS.] (a) On and after January 1, 1998, all group purchasers and health care providers in Minnesota shall use a unique identification number to identify an individual health care provider, except as provided in paragraph (d) (e).

(b) The uniform provider identification number (UPIN) assigned by the Health Care Financing Administration The first eight digits of the national provider identifier maintained by the federal Health Care Financing Administration's national provider system shall be used as the unique identification number for individual health care providers. Providers who do not currently have a UPIN number shall request one from the health care financing administration.

(c) Individual providers required to have a national provider identifier are:

(1) physicians licensed under chapter 147;

(2) dentists licensed under chapter 150;

(3) chiropractors licensed under chapter 148;

(4) podiatrists licensed under chapter 153;

(5) physician assistants as defined under section 147.34;

(6) advanced practice nurses as defined under section 62A.15;

(7) doctors of optometry licensed under section 148.57;

(8) individual providers who bill for medical and other health-related services, as defined in United States Code, title 42, section 1395x, paragraph (s); and

(9) individual providers who are providers for the medical assistance program. Providers shall obtain a national provider identifier from the federal Health Care Financing Administration using the Health Care Financing Administration's prescribed process.

(d) The unique individual health care provider identifier shall be used for purposes of submitting and receiving claims, and in conjunction with other data collection and reporting functions.

(d) (e) The state and federal health care programs administered by the department of human services shall use the unique identification number assigned to health care providers for implementation of the Medicaid Management Information System or the uniform provider identification number (UPIN) assigned by the health care financing administration national provider identifier maintained by the federal Health Care Financing Administration.

(f) The commissioner of health may become a subscriber to the federal Health Care Financing Administration's national provider system to implement this subdivision.

Sec. 11. Minnesota Statutes 1995 Supplement, section 62J.54, subdivision 3, is amended to read:

Subd. 3. [UNIQUE IDENTIFICATION NUMBER FOR GROUP PURCHASERS.] (a) On and after January 1, 1998, all group purchasers and health care providers in Minnesota shall use a unique identification number to identify group purchasers.

(b) The federal tax identification number assigned to each group purchaser by the Internal Revenue Service of the Department of the Treasury payer identification number assigned for the federal Health Care Financing Administration's PAYERID system shall be used as the unique identification number for group purchasers. This paragraph applies until the codes described in paragraph (c) are available and feasible to use, as determined by the commissioner.

(c) A two-part code, consisting of 11 characters and modeled after the National Association of Insurance Commissioners company code shall be assigned to each group purchaser and used as the unique identification number for group purchasers. The first six characters, or prefix, shall contain the numeric code, or company code, assigned by the National Association of Insurance Commissioners. The last five characters, or suffix, which is optional, shall contain further codes that will enable group purchasers to further route electronic transaction in their internal systems. Group purchasers shall obtain a payer identifier number from the federal Health Care Financing Administration using the Health Care Financing Administration's prescribed process.

(d) The unique group purchaser identifier, as described in this section, shall be used for purposes of submitting and receiving claims, and in conjunction with other data collection and reporting functions.

(e) The commissioner of health may become a registry user to the federal Health Care Financing Administration's PAYERID system to implement this section.

Sec. 12. Minnesota Statutes 1994, section 62J.56, subdivision 2, is amended to read:

Subd. 2. [IDENTIFICATION OF CORE TRANSACTION SETS.] (a) All category I and II industry participants in Minnesota shall comply with the standards developed by the ANSI ASC X12 for the following core transaction sets, according to the implementation plan outlined for each transaction set.

(1) ANSI ASC X12 835 health care claim payment/advice transaction set.

(2) ANSI ASC X12 837 health care claim transaction set.

(3) ANSI ASC X12 834 health care enrollment transaction set.

(4) ANSI ASC X12 270/271 health care eligibility transaction set.

(5) ANSI ASC X12 276/277 health care claims status request/notification transaction set.

(b) The commissioner, with the advice of the Minnesota health data institute and the Minnesota administrative uniformity committee, and in coordination with federal efforts, may approve the use of new ASC X12 standards, or new versions of existing standards, as they become available, or other nationally recognized standards, where appropriate ASC X12 standards are not available for use. These alternative standards may be used during a transition period while ASC X12 standards are developed.

Sec. 13. Minnesota Statutes 1995 Supplement, section 62J.58, is amended to read:

62J.58 [IMPLEMENTATION OF STANDARD TRANSACTION SETS.]

Subdivision 1. [CLAIMS PAYMENT.] Six months from the date the commissioner formally recommends the use of guides to implement core transaction sets pursuant to section 62J.56, subdivision 3, all category I industry participants and all category II industry participants, except pharmacists, shall be able to submit or accept, as appropriate, the ANSI ASC X12 835 health care claim payment/advice transaction set (draft standard for trial use version/release 3051 3030) for electronic submission of payment information to health care providers.

Subd. 2. [CLAIMS SUBMISSION.] Six months from the date the commissioner formally recommends the use of guides to implement core transaction sets pursuant to section 62J.56, subdivision 3, all category I and category II industry participants, except pharmacists, shall be able to accept or submit, as appropriate, the ANSI ASC X12 837 health care claim transaction set (draft standard for trial use version/release 3051 3030) for the electronic transfer of health care claim information.

Subd. 2a. [CLAIM STATUS INFORMATION.] Six months from the date the commissioner formally recommends the use of guides to implement core transaction sets under section 62J.56, subdivision 3, all category I and II industry participants, excluding pharmacists, may accept or submit the ANSI ASC X12 276/277 health care claim status transaction set (draft standard for trial use version/release 3051) for the electronic transfer of health care claim status information.

Subd. 3. [ENROLLMENT INFORMATION.] Six months from the date the commissioner formally recommends the use of guides to implement core transaction sets pursuant to section 62J.56, subdivision 3, all category I and category II industry participants, excluding pharmacists, shall be able to accept or submit, as appropriate, the ANSI ASC X12 834 health care enrollment transaction set (draft standard for trial use version/release 3051 3030) for the electronic transfer of enrollment and health benefit information.

Subd. 4. [ELIGIBILITY INFORMATION.] Six months from the date the commissioner formally recommends the use of guides to implement core transaction sets pursuant to section 62J.56, subdivision 3, all category I and category II industry participants, except pharmacists, shall be able to accept or submit, as appropriate, the ANSI ASC X12 270/271 health care eligibility transaction set (draft standard for trial use version/release 3051 3030) for the electronic transfer of health benefit eligibility information.

Subd. 5. [APPLICABILITY.] This section does not require a group purchaser, health care provider, or employer to use electronic data interchange or to have the capability to do so. This section applies only to the extent that a group purchaser, health care provider, or employer chooses to use electronic data interchange.

Sec. 14. Minnesota Statutes 1994, section 62J.60, subdivision 2, is amended to read:

Subd. 2. [GENERAL CHARACTERISTICS.] (a) The Minnesota health care identification card must be a preprinted card constructed of plastic, paper, or any other medium that conforms with ANSI and ISO 7810 physical characteristics standards. The card dimensions must also conform to ANSI and ISO 7810 physical characteristics standard. The use of a signature panel is optional.

(b) The Minnesota health care identification card must have an essential information window in the front side with the following data elements left justified in the following top to bottom sequence: card issuer name, issuer claim submission number, identification number, identification name. No optional data may be interspersed between these data elements. The window must be left justified.

(c) Standardized labels are required next to human readable data elements. The card issuer may decide the location of the standardized label relative to the data element.

Sec. 15. Minnesota Statutes 1994, section 62J.60, subdivision 3, is amended to read:

Subd. 3. [HUMAN READABLE DATA ELEMENTS.] (a) The following are the minimum human readable data elements that must be present on the front side of the Minnesota health care identification card:

(1) card issuer name or logo, which is the name or logo that identifies the card issuer. The card issuer name or logo may be the card's front background. No standard label is required for this data element;

(2) issuer claim submission number, which is the unique card issuer number consisting of a base number assigned by a registry process followed by a suffix number assigned by the card issuer. The use of this element is mandatory within one year of the establishment of a process for this identifier. The standardized label for this element is "Issuer Clm Subm #";

(3) identification number, which is the unique identification number of the individual card holder established and defined under this section. The standardized label for the data element is "ID";

(4) identification name, which is the name of the individual card holder. The identification name must be formatted as follows: first name, space, optional middle initial, space, last name, optional space and name suffix. The standardized label for this data element is "Name";

(5) account number(s), which is any other number, such as a group number, if required for part of the identification or claims process. The standardized label for this data element is "Account";

(6) care type, which is the description of the group purchaser's plan product under which the beneficiary is covered. The description shall include the health plan company name and the plan or product name. The standardized label for this data element is "Care Type";

(7) service type, which is the description of coverage provided such as hospital, dental, vision, prescription, or mental health. The standard label for this data element is "Svc Type"; and

(8) provider/clinic name, which is the name of the primary care clinic the cardholder is assigned to by the health plan company. The standard label for this field is "PCP." This information is mandatory only if the health plan company assigns a specific primary care provider to the cardholder.

(b) The following human readable data elements shall be present on the back side of the Minnesota health identification card. These elements must be left justified, and no optional data elements may be interspersed between them:

(1) claims submission name(s) and address(es), which are the name(s) and address(es) of the entity or entities to which claims should be submitted. If different destinations are required for different types of claims, this must be labeled;

(2) telephone number(s) and name(s); which are the telephone number(s) and name(s) of the following contact(s) with a standardized label describing the service function as applicable:

(i) eligibility and benefit information;

(ii) utilization review;

(iii) precertification; or

(iv) customer services.

(c) The following human readable data elements are mandatory on the back side of the card for health maintenance organizations and integrated service networks:

(1) emergency care authorization telephone number or instruction on how to receive authorization for emergency care. There is no standard label required for this information; and

(2) telephone number to call to appeal to the commissioner of health. There is no standard label required for this information.

(d) All human readable data elements not required under paragraphs (a) to (c) are optional and may be used at the issuer's discretion.

Sec. 16. Minnesota Statutes 1994, section 144.225, is amended by adding a subdivision to read:

Subd. 6. [GROUP PURCHASER IDENTITY; NONPUBLIC DATA; DISCLOSURE.] (a) Except as otherwise provided in this subdivision, the named identity of a group purchaser as defined in section 62J.03, subdivision 6, collected in association with birth registration is nonpublic data as defined in section 13.02.

(b) The commissioner may publish, or by other means release to the public, the named identity of a group purchaser as part of an analysis of information collected from the birth registration process. Analysis means the identification of trends in prenatal care and birth outcomes associated with group purchasers. The commissioner shall not reveal the named identity of the group purchaser until the group purchaser has had 21 days after receipt of the analysis to review the analysis and comment on it. The commissioner shall, in releasing data under this subdivision, include comments received from the group purchaser related to the scientific soundness and statistical validity of the methods used in the analysis. This subdivision does not authorize the commissioner to make public any individual identifying data except as permitted by law.

(c) A group purchaser may contest whether an analysis made public under paragraph (b) is based on scientifically sound and statistically valid methods in a contested case proceeding under sections 14.57 to 14.62, subject to appeal under sections 14.63 to 14.68. To obtain a contested case hearing, the group purchaser must present a written request to the commissioner before the end of the time period for review and comment. Within ten days of the assignment of an administrative law judge, the group purchaser must demonstrate by clear and convincing evidence the group purchaser's likelihood of succeeding on the merits. If the judge determines that the group purchaser has made such a demonstration, the data shall remain nonpublic during the contested case proceeding and through appeal. If the judge finds that the group purchaser has not made such a demonstration, the commissioner may immediately publish, or otherwise make public, the nonpublic group purchaser data, with comments received as set forth in paragraph (b).

(d) The contested case proceeding and subsequent appeal is not an exclusive remedy and any person may seek a remedy pursuant to section 13.08, subdivisions 1 to 4, or as otherwise authorized by law. The commissioner shall be immune from any liability arising from the release of nonpublic group purchaser data in accordance with this subdivision.

Sec. 17. Minnesota Statutes 1994, section 148B.66, is amended by adding a subdivision to read:

Subd. 3. [EXCHANGING INFORMATION.] (a) The office of mental health practice shall establish internal operating procedures for:

(1) exchanging information with:

(i) state boards,

(ii) agencies, including the office of ombudsman for mental health and mental retardation,

(iii) health related and law enforcement facilities,

(iv) departments responsible for licensing health related occupations, facilities, and programs, and

(v) law enforcement personnel, in this and other states; and

(2) coordinating investigations involving matters within the jurisdiction of more than one regulatory agency.

Establishment of the operating procedures shall not be subject to rulemaking under chapter 14.

(b) The procedures for exchanging information must provide for the forwarding to:

(1) state boards;

(2) agencies, including the office of the ombudsman for mental health and mental retardation;

(3) health related and law enforcement facilities;

(4) departments responsible for licensing health related occupations, facilities, and programs; and

(5) law enforcement personnel of all information and evidence, including the results of investigations, that are relevant to matters within those organizations' regulatory jurisdiction. The data shall have the same classification under sections 13.01 to 13.88, the government data practices act, in the hands of the agency receiving the data as it had in the hands of the agency providing the data.

(c) The office of mental health practice shall establish procedures for exchanging information with other states regarding disciplinary action against licensed and unlicensed mental health practitioners.

(d) The office of mental health practice shall forward to another governmental agency any complaints received by the office which do not relate to the office's jurisdiction but which relate to matters within the jurisdiction of the other governmental agency. The agency shall advise the office of mental health practice of the disposition of the complaint. A complaint or other information received by another governmental agency relating to a statute or rule which the office of mental health practice is empowered to enforce must be forwarded to the office to be processed in accordance with this section.

(e) The office of mental health practice shall furnish to a person who made a complaint a description of the actions of the office relating to the complaint.

Sec. 18. Minnesota Statutes 1994, section 148B.69, subdivision 2, is amended to read:

Subd. 2. [DISCOVERY; SUBPOENAS.] In all matters relating to the lawful activities of the office of mental health practice, the commissioner of health may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents, and other evidentiary material. Any person failing or refusing to appear or testify regarding any matter about which the person may be lawfully questioned or failing to produce any papers, books, records, documents, or other evidentiary materials in the matter to be heard, after having been required by order of the commissioner or by a subpoena of the commissioner to do so may, upon application to the district court in any district, be ordered to comply with the order or subpoena. The commissioner of health may administer oaths to witnesses or take their affirmation. Depositions may be taken within or without the state in the manner provided by law for the taking of depositions in civil actions. A subpoena or other process or paper may be served upon a person it names anywhere within the state by any officer authorized to serve subpoenas or other process or paper in civil actions, in the same manner as prescribed by law for service of process issued out of the district court of this state. The commissioner may review and copy arrest and investigative information from:

(1) the bureau of criminal apprehension;

(2) a county attorney, county sheriff, or county agency;

(3) a local chief of police;

(4) another state;

(5) a court; or

(6) a national criminal record repository.

Sec. 19. Minnesota Statutes 1994, section 148B.70, subdivision 3, is amended to read:

Subd. 3. [ADDITIONAL POWERS; CRIMINAL PENALTY.] The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a practitioner from criminal prosecution by a competent authority or from disciplinary action by the commissioner. A violation of an order of the commissioner is a gross misdemeanor."

Delete the title and insert:

"A bill for an act relating to health; modifying welfare data disclosure; modifying group purchasers' access to health data; modifying the membership provisions of the health data institute's board of directors; modifying the staff provisions of the health data institute; defining terms; modifying identification requirements for health care provider organizations, individual health care providers, and group purchasers; adding a core transaction set; modifying standard transaction sets provisions; modifying requirements for the health care identification card; establishing procedures for disclosing certain nonpublic data related to group purchasers; requiring the office of mental health practice to establish procedures for the exchange of information; permitting the commissioner of health to obtain certain arrest and investigative information; providing penalties; amending Minnesota Statutes 1994, sections 62J.51, by adding subdivisions; 62J.56, subdivision 2; 62J.60, subdivisions 2 and 3; 144.225, by adding a subdivision; 148B.66, by adding a subdivision; 148B.69, subdivision 2; and 148B.70, subdivision 3; Minnesota Statutes 1995 Supplement, sections 13.46, subdivision 2; 62J.451, subdivisions 7, 9, and 12; 62J.54, subdivisions 1, 2, and 3; and 62J.58."

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

The report was adopted.

Rice from the Committee on Economic Development, Infrastructure and Regulation Finance to which was referred:

H. F. No. 2105, A bill for an act relating to capital improvements; appropriating money for the 1879 Sibley County Courthouse restoration; authorizing the sale of state bonds.

Reported the same back with the following amendments:

Page 1, line 11, delete "B." and insert "R."

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

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 2125, A bill for an act relating to the environment; repealing obsolete air quality and wastewater treatment rules; amending Minnesota Rules, parts 7009.0080; 7035.2835, subpart 3; 7050.0185, subpart 8; 7050.0210, subpart 17; and 7077.0100; repealing Minnesota Rules, parts 7011.0400; 7011.0405; 7011.0410; 7077.0500; 7077.0505; 7077.0510; 7077.0515; 7077.0520; 7077.0525; 7077.0530; 7077.0535; 7077.0540; 7077.0545; 7077.0550; 7077.0555; 7077.0560; 7077.0600; 7077.0605; 7077.0610; 7077.0615; 7077.0620; 7077.0625; 7077.0630; 7077.0635; 7077.0640; 7077.0645; 7077.0650; 7077.0655; and 7077.0660.

Reported the same back with the following amendments:

Page 6, delete section 6 and insert:

"Sec. 6. [116.0715] [LIMIT ON BASIS FOR ACTION.]

The agency shall not issue or deny a permit or amendment or impose control requirements based solely on computer models projecting compliance or noncompliance with the secondary particulate matter standard.

Sec. 7. [TRANSITION.]

The agency shall amend Minnesota Rules, chapter 7009, to comply with the policy direction in section 6. The amendment shall be adopted under Minnesota Statutes, section 14.388, clause (3)."

Page 6, after line 33, insert:

"Sec. 10. [EFFECTIVE DATE.]

Sections 6 and 7 are effective the day following final enactment."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 6, after the first semicolon, insert "proposing coding for new law in Minnesota Statutes, chapter 116;"

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

The report was adopted.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 2127, A bill for an act relating to human services; amending Minnesota Statutes 1994, sections 256C.22; 256C.23; and 256C.28, as amended; proposing coding for new law in Minnesota Statutes, chapter 256C; repealing Minnesota Statutes 1994, sections 256C.24, subdivisions 1 and 2; 256C.25; 256C.26; and 256C.27; Minnesota Statutes 1995 Supplement, section 256C.24, subdivision 3.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 256C.22, is amended to read:

256C.22 [PURPOSE.]

It is the purpose of the "deaf and hard-of-hearing services act" to establish a statewide network of coordinated services to alleviate the developmental, social, educational and occupational deprivation of deaf and hard of hearing persons by establishing regional service centers and strengthening services delivered by state, local and regional agencies principal agency of the state to address the developmental, social, educational, and occupational needs of deaf, deaf-blind, and hard-of-hearing persons through a statewide network of coordinated services and by coordinating the promulgation of public policies, regulations, legislation, and programs affecting deaf, deaf-blind, and hard-of-hearing persons.

Sec. 2. Minnesota Statutes 1994, section 256C.23, is amended to read:

256C.23 [DEFINITIONS.]

Subdivision 1. For the purposes of sections 256C.21 to 256C.27 the terms defined in this section shall have the meanings given them, unless the context clearly indicates otherwise.

Subd. 2. "Deaf" means a hearing loss of such severity that the individual must depend primarily on visual communication such as writing, lip reading, manual communication, and gestures.

Subd. 2a. "Hard-of-hearing" means a hearing loss resulting in a functional loss of hearing, but not to the extent that the individual must depend primarily upon visual communication.

Subd. 2b. "Deaf-blind" means any combination of vision and hearing loss which interferes with acquiring information from the environment to the extent that compensatory strategies and skills are necessary to access that or other information.

Subd. 3. "Regional service center" means a facility designed to provide an entry point for deaf and hard-of-hearing persons of that region in need of education, employment, social, human, or other services.

Subd. 4. "Human services" means correctional, educational, occupational, health, mental health, financial and social services.

Subd. 5. "Human services agency" means a state, regional or local agency that provides human services.

Sec. 3. [256C.233] [DUTIES OF STATE AGENCIES.]

Subdivision 1. [DEAF AND HARD-OF-HEARING SERVICES DIVISION.] The commissioners of human services, children, families, and learning, and economic security shall create a distinct and separate organizational unit to be known as the deaf and hard-of-hearing services division to address the developmental, social, educational, and occupational needs of deaf and hard-of-hearing persons through a statewide network of collaborative services and by coordinating the promulgation of public policies, regulations, legislation, and programs affecting deaf, deaf-blind, and hard-of-hearing persons. An interdepartmental management team shall supervise the activities of the deaf and hard-of-hearing services division.

Subd. 2. [RESPONSIBILITIES.] The deaf and hard-of-hearing services division shall:

(1) establish and maintain a statewide network of regional service centers for deaf, deaf-blind, and hard-of-hearing Minnesotans;

(2) assist the departments of human services, children, families, and learning, and economic security to coordinate the promulgation and implementation of public policies, regulations, legislation, programs, and services affecting deaf, deaf-blind, and hard-of-hearing persons; and

(3) provide a coordinated system of statewide interpreter referral services.

Subd. 3. [HEALTH.] The commissioner of health shall establish standards for screening for hearing loss with special emphasis on screening of persons from birth through school age and persons over age 65.

Subd. 4. [STATE COMMISSIONERS.] The commissioners of all state agencies shall consult with the deaf and hard-of-hearing services division concerning the promulgation of public policies, regulations, and programs necessary to address the needs of deaf, deaf-blind, and hard-of-hearing Minnesotans. Each state agency shall consult with the deaf and hard-of-hearing services division concerning the need to forward legislative initiatives to the governor to address the concerns of deaf, deaf-blind, and hard-of-hearing Minnesotans.

Sec. 4. Minnesota Statutes 1994, section 256C.24, as amended by Laws 1995, chapter 190, section 14, is amended to read:

256C.24 [REGIONAL SERVICE CENTERS.]

Subdivision 1. [LOCATION.] The commissioner of human deaf and hard-of-hearing services division shall establish up to eight regional service centers for deaf and hard-of-hearing persons. The centers shall be distributed regionally to provide access for deaf, deaf-blind, and hard-of-hearing persons in all parts of the state. The center shall maintain a current registry of those persons having or suspected of having a hearing loss who live in that region. A special task of the registry is to assure that referrals and follow-up services are completed with respect to persons in the register.

Subd. 2. [RESPONSIBILITIES.] The Each regional service center shall:

(a) serve as the central entry point for deaf, deaf-blind, and hard-of-hearing persons in need of human services and make referrals to the services needed;

(b) employ staff trained to work with deaf, deaf-blind, and hard-of-hearing persons;

(c) provide to all deaf, deaf-blind, and hard-of-hearing persons access to interpreter services which are necessary to help them obtain human services;

(d) implement a plan to provide loan loaned equipment and resource materials to deaf, deaf-blind, and hard-of-hearing persons; and

(e) cooperate with responsible departments and administrative authorities to provide access for deaf, deaf-blind, and hard-of-hearing persons to services provided by state, county, and regional agencies.;

(f) collaborate with the resource center for the deaf and hard-of-hearing persons, other divisions of the department of children, families, and learning, and local school districts to develop and deliver programs and services for families with deaf, deaf-blind, or hard-of-hearing children and to support school personnel serving these children;

(g) when possible, provide training to the social service or income maintenance staff employed by counties or by organizations with whom counties contract for services to ensure that communication barriers which prevent deaf, deaf-blind, and hard-of-hearing persons from using services are removed;

(h) when possible, provide training to state and regional human service agencies regarding program access for deaf, deaf-blind, and hard-of-hearing persons; and

(i) assess the ongoing need and supply of services for deaf, deaf-blind, and hard-of-hearing persons in all parts of the state and cooperate with public and private service providers to develop these services.

Subd. 3. [ADVISORY COMMITTEE.] The commissioner of human director of the deaf and hard-of-hearing services division shall appoint an advisory committee of up to nine persons for each regional service area. Members shall include persons who are deaf, deaf-blind, and hard-of-hearing, persons who are communication-impaired, parents

of children who are deaf and hard-of-hearing, parents of communication-impaired children, and representatives of county and regional human services, including representatives of private service providers. At least 50 percent of the members must be deaf or hard-of-hearing or communication-impaired. Committee members shall serve for a three-year term and shall serve no more than two consecutive terms. The commissioner of human services Each advisory committee shall designate one member as elect a chair. The commissioner of human director of the deaf and hard-of-hearing services division shall assign staff to serve as ex officio members of the committee. Members shall not receive a per diem. Otherwise, the compensation, removal of members, and filling of vacancies on the committee shall be as provided in section 15.0575.

Sec. 5. Minnesota Statutes 1994, section 256C.25, subdivision 1, is amended to read:

Subdivision 1. [ESTABLISHMENT.] The commissioner of human deaf and hard-of-hearing services division shall maintain and coordinate statewide interpreter referral services for use by any public or private agency or individual in the state. Within the seven-county metro area, the commissioner division shall contract for these services; outside the metro area, the commissioner division shall directly coordinate these services but may contract with an appropriate agency to provide this service. The commissioner division may collect a $3 fee per referral for interpreter referral services and the actual costs of interpreter services provided by department staff. Fees and payments collected shall be deposited in the general fund. The $3 referral fee shall not be collected from state agencies or local units of government or deaf or hard-of-hearing consumers or interpreters.

Sec. 6. Minnesota Statutes 1994, section 256C.26, is amended to read:

256C.26 [EMPLOYMENT SERVICES.]

The commissioner of economic security shall develop a plan to deal with the underemployment of deaf and hard of hearing persons. The plan shall provide for training regarding the nature of hearing handicaps for department staff who consult with prospective employers or who provide job placement services work with the deaf and hard-of-hearing services division to develop and implement a plan to deal with the underemployment of deaf and hard-of-hearing persons.

Sec. 7. Minnesota Statutes 1994, section 256C.28, as amended by Laws 1995, First Special Session chapter 3, article 16, section 13, is amended to read:

256C.28 [COMMISSION SERVING DEAF AND HARD-OF-HEARING PEOPLE.]

Subdivision 1. [MEMBERSHIP.] The Minnesota commission serving deaf and hard-of-hearing people consists of seven members appointed at large and one member from each advisory committee established under section 256C.24, subdivision 3. At least 50 percent of the members must be deaf or hard of hearing. Members shall include persons who are deaf and hard of hearing, parents of children who are deaf and hard of hearing, and representatives of county and regional human services, including representatives of private service providers. Commission members are appointed by the commissioner of human services governor for a three-year term and shall serve no more than two consecutive terms. The commissioner of human services commission shall appoint select one member as chair.

Subd. 2. [REMOVAL; VACANCIES.] The compensation, removal of members, and filling of vacancies on the commission are as provided in section 15.0575.

Subd. 3. [MISSION.] The commission shall serve as the principal agency of the state to advocate on behalf of deaf, deaf-blind, and hard-of-hearing Minnesotans by working to ensure those persons have equal access to the services, programs, and opportunities available to others.

Subd. 3a. [DUTIES.] The commission shall:

(1) advise the governor, the legislature, and the commissioners of the departments of human services, children, families, and learning, economic security, and health on the nature of the issues and disabilities confronting deaf and hard of hearing persons in Minnesota assist deaf, deaf-blind, and hard-of-hearing persons and parents of deaf and hard-of-hearing students in advocating for equal access to services, programs, and opportunities;

(2) advise the governor, the legislature, and the commissioners of the departments of human services, children, families, and learning, economic security, and health on the development of policies, programs, and services affecting deaf, deaf-blind, and hard-of-hearing persons, and on the use of appropriate federal and state money;

(3) create a public awareness of the special needs and potential of deaf, deaf-blind, and hard-of-hearing persons;

(4) provide the governor, the legislature, and the commissioners of the departments of human services, children, families, and learning, economic security, and health with a review of ongoing services, programs, and proposed legislation affecting deaf, deaf-blind, and hard-of-hearing persons;

(5) advise the governor, the legislature, and the commissioners of the departments of human services, children, families, and learning, economic security, and health on statutes or, rules, and policies necessary to ensure that deaf, deaf-blind, and hard-of-hearing persons have equal access to benefits and services provided to individuals in Minnesota;

(6) recommend to the governor, the legislature, and the commissioners of the departments of human services, children, families, and learning, economic security, and health legislation designed to improve the economic and social conditions of deaf, deaf-blind, and hard-of-hearing persons in Minnesota;

(7) propose solutions to problems of deaf, deaf-blind, and hard-of-hearing persons in the areas of education, employment, human rights, human services, health, housing, and other related programs;

(8) recommend to the governor and the legislature any needed revisions in the state's affirmative action program and any other steps necessary to eliminate the underemployment or unemployment of deaf, deaf-blind, and hard-of-hearing persons in the state's work force;

(9) work with other state and federal agencies and organizations to promote economic development for deaf, deaf-blind, and hard-of-hearing Minnesotans; and

(10) coordinate its efforts with other state and local agencies serving deaf, deaf-blind, and hard-of-hearing persons.

Subd. 4. [STAFF.] The commission may appoint, subject to the approval of the governor, an executive director who must be experienced in administrative activities and familiar with the problems and needs of deaf, deaf-blind, and hard-of-hearing persons. The commission may delegate to the executive director any powers and duties under this section that do not require commission approval. The executive director serves in the unclassified service and may be removed at any time by a majority vote of the commission. The executive director shall coordinate the provision of necessary support services to the commission with the state department of human services deaf and hard-of-hearing services division. The executive director may employ and direct staff necessary to carry out commission mandates, policies, activities, and objectives.

Subd. 5. [POWERS.] The commission may contract in its own name. Contracts must be approved by a majority of the members of the commission and executed by the chair and the executive director. The commission may apply for, receive, and expend in its own name grants and gifts of money consistent with the powers and duties specified in this section.

Subd. 6. [REPORT.] The commission shall may prepare and distribute a report to the commissioner, the governor, and the legislature by December 31 of each even-numbered year periodic reports to the state agency commissioners, the governor, and the legislature concerning the activities of the commission and the needs and concerns of deaf, deaf-blind, and hard-of-hearing Minnesotans. The report must summarize the activities of the commission since its prior report, list receipts and expenditures, identify the major problems and issues confronting deaf and hard of hearing persons, make recommendations regarding needed policy and program development on behalf of deaf and hard of hearing individuals in Minnesota, and list the specific objectives the commission seeks to attain during the next biennium.

Sec. 8. [REPEALER.]

Minnesota Statutes 1994, section 256C.27, is repealed."

Delete the title and insert:

"A bill for an act relating to human services; changing provisions related to deaf and hard-of-hearing services division; amending Minnesota Statutes 1994, sections 256C.22; 256C.23; 256C.24, as amended; 256C.25, subdivision 1; 256C.26; and 256C.28, as amended; proposing coding for new law in Minnesota Statutes, chapter 256C; repealing Minnesota Statutes 1994, section 256C.27."

With the recommendation that when so amended the bill pass.

The report was adopted.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 2190, A bill for an act relating to health; providing for the cancellation of recodification efforts; repealing Laws 1994, chapter 625, article 5, section 5, as amended.

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

The report was adopted.

Olson, E., from the Committee on Ethics to which was referred:

H. F. No. 2197, A bill for an act relating to economic development; permitting the department of economic development to receive donations for economic development training; amending Minnesota Statutes 1994, section 10A.071, subdivision 3; Minnesota Statutes 1995 Supplement, section 116J.58, subdivision 1.

Reported the same back with the following amendments:

Page 5, line 1, delete "solicit and may" and insert "sponsor conferences and seminars on economic development and may solicit and"

Page 5, line 2, after "support" insert "such" and delete "on economic"

Page 5, line 3, delete "development"

Page 5, after line 11, insert:

"Sec. 3. Minnesota Statutes 1994, section 471.895, subdivision 3, is amended to read:

Subd. 3. [EXCEPTIONS.] (a) The prohibitions in this section do not apply if the gift is:

(1) a contribution as defined in section 211A.01, subdivision 5;

(2) services to assist an official in the performance of official duties, including but not limited to attending conferences or seminars described in section 116J.58, subdivision 1, clause (19), and providing advice, consultation, information, and communication in connection with legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause;

(5) a trinket or memento of insignificant value;

(6) informational material of unexceptional value; or

(7) food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program.

(b) The prohibitions in this section do not apply if the gift is given:

(1) because of the recipient's membership in a group, a majority of whose members are not local officials, and an equivalent gift is given to the other members of the group; or

(2) by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family."

Amend the title as follows:

Page 1, line 5, delete "section" and insert "sections"

Page 1, line 6, after the semicolon, insert "and 471.895, subdivision 3;"

With the recommendation that when so amended the bill pass.

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 2229, A bill for an act relating to public safety; providing for response to state emergencies; making technical and style changes; amending Minnesota Statutes 1994, sections 12.01; 12.02; 12.03; 12.04; 12.11; 12.13; 12.14; 12.21, as amended; 12.22; 12.221; 12.23; 12.24; 12.25; 12.26; 12.27; 12.28; 12.29; 12.301; 12.31; 12.32; 12.33; 12.34; 12.35; 12.36; 12.37; 12.42; 12.43; 12.44; 12.45; and 12.46; proposing coding for new law in Minnesota Statutes, chapter 12; repealing Minnesota Statutes 1994, sections 12.06; 12.07; and 12.08.

Reported the same back with the following amendments:

Page 3, lines 14 and 15, delete "that is located in Goodhue county, but not on Prairie Island,"

Page 6, line 35, delete "MULTISTATE PREPAREDNESS" and insert "EXERCISE COORDINATION"

Page 6, line 36, delete "multistate agency"

Page 7, line 1, before the period, insert "involving multiple Minnesota state agencies"

Page 13, lines 35 and 36, reinstate the stricken language

Page 14, line 2, after "media" insert "of affected communities"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2247, A bill for an act relating to human services; directing the department of human services to determine and pay certain compensation of the appeals panel along with allowable fees and costs of patient's counsel; extending the state's authority to obtain a lien when covering medical care for a person; adding provisions to notice required for monetary claims; amending Minnesota Statutes 1994, sections 253B.19, subdivision 1; 256.015, subdivision 4; and 256B.042, subdivisions 1 and 4; Minnesota Statutes 1995 Supplement, sections 256.015, subdivisions 1 and 2; and 256B.042, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 4, after "shall" insert "not"

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

The report was adopted.

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

H. F. No. 2285, A bill for an act relating to the metropolitan airports commission; clarifying and extending noise mitigation spending requirements; amending Minnesota Statutes 1994, section 473.661, subdivision 4.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 473.661, subdivision 4, is amended to read:

Subd. 4. [NOISE MITIGATION.] (a) According to the schedule in paragraph (b), commission funds must be dedicated (1) to supplement the implementation of corrective land use management measures approved by the Federal Aviation Administration as part of the commission's Federal Aviation Regulations, part 150 noise compatibility

program, and (2) for soundproofing and accompanying air conditioning of residences, schools, and other public buildings when there is a demonstrated need because of aircraft noise, regardless of the location of the building to be soundproofed, or any combination of the three.

(b) The noise mitigation program described in paragraph (a) shall be funded by the commission from whatever source of funds according to the following schedule:

In 1993, an amount equal to 20 percent of the passenger facilities charges revenue amount budgeted by the commission for 1993;

In 1994, an amount equal to 20 percent of the passenger facilities charges revenue amount budgeted by the commission for 1994;

In 1995, an amount equal to 35 percent of the passenger facilities charges revenue amount budgeted by the commission for 1995; and

In 1996 and 1997, an amount equal to 40 percent of the passenger facilities charges revenue amount budgeted by the commission for 1996.

(c) The commission's capital improvement projects, program, and plan must reflect the requirements of this section. As part of the commission's report to the legislature under section 473.621, subdivision 1a, the commission must provide a description and the status of each noise mitigation project implemented under this section. The commission shall report to the legislature by March 15 each year on the noise mitigation projects implemented during the previous year and the amount of money spent on those projects, specifying the amount that is in addition to the required local share for federal airport improvement funds paid pursuant to the approved part 150 program. The commission shall also include in its report under this paragraph the amount of passenger facility charges collected during the previous year.

(d) Within 60 180 days of submitting the commission's and the metropolitan council's report and recommendations on major airport planning to the legislature as required by section 473.618, the commission, with the assistance of its sound abatement advisory committee, shall make a recommendation to the legislature regarding appropriate funding levels for noise mitigation at Minneapolis-St. Paul International Airport and in the neighboring communities.

Sec. 2. [APPLICATION.]

Section 1 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "requiring a report;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2294, A bill for an act relating to economic development; providing for transfer of assets and liabilities of Minnesota Business Finance, Inc.; appropriating money; repealing Minnesota Statutes 1994, sections 13.99, subdivision 27c; 116S.01; 116S.02; 116S.03; 116S.04; 116S.05; 116S.06; 116S.07; 116S.08; 116S.09; 116S.10; and 116S.11.

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

The report was adopted.

Anderson, R., from the Committee on Health and Human Services to which was referred:

H. F. No. 2310, A bill for an act relating to health; adding two members to the emergency medical services regulatory board; specifying effective date of appointments and board actions; amending Minnesota Statutes 1995 Supplement, section 144E.01, subdivision 1.

Reported the same back with the following amendments:

Page 1, after line 7, insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 144.8093, subdivision 4, is amended to read:

Subd. 4. [DISTRIBUTION.] Money from the fund shall be distributed according to this subdivision. Ninety-three and one-third percent of the fund shall be distributed annually on a contract for services basis with each of the eight regional emergency medical services systems designated by the board. The systems shall be governed by a body consisting of appointed representatives from each of the counties in that region and shall also include representatives from emergency medical services organizations. The board shall contract with a regional entity only if the contract proposal satisfactorily addresses proposed emergency medical services activities in the following areas: personnel training, transportation coordination, public safety agency cooperation, communications systems maintenance and development, public involvement, health care facilities involvement, and system management. If each of the regional emergency medical services systems submits a satisfactory contract proposal, then this part of the fund shall be distributed evenly among the regions. If one or more of the regions does not contract for the full amount of its even share or if its proposal is unsatisfactory, then the board may reallocate the unused funds to the remaining regions on a pro rata basis. Six and two-thirds percent of the fund shall be used by the commissioner board to support regionwide reporting systems and to provide other regional administration and technical assistance."

Page 2, after line 32, insert:

"Sec. 3. Minnesota Statutes 1995 Supplement, section 147.09, is amended to read:

147.09 [EXEMPTIONS.]

Section 147.081 does not apply to, control, prevent or restrict the practice, service, or activities of:

(1) A person who is a commissioned medical officer of, a member of, or employed by, the armed forces of the United States, the United States Public Health Service, the Veterans Administration, any federal institution or any federal agency while engaged in the performance of official duties within this state, if the person is licensed elsewhere.

(2) A licensed physician from a state or country who is in actual consultation here.

(3) A licensed or registered physician who treats the physician's home state patients or other participating patients while the physicians and those patients are participating together in outdoor recreation in this state as defined by section 86A.03, subdivision 3. A physician shall first register with the board on a form developed by the board for that purpose. The board shall not be required to promulgate the contents of that form by rule. No fee shall be charged for this registration.

(4) A student practicing under the direct supervision of a preceptor while the student is enrolled in and regularly attending a recognized medical school.

(5) A student who is in continuing training and performing the duties of an intern or resident or engaged in postgraduate work considered by the board to be the equivalent of an internship or residency in any hospital or institution approved for training by the board, provided the student has a residency permit issued by the board under section 147.0391.

(6) A person employed in a scientific, sanitary, or teaching capacity by the state university, the department of children, families, and learning, or by any public or private school, college, or other bona fide educational institution, or the state department of health, whose duties are entirely of a public health or educational character, while engaged in such duties.

(7) Physician's assistants registered in this state.

(8) A doctor of osteopathy duly licensed by the state board of osteopathy under Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 1, 1963, who has not been granted a license to practice medicine in accordance with this chapter provided that the doctor confines activities within the scope of the license.

(9) Any person licensed by a health related licensing board, as defined in section 214.01, subdivision 2, or registered by the commissioner of health pursuant to section 214.13, including psychological practitioners with respect to the use of hypnosis; provided that the person confines activities within the scope of the license.

(10) A person who practices ritual circumcision pursuant to the requirements or tenets of any established religion.

(11) A Christian Scientist or other person who endeavors to prevent or cure disease or suffering exclusively by mental or spiritual means or by prayer.

(12) A physician licensed to practice medicine in another state who is in this state for the sole purpose of providing medical services at a competitive athletic event. The physician may practice medicine only on participants in the athletic event. A physician shall first register with the board on a form developed by the board for that purpose. The board shall not be required to adopt the contents of the form by rule. The physician shall provide evidence satisfactory to the board of a current unrestricted license in another state. The board shall charge a fee of $50 for the registration.

(13) A psychologist licensed under section 148.91 or a social worker licensed under section 148B.21 who uses or supervises the use of a penile or vaginal plethysmograph in assessing and treating individuals suspected of engaging in aberrant sexual behavior and sex offenders.

(14) Any person issued a training course certificate or credentialed by the emergency medical services regulatory board established in chapter 144E, provided the person confines activities within the scope of training at the certified or credentialed level.

Sec. 4. Minnesota Statutes 1994, section 169.686, subdivision 3, is amended to read:

Subd. 3. [APPROPRIATION; SPECIAL ACCOUNT.] The fines collected for a violation of subdivision 1 must be deposited in the state treasury and credited to a special account to be known as the emergency medical services relief account. Ninety percent of the money in the account shall be distributed to the eight regional emergency medical services systems designated by the commissioner emergency medical services regulatory board under section 144.8093, for personnel education and training, equipment and vehicle purchases, and operational expenses of emergency life support transportation services. The board of directors of each emergency medical services region shall establish criteria for funding. Ten percent of the money in the account shall be distributed to the commissioner of public safety for the expenses of traffic safety educational programs conducted by state patrol troopers."

Page 3, after line 3, insert:

"Sec. 6. [REVISOR INSTRUCTION.]

The revisor of statutes shall change the terms "commissioner of health," "commissioner," or similar terms to "emergency medical services regulatory board" or similar terms in Minnesota Rules to reflect the intent of the legislature to transfer certain functions from the commissioner of health to the emergency medical services regulatory board in the manner provided in Laws 1995, chapter 207, article 9."

Page 3, delete lines 5 and 6 and insert:

"Sections 1, 4, and 6 are effective July 1, 1996. Sections 2, 3, and 5 are effective the day following final enactment."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, before "adding" insert "transferring certain authority from the commissioner of health to the emergency medical services regulatory board;"

Page 1, line 3, after the semicolon, insert "adding an exemption to the medical license requirement;"

Page 1, line 5, after "amending" insert "Minnesota Statutes 1994, section 169.686, subdivision 3;"

Page 1, line 6, delete "section" and insert "sections 144.8093, subdivision 4;" and before the period, insert "; and 147.09"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2526, A bill for an act relating to crime; making it a crime to obtain cellular telephone service through cellular counterfeiting; requiring forfeiture of cloning paraphernalia used to create cloned cellular telephones; prescribing penalties; amending Minnesota Statutes 1994, section 609.531, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609.

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

The report was adopted.

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

H. F. No. 2782, A bill for an act relating to local government; providing for creation of an advisory council on intergovernmental relations; proposing coding for new law in Minnesota Statutes, chapter 15.

Reported the same back with the following amendments:

Page 2, line 22, delete "executive" and insert "governor"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2834, A bill for an act relating to watercraft; modifying the requirements for operation of a motorboat by a youth; amending Minnesota Statutes 1994, section 86B.305, subdivisions 1 and 2.

Reported the same back with the following amendments:

Page 1, line 8, before "child" insert "Aaron Sahli"

Page 2, after line 4, insert:

"Sec. 4. Minnesota Statutes 1994, section 86B.313, subdivision 2, is amended to read:

Subd. 2. [AGE OF OPERATOR.] Except in the case of an emergency, a person under the age of 13 years may not operate or be permitted to operate a personal watercraft, regardless of horsepower, unless there is a person 18 years of age or older on board the craft. It is unlawful for the owner of a personal watercraft to permit the personal watercraft to be operated contrary to this subdivision."

Renumber the sections in sequence

Delete the title and insert:

"A bill for an act relating to watercraft; modifying the requirements for operation of a motor boat by a youth; modifying the provisions for operation of a personal watercraft by a youth; amending Minnesota Statutes 1994, sections 86B.305, subdivisions 1 and 2; and 86B.313, subdivision 2."

With the recommendation that when so amended the bill pass.

The report was adopted.

Olson, E., from the Committee on Ethics to which was referred:

S. F. No. 339, A bill for an act relating to ethics in government; making advisory opinions public data; authorizing civil penalties; clarifying certain definitions; clarifying and authorizing exceptions to the ban on gifts; amending Minnesota Statutes 1994, sections 10A.02, subdivision 12; 10A.071, subdivisions 1, 3, and by adding a subdivision; 10A.29; 10A.34; and 471.895, subdivisions 1, 3, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 10A.

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

Page 2, line 22, after "any" insert a comma

Page 2, delete section 3

Page 4, lines 18, 21, and 24, delete the comma

Page 5, line 14, delete the second "to" and insert "for"

Page 8, lines 33 and 36, delete the comma

Page 9, line 3, delete the comma

Page 9, line 30, delete the second "to" and insert "for"

Page 10, line 18, delete everything after "through" and insert "or on behalf of"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, delete "extending the"

Page 1, delete line 3

Page 1, line 4, delete everything before "making"

Page 1, line 11, delete "10A.065, subdivision 1;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 558, A bill for an act relating to commerce; requiring inspections of, reports on, and training for tobacco retailers and employees; establishing administrative penalties; defining display allowance; prohibiting payment of display allowance; establishing penalties; amending Minnesota Statutes 1994, sections 325F.76, by adding a subdivision; 325F.78; and 461.12; proposing coding for new law in Minnesota Statutes, chapters 325F; and 461.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 461.12, is amended to read:

461.12 [MUNICIPAL CIGARETTE TOBACCO LICENSE.]

Subdivision 1. [AUTHORIZATION.] The A town board or the governing body of each town and a home rule charter and statutory city may shall license and regulate the sale at in retail establishments of cigarettes, cigarette paper, or cigarette wrappers tobacco as defined in section 609.685, subdivision 1, and fix the establish a reasonable license fee for such sales. The town or city may charge a uniform annual fee for all sellers or different annual fees for different classes of sellers. It may provide for the punishment of any violation of the regulations, and make other provisions for the regulation of the sale of cigarettes within its jurisdiction as are permitted by law. The county board may make like provisions for licensing and regulating shall license the sale of cigarettes tobacco in retail establishments in unorganized territory. The provisions of this section shall not apply to the licensing of sale of cigarettes in cars of common carriers.

Subd. 2. [ADMINISTRATIVE PENALTIES; LICENSEES.] (a) If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty of at least $100 but not more than $200. An administrative penalty of at least $200 but not more than $400 shall be imposed for a second violation at the same location within 24 months of the initial violation. For a third violation occurring at the same location within 24 months of the initial violation, an administrative penalty of at least $200 but not more than $400 as well as the licensee's authority to sell tobacco at that location shall be suspended for not more than seven days. The licensing authority will determine the amount of the fine in all three situations. Notwithstanding section 461.18, for a fourth or subsequent violation occurring at the same location within 24 months of the initial violation, the licensing authority may impose a civil penalty that is more severe than the penalty prescribed by this subdivision for a third violation.

(b) The licensing authority may reduce or waive the penalty for sale of tobacco to persons under 18 years of age if it finds that the person who made the sale participated in a training program or received retraining as specified in section 461.17. No suspension or penalty may be imposed under this subdivision until the licensee has received notice, served personally or by mail, of the alleged violation and of the right to a hearing and has been afforded the opportunity for such a hearing before the licensing authority. A decision on a violation must be in writing and based on substantial evidence in the record compiled at the hearing. A licensee may seek judicial review of any decision by the licensing authority in the district court of the county in which the licensing authority is located.

Subd. 3. [ADMINISTRATIVE PENALTY; INDIVIDUALS.] Any individual who sells tobacco to a person under the age of 18 years shall be subject to an administrative penalty of not less than $50. Any individual under the age of 18 years who attempts to purchase, purchases, or possesses tobacco shall be subject to an administrative penalty of not less than $50. No penalty may be imposed under this subdivision until the individual has received notice, served personally or by mail, of the alleged violation and of the right to a hearing and has been afforded the opportunity for such a hearing before the governing body of the home rule charter or statutory city, the town board, or the county board. A decision on a violation must be in writing and based on substantial evidence in the record compiled at the hearing. An individual may seek judicial review of any decision imposing a penalty under this subdivision in the district court of the county in which the illegal sale, purchase, or possession of tobacco is alleged to have occurred.

Subd. 4. [DEFENSE.] It is a defense to the charge of selling tobacco to a person under the age of 18 years in violation of subdivision 2 or 3 that the licensee or individual in making the sale requested, received, and reasonably and in good faith relied upon proof of age described in section 340A.503, subdivision 6, paragraph (a).

Sec. 2. [461.16] [TOBACCO SALES LOCATIONS; INSPECTIONS; REPORTS.]

Each statutory or home rule charter city or, in those areas of each county outside of the cities, the county shall conduct random, unannounced inspections at least once every two years at all locations where tobacco is sold to test compliance with section 609.685 and to conform with any requirements of federal law. The inspections shall be

performed by the law enforcement authorities or licensing departments of local units of government. A person no younger than 15 and no older than 17 may be enlisted to assist in the tests of compliance, provided that written consent from the person's parent or guardian has been obtained and that the person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department of the city or county. Each city or county which performs compliance checks shall report results to the commissioner of human services. The commissioner shall annually submit the report required by United States Code, title 42, section 300x-26, and otherwise ensure the state's compliance with that law and any regulations adopted to implement it.

Sec. 3. [461.17] [TOBACCO PRODUCT SALESPERSON; TRAINING.]

Subdivision 1. [TRAINING PROGRAM.] At each retail establishment where tobacco is sold, the employer shall have in effect a training program for employees who sell tobacco products at that establishment that instructs them about the law, the related penalties, and the employer's policy concerning the sale of tobacco. The employer shall maintain for 120 days after an employee has left the employer's employ a written record of training provided to the employee and the record shall be made available to inspectors on demand. If an inspection at any location discloses a violation of section 609.685, notice shall be given to the employer, and the employee who committed the violation shall be retrained as provided by this section.

Subd. 2. [SIGNAGE.] Each licensee shall display on the premises at each establishment where tobacco products are sold a sign stating that the sale of tobacco to persons under the age of 18 years is prohibited by law. A licensee may maintain and display tobacco products in a retail establishment in any place that is within the line of sight and immediate vicinity of a cashier or other employee of the licensee.

Sec. 4. [461.18] [UNIFORMITY.]

In order to ensure that Minnesota Statutes, sections 461.12, 461.16, and 461.17 are equitably and uniformly enforced and uniform training of employees is provided, no county, city, or town, or department, board, or agency thereof, and no other political subdivision or agency of this state may enact any laws, ordinances, rules, or regulations concerning the sale of tobacco that are stricter than state law. Any laws, ordinances, rules, or regulations concerning the sale of tobacco adopted prior to the effective date of this act shall be exempted. This section does not apply to laws, ordinances, rules, or regulations concerning the sale of tobacco through vending machines.

Sec. 5. [EFFECTIVE DATE.]

Sections 1, 2, and 4 are effective the day following the final enactment. Section 3 is effective August 1, 1996."

Delete the title and insert:

"A bill for an act relating to commerce; requiring licensing of, inspections of, reports on, and training for tobacco retailers and employees; establishing administrative penalties; amending Minnesota Statutes 1994, section 461.12; proposing coding for new law in Minnesota Statutes, chapter 461."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. Nos. 2055, 2125, 2127, 2190, 2197, 2285, 2294, 2310, 2782 and 2834 were read for the second time.

S. F. Nos. 339 and 558 were read for the second time.

The following House Files were introduced:

Krinkie, Worke and Osskopp introduced:

H. F. No. 2941, A bill for an act relating to local government; limiting a certain exclusion from net debt to personal property transactions; amending Minnesota Statutes 1994, section 465.71.

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

Macklin, Rest, Dauner, Erhardt and Goodno introduced:

H. F. No. 2942, A bill for an act relating to taxation; property; providing for recovery of improperly claimed homestead benefits; amending Minnesota Statutes 1994, section 290A.25; Minnesota Statutes 1995 Supplement, section 273.124, subdivision 13.

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

Garcia, Mahon, Dawkins and Clark introduced:

H. F. No. 2943, A bill for an act relating to taxation; providing that the market value of certain apartment property will not be increased for improvements for a certain tax period; amending Minnesota Statutes 1994, section 273.11, by adding a subdivision.

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

Greenfield introduced:

H. F. No. 2944, A bill for an act relating to human services; proposing technical changes in the ombudsman for mental health and mental retardation provisions; amending Minnesota Statutes 1994, sections 245.94, subdivisions 2a and 3; 245.95, subdivision 2; and 245.97, subdivision 6.

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

McGuire introduced:

H. F. No. 2945, A bill for an act relating to data practices; providing licensees with access to certain data; changing the maximum fee allowable for copies of patient medical records; amending Minnesota Statutes 1994, sections 13.41, subdivision 2; and 144.335, subdivision 5.

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

Workman, Paulsen and Krinkie introduced:

H. F. No. 2946, A bill for an act relating to family law; child visitation; prohibiting visitation by a parent who has been convicted of certain offenses involving criminal sexual conduct; amending Minnesota Statutes 1994, section 518.179.

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

Larsen, Girard, Bettermann and Davids introduced:

H. F. No. 2947, A bill for an act proposing an amendment to the Minnesota Constitution, by adding a section to article XIII; establishing the same constitutional standard for the Minnesota Constitution and the United States Constitution for issues relating to abortion.

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

Long; Kahn; Hasskamp; Swenson, D., and Weaver introduced:

H. F. No. 2948, A bill for an act relating to crimes; imposing felony penalties on persons who are convicted of a third impaired driving offense within a five-year period or a fourth or subsequent offense within a ten-year period; amending Minnesota Statutes 1994, sections 169.121, subdivisions 3 and 3a; and 169.129.

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

Long, Marko, Kelley, McElroy and Larsen introduced:

H. F. No. 2949, A bill for an act relating to transportation; establishing transportation policy for the metropolitan area; requiring a performance audit of the metropolitan transportation system; expanding the metropolitan council's authority over metropolitan area highways; requiring the council to establish a community-based transit demonstration program; providing a service incentive for opt-outs; providing for legislative auditor to prepare a best practices report; requiring the council to prepare a transit redesign plan for 1997; requiring legislative report; appropriating money; amending Minnesota Statutes 1994, sections 174.03, subdivision 5; 473.167, subdivision 1; and 473.388, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Cooper, Tunheim, Peterson, Delmont and Johnson, A., introduced:

H. F. No. 2950, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on development of existing airport; requiring legislative approval of proposed development; requiring soundproofing of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

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

Wejcman introduced:

H. F. No. 2951, A bill for an act relating to medical assistance; combining the alternative care program and the home- and community-based services waiver for the elderly program.

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

Wejcman introduced:

H. F. No. 2952, A bill for an act relating to human services; requesting the commissioners of health and human services to seek a federal waiver.

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

Wejcman introduced:

H. F. No. 2953, A bill for an act relating to state government; requiring an offer of long-term care insurance to retiring state employees; amending Minnesota Statutes 1995 Supplement, section 43A.316, by adding a subdivision.

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

Johnson, V., introduced:

H. F. No. 2954, A bill for an act relating to game and fish; modifying penalties for trespassing while hunting; providing penalties; amending Minnesota Statutes 1994, section 97A.315.

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

Carlson, L.; Entenza; Tomassoni; Johnson, A., and Ness introduced:

H. F. No. 2955, A bill for an act relating to education; modifying the state council on vocational technical education; appropriating money; amending Minnesota Statutes 1995 Supplement, section 136F.56, subdivisions 1, 2, 6, 7, and by adding a subdivision.

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

Rest, Ozment and Winter introduced:

H. F. No. 2956, A bill for an act relating to tax increment financing; clarifying the calculation of local contributions in lieu of state aid reductions; making technical changes; correcting a special law for the city of Morris; amending Minnesota Statutes 1995 Supplement, sections 273.1399, subdivision 6; 469.175, subdivision 5; and 469.176, subdivision 2; Laws 1995, chapter 264, article 5, section 40, subdivision 1.

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

Jennings, Otremba, Hausman and Olson, E., introduced:

H. F. No. 2957, A bill for an act relating to utilities; extending program to research, study, and report on the effects on dairy cattle of electric current in the ground; appropriating money; amending Laws 1994, chapter 573, sections 1, subdivisions 6, and 7; 4; and 5, subdivision 2.

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

Erhardt introduced:

H. F. No. 2958, A bill for an act relating to taxation; property; changing certain references to seasonal residential property; amending Minnesota Statutes 1994, sections 273.11, subdivisions 1a and 13; 273.42, subdivision 2; 279.06, subdivision 1; and 281.17; Minnesota Statutes 1995 Supplement, sections 273.124, subdivision 1; 273.13, subdivision 25; 274.01, subdivision 1; and 279.01, subdivision 4.

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

Leighton, Milbert, Bertram, Dauner and Olson, E., introduced:

H. F. No. 2959, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on development of existing airport; requiring legislative approval of proposed development; requiring soundproofing

of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

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

Orenstein; Carlson, L.; Kinkel; Pelowski and Tuma introduced:

H. F. No. 2960, A bill for an act relating to education; providing for a demonstration program for job skills; appropriating money.

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

Jefferson, Solberg, Mares, Van Engen and Brown introduced:

H. F. No. 2961, A bill for an act relating to capital improvements; authorizing the sale of state bonds; appropriating money for the Minneapolis convention center expansion.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

Abrams and Macklin introduced:

H. F. No. 2962, A bill for an act relating to elections; changing or imposing notice requirements for certain referenda; amending Minnesota Statutes 1995 Supplement, section 124A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 275.

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

Long introduced:

H. F. No. 2963, A bill for an act relating to taxation; property; providing a class rate for certain unimproved property bordering water; amending Minnesota Statutes 1994, section 273.13, subdivision 23; Minnesota Statutes 1995 Supplement, section 273.1398, subdivision 1.

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

Long and Macklin introduced:

H. F. No. 2964, A bill for an act relating to taxation; requiring certain school district referenda levies to be levied against referendum market value; amending Minnesota Statutes 1995 Supplement, section 275.08, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 124.

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

Goodno introduced:

H. F. No. 2965, A bill for an act relating to taxation; property; providing that referendum levies are not spread on noncommercial seasonal residential property; amending Minnesota Statutes 1994, section 275.61; and Minnesota Statutes 1995 Supplement, section 275.08, subdivision 1b.

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

Krinkie introduced:

H. F. No. 2966, A bill for an act proposing an amendment to the Minnesota Constitution, article VII, section 1; allowing seasonal residential property owners to vote on bonding and property tax questions where the property is located; providing implementing language; proposing coding for new law in Minnesota Statutes, chapter 204B.

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

Macklin and Wenzel introduced:

H. F. No. 2967, A bill for an act relating to taxation; property; changing the classification of certain seasonal residential property; amending Minnesota Statutes 1995 Supplement, sections 273.13, subdivision 25; and 273.1398, subdivision 1.

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

Solberg introduced:

H. F. No. 2968, A bill for an act relating to state lands; authorizing the private sale of certain tax-forfeited land bordering public water in St. Louis county.

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

Broecker, McGuire, Dawkins and Osthoff introduced:

H. F. No. 2969, A bill for an act relating to capital improvements; appropriating money for facilities for juveniles at risk of incarceration; authorizing the sale of state bonds.

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

Macklin, Dauner, Dorn, Seagren and Lieder introduced:

H. F. No. 2970, A bill for an act relating to civil actions; regulating the apportionment of joint and several liability; amending Minnesota Statutes 1994, section 604.02, subdivision 1.

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

Kelso introduced:

H. F. No. 2971, A bill for an act relating to education; authorizing a school district operating referendum to be conducted at the same time as a bond election; amending Minnesota Statutes 1994, section 124A.03, subdivision 2b.

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

Erhardt, Kelley, Garcia, Abrams and Paulsen introduced:

H. F. No. 2972, A bill for an act relating to capital improvements; appropriating money for the south metro joint public safety training facility; authorizing the sale of state bonds.

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

Delmont; Johnson, A.; Lynch; Weaver and Warkentin introduced:

H. F. No. 2973, A bill for an act relating to capital improvements; authorizing the issuance of state bonds for metropolitan council regional parks; appropriating money.

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

Rest; Anderson, I.; Mariani and Girard introduced:

H. F. No. 2974, A bill for an act relating to metropolitan government; providing for a nonbinding referendum on the issue of a stadium in the metropolitan area.

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

Kelso, Wolf and Macklin introduced:

H. F. No. 2975, A bill for an act relating to Scott county; permitting the appointment of the auditor, recorder, and treasurer.

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

Tomassoni, Perlt, Pugh, Frerichs and Dehler introduced:

H. F. No. 2976, A bill for an act relating to gambling; requiring the state lottery to authorize and regulate the operation of video lottery terminals and pull-tab dispensing devices at a licensed racetrack with horse racing on which pari-mutuel betting is conducted; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 349A.

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

Kinkel introduced:

H. F. No. 2977, A bill for an act relating to the environment; repealing the toxics in products law; repealing Minnesota Statutes 1994, section 115A.9651, as amended.

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

Greiling introduced:

H. F. No. 2978, A bill for an act relating to lobbyists; modifying content of periodic reports similar to federal requirements; amending Minnesota Statutes 1994, section 10A.04, subdivision 4.

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

Dehler introduced:

H. F. No. 2979, A bill for an act relating to crime; requiring the court to impose mandatory minimum fines on sale of tobacco to children; amending Minnesota Statutes 1994, section 609.101, by adding a subdivision.

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

Bakk introduced:

H. F. No. 2980, A bill for an act relating to the environment; repealing the toxics in products law; repealing Minnesota Statutes 1994, section 115A.9651, as amended.

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

Entenza introduced:

H. F. No. 2981, A bill for an act relating to education; modifying the definition of pupil units; modifying learning and development revenue; amending Minnesota Statutes 1994, sections 124.17, by adding a subdivision; and 124A.225, subdivision 4; Minnesota Statutes 1995 Supplement, sections 124.17, subdivision 1; and 124A.225, subdivision 1.

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

Wenzel, Otremba and Lourey introduced:

H. F. No. 2982, A bill for an act relating to agriculture; establishing the Minnesota dairy producers board; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 17.

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

Sarna; Brown; Carlson, S.; Hackbarth and Jennings introduced:

H. F. No. 2983, A bill for an act relating to capital improvements; authorizing the issuance of state bonds for metropolitan council regional parks; appropriating money.

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

Hasskamp and Sykora introduced:

H. F. No. 2984, A bill for an act proposing an amendment to the Minnesota Constitution, by adding a section to article XIII; establishing the same constitutional standard for the Minnesota Constitution and the United States Constitution for issues relating to abortion.

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

Johnson, A., introduced:

H. F. No. 2985, A bill for an act relating to taxation; income; allowing a subtraction for long-term care insurance premiums; amending Minnesota Statutes 1995 Supplement, section 290.01, subdivision 19b.

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

Johnson, A., introduced:

H. F. No. 2986, A bill for an act relating to education; removing obsolete references; amending Minnesota Statutes 1995 Supplement, section 124.71, subdivision 2.

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

Dawkins introduced:

H. F. No. 2987, A bill for an act relating to real estate; providing for a five-week redemption period for certain vacant property in certain cities; amending Minnesota Statutes 1994, sections 279.06, subdivision 1; 279.37, by adding a subdivision; and 281.17; proposing coding for new law in Minnesota Statutes, chapter 281.

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

Wenzel introduced:

H. F. No. 2988, A bill for an act relating to highways; designating the Veterans Memorial Highway; amending Minnesota Statutes 1994, section 161.14, by adding a subdivision.

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

Jennings introduced:

H. F. No. 2989, A bill for an act relating to state government; rulemaking; requiring the advice and comment from standing committees for certain agency rules.

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

Wenzel introduced:

H. F. No. 2990, A bill for an act relating to state lands; authorizing the conveyance of certain lots in Crow Wing and Morrison counties; amending Laws 1995, chapter 238, section 1, subdivision 2.

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

Wenzel introduced:

H. F. No. 2991, A bill for an act relating to gambling; proposing an amendment to the Minnesota Constitution, article XIII, section 5, to prohibit the legislature from authorizing any form of gambling other than by nonprofit organizations for charitable purposes, and to nullify all laws that authorize gambling; repealing authorization for private social bets and certain tribal-state compacts, contingent on approval of the constitutional amendment; amending Minnesota Statutes 1994, section 609.75, subdivision 3; repealing Laws 1989, chapter 334, article 6, section 14; and Laws 1990, chapter 590, article 1, section 48, subdivision 2.

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

Wenzel introduced:

H. F. No. 2992, A bill for an act relating to crime prevention; authorizing the commissioner of corrections to establish a correctional facility at Camp Ripley; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 243.

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

Davids and Johnson, V., introduced:

H. F. No. 2993, A bill for an act relating to family law; child support; making county participation in the administrative process for support optional in certain cases; amending Minnesota Statutes 1995 Supplement, section 518.5511, subdivision 1.

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

Orfield and Wagenius introduced:

H. F. No. 2994, A bill for an act relating to the city of Minneapolis; expanding the areas for which special service districts may be established; amending Laws 1985, chapter 302, section 2, subdivision 1, as amended.

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

Daggett, Otremba, Boudreau and Johnson, V., introduced:

H. F. No. 2995, A bill for an act relating to state lands; authorizing sale of certain tax-forfeited lands that border public water in Wadena county.

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

Tunheim, Lieder, Wenzel, Finseth and Olson, E., introduced:

H. F. No. 2996, A bill for an act relating to agriculture; appropriating money for a grant to a joint powers board for beaver damage control.

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

Vickerman; Hasskamp; Harder; Swenson, H., and Otremba introduced:

H. F. No. 2997, A bill for an act relating to liquor; discontinuing the use of the term "nonintoxicating liquor"; amending Minnesota Statutes 1994, section 340A.411, subdivision 1, and by adding a subdivision.

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

Krinkie, Knight and Workman introduced:

H. F. No. 2998, A bill for an act relating to highways; mandating certain charges by road authorities for removing nonconforming mailbox installations and supports; amending Minnesota Statutes 1994, section 169.072, subdivision 3.

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

Dauner introduced:

H. F. No. 2999, A bill for an act relating to the city of Breckenridge; modifying tax increment financing requirements.

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

Krinkie, Knight and Workman introduced:

H. F. No. 3000, A bill for an act relating to public utilities; enacting the retail wheeling for qualifying facilities act; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 216B.

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

Davids introduced:

H. F. No. 3001, A bill for an act relating to health; exempting certain recreational camping areas from the requirement to furnish a water supply; amending Minnesota Statutes 1994, section 327.20, subdivision 1.

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

Wenzel introduced:

H. F. No. 3002, A bill for an act relating to crime; providing mandatory minimum prison sentences for persons convicted of first or second degree forcible or violent criminal sexual conduct; amending Minnesota Statutes 1994, sections 609.342, subdivision 2; and 609.343, subdivision 2.

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

Peterson, Skoglund, Trimble and Pugh introduced:

H. F. No. 3003, A bill for an act relating to railroads; making unlawful blocking of intersections by trains a misdemeanor; imposing a minimum penalty; amending Minnesota Statutes 1994, section 219.383, subdivision 4.

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

Rice, Knoblach, Jennings, Osthoff and Ness introduced:

H. F. No. 3004, A bill for an act relating to commerce; providing that state departments may not impose geographical limitations on issuance of licenses; proposing coding for new law in Minnesota Statutes, chapter 15.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

Rukavina, Murphy and Wagenius introduced:

H. F. No. 3005, A bill for an act relating to economic security; modifying allocation of workforce investment funds; amending Minnesota Statutes 1994, section 268.022, subdivision 2.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Rukavina and Bakk introduced:

H. F. No. 3006, A bill for an act relating to economic development; allowing certain cities to turn over certain property taxes to their joint economic development association.

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

Jaros, Sykora, Leighton, Larsen and Long introduced:

H. F. No. 3007, A bill for an act relating to economic development; providing for an educational grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 126.

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

Rukavina introduced:

H. F. No. 3008, A bill for an act relating to ethics; changing the name of the ethical practices board to the board of public disclosure.

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

Knoblach; Warkentin; Carlson, S.; Anderson, B., and Gunther introduced:

H. F. No. 3009, A bill for an act relating to reapportionment of the legislature and congressional districts; proposing an amendment to the Minnesota Constitution, article IV, sections 2 and 3, and by adding an article, to provide for congressional and legislative apportionments by a commission; implementing the proposed amendment by providing by law for the duties, powers, and operation of the commission; appropriating money; imposing a penalty; proposing coding for new law in Minnesota Statutes, chapter 2A; repealing Minnesota Statutes 1994, sections 2.043; 2.053; 2.063; 2.073; 2.083; 2.093; 2.103; 2.113; 2.123; 2.133; 2.143; 2.153; 2.163; 2.173; 2.183; 2.193; 2.203; 2.213; 2.223; 2.233; 2.243; 2.253; 2.263; 2.273; 2.283; 2.293; 2.303; 2.313; 2.323; 2.333; 2.343; 2.353; 2.363; 2.373; 2.383; 2.393; 2.403; 2.413; 2.423; 2.433; 2.443; 2.453; 2.463; 2.473; 2.483; 2.493; 2.503; 2.513; 2.523; 2.533; 2.543; 2.553; 2.563; 2.573; 2.583; 2.593; 2.603; 2.613; 2.623; 2.633; 2.643; 2.653; 2.663; 2.673; 2.683; 2.693; 2.703; 2.731; 2.742; 2.752; 2.762; 2.772; 2.782; 2.792; 2.802; and 2.812.

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

The following messages were received from the Senate:

Mr. Speaker:

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

H. F. No. 697, A bill for an act relating to insurance; long-term care; permitting the sale of policies with longer waiting periods with disclosure to the purchaser; amending Minnesota Statutes 1994, sections 62A.48, subdivision 1; and 62A.50, subdivision 3.

The Senate has appointed as such committee:

Mr. Solon, Ms. Wiener and Mr. Belanger.

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. 1567, A bill for an act relating to public funds; regulating the deposit and investment of these funds, and agreements related to these funds; requiring a study; amending Minnesota Statutes 1994, section 6.745; proposing coding for new law as Minnesota Statutes, chapter 118A; repealing Minnesota Statutes 1994, sections 118.005; 118.01; 118.02; 118.08; 118.09; 118.10; 118.11; 118.12; 118.13; 118.14; 118.16; 124.05; 471.56; 475.66; and 475.76.

The Senate has appointed as such committee:

Messrs. Pogemiller, Mondale and Belanger.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. No. 1800.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 1800, A bill for an act relating to the military; changing procedures for disposition of closed armories; amending Minnesota Statutes 1995 Supplement, section 193.36, subdivision 2.

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

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding General Orders for today, Thursday, February 1, 1996:

H. F. Nos. 2332, 2413, 2008, 2308, 2340, 2532, 2391, 2149, 2079 and 2116.

H. F. No. 2332 was reported to the House.

Ozment, Trimble, Munger and Jennings moved to amend H. F. No. 2332 as follows:

Page 2, after line 3, insert:

"Sec. 3. [LEGISLATIVE APPROVAL OF CONSUMPTIVE USE OF WATER.]

Pursuant to section 103G.265, subdivision 3, the legislature approves the consumptive use of more than 2,000,000 gallons per day average in a 30-day period at the Koch Refining Company in Rosemount, subject to the commissioner of natural resources making a determination that the water remaining in the basin of origin will be adequate to meet the basin's need for water.

Sec. 4. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 2332, A bill for an act relating to water; modifying permit requirements; amending Minnesota Statutes 1995 Supplement, sections 103G.245, subdivisions 3 and 5.

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 130 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Finseth      Koppendrayer Opatz        Sviggum
Anderson, R. Frerichs     Kraus        Orenstein    Swenson, D.
Bakk         Garcia       Krinkie      Orfield      Swenson, H.
JOURNAL OF THE HOUSE - 72nd Day - Top of Page 6494

Bertram      Girard       Larsen       Osskopp      Sykora
Bettermann   Goodno       Leighton     Osthoff      Tomassoni
Bishop       Greenfield   Leppik       Ostrom       Tompkins
Boudreau     Greiling     Lieder       Otremba      Trimble
Bradley      Gunther      Lindner      Ozment       Tuma
Broecker     Haas         Lourey       Paulsen      Tunheim
Brown        Hackbarth    Luther       Pawlenty     Van Dellen
Carlson, L.  Harder       Lynch        Pellow       Van Engen
Carlson, S.  Hasskamp     Macklin      Pelowski     Vickerman
Carruthers   Hausman      Mahon        Perlt        Wagenius
Clark        Holsten      Mares        Peterson     Warkentin
Commers      Huntley      Mariani      Pugh         Weaver
Cooper       Jaros        Marko        Rest         Wejcman
Daggett      Jefferson    McCollum     Rhodes       Wenzel
Dauner       Jennings     McElroy      Rice         Winter
Davids       Johnson, A.  McGuire      Rostberg     Wolf
Dawkins      Johnson, R.  Milbert      Rukavina     Worke
Dehler       Johnson, V.  Molnau       Sarna        Workman
Delmont      Kahn         Mulder       Schumacher   Sp.Anderson,I
Dempsey      Kalis        Munger       Seagren      
Dorn         Kelley       Murphy       Skoglund     
Entenza      Kelso        Olson, E.    Smith        
Erhardt      Kinkel       Olson, M.    Solberg      
Farrell      Knoblach     Onnen        Stanek       

Abrams       Knight                    

H. F. No. 2413, A bill for an act relating to cemeteries; clarifying procedures for examination of certain accounts and records by the state auditor; providing for transfer of cemeteries to and from local units of government; amending Minnesota Statutes 1994, sections 149.13, subdivision 5; 306.02, subdivision 2; 306.025; 306.243, by adding a subdivision; and 306.97.

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       Finseth      Koppendrayer Olson, M.    Solberg
Anderson, B. Frerichs     Kraus        Onnen        Stanek
Anderson, R. Garcia       Krinkie      Opatz        Sviggum
Bakk         Girard       Larsen       Orenstein    Swenson, D.
Bertram      Goodno       Leighton     Orfield      Swenson, H.
Bettermann   Greenfield   Leppik       Osskopp      Sykora
Bishop       Greiling     Lieder       Osthoff      Tomassoni
Boudreau     Gunther      Lindner      Ostrom       Tompkins
Bradley      Haas         Long         Otremba      Trimble
Broecker     Hackbarth    Lourey       Ozment       Tuma
Brown        Harder       Luther       Paulsen      Tunheim
Carlson, L.  Hasskamp     Lynch        Pawlenty     Van Dellen
Carlson, S.  Hausman      Macklin      Pellow       Van Engen
Carruthers   Holsten      Mahon        Pelowski     Vickerman
Clark        Huntley      Mares        Perlt        Wagenius
Commers      Jaros        Mariani      Peterson     Warkentin
Cooper       Jefferson    Marko        Pugh         Weaver
Daggett      Jennings     McCollum     Rest         Wejcman
Dauner       Johnson, A.  McElroy      Rhodes       Wenzel
Davids       Johnson, R.  McGuire      Rice         Winter
Dawkins      Johnson, V.  Milbert      Rostberg     Wolf
Delmont      Kalis        Molnau       Rukavina     Worke
Dempsey      Kelley       Mulder       Sarna        Workman
Dorn         Kelso        Munger       Schumacher   Sp.Anderson,I
Entenza      Kinkel       Murphy       Seagren      
Erhardt      Knight       Ness         Skoglund     
Farrell      Knoblach     Olson, E.    Smith        

H. F. No. 2008, A bill for an act relating to insurance; health; regulating childbirth and postpartum care benefits; proposing coding for new law in Minnesota Statutes, chapter 62A.

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

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

Those who voted in the affirmative were:

Abrams       Erhardt      Kelso        Ness         Smith
Anderson, B. Farrell      Kinkel       Olson, E.    Solberg
Anderson, R. Finseth      Knight       Opatz        Stanek
Bakk         Frerichs     Knoblach     Orenstein    Swenson, D.
Bertram      Garcia       Koppendrayer Orfield      Swenson, H.
Bettermann   Girard       Krinkie      Osskopp      Sykora
Bishop       Goodno       Larsen       Osthoff      Tomassoni
Boudreau     Greenfield   Leighton     Ostrom       Tompkins
Bradley      Greiling     Leppik       Otremba      Trimble
Broecker     Gunther      Lieder       Ozment       Tuma
Brown        Haas         Long         Paulsen      Tunheim
Carlson, L.  Hackbarth    Lourey       Pawlenty     Van Dellen
Carlson, S.  Harder       Luther       Pellow       Wagenius
Carruthers   Hasskamp     Lynch        Pelowski     Warkentin
Clark        Hausman      Macklin      Perlt        Weaver
Commers      Holsten      Mahon        Peterson     Wejcman
Cooper       Huntley      Mares        Pugh         Wenzel
Daggett      Jaros        Mariani      Rest         Winter
Dauner       Jefferson    Marko        Rhodes       Wolf
Davids       Jennings     McCollum     Rice         Worke
Dawkins      Johnson, A.  McElroy      Rostberg     Workman
JOURNAL OF THE HOUSE - 72nd Day - Top of Page 6495

Dehler       Johnson, R.  McGuire      Rukavina     Sp.Anderson,I
Delmont      Johnson, V.  Milbert      Sarna        
Dempsey      Kahn         Molnau       Schumacher   
Dorn         Kalis        Munger       Seagren      
Entenza      Kelley       Murphy       Skoglund     

Kraus        Mulder       Onnen        Van Engen    
Lindner      Olson, M.    Sviggum      Vickerman    

H. F. No. 2308, A bill for an act relating to state government; providing a condition on participation in the state employee combined charitable campaign; amending Minnesota Statutes 1994, section 309.501, 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 134 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Skoglund
Anderson, B. Finseth      Knoblach     Olson, E.    Smith
Anderson, R. Frerichs     Koppendrayer Olson, M.    Solberg
Bakk         Garcia       Kraus        Onnen        Stanek
Bertram      Girard       Krinkie      Opatz        Sviggum
Bettermann   Goodno       Larsen       Orenstein    Swenson, D.
Bishop       Greenfield   Leighton     Orfield      Swenson, H.
Boudreau     Greiling     Leppik       Osskopp      Sykora
Bradley      Gunther      Lieder       Osthoff      Tomassoni
Broecker     Haas         Lindner      Ostrom       Tompkins
Brown        Hackbarth    Long         Otremba      Trimble
Carlson, L.  Harder       Lourey       Ozment       Tuma
Carlson, S.  Hasskamp     Luther       Paulsen      Tunheim
Carruthers   Hausman      Lynch        Pawlenty     Van Dellen
Clark        Holsten      Macklin      Pellow       Van Engen
Commers      Huntley      Mahon        Pelowski     Vickerman
Cooper       Jaros        Mares        Perlt        Wagenius
Daggett      Jefferson    Mariani      Peterson     Warkentin
Dauner       Jennings     Marko        Pugh         Weaver
Davids       Johnson, A.  McCollum     Rest         Wejcman
Dawkins      Johnson, R.  McElroy      Rhodes       Wenzel
Dehler       Johnson, V.  McGuire      Rice         Winter
Delmont      Kahn         Milbert      Rostberg     Wolf
Dempsey      Kalis        Molnau       Rukavina     Worke
Dorn         Kelley       Mulder       Sarna        Workman
Entenza      Kelso        Munger       Schumacher   Sp.Anderson,I
Erhardt      Kinkel       Murphy       Seagren      

H. F. No. 2340, A bill for an act relating to health professions; providing for the registration of speech-language pathologists and audiologists by the department of health; providing penalties; proposing coding for new law in

Minnesota Statutes, chapter 148; repealing Minnesota Rules, parts 4750.0010; 4750.0020; 4750.0030; 4750.0040; 4750.0050; 4750.0060; 4750.0070; 4750.0080; 4750.0090; 4750.0100; 4750.0200; 4750.0300; 4750.0400; 4750.0500; 4750.0600; and 4750.0700.

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

The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Skoglund
Anderson, B. Finseth      Knoblach     Olson, E.    Smith
Anderson, R. Frerichs     Koppendrayer Olson, M.    Solberg
Bakk         Garcia       Kraus        Onnen        Stanek
Bertram      Girard       Krinkie      Opatz        Sviggum
Bettermann   Goodno       Larsen       Orenstein    Swenson, D.
Bishop       Greenfield   Leighton     Orfield      Swenson, H.
Boudreau     Greiling     Leppik       Osskopp      Sykora
Bradley      Gunther      Lieder       Osthoff      Tomassoni
Broecker     Haas         Lindner      Ostrom       Tompkins
Brown        Hackbarth    Long         Otremba      Trimble
Carlson, L.  Harder       Lourey       Ozment       Tuma
Carlson, S.  Hasskamp     Luther       Paulsen      Tunheim
Carruthers   Hausman      Lynch        Pawlenty     Van Dellen
Clark        Holsten      Macklin      Pellow       Van Engen
Commers      Huntley      Mahon        Pelowski     Vickerman
Cooper       Jaros        Mares        Perlt        Wagenius
Daggett      Jefferson    Mariani      Peterson     Warkentin
Dauner       Jennings     Marko        Pugh         Weaver
Davids       Johnson, A.  McCollum     Rest         Wejcman
Dawkins      Johnson, R.  McElroy      Rhodes       Wenzel
Dehler       Johnson, V.  McGuire      Rice         Winter
Delmont      Kahn         Milbert      Rostberg     Wolf
Dempsey      Kalis        Molnau       Rukavina     Worke
Dorn         Kelley       Mulder       Sarna        Workman
Entenza      Kelso        Munger       Schumacher   Sp.Anderson,I
Erhardt      Kinkel       Murphy       Seagren      

H. F. No. 2532, A bill for an act relating to the Minneapolis park and recreation board; providing for the appointment of various employees; amending Laws 1969, chapter 1024, section 1, as amended.

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

The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Smith
Anderson, B. Finseth      Knoblach     Olson, E.    Solberg
Anderson, R. Frerichs     Koppendrayer Olson, M.    Stanek
Bakk         Garcia       Kraus        Onnen        Sviggum
JOURNAL OF THE HOUSE - 72nd Day - Top of Page 6497

Bertram      Girard       Krinkie      Opatz        Swenson, D.
Bettermann   Goodno       Larsen       Orenstein    Swenson, H.
Bishop       Greenfield   Leighton     Osskopp      Sykora
Boudreau     Greiling     Leppik       Osthoff      Tomassoni
Bradley      Gunther      Lieder       Ostrom       Tompkins
Broecker     Haas         Lindner      Otremba      Trimble
Brown        Hackbarth    Long         Ozment       Tuma
Carlson, L.  Harder       Lourey       Paulsen      Tunheim
Carlson, S.  Hasskamp     Luther       Pawlenty     Van Dellen
Carruthers   Hausman      Lynch        Pellow       Van Engen
Clark        Holsten      Macklin      Pelowski     Vickerman
Commers      Huntley      Mahon        Perlt        Wagenius
Cooper       Jaros        Mares        Peterson     Warkentin
Daggett      Jefferson    Mariani      Pugh         Weaver
Dauner       Jennings     Marko        Rest         Wejcman
Davids       Johnson, A.  McCollum     Rhodes       Wenzel
Dawkins      Johnson, R.  McElroy      Rice         Winter
Dehler       Johnson, V.  McGuire      Rostberg     Wolf
Delmont      Kahn         Milbert      Rukavina     Worke
Dempsey      Kalis        Molnau       Sarna        Workman
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
Entenza      Kelso        Munger       Seagren      
Erhardt      Kinkel       Murphy       Skoglund     

H. F. No. 2391 was reported to the House.

Jennings moved to amend H. F. No. 2391, the first engrossment, as follows:

Page 4, line 9, delete ", except that" and insert ". Remedial investigation costs such as soil borings monitoring wells, and well searches are reimbursable at this stage, but"

Page 4, line 12, delete "reimbursable at this stage"

Page 5, delete line 8, and insert "board simultaneous to at the same time the commissioner's commissioner"

Page 5, line 9, strike "consideration of" and insert "considers"

Page 8, lines 31 and 32, reinstate the stricken language and delete "an"

The motion prevailed and the amendment was adopted.

H. F. No. 2391, A bill for an act relating to commerce; petroleum tank release cleanup; regulating reimbursement; providing enforcement authority to the commissioner of commerce; making various technical changes; amending Minnesota Statutes 1994, sections 115C.02, by adding a subdivision; 115C.03, subdivision 8; 115C.06; and 115C.09, as amended; Minnesota Statutes 1995 Supplement, sections 115C.02, subdivision 11a; 115C.092, subdivision 1; 115C.10, subdivision 1; 115C.11, subdivision 1; and 115C.12; proposing coding for new law in Minnesota Statutes, chapter 115C; repealing Minnesota Statutes 1994, section 115C.11, subdivisions 3 and 4; Minnesota Statutes 1995 Supplement, section 115C.11, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knoblach     Olson, E.    Smith
Anderson, B. Finseth      Koppendrayer Olson, M.    Solberg
Anderson, R. Frerichs     Kraus        Onnen        Stanek
Bakk         Garcia       Krinkie      Opatz        Sviggum
JOURNAL OF THE HOUSE - 72nd Day - Top of Page 6498

Bertram      Girard       Larsen       Orenstein    Swenson, D.
Bettermann   Goodno       Leighton     Orfield      Swenson, H.
Bishop       Greenfield   Leppik       Osskopp      Sykora
Boudreau     Greiling     Lieder       Osthoff      Tomassoni
Bradley      Gunther      Lindner      Ostrom       Tompkins
Broecker     Haas         Long         Otremba      Trimble
Brown        Hackbarth    Lourey       Ozment       Tuma
Carlson, L.  Harder       Luther       Paulsen      Tunheim
Carlson, S.  Hasskamp     Lynch        Pawlenty     Van Dellen
Carruthers   Hausman      Macklin      Pellow       Van Engen
Clark        Holsten      Mahon        Pelowski     Vickerman
Commers      Huntley      Mares        Perlt        Wagenius
Cooper       Jaros        Mariani      Peterson     Warkentin
Daggett      Jefferson    Marko        Pugh         Weaver
Dauner       Jennings     McCollum     Rest         Wejcman
Davids       Johnson, A.  McElroy      Rhodes       Wenzel
Dawkins      Johnson, R.  McGuire      Rice         Winter
Dehler       Johnson, V.  Milbert      Rostberg     Wolf
Delmont      Kahn         Molnau       Rukavina     Worke
Dempsey      Kalis        Mulder       Sarna        Workman
Dorn         Kelley       Munger       Schumacher   Sp.Anderson,I
Entenza      Kinkel       Murphy       Seagren      
Erhardt      Knight       Ness         Skoglund     

H. F. No. 2149 was reported to the House.

Perlt moved to amend H. F. No. 2149 as follows:

Page 1, after line 15, insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective January 5, 1998."

The motion prevailed and the amendment was adopted.

H. F. No. 2149, A bill for an act relating to state government; providing for a representative of organized labor on the pollution control agency board; amending Minnesota Statutes 1995 Supplement, section 116.02, subdivision 1.

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 102 yeas and 32 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kinkel       Olson, E.    Skoglund
Bakk         Goodno       Knoblach     Opatz        Smith
Bertram      Greenfield   Larsen       Orenstein    Solberg
Bishop       Greiling     Leighton     Orfield      Stanek
Boudreau     Gunther      Lieder       Osskopp      Swenson, D.
Brown        Hackbarth    Long         Osthoff      Tomassoni
Carlson, L.  Harder       Lourey       Ostrom       Tompkins
Carlson, S.  Hasskamp     Luther       Otremba      Trimble
Carruthers   Hausman      Lynch        Ozment       Tuma
Clark        Holsten      Macklin      Pelowski     Tunheim
Cooper       Huntley      Mahon        Perlt        Wagenius
Dauner       Jaros        Mares        Peterson     Warkentin
Dawkins      Jefferson    Mariani      Pugh         Wejcman
Dehler       Jennings     Marko        Rest         Wenzel
Delmont      Johnson, A.  McCollum     Rhodes       Winter
Dempsey      Johnson, R.  McElroy      Rice         Wolf
Dorn         Johnson, V.  McGuire      Rostberg     Workman
Entenza      Kahn         Milbert      Rukavina     Sp.Anderson,I
Erhardt      Kalis        Munger       Sarna        
Farrell      Kelley       Murphy       Schumacher   
Finseth      Kelso        Ness         Seagren      

Abrams       Davids       Krinkie      Paulsen      Van Engen
Anderson, B. Frerichs     Leppik       Pawlenty     Vickerman
Bettermann   Girard       Lindner      Pellow       Weaver
Bradley      Haas         Molnau       Sviggum      Worke 
Broecker     Knight       Mulder       Swenson, H.  
Commers      Koppendrayer Olson, M.    Sykora       
Daggett      Kraus        Onnen        Van Dellen   

H. F. No. 2079, A bill for an act relating to the city of New Market; permitting the city to incur debt not subject to the general debt limit.

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

The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Smith
Anderson, B. Finseth      Knoblach     Olson, E.    Solberg
Anderson, R. Frerichs     Koppendrayer Olson, M.    Stanek
Bakk         Garcia       Kraus        Onnen        Sviggum
Bertram      Girard       Krinkie      Opatz        Swenson, D.
Bettermann   Goodno       Larsen       Orenstein    Swenson, H.
Bishop       Greenfield   Leighton     Orfield      Sykora
Boudreau     Greiling     Leppik       Osskopp      Tomassoni
Bradley      Gunther      Lieder       Osthoff      Tompkins
Broecker     Haas         Lindner      Ostrom       Trimble
Brown        Hackbarth    Long         Otremba      Tuma
Carlson, L.  Harder       Lourey       Ozment       Tunheim
Carlson, S.  Hasskamp     Luther       Paulsen      Van Dellen
Carruthers   Hausman      Lynch        Pawlenty     Van Engen
Clark        Holsten      Macklin      Pellow       Vickerman
Commers      Huntley      Mahon        Pelowski     Wagenius
Cooper       Jaros        Mares        Perlt        Warkentin
Daggett      Jefferson    Mariani      Peterson     Weaver
Dauner       Jennings     Marko        Pugh         Wejcman
Davids       Johnson, A.  McCollum     Rest         Wenzel
Dawkins      Johnson, R.  McElroy      Rhodes       Winter
Dehler       Johnson, V.  McGuire      Rostberg     Wolf
Delmont      Kahn         Milbert      Rukavina     Worke
Dempsey      Kalis        Molnau       Sarna        Workman
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
Entenza      Kelso        Munger       Seagren      
Erhardt      Kinkel       Murphy       Skoglund     

H. F. No. 2116, A bill for an act relating to agriculture; changing provisions of plant pests, fertilizer, and lime; changing licensing requirements for aquatic pest control applicators; amending Minnesota Statutes 1994, sections 18.52, subdivisions 2 and 5; 18.53; 18B.32; 18B.33, subdivision 1; 18B.34, subdivision 1; 18C.005, subdivisions 6, 13, 20, 22, 33, 34, and by adding a subdivision; 18C.115, subdivision 2; 18C.215, subdivisions 1 and 2; 18C.415, subdivision 1; 18C.531, subdivision 8, and by adding a subdivision; 18C.545, subdivision 2; and 18E.03, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 18B; repealing Minnesota Statutes 1994, section 18C.531, subdivision 26.

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

The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Ness         Skoglund
Anderson, B. Finseth      Knoblach     Olson, E.    Smith
Anderson, R. Frerichs     Koppendrayer Olson, M.    Solberg
JOURNAL OF THE HOUSE - 72nd Day - Top of Page 6500

Bakk         Garcia       Kraus        Onnen        Stanek
Bertram      Girard       Krinkie      Opatz        Sviggum
Bettermann   Goodno       Larsen       Orenstein    Swenson, D.
Bishop       Greenfield   Leighton     Orfield      Swenson, H.
Boudreau     Greiling     Leppik       Osskopp      Sykora
Bradley      Gunther      Lieder       Osthoff      Tomassoni
Broecker     Haas         Lindner      Ostrom       Tompkins
Brown        Hackbarth    Long         Otremba      Trimble
Carlson, L.  Harder       Lourey       Ozment       Tuma
Carlson, S.  Hasskamp     Luther       Paulsen      Tunheim
Carruthers   Hausman      Lynch        Pawlenty     Van Dellen
Clark        Holsten      Macklin      Pellow       Van Engen
Commers      Huntley      Mahon        Pelowski     Vickerman
Cooper       Jaros        Mares        Perlt        Wagenius
Daggett      Jefferson    Mariani      Peterson     Warkentin
Dauner       Jennings     Marko        Pugh         Weaver
Davids       Johnson, A.  McCollum     Rest         Wejcman
Dawkins      Johnson, R.  McElroy      Rhodes       Wenzel
Dehler       Johnson, V.  McGuire      Rice         Winter
Delmont      Kahn         Milbert      Rostberg     Wolf
Dempsey      Kalis        Molnau       Rukavina     Worke
Dorn         Kelley       Mulder       Sarna        Workman
Entenza      Kelso        Munger       Schumacher   Sp.Anderson,I
Erhardt      Kinkel       Murphy       Seagren      

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

Harder moved that the name of Cooper be added as an author on H. F. No. 2116. The motion prevailed.

Bettermann moved that the name of Paulsen be added as an author on H. F. No. 2174. The motion prevailed.

Sviggum moved that the names of Swenson, H.; Otremba and Wenzel be added as authors on H. F. No. 2200. The motion prevailed.

Pellow moved that his name be stricken and the name of Workman be added as chief author on H. F. No. 2208. The motion prevailed.

Jaros moved that his name be stricken as an author on H. F. No. 2424. The motion prevailed.

Sykora moved that the name of Paulsen be added as an author on H. F. No. 2551. The motion prevailed.

Mariani moved that the name of Trimble be added as an author on H. F. No. 2673. The motion prevailed.

Bishop moved that the name of Carlson, S., be added as an author on H. F. No. 2710. The motion prevailed.

Dawkins moved that the name of Ostrom be added as an author on H. F. No. 2793. The motion prevailed.

Leighton moved that the names of Anderson, I.; Sviggum and Wagenius be added as authors on H. F. No. 2867. The motion prevailed.

Murphy moved that the name of Johnson, R., be added as an author on H. F. No. 2900. The motion prevailed.

Bakk moved that the name of Johnson, R., be added as an author on H. F. No. 2902. The motion prevailed.

Kalis moved that the name of Worke be added as an author on H. F. No. 2927. The motion prevailed.

Solberg moved that the names of Anderson, I., and Kinkel be added as authors on H. F. No. 2934. The motion prevailed.

Carlson, S., moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, January 31, 1996, when the vote was taken on the final passage of H. F. No. 1926." The motion prevailed.

Wenzel moved that the names of Anderson, R.; Sviggum; Otremba and Boudreau be added as authors on H. F. No. 2033. The motion prevailed.

Winter moved that H. F. No. 2087 be recalled from the Committee on Education and be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance. The motion prevailed.

Tomassoni moved that H. F. No. 2474 be recalled from the Committee on Governmental Operations and be re-referred to the Committee on Education. The motion prevailed.

Clark moved that H. F. No. 2725 be recalled from the Committee on International Trade and Economic Development and be re- referred to the Committee on Economic Development, Infrastructure and Regulation Finance. The motion prevailed.

Clark moved that S. F. No. 1812 be recalled from the Committee on Housing and be re-referred to the Committee on Local Government and Metropolitan Affairs. The motion prevailed.

Orenstein moved that H. F. No. 2782, now on Technical General Orders, be re-referred to the Committee on Governmental Operations. The motion prevailed.

Rest moved that H. F. No. 903 be returned to its author. The motion prevailed.

Knight moved that H. F. No. 2168 be returned to its author. The motion prevailed.

Solberg moved that H. F. No. 2933 be returned to its author. The motion prevailed.

House Resolution No. 10 was reported to the House.

A house resolution urging the President and Congress to accomplish the budget balancing objective without placing at risk the health and security of the rural and senior citizens of Minnesota and the Nation.

Whereas, there are 575,000 citizens over the age of 65 who reside in the state of Minnesota, 80,000 of whom are 85 years of age or older; and

Whereas, Minnesota ranks ninth in the nation in proportion of very elderly citizens, those most in need of nursing or in-home services; and

Whereas, the elderly and persons with disabilities consume 70 percent of medical assistance dollars spent in Minnesota and make up 23 percent of all medical assistance recipients; and

Whereas, the number of persons between the ages of 65 and 75 years is projected to increase 54 percent between the years 2010 and 2020 and the number of Minnesotans aged 85 and older is projected to increase by 48 percent over the next 25 years, four times the state's overall projected growth; and

Whereas, 98 of 140 hospitals in Minnesota receive over half their revenue from Medicare and Medicaid and 17 rural hospitals receive more than 70 percent of their funding from these programs, making our state's rural health care particularly vulnerable in the light of Medicare and Medicaid cuts proposed by Congress; and

Whereas, Minnesota had the fourth lowest average annual growth rate in medical assistance in the nation between the years of 1989 and 1992 and Minnesota now has one of the nation's lowest Medicare reimbursement rates, putting this state in jeopardy of being penalized for demonstrated success in cost containment, should cuts proposed by Congress be enacted; and

Whereas, Minnesota taxpayers already realize a return of only 81 cents for every dollar invested in our federal government; and

Whereas, Minnesota stands to lose $1.86 billion over the next seven years under the plan for growth proposed by Congress for Medicaid, while the number of eligible recipients in the state continues to grow, with the effect in Minnesota of either an increased burden on state property tax payers or removal of the safety net for some senior citizens, or both; and

Whereas, Minnesota stands to lose another $4.5 billion over the next seven years under the plan for growth proposed by Congress for Medicare; Now, Therefore,

Be It Resolved by the House of Representatives of the State of Minnesota that it commends the President and the Congress of the United States for their commitment to balance the federal budget in seven years; and

Be It Further Resolved that the House of Representatives admonishes the President and Congress not to accomplish the balanced budget objective by placing the rural citizens of Minnesota and this country at risk, nor by jeopardizing the health and security of senior citizens; and

Be It Further Resolved that the House of Representatives urges the President and Congress to accomplish the seven-year balanced budget with the objective of preserving access to needed health care for the disabled and the elderly of our state and this nation; and

Be It Further Resolved that the House of Representatives of the State of Minnesota urges the President and Congress to achieve a balanced budget and preserve the integrity of the Medicare and Medicaid programs through provision of appropriate funding to honor the commitment made by this nation to its citizens that government will not desert them at their time of greatest need.

Carruthers moved that House Resolution No. 10 be now adopted.

A roll call was requested and properly seconded.

Osthoff moved to amend House Resolution No. 10, the second engrossment, as follows:

Page 1, line 24, delete "rural"

Page 2, line 26, delete "the rural"

Amend the title as follows:

Page 1, line 4, delete "rural and"

The motion prevailed and the amendment was adopted.

Haas moved to amend House Resolution No. 10, the second engrossment, as amended, as follows:

Page 2, after line 33, insert "Be It Further Resolved that the President and Congress shall permit states to identify efficiencies and cost savings in publicly-funded programs, and shall provide more flexibility in the use of taxpayer funds by states in the administration of publicly-funded programs, and shall reduce mandates and regulations which are burdensome on the states and their citizens; and"

The motion prevailed and the amendment was adopted.

Bradley moved to amend House Resolution No. 10, the second engrossment, as amended, as follows:

Page 2, line 19, before "Now, Therefore," insert "Whereas, the Medicare Board of Trustees' Annual Report states that at current rates of spending the Medicare program will be bankrupt within six to eleven years; and

Whereas, current projected health care and Medicaid spending levels exceed revenue growth;"

The motion prevailed and the amendment was adopted.

Sykora, Warkentin, Knoblach, Vickerman and Van Dellen moved to amend House Resolution No. 10, the second engrossment, as amended, as follows:

Page 2, line 19, before "Now, Therefore," insert:

"Whereas, the President's Medicare Board of Trustee's stated that if Medicare is not reformed payroll taxes will have to double to avoid bankruptcy, and result in a total of $123 billion of new taxes levied on employers and employees in the first year of implementation;"

A roll call was requested and properly seconded.

The question was taken on the Sykora et al amendment and the roll was called. There were 63 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Finseth      Kraus        Osskopp      Sykora
Bettermann   Frerichs     Krinkie      Ozment       Tompkins
Bishop       Girard       Larsen       Paulsen      Tuma
Boudreau     Goodno       Leppik       Pawlenty     Van Dellen
Bradley      Gunther      Lindner      Pellow       Van Engen
Broecker     Haas         Lynch        Rhodes       Vickerman
Carlson, S.  Hackbarth    Macklin      Rostberg     Warkentin
Commers      Harder       Mares        Seagren      Weaver
Daggett      Holsten      Molnau       Smith        Wolf
Davids       Johnson, V.  Mulder       Stanek       Worke
Dehler       Knight       Ness         Sviggum      Workman 
Dempsey      Knoblach     Olson, M.    Swenson, D.  
Erhardt      Koppendrayer Onnen        Swenson, H.  

Anderson, R. Greenfield   Leighton     Orenstein    Skoglund
Bakk         Greiling     Lieder       Orfield      Solberg
Bertram      Hasskamp     Long         Osthoff      Tomassoni
Brown        Huntley      Lourey       Ostrom       Trimble
Carlson, L.  Jaros        Luther       Otremba      Tunheim
Carruthers   Jefferson    Mahon        Pelowski     Wagenius
Clark        Jennings     Mariani      Perlt        Wejcman
Cooper       Johnson, A.  Marko        Peterson     Wenzel
Dawkins      Johnson, R.  McCollum     Pugh         Winter
Delmont      Kahn         McGuire      Rest         Sp.Anderson,I
Dorn         Kalis        Munger       Rice         
Entenza      Kelley       Murphy       Rukavina     
Farrell      Kelso        Olson, E.    Sarna        
Garcia       Kinkel       Opatz        Schumacher   

Van Dellen, Workman, Kraus, Lindner, Pawlenty, Holsten, Davids, Warkentin, Paulsen, Osskopp, Sykora, Tuma, Mares, Frerichs, Knoblach, Van Engen and Krinkie moved to amend House Resolution No. 10, the second engrossment, as amended, as follows:

Page 3, line 4, delete the period and insert "; and"

Page 3, after line 4, insert:

"Be It Further Resolved that the House of Representatives urges the President and Congress to enact the federal tax reductions contained in Congress's Balanced Budget Act of 1995."

A roll call was requested and properly seconded.

Carruthers moved to amend the Van Dellen et al amendment to House Resolution No. 10, the second engrossment, as amended, as follows:

Page 1, line 7, before the period insert, "that target middle class and low-income citizens"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Frerichs     Koppendrayer Olson, M.    Stanek
Anderson, R. Garcia       Kraus        Onnen        Sviggum
Bakk         Girard       Krinkie      Opatz        Swenson, D.
Bertram      Goodno       Larsen       Orfield      Swenson, H.
Bettermann   Greenfield   Leighton     Osskopp      Sykora
Bishop       Greiling     Leppik       Osthoff      Tomassoni
Boudreau     Gunther      Lieder       Ostrom       Tompkins
Bradley      Haas         Lindner      Otremba      Trimble
Broecker     Hackbarth    Long         Ozment       Tuma
Brown        Harder       Lourey       Paulsen      Tunheim
Carlson, L.  Hasskamp     Luther       Pawlenty     Van Dellen
Carlson, S.  Holsten      Lynch        Pellow       Van Engen
Carruthers   Huntley      Macklin      Pelowski     Vickerman
Clark        Jaros        Mahon        Perlt        Wagenius
Commers      Jefferson    Mares        Peterson     Warkentin
Cooper       Jennings     Marko        Pugh         Weaver
Daggett      Johnson, A.  McCollum     Rest         Wejcman
Davids       Johnson, R.  McElroy      Rhodes       Wenzel
Dawkins      Johnson, V.  McGuire      Rostberg     Winter
Dehler       Kahn         Milbert      Rukavina     Wolf
Delmont      Kalis        Molnau       Sarna        Worke
Dempsey      Kelley       Mulder       Schumacher   Workman
Dorn         Kelso        Munger       Seagren      Sp.Anderson,I
Entenza      Kinkel       Murphy       Skoglund     
Erhardt      Knight       Ness         Smith        
Finseth      Knoblach     Olson, E.    Solberg      

The question recurred on the Van Dellen et al amendment, as amended, and the roll was called. There were 126 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Garcia       Kraus        Onnen        Sviggum
Anderson, R. Girard       Krinkie      Opatz        Swenson, D.
Bakk         Goodno       Larsen       Orfield      Swenson, H.
Bertram      Greenfield   Leighton     Osskopp      Sykora
Bettermann   Greiling     Leppik       Osthoff      Tomassoni
Bishop       Gunther      Lieder       Ostrom       Tompkins
Boudreau     Haas         Lindner      Otremba      Trimble
Bradley      Hackbarth    Long         Ozment       Tuma
Broecker     Harder       Lourey       Paulsen      Tunheim
Brown        Hasskamp     Luther       Pawlenty     Van Dellen
Carlson, L.  Holsten      Lynch        Pellow       Van Engen
Carlson, S.  Huntley      Macklin      Pelowski     Vickerman
Carruthers   Jaros        Mahon        Perlt        Wagenius
Clark        Jefferson    Mares        Peterson     Warkentin
Commers      Jennings     Marko        Pugh         Weaver
Cooper       Johnson, A.  McCollum     Rhodes       Wejcman
Daggett      Johnson, R.  McElroy      Rice         Wenzel
Davids       Johnson, V.  McGuire      Rostberg     Winter
Dawkins      Kahn         Milbert      Rukavina     Wolf
Dehler       Kalis        Molnau       Sarna        Worke
Delmont      Kelley       Mulder       Schumacher   Workman
Dempsey      Kelso        Munger       Seagren      Sp.Anderson,I
Dorn         Kinkel       Murphy       Skoglund     
Erhardt      Knight       Ness         Smith        
Finseth      Knoblach     Olson, E.    Solberg      
Frerichs     Koppendrayer Olson, M.    Stanek       

Osskopp moved to amend House Resolution No. 10, the second engrossment, as amended, as follows:

Page 2, after line 10, insert:

"Whereas, since 1944 to 1994 Congress has been increasing federal deficits and mismanaging the American peoples' money and has caused the great financial difficulties we find our country in; and"

Page 3, line 4, delete the period and insert "; and

Be It Further Resolved that the House of Representatives admonishes the current Congress not to make the same mistakes as the previous 40 years; and

Be It Further Resolved that the House of Representatives encourages Congress to set the country on a sound financial path that will stop hurting children and the elderly."

A roll call was requested and properly seconded.

The question was taken on the Osskopp amendment and the roll was called. There were 63 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Frerichs     Krinkie      Osskopp      Sykora
Bettermann   Girard       Larsen       Ozment       Tompkins
Boudreau     Goodno       Leppik       Paulsen      Tuma
Bradley      Gunther      Lindner      Pawlenty     Van Dellen
Broecker     Haas         Lynch        Pellow       Van Engen
Carlson, S.  Hackbarth    Macklin      Rhodes       Vickerman
Commers      Harder       Mares        Rostberg     Warkentin
Daggett      Holsten      McElroy      Seagren      Weaver
Davids       Johnson, V.  Molnau       Smith        Wolf
Dehler       Knight       Mulder       Stanek       Worke
Dempsey      Knoblach     Ness         Sviggum      Workman 
Erhardt      Koppendrayer Olson, M.    Swenson, D.  
Finseth      Kraus        Onnen        Swenson, H.  

Anderson, R. Greenfield   Kinkel       Murphy       Sarna
Bakk         Greiling     Leighton     Olson, E.    Schumacher
Bertram      Hasskamp     Lieder       Opatz        Skoglund
Brown        Huntley      Long         Orfield      Solberg
Carlson, L.  Jaros        Lourey       Osthoff      Tomassoni
Carruthers   Jefferson    Luther       Ostrom       Trimble
Clark        Jennings     Mahon        Otremba      Tunheim
Cooper       Johnson, A.  Mariani      Pelowski     Wagenius
Delmont      Johnson, R.  Marko        Perlt        Wejcman
Dorn         Kahn         McCollum     Peterson     Wenzel
Entenza      Kalis        McGuire      Pugh         Winter
Farrell      Kelley       Milbert      Rest         Sp.Anderson,I
Garcia       Kelso        Munger       Rukavina     

Knight moved to amend House Resolution No. 10, the second engrossment, as amended, as follows:

Page 1, line 25, delete "cuts" and insert "reductions in the rate of growth"

Page 2, line 1, before the semicolon, insert "and the President"

Page 2, line 7, delete "cuts" and insert "reductions in the rate of growth" and after "Congress" insert "and the President"

Page 2, line 11, delete everything after "Whereas" and insert "the nation as a whole stands to save $59 billion over the next seven years under the President's current proposal for Medicaid, or $85 billion over the same period under the Medicaid plan currently proposed by Congress"

Page 2, delete line 12

Page 2, line 13, delete "for Medicaid,"

Page 2, line 17, delete everything after "Whereas" and insert "the nation as a whole stands to save $124 billion over the next seven years under the President's current proposal for Medicare, or $168 billion over the same period under the current plan proposed by"

Page 2, delete line 18

A roll call was requested and properly seconded.

The question was taken on the Knight amendment and the roll was called. There were 64 yeas and 64 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Finseth      Kraus        Onnen        Swenson, H.
Bettermann   Frerichs     Krinkie      Osskopp      Sykora
Bishop       Girard       Larsen       Ozment       Tompkins
Boudreau     Goodno       Leppik       Paulsen      Tuma
Bradley      Gunther      Lindner      Pawlenty     Van Dellen
Broecker     Haas         Lynch        Pellow       Van Engen
Carlson, S.  Hackbarth    Macklin      Rhodes       Vickerman
Commers      Harder       Mares        Rostberg     Warkentin
Daggett      Holsten      McElroy      Seagren      Weaver
Davids       Johnson, V.  Molnau       Smith        Wolf
Dehler       Knight       Mulder       Stanek       Worke
Dempsey      Knoblach     Ness         Sviggum      Workman 
Erhardt      Koppendrayer Olson, M.    Swenson, D.  

Anderson, R. Greenfield   Leighton     Olson, E.    Sarna
Bakk         Hasskamp     Lieder       Opatz        Schumacher
Bertram      Huntley      Long         Orfield      Skoglund
Brown        Jaros        Lourey       Osthoff      Solberg
Carlson, L.  Jefferson    Luther       Ostrom       Tomassoni
Carruthers   Jennings     Mahon        Otremba      Trimble
Clark        Johnson, A.  Mariani      Pelowski     Tunheim
Cooper       Johnson, R.  Marko        Perlt        Wagenius
Dawkins      Kahn         McCollum     Peterson     Wejcman
Delmont      Kalis        McGuire      Pugh         Wenzel
Dorn         Kelley       Milbert      Rest         Winter
Entenza      Kelso        Munger       Rice         Sp.Anderson,I
Garcia       Kinkel       Murphy       Rukavina     

Sviggum moved to amend House Resolution No. 10, the second engrossment, as amended, as follows:

Page 2, line 19, before "Now, Therefore," insert:

"Whereas, the President's Medicare Board of Trustees have reported that Medicare will run a deficit in 1996 for the first time in the program's 30 year history and the Hospital Insurance Trust Fund will be bankrupt and unable to pay hospital bills for 37 million senior and disabled Americans by 2002;"

The motion prevailed and the amendment was adopted.

Abrams moved to amend House Resolution No. 10, the second engrossment, as amended, as follows:

Page 3, line 4, delete the period and insert "; and"

Page 3, after line 4, insert:

"Be It Further Resolved that unless a response to this resolution is received from the President and Congressional Leadership, the house will no longer offer resolutions commending the Congress or the President to do anything unless a specific request is received from either."

A roll call was requested and properly seconded.

The question was taken on the Abrams amendment and the roll was called. There were 71 yeas and 49 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kraus        Olson, M.    Swenson, H.
Anderson, B. Finseth      Krinkie      Onnen        Sykora
Anderson, R. Frerichs     Larsen       Opatz        Tuma
Bettermann   Girard       Leppik       Osskopp      Van Dellen
Bishop       Goodno       Lindner      Otremba      Van Engen
Boudreau     Greiling     Long         Paulsen      Vickerman
Bradley      Gunther      Lynch        Pawlenty     Warkentin
Broecker     Haas         Mahon        Pellow       Weaver
Carlson, S.  Hackbarth    Mares        Pelowski     Wolf
Commers      Harder       Marko        Rhodes       Worke
Cooper       Holsten      McElroy      Rostberg     Workman 
Daggett      Huntley      McGuire      Seagren      
Davids       Johnson, V.  Molnau       Stanek       
Dehler       Knoblach     Mulder       Sviggum      
Dempsey      Koppendrayer Ness         Swenson, D.  

Bakk         Garcia       Kinkel       Olson, E.    Skoglund
Bertram      Greenfield   Knight       Orfield      Solberg
Brown        Hasskamp     Leighton     Osthoff      Tomassoni
Carlson, L.  Jaros        Lieder       Ostrom       Tunheim
Carruthers   Jefferson    Lourey       Perlt        Wagenius
Clark        Johnson, A.  Luther       Peterson     Wejcman
Dawkins      Johnson, R.  Mariani      Rest         Wenzel
Delmont      Kahn         McCollum     Rukavina     Winter
Dorn         Kalis        Munger       Sarna        Sp.Anderson,I
Entenza      Kelso        Murphy       Schumacher   

The question recurred on the Carruthers motion and the roll was called. There were 113 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Anderson, B. Frerichs     Leppik       Orfield      Sviggum
Anderson, R. Garcia       Lieder       Osskopp      Swenson, D.
Bakk         Goodno       Lindner      Osthoff      Swenson, H.
Bertram      Greenfield   Long         Ostrom       Sykora
Bettermann   Gunther      Lourey       Otremba      Tomassoni
Bishop       Haas         Luther       Ozment       Trimble
Boudreau     Hackbarth    Lynch        Paulsen      Tuma
Bradley      Harder       Mahon        Pawlenty     Tunheim
Brown        Hasskamp     Mares        Pellow       Van Dellen
Carlson, L.  Holsten      Mariani      Pelowski     Van Engen
Carlson, S.  Huntley      Marko        Perlt        Vickerman
Carruthers   Jaros        McCollum     Peterson     Wagenius
Clark        Jefferson    McElroy      Pugh         Warkentin
Cooper       Johnson, R.  McGuire      Rest         Weaver
Daggett      Johnson, V.  Milbert      Rhodes       Wejcman
Davids       Kahn         Molnau       Rostberg     Wenzel
Dehler       Kalis        Mulder       Rukavina     Winter
Delmont      Kelley       Munger       Sarna        Wolf
Dempsey      Kelso        Murphy       Schumacher   Worke
Dorn         Kinkel       Ness         Seagren      Workman
Entenza      Koppendrayer Olson, E.    Skoglund     Sp.Anderson,I
Erhardt      Kraus        Onnen        Solberg      
Finseth      Leighton     Opatz        Stanek       

Those who voted in the negative were:

Knight                    

Orenstein moved that the following statement be printed in the Journal of the House: "On the vote on the Sykora et al amendment to House Resolution No. 10, the second engrossment, as amended, it was my intention under Rule 2.05 not to vote." The motion prevailed.

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Monday, February 5, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 2:30 p.m., Monday, February 5, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

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