Anderson, R., was excused.

Garcia was excused until 4:30 p.m.

The Chief Clerk proceeded to read the Journal of the preceding day. Stanek 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. 317 and H. F. No. 379, 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. 317 be substituted for H. F. No. 379 and that the House File be indefinitely postponed. The motion prevailed.

The following communications were received:

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Act of the 1995 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

S.F.         H.F.   Session Laws    Date ApprovedDate Filed

No.           No.    Chapter No.             1995      1995

1099 34 1:33 p.m. April 10 April 10

Sincerely,

Joan Anderson Growe

Secretary of State

April 12, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 282, relating to state government; permitting state employees to donate vacation leave for the benefit of a certain state employee.

H. F. No. 812, relating to natural resources; broadening the uses permitted for emergency materials and equipment.

H. F. No. 564, relating to notaries; providing licensed peace officers with the powers of a notary public for administering oaths upon information submitted to establish probable cause.

H. F. No. 567, relating to data practices; providing for disclosure of certain hospital and health care provider tax data to the commissioner of human services and the United States Department of Health and Human Services.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

S.F.         H.F.   Session Laws    Date ApprovedDate Filed

No.           No.    Chapter No.             1995      1995

282 35 11:35 a.m. April 12 April 12

812 36 11:32 a.m. April 12 April 12

564 37 11:35 a.m. April 12 April 12

567 38 11:38 a.m. April 12 April 12

1043 39 11:40 a.m. April 12 April 12

Sincerely,

Joan Anderson Growe

Secretary of State

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

H. F. No. 217, A bill for an act relating to insurance; life; regulating living benefits settlements; adopting the NAIC viatical settlements model act; prescribing powers and duties; amending Minnesota Statutes 1994, section 13.71, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 60A.

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

The report was adopted.

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

H. F. No. 244, A bill for an act relating to employment; establishing the governor's workforce development council to replace the governor's job training council; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 1994, section 268.9755.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [268.665] [WORKFORCE DEVELOPMENT COUNCIL.]

Subdivision 1. [CREATION.] The governor's workforce development council is created under the authority of the Job Training Partnership Act, United States Code, title 29, section 1501, et seq. Local workforce development councils are authorized under the job training partnership act, United States Code, Title 29, section 1501 and the one stop career center system.

Subd. 2. [MEMBERSHIP.] The governor's workforce development council is composed of 31 members appointed by the governor. The members may be removed pursuant to section 15.059. In selecting the representatives of the council, the governor shall ensure that 50 percent of the members come from nominations provided by local workforce councils. Local education representatives shall come from nominations provided by local education to employment partnerships. The 31 members shall represent the following sectors:

(a) State agencies: the following individuals shall serve on the council:

(1) commissioner of the Minnesota department of economic security;

(2) commissioner of the Minnesota department of education;

(3) commissioner of the Minnesota department of human services; and

(4) commissioner of the Minnesota department of trade and economic development.

(b) Business and industry: six individuals shall represent the business and industry sectors of Minnesota.

(c) Organized labor: six individuals shall represent labor organizations of Minnesota.

(d) Community-based organizations: four individuals shall represent community-based organizations of Minnesota. Community-based organizations are defined by the Job Training Partnership Act as private nonprofit organizations that are representative of communities or significant segments of communities and that provide job training services, agencies serving youth, agencies serving individuals with disabilities, agencies serving displaced homemakers, union-related organizations, and employer-related nonprofit organizations and organizations serving nonreservation Indians and tribal governments.

(e) Education: five individuals shall represent the education sector of Minnesota as follows:

(1) two individuals shall represent local public education;

(2) one individual shall represent post-secondary education;

(3) one individual shall represent secondary/post-secondary vocational institutions; and

(4) the chancellor of the higher education board;

(f) Other: two individuals shall represent other constituencies including:

(1) units of local government; and

(2) applicable state or local programs.

The speaker and the minority leader of the house of representatives shall each appoint a representative to serve as an ex officio member of the council. The majority and minority leaders of the senate shall each appoint a senator to serve as an ex officio member of the council.

(g) Appointment: each member shall be appointed for a term of three years from the first day of January or July immediately following their appointment. Elected officials shall forfeit their appointment if they cease to serve in elected office.

(h) Members of the council are compensated as provided in section 15.059, subdivision 3.

Subd. 3. [PURPOSE; DUTIES.] The governor's workforce development council shall replace the governor's job training council and assume all of its requirements, duties, and responsibilities, under the Job Training Partnership Act, United States Code, title 29, section 1501, et seq. Additionally, the workforce development council shall assume the following duties and responsibilities:

(a) Coordinate the development, implementation, and evaluation of the statewide education and employment transitions system under section 126B.01. Beginning January 1, 1997, the council shall also coordinate the development, implementation, and evaluation of the Minnesota youth services programs under sections 121.704 to 121.709, and the National and Community Services Act of 1993, United States Code, title 42, section 12501, et. seq.

(b) Review the provision of services and the use of funds and resources under applicable federal human resource programs and advise the governor on methods of coordinating the provision of services and the use of funds and resources consistent with the laws and regulations governing the programs. For purposes of this section, applicable federal and state human resource programs mean the:

(1) Job Training Partnership Act, United States Code, title 29, section 1501, et seq.;

(2) Carl D. Perkins Vocational and Applied Technology Education Act, United States Code, title 20, section 2301, et seq.;

(3) National and Community Service Act of 1993, United States Code, title 42, section 12501, et seq.;

(4) Adult Education Act, United States Code, title 20, section 1201, et seq.;

(5) Wagner-Peyser Act, United States Code, title 29, section 49;

(6) Social Security Act, title IV, part F, (JOBS), United States Code, title 42, section 681, et seq.;

(7) Food Stamp Act of 1977, United States Code, title 7, section 6(d)(4), Food Stamp Employment and Training Program, United States Code, title 7, section 2015(d)(4);

(8) programs defined in section 268.0111, subdivisions 4 and 5; and

(9) School to Work Opportunity Act of 1994, Public Law Number 103-239.

Additional federal and state programs and resources can be included within the scope of the council's duties if recommended by the governor after consultation with the council.

(c) Review federal, state, and local education, post-secondary, job skills training, and youth employment programs, and make recommendations to the governor and the legislature for establishing an integrated seamless system for providing education and work skills development services to learners and workers of all ages.

(d) Advise the governor on the development and implementation of statewide and local performance standards and measures relating to applicable federal human resource programs and the coordination of performance standards and measures among programs.

(e) Administer grants to local education and employment transition partnerships, including implementation grants under section 126B.01, grants for youth apprenticeship programs under section 126B.03, and youth employer grants. Beginning January 1, 1997, administer youthworks grants under sections 121.704 to 121.709; and

(1) coordinate implementation of the education and employment transitions system under section 126B.01;

(2) promote education and employment transitions programs and knowledge and skills of entrepreneurship among employers, workers, youth, and educators, and encourage employers to provide meaningful work-based learning opportunities;

(3) evaluate and identify exemplary education and employment transitions programs and provide technical assistance to local partnerships to replicate the programs throughout the state;

(4) establish a performance-based quality assurance system for consistent statewide evaluation of the performance of the education and employment transitions system at both the state and local level;

(5) conduct an annual review of each local education and employment transitions partnership to ensure it adequately meets the quality assurance standards established as part of the state quality assurance system;

(6) develop the methods to assess local partnership effectiveness;

(7) annually publish a report on the findings of the evaluations of each local education transitions partnership;

(8) promote knowledge and skills of entrepreneurship among students in kindergarten through grade 12 by sharing information about the ways new business development contributes to a strong economy.

(f) Advise the governor on methods to evaluate applicable federal human resource programs.

(g) Sponsor appropriate studies to identify human investment needs in Minnesota and recommend to the governor goals and methods for meeting those needs.

(h) Recommend to the governor goals and methods for the development and coordination of a human resource system in Minnesota.

(i) Examine federal and state laws, rules, and regulations to assess whether they present barriers to achieving the development of a coordinated human resource system.

(j) Recommend to the governor and to the federal government changes in state or federal laws, rules, or regulations concerning employment and training programs that present barriers to achieving the development of a coordinated human resource system.

(k) Recommend to the governor and to the federal government waivers of laws and regulations to promote coordinated service delivery.

(l) Sponsor appropriate studies and prepare and recommend to the governor a strategic plan which details methods for meeting Minnesota's human investment needs and for developing and coordinating a state human resource system.

Subd. 4. [SUBCOMMITTEES.] The governor's workforce development council shall appoint an advisory subcommittee the majority of whose members shall represent business and industry to advise the council on the establishment of the statewide education and employment transitions system. The chair of the workforce development council may establish subcommittees in order to carry out the duties and responsibilities of the council.

Subd. 5. [STAFFING.] The department of economic security must provide staff support to the Minnesota workforce development council. The department of economic security and the department of education shall jointly staff the education and employment transitions subcommittee and its activity with the full council. The support includes professional, technical, and clerical staff necessary to perform the duties assigned to the workforce development council. The council may ask for assistance from other units of state government as it requires in order to fulfill its duties and responsibilities.

Subd. 6. [EXPIRATION.] The council expires immediately if it is no longer required by federal law as a condition of receiving federal funding, or if there is no federal funding for the human resource programs within the scope of the council's duties.

Sec. 2. [REVISOR INSTRUCTION.]

In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute the term "workforce development council" for "governor's job training council," and "education and employment transitions council" wherever the terms appear in statutes and rules.

Sec. 3. [REPEALER.]

Subdivision 1. Minnesota Statutes 1994, section 268.9755, is repealed.

Subd. 2. Minnesota Statutes 1994, section 126B.02, is repealed.

Subd. 3. Minnesota Statutes 1994, section 121.703, is repealed.

Sec. 4. [EFFECTIVE DATE.]

Sections 1, 2, and 3, subdivision 1, are effective the day following final enactment. Section 3, subdivision 2, is effective July 1, 1995. Section 3, subdivision 3, is effective July 1, 1997."

Amend the title as follows:

Page 1, lines 3 and 4, delete "the governor's job training council" and insert "certain other councils"

Page 1, line 6, delete "section" and insert "sections 126B.02; 121.703; and"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 398, A bill for an act relating to elevators; regulating persons who may do elevator work; appropriating money; amending Minnesota Statutes 1994, sections 183.355, subdivision 3; 183.357, subdivisions 1, 2, and 4; and 183.358; proposing coding for new law in Minnesota Statutes, chapter 183.

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

The report was adopted.

Wejcman from the Committee on Health and Human Services to which was referred:

H. F. No. 490, A bill for an act relating to health; modifying provisions relating to nursing home moratorium exceptions; amending Minnesota Statutes 1994, sections 144A.071, subdivisions 1 and 1a; and 144A.073, subdivisions 1, 2, 3, 4, 8, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 144A.071, subdivision 2, is amended to read:

Subd. 2. [MORATORIUM.] The commissioner of health, in coordination with the commissioner of human services, shall deny each request for new licensed or certified nursing home or certified boarding care beds except as provided in subdivision 3 or 4a, or section 144A.073. "Certified bed" means a nursing home bed or a boarding care bed certified by the commissioner of health for the purposes of the medical assistance program, under United States Code, title 42, sections 1396 et seq.

The commissioner of human services, in coordination with the commissioner of health, shall deny any request to issue a license under section 252.28 and chapter 245A to a nursing home or boarding care home, if that license would result in an increase in the medical assistance reimbursement amount.

In addition, the commissioner of health must not approve any construction project whose cost exceeds $500,000, or 25 percent of the facility's appraised value, whichever is less, unless:

(a) any construction costs exceeding the lesser of $500,000 or 25 percent of the facility's appraised value are not added to the facility's appraised value and are not included in the facility's payment rate for reimbursement under the medical assistance program; or

(b) the project:

(1) has been approved through the process described in section 144A.073;

(2) meets an exception in subdivision 3 or 4a;

(3) is necessary to correct violations of state or federal law issued by the commissioner of health;

(4) is necessary to repair or replace a portion of the facility that was destroyed damaged by fire, lightning, groundshifts, or other such hazards, including environmental hazards, provided that the provisions of subdivision 4a, clause (a), are met;

(5) as of May 1, 1992, the facility has submitted to the commissioner of health written documentation evidencing that the facility meets the "commenced construction" definition as specified in subdivision 1a, clause (d), or that substantial steps have been taken prior to April 1, 1992, relating to the construction project. "Substantial steps" require that the facility has made arrangements with outside parties relating to the construction project and include the hiring of an architect or construction firm, submission of preliminary plans to the department of health or documentation from a financial institution that financing arrangements for the construction project have been made; or

(6) is being proposed by a licensed nursing facility that is not certified to participate in the medical assistance program and will not result in new licensed or certified beds.

Prior to the final plan approval of any construction project, the commissioner of health shall be provided with an itemized cost estimate for the project construction costs. If a construction project is anticipated to be completed in phases, the total estimated cost of all phases of the project shall be submitted to the commissioner and shall be considered as one construction project. Once the construction project is completed and prior to the final clearance by the commissioner, the total project construction costs for the construction project shall be submitted to the commissioner. If the final project construction cost exceeds the dollar threshold in this subdivision, the commissioner of human services shall not recognize any of the project construction costs or the related financing costs in excess of this threshold in establishing the facility's property-related payment rate.

The dollar thresholds for construction projects are as follows: for construction projects other than those authorized in clauses (1) to (6), the dollar threshold is $500,000 or 25 percent of appraised value, whichever is less. For projects authorized after July 1, 1993, under clause (1), the dollar threshold is the cost estimate submitted with a proposal for an exception under section 144A.073, plus inflation as calculated according to section 256B.431, subdivision 3f, paragraph (a). For projects authorized under clauses (2) to (4), the dollar threshold is the itemized estimate project construction costs submitted to the commissioner of health at the time of final plan approval, plus inflation as calculated according to section 256B.431, subdivision 3f, paragraph (a).

The commissioner of health shall adopt emergency or permanent rules to implement this section or to amend the emergency rules for granting exceptions to the moratorium on nursing homes under section 144A.073. The authority to adopt emergency rules continues to December 30, 1992.

Sec. 2. Minnesota Statutes 1994, section 144A.071, is amended by adding a subdivision to read:

Subd. 5a. [COST ESTIMATE OF A MORATORIUM EXCEPTION PROJECT.] (a) For the purposes of this section and section 144A.073, the cost estimate of a moratorium exception project shall include the effects of the proposed project on the costs of the state subsidy for community-based services, nursing services, and housing in institutional and noninstitutional settings. The commissioner of health, in cooperation with the commissioner of human services, shall define the method for estimating these costs in the permanent rule implementing section 144A.073. The commissioner of human services shall prepare an estimate of the total state annual long-term costs of each moratorium exception proposal.

(b) The interest rate to be used for estimating the cost of each moratorium exception project proposal shall be the lesser of either the prime rate plus two percentage points, or the posted yield for standard conventional fixed rate mortgages of the Federal Home Loan Mortgage Corporation plus two percentage points as published in the Wall Street Journal and in effect 56 days prior to the application deadline. If the applicant's proposal uses this interest rate, the commissioner of human services, in determining the facility's actual property-related payment rate to be established upon completion of the project must use the actual interest rate obtained by the facility for the project's permanent financing up to the maximum permitted under subdivision 6.

The applicant may choose an alternate interest rate for estimating the project's cost. If the applicant makes this election, the commissioner of human services, in determining the facility's actual property-related payment rate to be established upon completion of the project, must use the lesser of the actual interest rate obtained for the project's permanent financing or the interest rate which was used to estimate the proposal's project cost. For succeeding rate years, the applicant is at risk for financing costs in excess of the interest rate selected.

Sec. 3. Minnesota Statutes 1994, section 144A.073, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them:

(a) "Conversion" means the relocation of a nursing home bed from a nursing home to an attached hospital.

(b) "Relocation" means the movement of licensed nursing home beds or certified boarding care beds as permitted under subdivisions 4, clause (3), and 5.

(c) "Renovation" means extensive remodeling of, or construction of an addition to, a facility on an existing site with a total cost exceeding ten percent of the appraised value of the facility or $200,000, whichever is less.

(c) (d) "Replacement" means the demolition or, delicensure, reconstruction, or construction of an addition to all or part of an existing facility.

(d) (e) "Upgrading" means a change in the level of licensure of a bed from a boarding care bed to a nursing home bed in a certified boarding care facility.

Sec. 4. Minnesota Statutes 1994, section 144A.073, subdivision 2, is amended to read:

Subd. 2. [REQUEST FOR PROPOSALS.] At the intervals specified in rules authorization by the legislature of additional medical assistance expenditures for exceptions to the moratorium on nursing homes, the interagency committee shall publish in the State Register a request for proposals for nursing home projects to be licensed or certified under section 144A.071, subdivision 4a, clause (c). The public notice of this funding and the request for proposals must specify how the approval criteria will be prioritized by the advisory review panel, the interagency long-term care planning committee, and the commissioner. The notice must describe the information that must accompany a request and state that proposals must be submitted to the interagency committee within 90 days of the date of publication. The notice must include the amount of the legislative appropriation available for the additional costs to the medical assistance program of projects approved under this section. If no money is appropriated for a year, the notice for that year must state that proposals will not be requested because no appropriations were made the interagency committee shall publish a notice to that effect, and no proposals shall be requested. If money is appropriated, the interagency committee shall initiate the application and review process described in this section at least twice each biennium and up to four times each biennium, according to dates established by rule. Authorized funds shall be allocated proportionally to the number of processes. Funds not encumbered by an earlier process within a biennium shall carry forward to subsequent iterations of the process. Authorization for expenditures does not carry forward into the following biennium. To be considered for approval, a proposal must include the following information:

(1) whether the request is for renovation, replacement, upgrading, or conversion, or relocation;

(2) a description of the problem the project is designed to address;

(3) a description of the proposed project;

(4) an analysis of projected costs of the nursing facility proposal, including initial construction and remodeling costs,; site preparation costs,; financing costs, including the current estimated long-term financing costs of the proposal, which consists of estimates of the amount and sources of money, reserves if required under the proposed funding

mechanism, annual payments scheduled, interest rates, length of term, closing costs and fees, insurance costs, and any completed marketing study or underwriting review; and estimated operating costs during the first two years after completion of the project;

(5) for proposals involving replacement of all or part of a facility, the proposed location of the replacement facility and an estimate of the cost of addressing the problem through renovation;

(6) for proposals involving renovation, an estimate of the cost of addressing the problem through replacement;

(7) the proposed timetable for commencing construction and completing the project; and

(8) a statement of any licensure or certification issues, such as certification survey deficiencies;

(9) the proposed relocation plan for current residents if beds are to be closed so that the department of human services can estimate the total costs of a proposal; and

(10) other information required by permanent rule of the commissioner of health in accordance with subdivisions 4 and 8.

Sec. 5. Minnesota Statutes 1994, section 144A.073, subdivision 3, is amended to read:

Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the limits of money specifically appropriated to the medical assistance program for this purpose, the interagency long-term care planning committee may recommend that the commissioner of health grant exceptions to the nursing home licensure or certification moratorium for proposals that satisfy the requirements of this section. The interagency committee shall appoint an advisory review panel composed of representatives of consumers and providers to review proposals and provide comments and recommendations to the committee. The commissioners of human services and health shall provide staff and technical assistance to the committee for the review and analysis of proposals. The interagency committee shall hold a public hearing before submitting recommendations to the commissioner of health on project requests. The committee shall submit recommendations within 150 days of the date of the publication of the notice, based on a comparison and ranking of proposals using the criteria in subdivision 4. The commissioner of health shall approve or disapprove a project within 30 days after receiving the committee's recommendations. The advisory review panel, the committee, and the commissioner of health shall base their recommendations, approvals, or disapprovals on a comparison and ranking of proposals using only the criteria in subdivision 4 and in emergency and permanent rules adopted by the commissioner. The cost to the medical assistance program of the proposals approved must be within the limits of the appropriations specifically made for this purpose. Approval of a proposal expires 18 months after approval by the commissioner of health unless the facility has commenced construction as defined in section 144A.071, subdivision 1a, paragraph (d). The committee's report to the legislature, as required under section 144A.31, must include the projects approved, the criteria used to recommend proposals for approval, and the estimated costs of the projects, including the costs of initial construction and remodeling, and the estimated operating costs during the first two years after the project is completed.

Sec. 6. Minnesota Statutes 1994, section 144A.073, is amended by adding a subdivision to read:

Subd. 3c. [COST NEUTRAL RELOCATION PROJECTS.] Notwithstanding subdivision 3, the interagency committee may at any time accept proposals for relocations that are cost neutral with respect to state costs as defined in section 144A.071, subdivision 5a. The committee shall review these applications and make recommendations to the commissioner within 90 days. The committee must evaluate proposals according to subdivision 4, clauses (1) to (3), and other criteria established in rule. The commissioner shall approve or disapprove a project within 30 days of receiving the committee's recommendation.

Sec. 7. Minnesota Statutes 1994, section 144A.073, subdivision 4, is amended to read:

Subd. 4. [CRITERIA FOR REVIEW.] (a) The following criteria must shall be used in a consistent manner to compare and, evaluate, and rank all proposals submitted. Except for the criteria specified in clause (3), the application of criteria listed under this subdivision shall not reflect any distinction based on the geographic location of the proposed project:

(1) the extent to which the average occupancy rate of the facility supports the need for the proposed project;

(2) the extent to which the average occupancy rate of all facilities in the county in which the applicant is located, together with all contiguous Minnesota counties, supports the need for the proposed project;

(3) the extent to which the proposal furthers state long-term care goals, including the goals stated in section 144A.31, and including the goal of enhancing the availability and use of alternative care services and the goal of reducing the number of long-term care resident rooms with more than two beds;

(4) the cost-effectiveness of the proposal, including (2) the proposal's long-term effects on the state costs of the medical assistance program, as determined by the commissioner of human services; and including the cost estimate of the project according to section 144A.071, subdivision 5a;

(5) other factors developed in rule by the commissioner of health that evaluate and assess how the proposed project will further promote or protect the health, safety, comfort, treatment, or well-being of the facility's residents.

(b) In addition to the criteria in paragraph (a), the following criteria must be used to evaluate, compare, and rank proposals involving renovation or replacement:

(3) the extent to which the proposal promotes equitable access to long-term care services in nursing homes through redistribution of the nursing home bed supply, as measured by the number of beds relative to the population 85 or older, projected to the year 2000 by the state demographer, and according to items (i) to (iv):

(i) reduce beds in counties where the supply is high, relative to the statewide mean, and increase beds in counties where the supply is low, relative to the statewide mean;

(ii) adjust the bed supply so as to create the greatest benefits in improving the distribution of beds;

(iii) adjust the existing bed supply in counties so that the bed supply in the counties, together with all contiguous Minnesota counties, moves toward the statewide mean; and

(iv) adjust the existing bed supply so that the distribution of beds as projected for the year 2020 would be consistent with projected need, based on the methodology outlined in the interagency long-term care committee's 1993 nursing home bed distribution study;

(1) (4) the extent to which the project improves conditions that affect the health or safety of residents, such as narrow corridors, narrow door frames, unenclosed fire exits, and wood frame construction, and similar provisions contained in fire and life safety codes and licensure and certification rules;

(2) (5) the extent to which the project improves conditions that affect the comfort or quality of life of residents in a facility or the ability of the facility to provide efficient care, such as a relatively high number of residents in a room; inadequate lighting or ventilation; poor access to bathing or toilet facilities; a lack of available ancillary space for dining rooms, day rooms, or rooms used for other activities; problems relating to heating, cooling, or energy efficiency; inefficient location of nursing stations; narrow corridors; or other provisions contained in the licensure and certification rules;

(6) the extent to which the applicant demonstrates the delivery of quality care, as defined in state and federal statutes and rules, to residents as evidenced by the two most recent state agency certification surveys and the applicants' response to those surveys;

(7) the extent to which the project removes the need for waivers or variances previously granted by either the licensing agency, certifying agency, fire marshal, or local government entity; and

(8) other factors that may be developed in permanent rule by the commissioner of health that evaluate and assess how the proposed project will further promote or protect the health, safety, comfort, treatment, or well-being of the facility's residents.

Sec. 8. Minnesota Statutes 1994, section 144A.073, subdivision 5, is amended to read:

Subd. 5. [REPLACEMENT RESTRICTIONS.] (a) Proposals submitted or approved under this section involving replacement must provide for replacement of the facility on the existing site except as allowed in this subdivision.

(b) Facilities located in a metropolitan statistical area other than the Minneapolis-St. Paul seven-county metropolitan area may relocate to a site within the same census tract or a contiguous census tract.

(c) Facilities located in the Minneapolis-St. Paul seven-county metropolitan area may relocate to a site within the same or contiguous health planning area as adopted in March 1982 by the metropolitan council.

(d) Facilities located outside a metropolitan statistical area may relocate to a site within the same city or township, or within a contiguous township.

(e) A facility relocated to a different site under paragraph (b), (c), or (d) must not be relocated to a site more than six miles from the existing site.

(f) The relocation of part of an existing first facility to a second location, under paragraphs (d) and (e), may include the relocation to the second location of up to four beds from part of an existing third facility located in a township contiguous to the location of the first facility. The six-mile limit in paragraph (e) does not apply to this relocation from the third facility.

(g) For proposals approved on January 13, 1994, under this section involving the replacement of 102 licensed and certified beds, the relocation of the existing first facility to the second and third locations under paragraphs (d) and (e) may include the relocation of up to 50 percent of the beds of the existing first facility to each of the locations. The six-mile limit in paragraph (e) does not apply to this relocation to the third location. Notwithstanding subdivision 3, construction of this project may be commenced any time prior to January 1, 1996.

Sec. 9. Minnesota Statutes 1994, section 144A.073, subdivision 8, is amended to read:

Subd. 8. [RULEMAKING.] The commissioner of health shall adopt emergency or permanent rules to implement this section. The permanent rules must be in accordance with and implement only the criteria listed in this section. The authority to adopt emergency permanent rules continues until December 30, 1988 July 1, 1996.

Sec. 10. [REPEALER.]

Minnesota Statutes 1994, section 144A.073, subdivision 3a, is repealed.

Sec. 11. [EFFECTIVE DATE.]

Sections 2, 3, 6, 7, and 8 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to health; modifying provisions relating to nursing home moratorium exceptions; amending Minnesota Statutes 1994, sections 144A.071, subdivision 2, and by adding a subdivision; and 144A.073, subdivisions 1, 2, 3, 4, 5, 8, and by adding a subdivision; repealing Minnesota Statutes 1994, section 144A.073, subdivision 3a."

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

The report was adopted.

Wejcman from the Committee on Health and Human Services to which was referred:

H. F. No. 503, A bill for an act relating to water; providing for the classification of water supply systems and wastewater treatment facilities and certification of operators by the department of health and the pollution control agency; appropriating money; amending Minnesota Statutes 1994, sections 115.71, subdivisions 1, 4, 8, 10, and by adding subdivisions; 115.72; 115.73; 115.75; 115.76; 115.77; and 144.99, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 115; repealing Minnesota Statutes 1994, sections 115.71, subdivisions 2, 3, and 3a; 115.74; 115.78; 115.79; 115.80; and 115.82.

Reported the same back with the following amendments:

Page 7, lines 22 and 25, delete "$35" and insert "$32"

Page 7, lines 23 and 26, delete "$25" and insert "$23"

Page 8, line 22, delete "$......." and insert "$44,000"

Page 8, line 23, delete "$......." and insert "$82,000"

With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources Finance without further recommendation.

The report was adopted.

Wejcman from the Committee on Health and Human Services to which was referred:

H. F. No. 598, A bill for an act relating to human services; licensing; administrative hearings; vulnerable adults reporting act; imposing criminal penalties; amending Minnesota Statutes 1994, sections 13.46, subdivision 4; 13.82, subdivision 10, and by adding subdivisions; 13.88; 13.99, subdivision 113; 144.4172, subdivision 8; 144.651, subdivisions 14 and 21; 144A.103, subdivision 1; 144A.612; 144B.13; 148B.68, subdivision 1; 214.10, subdivision 2a; 245A.04, subdivisions 3 and 3b; 253B.02, subdivision 4a; 256.045, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and by adding a subdivision; 256E.03, subdivision 2; 256E.081, subdivision 4; 268.09, subdivision 1; 325F.692, subdivision 2; 525.703, subdivision 3; 609.224, subdivision 2; 609.268, subdivisions 1 and 2; 609.72, by adding a subdivision; 609.7495, subdivision 1; 626.556, subdivision 12; and 626.557, subdivisions 1, 3, 3a, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 144; 609; and 626; repealing Minnesota Statutes 1994, sections 609.23; 609.231; and 626.557, subdivisions 2, 10a, 11, 11a, 12, 13, 15, and 19.

Reported the same back with the following amendments:

Page 6, line 23, before the period, insert "or 626.557, subdivision 7"

Page 12, line 15, after "known" insert "if the lead agency knows them to be aware of the investigation"

Page 13, delete lines 4 to 10

Page 13, line 11, delete "(h)" and insert "(g)"

Page 13, line 22, delete "(i)" and insert "(h)"

Page 13, line 26, delete "(j)" and insert "(i)"

Page 24, line 33, after "contact" insert "or penetration"

Page 25, delete lines 25 to 35

Page 30, line 14, after the semicolon, insert "or"

Page 30, delete lines 15 to 24

Page 30, line 25, delete "(4)" and insert "(3)"

Page 30, after line 36, insert:

"(e) Nothing in this definition is intended to prohibit sexual contact between a vulnerable adult and the vulnerable adult's spouse or domestic partner."

Page 35, line 36, after "contact" insert "or penetration"

Page 36, line 17, delete the period and insert "; or"

Page 36, line 24, delete the semicolon and insert a period

Page 36, delete lines 25 to 32

Page 36, line 33, delete everything before "Nothing" and insert paragraph coding

Page 38, line 17, delete the period and insert "; or"

Page 38, line 24, delete the semicolon and insert a period

Page 38, delete lines 25 to 32

Page 38, line 33, delete everything before "Nothing" and insert paragraph coding

Page 39, delete section 5

Page 41, line 14, delete "9" and insert "8"

Page 77, after line 22, insert:

"Sec. 22. [FEE INCREASE.]

To implement the requirements of the vulnerable adults act under Minnesota Statutes, sections 144.057 and 626.557, the following adjustments shall be made: (1) licensing fees shall be increased $20 per bed for (i) nursing homes licensed under Minnesota Statutes, chapter 144A; (ii) boarding care homes licensed under Minnesota Statutes, sections 144.50 to 144.58; (iii) residential care homes licensed under Minnesota Statutes, chapter 148B; and (iv) board and lodging establishments that are registered to provide supportive or health supervision services under Minnesota Statutes, section 157.031; (2) licensing fees shall be increased by 25 percent for home care agencies licensed under Minnesota Statutes, chapter 144A and outpatient surgical centers licensed under Minnesota Statutes, chapter 144; and (3) licensing fees for hospitals licensed under Minnesota Statutes, sections 144.50 to 144.58 shall remain at the levels charged in 1994.

Section 1. [APPROPRIATIONS; COMMISSIONER OF HEALTH.]

$3,060,855 is appropriated from the state government special revenue fund to the commissioner of health for the purposes of implementing articles 1 and 3 and is available for the biennium ending June 30, 1997."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "increasing licensing fees for certain facilities; appropriating money;"

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

The report was adopted.

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

H. F. No. 1056, A bill for an act relating to transportation; requiring transit symbol on licenses and identification cards for senior citizens, absent a request to the contrary; requiring consultation for route and schedule changes; establishing route and schedule planning review process; authorizing a study and report by the metropolitan council concerning coordination of transit services; authorizing assessment of electric and alternative fuel vehicle technology; authorizing issuance of free bus passes; appropriating money; amending Minnesota Statutes 1994, sections 171.07, subdivisions 1 and 3a; 473.375, by adding subdivisions; and 473.408, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

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

The report was adopted.

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

H. F. No. 1589, A bill for an act relating to natural resources; appropriating money for studies relating to harvesting of peat; requiring reports.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Economic Development, Infrastructure and Regulation Finance without further recommendation.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1802, A bill for an act relating to agriculture; establishing a pilot dairy education and technology transfer program; appropriating money.

Reported the same back with the following amendments:

Page 1, line 8, delete "$1,239,750" and insert "$912,000"

Page 1, line 9, delete "(d)" and insert "(c)"

Page 1, line 14, after the period, insert "The appropriation for each activity in this section must be matched at the rate of one dollar of nonpublic money for each four dollars appropriated."

Page 1, line 16, delete "$70,100" and insert "$56,000"

Page 1, line 22, delete "$380,000" and insert "$304,000"

Page 2, line 2, delete "$95,000" and insert "$76,000"

Page 2, line 5, delete "$95,000" and insert "$76,000"

Page 2, line 7, delete "$95,000" and insert "$76,000"

Page 2, line 10, delete "$95,000" and insert "$76,000"

Page 2, line 13, delete "$689,650" and insert "$552,000"

Page 2, line 16, delete "$539,650" and insert "$432,000"

Page 2, line 21, delete "$259,875" and insert "$216,000"

Page 2, line 22, delete "$259,875" and insert "$216,000"

Page 2, line 27, delete "$150,000" and insert "$120,000"

Page 2, delete line 31 to page 3, line 8

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "requiring a nonpublic match;"

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

The report was adopted.

H. F. Nos. 1837, 217, 244 and 1056 were read for the second time.

S. F. No. 317 was read for the second time.

The following House Files were introduced:

Rest; Anderson, I.; Solberg; Long and Wagenius introduced:

H. F. No. 1844, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with property taxes.

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

Huntley, Marko, Wenzel, Otremba and Sarna introduced:

H. F. No. 1845, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with property taxes.

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

Jefferson, Garcia, Lieder, Brown and Schumacher introduced:

H. F. No. 1846, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with property taxes.

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

Johnson, R.; Mariani; Murphy; Entenza and Bakk introduced:

H. F. No. 1847, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, section 1; prohibiting financing of certain education costs with property taxes.

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

Mariani introduced:

H. F. No. 1848, A resolution memorializing Congress to prohibit states from economic warfare to attract and retain business.

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

Bishop, Skoglund, Weaver, Pugh and Macklin introduced:

H. F. No. 1849, A bill for an act relating to elections; requiring candidates for attorney general to be learned in the law; proposing an amendment to the Minnesota Constitution, article V, section 1; amending Minnesota Statutes 1994, section 204B.06, subdivision 4.

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

The following message was received from the Senate:

Mr. Speaker:

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

H. F. No. 602, A bill for an act relating to taxation; making tax policy, collection, and administrative changes; imposing penalties; amending Minnesota Statutes 1994, sections 60A.15, subdivision 12; 60A.199, subdivisions 8 and 10; 270.72, subdivisions 1, 2, and 3; 273.124, subdivisions 3 and 6; 274.14; 289A.18, subdivision 2; 289A.20, subdivision 2; 289A.38, subdivision 7; 289A.40, subdivision 1; 289A.43; 289A.55, subdivision 7; 289A.60, subdivisions 2, 12, and by adding a subdivision; 290.01, subdivision 7b; 290.015, subdivision 1; 290.191, subdivisions 1, 5, and 6; 290.92, subdivisions 1 and 23; 290.9201, subdivision 3; 294.09, subdivisions 1 and 4; 295.53, subdivision 2; 296.12, subdivisions 3, 4, and 11; 296.141, subdivisions 1, 2, and 6; 296.17, subdivisions 1, 3, 5, and 11; 296.18, subdivisions 1, 2, and 5; 297.08, subdivisions 1 and 3; 297.35, subdivision 1; 297.43, subdivision 2; 297C.02, subdivision 2; 297C.07; 297C.14, subdivision 2; 297E.11, subdivision 4; 297E.12, subdivision 2; 299F.26, subdivisions 1 and 4; proposing coding for new law in Minnesota Statutes, chapters 270; 296; and 340A; repealing Minnesota Statutes 1994, sections 270.70, subdivisions 8, 9, and 10; 297A.212; and 297A.38.

Patrick E. Flahaven, Secretary of the Senate

Winter moved that the Message from the Senate together with H. F. No. 602 be laid on the table. The motion prevailed.

S. F. No. 1209, A bill for an act relating to Hennepin county; modifying certain provisions concerning the county medical examiners office; amending Minnesota Statutes 1994, section 383B.225, subdivisions 5, 6, 7, 9, 11, and 12.

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 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Orenstein    Sviggum
Anderson, B. Girard       Larsen       Orfield      Swenson, D.
Bakk         Goodno       Leighton     Osskopp      Swenson, H.
Bertram      Greenfield   Leppik       Osthoff      Sykora
Bettermann   Greiling     Lieder       Ostrom       Tomassoni
Bishop       Haas         Lindner      Otremba      Tompkins
Boudreau     Hackbarth    Long         Ozment       Trimble
Bradley      Harder       Lourey       Paulsen      Tuma
Broecker     Hasskamp     Luther       Pawlenty     Tunheim
Brown        Hausman      Lynch        Pellow       Van Dellen
Carlson      Holsten      Macklin      Pelowski     Van Engen
Carruthers   Hugoson      Mahon        Perlt        Vickerman
Clark        Huntley      Mares        Peterson     Wagenius
Commers      Jaros        Mariani      Pugh         Warkentin
Cooper       Jefferson    Marko        Rest         Weaver
Daggett      Jennings     McElroy      Rhodes       Wejcman
Dauner       Johnson, A.  McGuire      Rice         Wenzel
Davids       Johnson, R.  Milbert      Rostberg     Winter
Dawkins      Johnson, V.  Molnau       Rukavina     Wolf
Dehler       Kalis        Mulder       Sarna        Worke
Delmont      Kelley       Munger       Schumacher   Workman
Dempsey      Kelso        Murphy       Seagren      Sp.Anderson,I
JOURNAL OF THE HOUSE - 41st Day - Top of Page 2078

Dorn         Kinkel       Ness         Simoneau     
Entenza      Knight       Olson, E.    Skoglund     
Erhardt      Knoblach     Olson, M.    Smith        
Farrell      Koppendrayer Onnen        Solberg      
Finseth      Kraus        Opatz        Stanek       

Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

H. F. No. 787 was reported to the House.

There being no objection, H. F. No. 787 was continued on Special Orders.

H. F. No. 1573 was reported to the House.

There being no objection, H. F. No. 1573 was continued on Special Orders.

H. F. No. 1184 was reported to the House.

Jennings moved that H. F. No. 1184 be continued on Special Orders until Thursday, April 20, 1995. The motion prevailed.

S. F. No. 680, A bill for an act relating to state lands; authorizing the commissioner of natural resources to sell certain land in Scott county.

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 125 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Orenstein    Sviggum
Anderson, B. Girard       Larsen       Orfield      Swenson, D.
JOURNAL OF THE HOUSE - 41st Day - Top of Page 2079

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

Trimble                   

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding General Orders for today, Tuesday, April 18, 1995:

H. F. Nos. 2, 877 and 1478; S. F. No. 1144; H. F. No. 1258; S. F. Nos. 752, 375 and 965; and H. F. Nos. 927 and 1626.

H. F. No. 2 was reported to the House.

Johnson, A., moved to amend H. F. No. 2, the second engrossment, as follows:

Page 2, line 10, strike "January 1," and delete "1996" and insert "August 1, 1995"

Page 2, line 24, delete "January 1, 1996" and insert "August 1, 1995"

The motion prevailed and the amendment was adopted.

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

Abrams       Frerichs     Krinkie      Opatz        Sviggum
Anderson, B. Girard       Larsen       Orenstein    Swenson, D.
Bakk         Goodno       Leighton     Orfield      Swenson, H.
Bertram      Greenfield   Leppik       Osskopp      Sykora
Bettermann   Greiling     Lieder       Osthoff      Tomassoni
Bishop       Haas         Lindner      Ostrom       Tompkins
Boudreau     Hackbarth    Long         Otremba      Trimble
Bradley      Harder       Lourey       Ozment       Tuma
Broecker     Hasskamp     Luther       Paulsen      Tunheim
Brown        Hausman      Lynch        Pawlenty     Van Dellen
Carlson      Holsten      Macklin      Pellow       Van Engen
Carruthers   Hugoson      Mahon        Pelowski     Vickerman
Clark        Huntley      Mares        Perlt        Wagenius
Commers      Jefferson    Mariani      Peterson     Warkentin
Cooper       Jennings     Marko        Pugh         Weaver
Daggett      Johnson, A.  McCollum     Rest         Wejcman
Dauner       Johnson, R.  McElroy      Rhodes       Wenzel
Davids       Johnson, V.  McGuire      Rostberg     Winter
Dawkins      Kahn         Milbert      Rukavina     Wolf
Dehler       Kalis        Molnau       Sarna        Worke
Delmont      Kelley       Mulder       Schumacher   Workman
Dempsey      Kelso        Munger       Seagren      Sp.Anderson,I
JOURNAL OF THE HOUSE - 41st Day - Top of Page 2080

Dorn         Kinkel       Murphy       Simoneau     
Entenza      Knight       Ness         Skoglund     
Erhardt      Knoblach     Olson, E.    Smith        
Farrell      Koppendrayer Olson, M.    Solberg      
Finseth      Kraus        Onnen        Stanek       

Knight moved to amend H. F. No. 2, the second engrossment, as amended, as follows:

Delete everything after the enacting clause and insert:

"Section 1. [REPEALER.]

Minnesota Statutes 1994, sections 116.60 to 116.65, are repealed effective December 1, 1995. This section is effective the day following its final enactment."

Amend the title as follows:

Delete lines 3 to 9 and insert "repealing laws mandating motor vehicle emission inspections; repealing Minnesota Statutes 1994, sections 116.60 to 116.65."

A roll call was requested and properly seconded.

The question was taken on the Knight amendment and the roll was called. There were 64 yeas and 68 nays as follows:

Those who voted in the affirmative were:

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

Bakk         Greiling     LeightonOlson, E.Schumacher
Bertram      Hasskamp     LeppikSimoneau
Brown        Hausman      LiederSkoglund
Carlson      Huntley      LongSolberg
Carruthers   Jaros        LoureyTomassoni
Clark        Jefferson    LutherTrimble
Cooper       Jennings     MahonTunheim
Dauner       Johnson, A.  MarianiWagenius
Davids       Johnson, R.  MarkoWejcman
Delmont      Kahn         McCollumWenzel
Dorn         Kalis        McGuireWinter
Entenza      Kelley       MilbertSp.Anderson,I
Farrell      Kelso        Munger
Garcia       Kinkel       Murphy
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
Opatz        
Orenstein    
Orfield      
Osthoff      
Ostrom       
Otremba      
Ozment       
Pelowski     
Peterson     
Pugh         
Rest         
Rice         
Rukavina     

Pellow and Simoneau moved to amend H. F. No. 2, the second engrossment, as amended, as follows:

Page 1, after line 10, insert:

"Section 1. Minnesota Statutes 1994, section 116.60, is amended by adding a subdivision to read:

Subd. 8a. [PRIVATE INSPECTION STATION.] "Private inspection station" means a private repair facility certified by the state to do motor vehicle inspections."

Page 2, after line 2, insert:

"Sec. 2. Minnesota Statutes 1994, section 116.61, subdivision 1, is amended to read:

Subdivision 1. [REQUIREMENT.] (a) Beginning no later than July 1, 1991, each motor vehicle registered to an owner residing in the metropolitan area and each motor vehicle customarily domiciled in the metropolitan area but exempt from registration under section 168.012 or 473.448 must be inspected annually for air pollution emissions as provided in sections 116.60 to 116.65.

(b) The inspections must take place at a public, private, or fleet inspection station. The inspections must take place within 90 days prior to the registration deadline for the vehicle or, for vehicles that are exempt from license fees under section 168.012 or 473.448, at a time set by the agency.

(c) The registration on a motor vehicle subject to paragraph (a) may not be renewed unless the vehicle has been inspected for air pollution emissions as provided in sections 116.60 to 116.65 and received a certificate of compliance or a certificate of waiver."

Page 2, after line 7, insert:

"Sec. 3. Minnesota Statutes 1994, section 116.62, subdivision 4, is amended to read:

Subd. 4. [PRIVATE, OR FLEET INSPECTION STATIONS; LICENSE.] (a) The program shall provide for the licensing of private, or fleet inspection stations by the agency. The license must be issued by the agency, upon payment of a licensing fee in a manner and an amount prescribed by the agency, when the agency determines that an applicant satisfies the requirements of this section and agency rules.

(b) Owners of a fleet of 50 or more motor vehicles may apply for a fleet inspection station license. Two or more persons each owning 25 or more motor vehicles may apply jointly for a fleet inspection station license.

(c) A licensee shall have the facilities, equipment, and personnel to competently perform the inspections required by sections 116.60 to 116.65 and the rules of the agency. A licensee shall provide for the inspection of each fleet vehicle in accordance with the requirements of section 116.61 and before registration of the vehicle shall indicate in a manner prescribed by the agency whether the vehicle complies with the emission standards of the agency.

(d) A fleet inspection station license authorizes and obligates the licensee to perform inspections only on motor vehicles owned or operated exclusively by the fleet licensee.

(e) A licensee shall maintain records of all inspections in a manner prescribed by the agency and shall make the records available for inspection by authorized representatives of the agency during normal business hours.

(f) To ensure compliance, the agency may require fleet licensees to submit motor vehicles designated by the agency numbering five percent or five motor vehicles, whichever is larger, but no more than 25 vehicles, to annual inspection at public inspection stations."

Page 2, line 24, delete "3" and insert "6"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Pellow and Simoneau amendment and the roll was called. There were 65 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

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

Tompkins moved to amend H. F. No. 2, the second engrossment, as amended, as follows:

Page 2, line 21, delete "July 1,"

Page 2, line 22, delete "1998" and insert "December 1, 1995"

A roll call was requested and properly seconded.

Carruthers raised a point of order pursuant to section 421 of "Mason's Manual of Legislative Procedure" relating to equivalent amendments. The Speaker ruled the point of order not well taken and the Tompkins amendment in order.

The question recurred on the Tompkins amendment and the roll was called. There were 130 yeas and 2 nays as follows:

Those who voted in the affirmative were:

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

Greenfield   Kahn                      

Knight moved to amend H. F. No. 2, the second engrossment, as amended, as follows:

Page 2, line 6, delete "five" and insert "ten"

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Knight amendment and the roll was called. There were 61 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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

Bakk         Greiling     Leppik       Opatz        Simoneau
Bertram      Hasskamp     Lieder       Orenstein    Skoglund
Brown        Hausman      Long         Orfield      Solberg
Carlson      Huntley      Lourey       Osthoff      Tomassoni
Carruthers   Jaros        Luther       Ostrom       Trimble
Clark        Jefferson    Mahon        Otremba      Tunheim
Cooper       Jennings     Mariani      Ozment       Wagenius
Dauner       Johnson, A.  Marko        Pelowski     Wejcman
Davids       Johnson, R.  McCollum     Peterson     Wenzel
Delmont      Kahn         McElroy      Pugh         Winter
Dorn         Kalis        McGuire      Rest         Wolf
Entenza      Kelley       Milbert      Rice         Sp.Anderson,I
Farrell      Kelso        Munger       Rukavina     
JOURNAL OF THE HOUSE - 41st Day - Top of Page 2083

Garcia       Kinkel       Murphy       Sarna        
Greenfield   Leighton     Olson, E.    Schumacher   

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

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

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

Those who voted in the affirmative were:

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

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

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

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

Workman moved that the name of Harder be added as an author on H. F. No. 1593. The motion prevailed.

Orenstein moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, April 13, 1995, when the vote was taken on the final passage of H. F. No. 54." The motion prevailed.

Long moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, April 12, 1995, when the vote was taken on the repassage of H. F. No. 1363, as amended by the Senate." The motion prevailed.

Hackbarth moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, April 13, 1995, when the vote was taken on the final passage of H. F. No. 1450." The motion prevailed.

Greenfield moved that S. F. No. 386 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.

Wenzel moved that H. F. No. 339 be returned to its author. The motion prevailed.

Wenzel moved that H. F. No. 1839 be returned to its author. The motion prevailed.

Carruthers moved that when the House adjourns today it adjourn until 1:00 p.m., Wednesday, April 19, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 1:00 p.m., Wednesday, April 19, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

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