Saint Paul, Minnesota, Friday, March 8, 1996
On this day in 1920, the United States Supreme Court settled a
boundary dispute between Minnesota and Wisconsin by awarding much
of Duluth Harbor to Minnesota.
The House of Representatives convened at 10:00 a.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Rick Lanning, Minister of Northwest
Church of Christ, Maple Grove, Minnesota.
The roll was called and the following members were present:
Delmont was excused.
Rice was excused until 1:50 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Larsen moved that further reading of the Journal be
suspended and that the Journal be approved as corrected by the
Chief Clerk. The motion prevailed.
Abrams Finseth Knoblach Olson, E. Solberg
Anderson, B. Frerichs Koppendrayer Olson, M. Stanek
Anderson, R. Garcia Kraus Onnen Sviggum
Bakk Girard Krinkie Opatz Swenson, D.
Bertram Goodno Larsen Orenstein Swenson, H.
Bettermann Greenfield Leighton Orfield Sykora
Bishop Greiling Leppik Osskopp Tomassoni
Boudreau Gunther Lieder Osthoff Tompkins
Bradley Haas Lindner Ostrom Trimble
Broecker Hackbarth Long Otremba Tuma
Brown Harder Lourey Ozment Tunheim
Carlson, L. Hasskamp Luther Paulsen Van Dellen
Carlson, S. Hausman Lynch Pawlenty Van Engen
Carruthers Holsten Macklin Pellow Vickerman
Clark Huntley Mahon Pelowski Wagenius
Commers Jaros Mares Perlt Warkentin
Cooper Jefferson Mariani Peterson Weaver
Daggett Jennings Marko Pugh Wejcman
Dauner Johnson, A. McCollum Rest Wenzel
Davids Johnson, R. McElroy Rhodes Winter
Dawkins Johnson, V. McGuire Rostberg Wolf
Dehler Kahn Milbert Rukavina Worke
Dempsey Kalis Molnau Sarna Workman
Dorn Kelley Mulder Schumacher Sp.Anderson,I
Entenza Kelso Munger Seagren
Erhardt Kinkel Murphy Skoglund
Farrell Knight Ness Smith
A quorum was present.
S. F. No. 1702 and H. F. No. 1918, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
McGuire moved that the rules be so far suspended that S. F. No. 1702 be substituted for H. F. No. 1918 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1888 and H. F. No. 2069, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Wejcman moved that the rules be so far suspended that S. F. No. 1888 be substituted for H. F. No. 2069 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1893 and H. F. No. 2124, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Swenson, D., moved that the rules be so far suspended that S. F. No. 1893 be substituted for H. F. No. 2124 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1902 and H. F. No. 2193, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Entenza moved that the rules be so far suspended that S. F. No. 1902 be substituted for H. F. No. 2193 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2116 and H. F. No. 2590, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Bertram moved that the rules be so far suspended that S. F. No. 2116 be substituted for H. F. No. 2590 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2275 and H. F. No. 2842, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Kelley moved that the rules be so far suspended that S. F. No. 2275 be substituted for H. F. No. 2842 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2410 and H. F. No. 2386, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
McGuire moved that the rules be so far suspended that S. F. No. 2410 be substituted for H. F. No. 2386 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2418 and H. F. No. 2845, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Rest moved that the rules be so far suspended that S. F. No. 2418 be substituted for H. F. No. 2845 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2445 and H. F. No. 2799, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Milbert moved that the rules be so far suspended that S. F. No. 2445 be substituted for H. F. No. 2799 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2449 and H. F. No. 2703, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Wejcman moved that S. F. No. 2449 be substituted for H. F. No. 2703 and that the House File be indefinitely postponed. The motion prevailed.
The following communications were received:
OFFICE OF THE GOVERNOR
March 6, 1996
The Honorable Irv Anderson
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Anderson:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 2411, relating to game and fish; prohibiting trespassing on agricultural land for outdoor recreation; prohibiting trespassing on certain private land for outdoor recreation; modifying posting requirements; modifying provisions for retrieving dogs and wounded game; prohibiting hunting in certain areas; providing civil penalties; establishing an appeals procedure; directing the disposition of penalty amounts.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Act of the 1996 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1996 1996
2411 301 1:40 p.m. March 6 March 6
Sincerely,
Joan Anderson Growe
Secretary of State
S. F. Nos. 1702, 1888, 1893, 1902, 2116, 2275, 2410, 2418, 2445 and 2449. were read for the second time.
The following House File was introduced:
Lieder, Tunheim, Kalis, Osthoff and Johnson, V., introduced:
H. F. No. 3270, A bill for an act relating to the organization and operation of state government; transferring money from general fund to trunk highway fund as reimbursement for nonhighway expenditures.
The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.
The following House Advisory was introduced:
Skoglund introduced:
H. A. No. 28, A proposal to study local government liability for snow and ice conditions on roads.
The advisory was referred to the Committee on Judiciary.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 3243, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 116G.151; 138.664, by adding a subdivision; 138.763, subdivision 1; 168.33, subdivision 2; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, sections 2, subdivision 2; and 5, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5.
Patrick E. Flahaven, Secretary of the Senate
Carruthers moved that the House refuse to concur in the Senate amendments to H. F. No. 3243, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 1906, 2491, 2499, 2193, 840, 1875, 2192 and 2054.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2310, 2714, 1864, 2319, 2687, 2349, 2347, 2342 and 2346.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 1906, A bill for an act relating to human rights; eliminating the requirement that charges filed with the commissioner be verified; amending Minnesota Statutes 1994, section 363.06, subdivision 1.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2491, A bill for an act relating to ethics; changing the name of the ethical practices board to the board of campaign finance and public disclosure.
The bill was read for the first time and referred to the Committee on Ethics.
S. F. No. 2499, A bill for an act relating to the environment; delaying the effective date for certain used motor oil and motor oil filter provisions; requiring a plan for collection and recycling of used motor oil and used motor oil filters; amending Laws 1995, chapter 220, section 142.
The bill was read for the first time.
Hackbarth moved that S. F. No. 2499 and H. F. No. 2065, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2193, A bill for an act relating to drinking and driving; creating a separate law to prohibit persons under 21 years of age to drive a motor vehicle while consuming or after consuming any amount of alcoholic beverages; providing for license suspension; amending Minnesota Statutes 1995 Supplement, sections 171.18, subdivision 1; and 340A.503, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 169.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 840, A bill for an act relating to elections; campaign finance; changing the treatment of spending limits and public subsidy in certain cases; amending Minnesota Statutes 1994, section 10A.25, subdivision 10; repealing Minnesota Statutes 1994, section 10A.324, subdivision 5.
The bill was read for the first time.
Long moved that S. F. No. 840 and H. F. No. 667, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1875, A bill for an act directing the Minnesota health care commission to establish a task force to study health care taxes and to contract for health care studies.
The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.
S. F. No. 2192, A bill for an act relating to crime prevention; clarifying the application of consecutive sentencing provisions to impaired driving and driver's license offenses arising out of a single course of conduct; adding cross-references; amending Minnesota Statutes 1994, sections 169.121, subdivisions 1c and 3; 169.791, by adding a subdivision; 169.797, subdivision 4; and 629.471, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 171.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2054, A bill for an act relating to traffic regulations; requiring driver to stop to yield right-of-way to pedestrian within crosswalk; increasing penalty for failure to yield to pedestrian in crosswalk; directing commissioner to include information pertaining to crosswalk right-of-way in driver's manual; requiring preparation and distribution of publicity concerning traffic regulations; amending Minnesota Statutes 1994, section 171.13, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 169.21, subdivision 2.
The bill was read for the first time.
Farrell moved that S. F. No. 2054 and H. F. No. 2930, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2310, A bill for an act relating to highways; providing for exemption from liability for rustic roads under certain conditions; amending Minnesota Statutes 1994, section 160.83, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2714, A bill for an act relating to crime prevention; clarifying the misdemeanor-manslaughter statute; amending Minnesota Statutes 1995 Supplement, section 609.20.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 1864, A bill for an act relating to data practices; classifying data on members of the criminal alert network; amending Minnesota Statutes 1994, section 13.99, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 299A.61.
The bill was read for the first time and referred to the Committee on Judiciary.
S. F. No. 2319, A bill for an act relating to public safety; providing for response to state emergencies; making technical and style changes; amending Minnesota Statutes 1994, sections 12.01; 12.02; 12.03; 12.04; 12.11; 12.13; 12.14; 12.21, as amended; 12.22; 12.221; 12.23; 12.24; 12.25; 12.26; 12.27; 12.28; 12.29; 12.301; 12.31; 12.32; 12.33; 12.34; 12.35; 12.36; 12.37; 12.42; 12.43; 12.44; 12.45; and 12.46; proposing coding for new law in Minnesota Statutes, chapter 12; repealing Minnesota Statutes 1994, sections 12.06; 12.07; and 12.08.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
S. F. No. 2687, A bill for an act relating to county fee lands; ratifying certain sales of county fee lands in Lake county.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
S. F. No. 2349, A bill for an act relating to utilities; increasing penalty for violation of law regulating utilities; amending Minnesota Statutes 1994, section 216B.57.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
S. F. No. 2347, A bill for an act relating to human services; proposing reform measures; making changes to the Minnesota family investment plan program; case management services to caregivers; defining "intensive ESL"; requiring family support agreement for some families on assistance; providing recovery of AFDC due to an ATM error; defining case manager and two-parent families; adding provisions for employment and training services; adding provisions to food stamp employment and training program; establishing the MNJOBS program; requiring the commissioner to take steps to prevent assistance recipients from obtaining assistance via an ATM or cashing assistance checks at gambling establishments; providing injury protection for tribal JOBS programs; appropriating money to the sliding fee child care program; appropriating money for the AFDC child care entitlement program; amending Minnesota Statutes 1994, sections 53A.09; 256.031, by adding a subdivision; 256.033, by adding a subdivision; 256.034, by adding a subdivision; 256.035, subdivisions 1 and 6a; 256.73, subdivision 1, and by adding subdivisions; 256.736, subdivisions 1a, 3b, 4, and 12; 256D.06, by adding a subdivision; 256D.10; 256D.49, subdivision 3; 256E.08, subdivision 8; and 336.3-206; Minnesota Statutes 1995 Supplement, sections 256.0475, by adding a subdivision; 256.048, subdivisions 1, 4, 6, and 13; 256.73, subdivision 8; 256.736, subdivisions 10, 10a, 14, and 16; 256.737, subdivision 7; 256.76, subdivision 1; 256.81; 256D.02, subdivision 12a; 256D.03, subdivisions 2, 2a, and 3; 256D.05, subdivision 1; 256D.051, subdivisions 1 and 6; 256D.055; and 256D.09, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 256; repealing Minnesota Statutes 1994, section 256.736, subdivisions 10b and 11; Minnesota Statutes 1995 Supplement, section 256.736, subdivision 13.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 2342, A bill for an act relating to motor carriers; providing for deregulation of motor carriers of property; establishing a carrier registration system; allowing relief from safety regulations during declared emergency; creating exemptions from certain workplace drug and alcohol testing; requiring alcohol testing; changing the definition of
warehouse operator; amending Minnesota Statutes 1994, sections 221.011, subdivision 15, and by adding a subdivision; 221.031, by adding a subdivision; 221.605, subdivision 1; and 231.01, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 221.
The bill was read for the first time.
Schumacher moved that S. F. No. 2342 and H. F. No. 2587, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2346, A bill for an act relating to corrections; defining the term criminal justice agency in the law governing the data communications network to include detention facilities licensed by the commissioner of corrections; providing appropriate persons with broader access to the detention information system that is supported by the state operated computer network under control of the commissioner of public safety; amending Minnesota Statutes 1994, section 299C.46, subdivision 2.
The bill was read for the first time and referred to the Committee on Judiciary.
H. F. No. 2496 was reported to the House.
Carruthers moved that H. F. No. 2496 be returned to General Orders. The motion prevailed.
H. F. No. 2816 was reported to the House.
Van Engen moved to amend H. F. No. 2816, the second engrossment, as follows:
Page 1, after line 7, insert:
"Section 1. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 116. [CONSUMERS OF COMPUTER INFORMATION SERVICES.] Personally identifiable information on consumers of computer information services is governed by chapter 13D."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 2816, A bill for an act relating to consumer privacy; regulating the use and dissemination of personally identifiable information on consumers of computer information services; proposing coding for new law as Minnesota Statutes, chapter 13D.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 68 yeas and 64 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Greenfield Larsen Murphy Sarna Bakk Greiling Leighton Olson, E. Schumacher Bertram Hasskamp Lieder Opatz Skoglund Brown Hausman Long Orenstein Solberg Carlson, L. Huntley Lourey Orfield Tomassoni Carruthers Jaros Luther Osthoff Trimble Clark Jefferson Mahon Ostrom TunheimThose who voted in the negative were:
JOURNAL OF THE HOUSE - 94th Day - Top of Page 8099
Cooper Johnson, A. Mariani Otremba Wagenius Dauner Johnson, R. Marko Perlt Wejcman Dawkins Kahn McCollum Peterson Wenzel Dorn Kalis McGuire Pugh Winter Entenza Kelley Milbert Rest Sp.Anderson,I Farrell Kelso Mulder Rhodes Garcia Kinkel Munger Rukavina
Abrams Erhardt Knoblach Onnen Swenson, H. Anderson, B. Finseth Koppendrayer Osskopp Sykora Bettermann Frerichs Kraus Ozment Tompkins Bishop Girard Krinkie Paulsen Tuma Boudreau Goodno Leppik Pawlenty Van Dellen Bradley Gunther Lindner Pellow Van Engen Broecker Haas Lynch Pelowski Vickerman Carlson, S. Hackbarth Macklin Rostberg Warkentin Commers Harder Mares Seagren Weaver Daggett Holsten McElroy Smith Wolf Davids Jennings Molnau Stanek Worke Dehler Johnson, V. Ness Sviggum Workman Dempsey Knight Olson, M. Swenson, D.The bill was passed, as amended, and its title agreed to.
H. F. No. 1800 was reported to the House.
Long moved to amend H. F. No. 1800, the first engrossment, as follows:
Page 1, line 20, delete "By April 1, 1997,"
Page 1, line 26, delete "By July 1, 1997,"
Pages 1 to 3, renumber section 1 to be section 2 with proposed coding [4A.08] and renumber section 2 to be section 1 with proposed coding [4A.07]
Page 3, line 7, delete "; REVIEW"
Page 3, line 12, delete everything after the period
Page 3, delete lines 13 to 17
Page 3, delete lines 19 to 22 and insert "The environmental quality board shall report to the legislature by January 15, 1997, on the state agencies' review of their missions and programs in relation to the principles of sustainable development."
The motion prevailed and the amendment was adopted.
H. F. No. 1800, A bill for an act relating to local government; requiring a sustainable development planning guide and a model ordinance to be developed for local government use by the office of strategic and long-range planning; adopting principles of sustainable development; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 4A.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 86 yeas and 46 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Frerichs Kelso Olson, E. Solberg Bakk Garcia Kinkel Opatz Stanek Bertram Girard Kraus Orenstein Swenson, D.Those who voted in the negative were:
JOURNAL OF THE HOUSE - 94th Day - Top of Page 8100
Bishop Greenfield Larsen Orfield Tomassoni Brown Greiling Leighton Osskopp Trimble Carlson, L. Gunther Leppik Osthoff Tunheim Carlson, S. Hasskamp Lieder Otremba Van Engen Carruthers Hausman Long Ozment Wagenius Clark Huntley Lourey Pelowski Warkentin Cooper Jaros Luther Perlt Weaver Dauner Jefferson Mahon Peterson Wejcman Davids Jennings Mariani Pugh Wenzel Dawkins Johnson, A. Marko Rest Worke Dehler Johnson, R. McCollum Rhodes Sp.Anderson,I Dempsey Johnson, V. McGuire Rukavina Dorn Kahn Milbert Sarna Entenza Kalis Munger Schumacher Farrell Kelley Murphy Skoglund
Abrams Goodno Lynch Paulsen Tuma Anderson, B. Haas Macklin Pawlenty Van Dellen Bettermann Hackbarth Mares Pellow Vickerman Boudreau Harder McElroy Rostberg Winter Bradley Holsten Molnau Seagren Wolf Broecker Knight Mulder Smith Workman Commers Knoblach Ness Sviggum Daggett Koppendrayer Olson, M. Swenson, H. Erhardt Krinkie Onnen Sykora Finseth Lindner Ostrom TompkinsThe bill was passed, as amended, and its title agreed to.
S. F. No. 1872, A bill for an act relating to peace officer training; requiring peace officers to undergo training in community policing techniques; proposing coding for new law in Minnesota Statutes, chapter 626.
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 116 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Opatz Sviggum Anderson, R. Finseth Kraus Orenstein Swenson, D. Bakk Frerichs Larsen Orfield Sykora Bertram Garcia Leighton Osskopp Tomassoni Bettermann Girard Leppik Osthoff Tompkins Bishop Goodno Lieder Otremba Trimble Bradley Greenfield Long Ozment Tuma Broecker Greiling Lourey Paulsen Tunheim Brown Haas Luther Pawlenty Van Dellen Carlson, L. Harder Lynch Pelowski Van Engen Carlson, S. Hasskamp Macklin Perlt Vickerman Carruthers Hausman Mahon Peterson Wagenius Clark Holsten Mares Pugh Warkentin Commers Huntley Mariani Rest Weaver Cooper Jaros Marko Rhodes Wejcman Daggett Jefferson McCollum Rostberg Wenzel Dauner Jennings McElroy Rukavina Winter Davids Johnson, R. McGuire Sarna Wolf Dawkins Johnson, V. Milbert Schumacher Worke Dehler Kahn Mulder Seagren Sp.Anderson,I Dempsey Kalis Munger Skoglund Dorn Kelley Murphy Smith Entenza Kelso Ness Solberg Erhardt Kinkel Olson, E. StanekThose who voted in the negative were:
Anderson, B. Knight Molnau Pellow Boudreau Koppendrayer Olson, M. Swenson, H. Gunther Krinkie Onnen Workman Hackbarth Lindner OstromThe bill was passed and its title agreed to.
H. F. No. 2565 was reported to the House.
Tuma moved to amend H. F. No. 2565, the first engrossment, as follows:
Page 5, after line 7, insert a section to read:
"Sec. 7. [EFFECTIVE DATE.]
Sections 1 to 6 are effective the day following final enactment."
The motion prevailed and the amendment was adopted.
H. F. No. 2565, A bill for an act relating to private business, trade, and correspondence schools; modifying licensing standards; clarifying miscellaneous provisions; amending Minnesota Statutes 1994, sections 141.25, subdivision 7; 141.26, subdivision 5; 141.271, subdivision 4; and 141.29, subdivision 3; Minnesota Statutes 1995 Supplement, section 136A.685.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Stanek Anderson, B. Frerichs Koppendrayer Olson, M. Sviggum Anderson, R. Garcia Kraus Onnen Swenson, D. Bakk Girard Krinkie Opatz Swenson, H. Bertram Goodno Larsen Orenstein Sykora Bettermann Greenfield Leighton Orfield Tomassoni Bishop Greiling Leppik Osskopp Tompkins Boudreau Gunther Lieder Osthoff Trimble Bradley Haas Lindner Ostrom Tuma Broecker Hackbarth Long Otremba Tunheim Brown Harder Lourey Ozment Van Dellen Carlson, L. Hasskamp Luther Paulsen Van Engen Carlson, S. Hausman Lynch Pawlenty Vickerman Carruthers Holsten Macklin Pellow Wagenius Clark Huntley Mahon Pelowski Warkentin Commers Jaros Mares Peterson Weaver Cooper Jefferson Mariani Pugh Wejcman Daggett Jennings Marko Rest Wenzel Dauner Johnson, A. McCollum Rhodes Winter Davids Johnson, R. McElroy Rostberg Wolf Dawkins Johnson, V. McGuire Rukavina Worke Dehler Kahn Milbert Sarna Workman Dempsey Kalis Molnau Schumacher Sp.Anderson,I Dorn Kelley Mulder Seagren Entenza Kelso Munger Skoglund Erhardt Kinkel Murphy Smith Farrell Knight Ness SolbergThe bill was passed, as amended, and its title agreed to.
Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.
The House reconvened and was called to order by the Speaker.
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:
S. F. Nos. 2624 and 2317; H. F. No. 2588; S. F. Nos. 1981 and 842; and H. F. Nos. 2781 and 2256.
S. F. No. 2624 was reported to the House.
There being no objection, S. F. No. 2624 was temporarily laid over on Special Orders.
S. F. No. 2317, A bill for an act relating to group residential housing; clarifying a rate exception; amending Minnesota Statutes 1994, section 256I.05, subdivision 2.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Onnen Stanek Anderson, B. Frerichs Koppendrayer Opatz Sviggum Anderson, R. Garcia Kraus Orenstein Swenson, D. Bertram Girard Krinkie Orfield Swenson, H. Bettermann Goodno Larsen Osskopp Sykora Bishop Greenfield Leighton Osthoff Tomassoni Boudreau Greiling Lieder Ostrom Tompkins Bradley Gunther Lindner Otremba Trimble Broecker Haas Long Ozment Tuma Brown Hackbarth Luther Paulsen Tunheim Carlson, L. Harder Lynch Pawlenty Van Dellen Carlson, S. Hasskamp Macklin Pellow Van Engen Carruthers Hausman Mahon Pelowski Vickerman Clark Holsten Mares Perlt Wagenius Commers Huntley Mariani Peterson Warkentin Cooper Jaros Marko Pugh Weaver Daggett Jefferson McElroy Rest Wejcman Dauner Jennings McGuire Rhodes Wenzel Davids Johnson, A. Milbert Rice Winter Dawkins Johnson, R. Molnau Rostberg Wolf Dehler Johnson, V. Mulder Rukavina Worke Dempsey Kahn Munger Sarna Workman Dorn Kalis Murphy Schumacher Sp.Anderson,I Entenza Kelley Ness Seagren Erhardt Kinkel Olson, E. Smith Farrell Knight Olson, M. SolbergThe bill was passed and its title agreed to.
On the motion of Weaver and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abrams Farrell Knight Olson, M. Swenson, D. Anderson, B. Finseth Knoblach Onnen Swenson, H. Anderson, R. Frerichs Koppendrayer Opatz Sykora Bakk Garcia Kraus Orfield Tomassoni Bertram Girard Krinkie Osskopp Tompkins Bettermann Goodno Larsen Ostrom Trimble Boudreau Greenfield Leighton Otremba Tuma Bradley Gunther Lieder Ozment Tunheim Broecker Haas Lindner Paulsen Van Dellen Brown Hackbarth Long Pawlenty Van EngenCarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
JOURNAL OF THE HOUSE - 94th Day - Top of Page 8103
Carlson, L. Harder Lourey Pellow Vickerman Carlson, S. Hasskamp Luther Pelowski Wagenius Carruthers Holsten Lynch Perlt Warkentin Clark Huntley Mahon Peterson Weaver Commers Jaros Mares Pugh Wejcman Cooper Jefferson Marko Rest Wenzel Daggett Jennings McCollum Rhodes Winter Dauner Johnson, A. McElroy Rice Wolf Davids Johnson, R. Milbert Rostberg Worke Dawkins Johnson, V. Molnau Rukavina Workman Dehler Kahn Mulder Schumacher Sp.Anderson,I Dempsey Kalis Munger Seagren Dorn Kelley Murphy Solberg Entenza Kelso Ness Stanek Erhardt Kinkel Olson, E. Sviggum
H. F. No. 2588, A bill for an act relating to insurance; providing a process for resolving state claims for certain landfill cleanup costs and associated damages with insurers; authorizing an action by the state for recovery from insurers after a reasonable opportunity for settlement; proposing coding for new law in Minnesota Statutes, chapter 115B; repealing Minnesota Statutes 1994, sections 115B.44, subdivision 1; and 115B.46; Minnesota Statutes 1995 Supplement, sections 115B.44, subdivision 2; and 115B.45.
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.
McCollum moved that those not voting be excused from voting. The motion prevailed.
There were 123 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Knoblach Olson, E. Skoglund Anderson, B. Garcia Koppendrayer Onnen Solberg Bakk Girard Kraus Opatz Stanek Bertram Goodno Larsen Orenstein Sviggum Bettermann Greenfield Leighton Orfield Swenson, D. Boudreau Greiling Leppik Osskopp Swenson, H. Bradley Gunther Lieder Osthoff Sykora Brown Haas Lindner Ostrom Tomassoni Carlson, L. Hackbarth Long Otremba Tompkins Carlson, S. Harder Lourey Ozment Trimble Carruthers Hasskamp Luther Paulsen Tuma Clark Hausman Lynch Pawlenty Tunheim Commers Holsten Mahon Pellow Van Dellen Cooper Huntley Mares Pelowski Vickerman Daggett Jaros Mariani Perlt Wagenius Dauner Jefferson Marko Peterson Warkentin Davids Jennings McCollum Pugh Weaver Dawkins Johnson, A. McElroy Rest Wejcman Dehler Johnson, R. McGuire Rhodes Wenzel Dempsey Johnson, V. Milbert Rice Winter Dorn Kahn Molnau Rostberg Wolf Entenza Kalis Mulder Rukavina Worke Erhardt Kelley Munger Sarna Sp.Anderson,I Farrell Kelso Murphy Schumacher Finseth Kinkel Ness SeagrenThose who voted in the negative were:
Anderson, R. Knight Olson, M. Broecker Krinkie WorkmanThe bill was passed and its title agreed to.
Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.
S. F. No. 2624 which was temporarily laid over earlier today on Special Orders was again reported to the House.
Lourey moved to amend S. F. No. 2624 as follows:
Page 1, delete lines 13 to 18 and insert:
"There shall be no coverage under homeowner's insurance for losses or damages arising out of the operation of day care services unless:
(1) specifically covered in a policy; or
(2) covered by a rider for business coverage attached to a policy."
Page 1, delete line 20 and insert:
"Sections 1 and 2 are effective the day following final enactment for policies issued or renewed on or after that date."
The motion prevailed and the amendment was adopted.
Krinkie moved to amend S. F. No. 2624, as amended, as follows:
Page 1, line 5 of the Lourey amendment, after "operation of" insert "licensed"
Lourey moved that S. F. No. 2624, as amended, be continued on Special Orders. The motion prevailed.
Broecker was excused between the hours of 2:50 p.m. and 4:00 p.m.
S. F. No. 1981 was reported to the House.
Entenza moved to amend S. F. No. 1981 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 45.027, subdivision 5, is amended to read:
Subd. 5. [LEGAL ACTIONS; INJUNCTIONS; CEASE AND DESIST
ORDERS.] Whenever it appears to the commissioner that any
person has engaged or is about to engage in any act or practice
constituting a violation of any law, rule, or order related to
the duties and responsibilities entrusted to the commissioner,
the commissioner has the following powers: (1) the
commissioner may bring an action in the name of the state in
Ramsey county district court or the district court of
the an appropriate county to enjoin the acts or
practices and to enforce compliance, or the commissioner may
refer the matter to the attorney general or the county attorney
of the appropriate county. Upon a proper showing, A
permanent or temporary injunction, restraining
order, or other appropriate relief must be granted;
(2) based solely upon a showing that the person has
engaged or is about to engage in an act or practice constituting
a violation of a law, rule, cease and desist order, or other
order related to the duties and responsibilities entrusted to the
commissioner. The terms of this subdivision govern an action
brought under this subdivision, including an action against a
person who, for whatever reason, claims that the subject law,
rule, cease and desist order or other order does not apply to the
person.
Subd. 5a. [CEASE AND DESIST ORDERS.] (a) Whenever it appears to the commissioner that a person has engaged or is about to engage in an act or practice constituting a violation of a law, rule, or order related to the duties and responsibilities entrusted to the commissioner, the commissioner may issue and cause to be served upon the person an order requiring the person to cease and desist from violations.
(b) The cease and desist order must be calculated
to give reasonable notice of the rights of the person to request
a hearing and must state the reasons for the entry of the order.
A hearing must be held not later than seven ten
days after the request for the hearing is received by the
commissioner, unless the person requesting the hearing and the
department of commerce agree the hearing be scheduled after the
seven-day period. After the completion of the hearing
and, the administrative law judge shall issue a report
within ten days. Within 20 15 days after
receiving the administrative law judge's report, the commissioner
shall issue a further order vacating or making permanent
the cease and desist order or making it permanent as the facts
require. If no hearing is requested within 30 days of
service of the order, the order will become final and will remain
in effect until it is modified or vacated by the commissioner.
Unless otherwise provided, all hearings must be conducted in
accordance with chapter 14. The time periods provided in
this provision may be waived by agreement of the person
requesting the hearing and the department of commerce and the
person against whom the cease and desist order is issued. If
the person to whom a cease and desist order is issued fails to
appear at the hearing after being duly notified, the person is in
default, and the proceeding may be determined against that person
upon consideration of the cease and desist order, the allegations
of which may be considered to be true. Unless otherwise
provided, all hearings must be conducted according to chapter
14. The commissioner may adopt rules of procedure concerning
all proceedings conducted under this subdivision.
(c) If no hearing is requested within 30 days of service of the order, the cease and desist order will become permanent.
(d) A cease and desist order issued under this subdivision remains in effect until it is modified or vacated by the commissioner. The administrative proceeding provided by this subdivision, and subsequent appellate judicial review of that administrative proceeding, constitutes the exclusive remedy for determining whether the commissioner properly issued the cease and desist order and whether the cease and desist order should be vacated or made permanent.
Sec. 2. Minnesota Statutes 1994, section 45.027, is amended by adding a subdivision to read:
Subd. 5b. [ENFORCEMENT OF VIOLATIONS OF CEASE AND DESIST ORDERS.] (a) Whenever the commissioner under subdivision 5 seeks to enforce compliance with a cease and desist order that has been made permanent, the allegations in the cease and desist order are considered conclusively established for purposes of a proceeding under subdivision 5 for permanent or temporary relief to enforce the cease and desist order. Whenever the commissioner under subdivision 5 seeks to enforce compliance with a cease and desist order when a hearing or hearing request on the cease and desist order is pending, or the time has not yet expired to request a hearing on whether a cease and desist order should be vacated or made permanent, the allegations in the cease and desist order are considered conclusively established for purposes of a proceeding under subdivision 5 for temporary relief to enforce the cease and desist order.
(b) Notwithstanding this subdivision or subdivision 5 or 5a to the contrary, the person against whom the cease and desist order is issued and who has requested a hearing under subdivision 5a may within 15 days after service of cease and desist order bring an action in Ramsey county district court for issuance of an injunction to suspend enforcement of the cease and desist order pending a final decision of the commissioner under subdivision 5a to vacate or make permanent the cease and desist order. The court shall determine whether to issue such an injunction based on traditional principles of temporary relief.
Sec. 3. Minnesota Statutes 1995 Supplement, section 309.53, subdivision 3, is amended to read:
Subd. 3. The financial statement shall include a balance sheet, statement of income and expense, and statement of functional expenses, shall be consistent with forms furnished by the attorney general, and shall be prepared in accordance with generally accepted accounting principles so as to make a full disclosure of the following, including necessary allocations between each item and the basis of such allocations:
(a) total receipts and total income from all sources;
(b) cost of management and general expenses;
(c) program services;
(d) cost of fund raising;
(d) (e) cost of public education;
(e) (f) funds or properties transferred out of
state, with explanation as to recipient and purpose;
(f) (g) total net amount disbursed or dedicated
within this state, broken down into total amounts disbursed or
dedicated for each major purpose, charitable or otherwise;
(g) (h) names of professional fund raisers used
during the accounting year and the financial compensation
or and profit resulting to each professional fund
raiser; and
(h) (i) a list of the five highest paid
directors, officers, and employees of the organization that
receive total compensation of more than $50,000, together with
the total compensation paid to each. Total compensation shall
include salaries, fees, bonuses, fringe benefits, severance
payments, and deferred compensation paid by the charitable
organization and all related organizations as that term is
defined by section 317A.011, subdivision 18. On July 1, 1997,
and thereafter, the charitable organization shall begin
disclosure of the total compensation of the five highest paid
directors, officers, and employees of any related organization if
the related organization receives funds from the charitable
organization.
Unless otherwise required by this subdivision, the financial statement need not be certified.
A financial statement of a charitable organization which has received total revenue in excess of $350,000 for the 12 months of operation covered by the statement shall be accompanied by an audited financial statement prepared in accordance with generally accepted accounting principles that has been examined by an independent certified public accountant for the purpose of expressing an opinion. In preparing the audit the certified public accountant shall take into consideration capital, endowment or other reserve funds, if any, controlled by the charitable organization.
Sec. 4. Minnesota Statutes 1994, section 309.57, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] Upon the application of the attorney
general the district court is vested with jurisdiction to
restrain, enjoin, and redress violations of sections 309.50 to
309.61. The court may make any necessary order or judgment
including, but not limited to, injunctions, restitution,
appointment of a receiver for the defendant or the defendant's
assets, suspension of the defendant's registration, awards of
reasonable attorney fees, and costs of investigation and
litigation, and may award to the state civil penalties up to
$25,000 $40,000 for each violation of sections
309.50 to 309.61. In ordering injunctive relief, the attorney
general shall not be required to establish irreparable harm but
only a violation of statute or that the requested order promotes
the public interest. The court may, as appropriate, enter a
consent judgment or decree without the finding of illegality.
Sec. 5. Minnesota Statutes 1994, section 325F.56, subdivision 2, is amended to read:
Subd. 2. "Repairs" means work performed for a total price of
more than $100 and less than $2,000 $7,500,
including the price of parts and materials, to restore a
malfunctioning, defective, or worn motor vehicle, appliance, or
dwelling place used primarily for personal, family, or household
purposes and not primarily for business or agricultural purposes.
"Repairs" do not include service calls or estimates.
Sec. 6. Minnesota Statutes 1995 Supplement, section 325G.203, is amended by adding a subdivision to read:
Subd. 11a. For those assistive devices regulated under section 153A.19, "nonconformity" means a mechanical defect and not a condition of the device that is the result of normal use which could be resolved through fitting adjustments, cleaning, or proper care.
Sec. 7. [EFFECTIVE DATE.]
Sections 3 to 6 are effective on the day following final enactment."
Delete the title and insert:
"A bill for an act relating to commerce; regulating the enforcement powers of the commissioner; modifying reporting and enforcement provisions for charitable solicitations; regulating the repair of certain consumer goods; modifying the definition of "nonconformity" for purposes of assistive listening device regulation; amending Minnesota Statutes 1994, sections 45.027, subdivision 5, and by adding a subdivision; 309.57, subdivision 1; and 325F.56, subdivision 2; Minnesota Statutes 1995 Supplement, sections 309.53, subdivision 3; and 325G.203, by adding a subdivision."
The motion prevailed and the amendment was adopted.
Abrams moved to amend S. F. No. 1981, as amended, as follows:
Page 5, line 3, strike "On July 1, 1997, and thereafter, the"
Page 5, strike the language on lines 4, 5, 6, and 7
The motion prevailed and the amendment was adopted.
S. F. No. 1981, A bill for an act relating to commerce; regulating the enforcement powers of the commissioner; clarifying the definition of nonconformity in respect of hearing aids; amending Minnesota Statutes 1994, section 45.027, subdivision 5, and by adding a subdivision; Minnesota Statutes 1995 Supplement, section 325G.203, subdivision 11.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Garcia Kraus Onnen Stanek Anderson, B. Girard Krinkie Opatz Sviggum Anderson, R. Goodno Larsen Orenstein Swenson, D. Bakk Greenfield Leighton Orfield Swenson, H. Bertram Greiling Leppik Osskopp Sykora Bettermann Gunther Lieder Osthoff Tomassoni Boudreau Haas Lindner Ostrom Tompkins Bradley Hackbarth Long Otremba Trimble Brown Harder Lourey Ozment Tuma Carlson, L. Hasskamp Luther Paulsen Tunheim Carlson, S. Hausman Lynch Pawlenty Van Dellen Carruthers Holsten Macklin Pellow Van Engen Clark Huntley Mahon Pelowski Vickerman Commers Jaros Mares Perlt Wagenius Cooper Jefferson Mariani Peterson Warkentin Daggett Jennings Marko Pugh Weaver Dauner Johnson, A. McCollum Rest Wejcman Davids Johnson, R. McElroy Rhodes Wenzel Dawkins Johnson, V. McGuire Rice Winter Dehler Kahn Milbert Rostberg Wolf Dempsey Kalis Molnau Rukavina Worke Dorn Kelley Mulder Sarna Workman Entenza Kelso Munger Schumacher Sp.Anderson,I Erhardt Kinkel Murphy Seagren Farrell Knight Ness Skoglund Finseth Knoblach Olson, E. Smith Frerichs Koppendrayer Olson, M. SolbergThe bill was passed, as amended, and its title agreed to.
S. F. No. 842 was reported to the House.
Kelley moved to amend S. F. No. 842 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1995 Supplement, section 147.09, is amended to read:
147.09 [EXEMPTIONS.]
Section 147.081 does not apply to, control, prevent or restrict the practice, service, or activities of:
(1) A person who is a commissioned medical officer of, a member of, or employed by, the armed forces of the United States, the United States Public Health Service, the Veterans Administration, any federal institution or any federal agency while engaged in the performance of official duties within this state, if the person is licensed elsewhere.
(2) A licensed physician from a state or country who is in actual consultation here.
(3) A licensed or registered physician who treats the physician's home state patients or other participating patients while the physicians and those patients are participating together in outdoor recreation in this state as defined by section 86A.03, subdivision 3. A physician shall first register with the board on a form developed by the board for that purpose. The board shall not be required to promulgate the contents of that form by rule. No fee shall be charged for this registration.
(4) A student practicing under the direct supervision of a preceptor while the student is enrolled in and regularly attending a recognized medical school.
(5) A student who is in continuing training and performing the duties of an intern or resident or engaged in postgraduate work considered by the board to be the equivalent of an internship or residency in any hospital or institution approved for training by the board, provided the student has a residency permit issued by the board under section 147.0391.
(6) A person employed in a scientific, sanitary, or teaching capacity by the state university, the department of children, families, and learning, or by any public or private school, college, or other bona fide educational institution, or the state department of health, whose duties are entirely of a public health or educational character, while engaged in such duties.
(7) Physician's assistants registered in this state.
(8) A doctor of osteopathy duly licensed by the state board of osteopathy under Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 1, 1963, who has not been granted a license to practice medicine in accordance with this chapter provided that the doctor confines activities within the scope of the license.
(9) Any person licensed by a health related licensing board, as defined in section 214.01, subdivision 2, or registered by the commissioner of health pursuant to section 214.13, including psychological practitioners with respect to the use of hypnosis; provided that the person confines activities within the scope of the license.
(10) A person who practices ritual circumcision pursuant to the requirements or tenets of any established religion.
(11) A Christian Scientist or other person who endeavors to prevent or cure disease or suffering exclusively by mental or spiritual means or by prayer.
(12) A physician licensed to practice medicine in another state who is in this state for the sole purpose of providing medical services at a competitive athletic event. The physician may practice medicine only on participants in the athletic event. A physician shall first register with the board on a form developed by the board for that purpose. The board shall not be required to adopt the contents of the form by rule. The physician shall provide evidence satisfactory to the board of a current unrestricted license in another state. The board shall charge a fee of $50 for the registration.
(13) A psychologist licensed under section 148.91
148.907 or a social worker licensed under section 148B.21
who uses or supervises the use of a penile or vaginal
plethysmograph in assessing and treating individuals suspected of
engaging in aberrant sexual behavior and sex offenders.
Sec. 2. Minnesota Statutes 1994, section 148.88, is amended to read:
148.88 [CITATION.]
Sections 148.88 to 148.98 and the rules adopted under
them, shall be cited as the Minnesota licensing law for
psychologists psychology practice act.
Sec. 3. Minnesota Statutes 1994, section 148.881, is amended to read:
148.881 [DECLARATION OF POLICY.]
The practice of psychology in Minnesota affects the public health, safety, and welfare. The regulations in sections 148.88 to 148.98 protect the public from the practice of psychology by unqualified persons and from unethical or unprofessional conduct by persons licensed to practice psychology.
Sec. 4. Minnesota Statutes 1994, section 148.89, subdivision 2a, is amended to read:
Subd. 2a. [CLIENT.] "Client" means a each person
or legal, religious, academic, organizational, business,
governmental, or other entity that receives, received, or
should have received, or arranged for another entity to
receive services from a person regulated under sections
148.88 to 148.98. For the purposes of sections 148.88 to 148.98,
"client" includes may include patient
and, resident, counselee, evaluatee, and, as
limited in the rules of conduct, student, supervisee, or research
subject. In the case of dual clients, the psychologist must be
aware of the responsibilities to each client, and of the
potential for divergent interests of each client.
Sec. 5. Minnesota Statutes 1994, section 148.89, subdivision 5, is amended to read:
Subd. 5. [PRACTICE OF PSYCHOLOGY.] "Practice of psychology" means the observation, description, evaluation, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures, to prevent or eliminate symptomatic, maladaptive, or undesired behavior and to enhance interpersonal relationships, work and life adjustment, personal and organizational effectiveness, behavioral health, and mental health. The practice of psychology includes, but is not limited to, the following services, regardless of whether the provider receives payment for the services:
(1) psychological research, psychological testing, teaching of psychology, and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning;
(2) counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and diagnosis and treatment of:
(i) mental and emotional disorder or disability;
(ii) alcoholism and substance abuse;
(iii) disorders of habit or conduct; and
(iv) the psychological aspects of physical illness or
condition, accident, injury, or disability; and
(v) bereavement issues;
(vi) family or relationship issues; and
(vii) work-related issues; and
(3) psychoeducational evaluation, therapy, remediation, and
consultation. Recipients of psychological services include
individuals, families, groups, organizations, and the
public.
Sec. 6. Minnesota Statutes 1994, section 148.89, is amended by adding a subdivision to read:
Subd. 6a. [SENIOR PRACTITIONER.] "Senior practitioner" means a person who:
(1) has been issued a license, certificate, or registration at the doctoral level for at least 15 years to practice psychology in another jurisdiction; and
(2) has had no disciplinary action taken against the license, certificate, or registration during the person's entire period of licensure, certification, or registration.
Sec. 7. Minnesota Statutes 1994, section 148.90, subdivision 1, is amended to read:
Subdivision 1. [BOARD OF PSYCHOLOGY.] (a) The board of psychology is created with the powers and duties described in this section. The board has 11 members who consist of:
(1) three persons licensed as licensed psychologists who have a doctoral degree in psychology;
(2) two persons licensed as licensed psychologists who have a master's degree in psychology;
(3) two psychologists, not necessarily licensed, one with a doctoral degree in psychology who represents a doctoral training program in psychology, and one who represents a master's degree training program in psychology;
(4) one person licensed or qualified to be licensed as a psychological practitioner; and
(5) three public members.
(b) After the date on which fewer than 30 percent of the
persons licensed by the board as licensed psychologists qualify
for licensure under section 148.921, subdivision 2
148.907, subdivision 3, paragraph (b), the first vacancy
filled under paragraph (a), clause (2), must shall
be filled by a person licensed or qualified to be licensed as a
licensed psychological practitioner. From this date on,
this position when vacant must shall be filled by a
person licensed or qualified to be licensed as a licensed
psychological practitioner.
(c) After the date on which fewer than 15 percent of the
persons licensed by the board as licensed psychologists qualify
for licensure under section 148.921, subdivision 2
148.907, subdivision 3, paragraph (b), the first vacancy
under paragraph (a), clause (2), for a person licensed as
a licensed psychologist with a master's degree in psychology
must shall be filled by a person licensed as
a licensed psychologist who has a doctoral degree in
psychology. From this date on, this position when vacant
must shall be filled by a person licensed as a
licensed psychologist who has a doctoral degree in
psychology.
(d) Following the filling of the first vacancy under
paragraph (c), no further appointments shall be made pursuant to
paragraph (a), clause (2).
Sec. 8. Minnesota Statutes 1994, section 148.90, subdivision 2, is amended to read:
Subd. 2. [MEMBERS.] (a) The members of the board shall:
(1) be appointed by the governor;
(2) be residents of the state;
(3) serve for not more than two consecutive terms;
(4) designate the officers of the board; and
(5) administer oaths pertaining to the business of the board.
(b) A public member of the board shall broadly represent
the public interest and shall not:
(1) be a psychologist, psychological practitioner, or
engage have engaged in the practice of psychology
before retirement;
(2) be an applicant or former applicant for licensure;
(3) be a member of another health profession;
(4) be a member of a household that includes a psychologist or psychological practitioner; or
(5) have conflicts of interest or the appearance of conflicts with duties as a board member.
Sec. 9. Minnesota Statutes 1994, section 148.905, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The board shall:
(1) adopt and enforce rules for licensing psychologists and
psychological practitioners and for regulating their
professional conduct. The rules must include, but are not
limited to, standards for training, supervision, the practice of
psychology, and any other areas covered by sections 148.88 to
148.98;
(2) adopt rules that provide for examinations and establish
a code of professional ethics and requirements for continuing
education and enforce rules of conduct governing the
practice of psychology;
(3) hold examinations adopt and implement rules for
examinations which shall be held at least once a year to
assess applicants' knowledge and skills. The examinations may be
written or oral or both, and may be administered by the board or
by institutions or individuals designated by the board;
(4) issue licenses to individuals qualified under section
148.91 sections 148.907 and 148.908, according to the
procedures for licensing in Minnesota Rules;
(5) issue copies of the rules for licensing to all applicants;
(6) establish and maintain annually a register of current licenses;
(7) establish reasonable and collect fees for the
issuance and renewal of licenses and other services by the board.
Fees must shall be set to defray the cost of
administering the provisions of sections 148.88 to 148.98
including costs for applications, examinations,
enforcement, materials, and the cost of maintaining
the operations of the board;
(8) educate the public about the requirements for licensing of
psychologists and of psychological practitioners and about
the code of professional ethics rules of conduct,
to allow consumers enable the public to file
complaints against applicants or licensees who may have
violated licensing requirements or professional ethics
the psychology practice act; and
(9) adopt and implement requirements for continuing education and establish or approve programs that qualify for professional psychology continuing educational credit. The board may hire consultants, agencies, or professional psychological associations to establish and approve continuing education courses.
Sec. 10. [148.906] [LEVELS OF PRACTICE.]
The board may grant licenses for levels of psychological practice to be known as (1) licensed psychologist and (2) licensed psychological practitioner.
Sec. 11. [148.907] [LICENSED PSYCHOLOGIST.]
Subdivision 1. [EFFECTIVE DATE.] After August 1, 1991, no person shall engage in the independent practice of psychology unless that person is licensed as a licensed psychologist.
Subd. 2. [REQUIREMENTS FOR LICENSURE AS A LICENSED PSYCHOLOGIST.] To become licensed by the board as a licensed psychologist, an applicant shall comply with the following requirements:
(1) pass an examination in psychology;
(2) pass a professional responsibility examination on the practice of psychology;
(3) pass any other examinations as required by board rules;
(4) pay nonrefundable fees to the board for applications, processing, testing, renewals, and materials;
(5) have attained the age of majority, be of good moral character, and have no unresolved disciplinary action or complaints pending in the state of Minnesota or any other jurisdiction;
(6) have a doctoral degree with a major in psychology from a regionally accredited educational institution meeting the standards the board has established by rule; and
(7) have completed at least two full years or the equivalent of postdoctoral supervised psychological employment.
Subd. 3. [MASTER'S LEVEL LICENSURE AS A LICENSED PSYCHOLOGIST AFTER AUGUST 1, 1991.] (a) A person licensed in this state as a licensed consulting psychologist or a licensed psychologist before August 1, 1991, qualifies for licensure as a licensed psychologist, as described in subdivision 2, at the time of license renewal.
(b) Providing all other licensure requirements have been satisfactorily met, the board shall grant licensure as a licensed psychologist to a person who:
(1) before November 1, 1991, entered a graduate program at a regionally accredited educational institution granting a master's or doctoral degree with a major in psychology which meets the standards the board has established by rule;
(2) before December 31, 1997, earned a master's degree or a master's equivalent in a doctoral program at a regionally accredited educational institution and complied with requirements of subdivision 2, clauses (1) to (5), except that the nonrefundable fees for licensure are payable at the time an application for licensure is submitted; and
(3) before December 31, 1998, completed at least two full years or the equivalent of post-master's supervised psychological employment, which may include a predoctoral internship.
(c) Notwithstanding paragraph (b), the board shall not grant licensure as a licensed psychologist under this subdivision unless the applicant demonstrates that the applicant was a resident of Minnesota on October 31, 1992, and meets all the requirements for licensure under this subdivision.
Subd. 4. [CONVERTING FROM MASTER'S TO DOCTORAL LEVEL LICENSURE.] To convert from licensure as a licensed psychologist at the master's or master's equivalent level to licensure at the doctoral level, a licensed psychologist shall have:
(1) completed an application provided by the board;
(2) had an official transcript documenting the conferral of the doctoral degree sent directly from the educational institution to the board;
(3) paid a nonrefundable fee;
(4) successfully completed two full years or the equivalent of supervised psychological employment, which shall not include a predoctoral internship, after earning a master's degree or a master's equivalent in a doctoral program;
(5) successfully completed a predoctoral internship meeting the standards the board has established by rule; and
(6) received a doctoral degree with a major in psychology from a regionally accredited educational institution meeting the standards the board has established by rule.
Sec. 12. [148.908] [LICENSED PSYCHOLOGICAL PRACTITIONER.]
Subdivision 1. [SCOPE OF PRACTICE.] A licensed psychological practitioner shall practice only under supervision that satisfies the requirements of section 148.925 and while employed by either a licensed psychologist or a health care or social service agency which employs or contracts with a supervising licensed psychologist who shares clinical responsibility for the care provided by the licensed psychological practitioner.
Subd. 2. [REQUIREMENTS FOR LICENSURE AS A LICENSED PSYCHOLOGICAL PRACTITIONER.] To become licensed by the board as a licensed psychological practitioner, an applicant shall comply with the following requirements:
(1) pass an examination in psychology;
(2) pass a professional responsibility examination on the practice of psychology;
(3) pass any other examinations as required by board rules;
(4) pay nonrefundable fees to the board for applications, processing, testing, renewals, and materials;
(5) attained the age of majority, be of good moral character, and have no unresolved disciplinary action or complaints pending in the state of Minnesota or any other jurisdiction; and
(6) have received a doctoral or master's degree or the equivalent of a master's degree in a doctoral program with a major in psychology from a regionally accredited educational institution meeting the standards the board has established by rule.
Sec. 13. Minnesota Statutes 1994, section 148.911, is amended to read:
148.911 [CONTINUING EDUCATION.]
When the licensee renews the license, the licensee must
provide the board with satisfactory evidence that the licensee
has completed continuing education requirements established by
the board. Continuing education programs must be approved under
section 148.905, subdivision 1, clause (9). The board shall
establish by rule the number of
continuing education training hours required each year and may specify subject or skills areas that the licensee must address. In specifying subject or skills areas, the board shall consider the need for continuing education requirements in the areas of ethics, forensic practice, and supervision.
Upon application for license renewal, a licensee shall provide the board with satisfactory evidence that the licensee has completed continuing education requirements established by the board. Continuing education programs shall be approved under section 148.905, subdivision 1, clause (9). The board shall establish by rule the number of continuing education training hours required each year and may specify subject or skills areas that the licensee shall address.
Sec. 14. [148.915] [RECIPROCITY.]
Subdivision 1. [GENERALLY.] The board may grant a license to a diplomate of the American Board of Professional Psychology or to any person who at the time of application is licensed, certified, or registered to practice psychology by a board of another state and who meets the licensure requirements under section 148.907, subdivision 2. The board, at its discretion, may elect not to require the examination in psychology under section 148.907, subdivision 2, clause (1), if the person was licensed in another state before the examination was required for licensure in that state. An applicant seeking licensure under this section shall pass a professional responsibility examination on the practice of psychology and any other examinations as required by the board.
Subd. 2. [SENIOR PRACTITIONER.] The board, at its discretion, may grant a license as a licensed psychologist to a senior practitioner who has completed less than two years of postdegree supervised employment. An applicant seeking licensure under this section shall pass a professional responsibility examination and pass any other examinations as required by the board, pertaining to the practice of psychology.
Sec. 15. [148.916] [GUEST LICENSURE.]
Subdivision 1. [GENERALLY.] If a nonresident of the state of Minnesota, who is not seeking licensure in this state, and who has been issued a license, certificate, or registration by another jurisdiction to practice psychology at the doctoral level, wishes to practice in Minnesota for more than seven calendar days, the person shall apply to the board for guest licensure, provided that the psychologist's practice in Minnesota is limited to no more than 30 days per calendar year. Application under this section shall be made no less than 30 days prior to the expected date of practice in Minnesota and shall be subject to approval by the board or its designee. The board shall charge a nonrefundable fee for guest licensure. The board shall adopt rules to implement this section.
Subd. 2. [PSYCHOLOGICAL CONSULTATIONS.] Notwithstanding subdivision 1, a nonresident of the state of Minnesota, who is not seeking licensure in this state, may serve as an expert witness, presenter, or educator without obtaining guest licensure, provided the person is appropriately trained, educated, or has been issued a license, certificate, or registration by another jurisdiction.
Subd. 3. [DISASTER OR EMERGENCY RELIEF WORKERS.] The requirements of subdivision 1 do not apply to psychologists sent to this state for the sole purpose of responding to a disaster or emergency relief effort of this state government, the federal government, the American Red Cross, or other disaster or emergency relief organization as long as the psychologist is not practicing in Minnesota for longer than 30 days and the American Red Cross, disaster or emergency relief organization, or government can certify the psychologist's assignment in this state. The board or its designee, at its discretion, may grant an extension to the 30-day time limitation of this subdivision.
Subd. 4. [PROHIBITIONS AND SANCTIONS.] A person's privilege to practice under this section is subject to the prohibitions and sanctions for unprofessional or unethical conduct contained in Minnesota laws and rules.
Sec. 16. Minnesota Statutes 1994, section 148.925, is amended to read:
148.925 [SUPERVISION.]
Subdivision 1. [SUPERVISION.] For the purpose of meeting the requirements of this section, supervision means documented in-person consultation between either: (1) a supervising licensed psychologist and a licensed psychological practitioner; or (2) a supervising licensed psychologist or a mental health professional designated by the supervising licensed psychologist and an applicant for licensure as a licensed psychologist. The supervision shall be adequate to assure the quality and competence of the activities supervised. Supervisory consultation shall include discussions on the nature and content of the practice of the supervisee, including, but not limited to, a review of a representative sample of psychological services in the supervisee's practice.
Subd. 2. [SUPERVISED PSYCHOLOGICAL EMPLOYMENT.] Supervised psychological employment means paid or volunteer work experience and postdegree training of a person seeking to be licensed as a licensed psychologist that involves the professional oversight by a licensed psychologist and satisfies the supervision requirements in subdivision 5.
Subd. 3. [PERSONS QUALIFIED TO PROVIDE SUPERVISION.]
(a) Only the following persons are qualified to provide
supervision for master's degree level applicants for licensure as
a licensed psychologist Supervision of a master's level
applicant for licensure as a licensed psychologist shall be
provided by a person:
(1) who is a licensed psychologist with a
competency competencies both in supervision in
professional the practice of psychology and in the
area of practice activities being supervised;
and
(2) a person who either is eligible for licensure as a
licensed psychologist under section 148.91 or is eligible for
licensure by reciprocity, and who, in the judgment of the board,
is competent or experienced in supervising professional
psychology and in the area of practice being supervised.
who has a doctoral degree with a major in psychology, who is
employed by a regionally accredited educational institution or
employed by a federal, state, county, or local government
institution, agency, or research facility, and who has
competencies both in supervision in the practice of psychology
and in the activities being supervised, provided the supervision
is being provided and the activities being supervised occur
within that regionally accredited educational institution or
federal, state, county, or local government institution, agency,
or research facility; or
(3) who is eligible for licensure as a licensed psychologist by reciprocity with competencies both in supervision in the practice of psychology and in the activities being supervised.
(b) Professional Supervision of a doctoral level
applicant for licensure as a licensed psychologist must
shall be provided by a person:
(1) who meets the requirements of paragraph (a), clause (1)
or (2), and is a licensed psychologist with a doctoral
degree and with competencies both in supervision in the practice
of psychology and in the activities being supervised;
(2)(i) who has a doctorate degree with a major in
psychology, or
(ii) who has a doctoral degree with a major in
psychology, who is employed by a regionally accredited
educational institution or is employed by a federal, state,
county, or local government institution, agency, or research
facility, and who has competencies both in supervision in the
practice of psychology and in the activities being supervised,
provided the supervision is being provided and the activities
being supervised occur within that regionally accredited
educational institution or federal, state, county, or local
government institution, agency, or research facility;
(3) who is eligible for licensure by reciprocity with competencies both in supervision in the practice of psychology and in the activities being supervised; or
(4) who is a licensed psychologist who was licensed
by the board as a psychologist before August 1, 1991,
and is certified by the board as competent in with
competencies both in supervision of applicants for
licensure in the practice of psychology and in the
activities being supervised.
Subd. 2. 4. [SUPERVISORY CONSULTATION FOR A
LICENSED PSYCHOLOGICAL PRACTITIONER.] (a) Supervisory
consultation between a supervising licensed psychologist and a
supervised licensed psychological practitioner must
shall be at least one hour in duration and shall occur on
a one-to-one an individual, in-person basis at a
ratio of at least. A minimum of one hour of
supervision per month is required for the initial 20 or
fewer hours of psychological services delivered per month and
no less than one hour a month. The consultation must be at least
one hour in duration. For each additional 20 hours of
psychological services delivered per month, an additional hour of
supervision must occur per month is required.
However, if When more than 20 hours of
psychological services are provided in a week, no time
period more than one hour of supervision beyond one
hour is required per week is required, but
supervision must be adequate to assure the quality and competence
of the services. Supervisory consultation must include
discussions on the nature and content of the practice of the
psychological practitioner, including but not limited to a review
of a representative sample of psychological services in the
supervisee's practice.
(b) Subd. 5. [SUPERVISORY CONSULTATION FOR AN
APPLICANT FOR LICENSURE AS A LICENSED PSYCHOLOGIST.] Supervision
of an applicant for licensure as a licensed psychologist
must shall include at least two hours of regularly
scheduled face-to-face in-person consultations
a per week for full-time employment, one hour of
which must shall be with the supervisor on a
one-to-one an individual basis. The remaining hour
may be with other master's or doctoral prepared mental
health professionals designated by the supervisor. The board may
approve an exception to the weekly supervision requirement for a
week when the supervisor was ill or otherwise unable to provide
supervision. The board may prorate the two hours per week of
supervision for persons preparing for licensure on a part-time
basis. Supervised psychological employment does not qualify
for licensure when the supervisory consultation is not adequate
as described in subdivision 1, or in the board rules.
Subd. 6. [SUPERVISEE DUTIES.] Persons preparing for licensure as a licensed psychologist during their postdegree supervised employment may perform as part of their training any functions specified in section 148.89, but only under qualified supervision.
Subd. 3. 7. [WAIVER OF SUPERVISION
REQUIREMENTS.] (a) An applicant for licensure as a
licensed psychologist who entered supervised employment before
August 1, 1991, may request a waiver from the board of the
supervision requirements in this section in order to continue
supervision under the board rules in effect before August 1,
1991.
(b) The board shall grant a waiver from the supervision requirements of subdivision 4 to a licensed psychological practitioner who presents evidence of:
(1) completion of two full years or the equivalent of supervised post-master's degree employment, meeting the requirements of subdivision 5 as it relates to preparation for licensure as a licensed psychologist;
(2) endorsement for specific areas of competency by the licensed psychologist who provided the two years of supervision;
(3) employment by a hospital or by a community mental health center or nonprofit mental health clinic or social service agency providing services as a part of the mental health service plan required by the comprehensive mental health act;
(4) the employer's acceptance of clinical responsibility for the care provided by the licensed psychological practitioner; and
(5) a plan which is satisfactory to the board for supervising the work of the licensed psychological practitioner.
(c) After December 31, 1993, the supervision requirements must be deemed waived for a person who previously received a waiver under paragraph (b) and is seeking a new waiver because of a change of employment to a different employer or employment setting. The deemed waiver continues until the board either grants or denies the waiver. A person who has been denied a waiver is entitled to appeal the decision using a contested case hearing. The person must request a hearing within 30 days after receiving notice from the board that the request for a waiver has been denied. A deemed waiver under this paragraph continues until the appeal has been resolved.
Sec. 17. Minnesota Statutes 1994, section 148.941, subdivision 2, is amended to read:
Subd. 2. [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF DISCIPLINARY ACTION.] (a) The board may impose disciplinary action as described in paragraph (b) against an applicant or licensee whom the board, by a preponderance of the evidence, determines:
(1) has violated a statute, rule, or order that the board issued or is empowered to enforce;
(2) has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the conduct relates to the practice of psychology, that adversely affects the person's ability or fitness to practice psychology;
(3) has engaged in unprofessional conduct or any other conduct which has the potential for causing harm to the public, including any departure from or failure to conform to the minimum standards of acceptable and prevailing practice without actual injury having to be established;
(4) has been convicted of or has pled guilty or nolo contendere to a felony or other crime, an element of which is dishonesty or fraud, or has been shown to have engaged in acts or practices tending to show that the applicant or licensee is incompetent or has engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to engage in the practice of psychology;
(5) has employed fraud or deception in obtaining or renewing a
license, or in passing the an examination;
(6) has had a psychology license, certificate, right
registration, privilege to examine take an
examination, or other similar authority denied,
revoked, suspended, canceled, limited, or not renewed for cause
in any state, commonwealth, or territory of the United States,
the District of Columbia, or any foreign country
jurisdiction;
(7) has failed to meet any requirement for the issuance or renewal of the person's license. The burden of proof is on the applicant or licensee to demonstrate the qualifications or satisfy the requirements for a license under the psychology practice act;
(8) has failed to cooperate with an investigation of the board
as required under subdivision 4; or
(9) has violated the code of ethics adopted by the
board.
For the purposes of clause (7), the burden of proof is on the
applicant to demonstrate the qualifications or satisfy the
requirements for a license under sections 148.88 to
148.98.
has demonstrated an inability to practice psychology with reasonable skill and safety to clients due to any mental or physical illness or condition; or
(10) has engaged in fee splitting. This clause does not apply to the distribution of revenues from a partnership, group practice, nonprofit corporation, or professional corporation to its partners, shareholders, members, or employees if the revenues consist only of fees for services performed by the licensee or under a licensee's administrative authority. Fee splitting includes, but is not limited to:
(i) paying, offering to pay, receiving, or agreeing to receive a commission, rebate, or remuneration, directly or indirectly, primarily for the referral of clients;
(ii) dividing fees with another person or a professional corporation, unless the division is in proportion to the services provided and the responsibility assumed by each professional;
(iii) referring a client to any health care provider as defined in section 144.335 in which the referring licensee has a significant financial interest unless the licensee has disclosed in advance to the client the licensee's own financial interest; and
(iv) dispensing for profit any instrument, test, procedure, or device, unless the licensee has disclosed in advance to the client the licensee's own profit interest.
(b) If grounds for disciplinary action exist under paragraph (a), the board may take one or more of the following actions:
(1) refuse to grant or renew a license;
(2) revoke a license;
(3) suspend a license;
(4) impose limitations or conditions on a licensee's practice of psychology, including, but not limited to, limiting the scope of practice to designated competencies, imposing retraining or rehabilitation requirements, requiring the licensee to practice under supervision, or conditioning continued practice on the demonstration of knowledge or skill by appropriate examination or other review of skill and competence;
(5) censure or reprimand the licensee; or
(6) refuse to permit an applicant to take the licensure
examination or refuse to release an applicant's examination grade
if the board finds that it is in the public interest.;
or
(7) impose a disciplinary fee not exceeding $10,000 for each separate violation. The amount of the disciplinary fee shall be fixed so as (i) to deprive the applicant or licensee of any economic advantage gained by reason of the violation charged and (ii) to reimburse the board for the cost of the investigation and proceeding, including but not limited to, the costs of legal and investigative services provided by the office of the attorney general and the costs of legal services provided by the office of administrative hearings.
(c) In lieu of or in addition to paragraph (b), the board may require, as a condition of continued licensure, termination of suspension, reinstatement of license, examination, or release of examination grades, that the applicant or licensee:
(1) submit to a quality review, as specified by the board, of the applicant's or licensee's ability, skills, or quality of work; and
(2) complete to the satisfaction of the board educational courses specified by the board.
(d) Service of the order is effective if the order is served on the applicant, licensee, or counsel of record personally or by mail to the most recent address provided to the board for the licensee, applicant, or counsel of record. The order shall state the reasons for the entry of the order.
Sec. 18. Minnesota Statutes 1994, section 148.941, subdivision 4, is amended to read:
Subd. 4. [COOPERATION OF APPLICANT APPLICANTS OR
LICENSEE FOR LICENSEES WITH INVESTIGATIONS.] (a) An
applicant or licensee of the board who is the subject of an
investigation or who is questioned in connection with an
investigation by or on behalf of the board shall cooperate fully
with the investigation. Cooperation includes responding fully and
promptly to any question raised by or on behalf of the board
relating to the subject of the investigation, executing all
releases requested by the board, providing copies of client
records, as reasonably requested by the board to assist it in its
investigation, and appearing at conferences or hearings scheduled
by the board or its staff. The board shall pay reasonable
costs for copies requested.
(b) If the board does not have a written consent from a client
permitting access to the client's records, the licensee may
delete any data in the record which identifies
identify the client before providing it to the board. The
board shall maintain any records obtained pursuant to this
section as investigative data pursuant to chapter 13.
Sec. 19. Minnesota Statutes 1994, section 148.941, is amended by adding a subdivision to read:
Subd. 5. [EVIDENCE OF PAST SEXUAL CONDUCT.] In a proceeding for the suspension or revocation of a license or other disciplinary action for unethical or unprofessional conduct involving sexual contact with a client or former client, the board or administrative law judge shall not consider evidence of the client's previous sexual conduct nor shall any reference to this conduct be made during the proceedings or in the findings, except by motion of the client, unless the evidence would be admissible under applicable provisions of section 609.347, subdivision 3.
Sec. 20. Minnesota Statutes 1994, section 148.941, is amended by adding a subdivision to read:
Subd. 6. [VIOLATION.] Persons who engage in the unlicensed practice of psychology or who misrepresent themselves as psychologists or psychological practitioners are guilty of a misdemeanor.
Sec. 21. Minnesota Statutes 1994, section 148.96, is amended to read:
148.96 [PRESENTATION TO PUBLIC.]
Subdivision 1. [REQUIREMENTS FOR ADVERTISING
PROFESSIONAL IDENTIFICATION.] All psychologists and
psychological practitioners licensees, when
representing themselves to the public through in
activities relating to the practice of psychology, including
in written materials or advertising, must use their
shall identify the academic degree upon which their
licensure is based, as well as their license status in the
advertising or written materials level
of licensure.
Subd. 2. [DISCLOSURE OF EDUCATION.] At the initial meeting, a
psychologist licensee shall display or make
available to each new client accurate information about the
qualifications and competencies of the psychologist
licensee, in accordance with regulations of the board.
Subd. 3. [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.]
Individuals (a) Unless licensed under sections 148.88
to 148.98, except as provided in paragraphs (b) through (d),
persons shall not present themselves or permit themselves to
be presented to the public as psychologists by:
(1) using any title or description of services incorporating the words "psychology," "psychological," or "psychologist;" or
(2) representing that the person has expert qualifications
in an area of psychology unless they are licensed under
sections 148.88 to 148.98, except as provided in paragraphs (a)
to (c).
(a) (b) Psychologically trained individuals who
are employed by an educational institution recognized by a
regional accrediting organization, by a federal, state, county,
or local government institution, agencies, or research
facilities, may represent themselves by the title designated by
that organization.
(b) (c) A psychologically trained individual from
an institution described in paragraph (a) (b) may
offer lecture services and be is exempt from the
provisions of this section.
(c) (d) A person who is preparing for the
profession practice of psychologist
psychology under qualified supervision in
recognized training institutions or facilities in
accordance with board statutes and rules may be designated as
a "psychological intern," "psychological trainee," or by other
terms clearly describing the person's training status.
(d) (e) Nothing in this section shall be
construed to prohibit the practice of school psychology by a
person licensed in accordance with chapter 125.
Subd. 4. [PERSONS OR TECHNIQUES NOT REGULATED BY THIS BOARD.] (a) Nothing in sections 148.88 to 148.98 shall be construed to limit the occupational pursuits consistent with their training and codes of ethics of professionals such as teachers in recognized public and private schools, members of the clergy, physicians, social workers, school psychologists, alcohol or drug counselors, optometrists, or attorneys. However, in such performance any title used shall be in accordance with section 148.96.
(b) Use of psychological techniques by business and industrial organizations for their own personnel purposes or by employment agencies or state vocational rehabilitation agencies for the evaluation of their own clients prior to recommendation for employment is also specifically allowed. However, no representative of an industrial or business firm or corporation may sell, offer, or provide any psychological services as specified in section 148.89 unless such services are performed or supervised by individuals licensed under section 148.88 to 148.98.
Subd. 5. [OTHER PROFESSIONS NOT AUTHORIZED.] Nothing in sections 148.88 to 148.98 shall be construed to authorize a person licensed under sections 148.88 to 148.98 to engage in the practice of any profession regulated under Minnesota law unless the person is duly licensed or registered in that profession.
Sec. 22. Minnesota Statutes 1994, section 148.975, is amended to read:
148.975 [DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT BEHAVIOR OF PATIENT.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section and section 148.976.
(b) "Other person" means an immediate family member or someone
who personally knows the patient client and has
reason to believe the patient client is capable of
and will carry out the serious, specific threat of harm to a
specific, clearly identified or identifiable victim.
(c) "Practitioner" means a psychologist, school
psychologist, nurse, chemical dependency counselor, or social
worker who is licensed by the state or who performs psychotherapy
within a program or facility licensed by the state or established
pursuant to rules adopted under section 245.69, subdivision
2.
(d) "Psychotherapy" means the professional treatment,
assessment, or counseling of a mental or emotional illness,
symptom, or condition.
(e) "Reasonable efforts" means communicating the
serious, specific threat to the potential victim and if unable to
make contact with the potential victim, communicating the
serious, specific threat to the law enforcement agency closest to
the potential victim or the patient client.
Subd. 2. [LIABILITY STANDARD.] No monetary liability and no
cause of action may arise against a practitioner for failure to
predict, warn of, or take reasonable precautions to provide
protection from, a patient's violent behavior, unless the patient
or other person has communicated to the practitioner a specific,
serious threat of physical violence against a specific, clearly
identified or identifiable potential victim.
Subd. 3. [DUTY TO WARN.] The duty to predict, warn of,
or take reasonable precautions to provide protection from,
violent behavior arises only under the limited circumstances
specified in subdivision 2 when a client or other person
has communicated to the licensee a specific, serious threat of
physical violence against a specific, clearly identified or
identifiable potential victim. If a duty to warn
arises, the duty is discharged by the practitioner
licensee if reasonable efforts, as defined in
subdivision 1, paragraph (c), are made to communicate the
threat to the potential victim.
Subd. 3. [LIABILITY STANDARD.] If no duty to warn exists under subdivision 2, then no monetary liability and no cause of action may arise against a licensee for failure to predict, warn of, or take reasonable precautions to provide protection from, a client's violent behavior.
Subd. 4. [DISCLOSURE OF CONFIDENCES.] No monetary liability
and no cause of action, or disciplinary action by the state board
of psychology or board of nursing may arise against a
practitioner for disclosing confidences to third parties in a
good-faith effort to discharge a duty arising under this
section. Good faith compliance with the duty to warn
shall not constitute a breach of confidence and shall not result
in monetary liability or a cause of action against the
licensee.
Subd. 5. [CONTINUITY OF CARE.] Nothing in subdivision 3
2 shall be construed to authorize a practitioner
licensee to terminate treatment of a patient
client as a direct result of a patient's
client's violent behavior or threat of physical violence
unless the patient client is referred to another
practitioner or appropriate health care facility.
Subd. 6. [EXCEPTION.] This section does not apply to a threat
to commit suicide or other threats by a patient
client to harm the patient client, or to a
threat by a patient client who is adjudicated
mentally ill and dangerous under chapter 253B.
Subd. 7. [OPTIONAL DISCLOSURE.] Nothing in section 148.975 shall be construed to prohibit a licensee from disclosing confidences to third parties in a good-faith effort to warn against or take precautions against a client's violent behavior or threat to commit suicide for which a duty to warn does not arise.
Subd. 8. [LIMITATION ON LIABILITY.] No monetary liability and no cause of action, or disciplinary action by the board may arise against a licensee for disclosure of confidences to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure of confidences to third parties in a good-faith effort to warn against or take precautions against a client's violent behavior or threat of suicide for which a duty to warn does not arise.
Sec. 23. Minnesota Statutes 1994, section 148.98, is amended to read:
148.98 [CODE OF ETHICS RULES OF CONDUCT.]
The board shall adopt a code of ethics rules of
conduct to govern an applicant's or licensee's practices or
behavior. The board shall publish the code rules
in the State Register and file the code rules with
the secretary of state at least 30 days prior to the effective
date of the code rules. The code of ethics
rules of conduct shall include, but is not limited to, the
principles in paragraphs (a) to through (c).
(a) The psychologist Applicants or licensees
shall recognize the boundaries of the psychologist's
their competence and the limitation
limitations of the psychologist's their
techniques and shall not offer services or use techniques that
fail to meet usual and customary professional standards.
(b) The psychologist An applicant or licensee who
engages in practice shall assist clients in obtaining
professional help for all important aspects of their
the client's problems that fall outside the boundaries of
the psychologist's applicant's or licensee's
competence.
(c) A psychologist Applicants or licensees shall
not claim either directly or by implication professional
qualifications that differ from the psychologist's
their actual qualifications, nor shall the
psychologist they misrepresent the psychologist's
affiliation their affiliations with any institution,
organization, or individual, nor lead others to assume an
affiliation affiliations that does do
not exist.
Sec. 24. Minnesota Statutes 1994, section 253B.02, subdivision 11, is amended to read:
Subd. 11. [LICENSED PSYCHOLOGIST.] "Licensed psychologist"
means a person as defined by section 148.91, subdivision 4
licensed by the board of psychology and possessing the
qualifications for licensure provided in section 148.907.
Sec. 25. [REPEALER.]
Minnesota Statutes 1994, sections 148.89, subdivisions 6, 7, and 8; 148.91; 148.93; 148.951; and 148.97; and Minnesota Statutes 1995 Supplement, section 148.921, are repealed."
Delete the title and insert:
"A bill for an act relating to occupations and professions; board of psychology; modifying board duties; changing types of licensure; changing licensure provisions; providing for discipline; providing penalties; amending Minnesota Statutes 1994, sections 148.88; 148.881; 148.89, subdivisions 2a, 5, and by adding a subdivision; 148.90, subdivisions 1 and 2; 148.905, subdivision 1; 148.911; 148.925; 148.941, subdivisions 2, 4, and by adding subdivisions; 148.96; 148.975; 148.98; 253B.02, subdivision 11; Minnesota Statutes 1995 Supplement, section 147.09; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 1994, sections 148.89, subdivisions 6, 7, and 8; 148.91; 148.93; 148.951; and 148.97; Minnesota Statutes 1995 Supplement, section 148.921."
The motion prevailed and the amendment was adopted.
Leppik moved to amend S. F. No. 842, as amended, as follows:
Page 20, line 2, after "charged" insert a period
Page 20, delete lines 3 to 7
The motion did not prevail and the amendment was not adopted.
Knight moved to amend S. F. No. 842, as amended, as follows:
Page 19, line 35, delete "$10,000" and insert "$5,000"
The motion prevailed and the amendment was adopted.
S. F. No. 842, A bill for an act relating to occupations and professions; board of psychology; modifying board duties; changing types of licensure; changing licensure provisions; providing for discipline; providing penalties; amending Minnesota Statutes 1994, sections 148.88; 148.881; 148.89, subdivisions 2a and 5; 148.90, subdivisions 1 and 2; 148.905, subdivision 1; 148.911; 148.925; 148.941, subdivisions 2, 4, and by adding subdivisions; 148.96; 148.975; 148.98; 253B.02, subdivision 11; Minnesota Statutes 1995 Supplement, section 147.09; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 1994, sections 148.89, subdivisions 6, 7, and 8; 148.91; 148.93; 148.951; and 148.97; Minnesota Statutes 1995 Supplement, section 148.921.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Skoglund Anderson, B. Frerichs Koppendrayer Olson, M. Smith Anderson, R. Garcia Kraus Onnen Solberg Bakk Girard Larsen Opatz Stanek Bertram Goodno Leighton Orenstein Swenson, D. Bettermann Greenfield Leppik Orfield Swenson, H. Bishop Greiling Lieder Osskopp Sykora Boudreau Gunther Lindner Osthoff Tomassoni Bradley Haas Long Ostrom Tompkins Brown Harder Lourey Otremba Trimble Carlson, L. Hasskamp Luther Ozment Tuma Carlson, S. Hausman Lynch Paulsen Tunheim Carruthers Holsten Macklin Pawlenty Van DellenThose who voted in the negative were:
JOURNAL OF THE HOUSE - 94th Day - Top of Page 8121
Clark Huntley Mahon Pellow Van Engen Commers Jaros Mares Pelowski Vickerman Cooper Jefferson Mariani Perlt Wagenius Daggett Jennings Marko Peterson Warkentin Dauner Johnson, A. McCollum Pugh Weaver Davids Johnson, R. McElroy Rest Wejcman Dawkins Johnson, V. McGuire Rhodes Wenzel Dehler Kahn Milbert Rice Winter Dempsey Kalis Molnau Rostberg Wolf Dorn Kelley Mulder Rukavina Worke Entenza Kelso Munger Sarna Workman Erhardt Kinkel Murphy Schumacher Sp.Anderson,I Farrell Knight Ness Seagren
KrinkieThe bill was passed, as amended, and its title agreed to.
H. F. No. 2781, A bill for an act relating to taxation; providing for taxation of certain property managed or owned by certain public entities or partnerships which include such entities; authorizing creation of joint powers boards for purposes of housing ownership and management; amending Minnesota Statutes 1994, sections 469.040, by adding a subdivision; and section 471.59, by adding a subdivision.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Opatz Sviggum Anderson, B. Frerichs Kraus Orenstein Swenson, D. Anderson, R. Garcia Larsen Orfield Swenson, H. Bakk Girard Leppik Osskopp Sykora Bertram Goodno Lieder Osthoff Tomassoni Bettermann Greiling Lindner Ostrom Tompkins Bishop Gunther Long Otremba Trimble Boudreau Haas Lourey Ozment Tuma Bradley Hackbarth Luther Paulsen Tunheim Brown Harder Lynch Pawlenty Van Dellen Carlson, L. Hasskamp Mahon Pellow Van Engen Carlson, S. Hausman Mares Pelowski Vickerman Carruthers Holsten Mariani Perlt Wagenius Clark Huntley Marko Peterson Warkentin Commers Jaros McCollum Pugh Weaver Cooper Jefferson McElroy Rest Wejcman Daggett Jennings McGuire Rhodes Wenzel Dauner Johnson, A. Milbert Rostberg Winter Davids Johnson, R. Molnau Rukavina Wolf Dawkins Johnson, V. Mulder Sarna Worke Dehler Kahn Munger Schumacher Workman Dempsey Kalis Murphy Seagren Sp.Anderson,I Dorn Kelley Ness Skoglund Entenza Kelso Olson, E. Smith Erhardt Kinkel Olson, M. Solberg Farrell Knoblach Onnen StanekThose who voted in the negative were:
Knight KrinkieThe bill was passed and its title agreed to.
H. F. No. 2256, A bill for an act relating to economic development; changing classification of the director of tourism; modifying provisions relating to business finance programs and the competitiveness task force; abolishing the main street program and the rural development board; transferring authority for certain programs; amending Minnesota Statutes 1994, sections 16B.06, subdivision 2; 116J.01, subdivision 5; 116J.581, subdivisions 2 and 4; and 116J.980, subdivision 1; Minnesota Statutes 1995 Supplement, sections 116J.58, subdivision 1; 116J.581, subdivision 1; 116J.655;
116N.03, subdivision 2; and 116N.06; repealing Minnesota Statutes 1994, sections 116J.981; 116N.01, subdivision 2; 116N.02, subdivisions 2, 3, 4, and 5; 116N.04; and 116N.07; Minnesota Statutes 1995 Supplement, section 116N.02, subdivision 1; Minnesota Rules, part 4370.0010, subpart 3.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Garcia Kraus Olson, M. Smith Anderson, B. Girard Krinkie Onnen Solberg Anderson, R. Goodno Larsen Opatz Stanek Bakk Greenfield Leighton Orenstein Sviggum Bertram Greiling Leppik Orfield Swenson, D. Bettermann Gunther Lieder Osskopp Swenson, H. Boudreau Haas Lindner Osthoff Sykora Bradley Hackbarth Long Ostrom Tomassoni Brown Harder Lourey Otremba Tompkins Carlson, L. Hasskamp Luther Ozment Trimble Carlson, S. Hausman Lynch Paulsen Tuma Carruthers Holsten Macklin Pawlenty Tunheim Clark Huntley Mahon Pellow Van Dellen Commers Jaros Mares Pelowski Van Engen Cooper Jefferson Mariani Perlt Vickerman Daggett Jennings Marko Peterson Wagenius Dauner Johnson, A. McCollum Pugh Warkentin Davids Johnson, R. McElroy Rest Weaver Dawkins Johnson, V. McGuire Rhodes Wejcman Dehler Kahn Milbert Rice Wenzel Dempsey Kelley Molnau Rostberg Winter Dorn Kelso Mulder Rukavina Wolf Erhardt Kinkel Munger Sarna Worke Farrell Knight Murphy Schumacher Workman Finseth Knoblach Ness Seagren Sp.Anderson,I Frerichs Koppendrayer Olson, E. SkoglundThe bill was passed and its title agreed to.
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:
S. F. No. 2760; H. F. Nos. 3055, 1922, 2402, 2493 and 2193; S. F. No. 1879; and H. F. Nos. 2590, 2419, 2841, 2215 and 2314.
S. F. No. 2760, A bill for an act relating to agriculture; providing an exception to alien ownership of agricultural land for production of timber and forestry products; amending Minnesota Statutes 1994, section 500.221, subdivision 2.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abrams Frerichs Knoblach Ness Solberg Anderson, B. Garcia Koppendrayer Olson, E. Stanek Anderson, R. Girard Kraus Onnen Sviggum Bakk Goodno Krinkie Orenstein Swenson, D. Bertram Greenfield Larsen Orfield Swenson, H. Bettermann Greiling Leighton Osskopp Sykora Bishop Gunther Leppik Osthoff Tomassoni Boudreau Haas Lieder Ostrom Tompkins Bradley Hackbarth Lindner Otremba Trimble Brown Harder Long Ozment Tuma Carlson, L. Hasskamp Lourey Paulsen Tunheim Carlson, S. Hausman Luther Pawlenty Van Dellen Carruthers Holsten Lynch Pelowski Van Engen Clark Huntley Macklin Perlt Vickerman Commers Jaros Mahon Peterson Wagenius Cooper Jefferson Mares Pugh Warkentin Daggett Jennings Mariani Rest Weaver Dauner Johnson, A. Marko Rhodes Wejcman Davids Johnson, R. McCollum Rice Wenzel Dawkins Johnson, V. McElroy Rostberg Winter Dehler Kahn McGuire Rukavina WolfThose who voted in the negative were:
JOURNAL OF THE HOUSE - 94th Day - Top of Page 8123
Dempsey Kalis Milbert Sarna Worke Dorn Kelley Molnau Schumacher Workman Erhardt Kelso Mulder Seagren Sp.Anderson,I Farrell Kinkel Munger Skoglund Finseth Knight Murphy Smith
Olson, M.The bill was passed and its title agreed to.
H. F. No. 3055, A bill for an act relating to the housing finance agency; making technical and policy changes to the low-income housing tax credit program; amending Minnesota Statutes 1994, sections 462A.222, subdivisions 1, 1a, 3, and 4; 462A.223, subdivision 2; and 462C.05, by adding a subdivision.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Koppendrayer Olson, M. Solberg Anderson, B. Garcia Kraus Onnen Stanek Anderson, R. Girard Krinkie Opatz Sviggum Bakk Goodno Larsen Orenstein Swenson, D. Bertram Greenfield Leighton Orfield Swenson, H. Bettermann Greiling Leppik Osskopp Sykora Bishop Gunther Lieder Osthoff Tomassoni Boudreau Haas Lindner Ostrom Tompkins Bradley Hackbarth Long Otremba Trimble Brown Harder Lourey Ozment Tuma Carlson, L. Hasskamp Luther Paulsen Tunheim Carlson, S. Hausman Lynch Pawlenty Van Dellen Carruthers Holsten Macklin Pellow Van Engen Clark Huntley Mahon Pelowski Vickerman Commers Jaros Mares Perlt Wagenius Cooper Jefferson Mariani Peterson Warkentin Daggett Jennings Marko Pugh Weaver Dauner Johnson, A. McCollum Rest Wejcman Davids Johnson, R. McElroy Rhodes Wenzel Dawkins Johnson, V. McGuire Rice Winter Dehler Kahn Milbert Rostberg Wolf Dempsey Kalis Molnau Rukavina Worke Dorn Kelley Mulder Sarna Workman Entenza Kelso Munger Schumacher Sp.Anderson,I Erhardt Kinkel Murphy Seagren Farrell Knight Ness Skoglund Finseth Knoblach Olson, E. SmithThe bill was passed and its title agreed to.
Bishop was excused for the remainder of today's session.
H. F. No. 1922, A bill for an act relating to highways; authorizing cities to establish a municipal involvement process for certain trunk highway construction or reconstruction projects; providing for appointment of task forces for those projects and prescribing their powers; amending Minnesota Statutes 1994, sections 161.172; 161.173; 161.174; and 161.177.
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 97 yeas and 34 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Greenfield Larsen Onnen Skoglund Bakk Greiling Leighton Opatz Smith Bertram Gunther Long Orenstein Solberg Brown Hackbarth Lourey Orfield Stanek Carlson, L. Hasskamp Luther Osskopp Sviggum Carruthers Hausman Lynch Osthoff Swenson, D. Clark Huntley Macklin Ostrom Tomassoni Cooper Jaros Mahon Otremba Trimble Daggett Jefferson Mares Ozment Tuma Dauner Jennings Mariani Pelowski Tunheim Dawkins Johnson, A. Marko Perlt Wagenius Dempsey Johnson, R. McCollum Peterson Warkentin Dorn Johnson, V. McElroy Pugh Weaver Entenza Kahn McGuire Rest Wejcman Farrell Kalis Milbert Rhodes Wenzel Finseth Kelley Mulder Rice Winter Frerichs Kelso Munger Rostberg Sp.Anderson,I Garcia Kinkel Murphy Rukavina Girard Koppendrayer Ness Sarna Goodno Kraus Olson, E. SchumacherThose who voted in the negative were:
Abrams Commers Knight Paulsen Van Dellen Anderson, B. Davids Knoblach Pawlenty Van Engen Bettermann Dehler Krinkie Pellow Vickerman Boudreau Erhardt Leppik Seagren Wolf Bradley Haas Lindner Swenson, H. Worke Broecker Harder Molnau Sykora Workman Carlson, S. Holsten Olson, M. TompkinsThe bill was passed and its title agreed to.
H. F. No. 2402 was reported to the House.
Swenson, D., and Osthoff moves to amend H. F. No. 2402, the first engrossment, as follows:
Page 4, after line 32, insert:
"Sec. 4. Minnesota Statutes 1994, section 168.12, subdivision 2a, is amended to read:
Subd. 2a. [PERSONALIZED PLATES; RULES.] Personalized license plates must be issued to an applicant for registration of a passenger automobile including a passenger automobile registered as a classic car, pioneer car, collector car, or street rod; van; pickup truck as defined in section 168.011, subdivision 29, and any other truck with a registered gross weight of 9,000 pounds or less and commonly known as a pickup truck; motorcycle including a classic motorcycle; or self-propelled recreational vehicle, upon compliance with the laws of this state relating to registration of the vehicle and upon payment of a one-time fee of $100 in addition to the registration tax required by law for the vehicle. The registrar shall designate a replacement fee for personalized license plates that is calculated to cover the cost of replacement. This fee must be paid by the applicant whenever the personalized license plates are required to be replaced by law. In lieu of the numbers assigned as provided in subdivision 1, personalized license plates must have imprinted on them a series of not more than seven numbers and letters in any combination. When an applicant has once obtained personalized plates, the applicant shall have a prior claim for similar personalized plates in the next succeeding year as long as current registration is maintained. The commissioner of public safety
shall adopt rules in the manner provided by chapter 14, regulating the issuance and transfer of personalized license plates. No words or combination of letters placed on personalized license plates may be used for commercial advertising, be of an obscene, indecent, or immoral nature, or be of a nature that would offend public morals or decency. The call signals or letters of a radio or television station are not commercial advertising for the purposes of this subdivision.
Notwithstanding the provisions of subdivision 1, personalized license plates issued under this subdivision may be transferred to another motor vehicle owned or jointly owned by the applicant, upon the payment of a fee of $5, which must be paid into the state treasury and credited to the highway user tax distribution fund. The registrar may by rule provide a form for notification. A personalized license plate issued for a classic car, pioneer car, collector car, street rod, or classic motorcycle may not be transferred to a vehicle not eligible for such a license plate.
Notwithstanding any law to the contrary, if the personalized license plates are lost, stolen, or destroyed, the applicant may apply and shall receive duplicate license plates bearing the same combination of letters and numbers as the former personalized plates upon the payment of the fee required by section 168.29.
Fees from the sale of permanent and duplicate personalized license plates must be paid into the state treasury and credited to the highway user tax distribution fund."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 2402, A bill for an act relating to motor vehicles; abolishing vehicle registration tax exemption for representatives of foreign powers; allowing special license plates for certain persons to be issued to owner of certain trucks; removing restriction on time to apply for disability plates; changing fee and certain administrative procedures relating to the registration program for fleet vehicles; abolishing requirements to keep records of motor vehicles not using the highways and to prepare certain unnecessary reports; making various technical changes; amending Minnesota Statutes 1994, sections 168.021, subdivision 1; 168.12, subdivision 2b; 168.127; 168.325, subdivision 1; 168.33, subdivision 6; and 168.34; Minnesota Statutes 1995 Supplement, sections 168.012, subdivision 1; and 168.10, subdivision 1i; repealing Minnesota Statutes 1994, section 168.33, subdivisions 4 and 5.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Knoblach Ness Skoglund Anderson, B. Garcia Koppendrayer Olson, E. Smith Anderson, R. Girard Kraus Olson, M. Solberg Bakk Goodno Krinkie Onnen Stanek Bertram Greenfield Larsen Opatz Sviggum Bettermann Greiling Leighton Orenstein Swenson, D. Boudreau Gunther Leppik Orfield Swenson, H. Bradley Haas Lieder Osthoff Sykora Broecker Hackbarth Lindner Ostrom Tomassoni Brown Harder Long Otremba Tompkins Carlson, L. Hasskamp Lourey Ozment Trimble Carlson, S. Hausman Luther Paulsen Tuma Carruthers Holsten Lynch Pawlenty Tunheim Commers Huntley Macklin Pellow Van Dellen Cooper Jaros Mahon Pelowski Van Engen Daggett Jefferson Mares Perlt Vickerman Dauner Jennings Mariani Peterson Wagenius Davids Johnson, A. Marko Pugh Weaver Dawkins Johnson, R. McCollum Rest Wejcman Dehler Johnson, V. McElroy Rhodes Wenzel Dempsey Kahn McGuire Rice Winter Dorn Kalis Milbert Rostberg Wolf Entenza Kelley Molnau Rukavina Worke Erhardt Kelso Mulder Sarna Workman Farrell Kinkel Munger Schumacher Sp.Anderson,I Finseth Knight Murphy SeagrenThe bill was passed, as amended, and its title agreed to.
H. F. No. 2493 was reported to the House.
Kahn and Jefferson moved to amend H. F. No. 2493, the first engrossment, as follows:
Page 8, line 25, strike "and" and insert "or"
Page 8, line 26, after "service" insert ", disability" and after "pensioner" insert a comma
Page 8, lines 27 and 28, reinstate the stricken language and delete the new language
Page 8, line 28, after "before" insert "the member's" and after "department" insert "or for at least five years before the member's death if the marriage occurred after retirement"
The motion prevailed and the amendment was adopted.
Rhodes moved to amend H. F. No. 2493, the first engrossment, as amended, as follows:
Page 7, after line 23, insert:
"Sec. 7. [ST. LOUIS PARK; EXCLUSIONS FROM POLICE AND FIREFIGHTERS CIVIL SERVICE.]
Notwithstanding Minnesota Statutes, chapters 419 and 420, or any other law to the contrary, in the city of St. Louis Park, all positions and all employees in the fire and police departments are excluded from civil service except for full-time peace officers or full-time firefighters."
Page 8, after line 8, insert:
"Subd. 5. [ST. LOUIS PARK POLICE AND FIRE.] Section 7 takes effect the day after the chief clerical officer of the city of St. Louis Park complies with Minnesota Statutes, section 645.021, subdivision 3."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Garcia and Mahon moved to amend H. F. No. 2493, the first engrossment, as amended, as follows:
Page 3, delete article 2, sections 1 and 2
Pages 5 and 6, delete section 5
Page 7, delete lines 25 to 31 and renumber the remaining subdivisions
Pages 10 to 20, delete article 4, sections 1 and 2
Page 24, line 7, delete "and"
Page 24, line 8, reinstate the stricken language
Page 24, line 9, reinstate the stricken language
Page 26, line 34, delete "43.2 percent of the salary base, Richfield fire"
Page 26, line 35, delete "department relief association;"
Page 26, line 36, delete "(13)"
Page 27, line 10, delete "(14)" and insert "(13)"
Page 27, line 12, delete "(15)" and insert "(14)"
Page 27, line 14, delete "(16)" and insert "(15)"
Page 27, line 16, delete "(17)" and insert "(16)"
Pages 27 to 34, delete sections 5 and 6
Page 36, delete lines 20 to 23
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 2493, A bill for an act relating to retirement; modifying provisions of various local pension plans; making miscellaneous benefit and administrative changes; amending Minnesota Statutes 1994, sections 353B.07, subdivision 3; 353B.08, subdivision 6; 353B.11, subdivisions 1, 3, 4, and 5; and 353B.13; Laws 1965, chapter 519, section 1, as amended; Laws 1967, chapter 798, sections 2 and 4; Laws 1992, chapter 563, section 5; Laws 1994, chapter 490, section 2; and Laws 1995, chapter 262, article 7, section 1.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 123 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Koppendrayer Olson, E. Smith Anderson, R. Garcia Kraus Onnen Solberg Bakk Girard Larsen Opatz Stanek Bertram Goodno Leighton Orenstein Sviggum Bettermann Greenfield Leppik Orfield Swenson, D. Boudreau Greiling Lieder Osthoff Swenson, H. Bradley Gunther Lindner Ostrom Sykora Broecker Haas Long Otremba Tomassoni Brown Hackbarth Lourey Ozment Tompkins Carlson, L. Harder Luther Paulsen Trimble Carlson, S. Hasskamp Lynch Pawlenty Tunheim Carruthers Hausman Macklin Pellow Van Dellen Clark Holsten Mahon Pelowski Van Engen Commers Huntley Mares Perlt Vickerman Cooper Jaros Mariani Peterson Wagenius Daggett Jefferson Marko Pugh Warkentin Dauner Jennings McCollum Rest Weaver Davids Johnson, A. McElroy Rhodes Wejcman Dawkins Johnson, R. McGuire Rice Wenzel Dempsey Johnson, V. Milbert Rostberg Wolf Dorn Kahn Molnau Rukavina Worke Entenza Kelley Mulder Sarna Workman Erhardt Kelso Munger Schumacher Sp.Anderson,I Farrell Kinkel Murphy Seagren Finseth Knoblach Ness SkoglundThose who voted in the negative were:
Anderson, B. Krinkie Tuma Knight Olson, M.The bill was passed, as amended, and its title agreed to.
S. F. No. 1879, A bill for an act relating to medical assistance; combining the alternative care program and the home- and community-based services waiver for the elderly program.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Koppendrayer Olson, M. Stanek Anderson, B. Garcia Kraus Onnen Sviggum Anderson, R. Girard Krinkie Opatz Swenson, D. Bakk Goodno Larsen Orenstein Swenson, H. Bertram Greenfield Leighton Orfield Sykora Bettermann Greiling Leppik Osthoff Tomassoni Boudreau Gunther Lieder Ostrom Tompkins Bradley Haas Lindner Otremba Trimble Broecker Hackbarth Long Ozment Tuma Brown Harder Lourey Paulsen Tunheim Carlson, L. Hasskamp Luther Pawlenty Van Dellen Carlson, S. Hausman Lynch Pellow Van Engen Carruthers Holsten Macklin Pelowski Vickerman Clark Huntley Mahon Perlt Wagenius Commers Jaros Mares Peterson Warkentin Cooper Jefferson Mariani Pugh Weaver Daggett Jennings Marko Rest Wejcman Dauner Johnson, A. McCollum Rhodes Wenzel Davids Johnson, R. McElroy Rice Winter Dawkins Johnson, V. McGuire Rostberg Wolf Dehler Kahn Milbert Rukavina Worke Dempsey Kalis Molnau Sarna Workman Dorn Kelley Mulder Schumacher Sp.Anderson,I Entenza Kelso Munger Seagren Erhardt Kinkel Murphy Skoglund Farrell Knight Ness Smith Finseth Knoblach Olson, E. SolbergThe bill was passed and its title agreed to.
H. F. No. 2419 was reported to the House.
Brown moved that H. F. No. 2419 be temporarily laid over on Special Orders. The motion prevailed.
H. F. No. 2841, A bill for an act relating to employment; modifying provisions regarding minimum wages; increasing penalties; modifying employer liability provisions; imposing a penalty; changing inclusions in earnings statement; amending Minnesota Statutes 1994, sections 177.27, subdivisions 2, 4, and by adding subdivisions; 177.30; and 181.032; proposing coding for new law in Minnesota Statutes, chapter 181; repealing Minnesota Statutes 1994, sections 177.27, subdivision 6; 177.33; and 181.17.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Onnen Stanek Anderson, B. Frerichs Kraus Opatz Sviggum Anderson, R. Garcia Larsen Orenstein Swenson, D. Bakk Girard Leighton Orfield Swenson, H. Bertram Goodno Leppik Osskopp Sykora Bettermann Greenfield Lieder Osthoff Tomassoni Boudreau Greiling Lindner Ostrom Tompkins Bradley Gunther Long Otremba Trimble Broecker Haas Lourey Ozment Tuma Brown Hackbarth Luther Paulsen Tunheim Carlson, L. Harder Lynch Pawlenty Van Dellen Carlson, S. Hasskamp Macklin Pellow Van Engen Carruthers Hausman Mahon Pelowski Vickerman Clark Holsten Mares Perlt Wagenius Commers Huntley Mariani Peterson Warkentin Cooper Jaros Marko Pugh WeaverThose who voted in the negative were:
JOURNAL OF THE HOUSE - 94th Day - Top of Page 8129
Daggett Jefferson McCollum Rest Wejcman Dauner Jennings McElroy Rhodes Wenzel Davids Johnson, A. McGuire Rice Winter Dawkins Johnson, R. Milbert Rostberg Wolf Dehler Johnson, V. Molnau Rukavina Worke Delmont Kahn Mulder Sarna Workman Dempsey Kalis Munger Schumacher Sp.Anderson,I Dorn Kelley Murphy Seagren Entenza Kelso Ness Skoglund Erhardt Kinkel Olson, E. Smith Farrell Knoblach Olson, M. Solberg
Knight KrinkieThe bill was passed and its title agreed to.
H. F. No. 2419 which was temporarily laid over earlier today on Special Orders was again reported to the House.
Brown, Ostrom and Johnson, V., moved to amend H. F. No. 2419, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1995 Supplement, section 216B.2424, is amended to read:
216B.2424 [BIOMASS POWER MANDATE.]
Subdivision 1. [FARM GROWN CLOSED-LOOP BIOMASS.] For the purposes of this section, "farm grown closed-loop biomass" means biomass, as defined in section 216C.051, subdivision 7, that:
(1) is intentionally cultivated, harvested, and prepared, in whole or in part, for use as a fuel for the generation of electricity;
(2) has a beneficial effect on the fertility or stability of the agricultural soil in which it is produced;
(3) benefits the quality of surface waters near the production site and downstream;
(4) when combusted, releases an amount of carbon dioxide that is less than or approximately equal to the carbon dioxide absorbed by the biomass fuel during its growing cycle; and
(5) is fired in an electric generating facility that is:
(i) located in such proximity to the site of the biomass production that the negative environmental impacts in the host region of the facility resulting from transporting and combusting the biomass are offset in that region by the environmental benefits of the biomass production; and
(ii) designed to use biomass to meet at least 75 percent of its fuel requirements.
Among the biomass fuel sources that meet the requirements of clauses (2) to (4) are poplar, aspen, willow, switch grass, sorghum, alfalfa, and cultivated prairie grass.
Subd. 2. [EXEMPTION.] (a) A biomass project proposing to use, as its regular fuel over the life of the project, short rotation woody crops may use as an interim fuel agricultural waste and other biomass which is not farm grown closed-loop biomass for up to six years, provided the project developer demonstrates the project will use farm grown closed-loop biomass as its regular fuel after the interim period.
(b) Fuel sources that are not farm grown closed-loop biomass may be used to satisfy up to 25 percent of the regular, non-interim fuel requirements of a biomass power facility selected to satisfy the biomass power mandate in subdivision 3.
Subd. 3. [MANDATE.] A public utility, as defined in section 216B.02, subdivision 4, that operates a nuclear-powered electric generating plant within this state must construct and operate, purchase, or contract to construct and operate (1) by December 31, 1998, 50 megawatts of electric energy installed capacity generated by farm grown closed-loop biomass scheduled to be operational by December 31, 2001; and (2) by December 31, 1998, an additional 75 megawatts of installed capacity so generated scheduled to be operational by December 31, 2002. Of the total 125 megawatts of biomass electric energy installed capacity required under this section, no more than 75 megawatts may be provided by a single project. Of the 75 megawatts of biomass electric energy installed capacity required under clause (2), no more than 25 megawatts of this capacity may be provided by a St. Paul district heating and cooling system cogeneration facility utilizing waste wood as a primary fuel source. The public utility must accept and consider on an equal basis with other proposals a proposal to satisfy the requirements of this section that includes a project that exceeds the megawatt capacity requirements of either clause (1) or (2) and that proposes to sell the excess capacity to the public utility or to other purchasers.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following its final enactment."
The motion prevailed and the amendment was adopted.
H. F. No. 2419, A bill for an act relating to alternative energy; clarifying a mandate for certain utilities to generate electric power using biomass fuel; amending Minnesota Statutes 1995 Supplement, section 216B.2424.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Olson, M. Solberg Anderson, B. Frerichs Kraus Onnen Stanek Anderson, R. Garcia Krinkie Opatz Sviggum Bakk Girard Larsen Orenstein Swenson, D. Bertram Goodno Leighton Orfield Swenson, H. Bettermann Greiling Leppik Osskopp Sykora Boudreau Gunther Lieder Osthoff Tomassoni Bradley Haas Lindner Ostrom Tompkins Broecker Hackbarth Long Otremba Trimble Brown Harder Lourey Ozment Tuma Carlson, L. Hasskamp Luther Paulsen Tunheim Carlson, S. Hausman Lynch Pawlenty Van Dellen Carruthers Holsten Macklin Pellow Van Engen Clark Huntley Mahon Pelowski Vickerman Commers Jaros Mares Perlt Wagenius Cooper Jefferson Mariani Peterson Warkentin Daggett Jennings Marko Pugh Weaver Dauner Johnson, A. McCollum Rest Wejcman Davids Johnson, R. McElroy Rhodes Wenzel Dawkins Johnson, V. McGuire Rice Winter Dehler Kahn Milbert Rostberg Wolf Delmont Kalis Molnau Rukavina Worke Dempsey Kelley Mulder Sarna Workman Dorn Kelso Munger Schumacher Sp.Anderson,I Entenza Kinkel Murphy Seagren Erhardt Knight Ness Skoglund Farrell Knoblach Olson, E. SmithThe bill was passed, as amended, and its title agreed to.
Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.
Carruthers moved that when the House adjourns today it adjourn until 9:00 a.m., Monday, March 11, 1996. The motion prevailed.
Warkentin moved that the names of Pellow and Gunther be added as authors on H. F. No. 2256. The motion prevailed.
Hasskamp moved that the name of Davids be added as an author on H. F. No. 2984. The motion prevailed.
Pawlenty moved that the name of Pellow be added as an author on H. F. No. 3235. 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 negative on Thursday, March 7, 1996, when the vote was taken on the Knight amendment to H. F. No. 2417, the third engrossment, as amended." The motion prevailed.
Bishop moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 7, 1996, when the vote was taken on the final passage of H. F. No. 3243." The motion prevailed.
Ness moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 7, 1996, when the vote was taken on the Van Engen and Hackbarth amendment to H. F. No. 3249, the first engrossment, as amended." The motion prevailed.
Ness moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, March 7, 1996, when the vote was taken on the Trimble et al amendment to H. F. No. 3249, the first engrossment, as amended." The motion prevailed.
Tomassoni moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 7, 1996, when the vote was taken on the Bettermann et al amendment to H. F. No. 3249, the first engrossment, as amended." The motion prevailed.
Otremba moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, March 6, 1996, when the vote was taken on the second Stanek amendment to S. F. No. 2856, as amended." The motion prevailed.
Schumacher moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, March 6, 1996, when the vote was taken on the second Stanek amendment to S. F. No. 2856, as amended." The motion prevailed.
Workman moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Wednesday, March 6, 1996, when the vote was taken on the third Pellow amendment to S. F. No. 2856, as amended." The motion prevailed.
Greenfield moved that H. F. No. 2078, now on General Orders, be returned to its author. The motion prevailed.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3243:
Rice, Mahon, Leighton, Clark and Ozment.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1996:
Dawkins, Ostrom and Swenson, D.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Monday, March 11, 1996.
Edward A. Burdick, Chief Clerk, House of Representatives
Comments: webmaster@house.leg.state.mn.us