Carruthers was excused until 12:35 p.m.

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

S. F. No. 1885 and H. F. No. 2158, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Sykora moved that the rules be so far suspended that S. F. No. 1885 be substituted for H. F. No. 2158 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1915 and H. F. No. 2233, 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. 1915 be substituted for H. F. No. 2233 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2023 and H. F. No. 2389, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Huntley moved that the rules be so far suspended that S. F. No. 2023 be substituted for H. F. No. 2389 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2227 and H. F. No. 2314, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Leppik moved that S. F. No. 2227 be substituted for H. F. No. 2314 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2254 and H. F. No. 2215, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Carruthers moved that the rules be so far suspended that S. F. No. 2254 be substituted for H. F. No. 2215 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2255 and H. F. No. 2425, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Carruthers moved that the rules be so far suspended that S. F. No. 2255 be substituted for H. F. No. 2425 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2260 and H. F. No. 2720, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Dorn moved that the rules be so far suspended that S. F. No. 2260 be substituted for H. F. No. 2720 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2540 and H. F. No. 2811, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Haas moved that the rules be so far suspended that S. F. No. 2540 be substituted for H. F. No. 2811 and that the House File be indefinitely postponed. The motion prevailed.

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

H. F. No. 66, A bill for an act relating to occupations and professions; establishing the board of licensed professional counseling; requiring professional counselors to be licensed; requiring rulemaking; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 116J.70, subdivision 2a; 148A.01, subdivision 5; 148B.60, subdivision 3; 214.01, subdivision 2; 214.04, subdivision 3; and 609.341, subdivision 17; proposing coding for new law in Minnesota Statutes, chapter 148B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1995 Supplement, section 116J.70, subdivision 2a, is amended to read:

Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or "license" does not include the following:

(1) any occupational license or registration issued by a licensing board listed in section 214.01 or any occupational registration issued by the commissioner of health pursuant to section 214.13;

(2) any license issued by a county, home rule charter city, statutory city, township, or other political subdivision;

(3) any license required to practice the following occupation regulated by the following sections:

(a) abstracters regulated pursuant to chapter 386;

(b) accountants regulated pursuant to chapter 326;

(c) adjusters regulated pursuant to chapter 72B;

(d) architects regulated pursuant to chapter 326;

(e) assessors regulated pursuant to chapter 270;

(f) athletic trainers regulated pursuant to chapter 148;

(g) attorneys regulated pursuant to chapter 481;

(h) auctioneers regulated pursuant to chapter 330;

(i) barbers regulated pursuant to chapter 154;

(j) beauticians regulated pursuant to chapter 155A;

(k) boiler operators regulated pursuant to chapter 183;

(l) chiropractors regulated pursuant to chapter 148;

(m) collection agencies regulated pursuant to chapter 332;

(n) cosmetologists regulated pursuant to chapter 155A;

(o) dentists, registered dental assistants, and dental hygienists regulated pursuant to chapter 150A;

(p) detectives regulated pursuant to chapter 326;

(q) electricians regulated pursuant to chapter 326;

(r) embalmers regulated pursuant to chapter 149;

(s) engineers regulated pursuant to chapter 326;

(t) insurance brokers and salespersons regulated pursuant to chapter 60A;

(u) certified interior designers regulated pursuant to chapter 326;

(v) midwives regulated pursuant to chapter 148;

(w) morticians regulated pursuant to chapter 149;

(x) nursing home administrators regulated pursuant to chapter 144A;

(y) optometrists regulated pursuant to chapter 148;

(z) osteopathic physicians regulated pursuant to chapter 147;

(aa) pharmacists regulated pursuant to chapter 151;

(bb) physical therapists regulated pursuant to chapter 148;

(cc) physician assistants regulated pursuant to chapter 147A;

(dd) physicians and surgeons regulated pursuant to chapter 147;

(ee) plumbers regulated pursuant to chapter 326;

(ff) podiatrists regulated pursuant to chapter 153;

(gg) practical nurses regulated pursuant to chapter 148;

(hh) professional fund raisers regulated pursuant to chapter 309;

(ii) psychologists regulated pursuant to chapter 148;

(jj) real estate brokers, salespersons, and others regulated pursuant to chapters 82 and 83;

(kk) registered nurses regulated pursuant to chapter 148;

(ll) securities brokers, dealers, agents, and investment advisers regulated pursuant to chapter 80A;

(mm) steamfitters regulated pursuant to chapter 326;

(nn) teachers and supervisory and support personnel regulated pursuant to chapter 125;

(oo) veterinarians regulated pursuant to chapter 156;

(pp) water conditioning contractors and installers regulated pursuant to chapter 326;

(qq) water well contractors regulated pursuant to chapter 103I;

(rr) water and waste treatment operators regulated pursuant to chapter 115;

(ss) motor carriers regulated pursuant to chapter 221;

(tt) professional corporations regulated pursuant to chapter 319A;

(uu) real estate appraisers regulated pursuant to chapter 82B;

(vv) residential building contractors, residential remodelers, residential roofers, manufactured home installers, and specialty contractors regulated pursuant to chapter 326;

(ww) professional counselors regulated pursuant to chapter 148B;

(4) any driver's license required pursuant to chapter 171;

(5) any aircraft license required pursuant to chapter 360;

(6) any watercraft license required pursuant to chapter 86B;

(7) any license, permit, registration, certification, or other approval pertaining to a regulatory or management program related to the protection, conservation, or use of or interference with the resources of land, air, or water, which is required to be obtained from a state agency or instrumentality; and

(8) any pollution control rule or standard established by the pollution control agency or any health rule or standard established by the commissioner of health or any licensing rule or standard established by the commissioner of human services.

Sec. 2. Minnesota Statutes 1994, section 148A.01, subdivision 5, is amended to read:

Subd. 5. [PSYCHOTHERAPIST.] "Psychotherapist" means a physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, professional counselor, or other person, whether or not licensed by the state, who performs or purports to perform psychotherapy.

Sec. 3. [148B.50] [DEFINITIONS.]

Subdivision 1. [APPLICABILITY.] For the purposes of sections 148B.50 to 148B.593, the following terms have the meanings given.

Subd. 2. [APPROVED SUPERVISOR.] "Approved supervisor" means a licensed professional counselor or other qualified supervisor as determined by the board, who has four years of counseling experience and documents to the board the completion of a training in counseling supervision that included content and experiences relevant to the supervision of counselors, and provides the board a statement detailing the person's supervision philosophy, orientation, and experience.

Subd. 3. [BOARD.] "Board" means the board of licensed professional counseling established by section 148B.51.

Subd. 4. [PROFESSIONAL COUNSELING.] "Professional counseling" means rendering or offering to render to individuals, groups, organizations, or the general public counseling services for compensation involving the application of principles, methods, or procedures of the counseling profession that include, but are not limited to:

(1) counseling, which means assisting an individual or groups, through the counseling relationship, to develop understanding of personal problems, to define goals, and to plan action reflecting an individual's or group's interests, abilities, and needs as they are related to educational progress, occupations, and careers;

(2) professional assessment, which means selecting, administering, scoring, and interpreting instruments designed to assess an individual's attitudes, achievements, and interests and the use of methods and techniques for understanding human behavior in relation to coping with, adapting to, or changing life situations;

(3) counseling, guidance, and personnel consulting, which means interpreting or reporting on scientific fact or theory in counseling, guidance, and personnel services to provide assistance in solving some current or potential problems of individuals, groups, or organizations;

(4) referral activities, which means the evaluating of data to identify problems and to determine advisability of referral to other specialists; and

(5) research activities, which means the designing, conducting, and interpreting of research involving counseling human subjects.

Professional counseling does not include activities or services undertaken by persons listed in section 148B.592, or the performance of any act which licensed professional counselors are not educated and trained to perform. Professional counseling does not include diagnosis or treatment of mental disorders.

Sec. 4. [148B.51] [BOARD OF LICENSED PROFESSIONAL COUNSELING.]

The board of licensed professional counseling consists of 11 members appointed by the governor, including eight professional counselors licensed or eligible for licensure under sections 148B.50 to 148B.593 and three public members as defined in section 214.02. The professional counselor members of the board must include at least one person representing each of the following specialties: school counseling, career development counseling, college counseling, counselor education, employment counseling, and rehabilitation counseling. The board shall annually elect from its membership a chair, vice-chair, and secretary-treasurer. The board shall appoint and employ an executive secretary who is not a member of the board. Chapter 214 applies to the board of licensed professional counseling unless superseded by sections 148B.50 to 148B.593.

Sec. 5. [148B.52] [DUTIES OF THE BOARD.]

The board of licensed professional counseling shall:

(1) establish by rule appropriate techniques, including examinations and other methods, for determining whether applicants and licensees are qualified under sections 148B.50 to 148B.593;

(2) establish by rule standards for professional conduct, including adoption of a code of professional ethics and requirements for continuing education and supervision;

(3) issue licenses to individuals qualified under sections 148B.50 to 148B.593;

(4) establish by rule standards for initial education including coursework for licensure and content of professional education;

(5) establish by rule procedures, including a standard disciplinary process, to ensure that individuals licensed as professional counselors will comply with the board's rules;

(6) establish, maintain, and publish annually a register of current licensees and approved supervisors;

(7) establish initial and renewal application and examination fees sufficient to cover operating expenses of the board and its agents;

(8) educate the public about the existence and content of the rules for professional counselors to enable consumers to file complaints against licensees who may have violated the rules;

(9) evaluate its rules in order to refine the standards for licensing professional counselors and to improve the methods used to enforce the board's standards;

(10) establish rules and regulations pertaining to treatment for impaired practitioners; and

(11) be sensitive to and not discriminate based on the religious or moral values of the licensee or applicant in conducting all board actions relating to licensees or applicants.

Sec. 6. [148B.53] [REQUIREMENTS FOR LICENSURE.]

Subdivision 1. [GENERAL REQUIREMENTS.] To be licensed as a licensed professional counselor (LPC), an applicant must provide evidence satisfactory to the board that the applicant:

(1) is at least 18 years old;

(2) has successfully completed, at a regionally accredited institution of higher education, a master's degree program, including a supervised practicum, that is professional counseling in nature, that meets the specific academic course content and training standards established by the board, and includes a minimum of 48 semester hours;

(3) has completed 24 months or 4,000 hours of postgraduate supervised experience working in a counseling setting that meets the requirements established by the board;

(4) has demonstrated competence in professional counseling by passing an examination prescribed by the board that is written, oral, or situational, or a combination of all three;

(5) will conduct all professional activities as a licensed professional counselor in accordance with standards for professional conduct established by the rules of the board; and

(6) has declared to the board and agrees to continue to declare areas of professional competencies through a statement of professional intent, describing the intended use of the license and the population to be served.

In admitting a student into a master's degree program for completion of the educational requirements of this subdivision, and in evaluating the performance of the student, the institution of higher education shall be sensitive to and not discriminate based on the religious or moral values of the student.

Subd. 1a. [MINIMUM HOUR EFFECTIVE DATE.] The minimum semester hour requirement imposed by subdivision 1, clause (2), is not effective until July 1, 1999. This subdivision expires July 1, 1999.

Subd. 2. [ASSOCIATE COUNSELOR.] To be licensed as a licensed associate counselor (LAC), an applicant must: (1) meet all of the requirements in subdivision 1, clauses (1) and (2) and (4) to (6); (2) declare to the board in the license application special competence, including at least a master's degree in counseling or an appropriately related field as determined by the board; and (3) demonstrate professional competence in at least one specialty area by an examination prescribed by the board, that is written, oral, or situational, or a combination of all three.

Upon examination of credentials, the board may, by a majority of the board members present and voting, consider the credentials adequate evidence of professional competence and approve a license as a licensed associate counselor. A licensed associate counselor may practice only under the direct supervision of an approved supervisor or under a plan for supervision approved by the board prior to actual performance of counseling by the licensed associate counselor.

Subd. 3. [FEE.] Each applicant shall pay a nonrefundable fee set by the board.

Sec. 7. [148B.54] [LICENSE RENEWAL REQUIREMENTS.]

Subdivision 1. [RENEWAL.] Licensees shall renew licenses at the time and in the manner established by the rules of the board.

Subd. 2. [CONTINUING EDUCATION.] At the time of renewal, each licensee shall provide evidence satisfactory to the board that the licensee has completed during each two-year period at least the equivalent of 20 clock hours of professional postdegree continuing education in programs approved by the board and continues to be qualified to practice under sections 148B.50 to 148B.593.

Sec. 8. [148B.55] [LICENSES; TRANSITION PERIOD.]

For three years beginning July 1, 1996, the board shall issue a license without examination to an applicant if the board determines that the applicant satisfies the requirements in section 148B.53, subdivision 1. An applicant licensed under this section must also agree to conduct all professional activities as a professional counselor in accordance with standards for professional conduct established by the board by rule. This section expires July 1, 1999.

Sec. 9. [148B.56] [RECIPROCITY.]

The board may issue an appropriate license to an individual who holds a current license or other credential from another jurisdiction if the board finds that the requirements for that credential are substantially similar to the requirements in sections 148B.50 to 148B.593.

Sec. 10. [148B.57] [SPECIALTY DESIGNATIONS.]

A specialty designation may be added to the license of a professional counselor if the applicant demonstrates to the board that the applicant has met the minimum standards established by a nationally recognized certification agency or, where there is no nationally recognized certification agency, that the applicant has satisfied specific criteria established by the board in rule. A professional counselor may not claim or advertise a counseling specialty unless the specialty designation has been approved by the board.

Sec. 11. [148B.58] [NONTRANSFERABILITY OF LICENSES.]

A professional counseling license is not transferable.

Sec. 12. [148B.59] [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF DISCIPLINARY ACTION; RESTORATION OF LICENSE.]

(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 professional counseling, that adversely affects the person's ability or fitness to practice professional counseling;

(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 professional counseling;

(5) has employed fraud or deception in obtaining or renewing a license, or in passing an examination;

(6) has had a professional counseling license, certificate, registration, privilege to take an examination, or other similar authority denied, revoked, suspended, canceled, limited, or not renewed for cause in any 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 professional counseling act;

(8) has failed to cooperate with an investigation of the board;

(9) has demonstrated an inability to practice professional counseling 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) 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; and

(ii) 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.

(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 professional counseling, 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;

(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 (1) to deprive the applicant or licensee of any economic advantage gained by reason of the violation charged, and (2) 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. 13. [148B.591] [PROHIBITION AGAINST UNLICENSED PRACTICE OR USE OF TITLES; PENALTY.]

Subdivision 1. [PRACTICE.] After the board adopts rules, no individual may engage in the practice of professional counseling unless that individual holds a valid license or is exempt from licensure under section 148B.592.

Subd. 2. [USE OF TITLES.] After the board adopts rules, no individual may be presented to the public by any title incorporating the words "professional counselor," "licensed professional counselor," or "licensed associate counselor" unless that individual holds a valid license issued under sections 148B.50 to 148B.593.

Subd. 3. [PENALTY.] A person who violates this section is guilty of a misdemeanor.

Sec. 14. [148B.592] [EXCEPTIONS TO LICENSE REQUIREMENT.]

Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 148B.50 to 148B.593 prevents members of other professions or occupations from performing functions for which they are qualified or licensed. This exception includes, but is not limited to, licensed physicians, registered nurses, licensed practical nurses, licensed psychologists, probation officers, attorneys, social workers, marriage and family therapists, qualified rehabilitation consultants, natural family planning practitioners certified by the American Academy of Natural Family Planning, and registered occupational therapists or certified occupational therapist assistants. These persons must not, however, use a title incorporating the words "professional counselor," "licensed professional counselor," or "licensed associate counselor" or otherwise hold themselves out to the public by any title or description stating or implying that they are licensed to engage in the practice of professional counseling unless they are licensed under sections 148B.50 to 148B.593.

Subd. 2. [STUDENTS.] Nothing in sections 148B.50 to 148B.593 prevents a student, intern, or trainee enrolled in an accredited program of counseling from engaging in professional counseling as part of the supervised course of study if the person is identified as a "counselor intern."

Subd. 3. [GOVERNMENT AGENCIES; EDUCATIONAL INSTITUTIONS.] Nothing in sections 148B.50 to 148B.593 limits the activities and services of or use of an official title by a person employed as a counselor by a federal, state, county, or municipal agency, or public or private educational institution if the person is performing the activities within the scope of the person's employment.

Subd. 4. [UNLICENSED MENTAL HEALTH SERVICE PRACTITIONERS.] Persons who are engaged in the practice of counseling as unlicensed mental health practitioners as defined in section 148B.60 are exempt from licensure as a professional counselor under sections 148B.50 to 148B.593 if they do not use a title incorporating the words "professional counselor," "licensed professional counselor," or "licensed associate counselor" or otherwise hold themselves out to the public by any title or description stating or implying that they are licensed to engage in the private practice of professional counseling unless they are licensed under sections 148B.50 to 148B.593.

Subd. 5. [NONRESIDENTS.] A nonresident may engage in the practice of professional counseling within the state without a license for up to 30 days during any calendar year if the nonresident is authorized to provide the services under the law of the state or country of residence and the nonresident has provided proof of credentials to the board, been found qualified to render services in the state, and been granted permission by the board to practice.

Subd. 6. [CLERGY.] Nothing in sections 148B.50 to 148B.593 limits the activities and services of a rabbi, priest, minister, or clergyperson of any religious denomination or sect provided such activities and services are within the scope of the performance of regular or specialized ministerial duties.

Subd. 7. [NONPROFIT ORGANIZATIONS AND CHARITIES.] Nothing in sections 148B.50 to 148B.593 limits the activities, services, titles, and descriptions of persons offering volunteer or professional services for public or private nonprofit organizations or charities.

Subd. 8. [EMPLOYMENT COUNSELORS.] Nothing in sections 148B.50 to 148B.593 limits the activities, services, and descriptions of persons providing employment or vocational counseling services.

Sec. 15. [148B.593] [DISCLOSURE OF INFORMATION.]

(a) A person licensed under sections 148B.50 to 148B.593 may not disclose without consent of the client any communication made by the client to the licensee in the course of the practice of professional counseling, nor may any employee of the licensee reveal the information without the consent of the employer or client except as provided under section 626.556 or 626.557.

(b) For purposes of sections 148B.50 to 148B.593, the confidential relations and communications between the licensee and a client are placed upon the same basis as those that exist between a licensed psychologist and client. Nothing in sections 148B.50 to 148B.593 may be construed to require any communications to be disclosed except by court order.

Sec. 16. Minnesota Statutes 1995 Supplement, section 148B.60, subdivision 3, is amended to read:

Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR PRACTITIONER.] "Unlicensed mental health practitioner" or "practitioner" means a person who provides or purports to provide, for remuneration, mental health services as defined in subdivision 4. It does not include persons licensed by the board of medical practice under chapter 147 or registered by the board of medical practice under chapter 147A; the board of nursing under sections 148.171 to 148.285; the board of psychology under sections 148.88 to 148.98; the board of social work under sections 148B.18 to 148B.28; the board of marriage and family therapy under sections 148B.29 to 148B.39; the board of licensed professional counseling under sections 148B.50 to 148B.593; or another licensing board if the person is practicing within the scope of the license; or members of the clergy who are providing pastoral services in the context of performing and fulfilling the salaried duties and obligations required of a member of the clergy by a religious congregation. For the purposes of complaint investigation or disciplinary action relating to an individual practitioner, the term includes:

(1) persons employed by a program licensed by the commissioner of human services who are acting as mental health practitioners within the scope of their employment;

(2) persons employed by a program licensed by the commissioner of human services who are providing chemical dependency counseling services; persons who are providing chemical dependency counseling services in private practice; and

(3) clergy who are providing mental health services that are equivalent to those defined in subdivision 4.

Sec. 17. Minnesota Statutes 1995 Supplement, section 214.01, subdivision 2, is amended to read:

Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related licensing board" means the board of examiners of nursing home administrators established pursuant to section 144A.19, the board of medical practice created pursuant to section 147.01, the board of nursing created pursuant to section 148.181, the board of chiropractic examiners established pursuant to section 148.02, the board of optometry established pursuant to section 148.52, the board of psychology established pursuant to section 148.90, the social work licensing board pursuant to section 148B.19, the board of marriage and family therapy pursuant to section 148B.30, the office of mental health practice established pursuant to section 148B.61, the board of licensed professional counseling established by section 148B.51; the chemical dependency counseling licensing advisory council established pursuant to section 148C.02, the board of dietetics and nutrition practice established under section 148.622, the board of dentistry established pursuant to section 150A.02, the board of pharmacy established pursuant to section 151.02, the board of podiatric medicine established pursuant to section 153.02, and the board of veterinary medicine, established pursuant to section 156.01.

Sec. 18. Minnesota Statutes 1995 Supplement, section 214.04, subdivision 3, is amended to read:

Subd. 3. [OFFICERS; STAFF.] The executive director of each health-related board and the executive secretary of each non-health-related board shall be the chief administrative officer for the board but shall not be a member of the board. The executive director or executive secretary shall maintain the records of the board, account for all fees received by it, supervise and direct employees servicing the board, and perform other services as directed by the board. The executive directors, executive secretaries, and other employees of the following boards shall be hired by the board, and the executive directors or executive secretaries shall be in the unclassified civil service, except as provided in this subdivision:

(1) dentistry;

(2) medical practice;

(3) nursing;

(4) pharmacy;

(5) accountancy;

(6) architecture, engineering, land surveying, landscape architecture, geoscience, and interior design;

(7) barber examiners;

(8) cosmetology;

(9) electricity;

(10) teaching;

(11) peace officer standards and training;

(12) social work;

(13) marriage and family therapy; and

(14) dietetics and nutrition practice; and

(15) professional counseling.

The executive directors or executive secretaries serving the boards are hired by those boards and are in the unclassified civil service, except for part-time executive directors or executive secretaries, who are not required to be in the unclassified service. Boards not requiring full-time executive directors or executive secretaries may employ them on a part-time basis. To the extent practicable, the sharing of part-time executive directors or executive secretaries by boards being serviced by the same department is encouraged. Persons providing services to those boards not listed in this subdivision, except executive directors or executive secretaries of the boards and employees of the attorney general, are classified civil service employees of the department servicing the board. To the extent practicable, the commissioner shall ensure that staff services are shared by the boards being serviced by the department. If necessary, a board may hire part-time, temporary employees to administer and grade examinations.

Sec. 19. Minnesota Statutes 1994, section 609.341, subdivision 17, is amended to read:

Subd. 17. "Psychotherapist" means a person who is or purports to be a physician, psychologist, nurse, chemical dependency counselor, social worker, marriage and family counselor, professional counselor, or other mental health service provider; or any other person, whether or not licensed by the state, who performs or purports to perform psychotherapy.

Sec. 20. [INITIAL BOARD.]

Notwithstanding Minnesota Statutes, section 148B.51, members of the first board appointed under that section need not be licensed, but must meet all qualifications, other than payment of fees, to be eligible for licensure under Minnesota Statutes, sections 148B.50 to 148B.593.

Sec. 21. [APPROPRIATION.]

$190,000 is appropriated from the state government special revenue fund to the professional counseling licensing board for the purposes of sections 3 to 15 to be available until July 1, 1997.

Sec. 22. [REPEALER.]

Minnesota Statutes 1994, sections 148B.60, subdivisions 1, 2, 4, 5, 6, 7, and 8; 148B.61, subdivisions 1 and 2; 148B.63; 148B.64; 148B.65; 148B.66, subdivision 2; 148B.67; 148B.68, subdivisions 2 and 3; 148B.69; 148B.70; and 148B.71; Minnesota Statutes 1995 Supplement, sections 148B.60, subdivision 3; 148B.61, subdivision 3; 148B.66, subdivision 1; and 148B.68, subdivision 1; and section 14, subdivision 4, are repealed.

Sec. 23. [EFFECTIVE DATE.]

Sections 1 to 21 are effective July 1, 1996. Section 22 is effective July 1, 1997."

Delete the title and insert:

"A bill for an act relating to occupations and professions; establishing the board of licensed professional counseling; requiring professional counselors to be licensed; requiring rulemaking; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 148A.01, subdivision 5; and 609.341, subdivision 17; Minnesota Statutes 1995 Supplement, sections 116J.70, subdivision 2a; 148B.60, subdivision 3; 214.01, subdivision 2; and 214.04, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 148B; repealing Minnesota Statutes 1994, sections 148B.60, subdivisions 1, 2, 4, 5, 6, 7, and 8; 148B.61, subdivisions 1 and 2; 148B.63; 148B.64; 148B.65; 148B.66, subdivision 2; 148B.67; 148B.68, subdivisions 2 and 3; 148B.69; 148B.70; and 148.71; Minnesota Statutes 1995 Supplement, sections 148B.60, subdivision 3; 148B.61, subdivision 3; 148B.66, subdivision 1; and 148B.68, subdivision 1."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2264, A bill for an act relating to parks and recreation; adding to and deleting from state parks.

Reported the same back with the following amendments:

Page 1, after line 20, insert:

"Subd. 2. [85.012] [Subd. 32a] [LAC QUI PARLE STATE PARK, LAC QUI PARLE COUNTY.] The following areas are added to Lac qui Parle state park:

(1) The Northwest Quarter of the Southwest Quarter of Section 12, Township 118 North, Range 42 West.

(2) The North One Half of the Southeast Quarter, the Southwest Quarter of the Northeast Quarter, and the Southeast Quarter of the Southeast Quarter of Section 11, in Township 118 North, Range 42 West, except the following parts taken by the state of Minnesota as part of the Lac qui Parle project:

(i) a tract of land described as follows: Beginning at the Northeast Corner of Section 14, in Township 118 North, Range 42 West, thence South 1283 feet measured along the East line of said Section 14, thence in a Northwesterly direction along the 945 contour line of the Lac qui Parle project as now surveyed across the Northeast Quarter of the Northeast Quarter, of said Section 14, a distance of 1385 feet to the place where said contour line intersects the North line of said Section 14 thence East along the North line of said Section, 507.2 feet to the point of beginning; and

(ii) a tract of land described as follows: Beginning at a point on the West line of Section 13, in Township 118 North, Range 42 West of the Fifth Principal Meridian, 560 feet South of the Northwest Corner of said Section where the Westerly right-of-way line of the highway as now located across said Section intersects the West line of said Section, thence Southerly along the Westerly right-of-way line of highway 1255 feet to the point where the 945 contour line of the Lac qui Parle project intersects the Westerly line of the highway, thence Northwesterly on a line which bears North 73 Degrees 55 Minutes West a distance of 75 feet; thence along a line which bears North 44 Degrees 44 Minutes West a distance of 578.2 feet to the West line of said Section 13, thence North along the West line of said Section 723 feet to the point of beginning."

Page 1, line 21, delete "2" and insert "3"

Page 2, line 2, delete "3" and insert "4"

Page 2, line 6, delete "4" and insert "5"

Page 2, line 14, delete "5" and insert "6"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 3123, A bill for an act relating to elections; permitting simultaneous candidacy for nomination by major and minor parties with their consent under certain conditions; amending Minnesota Statutes 1994, sections 200.02, subdivision 7, and by adding a subdivision; 204B.04, subdivision 2, and by adding a subdivision; 204D.10, subdivision 2; 204D.12; and 204D.13, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 204B.06, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 2, before the first "party" insert "minor political" and delete "is" and insert "should become"

Page 2, line 9, delete "and" and insert a comma and before the period, insert ", and

(1) has presented at least one candidate:

(i) for a partisan office voted on statewide at the preceding state general election who received votes in each county that in the aggregate equal at least one percent of the total number of individuals who voted in the election; or

(ii) for a legislative office who received votes from at least ten percent of the total number of individuals who voted for that office; or

(2) whose members present to the secretary of state a petition containing the signatures of party members in a number equal to:

(i) at least one percent of the total number of individuals voting in the preceding state general election; or

(ii) at least ten percent of the total number of individuals voting in the preceding state general election for a legislative office for which the party presented a candidate"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 3273, A bill for an act relating to public administration; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing issuance of bonds; appropriating money; amending Minnesota Statutes 1994, sections 16B.335, subdivision 3, and by adding a subdivision; 41B.19, subdivision 1; 94.16, subdivision 3; 124C.73, subdivision 1; 134.45, subdivision 5; 268.917; and 475.58, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 473.894, subdivision 11; and 473.901, subdivision 1; Laws 1994, chapter 643, sections 19, subdivision 8, as amended; 21, subdivision 4, as amended; and 35, subdivision 3; Laws 1995, First Special Session chapter 2, article 1, section 13; proposing coding for new law in Minnesota Statutes, chapters 116J; 243; 268; and 446A; repealing Minnesota Statutes 1994, sections 446A.071, subdivisions 1, 3, 4, 5, 6, 7, and 8; Minnesota Statutes 1995 Supplement, sections 446A.071, subdivision 2; Laws 1994, chapter 643, section 24, subdivision 3.

Reported the same back with the following amendments:

Page 2, line 30, delete "27,950,000" and insert "57,950,000"

Page 2, delete lines 31 and 32

Page 3, line 63, after "need" insert "and shall take into consideration the recommendations and priorities of the council on disability"

Page 9, line 9, after "general" insert "or the commissioner of administration, if so specified,"

Page 9, line 23, before "For" insert "To the commissioner of administration"

Page 9, line 27, delete "adjutant general" and insert "commissioner of administration"

Page 9, line 30, delete "department" and insert "commissioner"

Page 10, line 28, delete "have" and insert "has" and delete "their" and insert "its"

Page 10, line 34, delete "ways and means" and insert "judiciary finance"

Page 10, line 38, delete "judiciary and finance" and insert "crime prevention committee and crime prevention finance division"

Page 10, line 39, delete "committees"

Page 15, line 23, delete "issue" and insert "use"

Page 22, line 31, delete "1,935,000"

Page 22, after line 31, insert:

"Subdivision 1. To the commissioner of transportation for the

purposes specified in this section 1,935,000

Subd. 2. Drivers' Examination Stations"

Page 22, after line 36, insert:

"Subd. 3. Training Facility"

Page 25, line 26, after "For" insert "a grant to Winona county for"

Page 31, line 10, delete "$250,000" and insert "$230,000" and after "is" insert "from the general fund"

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. Nos. 66, 2264, 3123 and 3273 were read for the second time.

S. F. Nos. 1885, 1915, 2023, 2227, 2254, 2255, 2260 and 2540 were read for the second time.

The following messages were received from the Senate:

Mr. Speaker:

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

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

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 1540, A bill for an act relating to retirement; the Minneapolis teachers retirement fund association; providing for purchase of allowable service credit for public school employment outside the state of Minnesota; proposing coding for new law in Minnesota Statutes, chapter 354A.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 2040, A bill for an act relating to housing; providing for waiver of fees and surcharges imposed on motor vehicle registration data requests under certain circumstances; requiring the tenant's full name and date of birth in a written lease; requiring tenant screening reports and unlawful detainer case files to include certain information; requesting a study; amending Minnesota Statutes 1994, sections 168.345, subdivision 3, and by adding a subdivision; 504.012; 504.181, subdivision 1; 504.30, subdivision 4, and by adding a subdivision; and 566.05.

H. F. No. 2380, A bill for an act relating to motor vehicles; specifying percentages of the motorcycle safety fund that may be spent on administration and motorcycle safety instruction; amending Minnesota Statutes 1995 Supplement, section 126.115, subdivision 3.

H. F. No. 2116, A bill for an act relating to agriculture; changing provisions of plant pests, fertilizer, and lime; changing licensing requirements for aquatic pest control applicators; amending Minnesota Statutes 1994, sections 18.52, subdivisions 2 and 5; 18.53; 18B.32; 18B.33, subdivision 1; 18B.34, subdivision 1; 18C.005, subdivisions 6, 13, 20, 22,

33, 34, and by adding a subdivision; 18C.115, subdivision 2; 18C.215, subdivisions 1 and 2; 18C.415, subdivision 1; 18C.531, subdivision 8, and by adding a subdivision; 18C.545, subdivision 2; and 18E.03, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 18B; repealing Minnesota Statutes 1994, section 18C.531, subdivision 26.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2008, A bill for an act relating to insurance; health; regulating childbirth and postpartum care benefits; amending Minnesota Statutes 1994, section 62A.041, by adding a subdivision.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 168, A bill for an act relating to insurance; regulating nonrenewals based on loss experience; amending Minnesota Statutes 1994, section 65A.29, subdivision 11.

Patrick E. Flahaven, Secretary of the Senate

Luther moved that the House concur in the Senate amendments to H. F. No. 168 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 168, A bill for an act relating to insurance; modifying requirements related to nonrenewal of homeowner's insurance; amending Minnesota Statutes 1994, section 65A.29, subdivision 11.

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

The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Olson, E.    Smith
Anderson, B. Frerichs     Koppendrayer Olson, M.    Solberg
Anderson, R. Garcia       Kraus        Onnen        Stanek
Bakk         Girard       Krinkie      Opatz        Sviggum
Bertram      Goodno       Larsen       Orenstein    Swenson, D.
Bettermann   Greiling     Leighton     Orfield      Swenson, H.
JOURNAL OF THE HOUSE - 97th Day - Top of Page 8245

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

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

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. 2155, A bill for an act relating to civil law; real property and probate; providing conditions for registered property applications and records; providing for the application of certain curative provisions; changing certain probate and trust provisions; providing standards for certain documents; amending Minnesota Statutes 1994, sections 357.18, by adding a subdivision; 501B.57; 508.06; 508.63; 508.66; 508.71, subdivision 3; 508.82; 508A.01, subdivision 3; 508A.06; 508A.63; 508A.66; 508A.71, subdivision 3; 508A.82; 508A.85, subdivision 3; 524.2-403; 524.3-708; 524.3-804; 559.215; and 559.216; Minnesota Statutes 1995 Supplement, sections 524.2-803; and 524.3-914; proposing coding for new law in Minnesota Statutes, chapter 507; repealing Laws 1994, chapter 447, section 2.

Patrick E. Flahaven, Secretary of the Senate

Macklin moved that the House concur in the Senate amendments to H. F. No. 2155 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2155, A bill for an act relating to civil law; real property and probate; providing conditions for registered property applications and records; providing for the application of certain curative provisions; changing certain probate and trust provisions; providing standards for certain documents; amending Minnesota Statutes 1994, sections 357.18, by adding a subdivision; 501B.57; 508.06; 508.63; 508.66; 508.71, subdivision 3; 508.82; 508A.01, subdivision 3; 508A.06; 508A.63; 508A.66; 508A.71, subdivision 3; 508A.82; 508A.85, subdivision 3; 524.2-403; 524.3-708; 524.3-804; 559.215; and 559.216; Minnesota Statutes 1995 Supplement, sections 524.2-803; and 524.3-914; proposing coding for new law in Minnesota Statutes, chapter 507; repealing Laws 1994, chapter 447, section 2.

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

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

Those who voted in the affirmative were:

Abrams       Farrell      Knight       Murphy       Smith
Anderson, B. Finseth      Knoblach     Olson, E.    Solberg
Anderson, R. Frerichs     Koppendrayer Olson, M.    Stanek
Bakk         Garcia       Kraus        Onnen        Sviggum
Bertram      Girard       Krinkie      Opatz        Swenson, D.
Bettermann   Goodno       Larsen       Orenstein    Swenson, H.
Bishop       Greiling     Leighton     Orfield      Sykora
Boudreau     Gunther      Leppik       Osskopp      Tomassoni
Bradley      Haas         Lieder       Osthoff      Tompkins
Broecker     Hackbarth    Lindner      Otremba      Trimble
Brown        Harder       Long         Ozment       Tuma
JOURNAL OF THE HOUSE - 97th Day - Top of Page 8246

Carlson, L.  Hasskamp     Lourey       Paulsen      Tunheim
Carlson, S.  Hausman      Luther       Pawlenty     Van Dellen
Clark        Holsten      Lynch        Pellow       Van Engen
Commers      Huntley      Macklin      Pelowski     Vickerman
Cooper       Jaros        Mahon        Perlt        Wagenius
Daggett      Jefferson    Mares        Peterson     Warkentin
Dauner       Jennings     Mariani      Pugh         Wejcman
Davids       Johnson, A.  Marko        Rest         Wenzel
Dawkins      Johnson, R.  McCollum     Rhodes       Winter
Dehler       Johnson, V.  McElroy      Rice         Wolf
Delmont      Kahn         McGuire      Rostberg     Worke
Dempsey      Kalis        Milbert      Rukavina     Workman
Dorn         Kelley       Molnau       Schumacher   Sp.Anderson,I
Entenza      Kelso        Mulder       Seagren      
Erhardt      Kinkel       Munger       Skoglund     

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. 2222, A bill for an act relating to state government; excepting certain contracts from certain contract management requirements; abolishing certain reports and providing for a comprehensive annual report by the department of economic security; providing a mission statement for the department of economic security; amending Minnesota Statutes 1994, sections 268.0122, subdivisions 3 and 4; and 268.65, subdivision 1; Minnesota Statutes 1995 Supplement, sections 16B.06, subdivision 2a; 268.0122, subdivision 6; 268.0124; 268.363; and 268.98, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, sections 268.367; 268.37, subdivision 5; and 268.38, subdivision 11; Minnesota Statutes 1995 Supplement, section 268.92, subdivision 10.

Patrick E. Flahaven, Secretary of the Senate

Delmont moved that the House concur in the Senate amendments to H. F. No. 2222 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2222, A bill for an act relating to state government; excepting certain contracts from certain contract management requirements; abolishing certain reports and providing for a comprehensive annual report by the department of economic security; amending Minnesota Statutes 1994, sections 268.0122, subdivisions 3 and 4; and 268.65, subdivision 1; Minnesota Statutes 1995 Supplement, sections 16B.06, subdivision 2a; 268.0124; 268.363; and 268.98, subdivision 2; Laws 1995, chapter 254, article 1, section 93; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, sections 268.367; 268.37, subdivision 5; and 268.38, subdivision 11; Minnesota Statutes 1995 Supplement, section 268.92, subdivision 10.

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

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

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Onnen        Sviggum
Anderson, B. Frerichs     Krinkie      Opatz        Swenson, D.
Anderson, R. Garcia       Larsen       Orenstein    Swenson, H.
Bakk         Girard       Leighton     Orfield      Sykora
Bertram      Goodno       Leppik       Osskopp      Tomassoni
Bettermann   Greiling     Lieder       Osthoff      Tompkins
Bishop       Gunther      Lindner      Ostrom       Trimble
Boudreau     Haas         Long         Otremba      Tuma
Bradley      Hackbarth    Lourey       Ozment       Tunheim
JOURNAL OF THE HOUSE - 97th Day - Top of Page 8247

Broecker     Harder       Luther       Paulsen      Van Dellen
Brown        Hasskamp     Lynch        Pawlenty     Van Engen
Carlson, L.  Hausman      Macklin      Pellow       Vickerman
Carlson, S.  Holsten      Mahon        Pelowski     Wagenius
Clark        Huntley      Mares        Perlt        Warkentin
Commers      Jaros        Mariani      Peterson     Weaver
Cooper       Jefferson    Marko        Pugh         Wejcman
Daggett      Jennings     McCollum     Rest         Wenzel
Dauner       Johnson, A.  McElroy      Rhodes       Winter
Davids       Johnson, R.  McGuire      Rice         Wolf
Dawkins      Johnson, V.  Milbert      Rostberg     Worke
Dehler       Kalis        Molnau       Rukavina     Workman
Delmont      Kelley       Mulder       Schumacher   Sp.Anderson,I
Dempsey      Kelso        Munger       Seagren      
Dorn         Kinkel       Murphy       Skoglund     
Entenza      Knight       Ness         Smith        
Erhardt      Knoblach     Olson, E.    Solberg      
Farrell      Koppendrayer Olson, M.    Stanek       

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. 2055, A bill for an act relating to telecommunications; requiring notice to customers of the right to require written authorization before changing intrastate telecommunications carrier or local telephone company; amending Minnesota Statutes 1994, section 237.66, subdivision 3, and by adding a subdivision; Minnesota Statutes 1995 Supplement, section 237.16, subdivision 8.

Patrick E. Flahaven, Secretary of the Senate

H. F. No. 2055, A bill for an act relating to telecommunications; requiring notice to customers of the right to require written authorization before changing intrastate telecommunications carrier or local telephone company; amending Minnesota Statutes 1994, section 237.66, subdivision 3, and by adding a subdivision; Minnesota Statutes 1995 Supplement, section 237.16, subdivision 8.

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

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

Those who voted in the affirmative were:

Abrams       Finseth      Knoblach     Olson, M.    Stanek
Anderson, B. Frerichs     Kraus        Onnen        Sviggum
Anderson, R. Garcia       Krinkie      Opatz        Swenson, D.
Bakk         Girard       Larsen       Orenstein    Swenson, H.
JOURNAL OF THE HOUSE - 97th Day - Top of Page 8248

Bertram      Goodno       Leighton     Orfield      Sykora
Bettermann   Greenfield   Leppik       Osskopp      Tomassoni
Bishop       Greiling     Lieder       Osthoff      Tompkins
Boudreau     Gunther      Lindner      Ostrom       Trimble
Bradley      Haas         Long         Otremba      Tuma
Broecker     Hackbarth    Lourey       Ozment       Tunheim
Brown        Harder       Luther       Paulsen      Van Dellen
Carlson, L.  Hasskamp     Lynch        Pawlenty     Van Engen
Carlson, S.  Hausman      Macklin      Pellow       Vickerman
Clark        Holsten      Mahon        Pelowski     Wagenius
Commers      Huntley      Mares        Perlt        Warkentin
Cooper       Jaros        Mariani      Peterson     Weaver
Daggett      Jefferson    Marko        Pugh         Wejcman
Dauner       Jennings     McCollum     Rest         Wenzel
Davids       Johnson, A.  McElroy      Rhodes       Winter
Dawkins      Johnson, R.  McGuire      Rice         Wolf
Dehler       Johnson, V.  Milbert      Rostberg     Worke
Delmont      Kahn         Molnau       Rukavina     Workman
Dempsey      Kalis        Mulder       Schumacher   Sp.Anderson,I
Dorn         Kelley       Munger       Seagren      
Entenza      Kelso        Murphy       Skoglund     
Erhardt      Kinkel       Ness         Smith        
Farrell      Knight       Olson, E.    Solberg      
JOURNAL OF THE HOUSE - 97th Day - Top of Page 8249

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

Mr. Speaker:

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

H. F. No. 2682, A bill for an act relating to employment; modifying provisions governing school conference and activities leave; amending Minnesota Statutes 1994, section 181.9412.

Patrick E. Flahaven, Secretary of the Senate

Greiling moved that the House concur in the Senate amendments to H. F. No. 2682 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2682, A bill for an act relating to employment; modifying provisions governing school conference and activities leave; amending Minnesota Statutes 1994, section 181.9412.

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

The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 3 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Kinkel       Ness         Skoglund
Anderson, B. Finseth      Knoblach     Olson, E.    Smith
Anderson, R. Frerichs     Koppendrayer Olson, M.    Solberg
Bakk         Garcia       Kraus        Onnen        Stanek
Bertram      Girard       Larsen       Opatz        Sviggum
Bettermann   Goodno       Leighton     Orenstein    Swenson, D.
Bishop       Greenfield   Leppik       Orfield      Swenson, H.
Boudreau     Greiling     Lieder       Osskopp      Sykora
Bradley      Gunther      Lindner      Osthoff      Tomassoni
Broecker     Haas         Long         Ostrom       Tompkins
Brown        Hackbarth    Lourey       Otremba      Trimble
Carlson, L.  Harder       Luther       Ozment       Tuma
Carlson, S.  Hasskamp     Lynch        Paulsen      Tunheim
Clark        Hausman      Macklin      Pawlenty     Van Dellen
Commers      Holsten      Mahon        Pellow       Van Engen
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
Delmont      Johnson, V.  Milbert      Rice         Winter
Dempsey      Kahn         Molnau       Rostberg     Wolf
Dorn         Kalis        Mulder       Rukavina     Worke
Entenza      Kelley       Munger       Schumacher   Sp.Anderson,I
Erhardt      Kelso        Murphy       Seagren      

Knight       Krinkie      Workman      

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. 2953, A bill for an act relating to state government; long-term care insurance; providing for a study of coverage for retiring state employees.

Patrick E. Flahaven, Secretary of the Senate

Wejcman moved that the House concur in the Senate amendments to H. F. No. 2953 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2953, A bill for an act relating to state government; requiring a pilot project to determine the feasibility of coordinating workers' compensation and insurance benefits for public employees.

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

The question was taken on the repassage of the bill and the roll was called. There were 97 yeas and 34 nays as follows:

Those who voted in the affirmative were:

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

Abrams       Goodno       Krinkie      Osskopp      Tuma
Anderson, B. Gunther      Larsen       Paulsen      Vickerman
Bettermann   Haas         Lindner      Pellow       Weaver
Bradley      Hackbarth    McElroy      Seagren      Wolf
Broecker     Knight       Molnau       Sviggum      Worke
Dehler       Koppendrayer Olson, M.    Swenson, H.  Workman 
Girard       Kraus        Onnen        Sykora       

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. 2525, A bill for an act relating to commerce; providing for the relocation of an existing new motor vehicle dealership under certain specified conditions.

Patrick E. Flahaven, Secretary of the Senate

Rukavina moved that the House concur in the Senate amendments to H. F. No. 2525 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2525, A bill for an act relating to commerce; providing for the relocation of an existing new motor vehicle dealership under certain specified conditions.

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

The question was taken on the repassage of the bill and the roll was called. There were 93 yeas and 39 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Farrell      Kelso        Munger       Rhodes
Anderson, R. Finseth      Kinkel       Murphy       Rice
Bakk         Garcia       Knoblach     Ness         Rukavina
Bertram      Greenfield   Kraus        Olson, E.    Schumacher
Bishop       Greiling     Larsen       Onnen        Skoglund
Bradley      Gunther      Leighton     Opatz        Smith
Brown        Hasskamp     Leppik       Orenstein    Solberg
Carlson, L.  Hausman      Lieder       Orfield      Stanek
Carlson, S.  Holsten      Long         Osskopp      Swenson, H.
Clark        Huntley      Lourey       Osthoff      Tomassoni
Cooper       Jaros        Luther       Ostrom       Trimble
Davids       Jefferson    Mahon        Otremba      Tunheim
Dawkins      Jennings     Mares        Ozment       Wagenius
Dehler       Johnson, A.  Mariani      Pellow       Wejcman
Delmont      Johnson, R.  Marko        Pelowski     Wenzel
Dempsey      Johnson, V.  McCollum     Perlt        Winter
Dorn         Kahn         McGuire      Peterson     Sp.Anderson,I
Entenza      Kalis        Milbert      Pugh         
Erhardt      Kelley       Mulder       Rest         

Abrams       Girard       Lindner      Rostberg     Van Engen
Bettermann   Goodno       Lynch        Seagren      Vickerman
Boudreau     Haas         Macklin      Sviggum      Warkentin
Broecker     Hackbarth    McElroy      Swenson, D.  Weaver
Commers      Harder       Molnau       Sykora       Wolf
Daggett      Knight       Olson, M.    Tompkins     Worke
Dauner       Koppendrayer Paulsen      Tuma         Workman 
Frerichs     Krinkie      Pawlenty     Van Dellen   

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. 2282, A bill for an act relating to water; modifying provisions of the reinvest in Minnesota resources program; amending Minnesota Statutes 1994, section 103F.515, subdivisions 2, 3, and 6.

Patrick E. Flahaven, Secretary of the Senate

Winter moved that the House refuse to concur in the Senate amendments to H. F. No. 2282, that the Speaker appoint a Conference Committee of 3 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 House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 2171, A bill for an act relating to state government; clarifying powers of the pollution control agency board and commissioner; amending Minnesota Statutes 1994, sections 116.03, as amended; and 514.673, subdivision 3; Minnesota Statutes 1995 Supplement, section 116.02, by adding subdivisions.

Patrick E. Flahaven, Secretary of the Senate

Ozment moved that the House refuse to concur in the Senate amendments to H. F. No. 2171, that the Speaker appoint a Conference Committee of 3 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 House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

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

Patrick E. Flahaven, Secretary of the Senate

Orenstein moved that the House refuse to concur in the Senate amendments to H. F. No. 2782, that the Speaker appoint a Conference Committee of 3 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 House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 2245, A bill for an act relating to health; modifying requirements relating to home care providers and housing with services establishments; providing for licensure of housing with services home care providers; amending Minnesota Statutes 1994, sections 144A.43, subdivision 4; 144A.45, subdivision 1; and 144A.46, subdivision 1; Minnesota Statutes 1995 Supplement, sections 144B.01, subdivision 5; 144D.01, subdivisions 4, 5, and 6; 144D.02; 144D.03; 144D.04; 144D.05; 144D.06; and 157.17, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 144A; repealing Minnesota Statutes 1994, section 144A.45, subdivision 3.

Patrick E. Flahaven, Secretary of the Senate

Greenfield moved that the House refuse to concur in the Senate amendments to H. F. No. 2245, that the Speaker appoint a Conference Committee of 3 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 House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

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

Patrick E. Flahaven, Secretary of the Senate

Cooper moved that the House refuse to concur in the Senate amendments to H. F. No. 2190, that the Speaker appoint a Conference Committee of 3 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 that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 1902, A bill for an act relating to the council on affairs of Spanish-speaking people, the council on Asian-Pacific Minnesotans, the council on Black Minnesotans, and the Indian affairs council; changing the name of the council on affairs of Spanish-speaking people; changing the composition and certain powers of the councils on affairs of Spanish-speaking people and Asian-Pacific Minnesotans; providing for appointments; changing statutory references; eliminating an expiration date; amending Minnesota Statutes 1994, sections 3.922, subdivisions 3 and 8; 3.9223; 3.9225, subdivision 1; and 3.9226, subdivisions 1, 2, 3, and 5.

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

Ms. Pappas; Mr. Terwilliger and Ms. Wiener.

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

Patrick E. Flahaven, Secretary of the Senate

Entenza moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1902. The motion prevailed.

Mr. Speaker:

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

S. F. No. 2116, A bill for an act relating to liquor; allowing persons holding either the proper license or permit to charge for possession; exempting certain types of wine tastings from authorized testings; regulating malt liquor furnished for sampling; providing for authority of the cities of Wadena, Eagan, and West St. Paul to issue on-sale licenses; authorizing certain cities to issue a temporary license for a certain wine auction; amending Minnesota Statutes 1994, sections 340A.418, subdivision 2; and 340A.510; Minnesota Statutes 1995 Supplement, sections 340A.401; and 340A.404, subdivision 10; Laws 1994, chapter 611, section 32; proposing coding for new law in Minnesota Statutes, chapter 340A; repealing Laws 1974, chapter 452.

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

Mr. Solon; Ms. Wiener and Mr. Larson.

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

Patrick E. Flahaven, Secretary of the Senate

Bertram moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2116. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 2205, 2284, 2093, 1801, 2466, 2406, 236, 1662, 2203, 2471, 2381 and 2123.

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. 1775, 2457, 1865, 1866, 1861, 2196, 2643, 2720 and 1905.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2205, A bill for an act relating to agriculture; changing provisions of the consolidated food licensing law; amending Minnesota Statutes 1994, sections 28A.04, subdivision 1; 28A.09, subdivision 1; 28A.15, subdivisions 7 and 8; 28A.16; and 28A.17; Minnesota Statutes 1995 Supplement, sections 28A.03; and 28A.08, subdivision 1.

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

S. F. No. 2284, A bill for an act relating to the military; changing the reenlistment bonus program; amending Minnesota Statutes 1994, section 192.501, as amended.

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

S. F. No. 2093, A bill for an act relating to agriculture; reducing and eliminating penalties for violating the adulterated dairy products law; authorizing a dairy assistance program; requiring inspection and permits of bulk milk pick-up tankers; changing certain standards for milk used for manufacturing purposes; appropriating money; amending Minnesota Statutes 1994, sections 32.21, subdivision 4; 32.394, subdivision 8d, and by adding a subdivision; and 32.415.

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

S. F. No. 1801, A bill for an act relating to agriculture; exempting certain food sellers from the food licensing law; amending Minnesota Statutes 1994, section 28A.15, by adding a subdivision.

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

S. F. No. 2466, A bill for an act relating to traffic regulations; exempting first hauls of farm and forest products from certain additional registration taxes when weight restrictions are not exceeded by more than ten percent; allowing use of safety cables on trailers and semitrailers; providing for maximum civil penalties for gross weight violations when not preceded by two or more violations within 12 months; amending Minnesota Statutes 1994, sections 168.013, subdivision 3; 169.82, subdivision 3; and 169.871, by adding a subdivision.

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

S. F. No. 2406, A bill for an act relating to the military; providing greater flexibility in appointment of members of the armory building commission; authorizing the state armory building commission to use funds for construction; clarifying which municipalities may provide sites for armories; changing provisions for disposal of unused armory sites; clarifying authority for levying taxes for armory construction; clarifying the authority for conveyance of armories to the state; amending Minnesota Statutes 1994, sections 193.142, subdivisions 1, 2, and 3; 193.143; 193.144, subdivisions 1, 2, and 6; 193.145, subdivisions 2, 4, and 5; and 193.148.

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

S. F. No. 236, A bill for an act relating to civil actions; including occupational therapists in the limitation period for bringing suit against health care professionals; amending Minnesota Statutes 1994, section 541.07.

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

S. F. No. 1662, A bill for an act relating to alcoholic beverages; requiring retail establishments to post signs warning of the dangers of alcohol consumption by pregnant women; amending Minnesota Statutes 1994, section 340A.410, by adding a subdivision; repealing Minnesota Statutes 1994, sections 144.3871; and 340A.410, subdivision 4a.

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

S. F. No. 2203, A bill for an act relating to waters; requiring the Minnesota river basin joint powers board to coordinate cleanup efforts; proposing coding for new law in Minnesota Statutes, chapter 103F.

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

S. F. No. 2471, A bill for an act relating to labor relations; modifying provisions regarding mandatory arbitration for charitable hospital employers and employees; amending Minnesota Statutes 1994, section 179.38.

The bill was read for the first time.

Rukavina moved that S. F. No. 2471 and H. F. No. 2735, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2381, A bill for an act relating to telecommunications; regulating intrastate interLATA telecommunications services; proposing coding for new law in Minnesota Statutes, chapter 237.

The bill was read for the first time.

Jennings moved that S. F. No. 2381 and H. F. No. 2615, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2123, A bill for an act relating to children; clarifying the procedures peace officers must follow when deciding where to place a child placed on a health and welfare hold; requiring certain notices; clarifying the duties of related persons receiving a child on a 72-hour health and welfare hold; clarifying the reporting procedures and requirements for the placing officer to notify the county agency and the court; changing certain emergency licensing procedures; authorizing certain petitions and appearances; specifying review in certain cases; amending Minnesota Statutes 1994, sections 257.02; 257.03; 260.015, subdivision 14; 260.165, subdivision 3, and by adding a subdivision; 260.171, subdivision 2; 260.173, subdivision 2; Minnesota Statutes 1995 Supplement, section 245A.035, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 257.

The bill was read for the first time.

Jefferson moved that S. F. No. 2123 and H. F. No. 2368, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1775, A bill for an act relating to game and fish; requiring a turkey stamp; setting a fee; directing use of proceeds; amending Minnesota Statutes 1994, sections 97A.055, subdivisions 4 and 4a; 97A.075, by adding a subdivision; 97A.475, subdivision 5; 97B.603; and 97B.721.

The bill was read for the first time.

Hackbarth moved that S. F. No. 1775 and H. F. No. 1964, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2457, A bill for an act relating to public employees; regulating the salaries of certain higher education officers; prescribing the form and use of uniform collective bargaining settlement forms; allowing certain students to work for department of transportation for 48 months; ratifying certain labor agreements and compensation plans; appropriating money; amending Minnesota Statutes 1994, sections 3.855, subdivision 4; 43A.08, subdivision 4; 43A.17, subdivision 1; 179A.03, subdivision 4; and 179A.07, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 15A.081, subdivision 7b; 43A.18, subdivision 2; and 179A.04, subdivision 3.

The bill was read for the first time.

Solberg moved that S. F. No. 2457 and H. F. No. 2213, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1865, A bill for an act relating to motor vehicles; allowing special motorcycle license plates for Vietnam veterans; imposing conditions on issuance of driver's licenses to persons under age 18; amending Minnesota Statutes 1994, sections 168.123, subdivisions 1 and 4; and 171.05, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 171.04, subdivision 1.

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

S. F. No. 1866, A bill for an act relating to health; providing for the isolation and detention of persons with active tuberculosis who pose an endangerment to the public health; establishing standards and procedures for isolation and detention; requiring reporting by licensed health professionals; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.

The bill was read for the first time.

Van Engen moved that S. F. No. 1866 and H. F. No. 2108, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1861, A bill for an act relating to the environment; modifying provisions relating to the management of waste and solid waste assessments and taxes; modifying provisions relating to toxics in products; amending Minnesota Statutes 1994, sections 115A.03, subdivision 21, and by adding subdivisions; 115A.50; 115A.916; 115A.919, by adding a subdivision; 115A.923, subdivision 1a; 115A.93, subdivision 3; 115A.9301, by adding a subdivision; 115A.965, subdivision 3; 115A.9651, as amended; and 115D.09; Minnesota Statutes 1995 Supplement, sections 115A.072, subdivision 1; 115A.411, subdivision 2; 115A.554; 115A.965, subdivision 1; 115A.981, subdivision 3; 116.07, subdivision 10; and 297A.45, subdivisions 2 and 3; proposing coding for new law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 1994, sections 115A.154; 115A.156; 115A.48, subdivisions 2 and 5; 115A.53; 115A.913, subdivision 5; 115A.9162; and 115A.991; Minnesota Statutes 1995 Supplement, sections 115A.0715; 115A.072, subdivision 3; 115A.55, subdivision 3; and 115D.05.

The bill was read for the first time.

Wagenius moved that S. F. No. 1861 and H. F. No. 2259, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2196, A bill for an act relating to housing; permitting a mortgagee to provide a resident caretaker for a premises; authorizing entry into tenant's premises under certain circumstances; amending Minnesota Statutes 1994, section 582.031, subdivision 2; Minnesota Statutes 1995 Supplement, section 504.183, subdivision 3.

The bill was read for the first time.

Wejcman moved that S. F. No. 2196 and H. F. No. 2242, now on Special Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2643, A bill for an act relating to health; authorizing the dispensing of a prescription written by a physician, osteopath, podiatrist, dentist, or veterinarian licensed in any state or jurisdiction of the United States; amending Minnesota Statutes 1994, section 152.11, by adding subdivisions.

The bill was read for the first time.

Leppik moved that S. F. No. 2643 and H. F. No. 3053, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2720, A bill for an act relating to elections; permitting simultaneous candidacy for nomination by major and minor parties with their consent under certain conditions; amending Minnesota Statutes 1994, sections 200.02, subdivision 7, and by adding a subdivision; 204B.04, subdivision 2, and by adding a subdivision; 204D.12; and 204D.13, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 204B.06, subdivision 1; repealing Minnesota Statutes 1994, section 204D.10, subdivision 2.

The bill was read for the first time.

Pelowski moved that S. F. No. 2720 and H. F. No. 3123, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 1905, A bill for an act relating to parks and recreation; adding to and deleting from state parks.

The bill was read for the first time.

Peterson moved that S. F. No. 1905 and H. F. No. 2264, now on Technical General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2445.

S. F. No. 2445 was reported to the House.

Milbert moved to amend S. F. No. 2445 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 17.4982, subdivision 8, is amended to read:

Subd. 8. [CONTAINMENT FACILITY.] "Containment facility" means a licensed facility for salmonids or catfish that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):

(1) disinfects its effluent to the standards in section 17.4991 before the effluent is discharged to public waters;

(2) does not discharge to public waters or to waters of the state directly connected to public waters;

(3) raises aquatic life which cannot be released into the wild and must be kept in a facility approved by the commissioner unless processed for food consumption only;

(4) contains aquatic life requiring a fish health inspection prior to transportation.

Sec. 2. Minnesota Statutes 1994, section 17.4982, is amended by adding a subdivision to read:

Subd. 8a. [EMERGENCY ENZOOTIC DISEASE AREA.] "Emergency enzootic disease area" means an enzootic disease area which harbors an emergency disease. Trout, salmon, or catfish species are considered to be from an emergency enzootic disease area if the individual species in question can carry one or more of the emergency disease pathogens present.

Sec. 3. Minnesota Statutes 1994, section 17.4982, subdivision 10, is amended to read:

Subd. 10. [ENZOOTIC DISEASE AREA.] "Enzootic disease area" means a disease that is known to occur within an area with well-defined geographic boundaries which harbors one or more certifiable diseases pathogens.

Sec. 4. Minnesota Statutes 1994, section 17.4982, subdivision 17, is amended to read:

Subd. 17. [LOT.] "Lot" means a group of fish of the same species and age that originated from the same discrete spawning population and that always have shared a common water supply., or various age groups of adult brood stock of the same species may comprise the same lot if they that have shared the same containers for one brood cycle.

Sec. 5. Minnesota Statutes 1994, section 17.4982, subdivision 21, is amended to read:

Subd. 21. [STANDARD FACILITY.] "Standard facility" means a licensed facility with a continual or intermittent discharge of effluent to public waters which is not classified as a quarantine or containment facility.

Sec. 6. Minnesota Statutes 1994, section 17.4984, subdivision 2, is amended to read:

Subd. 2. [LISTED WATERS.] (a) An aquatic farm license must list:

(1) the specific waters of the state that may be used in connection with the licensed aquatic farm and the species approved for each licensed water; and

(2) whether aeration requiring a permit is approved.

Additional waters may not be used until they are approved by the commissioner.

(b) The right to use waters licensed for private fish hatchery or aquatic farm purposes may be transferred between licensees with prior approval by the commissioner if requirements for species to be raised are met. Waters that are continually connected by a permanent watercourse to other waters must not be approved for aquatic farm use, except that connected waters that are isolated from other waters may be licensed as a single water body. Waters that are intermittently connected or may become connected with other waters may be denied, or screening or other measures may be required to prevent passage of aquatic life. Listed waters may be changed on approval by the area fisheries supervisor or the commissioner.

(c) The commissioner shall conduct an inspection of waters to be licensed prior to approving or denying initial licensing of the waters.

(d) Waters containing game fish of significant public value may be denied licensing unless the applicant can demonstrate exclusive riparian control.

(e) Waters containing game fish of significant public value may be denied licensing unless the game fish of significant public value are, at the commissioner's option, sold to the licensee, removed for other state use by the department of natural resources, or disposed of as provided in writing by the commissioner.

(f) Waters licensed under an aquatic farm license may be aerated during open water periods without a separate aeration permit.

Sec. 7. Minnesota Statutes 1994, section 17.4984, subdivision 7, is amended to read:

Subd. 7. [NONPUBLIC RECORDS.] (a) Licensees must keep complete, up-to-date, nonpublic records of the operation of the aquatic farm. The records must be kept remain available for at least three years.

(b) The records must be in English and include the following information:

(1) for each species acquired, the number and pounds of fish or eggs acquired, names and addresses of the sources from which acquired, and the dates of receipt;

(2) for each species sold or disposed of, the number and pounds of fish sold or disposed of, the names and addresses of the purchasers or persons to whom the conveyances are made, and the dates of sale; and

(3) for fish sperm or viable eggs, the amount acquired or sold, the names and addresses of the sources from which acquired, the purchasers to whom conveyed, and the dates of purchase or sale.

(c) On or before March 1 of each year, the licensee shall submit a complete annual report on a form furnished by the commissioner, covering the quantity of all species sold or purchased in the preceding licensed year.

(d) An aquatic farmer shall maintain records for reasonable inspection by the commissioner. Information on aquatic life production, harvest, and sales is nonpublic information.

Sec. 8. Minnesota Statutes 1994, section 17.4985, subdivision 2, is amended to read:

Subd. 2. [BILL OF LADING.] (a) A person may not transport aquatic life except salmonids or catfish with a completed state issued bill of lading for:.

(b) A person must use a state issued bill of lading to transport aquatic life for:

(1) intrastate transportation of aquatic life between licensed private fish hatcheries, aquatic farms, or aquarium facilities licensed for the same species and of the proper classification for the aquatic life being transported if the aquatic life is being transported into a watershed where it is not currently present, if walleyes whose original source is south of marked state highway No. 210 are being transported to a facility north of marked state highway No. 210, or if the original source of the aquatic life is outside Minnesota and contiguous states; and

(2) stocking of waters other than public waters.

(b) (c) When aquatic life is transported under paragraph (a) (b), a copy of the bill of lading must be submitted to the regional fisheries manager at least 72 hours before the transportation.

(c) (d) For transportation and stocking of waters that are not public waters:

(1) a bill of lading must be submitted to the regional fisheries manager 72 hours before transporting fish for stocking;

(2) a bill of lading must be submitted to the regional fisheries manager within five days after stocking if the waters to be stocked are confirmed by telecopy or telephone prior to stocking by the regional fisheries office not to be public waters; or

(3) a completed bill of lading may be submitted to the regional fisheries office by telecopy prior to transporting fish for stocking. Confirmation that the waters to be stocked are not public waters may be made by returning the bill of lading by telecopy or in writing, in which cases additional copies need not be submitted to the department of natural resources.

(d) (e) Bill of lading forms may only be issued by the department of natural resources in St. Paul, and new bill of lading forms may not be issued until all previously issued forms have been returned.

Sec. 9. Minnesota Statutes 1994, section 17.4985, subdivision 3, is amended to read:

Subd. 3. [EXEMPTIONS FOR TRANSPORTATION PERMITS AND BILLS OF LADING.] (a) A state issued bill of lading or transportation permit is not required by an aquatic farm licensee for importation, transportation, or export for the following:

(1) minnows taken under an aquatic farm license in this state and transported intrastate;

(2) aquarium or ornamental fish including goldfish and tropical, subtropical, and saltwater species that cannot survive in the waters of the state, which may be imported or transported if accompanied by shipping documents;

(3) fish or fish eggs that have been processed for use as food, bait, or other purposes unrelated to fish propagation;

(4) live fish from a licensed aquatic farm, which may be transported directly to an outlet for processing or for other food purposes if accompanied by shipping documents;

(5) fish being exported if accompanied by shipping documents;

(6) sucker eggs, sucker fry, or fathead minnows transported intrastate for bait propagation or feeding of cultural aquatic life;

(7) species of fish that are found within the state used in connection with public shows, exhibits, demonstrations, or fishing pools for periods not exceeding 14 days; or

(8) intrastate transportation of aquatic life between or within licensed private fish hatcheries, aquatic farms, or aquarium facilities licensed for the same species and of the proper facility classification for the aquatic life, except where required in subdivision 2 and except that salmonids and catfish may only be transferred or transported intrastate without a transportation permit if they had no record of bacterial kidney disease at the time they were imported into the state and if the most recent they have had a fish health inspection since importation within the preceding year that has shown no certifiable diseases to be present.

Aquatic life being transferred between licensed private fish hatcheries, aquatic farms, or aquarium facilities must be accompanied by shipping documents and salmonids and catfish being transferred or transported intrastate without a transportation permit must be accompanied by a copy of their most recent fish health inspection; or

(9) fish being transported through the state if accompanied by shipping documents.

(b) Shipping documents required under paragraph (a) must show the place of origin, owner or consignee, destination, number, and species.

Sec. 10. Minnesota Statutes 1994, section 17.4986, is amended to read:

17.4986 [IMPORTATION OF AQUATIC LIFE.]

Subdivision 1. [IMPORTATION AND STOCKING RESTRICTIONS.] A person may not import fish into or stock fish in the state without first obtaining a transportation permit with a disease certification when required or a bill of lading from the commissioner, unless the person is exempted.

Subd. 2. [LICENSED FACILITIES.] (a) The commissioner shall issue transportation permits to import:

(1) indigenous and naturalized species except trout, salmon, and catfish from any source to a standard facility;

(2) trout, salmon, and catfish from a nonemergency enzootic disease area to a containment facility if the fish are certified within the previous year to be free of certifiable diseases, except that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following treatment approved by the commissioner, and fish with bacterial kidney disease may be imported into areas where the disease has been previously introduced; and

(3) trout, salmon, and catfish from a facility in a nonemergency enzootic disease area with a disease-free history of three years or more to a standard facility, except that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following treatment approved by the commissioner, and fish with bacterial kidney disease may be imported into areas where the disease has been previously introduced.

(b) If a source facility in a nonemergency enzootic disease area cannot demonstrate a history free from disease, aquatic life may only be imported into a quarantine facility.

Subd. 3. [EMERGENCY ENZOOTIC DISEASE AREA.] (a) Except as otherwise provided and except that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following treatment approved by the commissioner, and fish with bacterial kidney disease may be imported into areas where the disease has been previously introduced, fish may be imported from emergency disease enzootic disease areas only as fertilized eggs under the following conditions:

(1) to be imported into a standard facility, fertilized eggs must have a disease-free history for at least five years;

(2) to be imported into a containment facility, fertilized eggs must have a disease-free history for at least three years; or

(3) to be imported into a quarantine facility, fertilized eggs may have a disease-free history of less than three years.

(b) A hatchery inspection must occur at least once a year and fish must have been tested for all certifiable diseases. Fish health inspections under this subdivision must comply with section 17.4982, subdivision 12.

Subd. 4. [DISEASE-FREE HISTORY.] Disease-free histories required under this section must include a fish health inspection as defined by section 17.4982, subdivision 12, and tests for all certifiable diseases of concern. When disease-free histories of more than one year are required for importing salmonids or catfish, the disease history must be of consecutive years that include the year previous to, or the year of, the transportation request.

Sec. 11. Minnesota Statutes 1994, section 17.4988, subdivision 2, is amended to read:

Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for an aquatic farming license is $275.

(b) The aquatic farming license must may contain endorsements for the rights and privileges of the following licenses under the game and fish laws. The endorsement must be made upon payment of the license fee prescribed in section 97A.475 for the following licenses:

(1) minnow dealer license;

(2) minnow retailer license for sale of minnows as bait;

(3) minnow exporting license;

(4) minnow dealer helper license;

(5) aquatic farm vehicle endorsement, which includes a minnow dealer vehicle license, a minnow retailer vehicle license, an exporting minnow hauler vehicle license, and a fish vendor vehicle license;

(6) sucker egg taking license; and

(7) game fish packers license.

Sec. 12. Minnesota Statutes 1994, section 17.4988, subdivision 4, is amended to read:

Subd. 4. [AQUARIUM FACILITY.] (a) A person may not operate operating an a commercial aquarium facility without must have an a commercial aquarium facility license issued by the commissioner if the facility contains species of aquatic life that are for sale and that are present in waters of the state. The commissioner may require an aquarium facility license for aquarium facilities importing or holding species of aquatic life that are for sale and that are not present in Minnesota if those species can survive in waters of the state. The fee for an aquarium facility license is $15.

(b) Game fish transferred by an aquarium facility must be accompanied by a receipt containing the information required on a shipping document by section 17.4985, subdivision 3, paragraph (b).

Sec. 13. Minnesota Statutes 1994, section 17.4991, subdivision 3, is amended to read:

Subd. 3. [FISH HEALTH INSPECTION.] (a) An aquatic farm propagating trout, salmon, or catfish and having an effluent discharge from the aquatic farm into public waters must have an annual a fish health inspection conducted at least once every 12 months by a certified fish health inspector. Testing must be conducted according to approved laboratory methods.

(b) A health inspection fee must be charged based on each lot of fish sampled. The fee by check or money order payable to the department of natural resources must be prepaid or paid at the time a bill or notice is received from the commissioner that the inspection and processing of samples is completed.

(c) Upon receipt of payment and completion of inspection, the commissioner shall notify the operator and issue a fish health certificate. The certification must be made according to the Fish Health Blue Book by a person certified as a fish health inspector.

(d) All aquatic life in transit or held at transfer stations within the state may be inspected by the commissioner. This inspection may include the collection of stock for purposes of pathological analysis. Sample size necessary for analysis will follow guidelines listed in the Fish Health Blue Book.

(e) Salmonids and catfish must have a fish health inspection before being transported from a containment facility, unless the fish are being transported directly to an outlet for processing or other food purposes or unless the commissioner determines that an inspection is not needed. A fish health inspection conducted for this purpose need only be done on the lot or lots of fish that will be transported. The commissioner must conduct a fish health inspection requested for this purpose within five working days of receiving written notice. Salmonids and catfish may be immediately transported from a containment facility to another containment facility once a sample has been obtained for a health inspection or once the five-day notice period has expired.

Sec. 14. Minnesota Statutes 1994, section 17.4992, subdivision 2, is amended to read:

Subd. 2. [RESTRICTION ON THE SALE OF GAME FISH.] (a) Except as provided in paragraph (b), species of the family salmonidae or ictaluridae, except bullheads, must be free of certifiable diseases if sold for stocking or transfer to another aquatic farm, except that.

(b) The following exceptions apply to paragraph (a):

(1) Eggs with enteric redmouth, whirling disease, or furunculosis may be transferred between licensed facilities or stocked following treatment approved by the commissioner, and.

(2) Fish with bacterial kidney disease may be transferred between licensed facilities or stocked to in areas where the disease has been previously introduced.

(3) The commissioner may allow transfer between licensed facilities or stocking of fish with enteric redmouth or furunculosis when the commissioner determines that doing so would pose no threat to the state's aquatic resources.

Sec. 15. Minnesota Statutes 1994, section 17.4992, subdivision 3, is amended to read:

Subd. 3. [ACQUISITION OF FISH FOR BROOD STOCK.] Game fish brood stock may be sold to private fish hatcheries or aquatic farms by the state at fair wholesale market value. As a one-time purchase For brood stock development, up to 20 pair of adults of each species requested may be provided to a licensee once every three years, if available, by the state through normal operations.

Sec. 16. Minnesota Statutes 1994, section 17.4993, subdivision 1, is amended to read:

Subdivision 1. [TAKING FROM PUBLIC WATERS.] A licensee may take minnow sperm, minnow eggs, and live minnows from public waters for aquatic farm purposes under an aquatic farm license, except that sucker eggs and sperm may only be taken with a sucker egg license endorsement as provided by section 17.4994.

Sec. 17. [84.105] [WILD RICE SEASON.]

Ripe wild rice may be harvested from July 15 to September 30.

Sec. 18. Minnesota Statutes 1995 Supplement, section 84.788, subdivision 3, is amended to read:

Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application for registration or continued registration must be made to the commissioner or an authorized deputy registrar of motor vehicles on a form prescribed by the commissioner. The form must state the name and address of every owner of the off-highway motorcycle and must be signed by at least one owner.

(b) A person who purchases from a retail dealer an off-highway motorcycle that is intended to be operated on public lands or waters shall make application for registration to the dealer at the point of sale. The dealer shall issue a temporary ten-day registration permit to each purchaser who applies to the dealer for registration. The dealer shall submit the completed registration applications and fees to the deputy registrar at least once each week. No fee may be charged by a dealer to a purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer, a 60-day temporary receipt and shall assign a registration number that must be affixed to the motorcycle in a manner prescribed by the commissioner. A dealer subject to paragraph (b) shall provide the registration materials and temporary receipt to the purchaser within the ten-day temporary permit period.

(d) The commissioner shall develop a registration system to register vehicles under this section. A deputy registrar of motor vehicles acting under section 168.33, is also a deputy registrar of off-highway motorcycles. The commissioner of natural resources in agreement with the commissioner of public safety may prescribe the accounting and procedural requirements necessary to ensure efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with the accounting and procedural requirements. A fee of $2 in addition to other fees prescribed by law is charged for each off-highway motorcycle registered by:

(1) a deputy registrar and must be deposited in the treasury of the jurisdiction where the deputy is appointed, or kept if the deputy is not a public official; or

(2) the commissioner and must be deposited in the state treasury and credited to the off-highway motorcycle account.

Sec. 19. Minnesota Statutes 1995 Supplement, section 84.922, subdivision 2, is amended to read:

Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application for registration or continued registration shall be made to the commissioner of natural resources, the commissioner of public safety or an authorized deputy registrar of motor vehicles on a form prescribed by the commissioner. The form must state the name and address of every owner of the vehicle and be signed by at least one owner.

(b) A person who purchases an all-terrain vehicle from a retail dealer shall make application for registration to the dealer at the point of sale. The dealer shall issue a temporary ten-day registration permit to each purchaser who applies to the dealer for registration. The dealer shall submit the completed registration application and fees to the deputy registrar at least once each week. No fee may be charged by a dealer to a purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate fee the commissioner or deputy registrar shall register the vehicle issue to the applicant, or provide to the dealer, a 60-day temporary receipt and shall assign a registration number that must be affixed to the vehicle in a manner prescribed by the commissioner. A dealer subject to paragraph (b) shall provide the registration materials and temporary receipt to the purchaser within the ten-day temporary permit period. The commissioner shall use the snowmobile registration system to register vehicles under this section.

(c) (d) Each deputy registrar of motor vehicles acting under section 168.33, is also a deputy registrar of all-terrain vehicles. The commissioner of natural resources in agreement with the commissioner of public safety may prescribe the accounting and procedural requirements necessary to assure efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with the accounting and procedural requirements.

(d) (e) A fee of $2 in addition to other fees prescribed by law shall be charged for each vehicle registered by:

(1) a deputy registrar and shall be deposited in the treasury of the jurisdiction where the deputy is appointed, or retained if the deputy is not a public official; or

(2) the commissioner and shall be deposited to the state treasury and credited to the all-terrain vehicle account in the natural resources fund.

Sec. 20. Minnesota Statutes 1995 Supplement, section 97A.451, subdivision 3, is amended to read:

Subd. 3. [PERSONS RESIDENTS UNDER AGE 16; SMALL GAME.] (a) A person resident under age 16 may not obtain a small game license but may take small game by firearms or bow and arrow without a license if the person is a resident is:

(1) age 14 or 15 and possesses a firearms safety certificate issued by this state;

(2) age 13, possesses a firearms safety certificate issued by this state, and is accompanied by a parent or guardian; or

(3) age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small game by trapping without a small game license, but a resident 13 years of age or older must have a trapping license. A resident under age 13 may trap without a trapping license.

Sec. 21. Minnesota Statutes 1994, section 97A.451, is amended by adding a subdivision to read:

Subd. 3a. [NONRESIDENTS UNDER AGE 16; SMALL GAME.] A nonresident under age 16 may take small game, except turkeys, by firearms or bow and arrow if the nonresident is licensed as a nonresident at a resident fee and:

(1) possesses a firearm safety certificate or equivalent document issued by the state of residence; or

(2) if under the age of certification, is accompanied by a parent or guardian.

Sec. 22. Minnesota Statutes 1994, section 97A.455, is amended to read:

97A.455 [NONRESIDENT STUDENTS; FISHING, SMALL GAME, AND DEER BIG GAME.]

(a) A nonresident that is a full-time student at an educational institution in the state and resides in the state during the school year may obtain a resident license to take fish or, small game, or big game, except moose, by providing proof of student status and residence as prescribed by the commissioner.

(b) A nonresident that is a full-time foreign exchange student at a high school in the state and resides with persons in the state may obtain a resident license to take deer by archery big game, except moose, by providing proof of foreign exchange student status as prescribed by the commissioner.

Sec. 23. Minnesota Statutes 1994, section 97A.535, is amended by adding a subdivision to read:

Subd. 2a. [QUARTERING OF DEER ALLOWED.] A deer that has been tagged as required in subdivision 1 may be quartered at the site of the kill. The animal's head must remain attached to one of the quarters. The quarters must be presented together for registration under subdivision 2 and must remain together until the deer is processed for storage.

Sec. 24. Minnesota Statutes 1994, section 97C.203, is amended to read:

97C.203 [DISPOSAL OF STATE HATCHERY EGGS OR FRY.]

The commissioner shall dispose of game fish eggs and fry according to the following order of priorities:

(1) distribution of fish eggs and fry to state hatcheries to hatch fry or raise fingerlings for stocking waters of the state for recreational fishing; and

(2) transfer to other government agencies or private fish hatcheries when part of an exchange for fish that are stocked in waters of the state for recreational fishing;

(3) sale of fish eggs and fry to private fish hatcheries or licensed aquatic farms at a price not less than the fair wholesale market value, established as the average price charged at the state's private hatcheries and contiguous states per volume rates; and

(4) transfer to other government agencies for fish management and research purposes.

Sec. 25. Minnesota Statutes 1994, section 97C.305, subdivision 2, is amended to read:

Subd. 2. [EXCEPTION.] A trout and salmon stamp is not required to take fish by angling or to possess trout and salmon if:

(1) the person

(i) possesses a license to take fish by angling for a period of 24 hours from the time of issuance under section 97A.475, subdivision 6, clause (5), or subdivision 7, clause (5);, and (2) the person

(ii) is taking fish by angling during the period the license is valid; or

(2) the person is fishing on a lake opened to liberalized fishing under section 97C.035.

Sec. 26. Minnesota Statutes 1994, section 97C.411, is amended to read:

97C.411 [STURGEON AND PADDLEFISH.]

Lake sturgeon, shovelnose sturgeon, and paddlefish may not be taken, bought, sold, transported or possessed except as provided by rule of the commissioner. The commissioner may only allow the taking of these fish in waters that the state boundary passes through except that a rule that applies and in tributaries to the St. Croix river must also apply to its tributaries.

Sec. 27. [REPEALER.]

Minnesota Statutes 1994, sections 84.09 and 84.14, are repealed.

Sec. 28. [INSTRUCTION TO REVISOR.]

In each section of Minnesota Statutes referred to in column A, the revisor of statutes shall delete the reference in column B and insert the reference in column C. The references in column C may be changed by the revisor to the section of Minnesota Statutes in which the bill sections are compiled.

Column AColumn BColumn C

84.4284.09 84.091

97A.025 84.09 84.091

97A.065 84.09 84.091"

Delete the title and insert:

"A bill for an act relating to natural resources; modifying provisions for aquatic farms; establishing a season for harvesting ripe wild rice; modifying the registration requirements for off-highway motorcycles and all-terrain vehicles; removing the residency requirement for youth hunting; permitting nonresident students to take big game; modifying priorities for the disposal of state hatchery eggs or fry; modifying the exception for trout and salmon stamps; modifying restrictions on taking sturgeon and paddlefish; removing certain provisions related to wild rice; amending Minnesota Statutes 1994, sections 17.4982, subdivisions 8, 10, 17, 21, and by adding a subdivision; 17.4984, subdivisions 2 and 7; 17.4985, subdivisions 2 and 3; 17.4986; 17.4988, subdivisions 2 and 4; 17.4991, subdivision 3; 17.4992, subdivisions 2 and 3; 17.4993, subdivision 1; 97A.451, by adding a subdivision; 97A.455; 97A.535, by adding a subdivision; 97C.203; 97C.305, subdivision 2; and 97C.411; Minnesota Statutes 1995 Supplement, sections 84.788, subdivision 3; 84.922, subdivision 2; and 97A.451, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 84; repealing Minnesota Statutes 1994, sections 84.09; and 84.14."

The motion prevailed and the amendment was adopted.

Milbert moved to amend S. F. No. 2445, as amended, as follows:

Page 16, after line 21, insert:

"Sec. 27. [LAKE COUNTY LAND SALES RATIFIED.]

(a) Notwithstanding Minnesota Statutes, section 373.01, the conveyances by Lake county, Minnesota, of the following county fee lands are hereby ratified:

(1) one parcel of land sold October 29, 1993, by Lake county, Minnesota, to Darrel and Harriet Kempffer, being a five-acre county fee parcel of land described as the North One-half of the West One-half (N 1/2 of W 1/2) of the West One-half (W 1/2) of the Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4), Section Two (2), Township Fifty-two (52) North, Range Eleven (11) West, Lake county, Minnesota, constituting five acres;

(2) four parcels of land sold July 18, 1994, by Lake county, Minnesota, described as:

(i) Lot One (1), Five Mile Hill Plat, Lake county, Minnesota, sold to Diane Cullen;

(ii) Lot Four (4), Five Mile Hill Plat, Lake county, Minnesota, sold to Thomas Muehlburger;

(iii) Lot Seven (7), Five Mile Hill Plat, Lake county, Minnesota, sold to Thomas Muehlburger;

(iv) Lot Six (6), Five Mile Hill Plat, Lake county, Minnesota, sold to John McClellan;

(3) four parcels of land sold October 7, 1994, by Lake county, Knife River, Minnesota, described as:

(i) Lot One (1) Granite Point Plat, Lake county, Minnesota, sold to Tim Stoddart;

(ii) Lot Two (2) Granite Point Plat, Lake county, Minnesota, sold to Tim Stoddart;

(iii) Lot Three (3), Granite Point Plat, Lake county, Minnesota, sold to Lee Jensen;

(iv) Lot Four (4), Granite Point Plat, Lake county, Minnesota, sold to Lee Jensen; and

(4) a parcel of land sold July 21, 1995, by Lake county, Minnesota, described as:

The East Two Hundred Eight and 7/10 (e. 208.7) feet of the West Eight Hundred Thirty-four and 8/10 (W.834.8) of the South Two Hundred Forty-two (S.242) feet of the South One-half (S 1/2) of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4), Section Five (5), Township Fifty-nine (59) North, Range Eight (8) West, Stony River Township, Lake county, sold to Dorothy Johnson.

(b) Through an error, the sales of the lands described in paragraph (a) were conducted using the procedure for public sales of tax-forfeited lands rather than the applicable public sale procedure in Minnesota Statutes, section 373.01."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Weaver and Milbert moved to amend S. F. No. 2445, as amended, as follows:

Page 15, after line 33, insert:

"Sec. 25. Minnesota Statutes 1994, section 97C.205, is amended to read:

97C.205 [RULES FOR TRANSPORTING AND STOCKING FISH.]

(a) The commissioner may adopt rules to regulate:

(1) the transportation of fish and fish eggs from one body of water to another; and

(2) the stocking of waters with fish or fish eggs.

(b) The commissioner shall prescribe rules designed to encourage local sporting organizations to propagate game fish by using rearing ponds. The rules must:

(1) prescribe methods to acquire brood stock for the ponds by seining public waters;

(2) allow the sporting organizations to own and use seines and other necessary equipment; and

(3) prescribe methods for stocking the fish in public waters that give priority to the needs of the community where the fish are reared and the desires of the organization operating the rearing pond.

(c) A person under age 16 may, for purposes of display in a home aquarium, transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow and brown bullheads taken by angling. No more than four of each species may be transported at any one time, and any individual fish can be no longer than ten inches in total length."

Renumber the sections in sequence

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Holsten, Haas, Mares, Weaver, Bakk, Kinkel, Hasskamp and Perlt moved to amend S. F. No. 2445, as amended, as follows:

Page 16, line 24, after the period, insert "The amendment to Minnesota Rules, part 6110.1200, subpart 3, as published at State Register, Volume 19, Number 45, pages 2207 to 2210, May 8, 1995, and as subsequently adopted, is repealed."

The motion prevailed and the amendment was adopted.

Bakk, Winter and Wenzel offered an amendment to S. F. No. 2445, as amended.

Mulder requested a division of the Bakk et al amendment to S. F. No. 2445, as amended.

Mulder further requested that the second portion of the divided Bakk et al amendment to S. F. No. 2445, as amended, be voted on first.

The second portion of the Bakk et al amendment to S. F. No. 2445, as amended, reads as follows:

Page 16, after line 21, insert:

"Sec. 28. [PUBLIC INPUT; REPORT.]

The commissioner of natural resources shall seek public input and comments on the allowance to take antlered deer in more than one zone, and whether the license issued under section 97A.475, subdivision 2 (9), shall be extended to archery and muzzle-loader hunters at no additional fee. The commissioner must deliver a report on the public input to the house and senate policy committees by March 1, 1997."

Renumber the sections in sequence

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the second portion of the Bakk et al amendment and the roll was called. There were 69 yeas and 60 nays as follows:

Those who voted in the affirmative were:

Bakk         Farrell      Kahn         Olson, E.    Seagren
Bertram      Finseth      Kalis        Opatz        Skoglund
Bettermann   Garcia       Kinkel       Orfield      Solberg
Brown        Goodno       Knoblach     Ostrom       Swenson, D.
Carlson, L.  Greenfield   Larsen       Otremba      Tomassoni
Clark        Hasskamp     Leighton     Pawlenty     Trimble
Cooper       Holsten      Lieder       Pelowski     Tunheim
Daggett      Huntley      Mahon        Perlt        Van Engen
Dauner       Jaros        Mares        Peterson     Wejcman
Davids       Jefferson    Mariani      Pugh         Wenzel
Dehler       Jennings     McGuire      Rest         Winter
Delmont      Johnson, A.  Milbert      Rice         Worke
Dorn         Johnson, R.  Munger       Rukavina     Sp.Anderson,I
Entenza      Johnson, V.  Murphy       Schumacher   

Abrams       Girard       Krinkie      Mulder       Sviggum
Anderson, B. Greiling     Leppik       Ness         Swenson, H.
Anderson, R. Gunther      Lindner      Olson, M.    Sykora
Bishop       Haas         Long         Onnen        Tompkins
Boudreau     Hackbarth    Lourey       Osskopp      Tuma
Bradley      Harder       Luther       Ozment       Van Dellen
Broecker     Hausman      Lynch        Paulsen      Vickerman
Carlson, S.  Kelley       Macklin      Pellow       Wagenius
Commers      Kelso        Marko        Rhodes       Warkentin
Dempsey      Knight       McCollum     Rostberg     Weaver
Erhardt      Koppendrayer McElroy      Smith        Wolf
Frerichs     Kraus        Molnau       Stanek       Workman 

The first portion of the Bakk et al amendment to S. F. No. 2445, as amended, reads as follows:

Page 16, after line 21, insert:

"Sec. 27. Laws of Minnesota 1995, chapter 220, section 136, is amended to read:

Sec. 136. [MUZZLE-LOADING FIREARM DEER SEASON.]

For the 1996 1998 and 1997 1999 hunting seasons, a licensed firearms hunter who fails to tag a deer during the regular firearms season may tag a deer during the muzzle-loading firearms season by buying another firearms license and hunting by muzzle-loader. A license to hunt in the muzzle-loading season under this section must be purchased at least five days before the opening day of the muzzle-loading season, except in zone 3B where the license must be purchased before the opening day of the muzzle-loading season."

Renumber the sections in sequence

Amend the title accordingly

Tuma offered an amendment to the first portion of the Bakk et al amendment to S. F. No. 2445, as amended.

Winter raised a point of order pursuant to rule 3.10 that the amendment to the amendment was not in order. The Speaker ruled the point of order well taken and the amendment to the amendment out of order.

The question recurred on the first portion of the Bakk et al amendment to S. F. No. 2445, as amended. The motion prevailed and the first portion of the Bakk et al amendment was adopted.

Swenson, D.; Johnson, V., and Milbert moved to amend S. F. No. 2445, as amended, as follows:

Page 16, after line 20, insert:

"Sec. 27. [SALE OF STATE WILDLIFE LAND IN WASHINGTON COUNTY.]

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, and the public hearing requirement in Minnesota Statutes, section 97A.135, subdivision 2a, the commissioner of natural resources may sell land in a wildlife management area, described in this section, by private sale for a consideration not less than the appraised value, in accordance with the remaining provisions of Minnesota Statutes, chapter 94, and section 97A.135.

(b) The conveyance shall be in a form approved by the attorney general.

(c) The deed must contain a restrictive covenant that prohibits the placement or construction of additional buildings or structures, including corrals and animal shelters or pens, on the property conveyed in this section. The cost for constructing and maintaining any fencing on the property to be conveyed shall be the sole responsibility of the purchaser.

(d) The land that may be sold is in the Hardwood Creek wildlife management area in Washington County and is described as: the South 487 feet of the North 520 feet of the West 770 feet of the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4), Section Twenty-seven (27), Township Thirty-two (32) North, Range Twenty-one (21) West EXCEPT the North 440 feet of the West 650 feet of said NW 1/4 SE 1/4.

(e) The conveyance in this section will provide the adjacent landowner with a buffer between the landowner's buildings and public hunting activities on the adjacent wildlife area that surrounds the site and eliminate a problem with a portion of the landowner's barn that lies on the existing state property."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Rukavina and Bakk moved to amend S. F. No. 2445, as amended, as follows:

Page 15, after line 15, insert:

"Sec. 24. [97B.326] [DEER BAITING.]

Baiting of deer is allowable in any season preceding a prediction by the Farmer's Almanac of an unusually heavy winter snowfall."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

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

Luther moved to amend S. F. No. 2445, as amended, as follows:

Page 1, line 21 of the Weaver and Milbert amendment, delete "under age 16"

The motion prevailed and the amendment was adopted.

Dehler moved to amend S. F. No. 2445, as amended, as follows:

Page 15, after line 15, insert:

"Sec. 24. Minnesota Statutes 1995 Supplement, section 97B.055, subdivision 3, is amended to read:

Subd. 3. [HUNTING FROM VEHICLE BY DISABLED HUNTERS.] The commissioner may issue a special permit, without a fee, to discharge a firearm or bow and arrow from a stationary motor vehicle to a licensed hunter who has a temporary or permanent physical disability. The physical disability must be established by medical evidence verified in writing by a licensed physician. A person with a temporary disability may be issued an annual permit and a person with a permanent disability may be issued a permanent permit. If a temporary disability occurs seven days or less before the beginning of a hunting season, a written statement from a licensed physician verifying the temporary disability will suffice in lieu of a special permit. A person issued a special permit under this subdivision and hunting deer may take a deer of either sex."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

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

Wenzel, Kinkel and Hasskamp moved to amend S. F. No. 2445, as amended, as follows:

Page 16, after line 21, insert:

"Sec. 27. Laws 1995, chapter 238, section 1, subdivision 2, is amended to read.

Subd. 2. [AUTHORIZATION.] Notwithstanding Minnesota Statutes, section 103F.215, the counties of Crow Wing, Hubbard, Cass, and Morrison may allow the sale or transfer, as a separate parcel, of a lot within shoreland, as defined in Minnesota Statutes, section 103F.205, subdivision 4, that:

(1) is located wholly within the Mississippi headwaters corridor, as identified in the plan, or is located anywhere within Crow Wing, Cass, Hubbard, or Morrison county;

(2) is one of a group of two or more contiguous lots that have been under the same common ownership since July 1, 1981; and

(3) does not meet the residential lot size requirements in the model standards and criteria adopted by the commissioner of natural resources under Minnesota Statutes, section 103F.211."

Page 16, after line 34, insert:

"Sec. 30. [EFFECTIVE DATE.]

Section 27 is effective the day following final enactment."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 2445, A bill for an act relating to natural resources; clarifying status of game refuge designations; removing the residency requirement for youth hunting; permitting nonresident students to take big game; modifying provisions relating to short-term fishing licenses, special permits, commercial fishing, taking deer, moose licenses, blaze orange, trout and salmon stamps, and sturgeon and paddlefish; removing certain provisions relating to wild rice; requiring

a review; amending Minnesota Statutes 1994, sections 97A.015, by adding a subdivision; 97A.401, subdivision 4; 97A.411, subdivision 1; 97A.431, subdivision 2; 97A.451, by adding a subdivision; 97A.455; 97A.475, subdivisions 30, 31, 32, 33, 34, 35, 36, and 37; 97A.535, by adding a subdivision; 97B.021, subdivision 1; 97B.071; 97B.311; 97C.035, subdivision 3; 97C.305, subdivision 2; 97C.411; 97C.811, subdivision 6; 97C.815, subdivision 4; 97C.835 subdivisions 1 and 5; 97C.841; Minnesota Statutes 1995 Supplement, sections 14.387; and 97A.451, subdivision 3; Laws 1995, chapter 220, section 137; repealing Minnesota Statutes 1994, section 84.09; and Laws 1995, chapter 220, section 136.

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

S. F. No. 2571 was reported to the House.

Carlson, L., and Carruthers moved to amend S. F. No. 2571 as follows:

Page 1, line 13, after the period insert "The notice may not name a spouse of the notifying person."

The motion prevailed and the amendment was adopted.

S. F. No. 2571, A bill for an act relating to drivers' licenses; allowing owners of residences to identify who may use the residence address on a driver's license; proposing coding for new law in Minnesota Statutes, chapter 171.

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 1 nay as follows:

Those who voted in the affirmative were:

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

Knight                    

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 third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      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
Clark        Holsten      Macklin      Pellow       Vickerman
Commers      Huntley      Mahon        Pelowski     Wagenius
Cooper       Jaros        Mares        Perlt        Warkentin
Daggett      Jefferson    Mariani      Peterson     Weaver
Dauner       Jennings     Marko        Pugh         Wejcman
Davids       Johnson, A.  McCollum     Rest         Wenzel
Dawkins      Johnson, R.  McElroy      Rhodes       Winter
Dehler       Johnson, V.  McGuire      Rice         Wolf
Delmont      Kahn         Milbert      Rostberg     Worke
Dempsey      Kalis        Molnau       Rukavina     Workman
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
Entenza      Kelso        Munger       Seagren      
Erhardt      Kinkel       Murphy       Skoglund     
Farrell      Knight       Ness         Smith        

S. F. No. 1793, A bill for an act relating to motor vehicles; allowing display of single original plate from 1911, 1944, 1945, or 1946; amending Minnesota Statutes 1994, section 168.10, subdivision 1g.

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

S. F. No. 2499 was reported to the House.

Hackbarth and Leighton moved to amend S. F. No. 2499 as follows:

Page 1, delete lines 19 and 20 and insert:

"Section 119 is effective September 1, 1996.

Section 120, subdivision 1, is effective July 1, 1999."

Page 1, after line 21, insert:

"(a) By September 1, 1996, an industry group representing retailers and manufacturers that sell motor oil and motor oil filters shall submit a list to the commissioner of the pollution control agency of all existing current sites that collect used motor oil, used motor oil filters, or both, from the public, delineating which sites collect for free, that can be publicly promoted."

Page 1, line 22, delete "(a)" and insert "(b)"

Page 1, line 26, after "filters" insert "generated by the public"

Page 2, lines 2, 6, and 9, before "collection" insert "free"

Page 2, line 6, after "area" insert "and state residents of cities with populations of greater than 2,000 residents"

Page 2, line 10, after "filters" insert "generated by the public"

Page 2, line 11, delete "(b)" and insert "(c)"

Page 2, line 22, delete "(c)" and insert "(d)"

Page 2, line 24, after the period, insert "The industry group must also submit a list of sites that collect used motor oil and used motor oil filters from the public, specifying those sites that collect used motor oil and used motor filters for free, to the pollution control agency by December 31, 1997. The agency must be informed by the industry group when sites begin and cease to collect, or charge for the collection of, used motor oil and used motor oil filters from the public, in order to allow the agency to provide the public with accurate information regarding collection sites.

(e) The industry group and the agency shall monitor the effects of the collection system set forth in the plan required in paragraph (a) to determine whether the requirements clauses (1) to (3) of that paragraph have been met. By November 1, 1998, the industry group shall submit information to the agency on the amount of used oil and the number of used oil filters collected."

Page 2, line 24, delete "By February 1, 1998" and insert:

"(f) By January 15, 1999"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

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 third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Clark        Greenfield   Wagenius     Wejcman      

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. 2194 and 1919; H. F. No. 2368; S. F. No. 1797; and H. F. No. 2158.

The Speaker called Kahn to the Chair.

S. F. No. 2194 was reported to the House.

Broecker, Haas and Larsen moved to amend S. F. No. 2194 as follows:

Page 3, lines 4 and 5, reinstate the stricken language

Page 3, line 5, delete "ALLOCATION METHOD"

Page 3, Lines 11 to 20, reinstate the stricken language

Page 3, line 20, delete "shall be allocated among and"

Page 3, delete lines 21 to 25

Page 3, line 26, delete "flow management"

Page 3, line 26, after the period, insert "The amount budgeted by the council for any year for cash flow management must be treated as a current cost and allocated as a cost of operation and maintenance in accordance with this section. The cash flow management fund so established may not exceed an amount equal to five percent of the council's waste control operating budget in total."

Page 3, line 27, reinstate the stricken language

Page 3, line 28, reinstate the stricken language and strike "; ADJUSTED VOLUME"

Page 3, lines 29 to 33, reinstate the stricken language

Page 4, line 15, after the stricken period, insert "accordance with an allocation method determined by the council."

Page 4, lines 16 to 36, reinstate the stricken language

Page 5, line 6, reinstate the stricken language

Page 5, line 6, delete "1"

Page 5, line 20, reinstate the stricken language

Page 5, line 20, delete "1"

The motion prevailed and the amendment was adopted.

Ozment moved to amend S. F. No. 2194, as amended, as follows:

Page 1, after line 7, insert:

"Section 1. Minnesota Statutes 1994, section 43A.321, is amended to read:

43A.321 [VOLUNTEER FIREFIGHTER AND RESCUE WORKERS; AGREEMENTS.]

(a) An employee may reach an agreement with the employee's appointing authority to respond to emergency calls as a volunteer emergency fire or rescue worker during working hours, provided that:

(1) the employee does not respond to a call when the employee's sudden absence would endanger others; and

(2) the employee remits to the appointing authority any compensation received for responding to the call.

(b) If such an agreement is entered into:

(1) the appointing authority shall make no deductions from the employee's wages or sick or vacation time for time spent responding to calls; and

(2) workers' compensation liability is the responsibility of the entity for which the emergency services are provided while the employee is responding to the call.

(c) For the purposes of this section, "employee" means any employee of the state, the metropolitan council, or a metropolitan agency governed by chapter 473."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 2194, A bill for an act relating to metropolitan government; allowing the metropolitan council to determine an allocation method for wastewater services; amending Minnesota Statutes 1994, sections 473.511, subdivision 4; 473.517; and 473.519.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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.
Bettermann   Goodno       Larsen       Orenstein    Swenson, H.
Bishop       Greenfield   Leighton     Orfield      Sykora
Boudreau     Greiling     Leppik       Osskopp      Tomassoni
Bradley      Gunther      Lieder       Osthoff      Tompkins
Broecker     Haas         Lindner      Ostrom       Trimble
Brown        Hackbarth    Long         Otremba      Tuma
Carlson, L.  Harder       Lourey       Ozment       Tunheim
Carlson, S.  Hasskamp     Luther       Paulsen      Van Dellen
Carruthers   Hausman      Lynch        Pawlenty     Van Engen
Clark        Holsten      Macklin      Pellow       Vickerman
Commers      Huntley      Mahon        Pelowski     Wagenius
Cooper       Jaros        Mares        Perlt        Warkentin
Daggett      Jefferson    Mariani      Peterson     Weaver
Dauner       Jennings     Marko        Pugh         Wejcman
Davids       Johnson, A.  McCollum     Rest         Wenzel
Dawkins      Johnson, R.  McElroy      Rhodes       Winter
Dehler       Johnson, V.  McGuire      Rice         Wolf
Delmont      Kahn         Milbert      Rostberg     Worke
Dempsey      Kalis        Molnau       Rukavina     Workman
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
JOURNAL OF THE HOUSE - 97th Day - Top of Page 8277

Entenza      Kelso        Munger       Seagren      
Erhardt      Kinkel       Murphy       Skoglund     
Farrell      Knight       Ness         Smith        

S. F. No. 1919 was reported to the House.

Perlt moved that S. F. No. 1919 be continued on Special Orders. The motion prevailed.

S. F. No. 1797, A bill for an act relating to drivers' licenses; providing that certain license suspensions are not effective until 14 days after notice has been mailed to the licensee; restricting authority to suspend driver's license for petty misdemeanor traffic violations; amending Minnesota Statutes 1994, sections 169.797, by adding a subdivision; 169.92, subdivision 4; 170.24; 171.09; 171.16, by adding a subdivision; 171.18, subdivision 2; and 171.182, subdivision 3; Minnesota Statutes 1995 Supplement, section 171.18, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 5 nays as follows:

Those who voted in the affirmative were:

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

Lindner      Stanek       Weaver       
Lynch        Tompkins     

The Speaker resumed the Chair.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2171:

Ozment, Kinkel and Dempsey.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2245:

Greenfield, Lourey and Worke.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2282:

Winter, Wagenius and Finseth.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2782:

Orenstein, Dawkins and Pawlenty.

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

Farrell moved that the names of Murphy and Kalis be added as authors on H. F. No. 2930. The motion prevailed.

Rest moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, March 12, 1996, when the vote was taken on the final passage of S. F. No. 2054, as amended." The motion prevailed.

Mulder moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, March 12, 1996, when the vote was taken on the repassage of H. F. No. 2526, as amended by the Senate." The motion prevailed.

Rest moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, March 12, 1996, when the vote was taken on the repassage of H. F. No. 2526, as amended by the Senate." The motion prevailed.

Sykora moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, March 12, 1996, when the vote was taken on the repassage of H. F. No. 2526, as amended by the Senate." The motion prevailed.

Rest moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, March 12, 1996, when the vote was taken on the repassage of H. F. No. 2858, as amended by the Senate." The motion prevailed.

Carruthers moved that when the House adjourns today it adjourn until 10:30 a.m., Thursday, March 14, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:30 a.m., Thursday, March 14, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

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