Bakk; Dempsey; Frerichs; Johnson, A.; Kahn; Olson, E.; Osthoff; Rukavina and Solberg were excused.

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

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

H. F. No. 2, A bill for an act relating to the environment; automobile emissions; providing that a vehicle need not be inspected until the year of its registration is five years more than its model year; changing the inspection fee; amending Minnesota Statutes 1994, sections 116.61, subdivision 1, and by adding a subdivision; and 116.64, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 20, before "The" insert "Except for inspections performed for purposes of complying with section 168A.10, subdivision 1a,"

Page 2, line 6, after "year" insert "or upon the sale of the vehicle"

Page 2, after line 15, insert:

"Sec. 4. Minnesota Statutes 1994, section 168A.10, is amended by adding a subdivision to read:

Subd. 1a. [EMISSIONS CERTIFICATION REQUIRED.] With respect to motor vehicles that are required to be inspected under section 116.61, the transferor must, in the space provided therefor on the certificate, state that (1) an inspection has been performed on the vehicle under section 116.62 within the 30 days prior to the transfer, and (2) a copy of the certificate of compliance or the written inspection report on the motor vehicle has been delivered to the transferee, or that the transferee has waived the right to have the inspection performed and certificate or report delivered.

Sec. 5. Minnesota Statutes 1994, section 168A.29, subdivision 1, is amended to read:

Subdivision 1. [AMOUNTS.] (a) The department shall be paid the following fees:

(1) for filing an application for and the issuance of an original certificate of title, the sum of $2;

(2) for each security interest when first noted upon a certificate of title, including the concurrent notation of any assignment thereof and its subsequent release or satisfaction, the sum of $2;

(3) for the transfer of the interest of an owner and the issuance of a new certificate of title, the sum of $2;

(4) for each assignment of a security interest when first noted on a certificate of title, unless noted concurrently with the security interest, the sum of $1;

(5) for issuing a duplicate certificate of title, the sum of $4.

(b) In addition to each of the fees required under paragraph (a), clauses (1) and (3), the department shall be paid:

(1) from July 1, 1994, to June 30, 1997, $3.50; but then

(2) after June 30, 1997, $1.

The additional fee collected under this paragraph must be deposited in the transportation services fund and credited to the state patrol motor vehicle account established in section 299D.10.

(c) In addition to amounts paid under paragraphs (a) and (b), the department shall be paid an inspection fee equal to the fee imposed under section 116.64 at the time of the transfer, for all transfers of the interest of an owner and issuance of a new certificate of title where an emissions inspection has been performed on the motor vehicle and the fee for the inspection was not collected under section 116.64, subdivision 3. Fees collected under this paragraph must be deposited in the vehicle emissions inspection account."

Page 2, line 17, delete "3" and insert "5"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 5, after the second semicolon insert "providing for emissions certification by transferors;"

Page 1, line 7, delete the second "and"

Page 1, line 8, before the period, insert "; 168A.10, by adding a subdivision; and 168A.29, subdivision 1"

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

The report was adopted.

Simoneau from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 182, A bill for an act relating to insurance; automobile; regulating medical expense benefits; authorizing reparation obligors to offer medical expense benefits through certified managed care plans; authorizing the commissioner of commerce to certify these plans; requiring appropriate premium reductions; requiring rules; amending Minnesota Statutes 1994, section 65B.49, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 65B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [65B.445] [MANAGED CARE.]

Subdivision 1. [PERMITTED ARRANGEMENT.] With the prior approval of the commissioner, a reparation obligor may contract with one or more entities to provide, through a managed care plan, the medical benefits required under section 65B.44, subdivision 2, and section 65B.49, subdivision 3a, to the reparation obligor's insureds who elect to receive those medical benefits through the managed care plan. The contract need not include coverage for all of the medical benefits required if the reparation obligor continues to reimburse the insured as required by law for any required medical benefits not provided through the managed care plan. The reparation obligor must also offer the required medical coverages other than through managed care.

Subd. 2. [MANAGED CARE PLAN; DEFINITION.] For purposes of this section, "managed care plan" means coverage provided by:

(1) a health maintenance organization in compliance with chapter 62D;

(2) a nonprofit health service plan corporation in compliance with chapter 62C;

(3) a health carrier as defined in section 62A.011, subdivision 2, using an arrangement described in section 72A.20, subdivision 15, clause (4);

(4) a preferred provider organization or network; or

(5) a plan substantially similar to a plan described in clauses (1) to (4), as determined by the commissioner.

Subd. 3. [APPLICATION.] A reparation obligor may make written application to the commissioner for approval of a contract permitted under subdivision 1. Approval is valid for the period the commissioner prescribes unless it is revoked or suspended. Application for approval must be made in the form and manner and must set forth information regarding the proposed plan for providing services as the commissioner may prescribe. A contract may be approved to provide services in a limited geographic area. The information must include, but not be limited to:

(1) a list of the names of all health care providers who will provide services under the managed care plan, together with appropriate evidence of compliance with any licensing or certification requirements for those providers to practice in this state;

(2) a description of the places and manner of providing services under the plan; and

(3) satisfactory evidence of ability to comply with any financial requirements the commissioner prescribes to ensure delivery of service according to the plan.

Subd. 4. [APPROVAL.] The commissioner shall approve a contract with a managed care plan if the commissioner finds that the plan:

(1) proposes to provide quality services, including all required medical and health care services covered by the contract in a manner that is timely, effective, and convenient for the injured person;

(2) is reasonably geographically convenient to the injured persons it serves;

(3) provides appropriate financial incentives to reduce service costs and utilization without sacrificing the quality of service;

(4) provides adequate methods of peer review, utilization review, and dispute resolution to prevent inappropriate, excessive, or not medically necessary treatment;

(5) provides a procedure for the resolution of medical disputes;

(6) provides a timely and accurate method of collecting and maintaining necessary information regarding medical and health care service cost and utilization to enable the commissioner to determine the effectiveness of the plan;

(7) authorizes necessary emergency medical treatment for an injury provided by a health care provider not a part of the managed care plan;

(8) does not discriminate against or exclude from participation in the plan any category of health care provider and includes an adequate number of each category of health care providers to give injured persons convenient geographic accessibility to all categories of providers;

(9) notwithstanding section 62M.02, subdivision 12, clause (2), managed care contracts approved under this section are subject to chapter 62M; and

(10) complies with any other requirement the commissioner determines is necessary to provide quality medical services and health care to injured persons.

Subd. 5. [REVOCATION, SUSPENSION, AND REFUSAL TO APPROVE.] The commissioner shall refuse to approve or shall revoke or suspend the approval of a contract with a managed care plan if the commissioner finds that: (1) the plan for providing medical or health care services fails to meet the requirements of this section; or (2) service under the plan is not being provided according to the terms of an approved plan.

Subd. 6. [NOTICE; LOCATION.] Prior to an insured's election of a policy endorsement under this section, the reparation obligor shall provide to the insured a notice regarding the precise consequences of electing to obtain medical expense benefits through approved managed care plans. The notice must include the names and exact locations of the managed care plan's providers. The reparation obligor shall provide to the insured an updated list of providers and locations at time of renewal. The form and content of the notice must be filed with and approved by the commissioner prior to its use.

Sec. 2. Minnesota Statutes 1994, section 65B.49, subdivision 2, is amended to read:

Subd. 2. [BASIC ECONOMIC LOSS.] Each plan of reparation security shall provide for payment of basic economic loss benefits. A reparation obligor may make available a policy endorsement that provides medical benefits under section 65B.44, subdivision 2, solely through a managed care plan under section 65B.445. In exchange for electing this policy endorsement, the insured shall receive an appropriate premium reduction. If made available, the insured may elect this policy endorsement at the time of the policy application or renewal. Once elected, this policy endorsement remains effective for as long as the policy is in effect, or until written revocation of the election by the insured is received by the reparation obligor. If the policy endorsement terminates, an appropriate adjustment in premium must be made. A reparation obligor may, at its option, make this policy endorsement available only to insureds who elect the similar policy endorsement permitted under subdivision 3a.

Sec. 3. Minnesota Statutes 1994, section 65B.49, subdivision 3a, is amended to read:

Subd. 3a. [UNINSURED AND UNDERINSURED MOTORIST COVERAGES.] (1) No plan of reparation security may be renewed, delivered or issued for delivery, or executed in this state with respect to any motor vehicle registered or principally garaged in this state unless separate uninsured and underinsured motorist coverages are provided therein. Each coverage, at a minimum, must provide limits of $25,000 because of injury to or the death of one person in any accident and $50,000 because of injury to or the death of two or more persons in any accident. In the case of injury to, or the death of, two or more persons in any accident, the amount available to any one person must not exceed the coverage limit provided for injury to, or the death of, one person in any accident.

(2) Every owner of a motor vehicle registered or principally garaged in this state shall maintain uninsured and underinsured motorist coverages as provided in this subdivision.

(3) No reparation obligor is required to provide limits of uninsured and underinsured motorist coverages in excess of the bodily injury liability limit provided by the applicable plan of reparation security.

(4) No recovery shall be permitted under the uninsured and underinsured motorist coverages of this section for basic economic loss benefits paid or payable, or which would be payable but for any applicable deductible.

(5) If at the time of the accident the injured person is occupying a motor vehicle, the limit of liability for uninsured and underinsured motorist coverages available to the injured person is the limit specified for that motor vehicle. However, if the injured person is occupying a motor vehicle of which the injured person is not an insured, the injured person may be entitled to excess insurance protection afforded by a policy in which the injured party is otherwise insured. The excess insurance protection is limited to the extent of covered damages sustained, and further is available only to the extent by which the limit of liability for like coverage applicable to any one motor vehicle listed on the automobile insurance policy of which the injured person is an insured exceeds the limit of liability of the coverage available to the injured person from the occupied motor vehicle.

If at the time of the accident the injured person is not occupying a motor vehicle or motorcycle, the injured person is entitled to select any one limit of liability for any one vehicle afforded by a policy under which the injured person is insured.

(6) Regardless of the number of policies involved, vehicles involved, persons covered, claims made, vehicles or premiums shown on the policy, or premiums paid, in no event shall the limit of liability for uninsured and underinsured motorist coverages for two or more motor vehicles be added together to determine the limit of insurance coverage available to an injured person for any one accident.

(7) The uninsured and underinsured motorist coverages required by this subdivision do not apply to bodily injury of the insured while occupying a motor vehicle owned by the insured, unless the occupied vehicle is an insured motor vehicle.

(8) The uninsured and underinsured motorist coverages required by this subdivision do not apply to bodily injury of the insured while occupying a motorcycle owned by the insured.

(9) A reparation obligor may make available a policy endorsement that provides medical benefits required to be covered under this subdivision solely through a managed care plan under section 65B.445. In exchange for electing this policy endorsement, the insured shall receive an appropriate premium reduction. If made available, the insured may elect this policy endorsement at the time of the policy application or renewal. Once elected, this policy endorsement remains in effect for so long as the policy is in effect, or until written revocation of the election by the insured is received by the reparation obligor. If the policy endorsement terminates, an appropriate adjustment in premiums must be made. A reparation obligor may, at its option, make this policy endorsement available only to insureds who elect the similar policy endorsement permitted under subdivision 2.

Sec. 4. [EFFECTIVE DATE.]

Sections 1 to 3 are effective August 1, 1995."

Delete the title and insert:

"A bill for an act relating to insurance; automobile; regulating medical benefits; authorizing reparation obligors to offer benefits through approved managed care plans; prescribing the powers and duties of the commissioner; requiring appropriate premium reductions; amending Minnesota Statutes 1994, section 65B.49, subdivisions 2 and 3a; proposing coding for new law in Minnesota Statutes, chapter 65B."

With the recommendation that when so amended the bill pass.

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 210, A bill for an act relating to drivers' licenses; prescribing fee for Minnesota identification card; amending Minnesota Statutes 1994, section 171.06, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 13, after "License" insert "or duplicate identification card"

Page 1, line 14, after "card" insert "other than duplicate"

Page 1, line 16, reinstate the stricken language and delete the new language

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.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 216, A bill for an act relating to motor vehicles; changing definition of fleet for vehicle registration purposes; amending Minnesota Statutes 1994, section 168.011, subdivision 34.

Reported the same back with the following amendments:

Page 1, line 10, delete "500" and insert "100"

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

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 280, A bill for an act relating to education; modifying requirements for school bus drivers; amending Minnesota Statutes 1994, section 171.321, subdivisions 4 and 5.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 123.805, subdivision 1, is amended to read:

Subdivision 1. [COMPREHENSIVE POLICY.] Each school district shall develop and implement a comprehensive, written policy governing pupil transportation safety. The policy shall, at minimum, contain:

(1) provisions for appropriate student bus safety training under section 123.7991;

(2) rules governing student conduct on school buses and in school bus loading and unloading areas;

(3) a statement of parent or guardian responsibilities relating to school bus safety;

(4) provisions for notifying students and parents or guardians of their responsibilities and the rules;

(5) an intradistrict system for reporting school bus accidents or misconduct, a system for dealing with local law enforcement officials in cases of criminal conduct on a school bus, and a system for reporting accidents, crimes, incidents of misconduct, and bus driver dismissals to the department of public safety under section 169.452;

(6) a discipline policy to address violations of school bus safety rules, including procedures for revoking a student's bus riding privileges in cases of serious or repeated misconduct;

(7) a system for integrating school bus misconduct records with other discipline records;

(8) a statement of bus driver duties;

(9) planned expenditures for safety activities under section 123.799 and, where applicable, provisions governing bus monitor qualifications, training, and duties;

(10) rules governing the use and maintenance of type III vehicles, drivers of type III vehicles, and the circumstances under which a student may be transported in a type III vehicle;

(11) operating rules and procedures;

(12) provisions for annual bus driver in-service training and evaluation;

(13) emergency procedures; and

(14) a system for maintaining and inspecting equipment;

(15) requirements of the school district, if any, that exceed state law minimum requirements for school bus operations; and

(16) requirements for basic first aid training, which may include the Heimlich maneuver and cardiopulmonary resuscitation procedures.

School districts are encouraged to use the current edition of the "National Standards for School Buses and Operations" published by the National Safety Council in developing safety policies. Each district shall submit a copy of its policy under this subdivision to the school bus safety advisory committee no later than August 1, 1994, and review and make appropriate amendments annually by August 1.

Sec. 2. Minnesota Statutes 1994, section 169.4502, subdivision 4, is amended to read:

Subd. 4. [COLOR.] Fenders may be painted black. The hood may be painted nonreflective black or nonreflective yellow. The grill may be manufacturer's standard color or chrome.

Sec. 3. Minnesota Statutes 1994, section 171.321, subdivision 3, is amended to read:

Subd. 3. [STUDY OF APPLICANT.] (a) Before issuing or renewing a school bus endorsement, the commissioner shall conduct a criminal and driver's license records check of the applicant. The commissioner may also conduct the check at any time while a person is so licensed. The check shall consist of a criminal records check of the state criminal records repository and a check of the driver's license records system. If the applicant has resided in Minnesota for less than five years, the check shall also include a criminal records check of information from the state law enforcement agencies in the states where the person resided during the five years before moving to Minnesota, and of the national criminal records repository including the criminal justice data communications network. The applicant's failure to cooperate with the commissioner in conducting the records check is reasonable cause to deny an application or cancel a school bus endorsement. The commissioner may not release the results of the records check to any person except the applicant.

(b) The commissioner may issue to an otherwise qualified applicant a temporary school bus endorsement, effective for no more than 120 days, upon presentation of (1) an affidavit by the applicant that the applicant has not been convicted of a disqualifying offense and (2) a criminal history check from each state of residence for the previous five years. The criminal history check may be conducted and prepared by any public or private source acceptable to the commissioner.

Sec. 4. Minnesota Statutes 1994, section 171.321, subdivision 4, is amended to read:

Subd. 4. [TRAINING.] (a) No person shall drive a class A, B, C, or D school bus when transporting school children to or from school or upon a school-related trip or activity without having demonstrated sufficient skills and knowledge to transport students in a safe and legal manner. A bus driver must have training or experience that allows the driver to meet at least the following competencies:

(1) safely operate the type of school bus the driver will be driving;

(2) understand student behavior, including issues relating to students with disabilities;

(3) ensure orderly conduct of students on the bus and handle incidents of misconduct appropriately;

(4) know and understand relevant laws, rules of the road, and local school bus safety policies;

(5) handle emergency situations; and

(6) safely load and unload students; and

(7) demonstrate proficiency in first aid and cardiopulmonary resuscitation procedures.

(b) The commissioner of public safety, in conjunction with the commissioner of education, shall develop a comprehensive model school bus driver training program and model assessments for school bus driver training competencies, which are not subject to chapter 14. A school district may use alternative assessments for bus driver training competencies with the approval of the commissioner of public safety.

Sec. 5. Minnesota Statutes 1994, section 171.321, subdivision 5, is amended to read:

Subd. 5. [ANNUAL EVALUATION.] A school district, nonpublic school, or private contractor shall evaluate each bus driver annually once every two years to assure that, at minimum, each driver continues to meet school bus driver training competencies under subdivision 4. A school district, nonpublic school, or private contractor also shall provide at least eight hours of in-service training annually biennially to each school bus driver. As part of the annual evaluation, a district, nonpublic school, or private contractor shall check the license of each person who transports students for the district with the National Drivers Register or the department of public safety. After evaluating a bus driver, a school district, nonpublic school, or private contractor shall certify annually to the commissioner of public safety that each driver has received eight hours of in-service training and has met the training competencies.

Sec. 6. Minnesota Statutes 1994, section 604A.03, is amended to read:

604A.03 [MISCELLANEOUS GOOD SAMARITAN LAWS.]

Certain persons who provide assistance at the scene of a hazardous materials response incident The following persons are not liable for damages to the extent provided in section 299A.51, subdivision 3:

(1) persons who provide assistance at the scene of a hazardous materials response incident; and

(2) school bus drivers and their employers, when a school bus driver renders first aid in the course of the driver's duties."

Delete the title and insert:

"A bill for an act relating to education; modifying requirements for school buses and school bus drivers; amending Minnesota Statutes 1994, sections 123.805, subdivision 1; 169.4502, subdivision 4; 171.321, subdivisions 3, 4, and 5; and 604A.03."

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. 331, A bill for an act relating to health; modifying provisions relating to access to patients and residents; amending Minnesota Statutes 1994, sections 144.651, subdivisions 21 and 26; and 253B.03, subdivisions 3 and 4.

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 341, A bill for an act relating to education; modifying compulsory education requirements for children under the age of seven; amending Minnesota Statutes 1994, section 120.101, subdivision 5.

Reported the same back with the following amendments:

Page 2, line 2, after the period, insert "The school district must notify a parent who enrolls a child under this paragraph of the consequences of the enrollment."

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. 387, A bill for an act relating to health; modifying provisions relating to emergency services workers; amending Minnesota Statutes 1994, section 144.804, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 4, strike "The"

Page 2, strike lines 5 to 11

With the recommendation that when so amended the bill pass.

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 395, A bill for an act relating to transportation; appropriating money on a matching basis for a road powered electric vehicle (RPEV) demonstration project, a study of RPEV applications for Minnesota transportation and transit system options, and development of an electric vehicle consortium.

Reported the same back with the following amendments:

Page 1, line 13, after "under" insert "the direction of"

Page 1, line 15, after "make" insert "preliminary"

Page 1, line 21, delete "and development"

Page 1, line 25, after the period insert "This consortium shall do an initial study of the potential for an electric vehicle plant to be located or built in Minnesota."

Page 1, line 26, delete "$1,200,000" and insert "$750,000"

Page 2, line 2, delete "$750,000" and insert "$550,000"

Page 2, delete line 3 and insert "appropriation and up to an additional $200,000 only if matched on a dollar-for-dollar basis with"

Page 2, line 4, delete "$250,000 in" and after "funding" insert "totaling $200,000,"

Page 2, line 5, before the period insert ", with at least one-half of the match being comprised of money" and after the period insert "The commissioner of transportation may retain up to five percent of the direct appropriation for costs incurred by the department's office of transit, which shall oversee the project and the RPEV applications study described in subdivision 1."

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.

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

H. F. No. 446, A bill for an act relating to occupations and professions; establishing licensure for acupuncture practitioners by the board of medical practice; authorizing rulemaking; providing penalties; amending Minnesota Statutes 1994, sections 147.091; 147.111; 147.121; 147.131; 147.141, subdivision 2; and 147.151; proposing coding for new law in Minnesota Statutes, chapter 147.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [PURPOSE.]

Acupuncture practice is recognized as a clearly defined system of health care with its own specialized body of knowledge. The knowledge and skills of the acupuncture practitioner directly affect the quality and safety of treatment received by the practitioner's client. It is therefore in the public interest to ensure that acupuncture practitioners meet the generally accepted standards of competence in the profession. The purpose of Minnesota Statutes, chapter 147B, is to limit the practice of acupuncture to persons who meet those standards of competence.

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

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

Subd. 2. [ACUPRESSURE.] "Acupressure" means the application of pressure to acupuncture points.

Subd. 3. [ACUPUNCTURE PRACTICE.] "Acupuncture practice" means a comprehensive system of health care using Oriental medical theory and its unique methods of diagnosis and treatment. Its treatment techniques include the insertion of acupuncture needles through the skin and the use of other biophysical methods of acupuncture point stimulation, including the use of heat, Oriental massage techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines, breathing techniques, and exercise based on Oriental medical principles.

Subd. 4. [ACUPUNCTURE NEEDLE.] "Acupuncture needle" means a needle designed exclusively for acupuncture purposes. It has a solid core, with a tapered point, and is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or other board-approved materials as long as the materials can be sterilized according to recommendations of the National Centers for Disease Control and Prevention.

Subd. 5. [ACUPUNCTURE POINTS.] "Acupuncture points" means specific anatomically described locations as defined by the recognized acupuncture reference texts. These texts are listed in the study guide to the examination for the NCCA certification exam.

Subd. 6. [ACUPUNCTURE PRACTITIONER.] "Acupuncture practitioner" means a person licensed to practice acupuncture under this chapter.

Subd. 7. [BOARD.] "Board" means the board of medical practice or its designee.

Subd. 8. [BLOOD BORNE DISEASE.] "Blood borne disease" means a disease that is spread through exposure to blood, inoculation or injection of blood, or exposure to blood-contaminated body fluids or tissues. Blood borne disease includes infection caused by such agents as human immunodeficiency virus (HIV) and hepatitis B virus (HBV).

Subd. 9. [BREATHING TECHNIQUES.] "Breathing techniques" means Oriental breathing exercises taught to a patient as part of a treatment plan.

Subd. 10. [CUPPING.] "Cupping" means a therapy in which a jar-shaped instrument is attached to the skin and negative pressure is created by using suction.

Subd. 11. [DERMAL FRICTION.] "Dermal friction" means rubbing on the surface of the skin, using topical ointments with a smooth-surfaced instrument without a cutting edge that can be sterilized or, if disposable, a one-time only use product.

Subd. 12. [DIPLOMATE IN ACUPUNCTURE.] "Diplomate in acupuncture" means a person who is certified by the NCCA as having met the standards of competence established by the NCCA, who subscribes to the NCCA code of ethics, and who has a current and active NCCA certificate. Current and active NCCA certification indicates successful completion of continued professional development and previous satisfaction of NCCA requirements.

Subd. 13. [ELECTRICAL STIMULATION.] "Electrical stimulation" means a method of stimulating acupuncture points by an electrical current of .001 to 100 milliamps, or other current as approved by the board. Electrical stimulation may be used by attachment of a device to an acupuncture needle or may be used transcutaneously without penetrating the skin.

Subd. 14. [HERBAL THERAPIES.] "Herbal therapies" are the use of herbs and patent herbal remedies as supplements as part of the treatment plan of the patient.

Subd. 15. [INFECTION CONTROL.] "Infection control" means programs, procedures, and methods to reduce the transmission of agents of infection for the purpose of preventing or decreasing the incidence of infectious diseases.

Subd. 16. [NCCA.] "NCCA" means the National Commission for the Certification of Acupuncturists, a not-for-profit corporation organized under section 501(c)(4) of the Internal Revenue Code.

Subd. 17. [NEEDLE SICKNESS.] "Needle sickness" is a temporary state of nausea and dizziness that is a potential side effect to needle insertion and from which full recovery occurs when the needles are removed.

Subd. 18. [ORIENTAL MEDICINE.] "Oriental medicine" means a system of healing arts that perceives the circulation and balance of energy in the body as being fundamental to the well-being of the individual. It implements the theory through specialized methods of analyzing the energy status of the body and treating the body with acupuncture and other related modalities for the purpose of strengthening the body, improving energy balance, maintaining or restoring health, improving physiological function, and reducing pain.

Sec. 3. [147B.02] [LICENSURE.]

Subdivision 1. [LICENSURE REQUIRED.] Except as provided under subdivision 2, it is unlawful for any person to engage in the practice of acupuncture without a valid license. Each licensed acupuncture practitioner shall conspicuously display the license in the place of practice.

Subd. 2. [DESIGNATION.] A person licensed under this chapter shall use the title of licensed acupuncturist or L.Ac. following the person's name in all forms of advertising, professional literature, and billings. A person may not, in the conduct of an occupation or profession pertaining to the practice of acupuncture or in connection with the person's name, use the words or letters licensed acupuncturist, Minnesota licensed acupuncturist, or any other words, letters, abbreviations, or insignia indicating or implying that a person is an acupuncturist without a license issued under this section. A student attending an acupuncture training program must be identified as a student acupuncturist.

Subd. 3. [PENALTY.] A person who violates this section is guilty of a misdemeanor and subject to discipline under section 147.091.

Subd. 4. [EXCEPTIONS.] The following persons may practice acupuncture within the scope of their practice without an acupuncture license:

(1) a physician licensed under this chapter;

(2) an osteopath licensed under this chapter;

(3) a chiropractor licensed under chapter 148;

(4) a person who is studying in a formal course of study or tutorial intern program approved by the acupuncture advisory council established in section 147B.04 so long as the person's acupuncture practice is supervised by a licensed acupuncturist;

(5) a visiting acupuncturist practicing acupuncture within an instructional setting for the sole purpose of teaching at a school registered with the Minnesota higher education coordinating board, who may practice without a license for a period of one year, with two one-year extensions permitted; and

(6) a visiting acupuncturist who is in the state for the sole purpose of providing a tutorial or workshop not to exceed 30 days in one calendar year.

Subd. 5. [LICENSURE REQUIRED.] After June 30, 1997, a person practicing acupuncture must have current licensure as a Diplomate in Acupuncture by the NCCA or licensure under subdivision 6.

Subd. 6. [LICENSURE BY EQUIVALENCY DURING TRANSITIONAL PERIOD.] (a) From July 1, 1995, to June 30, 1997, a person may qualify for licensure if the person has engaged in acupuncture practice for at least three years in the period from July 1, 1991, to June 30, 1995, with at least 500 patient visits in each of the three years with at least 100 different patients. Acupuncture practice must be the primary means of treatment, not an adjunctive therapy. The person must also provide documentation of successful completion of a clean needle technique course approved by the acupuncture advisory board and provide documentation of practice through at least four of the following methods:

(1) original notarized letters from employers specifying the dates and hours worked, nature of the practice, and number of visits;

(2) notarized affidavits from a minimum of 20 patients with current phone numbers and addresses for each, specifying the time period of treatment and the nature of the treatment;

(3) notarized affidavits from at least two other health care professionals, state or local acupuncture or Oriental medicine associations, schools or colleges, with testimony based on personal knowledge regarding the dates, volume, scope, and type of practice;

(4) notarized affidavits from at least two other members within the community with testimony based on personal knowledge regarding the dates, volume, scope, and type of practice; and

(5) notarized copies of patient records. The person must also meet any other requirements established by the board.

(b) All documentation submitted in a foreign language must be accompanied by an accurate translation in English. Each translated document must bear the affidavit of the translator certifying that the translator is competent in both the language of the document and in the English language and that the translation is true and a complete translation of the foreign language original and must be sworn before a notary public. Translation of any document relative to a person's application is at the expense of the applicant.

(c) Application for licensure under this subdivision must be submitted to the board from July 1, 1995, to June 30, 1997. All of the required patient visits must have been completed before application for licensure.

Subd. 7. [LICENSE BY RECIPROCITY.] The board shall issue an acupuncture license to a person who holds a current license or certificate as an acupuncturist from another jurisdiction if the board determines that the standards for certification or licensure in the other jurisdiction meet or exceed the requirements for licensure in Minnesota and a letter is received from that jurisdiction that the acupuncturist is in good standing in that jurisdiction.

Subd. 8. [LICENSURE REQUIREMENTS.] (a) After June 30, 1997, an applicant for licensure must:

(1) submit a completed application for licensure on forms provided by the board, which must include the applicant's name, address of record, which shall be public, and a notarized copy of a current NCCA certification;

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

(3) submit with the application all fees required; and

(4) sign a waiver authorizing the board to obtain access to the applicant's records in this state or any state in which the applicant has engaged in the practice of acupuncture.

(b) The board may ask the applicant to provide any additional information necessary to ensure that the applicant is able to practice with reasonable skill and safety to the public.

(c) The board may investigate information provided by an applicant to whether the information is accurate and complete. The board shall notify an applicant of action taken on the application and the reasons for denying licensure if licensure is denied.

Subd. 9. [LICENSURE EXPIRATION.] Licenses issued under this section expire annually or as determined by the board.

Subd. 10. [RENEWAL] (a) To renew a license an applicant must:

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

(2) submit the renewal fee;

(3) provide evidence annually of one hour of continuing education in the subject of infection control, including blood borne pathogen diseases;

(4) provide documentation of current and active NCCA certification; and

(5) if licensed under subdivision 6, meet one-half the then current NCCA professional development activity requirements.

(b) Continuing education which meets the professional development activity requirement includes, but is not limited to, the topics of Oriental medical theory and techniques including Oriental massage, Oriental nutrition, Oriental herbology and diet therapy, Oriental exercise, western sciences such as anatomy, physiology, biochemistry, microbiology, psychology, nutrition, history of medicine, and medical terminology or coding. Practice management courses are excluded under this section.

(c) The board shall approve a continuing education program if the program meets the following requirements:

(1) it directly relates to the practice of acupuncture;

(2) each member of the faculty shows expertise in the subject matter by holding a degree or certificate from an educational institution, has verifiable experience in traditional Oriental medicine, or has special training in the subject area;

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

(4) there are specific written objectives describing the goals of the program for the participants;

(5) the program sponsor maintains attendance records for four years; and

(6) if the applicant is licensed under subdivision 6, meets one-half the criteria of professional development activity points system required by the NCCA, as determined by the board.

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

(e) The board shall periodically select a random sample of acupuncturists and require the acupuncturist to show evidence of having completed professional development activities. Either the acupuncturist, the state, or national organization that maintains continuing education records may provide the board documentation of the continuing education program.

Subd. 11. [LICENSURE RENEWAL NOTICE.] At least 30 days before the license renewal date, the board shall send out a renewal notice to the last known address of the licensee. The notice must include a renewal application and a notice of fees required for renewal. If the licensee does not receive a renewal notice, the licensee must still meet the requirements for registration renewal under this section.

Subd. 12. [RENEWAL DEADLINE.] The renewal application and fee must be postmarked on or before June 30 of the year of renewal or as determined by the board.

Subd. 13. [INACTIVE STATUS.] (a) A license may be placed in inactive status upon application to the board and upon payment of an inactive status fee. The board may not renew or restore a license that has lapsed and has not been renewed within two annual license renewal cycles.

(b) An inactive license may be reactivated by the license holder upon application to the board. A licensee whose license is canceled for nonrenewal must obtain a new license by applying for licensure and fulfilling all the requirements then in existence for the initial license to practice acupuncture in the state of Minnesota. The application must include:

(1) evidence of current and active NCCA certification;

(2) evidence of the certificate holder's payment of an inactive status fee;

(3) an annual fee; and

(4) all back fees since previous renewal.

(c) A person licensed under subdivision 6 who has allowed the license to reach inactive status must become NCCA certified.

Sec. 4. [147B.03] [BOARD ACTION ON APPLICATIONS.]

Subdivision 1. [VERIFICATION OF APPLICATION INFORMATION.] The board or acupuncture advisory council established under section 147B.04, with the approval of the board, may verify information provided by an application for licensure under section 147B.02 to determine if the information is accurate and complete.

Subd. 2. [NOTIFICATION OF BOARD ACTION.] Within 120 days of receipt of the application, the board shall notify each applicant in writing of the action taken on the application.

Subd. 3. [REQUEST FOR HEARING BY APPLICANT DENIED.] An applicant denied licensure must be notified of the determination, and the grounds for it, and may request a hearing on the determination by filing a written statement of issues with the board within 20 days after receipt of the notice from the board. After the hearing, the board shall notify the applicant in writing of its decision.

Sec. 5. [147B.04] [ACUPUNCTURE ADVISORY COUNCIL.]

Subdivision 1. [CREATION.] The advisory council to the board of medical practice for acupuncture consists of five members appointed by the board to three-year terms. Three members must be licensed acupuncture practitioners, one member must be a licensed physician or osteopath who also practices acupuncture, and one member must be a member of the public who has received acupuncture treatment as a primary therapy from a NCCA certified acupuncturist.

Subd. 2. [ADMINISTRATION; COMPENSATION; REMOVAL; QUORUM.] The advisory council is governed by section 15.059, except that the council does not expire.

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

(1) advise the board on issuance, denial, renewal, suspension, revocation, conditioning, or restricting of licenses to practice acupuncture;

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

(3) maintain a register of acupuncture practitioners licensed under section 147B.02;

(4) maintain a record of all advisory council actions;

(5) prescribe registration application forms, license forms, protocol forms, and other necessary forms;

(6) review the patient visit records submitted by applicants during the transition period;

(7) advise the board regarding standards for acupuncturists;

(8) distribute information regarding acupuncture practice standards;

(9) review complaints;

(10) advise the board regarding continuing education programs;

(11) review the investigation of reports of complaints and recommend to the board whether disciplinary action should be taken; and

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

Sec. 6. [147B.05] [PROFESSIONAL CONDUCT.]

Subdivision 1. [PRACTICE STANDARDS.] (a) Before treatment of a patient, an acupuncture practitioner shall ask whether the patient has been examined by a licensed physician or other professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness or injury, and shall review the diagnosis as reported.

(b) The practitioner shall obtain informed consent from the patient, after advising the patient of the following information which must be supplied to the patient in writing before or at the time of the initial visit:

(1) the practitioner's qualifications including:

(i) education;

(ii) license information; and

(iii) outline of the scope of practice of acupuncturists in Minnesota; and

(2) side effects which may include the following:

(i) some pain in the treatment area;

(ii) minor bruising;

(iii) infection;

(iv) needle sickness; or

(v) broken needles.

(c) The practitioner shall obtain acknowledgment by the patient in writing that the patient has been advised to consult with the patient's primary care physician about the acupuncture treatment if the patient circumstances warrant or the patient chooses to do so and whether the patient has a pacemaker or bleeding disorder.

Subd. 2. [STERILIZED EQUIPMENT.] An acupuncture practitioner shall use sterilized equipment that has been sterilized under standards of the National Centers for Disease Control and Prevention.

Subd. 3. [STATE AND MUNICIPAL PUBLIC HEALTH REGULATIONS.] An acupuncture practitioner shall comply with all applicable state and municipal requirements regarding public health.

Subd. 4. [SCOPE OF PRACTICE.] The scope of practice of acupuncture includes, but is not limited to, the following:

(1) using Oriental medical theory to assess and diagnose a patient;

(2) using Oriental medical theory to develop a plan to treat a patient. The treatment techniques that may be chosen include:

(i) insertion of sterile acupuncture needles through the skin;

(ii) acupuncture stimulation including, but not limited to, electrical stimulation or the application of heat;

(iii) cupping;

(iv) dermal friction;

(v) acupressure;

(vi) herbal therapies;

(vii) dietary counseling based on traditional Chinese medical principles;

(viii) breathing techniques; or

(ix) exercise according to Oriental medical principles.

Subd. 5. [PATIENT RECORDS.] An acupuncturist shall maintain a patient record for each patient treated, including:

(1) a copy of the informed consent;

(2) evidence of a patient interview concerning the patient's medical history and current physical condition;

(3) evidence of a traditional acupuncture examination and diagnosis;

(4) record of the treatment including points treated; and

(5) evidence of evaluation and instructions given to the patient.

Subd. 6. [REFERRAL TO OTHER HEALTH CARE PRACTITIONERS.] Referral to other health care practitioners is required when an acupuncturist practitioner sees patients with potentially serious disorders including, but not limited to:

(1) cardiac conditions including uncontrolled hypertension;

(2) acute, severe abdominal pain;

(3) acute, undiagnosed neurological changes;

(4) unexplained weight loss or gain in excess of 15 percent of the body weight in less than a three-month period;

(5) suspected fracture or dislocation;

(6) suspected systemic infections;

(7) any serious undiagnosed hemorrhagic disorder; and

(8) acute respiratory distress without previous history.

The acupuncturist shall request a consultation or written diagnosis from a licensed physician for patients with potentially serious disorders.

Subd. 7. [DATA PRACTICES.] Data maintained on an acupuncture patient by an acupuncture practitioner is subject to section 144.336.

Sec. 7. [147B.06] [DISCIPLINE; REPORTING.]

For purposes of this chapter, acupuncturist licensees and applicants are subject to the provisions of sections 147.091 to 147.162.

Sec. 8. [147B.07] [FEES.]

Subdivision 1. [ANNUAL REGISTRATION FEE.] The board shall establish the fee of $150 for initial licensure and $150 annual licensure renewal. The board may prorate the initial licensure fee.

Subd. 2. [PENALTY FEE FOR LATE RENEWALS.] The penalty fee for late submission for renewal application is $50.

Sec. 9. [147B.08] [RULES.]

The board may adopt rules under chapter 14 to establish additional criteria for licensure or discipline of acupuncturists consistent with the standards of the NCCA or other board approved relevant practice standards.

Sec. 10. [INITIAL ADVISORY COUNCIL.]

(a) Notwithstanding Minnesota Statutes, section 147B.04, the four members of the advisory council required by that section to be acupuncture practitioners, who are appointed to the initial advisory committee, need not be licensed under Minnesota Statutes, section 147B.02, but must satisfy the qualifications for licensure provided in section 147B.02, subdivision 6, and must have been engaged in acupuncture practice a minimum of three years.

(b) One member of the initial advisory committee appointed must have an initial term of one year, two members an initial term of two years, and two members an initial term of three years.

Sec. 11. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to occupations and professions; establishing licensure for acupuncture practitioners by the board of medical practice; authorizing rulemaking; providing penalties; proposing coding for new law as Minnesota Statutes, chapter 147B."

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

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

H. F. No. 464, A bill for an act relating to motor vehicles; limiting license plate impoundment provisions to self-propelled motor vehicles; amending Minnesota Statutes 1994, sections 168.041, subdivisions 1, 2, and 3; and 168.042, subdivisions 2, 3, 5, 13, and 14.

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

The report was adopted.

Rest from the Committee on Taxes to which was referred:

H. F. No. 567, A bill for an act relating to data practices; providing for disclosure of certain hospital and health care provider tax data to the commissioner of human services and the United States Department of Health and Human Services; amending Minnesota Statutes 1994, section 270B.14, subdivision 1.

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

The report was adopted.

Tunheim from the Committee on Transportation and Transit to which was referred:

S. F. No. 33, A bill for an act relating to drivers' licenses; permitting certain licensees to wear headwear in driver's license and Minnesota identification card photographs; amending Minnesota Statutes 1994, section 171.071.

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

The report was adopted.

H. F. Nos. 182, 216, 280, 331, 341, 387 and 464 were read for the second time.

S. F. No. 33 was read for the second time.

The following House Files were introduced:

Bertram introduced:

H. F. No. 720, A bill for an act relating to alcoholic beverages; eliminating the requirement that retail licensees furnish proof of financial responsibility; amending Minnesota Statutes 1994, sections 62I.02, subdivision 4; 340A.404, subdivision 10; and 340A.405, subdivision 4; repealing Minnesota Statutes 1994, sections 340A.409; and 340A.603.

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

Peterson; Johnson, V.; Holsten and Davids introduced:

H. F. No. 721, A bill for an act relating to game and fish; authorizing a season on mourning doves in a designated area; requiring mourning dove stamps and setting a fee for them; requiring a report to the legislature on the experimental season; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 1994, section 97B.731, subdivision 2.

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

Mariani introduced:

H. F. No. 722, A bill for an act relating to employment; modifying provisions relating to community action agencies; amending Minnesota Statutes 1994, sections 268.52, subdivisions 1 and 2; 268.53, subdivisions 1a and 2; and 268.54, subdivision 2.

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

Bakk; Rukavina; Anderson, I.; Perlt and Munger introduced:

H. F. No. 723, A bill for an act relating to game and fish; establishing a special license for youthful deer hunters; extending authority to take does; increasing the pelting fee; eliminating the family hunting license; amending Minnesota Statutes 1994, sections 97A.475, subdivision 2; 97A.535, subdivision 1; 97B.301, subdivision 6; and 97B.311; and Minnesota Rules, part 6234.2800; repealing Minnesota Statutes 1994, section 97B.301, subdivision 5.

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

Kelley, Luther, Vickerman, Mulder and Greenfield introduced:

H. F. No. 724, A bill for an act relating to occupations and professions; exempting certain social workers from requirement to obtain home care provider license; exempting some social workers employed in a hospital or nursing home from examination; modifying licensure requirements; requiring hospital and nursing home social workers to be licensed; amending Minnesota Statutes 1994, sections 144A.46, subdivision 2; 148B.23, subdivisions 1 and 2; 148B.27, subdivision 2, and by adding a subdivision; and 148B.60, subdivision 3; repealing Minnesota Statutes 1994, sections 148B.23, subdivision 1a; and 148B.28, subdivision 6.

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

Harder, Schumacher and Swenson, H., introduced:

H. F. No. 725, A bill for an act relating to agriculture; clarifying certain references in the grain weighing, sampling, and analysis law; amending Minnesota Statutes 1994, section 17B.03, subdivision 1.

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

McElroy; Clark; Olson, M., and Mahon introduced:

H. F. No. 726, A bill for an act relating to housing; clarifying provisions relating to retaliatory conduct and manufactured home parks; amending Minnesota Statutes 1994, section 327C.12.

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

Wejcman, Clark, Greenfield and Kelley introduced:

H. F. No. 727, A bill for an act relating to human services; providing supplementary rates for certain group residential housing; amending Minnesota Statutes 1994, section 256I.05, by adding a subdivision.

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

McGuire, Van Engen, Wejcman and Swenson, D., introduced:

H. F. No. 728, A bill for an act relating to recreational vehicles; driving while intoxicated; providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for designated, DWI-related offenses; extending vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles; amending Minnesota Statutes 1994, sections 84.83, subdivision 2; and 169.1217, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 84; and 86B.

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

Frerichs and Tunheim introduced:

H. F. No. 729, A bill for an act relating to appropriations; appropriating money for a feasibility study of high-speed rail service in Minnesota, Wisconsin, and Illinois.

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

Winter, Rukavina, Milbert and Krinkie introduced:

H. F. No. 730, A bill for an act relating to taxation; eliminating the requirement for accelerated payment of certain cigarette taxes; extending the time for offsetting overages on cigarette tax returns; amending Minnesota Statutes 1994, sections 297.07, subdivisions 1 and 5; and 297.23, subdivision 4; repealing Minnesota Statutes 1994, section 297.07, subdivision 4.

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

Bakk, Rukavina, Solberg and Tomassoni introduced:

H. F. No. 731, A bill for an act relating to natural resources; confidentiality of mineral resources data; amending Minnesota Statutes 1994, section 13.793.

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

Pugh, Perlt, Sarna, Entenza and Tomassoni introduced:

H. F. No. 732, A bill for an act relating to commerce; regulating the enforcement of copyright licenses on certain nondramatic musical works and similar works; requiring certain notices; prohibiting certain practices; providing remedies; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Bakk, Rukavina and Leighton introduced:

H. F. No. 733, A bill for an act relating to employment; modifying provisions relating to high pressure piping installation; providing penalties; amending Minnesota Statutes 1994, sections 326.48, subdivisions 1, 2, 3, 4, and 5; 326.50; 326.51; and 326.52.

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

Entenza and Johnson, A., introduced:

H. F. No. 734, A bill for an act relating to education; continuing funding for a free breakfast program; appropriating money.

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

Entenza, McGuire, Rhodes, Seagren and Orenstein introduced:

H. F. No. 735, A bill for an act relating to crime prevention; providing an exception to the prohibition on concealing identity; amending Minnesota Statutes 1994, section 609.735.

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

Schumacher, Opatz, Knoblach, Dawkins and Bertram introduced:

H. F. No. 736, A bill for an act relating to housing; regulating the use of federal tax exempt revenue bonds; amending Minnesota Statutes 1994, sections 474A.03, subdivisions 1 and 2a; and 474A.04, subdivision 6.

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

Tunheim and Finseth introduced:

H. F. No. 737, A bill for an act relating to agriculture; appropriating money for removal of dead farm animals in certain counties.

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

Peterson, Carlson, Tomassoni and Kelso introduced:

H. F. No. 738, A bill for an act relating to education; authorizing independent school district No. 129, Montevideo, to levy for the unreimbursed costs of an adult farm management program.

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

Johnson, R., introduced:

H. F. No. 739, A bill for an act relating to workers' compensation; making changes of a technical and housekeeping nature; modifying provisions relating to compensation and procedures; modifying provisions relating to the special compensation fund; providing penalties; amending Minnesota Statutes 1994, sections 13.69, subdivision 1; 79.074, subdivision 2; 176.011, subdivision 16; 176.081, subdivision 1; 176.101, subdivisions 3a and 3i; 176.102, subdivision 11; 176.103, subdivisions 2 and 3; 176.104, subdivision 1; 176.106, subdivision 7; 176.129, subdivision 9; 176.1351, subdivisions 1 and 5; 176.136, subdivisions 1a, 1b, and 2; 176.138; 176.178; 176.181, subdivision 8; 176.183, subdivisions 1 and 2; 176.185, subdivision 1; 176.191, subdivision 1; 176.215, by adding a subdivision; 176.238, subdivision 6; 176.261; 176.2615, subdivision 7; 176.275, subdivision 1; 176.281; 176.285; 176.291; 176.305, subdivision 1a; 176.645; and 176.83, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 176; repealing Minnesota Statutes 1994, sections 176.103, subdivision 2a; and 176.191, subdivision 2.

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

Luther; Carruthers; Johnson, A.; Lindner and Haas introduced:

H. F. No. 740, A bill for an act relating to education; allowing independent school district No. 279, Osseo, to levy a tax to provide instructional services to at-risk children; providing for a low-income concentration grant program; appropriating money; amending Laws 1994, chapter 647, article 8, section 41.

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

Luther; Carruthers; Johnson, A.; Lindner and Haas introduced:

H. F. No. 741, A bill for an act relating to education; providing for a low-income concentration aid program; allowing independent school district No. 279, Osseo to levy a tax to provide instructional services for at-risk children; amending Minnesota Statutes 1994, section 124A.032; Laws 1994, chapter 647, article 8, section 41; proposing coding for new law in Minnesota Statutes, chapter 124A.

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

Luther, Carruthers, Lindner and Haas introduced:

H. F. No. 742, A bill for an act relating to education; allowing independent school district No. 279, Osseo, to levy a tax to provide instructional services for at-risk children.

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

Solberg and Anderson, I., introduced:

H. F. No. 743, A bill for an act relating to health; modifying provisions relating to nursing home swing beds; amending Minnesota Statutes 1994, section 144.562, subdivisions 2 and 4.

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

Tomassoni and Rukavina introduced:

H. F. No. 744, A bill for an act relating to health; modifying provisions relating to nursing home administrators; amending Minnesota Statutes 1994, section 144A.04, subdivision 5.

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

Bakk; Rukavina; Anderson, I.; Murphy and Finseth introduced:

H. F. No. 745, A bill for an act relating to game and fish; allowing the baiting of deer during archery season under certain conditions; proposing coding for new law in Minnesota Statutes, chapter 97B.

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

Jefferson; Johnson, R.; Simoneau; Smith and Lourey introduced:

H. F. No. 746, A bill for an act relating to insurance; property and casualty; regulating peace officer state aid; requiring domestic mutuals to file a certain premium report; amending Minnesota Statutes 1994, section 69.021, subdivision 2.

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

Paulsen, Davids and Simoneau introduced:

H. F. No. 747, A bill for an act relating to insurance; solvency; regulating disclosures, reinsurance, capital stock, managing general agents, and contracts issued on a variable basis; amending Minnesota Statutes 1994, sections 60A.03, subdivision 9; 60A.07, subdivision 10; 60A.09, subdivision 5; 60A.093, subdivision 2; 60A.705, subdivision 8; 60A.75; 60H.02, subdivision 4; 60H.05, subdivision 1; 60H.08; 61A.19; 67A.231; proposing coding for new law in Minnesota Statutes, chapter 60A.

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

Johnson, R., introduced:

H. F. No. 748, A bill for an act relating to workers' compensation; modifying provisions relating to the fraud investigation unit; amending Minnesota Statutes 1994, sections 13.82, subdivision 1; 168.012, subdivision 1; 175.16; 299C.46, subdivision 2; 626.05, subdivision 2; 626.11; 626.13; and 626.84, subdivision 1; repealing Minnesota Statutes 1994, section 176.86.

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

Trimble, Garcia, Clark, Harder and Kinkel introduced:

H. F. No. 749, A bill for an act relating to housing; modifying eligibility for transitional housing services; amending Minnesota Statutes 1994, section 268.38, subdivision 2.

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

Hasskamp; Wenzel; Schumacher; Anderson, B., and Koppendrayer introduced:

H. F. No. 750, A bill for an act relating to highways; designating the POW/MIA 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.

Davids and Tomassoni introduced:

H. F. No. 751, A bill for an act relating to insurance; regulating trade practices; prohibiting certain insurance agent quotas; amending Minnesota Statutes 1994, section 72A.20, by adding a subdivision.

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

Pugh; Macklin; Dauner; Johnson, V., and Brown introduced:

H. F. No. 752, A bill for an act relating to estates; providing for investment of certain estate assets at the direction of the court; amending Minnesota Statutes 1994, section 524.3-914.

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

Jacobs, Sarna and Bertram introduced:

H. F. No. 753, A bill for an act relating to taxation; removing the additional excise tax upon sales of intoxicating and malt liquor; repealing Minnesota Statutes 1994, section 297A.02, subdivision 3.

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

Rest introduced:

H. F. No. 754, A bill for an act relating to insurance; regulating the use of genetic testing and genetic characteristics by insurers; amending Minnesota Statutes 1994, section 8.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 72A.

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

Johnson, R., introduced:

H. F. No. 755, A bill for an act relating to taxation; changing the gross premiums tax rate imposed on certain insurance companies; amending Minnesota Statutes 1994, section 60A.15, subdivision 1.

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

Workman, Commers, Tunheim, Molnau and Finseth introduced:

H. F. No. 756, A bill for an act relating to motor vehicles; consumer protection; applying odometer disclosure laws to motor vehicles, regardless of age; making technical changes; amending Minnesota Statutes 1994, section 325E.15; repealing Minnesota Rules 1993, part 7402.0500, item (c).

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

Cooper, Tomassoni and Weaver introduced:

H. F. No. 757, A bill for an act relating to health; establishing a state board of physical therapy; providing licensing requirements for physical therapists; appropriating money; amending Minnesota Statutes 1994, sections 144A.46, subdivision 2; 148.66; 148.67; 148.70; 148.705; 148.71; 148.72, subdivisions 1, 2, and 4; 148.73; 148.74; 148.75; 148.76; 148.78; and 214.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 148.

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

Jefferson introduced:

H. F. No. 758, A bill for an act relating to elections; requiring eligible voters to sign the polling place roster on election day; imposing a fine; proposing coding for new law in Minnesota Statutes, chapter 204C.

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

Onnen introduced:

H. F. No. 759, A bill for an act relating to health; requiring providers to adopt provider-specific uniform billing rates; proposing coding for new law in Minnesota Statutes, chapter 62Q.

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

Jefferson introduced:

H. F. No. 760, A bill for an act relating to elections; providing that elections be held in a consecutive two-day period; amending Minnesota Statutes 1994, sections 200.02, subdivision 2, and by adding a subdivision; 204D.03; 205.065, subdivision 1; 205.07, subdivision 1; 205.075; 205A.03, subdivision 2; 205A.04, subdivision 1; and 207A.01.

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

McGuire, Greiling and Long introduced:

H. F. No. 761, A bill for an act relating to counties; providing for the filling by appointment of certain offices in counties previously elective; providing for conforming changes; amending Minnesota Statutes 1994, sections 375A.10, subdivision 2; and 375A.12, subdivision 2.

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

Erhardt; Osthoff; Johnson, V.; Rukavina and Rostberg introduced:

H. F. No. 762, A bill for an act relating to veterans affairs; creating a Korean war veterans' memorial on the capitol mall; appropriating money.

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

Farrell introduced:

H. F. No. 763, A bill for an act relating to the city of Saint Paul; exempting certain tax increment financing districts from certain aid offsets.

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

Davids introduced:

H. F. No. 764, A bill for an act relating to health; increasing the maximum number of Medicare swing beds; amending Minnesota Statutes 1994, section 144.562, subdivision 2.

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

Delmont; Bradley; Anderson, R.; Boudreau and Haas introduced:

H. F. No. 765, A bill for an act relating to employment; changing references to visually handicapped people; making changes of a technical and housekeeping nature; amending Minnesota Statutes 1994, sections 248.011; 248.07, subdivisions 1, 2, 3, 4, 5, 13, 14a, and 16; 248.10; 248.11; 268A.02, subdivision 2; 268A.03; and 268A.11, subdivisions 1 and 3; repealing Minnesota Statutes 1994, section 268A.12.

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

Ness, Trimble and Koppendrayer introduced:

H. F. No. 766, A bill for an act relating to capital improvements; changing the bonding authority amount for the public facilities authority; amending Minnesota Statutes 1994, section 446A.12, subdivision 1.

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

Clark, Greenfield, Seagren and McElroy introduced:

H. F. No. 767, A bill for an act relating to housing; changing age limitations under the family homeless prevention and assistance program; modifying the rental housing program; correcting references to municipal housing plan reporting requirements; amending Minnesota Statutes 1994, sections 462A.204, subdivision 1; 462A.205, subdivision 4; 462A.21, by adding a subdivision; and 469.0171; proposing coding for new law in Minnesota Statutes, chapter 462A; repealing Minnesota Statutes 1994, section 462A.21, subdivision 8c.

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

Delmont, McGuire, Entenza and Bishop introduced:

H. F. No. 768, A bill for an act relating to evidentiary privilege; providing a privilege for public safety peer counseling debriefing that makes any information or opinion stated at the debriefing confidential; providing for recovery of damages in case of breach of the peer counseling privilege; providing municipal tort liability when municipal employees involved in public safety peer counseling debriefings breach the evidentiary privilege; amending Minnesota Statutes 1994, section 595.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 595.

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

Vickerman, Harder, Hugoson, Cooper and Otremba introduced:

H. F. No. 769, A bill for an act relating to agriculture; changing limits of the livestock expansion loan program; providing restrictions on demonstration programs; amending Minnesota Statutes 1994, section 41B.045, subdivision 2.

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

Hugoson introduced:

H. F. No. 770, A bill for an act relating to agriculture; repealing the interstate compact on agricultural grain marketing; repealing Minnesota Statutes 1994, sections 236A.01 and 236A.02.

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

Farrell; Murphy; Swenson, D.; Rhodes and Skoglund introduced:

H. F. No. 771, A bill for an act relating to crime prevention; clarifying the scope of the witness and victim protection fund; appropriating money; amending Minnesota Statutes 1994, section 299C.065, subdivision 1a.

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

Farrell; Murphy; Swenson, D.; Rhodes and Skoglund introduced:

H. F. No. 772, A bill for an act relating to crime prevention; classifying name changes of protected witnesses as private data; expanding the crime of witness tampering; amending Minnesota Statutes 1994, sections 259.10; and 609.498, subdivision 1.

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

Farrell; Murphy; Swenson, D.; Rhodes and Skoglund introduced:

H. F. No. 773, A bill for an act relating to crime prevention; creating a fund to be used by local law enforcement agencies for the purpose of meeting certain emergency needs of crime victims; providing for administration of the fund by the crime victims reparations board; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 611A.

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

Marko, Garcia, Mariani, Leighton and Long introduced:

H. F. No. 774, A bill for an act relating to health; giving the commissioner of administration authority to negotiate contract prices for all prescription drugs sold in Minnesota; allowing correction orders to be issued; establishing a statewide drug formulary; requiring a pharmacy to post a sign on generic substitution; amending Minnesota Statutes 1994, sections 151.21, subdivisions 2, 3, and by adding a subdivision; and 256B.0625, subdivision 13; proposing coding for new law in Minnesota Statutes, chapters 16B; and 256.

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

Carruthers, Orenstein, Jefferson and McCollum introduced:

H. F. No. 775, A bill for an act relating to the legislature; requiring certain committee planning; requiring the adoption of budget targets; setting limits for certain meetings of the legislature; proposing an amendment to the Minnesota Constitution, article IV, section 12; proposing coding for new law in Minnesota Statutes, chapter 3.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Dawkins; Swenson, D., and Skoglund introduced:

H. F. No. 776, A bill for an act relating to crime victim rights; permitting certain neighborhood groups to request notification under the crime victim bill of rights regarding certain crimes committed in the neighborhood; proposing coding for new law in Minnesota Statutes, chapter 611A.

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

Winter, Girard and Rest introduced:

H. F. No. 777, A bill for an act relating to taxation; providing for the taxation of wind energy conversion systems; amending Minnesota Statutes 1994, sections 272.02, subdivision 1; and 273.37, by adding a subdivision.

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

Orenstein introduced:

H. F. No. 778, A bill for an act relating to human services; modifying certain asset and income requirements for medical assistance; modifying the eligibility requirements for Minnesota supplemental aid; amending Minnesota Statutes 1994, sections 256B.056, subdivision 3, and by adding subdivisions; and 256D.425, subdivision 2.

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

Orfield, Greiling and Kelley introduced:

H. F. No. 779, A bill for an act relating to land use planning; clarifying determination of benefit for assessments on land subject to a conservation easement; amending provisions governing the relationship of zoning and planning; establishing criteria for metropolitan council land use decisions; amending provisions relating to metropolitan agricultural preserves; amending Minnesota Statutes 1994, sections 462.357, subdivision 2; 473.858, subdivision 1; and 473H.15, subdivisions 1 and 9; proposing coding for new law in Minnesota Statutes, chapters 84C; 429; and 473.

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

Brown, Dauner, Dempsey and Johnson, V., introduced:

H. F. No. 780, A bill for an act relating to real property; eliminating authority of county recorders to collect certain fees; repealing Minnesota Statutes 1994, section 357.18, subdivision 3.

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

Abrams, Simoneau, Girard, Davids and Tomassoni introduced:

H. F. No. 781, A bill for an act relating to insurance; transferring regulatory authority for health maintenance organizations to the commissioner of commerce; amending Minnesota Statutes 1994, sections 60B.03, subdivision 2; 60B.15; 60B.20; 60G.01, subdivisions 2 and 4; 62D.01, subdivision 2; 62D.02, subdivision 3; 62D.03, subdivisions 1, 3, and 4; 62D.04, subdivisions 1, 2, and 3; 62D.05, subdivision 6; 62D.06, subdivision 2; 62D.07, subdivisions 2, 3, and 10; 62D.08, subdivisions 1, 2, and 3; 62D.09, subdivisions 1 and 8; 62D.10, subdivision 4; 62D.11, subdivisions 2 and 3; 62D.12, subdivisions 1, 2, and 9; 62D.121, subdivision 3a; 62D.14, subdivisions 1, 3, 5, and 6; 62D.15, subdivisions 1 and 4; 62D.16, subdivisions 1 and 2; 62D.17, subdivisions 1, 3, 4, and 5; 62D.18, subdivisions 1 and 7; 62D.19; 62D.20, subdivision 1; 62D.21; 62D.211; 62D.22, subdivisions 4 and 10; 62D.24; 62D.30, subdivisions 1 and 3; repealing Minnesota Statutes 1994, section 62D.03, subdivision 2.

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

Munger, Murphy and Huntley introduced:

H. F. No. 782, A bill for an act relating to Western Lake Superior Sanitary District; providing for compliance with certain requirements of the Internal Revenue Code; proposing coding for new law in Minnesota Statutes, chapter 458D.

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

Bakk; Anderson, I., and Tunheim introduced:

H. F. No. 783, A bill for an act relating to appropriations; providing for a grant for regional land use planning in the northern counties.

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

Weaver introduced:

H. F. No. 784, A bill for an act relating to crime; clarifying application of mandatory minimum penalties for controlled substance offenses; authorizing use of drivers' license photographs to investigate or prosecute misdemeanor and gross misdemeanor-level thefts; precluding the expungement of criminal records in diversion cases; authorizing sentencing courts to order the payment of restitution to victim assistance programs; adding a fine provision to the terroristic threats crime; amending Minnesota Statutes 1994, sections 152.021, subdivision 3; 152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025, subdivision 3; 171.07, subdivision 1a; 299C.11; 609.10; 609.125; and 609.713, subdivisions 1 and 2.

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

Weaver introduced:

H. F. No. 785, A bill for an act relating to crime; expanding the scope of first degree burglary; amending Minnesota Statutes 1994, section 609.582, subdivision 1.

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

Weaver introduced:

H. F. No. 786, A bill for an act relating to crime; expanding the definition of "value" in the theft statute; amending Minnesota Statutes 1994, section 609.52, subdivision 1.

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

The following message was received from the Senate:

Mr. Speaker:

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

S. F. No. 181.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 181, A bill for an act relating to elections; allowing time off to vote in elections to fill a vacancy in the legislature; amending Minnesota Statutes 1994, section 204C.04, subdivision 2.

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

Carruthers moved that when the House adjourns today it adjourn until 2:30 p.m., Thursday, February 23, 1995. The motion prevailed.

H. F. No. 121, A bill for an act relating to state trails; authorizing extension of the Blufflands Trail System in Winona county; amending Minnesota Statutes 1994, section 85.015, subdivision 7.

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 122 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 435, A bill for an act relating to public utilities; authorizing performance-based gas purchasing regulation for gas utilities; amending Minnesota Statutes 1994, section 216B.16, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 216B.

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 124 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

S. F. No. 75, A bill for an act relating to real property; clarifying requirements relating to filing of notice of mechanics' liens; amending Minnesota Statutes 1994, section 514.08, subdivision 1.

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 124 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

H. F. No. 37, A bill for an act relating to local government; allowing either the town of Glen or the town of Kimberly in Aitkin county to have an alternate annual meeting day.

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 123 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 95, A bill for an act relating to highways; prohibiting headwalls in highway rights-of-way; imposing a penalty; amending Minnesota Statutes 1994, section 160.27, subdivision 5.

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

The question was taken on the passage of the bill and the roll was called. There were 123 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 358, A bill for an act relating to utilities; clarifying that public utilities commission may extend deadline for rate suspension period by 20 days when necessary to first make final determination on another, previously filed rate case; allowing exemption from rate regulation for small electric utility franchise; allowing longer review time for granting petition for rehearing by public utilities commission; amending Minnesota Statutes 1994, sections 216B.16, subdivision 2, and by adding a subdivision; and 216B.27, subdivision 4.

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

The question was taken on the passage of the bill and the roll was called. There were 123 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 374, A bill for an act relating to utilities; exempting large electric power generating plant from certificate of need proceeding when selected by the public utilities commission from a bidding process to select resources to meet the utility's projected energy demand; amending Minnesota Statutes 1994, section 216B.2422, subdivision 5.

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

The question was taken on the passage of the bill and the roll was called. There were 122 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

The bill was passed and its title agreed to.

H. F. No. 383, A bill for an act relating to traffic regulations; clarifying conditions when covering motor vehicle head lamp, tail lamp, or reflector is unlawful; providing that only certain trailers required to have brakes are also required to have break-away brakes; requiring inspector of commercial motor vehicle to retain report for at least 14 months; prohibiting the covering of a license plate with any material or substance; amending Minnesota Statutes 1994, sections 169.64, by adding a subdivision; 169.67, subdivision 3; 169.781, subdivision 4; and 169.79.

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 123 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

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

Luther moved that the name of Limmer be stricken and the name of Haas be added as an author on H. F. No. 205. The motion prevailed.

Leppik moved that the name of Clark be added as an author on H. F. No. 446. The motion prevailed.

Kraus moved that his name be stricken as an author on H. F. No. 556. The motion prevailed.

Johnson, V., moved that the names of Anderson, I.; Solberg and Larsen be added as authors on H. F. No. 581. The motion prevailed.

Jacobs moved that the names of Olson, E.; Dempsey; Wolf and Delmont be added as authors on H. F. No. 620. The motion prevailed.

Peterson moved that the name of Murphy be added as an author on H. F. No. 644. The motion prevailed.

Jefferson moved that the name of Osskopp be added as an author on H. F. No. 664. The motion prevailed.

Wagenius moved that the name of Long be added as an author on H. F. No. 672. The motion prevailed.

Clark moved that the name of Garcia be added as an author on H. F. No. 678. The motion prevailed.

Milbert moved that the name of Holsten be added as an author on H. F. No. 683. The motion prevailed.

Clark moved that the name of Trimble be added as an author on H. F. No. 714. The motion prevailed.

Dempsey moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, February 16, 1995, when the vote was taken on the final passage of H. F. No. 226." The motion prevailed.

Carruthers moved that H. F. No. 78 be recalled from the Committee on Rules and Legislative Administration and be re- referred to the Committee on Ways and Means. The motion prevailed.

Wenzel moved that H. F. No. 632 be recalled from the Committee on Judiciary and be re-referred to the Committee on Agriculture. 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., Thursday, February 23, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

Comments: webmaster@house.leg.state.mn.us