Saint Paul, Minnesota, Thursday, May 18, 1995
The House of Representatives convened at 10:00 a.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Father Paul Magee, St. Hubert Catholic
Church, Chanhassen, Minnesota.
The roll was called and the following members were present:
Huntley, Lourey and Van Engen were excused until 10:55 a.m.
Anderson, R., was excused until 11:00 a.m. Rice was excused
until 4:30 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.
Abrams Finseth Knoblach Olson, E. Skoglund
Anderson, B. Frerichs Koppendrayer Olson, M. Smith
Bakk Garcia Kraus Onnen Solberg
Bertram Girard Krinkie Opatz Stanek
Bettermann Goodno Larsen Orenstein Sviggum
Bishop Greenfield Leighton Orfield Swenson, D.
Boudreau Greiling Leppik Osskopp Swenson, H.
Bradley Haas Lieder Osthoff Sykora
Broecker Hackbarth Lindner Ostrom Tomassoni
Brown Harder Long Otremba Tompkins
Carlson Hasskamp Luther Ozment Trimble
Carruthers Hausman Lynch Paulsen Tuma
Clark Holsten Macklin Pawlenty Tunheim
Commers Hugoson Mahon Pellow Van Dellen
Cooper Jaros Mares Pelowski Vickerman
Daggett Jefferson Mariani Perlt Wagenius
Dauner Jennings Marko Peterson Warkentin
Davids Johnson, A. McCollum Pugh Weaver
Dawkins Johnson, R. McElroy Rest Wejcman
Dehler Johnson, V. McGuire Rhodes 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
A quorum was present.
The following communications were received:
OFFICE OF THE GOVERNOR
May 15, 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. 1442, relating to health; occupations and professions; modifying provisions relating to the office of mental health practice; licensing of chemical dependency counselors and hearing instrument dispensers; establishing an advisory council; providing penalties.
H. F. No. 1037, relating to health; providing rulemaking authority; modifying enforcement and fee provisions; modifying the hearing instrument dispenser trainee period; providing penalties.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled 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 andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1995 1995
1404 163 9:58 a.m. May 15 May 15
1442 164 10:10 a.m. May 15 May 15
1037 165 10:06 a.m. May 15 May 15
870 166 10:00 a.m. May 15 May 15
1543 167 10:04 a.m. May 15 May 15
Sincerely,
Joan Anderson Growe
Secretary of State
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 10, A resolution instructing the United States government to conform to the limits on federal powers expressed by the Tenth Amendment.
Reported the same back with the following amendments:
Delete page 1, line 6, to page 2, line 24, and insert:
"Whereas, the Tenth Amendment to the Constitution of the United States reads as follows:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and
Whereas, there is an intent in the Constitution that the federal government and the governments of the states each have powers within their respective scopes of authority and, to that extent, share in the responsibility to serve the citizens; and
Whereas, the Constitution is clear in both delineating limitations on the scope of federal power and reserving powers for the states; and
Whereas, the federal government has imposed unfunded mandates that extend into areas of law reserved for the states; and
Whereas, the people of the states, individually and collectively, are best served by a respect for and adherence to the law as embodied in the Constitution; Now Therefore,
Be It Resolved by the Legislature of the State of Minnesota:
(1) that the State of Minnesota reserves, under the Tenth Amendment to the Constitution of the United States, all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
(2) that the State of Minnesota requests that the federal government resist all future mandates that are inconsistent with the 10th amendment.
Be It Further Resolved that the Secretary of State of the State of Minnesota is directed to prepare copies of this resolution and transmit them to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Speaker of the House of Representatives and the President of the Senate of each states' legislature, and Minnesota's Representatives and Senators in Congress."
With the recommendation that when so amended the bill pass.
The report was adopted.
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
S. F. No. 371, A bill for an act relating to transportation; abolishing certain restrictions relating to highway construction; amending Minnesota Statutes 1994, sections 161.1231, subdivision 1; and 473.391; repealing Minnesota Statutes 1994, sections 161.123; and 161.124.
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.
H. F. No. 10 was read for the second time.
The following House Files were introduced:
Huntley, Delmont, Jennings and Lourey introduced:
H. F. No. 1926, A bill for an act relating to occupations; regulating the practice of dental hygiene; amending Minnesota Statutes 1994, sections 150A.05; 150A.06, subdivision 2; and 150A.10, subdivision 1.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Hackbarth introduced:
H. F. No. 1927, A bill for an act relating to family law; child support; providing for consideration of other children in setting or modifying a child support order; making the existence of other children a ground for modification of child support; amending Minnesota Statutes 1994, sections 518.551, subdivision 5; and 518.64, subdivision 2.
The bill was read for the first time and referred to the Committee on Judiciary.
Rostberg, Schumacher, Greiling, Hausman and Garcia introduced:
H. F. No. 1928, A bill for an act relating to the legislature; requiring study of nonpartisan legislature.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Macklin introduced:
H. F. No. 1929, A bill for an act relating to criminal procedure; providing for rebuttal argument by the prosecution; amending Minnesota Statutes 1994, section 631.07.
The bill was read for the first time and referred to the Committee on Judiciary.
Koppendrayer and Kelso introduced:
H. F. No. 1930, A bill for an act relating to education; modifying probationary and continuing contract teacher review; amending Minnesota Statutes 1994, section 125.12, subdivisions 3b and 4b.
The bill was read for the first time and referred to the Committee on Education.
Simoneau, Sviggum and Bertram introduced:
H. F. No. 1931, A bill for an act relating to civil action; amending Minnesota Statutes 1994, sections 549.20, by adding a subdivision; 595.02, subdivision 5; 604.02, subdivision 1, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 541; 548; 549.
The bill was read for the first time and referred to the Committee on Judiciary.
Swenson, D., and Skoglund introduced:
H. F. No. 1932, A bill for an act relating to juvenile justice; amending time requirements for certain certification and extended jurisdiction juvenile hearings; requiring the court to take into consideration public safety and restoration of the victim upon making a disposition of a child adjudicated delinquent; authorizing placing a child under the age of 12 in long-term foster care under certain circumstances; amending Minnesota Statutes 1994, sections 260.125, subdivision 2; 260.126, subdivision 2; 260.185, subdivision 1; and 260.191, subdivision 3b.
The bill was read for the first time and referred to the Committee on Judiciary.
Swenson, D., introduced:
H. F. No. 1933, A bill for an act relating to employment; providing immunity for employment references given in good faith; proposing coding for new law in Minnesota Statutes, chapter 181.
The bill was read for the first time and referred to the Committee on Labor-Management Relations.
Erhardt introduced:
H. F. No. 1934, A bill for an act relating to securities; face-amount certificate companies, open-end management companies, and unit investment trusts; providing for the calculation of registration fees and uniform expiration, renewal, and reporting provisions; exempting qualified investment companies from registration; amending Minnesota Statutes 1994, sections 80A.12, subdivisions 2, 9, 10, and by adding a subdivision; 80A.13, subdivision 1; 80A.15, subdivision 1; and 80A.28, subdivisions 1, 3, and by adding a subdivision; repealing Minnesota Statutes 1994, sections 80A.12, subdivision 9.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Koppendrayer introduced:
H. F. No. 1935, A bill for an act relating to state government; providing for the funding of state mandated programs and procedures; proposing coding for new law in Minnesota Statutes, chapter 3.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Farrell, Sarna, Osthoff, Rukavina and Tomassoni introduced:
H. F. No. 1936, A bill for an act relating to occupations and professions; regulating the installation and repair of fuel burner, heating, air conditioning, ventilation, refrigeration, steam and hot water heating equipment and systems in certain cities; proposing coding for new law as Minnesota Statutes, chapter 325J.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Krinkie; Olson, M.; Stanek; Warkentin and Perlt introduced:
H. F. No. 1937, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 5; article V, by adding a section; and article VII, section 6; requiring certain elected officials to resign on filing for another elective office or accepting appointment to another office.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Boudreau and Munger introduced:
H. F. No. 1938, A bill for an act relating to animals; prohibiting the group training of dogs on state wildlife management areas; amending Minnesota Statutes 1994, section 97B.005, subdivision 1.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
The following House Advisory was introduced:
Wejcman introduced:
H. A. No. 17, A proposal to study issues related to the out-of-home placement of children with relatives.
The advisory was referred to the Committee on Health and Human Services.
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. 1211, A bill for an act relating to public contractors' performance bonds; exempting certain manufacturers from requirements for posting bonds; amending Minnesota Statutes 1994, section 574.26, by adding a subdivision.
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. 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 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. 1101, A bill for an act relating to water law; making miscellaneous technical corrections to water law; delegation of permit authority; minimal impact permits; removal of hazardous dams; amending Minnesota Statutes 1994, sections 103F.215, subdivision 1; 103F.221, subdivision 1; 103G.005, subdivision 14; 103G.105; 103G.111, subdivision 1; 103G.121, subdivision 1; 103G.135; 103G.245, subdivisions 3 and 5; 103G.271, subdivision 2; 103G.275, subdivision 1; 103G.295, subdivision 4; 103G.301, subdivision 2; 103G.315, subdivisions 12 and 15; 103G.511, subdivision 12; 103G.515, by adding a subdivision; and 103G.611, subdivision 3.
Patrick E. Flahaven, Secretary of the Senate
Trimble moved that the House refuse to concur in the Senate amendments to H. F. No. 1101, 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 has concurred in and adopted the report of the Conference Committee on:
S. F. No. 188.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
A bill for an act relating to appropriations; permitting use of appropriation to relocate athletic fields and facilities at Brainerd Technical College; authorizing additional design and construction of space at certain community college campuses; requiring plans to provide for joint use of space with certain technical colleges and state universities; authorizing additional construction using nonstate resources; amending Laws 1992, chapter 558, section 2, subdivision 3; and Laws 1994, chapter 643, section 11, subdivisions 6, 8, 10, and 11.
May 5, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 188, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment and that S. F. No. 188 be further amended as follows:
Page 2, delete sections 3 and 4 and insert:
"Sec. 3. Laws 1994, chapter 643, section 11, subdivision 10, is amended to read:
Subd. 10. North Hennepin Community College 6,000,000
This appropriation is to plan
predesign, design,
remodel, and construct
space for classrooms, labs
classroom, student services,
learning resource center,
the campus center, and
administrative, and related
space, and to predesign and
design through design
development the reuse of vacated
space including addition to
and remodeling of the learning
resource center, labs, and
portions of the campus center.
This appropriation may be used
to predesign and design this
reuse and addition even if its
construction would require an
additional appropriation."
Page 3, after line 38, insert:
"Sec. 5. [REPORT ON BRAINERD AND WILLMAR ADOLESCENT PROGRAMS.]
The commissioner of human services shall submit a report to the chairs of the house of representatives ways and means committee and the senate finance committee by February 1, 1996, providing information on the cost and feasibility of remodeling the facilities at Brainerd and Willmar to accommodate up to 20 additional beds in each facility for the current program for adolescents."
Renumber the sections in sequence and correct internal references
Amend the title as follows:
Page 1, line 11, delete "8"
We request adoption of this report and repassage of the bill.
Senate Conferees: Don Samuelson, LeRoy A. Stumpf and Gary W. Laidig.
House Conferees: Kris Hasskamp and Anthony G. "Tony" Kinkel.
Hasskamp moved that the report of the Conference Committee on S. F. No. 188 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 188, A bill for an act relating to appropriations; permitting use of appropriation to relocate athletic fields and facilities at Brainerd Technical College; authorizing additional design and construction of space at certain community college campuses; requiring plans to provide for joint use of space with certain technical colleges and state universities; authorizing additional construction using nonstate resources; amending Laws 1992, chapter 558, section 2, subdivision 3; and Laws 1994, chapter 643, section 11, subdivisions 6, 8, 10, and 11.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 123 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Koppendrayer Olson, M. Smith Anderson, B. Finseth Kraus Onnen Solberg Bakk Frerichs Larsen Opatz Stanek Bertram Garcia Leighton Orenstein Sviggum Bettermann Girard Leppik Orfield Swenson, D. Bishop Goodno Lieder Osthoff Swenson, H. Boudreau Greenfield Lindner Ostrom Sykora Bradley Greiling Long Otremba Tomassoni Broecker Haas Luther Ozment Tompkins Brown Hackbarth Lynch Paulsen Trimble Carlson Harder Macklin Pawlenty Tunheim Carruthers Hasskamp Mahon Pellow Van Dellen Clark Hausman Mares Pelowski Vickerman Commers Holsten Mariani Perlt Wagenius Cooper Jaros Marko Peterson Warkentin Daggett Jefferson McCollum Pugh Weaver Dauner Jennings McElroy Rest Wejcman Davids Johnson, A. McGuire Rhodes Wenzel Dawkins Johnson, R. Milbert Rostberg Winter Dehler Johnson, V. Molnau Rukavina Wolf Delmont Kahn Mulder Sarna Worke Dempsey Kalis Munger Schumacher Workman Dorn Kelley Murphy Seagren Sp.Anderson,I Entenza Kinkel Ness Simoneau Erhardt Knoblach Olson, E. SkoglundThose who voted in the negative were:
Knight Krinkie Osskopp TumaThe bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 734.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
A bill for an act relating to telecommunications; regulating the 911 system; imposing requirements on private switch telephone service; imposing a civil penalty; amending Minnesota Statutes 1994, sections 403.02, by adding subdivisions; and 403.04.
May 16, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 734, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment and that S. F. No. 734 be further amended as follows:
Page 3, after line 11, insert:
"(c) Unless a later time for compliance is permitted by this section, private shared tenant services using wired facilities and local exchange resellers operating wired facilities in areas where enhanced 911 service is available must by December 31, 1998, ensure that 911 calls transmit an appropriate station number identification to the enhanced 911 service system serving the area where the private shared tenant services facility or resale facility is located."
Page 4, line 19, after the first "the" insert "negligent"
Page 4, after line 25, insert:
"Subd. 13. [EXEMPTIONS.] Patient and resident care rooms and common areas in health care facilities served by a private switch telephone system are exempt from subdivisions 4 to 8.
Subd. 14. [SCHOOL DISTRICTS.] Until January 1, 1998, school districts are exempt from subdivisions 4 to 8."
We request adoption of this report and repassage of the bill.
Senate Conferees: Kevin M. Chandler, Steven G. Novak and Ellen R. Anderson.
House Conferees: Mike Delmont, Thomas Huntley and Dan McElroy.
Delmont moved that the report of the Conference Committee on S. F. No. 734 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 734, A bill for an act relating to telecommunications; regulating the 911 system; imposing requirements on private switch telephone service; imposing a civil penalty; amending Minnesota Statutes 1994, sections 403.02, by adding subdivisions; and 403.04.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 77 yeas and 50 nays as follows:
Those who voted in the affirmative were:
Bakk Greenfield Long Orfield Solberg Bertram Greiling Luther Osthoff Swenson, D. Bishop Haas Lynch Ostrom Tomassoni Brown Hasskamp Mahon Otremba Trimble Carlson Hausman Mares Ozment Tunheim Carruthers Jaros Mariani Pelowski Wagenius Clark Jefferson Marko Perlt Weaver Cooper Johnson, A. McCollum Peterson Wejcman Dauner Johnson, R. McElroy Pugh Wenzel Dawkins Kahn McGuire Rest Winter Delmont Kalis Milbert Rostberg Worke Dorn Kelley Munger Rukavina Workman Entenza Kinkel Murphy Sarna Sp.Anderson,I Farrell Larsen Olson, E. Schumacher Frerichs Leighton Opatz Simoneau Garcia Lieder Orenstein SkoglundThose who voted in the negative were:
Abrams Dempsey Knight Ness Stanek Anderson, B. Erhardt Knoblach Olson, M. Sviggum Bettermann Finseth Koppendrayer Onnen Swenson, H. Boudreau Girard Kraus Osskopp Sykora Bradley Goodno Krinkie Paulsen Tompkins Broecker Hackbarth Leppik Pawlenty Tuma Commers Harder Lindner Pellow Van Dellen Daggett Holsten Macklin Rhodes Vickerman Davids Jennings Molnau Seagren Warkentin Dehler Johnson, V. Mulder Smith WolfThe bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 381.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
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.
May 16, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 381, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 381 be further amended as follows:
Page 10, after line 33, insert:
"Sec. 12. Minnesota Statutes 1994, section 198.003, subdivision 1, is amended to read:
Subdivision 1. [POLICY; RULES; REPORT.] It is the
duty of the board and The board has the power to:
(1) shall determine policy and, subject to
chapter 14, adopt, amend, and repeal rules for the governance of
the homes, and to adopt emergency rules necessary
to implement this chapter. With respect to residents'
administrative appeal time periods that are not established by
statute, the board may create by rule reasonable time periods
within which a resident must appeal an administrative
determination to the next administrative level. If the
determination is not appealed within the time set by rule, the
determination becomes final;
(2) report quarterly to the governor on the management,
operations, and quality of care provided at the homes; and
(3). The board shall take other action as
provided by law.
Emergency rules adopted under this section are not effective
after December 31, 1989.
Sec. 13. Minnesota Statutes 1994, section 198.003, subdivision 3, is amended to read:
Subd. 3. [USE OF FACILITIES CAMPUS.] The board
may allow veterans organizations or public or private social
service, educational, or rehabilitation agencies or organizations
and their clients to use surplus facilities space on a
home's campus, staff, and other resources of the board and
may require the participating agencies or organizations to pay
for that use.
Sec. 14. Minnesota Statutes 1994, section 198.003, subdivision 4, is amended to read:
Subd. 4. [VETERANS HOMES RESOURCES ACCOUNT.] Money received by
the board under subdivision 3 must be deposited in the state
treasury and credited to a veterans homes resources account in
the special revenue fund. Money in the account is appropriated
to the board to operate, maintain, and repair facilities
make repairs at the campus used under subdivision 3,
and to pay including payment of associated legal
fees and expenses.
Sec. 15. Minnesota Statutes 1994, section 198.065, is amended to read:
198.065 [CHIROPRACTIC CARE AVAILABILITY.]
In addition to the other services now provided to residents of
the Minnesota veterans homes, the board shall provide
chiropractic services. The services shall may be
provided, as appropriations permit, without charge to
residents by a licensed chiropractor who is either employed by
the board for the purpose or who has contracted with the board to
provide the services."
Delete the title and insert:
"A bill for an act relating to veterans; the military; eliminating certain duties of the board of directors of the Minnesota veterans homes; 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; clarifying authority for use of funds from surplus facilities of the veterans homes board; 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; 193.148; 198.003, subdivisions 1, 3, and 4; and 198.065."
We request adoption of this report and repassage of the bill.
Senate Conferees: Don Betzold, James P. Metzen and Dave Kleis.
House Conferees: Betty McCollum, Tom Osthoff and Jim Rostberg.
McCollum moved that the report of the Conference Committee on S. F. No. 381 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 381, 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 third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Krinkie Orenstein Sviggum Anderson, B. Garcia Larsen Orfield Swenson, D. Bakk Girard Leighton Osskopp Swenson, H. Bertram Goodno Leppik Osthoff Sykora Bettermann Greenfield Lieder Ostrom Tomassoni Bishop Greiling Lindner Otremba Tompkins Boudreau Haas Long Ozment Trimble Bradley Hackbarth Luther Paulsen Tuma Broecker Harder Lynch Pawlenty Tunheim Brown Hasskamp Macklin Pellow Van Dellen Carlson Hausman Mahon Pelowski Vickerman Carruthers Holsten Mares Perlt Wagenius Clark Jaros Mariani Peterson Warkentin Commers Jefferson Marko Pugh Weaver Cooper Jennings McCollum Rest Wejcman Daggett Johnson, A. McElroy Rhodes Wenzel Dauner Johnson, V. McGuire Rostberg Winter Davids Kahn Milbert Rukavina Wolf Dehler Kalis Molnau Sarna Worke Delmont Kelley Mulder Schumacher Workman Dempsey Kelso Munger Seagren Sp.Anderson,I Dorn Kinkel Murphy Simoneau Entenza Knight Ness Skoglund Erhardt Knoblach Olson, E. Smith Farrell Koppendrayer Olson, M. Solberg Finseth Kraus Onnen StanekThe bill was repassed, as amended by Conference, 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. 1450, A bill for an act relating to health; organ donations; amending the living will form to include provisions for organ donations; allowing a durable power of attorney for health care to include provisions for organ donations; amending Minnesota Statutes 1994, sections 145B.04; and 145C.05, subdivision 2.
Patrick E. Flahaven, Secretary of the Senate
Bishop moved that the House concur in the Senate amendments to H. F. No. 1450 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1450, A bill for an act relating to health; organ donations; amending the living will form to include provisions for organ donations; allowing a durable power of attorney for health care to include provisions for organ donations; amending Minnesota Statutes 1994, sections 145B.04; and 145C.05, subdivision 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 Finseth Koppendrayer Olson, M. Smith Anderson, B. Frerichs Kraus Onnen Solberg Bakk Garcia Krinkie Opatz Stanek Bertram Girard Larsen Orenstein Sviggum Bettermann Goodno Leighton Orfield Swenson, D. Bishop Greenfield Leppik Osskopp Swenson, H. Boudreau Greiling Lieder Osthoff Sykora Bradley Haas Lindner Ostrom Tomassoni Broecker Hackbarth Long Otremba Tompkins Brown Harder Luther Ozment Trimble Carlson Hasskamp Lynch Paulsen Tuma Carruthers Hausman Macklin Pawlenty Tunheim Clark Holsten Mahon Pellow Van Dellen Commers Jaros Mares Pelowski Vickerman Cooper Jefferson Mariani Perlt Wagenius Daggett Jennings Marko Peterson Warkentin Dauner Johnson, A. McCollum Pugh Weaver Davids Johnson, R. McElroy Rest Wejcman Dawkins Johnson, V. McGuire Rhodes Wenzel Dehler Kahn Milbert Rostberg Winter Delmont Kalis Molnau Rukavina Wolf Dempsey Kelley Mulder Sarna Worke Dorn Kelso Munger Schumacher Workman Entenza Kinkel Murphy Seagren Sp.Anderson,I Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. SkoglundThe bill was repassed, as amended by the Senate, and its title agreed to.
The following Conference Committee Reports were received:
A bill for an act relating to parks and recreation; additions to and deletions from state parks; establishing a new state park and deleting two state waysides; amending Minnesota Statutes 1994, section 84.054, by adding a subdivision; repealing Minnesota Statutes 1994, section 85.013, subdivisions 13 and 20.
May 16, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 479, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 479 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [ADDITIONS TO, DELETIONS FROM, AND DESIGNATION OF NEW STATE PARKS.]
Subdivision 1. [85.012] [Subd. 19.] [FORESTVILLE STATE PARK, FILLMORE COUNTY.] (a) The following areas are added to Forestville state park:
The Northwest Quarter; the West Half of the Southwest Quarter; and the Northeast Quarter of the Southwest Quarter EXCEPT the Southwest Quarter of the Northeast Quarter of the Southwest Quarter, Section 25, Township 102 North, Range 12 West; and
That part of the Northeast Quarter of Section 7, Township 102 North, Range 11 West, lying south of the Root River and west of an unnamed stream which traverses the east line of the Southeast Quarter of said Section 7 and intersects the south line of said Northeast Quarter of the Northeast Quarter of said Section 7 and meanders in a northerly direction through the easterly half of said Northeast Quarter of the Northeast Quarter of said Section 7 to its confluence with the Root River, Fillmore county, Minnesota.
These areas are presently administered by the commissioner of natural resources as a part of the Dorer memorial state forest. Notwithstanding Minnesota Statutes, section 97A.085, these areas are not game refuges and the commissioner may not establish any special seasons or other restrictions on hunting in the areas based on their status as part of a state park. Within these areas, the following described land must be managed primarily for public trout fishing and trout fishing management by fisheries managers of the division of fish and wildlife: In that portion of Section 25, Township 102 North, Range 12 West, added to the park by this subdivision, a strip of land 264 feet in width lying 132 feet on each side of the center line of the stream located on, and flowing through, the land. The fisheries management activities that may be engaged in include, but are not limited to, fisheries habitat improvement, both instream and on adjacent land, together with necessary access to the stream and adjacent land.
(b) The following area is deleted from Forestville state park: That part of the Southeast quarter of Section 7, Township 102 North, Range 11 West, Fillmore county, lying east of a line 33 feet east of the ordinary high water mark of an unnamed tributary of the south branch of the Root River, containing approximately 5.5 acres, more or less. The commissioner may sell this tract to the adjacent landowner at the appraised price.
Subd. 2. [85.012] [Subd. 25.] [GOOSEBERRY FALLS STATE PARK, LAKE COUNTY.] The following area is added to Gooseberry Falls state park: Government Lot 3, Section 23, Township 54 North, Range 9 West, Lake county, Minnesota.
Subd. 3. [85.012] [Subd. 30a.] [JOHN A. LATSCH STATE PARK.] John A. Latsch state park, Winona county, which is hereby renamed from John A. Latsch state wayside.
Subd. 4. [85.012] [Subd. 60.] [WILLIAM O'BRIEN STATE PARK, WASHINGTON COUNTY.] The following area is added to William O'Brien state park: The Northeast quarter of the Northeast Quarter, the West Half of the Northeast Quarter, and that part of the Northwest Quarter of the Southeast Quarter lying westerly of the Soo Line Railroad right-of-way, in Section 1, Township 31 North, Range 20 West, Washington county, Minnesota.
Sec. 2. Minnesota Statutes 1994, section 85.054, is amended by adding a subdivision to read:
Subd. 5. [GOOSEBERRY FALLS STATE PARK.] A state park permit is not required and a fee must not be charged for motor vehicle entry or parking at the Class I highway rest area parking lot located adjacent to U.S. Route No. 61 and the Gooseberry River at Gooseberry Falls state park.
Sec. 3. [REPEALER.]
Minnesota Statutes 1994, section 85.013, subdivisions 13 and 20, are repealed."
Delete the title and insert:
"A bill for an act relating to parks and recreation; additions to and deletions from state parks; establishing a new state park and deleting two state waysides; amending Minnesota Statutes 1994, section 85.054, by adding a subdivision; repealing Minnesota Statutes 1994, section 85.013, subdivisions 13 and 20."
We request adoption of this report and repassage of the bill.
House Conferees: Thomas Bakk, Gregory M. Davids and Gene Pelowski, Jr.
Senate Conferees: Steven Morse, Gene Merriam and Kenric J. Scheevel.
Bakk moved that the report of the Conference Committee on H. F. No. 479 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 479, A bill for an act relating to parks and recreation; additions to and deletions from state parks; establishing a new state park and deleting two state waysides; amending Minnesota Statutes 1994, section 84.054, by adding a subdivision; repealing Minnesota Statutes 1994, section 85.013, subdivisions 13 and 20.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Koppendrayer Olson, M. Stanek Anderson, B. Garcia Kraus Onnen Sviggum Bakk Girard Krinkie Orenstein Swenson, D. Bertram Goodno Larsen Orfield Swenson, H. Bettermann Greenfield Leighton Osskopp Sykora Bishop Greiling Leppik Osthoff Tomassoni Boudreau Haas Lieder Ostrom Tompkins Bradley Hackbarth Lindner Otremba Trimble Broecker Harder Long Ozment Tuma Brown Hasskamp Luther Paulsen Tunheim Carlson Hausman Lynch Pawlenty Van Dellen Carruthers Holsten Macklin Pellow Vickerman Clark Hugoson Mahon Pelowski Wagenius Commers Jaros Mares Perlt Warkentin Cooper Jefferson Mariani Peterson Weaver Daggett Jennings Marko Pugh Wejcman Dauner Johnson, A. McCollum Rest Wenzel Davids Johnson, R. McElroy Rhodes Winter Dehler Johnson, V. McGuire Rostberg Wolf Delmont Kahn Milbert Rukavina Worke Dempsey Kalis Molnau Sarna Workman Dorn Kelley Mulder Schumacher Sp.Anderson,I Entenza Kelso Munger Seagren Erhardt Kinkel Murphy Simoneau Farrell Knight Ness Skoglund Finseth Knoblach Olson, E. SmithThe bill was repassed, as amended by Conference, and its title agreed to.
A bill for an act relating to paternity; eliminating a presumption for husbands in certain cases; allowing husbands to join in a recognition of parentage; amending Minnesota Statutes 1994, sections 257.55, subdivision 1; 257.57, subdivision 2; and 257.75, subdivisions 1, 2, 4, and by adding a subdivision.
May 17, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 1105, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1105 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 257.55, subdivision 1, is amended to read:
Subdivision 1. [PRESUMPTION.] A man is presumed to be the biological father of a child if:
(a) He and the child's biological mother are or have been married to each other and the child is born during the marriage, or within 280 days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of legal separation is entered by a court. The presumption in this paragraph does not apply if the man has joined in a recognition of parentage recognizing another man as the biological father under section 257.75, subdivision 1a;
(b) Before the child's birth, he and the child's biological mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid, and,
(1) if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 280 days after its termination by death, annulment, declaration of invalidity, dissolution or divorce; or
(2) if the attempted marriage is invalid without a court order, the child is born within 280 days after the termination of cohabitation;
(c) After the child's birth, he and the child's biological mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid, and,
(1) he has acknowledged his paternity of the child in writing filed with the state registrar of vital statistics;
(2) with his consent, he is named as the child's father on the child's birth certificate; or
(3) he is obligated to support the child under a written voluntary promise or by court order;
(d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his biological child;
(e) He and the child's biological mother acknowledge his paternity of the child in a writing signed by both of them under section 257.34 and filed with the state registrar of vital statistics. If another man is presumed under this paragraph to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted;
(f) Evidence of statistical probability of paternity based on blood testing establishes the likelihood that he is the father of the child, calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent or greater;
(g) He and the child's biological mother have executed a recognition of parentage in accordance with section 257.75 and another man is presumed to be the father under this subdivision; or
(h) He and the child's biological mother have executed a recognition of parentage in accordance with section 257.75 and another man and the child's mother have executed a recognition of parentage in accordance with section 257.75.
Sec. 2. Minnesota Statutes 1994, section 257.57, subdivision 2, is amended to read:
Subd. 2. The child, the mother, or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor may bring an action:
(1) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or the nonexistence of the father and child relationship presumed under clause (d) of that subdivision;
(2) for the purpose of declaring the nonexistence of the father
and child relationship presumed under section 257.55, subdivision
1, paragraph (e) or (g), only if the action is brought within
three years six months after the date of the
execution of the declaration or recognition of parentage
person bringing the action obtains the results of blood or
genetic tests that indicate that the presumed father is not the
father of the child; or
(3) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (f), only if the action is brought within three years after the party bringing the action, or the party's attorney of record, has been provided the blood test results.
Sec. 3. Minnesota Statutes 1994, section 257.75, subdivision 1, is amended to read:
Subdivision 1. [RECOGNITION BY PARENTS.] The mother and father of a child born to a mother who was not married to the child's father nor to any other man when the child was conceived nor when the child was born may, in a writing signed by both of them before a notary public and filed with the state registrar of vital statistics, state and acknowledge under oath that they are the biological parents of the child and wish to be recognized as the biological parents. The recognition must be in the form prepared by the commissioner of human services under subdivision 5, except that it may also include the joinder in recognition provisions under subdivision 1a. The requirement that the mother not be married when the child was conceived nor when the child was born does not apply if her husband or former husband joins in the recognition under subdivision 1a.
Sec. 4. Minnesota Statutes 1994, section 257.75, is amended by adding a subdivision to read:
Subd. 1a. [JOINDER IN RECOGNITION BY HUSBAND.] A man who is a presumed father under section 257.55, subdivision 1, paragraph (a), may join in a recognition of parentage that recognizes that another man is the child's biological father. The man who is the presumed father under section 257.55, subdivision 1, paragraph (a), must sign an acknowledgment under oath before a notary public that he is renouncing the presumption under section 257.55, subdivision 1, paragraph (a), and recognizing that the father who is executing the recognition under subdivision 1 is the biological father of the child. A joinder in a recognition under this subdivision must be executed within one year after the child's birth and at the same time as the recognition under subdivision 1 or within ten days following execution of the recognition. The joinder must be included in the recognition form or incorporated by reference within the recognition and attached to the form when it is filed with the state registrar of vital statistics. The joinder must be on a form prepared by the commissioner of human services. Failure to properly execute a joinder in a recognition does not affect the validity of the recognition under subdivision 1.
Sec. 5. Minnesota Statutes 1994, section 257.75, subdivision 2, is amended to read:
Subd. 2. [REVOCATION OF RECOGNITION.] A recognition may be revoked in a writing signed by the mother or father before a notary public and filed with the state registrar of vital statistics within 30 days after the recognition is executed. A joinder in a recognition may be revoked in a writing signed by the man who executed the joinder and filed with the state registrar of vital statistics within 30 days after the joinder is executed. Upon receipt of a revocation of the recognition of parentage or joinder in a recognition, the state registrar of vital statistics shall forward a copy of the revocation to the nonrevoking parent, or, in the case of a joinder in a recognition, to the mother and father who executed the recognition.
Sec. 6. Minnesota Statutes 1994, section 257.75, subdivision 4, is amended to read:
Subd. 4. [ACTION TO VACATE RECOGNITION.] An action to vacate a
recognition of paternity may be brought by the mother, father,
husband or former husband who executed a joinder, or
the child. A mother or, father, or
husband or former husband who executed a joinder must bring
the action within one year of the execution of the recognition or
within six months after discovery of evidence in support of
the action, whichever is later the person bringing the
action obtains the results of blood or genetic tests that
indicate that the man who executed the recognition is not the
father of the child. A child must bring an action to vacate
within six months of discovery of evidence, in support of the
action after the child obtains the result of blood or
genetic tests that indicate that the man who executed the
recognition is not the father of the child, or within one
year of reaching the age of majority, whichever is later. If the
court finds a prima facie basis for vacating the recognition, the
court shall order the child, mother, and father, and
husband or former husband who executed a joinder to submit to
blood tests. If the court issues an order for the taking of
blood tests, the court shall require the party seeking to vacate
the recognition to make advance payment for the costs of the
blood tests. If the party fails to pay for the costs of the
blood tests, the court shall dismiss the action to vacate with
prejudice. The court may also order the party seeking to vacate
the recognition to pay the other party's reasonable attorney
fees, costs, and disbursements. If the results of the blood
tests establish that the man who executed the recognition is not
the father, the court shall vacate the recognition. If a
recognition is vacated, any joinder in the recognition under
subdivision 1a is also vacated. The court shall terminate
the obligation of a party to pay ongoing child support based on
the recognition. A modification of child support based on a
recognition may be made retroactive with respect to any period
during which the moving party has pending a motion to vacate the
recognition but only from the date of service of notice of the
motion on the responding party.
Sec. 7. [APPLICATION; TRANSITION.]
(a) Notwithstanding section 2, a person whose action to declare the existence of the father and child relationship would be barred by section 2 but not by Minnesota Statutes 1994, section 257.57, subdivision 2, clause (2), has until August 1, 1996, or until three years after the date of execution of the declaration or recognition of parentage, whichever is sooner, to bring an action to declare the nonexistence of the father and child relationship presumed under Minnesota Statutes, section 257.55, subdivision 1, paragraph (e) or (g).
(b) Notwithstanding any law to the contrary, a person whose action to declare the nonexistence of the father and child relationship presumed under Minnesota Statutes, section 257.55, subdivision 1, paragraph (e), or a person whose motion to vacate a paternity adjudication because of the results of blood or genetic tests obtained after the adjudication, was barred before the effective date of section 2, has until February 1, 1996, to commence the action or bring a motion to vacate the paternity adjudication."
Delete the title and insert:
"A bill for an act relating to paternity; changing certain presumptions in paternity cases; allowing husbands to join in a recognition of parentage; amending Minnesota Statutes 1994, sections 257.55, subdivision 1; 257.57, subdivision 2; and 257.75, subdivisions 1, 2, 4, and by adding a subdivision."
We request adoption of this report and repassage of the bill.
House Conferees: Robert Leighton, Jr., Matt Entenza and Dave Bishop.
Senate Conferees: Jane Krentz, Don Betzold and Sheila M. Kiscaden.
Leighton moved that the report of the Conference Committee on H. F. No. 1105 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 1105, A bill for an act relating to paternity; eliminating a presumption for husbands in certain cases; allowing husbands to join in a recognition of parentage; amending Minnesota Statutes 1994, sections 257.55, subdivision 1; 257.57, subdivision 2; and 257.75, subdivisions 1, 2, 4, and by adding a subdivision.
The bill was read for the third time, as amended by Conference, 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 Frerichs Knoblach Olson, E. Skoglund Anderson, B. Garcia Koppendrayer Olson, M. Smith Bakk Girard Kraus Onnen Solberg Bertram Goodno Krinkie Opatz Stanek Bishop Greenfield Larsen Orenstein Sviggum Boudreau Greiling Leighton Orfield Swenson, D. Bradley Haas Leppik Osskopp Swenson, H. Broecker Hackbarth Lieder Osthoff Sykora Brown Harder Lindner Ostrom Tomassoni Carlson Hasskamp Long Otremba Tompkins Carruthers Hausman Lourey Ozment Trimble Clark Holsten Luther Paulsen Tuma Commers Hugoson Lynch Pawlenty Tunheim Cooper Huntley Macklin Pellow Van Dellen Daggett Jaros Mahon Pelowski Vickerman Dauner Jefferson Mares Perlt Wagenius Davids Jennings Mariani Peterson Warkentin Dawkins Johnson, A. Marko Pugh Weaver Dehler Johnson, R. McElroy Rest Wejcman Delmont Johnson, V. McGuire Rhodes Wenzel Dempsey Kahn Milbert Rostberg Winter Dorn Kalis Molnau Rukavina Wolf Entenza Kelley Mulder Sarna Worke Erhardt Kelso Munger Schumacher Workman Farrell Kinkel Murphy Seagren Sp.Anderson,I Finseth Knight Ness SimoneauThe bill was repassed, as amended by Conference, and its title agreed to.
Wenzel was excused between the hours of 10:55 a.m. and 12:30 p.m. Mulder was excused between the hours of 10:55 a.m. and 1:45 p.m.
A bill for an act relating to insurance; health plans; prohibiting provisions that grant the health carrier a subrogation right, except where the covered person has been fully compensated from another source; proposing coding for new law in Minnesota Statutes, chapter 62A.
May 17, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 96, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No. 96 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [62A.095] [SUBROGATION CLAUSES REGULATED.]
Subdivision 1. [APPLICABILITY.] No health plan shall be offered, sold, or issued to a resident of this state, or to cover a resident of this state, unless the health plan complies with subdivision 2.
Subd. 2. [SUBROGATION CLAUSE; LIMITS.] No health plan described in subdivision 1 shall contain a subrogation, reimbursement, or similar clause that provides subrogation, reimbursement, or similar rights to the health carrier issuing the health plan, unless:
(1) the clause provides that it applies only after the covered person has received a full recovery from another source; and
(2) the clause provides that the health carrier's subrogation right is subject to subtraction for actual monies paid to account for the pro rata share of the covered person's costs, disbursements, and reasonable attorney fees, and other expenses incurred in obtaining the recovery from another source unless the health carrier is separately represented by an attorney.
If the health carrier is separately represented by an attorney, the health carrier and the covered person, by their attorneys, may enter into an agreement regarding allocation of the covered person's costs, disbursements, and reasonable attorney fees and other expenses. If the health carrier and covered person cannot reach agreement on allocation, the health carrier and covered person shall submit the matter to binding arbitration.
Nothing in this section shall limit a health carrier's right to recovery from another source which may otherwise exist at law.
For the purposes of this section, full recovery does not include payments made by a health plan to or for the benefit of a covered person.
Subd. 3. [RETROACTIVE AMENDMENTS REGULATED.] No addition of, or amendment of, a subrogation, reimbursement, or similar clause in a health plan shall be applied to the disadvantage of a covered person with respect to benefits provided by the health carrier in connection with an injury, illness, condition, or other covered situation that originated prior to the addition of or amendment to the clause.
Sec. 2. [62A.096] [NOTICE OF SUBROGATION CLAIM REQUIRED.]
A person covered by a health carrier who makes a claim against a collateral source for damages that include repayment for medical and medically-related expenses incurred for the covered person's benefit shall provide timely notice, in writing, to the health carrier of the pending or potential claim. Notwithstanding any other law to the contrary, the statute of limitations applicable to the rights with respect to reimbursement or subrogation by the health carrier against the covered person does not commence to run until the notice has been given.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective January 1, 1996, and apply to plans in effect on that date and plans offered, sold, or issued on or after that date."
Delete the title and insert:
"A bill for an act relating to insurance; health plans; prohibiting provisions that grant the health carrier a subrogation right, except where the covered person has been fully compensated from another source; proposing coding for new law in Minnesota Statutes, chapter 62A."
We request adoption of this report and repassage of the bill.
House Conferees: Dave Bishop, H. Todd Van Dellen and Thomas Pugh.
Senate Conferees: John C. Hottinger, Harold R. "Skip" Finn and David L. Knutson.
Bishop moved that the report of the Conference Committee on H. F. No. 96 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 96, A bill for an act relating to insurance; health plans; prohibiting provisions that grant the health carrier a subrogation right, except where the covered person has been fully compensated from another source; proposing coding for new law in Minnesota Statutes, chapter 62A.
The bill was read for the third time, as amended by Conference, 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 Finseth Knoblach Olson, E. Smith Anderson, B. Frerichs Koppendrayer Olson, M. Solberg Bakk Garcia Kraus Onnen Stanek Bertram Girard Krinkie Opatz Sviggum Bettermann Goodno Larsen Orenstein Swenson, D. Bishop Greenfield Leighton Orfield Swenson, H. Boudreau Greiling Leppik Osskopp Sykora Bradley Haas Lieder Osthoff Tomassoni Broecker Hackbarth Lindner Ostrom Tompkins Brown Harder Long Otremba Trimble Carlson Hasskamp Lourey Ozment Tuma Carruthers Hausman Luther Paulsen Tunheim Clark Holsten Lynch Pawlenty Van Dellen Commers Hugoson Macklin Pelowski Van Engen Cooper Huntley Mahon Perlt Vickerman Daggett Jaros Mares Peterson Wagenius Dauner Jefferson Mariani Pugh Warkentin Davids Jennings Marko Rest Weaver Dawkins Johnson, A. McCollum Rhodes Wejcman Dehler Johnson, R. McElroy Rostberg Winter Delmont Johnson, V. McGuire Rukavina Wolf Dempsey Kalis Milbert Sarna Worke Dorn Kelley Molnau Schumacher Workman Entenza Kelso Munger Seagren Sp.Anderson,I Erhardt Kinkel Murphy Simoneau Farrell Knight Ness SkoglundThe bill was repassed, as amended by Conference, and its title agreed to.
Kelley was excused between the hours of 11:05 a.m. and 3:15 p.m.
S. F. No. 1088 was reported to the House.
Pugh moved that S. F. No. 1088 be continued on Special Orders. The motion prevailed.
S. F. No. 462 was reported to the House.
Wagenius and Jennings moved to amend S. F. No. 462, the unofficial engrossment, as follows:
Page 2, delete lines 3 to 25
Page 16, delete lines 20 to 36 and insert:
"(b) All written disclosures must include the following statement:
"You may be responsible for any liability that results from contamination at a facility where your waste has been deposited. Minnesota believes that its waste management system provides substantially more financial and
environmental protection than depositing waste in landfills in other states. Managing your waste in Minnesota may minimize your potential liability."
All oral disclosures must include the following statement:
"You may be responsible for any liability that results from contamination at a facility where your waste has been deposited. Minnesota believes that its waste management system offers more protection from liability than the waste management systems of other states." "
Page 17, delete lines 1 and 2
Page 17, line 3, delete "(d)" and insert "(c)"
Page 17, line 4, delete everything after "(a)" and insert "are not located in Minnesota, the disclosure must state "The landfill to which your waste may be sent during the current calendar year is not a Minnesota landfill." "
Page 17, delete lines 5 to 15
Page 17, line 23, delete "paragraphs (b)" and insert "this section"
Page 17, line 24, delete "and (c)"
Page 17, line 26, delete "(d)" and insert "(c)"
Page 17, line 31, after "(b)" insert "An oral disclosure is only required with regard to the collection of mixed municipal solid waste."
Page 17, line 32, delete "inquires about" and insert "agrees to purchase"
Page 17, line 33, delete "beginning"
Page 17, line 34, delete "30" and insert "45"
Page 18, line 4, after "time" insert "the generator agrees to purchase"
Page 18, line 5, delete everything before the period
Page 18, line 6, delete "30" and insert "45"
Page 28, line 7, delete the new language
Page 28, delete line 8
Page 28, line 9, delete the new language
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Workman moved to amend S. F. No. 462, the unofficial engrossment, as amended, as follows:
Page 87, line 34, after "sections" insert "115A.47"
The motion prevailed and the amendment was adopted.
S. F. No. 462, A bill for an act relating to the environment; implementing the transfer of solid waste management duties of the metropolitan council to the office of environmental assistance; providing for the management of waste; providing penalties; amending Minnesota Statutes 1992, section 115A.33, as reenacted; Minnesota Statutes 1994, sections 8.31, subdivision 1; 16B.122, subdivision 3; 115.071, subdivision 1; 115A.055; 115A.07, subdivision 3; 115A.072, subdivisions 1, 3, and 4; 115A.12; 115A.14, subdivision 4; 115A.15, subdivision 9; 115A.191, subdivisions 1 and 2; 115A.32; 115A.411; 115A.42; 115A.45; 115A.46, subdivisions 1 and 5; 115A.55, by adding a subdivision; 115A.5501, subdivisions 2, 3, and 4; 115A.5502; 115A.551, subdivisions 2a, 4, 5, 6, and 7; 115A.554; 115A.557, subdivisions 3 and 4; 115A.558; 115A.63, subdivision 3; 115A.84, subdivision 3; 115A.86, subdivision 2; 115A.919, subdivision 3; 115A.921, subdivision 1; 115A.923, subdivision 1; 115A.9302, subdivisions 1 and 2; 115A.951, subdivision 4; 115A.96, subdivision 2; 115A.965, subdivision 1; 115A.9651, subdivision 3; 115A.97, subdivisions 5 and 6; 115A.981, subdivision 3; 116.07, subdivisions 4a and 4j; 116.072; 116.66, subdivisions 2 and 4; 116.92, subdivision 4; 400.16; 400.161; 473.149, subdivisions 1, 2d, 2e, 3, 4, and 6; 473.151; 473.516, subdivision 2; 473.801, subdivision 1, and by adding subdivisions; 473.8011; 473.803, subdivisions 1, 1c, 2, 2a, 3, 4, and 5; 473.804; 473.811, subdivisions 1, 4a, 5, 5c, 7, and 8; 473.813, subdivision 2; 473.823, subdivisions 3, 5, and 6; 473.843, subdivision 1; 473.844, subdivisions 1a and 4; 473.8441, subdivisions 2, 4, and 5; 473.845, subdivision 4; 473.846; and 473.848, subdivisions 2 and 4; Laws 1994, chapters 585, section 51; and 628, article 3, section 209; proposing coding for new law in Minnesota Statutes, chapters 16B; 115A; 116; 325E; and 480; repealing Minnesota Statutes 1994, sections 115A.81, subdivision 3; 115A.90, subdivision 3; 116.94; 383D.71, subdivision 2; 473.149, subdivisions 2, 2a, 2c, 2f, and 5; 473.181, subdivision 4; and 473.803, subdivisions 1b and 1e.
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 120 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Onnen Sviggum Anderson, B. Frerichs Kraus Orenstein Swenson, D. Bakk Garcia Larsen Osskopp Swenson, H. Bertram Girard Leighton Osthoff Sykora Bettermann Goodno Leppik Ostrom Tomassoni Bishop Greenfield Lieder Otremba Trimble Boudreau Greiling Long Ozment Tuma Bradley Haas Lourey Paulsen Tunheim Broecker Hackbarth Luther Pawlenty Van Dellen Brown Harder Lynch Pelowski Van Engen Carlson Hasskamp Macklin Perlt Vickerman Carruthers Hausman Mahon Peterson Wagenius Clark Holsten Mares Pugh Warkentin Commers Hugoson Mariani Rest Weaver Cooper Huntley Marko Rhodes Wejcman Daggett Jaros McCollum Rostberg Winter Dauner Jefferson McElroy Rukavina Wolf Davids Jennings McGuire Sarna Worke Dehler Johnson, A. Milbert Schumacher Workman Delmont Johnson, R. Molnau Seagren Sp.Anderson,I Dempsey Johnson, V. Munger Simoneau Dorn Kahn Murphy Skoglund Entenza Kalis Ness Smith Erhardt Kinkel Olson, E. Solberg Farrell Knoblach Olson, M. StanekThose who voted in the negative were:
Anderson, R. Krinkie Pellow Knight Lindner TompkinsThe bill was passed, as amended, and its title agreed to.
S. F. No. 801 was reported to the House.
Clark moved to amend S. F. No. 801 as follows:
Delete everything after the enacting clause and insert:
Section 1. Minnesota Statutes 1994, section 16B.61, subdivision 3, is amended to read:
Subd. 3. [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER VANS.] The code must require that any parking ramp or other parking facility constructed in accordance with the code include an appropriate number of spaces suitable for the parking of motor vehicles having a capacity of seven to 16 persons and which are principally used to provide prearranged commuter transportation of employees to or from their place of employment or to or from a transit stop authorized by a local transit authority.
(b) [SMOKE DETECTION DEVICES.] The code must require that all dwellings, lodging houses, apartment houses, and hotels as defined in section 299F.362 comply with the provisions of section 299F.362.
(c) [DOORS IN NURSING HOMES AND HOSPITALS.] The state building code may not require that each door entering a sleeping or patient's room from a corridor in a nursing home or hospital with an approved complete standard automatic fire extinguishing system be constructed or maintained as self-closing or automatically closing.
(d) [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL EXIT.] A licensed day care center serving fewer than 30 preschool age persons and which is located in a below ground space in a church building is exempt from the state building code requirement for a ground level exit when the center has more than two stairways to the ground level and its exit.
(e) [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.] Until August 1, 1996, an organization providing child care in an existing church building which is exempt from taxation under section 272.02, subdivision 1, clause (5), shall have five years from the date of initial licensure under chapter 245A to provide interior vertical access, such as an elevator, to persons with disabilities as required by the state building code. To obtain the extension, the organization providing child care must secure a $2,500 performance bond with the commissioner of human services to ensure that interior vertical access is achieved by the agreed upon date.
(f) [FAMILY AND GROUP FAMILY DAY CARE.] Until the legislature enacts legislation specifying appropriate standards, the definition of Group R-3 occupancies in the state building code applies to family and group family day care homes licensed by the department of human services under Minnesota Rules, chapter 9502.
(g) [MINED UNDERGROUND SPACE.] Nothing in the state building codes shall prevent cities from adopting rules governing the excavation, construction, reconstruction, alteration, and repair of mined underground space pursuant to sections 469.135 to 469.141, or of associated facilities in the space once the space has been created, provided the intent of the building code to establish reasonable safeguards for health, safety, welfare, comfort, and security is maintained.
(h) [ENCLOSED STAIRWAYS.] No provision of the code or any appendix chapter of the code may require stairways of existing multiple dwelling buildings of two stories or less to be enclosed.
(i) [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of the code or appendix chapter of the code may prohibit double cylinder dead bolt locks in existing single-family homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. Any recommendation or promotion of double cylinder dead bolt locks must include a warning about their potential fire danger and procedures to minimize the danger.
(j) [RELOCATED RESIDENTIAL BUILDINGS.] A residential building relocated within or into a political subdivision of the state need not comply with the state energy code or section 326.371 provided that, where available, an energy audit is conducted on the relocated building.
(k) [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code must require all residential buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82 and 325F.83.
(l) [EXIT SIGN ILLUMINATION.] For a new building on which construction is begun on or after October 1, 1993, or an existing building on which remodeling affecting 50 percent or more of the enclosed space is begun on or after October 1, 1993, the code must prohibit the use of internally illuminated exit signs whose electrical consumption during nonemergency operation exceeds 20 watts of resistive power. All other requirements in the code for exit signs must be complied with.
(m) [RESIDENTIAL WORK.] By January 1, 1996, the
commissioner of administration shall develop building code
provisions in accordance with the directives and provisions
developed under section 144.874, subdivision 11a.
Sec. 2. Minnesota Statutes 1994, section 116.87, subdivision 2, is amended to read:
Subd. 2. [RESIDENCE.] The term "residence" has the meaning
given in rules adopted under sections 144.871
144.9501 to 144.879 144.9509.
Sec. 3. [144.9501] [DEFINITIONS.]
Subdivision 1. [CITATION.] Sections 144.9501 to 144.9509 may be cited as the "childhood lead poisoning act."
Subd. 2. [APPLICABILITY.] The definitions in this section apply to sections 144.9501 to 144.9509.
Subd. 3. [ABATEMENT.] (a) "Abatement" means any set of measures designed to permanently eliminate lead-based paint hazards, defined in United States Code, title 42, section 4851, of the federal Housing and Community Development Act of 1992, and that exceed the standards adopted under section 144.9508. Abatement includes:
(1) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil; and
(2) all preparation, cleanup, disposal, and postabatement clearance testing activities associated with these measures.
(b) Abatement does not include:
(1) activities such as remodeling, renovation, installation, rehabilitation, or landscaping activities whose primary intent is to remodel, repair, or restore a given structure or dwelling, rather than to permanently eliminate lead-based paint hazards, even though these activities may incidentally result in a reduction in lead-based paint hazards; and
(2) interim controls for the temporary reduction of exposure to lead hazards such as lead-specific cleaning, repairs, maintenance, painting, and temporary containment.
Subd. 4. [AREAS AT HIGH RISK FOR TOXIC LEAD EXPOSURE.] "Areas at high risk for toxic lead exposure" means a census tract which meets one or more of the following criteria:
(1) elevated blood lead levels have been diagnosed in a population of children or pregnant females;
(2) many residential structures that are known to have or suspected of having deteriorated lead-based paint; or
(3) median soil lead concentrations are greater than 100 parts per million for samples collected according to rules adopted under section 144.9508.
Subd. 5. [BARE SOIL.] "Bare soil" means any visible soil that is at least an area of 36 contiguous square inches.
Subd. 6. [BOARD OF HEALTH.] "Board of health" means an administrative authority established under section 145A.03.
Subd. 7. [COMMISSIONER.] "Commissioner" means the commissioner of the Minnesota department of health.
Subd. 8. [DETERIORATED PAINT.] "Deteriorated paint" means paint that is chipped, peeled, or otherwise separated from its substrate or that is attached to damaged substrate.
Subd. 9. [ELEVATED BLOOD LEAD LEVEL.] "Elevated blood lead level" means a diagnostic blood lead test with a result that is equal to or greater than ten micrograms of lead per deciliter of whole blood in any person, unless the commissioner finds that a lower concentration is necessary to protect public health.
Subd. 10. [ENCAPSULATION.] "Encapsulation" means covering a surface coated with paint that exceeds the standards under section 144.9508 with a liquid or solid material, approved by the commissioner, that adheres to the surface, rather than mechanically attaches to it; or covering bare soil that exceeds the standards under section 144.9508 with a permeable material such as vegetation, mulch, or soil that meets the standards under section 144.9508.
Subd. 11. [ENCLOSURE.] "Enclosure" means covering a surface coated with paint that exceeds the standards under section 144.9508 by mechanically fastening to the surface a durable, solid material approved by the commissioner; or covering bare soil that exceeds the standards under section 144.9508 with an impermeable material, such as asphalt or concrete.
Subd. 12. [INSPECTING AGENCY.] "Inspecting agency" means the commissioner or a board of health.
Subd. 13. [INTACT PAINT.] "Intact paint" means paint that is not chipped, peeled, or otherwise separated from its substrate or attached to damaged substrate. Painted surfaces which may generate dust but are not chipped, peeled, or otherwise separated from their substrate or attached to damaged substrate are considered to be intact paint.
Subd. 14. [LEAD CONTRACTOR.] "Lead contractor" means any person who is licensed by the commissioner under section 144.9505.
Subd. 15. [LEAD HAZARD.] "Lead hazard" means a condition that causes exposure to lead from dust, bare soil, drinking water, or deteriorated paint that exceeds the standards adopted under section 144.9508.
Subd. 16. [LEAD HAZARD MANAGEMENT.] "Lead hazard management" means a process by which a residence is made lead-safe through the use of lead-safe directives provided for under section 144.9503.
Subd. 17. [LEAD HAZARD REDUCTION.] "Lead hazard reduction" means action undertaken in response to a lead order to make a residence, child care facility, school, or playground lead-safe by complying with the lead standards and methods adopted under section 144.9508, by:
(1) a property owner or lead contractor complying with a lead order issued under section 144.9504; or
(2) a swab team service provided in response to a lead order issued under section 144.9504.
Subd. 18. [LEAD INSPECTION.] "Lead inspection" means a qualitative or quantitative analytical inspection of a residence for deteriorated paint or bare soil and the collection of samples of deteriorated paint, bare soil, dust, or drinking water for analysis to determine if the lead concentrations in the samples exceed standards adopted under section 144.9508. Lead inspection includes the clearance inspection after the completion of a lead order.
Subd. 19. [LEAD INSPECTOR.] "Lead inspector" means a person who is licensed by the commissioner to perform a lead inspection under section 144.9506.
Subd. 20. [LEAD ORDER.] "Lead order" means a legal instrument to compel a property owner to engage in lead hazard reduction according to the specifications given by the inspecting agency.
Subd. 21. [LEAD-SAFE.] "Lead-safe" means a condition in which lead may be present at the residence, child care facility, school, or playground, if the lead concentration in the dust, paint, soil, and water of a residence does not exceed the standards adopted under section 144.9508, or, if the lead concentrations in the paint or soil do exceed the standards, the paint is intact and the soil is not bare.
Subd. 22. [LEAD-SAFE DIRECTIVES.] "Lead-safe directives" means methods for construction, renovation, remodeling, or maintenance activities that are not regulated as abatement or lead hazard reduction and that are performed so that they do not:
(1) violate the standards under section 144.9508;
(2) create lead dust through the use of prohibited practices;
(3) leave debris or a lead residue that can form a dust;
(4) provide a readily accessible source of lead dust, lead paint, lead paint chips, or lead contaminated soil, after the use of containment methods; and
(5) result in improper disposal of lead contaminated debris, dust, or soil.
Subd. 23. [LEAD WORKER.] "Lead worker" means any person who is certified by the commissioner under section 144.9505.
Subd. 24. [PERSON.] "Person" has the meaning given in section 326.71, subdivision 8.
Subd. 25. [PERSONS AT HIGH RISK FOR ELEVATED BLOOD LEAD LEVEL.] "Persons at high risk for elevated blood lead level" means:
(1) a child between six and 72 months of age:
(a) who lives in or visits, at least weekly, a residence, child care facility, or school built before 1978 which has peeling or chipping paint, ongoing remodeling or renovation, or bare soil; or
(b) who has a sibling, housemate, or playmate who has been diagnosed with an elevated blood lead level in the last 12 months; and
(2) a pregnant female or a child between six and 72 months of age:
(a) who lives in a census tract found to have a median foundation soil lead value exceeding 100 parts per million of lead;
(b) who lives near an industrial point source that emits lead;
(c) who lives near a road with an average daily traffic which exceeded 5,000 vehicles per day in 1986 or earlier; or
(d) who lives with a person whose occupation or hobby involves exposure to lead.
Subd. 26. [PRIMARY PREVENTION.] "Primary prevention" means preventing toxic lead exposure before blood levels become elevated.
Subd. 27. [SAFE HOUSING.] "Safe housing" means a residence that is lead-safe.
Subd. 28. [SECONDARY PREVENTION.] "Secondary prevention" means intervention to mitigate health effects on people with elevated blood lead levels.
Subd. 29. [SWAB TEAM SERVICES.] "Swab team services" means activities that provide protection from lead hazards such as:
(1) removing lead dust by washing, vacuuming with high efficiency particle accumulator (HEPA) or wet vacuum cleaners, and cleaning the interior of residential property;
(2) removing loose paint and paint chips and reporting or installing guards to protect intact paint;
(3) covering or replacing bare soil that has a lead concentration of 100 parts per million or more;
(4) health education;
(5) advice and assistance to help residents locate and move to a temporary residence while lead hazard reduction is being completed; or
(6) any other assistance necessary to meet the resident's immediate needs as a result of the relocation.
Subd. 30. [SWAB TEAM WORKER.] "Swab team worker" means a person who is certified under section 144.9505.
Subd. 31. [VENOUS BLOOD SAMPLE.] "Venous blood sample" means a quantity of blood drawn from a vein.
Subd. 32. [VOLUNTARY LEAD HAZARD REDUCTION.] "Voluntary lead hazard reduction" means action undertaken by a property owner with the intention to engage in lead hazard reduction or abatement, but not in response to the issuance of a lead order.
Sec. 4. [144.9502] [LEAD SURVEILLANCE AND THE OCCURRENCE OF LEAD IN THE ENVIRONMENT.]
Subdivision 1. [SURVEILLANCE.] The commissioner of health shall establish a statewide lead surveillance system. The purpose of this system is to:
(a) monitor blood lead levels in children and adults to identify trends and populations at high risk for elevated blood lead levels;
(b) ensure that screening services are provided to populations at high risk for elevated blood lead levels;
(c) ensure that medical and environmental follow-up services for children with elevated blood lead levels are provided; and
(d) provide accurate and complete data for planning and implementing primary prevention programs that focus on the populations at high risk for elevated blood lead levels.
Subd. 2. [STUDIES AND SURVEYS.] The commissioner of health shall collect blood lead level and exposure information, analyze the information, and conduct studies designed to determine the potential for high risk for elevated blood lead levels among children and adults.
Subd. 3. [REPORTS OF BLOOD LEAD ANALYSIS REQUIRED.] Every hospital, medical clinic, medical laboratory, or other facility performing blood lead analysis shall report the results after the analysis of each specimen analyzed, for both capillary and venous specimens, and epidemiologic information required in this section to the commissioner of health, within the time frames set forth in clauses (1) and (2):
(1) within two working days by telephone, fax, or electronic transmission, with written or electronic confirmation within one month, for a venous blood lead level equal to or greater than 15 micrograms of lead per deciliter of whole blood; or
(2) within one month in writing or by electronic transmission, for a capillary or venous blood lead level less than 15 micrograms of lead per deciliter of whole blood.
The commissioner shall coordinate with hospitals, medical clinics, medical laboratories, and other facilities performing blood lead analysis to develop a universal reporting form and mechanism.
Subd. 4. [BLOOD LEAD ANALYSES AND EPIDEMIOLOGIC INFORMATION.] The blood lead analysis reports required in this section must specify:
(1) whether the specimen was collected as a capillary or venous sample;
(2) the date the sample was collected;
(3) the results of the blood lead analysis;
(4) the date the sample was analyzed;
(5) the method of analysis used;
(6) the full name, address, and phone number of the laboratory performing the analysis;
(7) the full name, address, and phone number of the physician or facility requesting the analysis;
(8) the full name, address, and phone number of the person with the elevated blood lead level, and the person's birthdate, gender, and race.
Subd. 5. [FOLLOW-UP EPIDEMIOLOGIC INFORMATION.] The follow-up epidemiologic information required in this section must specify:
(1) the name, address, and phone number of the agency or individual contacted to investigate the environment of the person with the elevated blood lead level to determine the sources of lead exposure; and
(2) the name, address, and phone number of all agencies or individuals to whom the person or the person's guardian was referred for education about the sources, effects, and prevention of lead exposure.
Subd. 6. [PAINT, SOIL, DUST, AND DRINKING WATER LEAD ANALYSIS.] Every laboratory or other institution performing lead analysis on paint, soil, dust, or drinking water shall report the results to the commissioner of each specimen analysis and epidemiologic information required in this section. The paint, soil, dust, and drinking water analysis report must specify:
(1) the date the sample was collected;
(2) the type of sample tested;
(3) the results of the lead sample analysis;
(4) the method of analysis used;
(5) the date the sample was analyzed;
(6) the full name, address, and phone number of the laboratory performing the analysis;
(7) the full name, address, and phone number of the individual or agency requesting the analysis; and
(8) the address of the property and the owner of the property where the sample was collected.
Subd. 7. [REPORTING WITHOUT LIABILITY.] The furnishing of the information required under this section shall not subject the person, laboratory, or other facility furnishing the information to any action for damages or relief.
Subd. 8. [LABORATORY STANDARDS.] (a) A laboratory performing blood lead analysis shall use methods that:
(1) meet or exceed the proficiency standards established in the federal Clinical Laboratory Improvement Regulations, Code of Federal Regulations, title 42, section 493, promulgated in accordance with the Clinical Laboratory Improvement Act amendments of 1988, Public Law Number 100-578; or
(2) meet or exceed the Occupational Safety and Health Standards for Lead in General Industries, Code of Federal Regulations, section 1910.1025, and Occupational Safety and Health Standards for Lead in Construction, Code of Federal Regulations, section 1926.62.
(b) A laboratory performing lead analysis of paint, soil, dust, or drinking water shall use methods that meet or exceed the proficiency standards established in the National Lead Accreditation Program pursuant to United States Code, title 42, section 4851, of the federal Housing and Community Development Act.
Subd. 9. [CLASSIFICATION OF DATA.] Notwithstanding any law to the contrary, including section 13.05, subdivision 9, data collected by the commissioner of health about persons with elevated blood lead levels, including analytic results from samples of paint, soil, dust, and drinking water taken from the individual's home and immediate property, shall be private and may only be used by the commissioner of health and authorized employees of local boards of health for the purposes set forth in this section.
Sec. 5. [144.9503] [PRIMARY PREVENTION.]
Subdivision 1. [PRIMARY PREVENTION PROGRAM.] The commissioner shall develop a primary prevention program to reduce lead exposure in young children and pregnant women. The commissioner shall develop a priority list for high risk census tracts, provide primary prevention lead education, promote primary prevention swab team services in cooperation with the commissioner of economic security, provide lead cleanup equipment and material grants, monitor voluntary lead hazard reduction or abatement, and develop lead-safe directives in cooperation with the commissioner of administration.
Subd. 2. [PRIORITIES FOR PRIMARY PREVENTION.] The commissioner of health shall publish in the State Register a priority list of census tracts at high risk for toxic lead exposure. All local governmental units and boards of health shall follow the priorities published in the State Register. In establishing the list, the commissioner shall use the surveillance data collected under section 144.9502 and other information as appropriate or specified in this section and shall award points to each census tract on which information is available. The priority for primary prevention in census tracts at high risk for toxic lead exposure shall be based on the cumulative points awarded to each census tract. A greater number of points means a higher priority. If a tie occurs in the number of points, priority shall be given to the census tract with the higher percentage of population with blood lead levels greater than ten micrograms of lead per deciliter of whole blood. The commissioner shall revise and update the priority list at least every five years. Points shall be awarded as specified in paragraphs (a) to (c).
(a) In a census tract where at least 20 children have been screened in the last five years, one point shall be awarded for each ten percent of children who were under six years old at the time they were screened for lead in blood and whose blood lead level exceeds ten micrograms of lead per deciliter of whole blood. An additional point shall be awarded if one percent of the children had blood lead levels greater than 20 micrograms of lead per deciliter of blood. Two points shall be awarded to a census tract, where the blood lead screening has been inadequate, that is contiguous with a census tract where more than ten percent of the children under six years of age have blood lead levels exceeding ten micrograms of lead per deciliter of whole blood.
(b) One point shall be awarded for every five percent of housing that is defined as dilapidated or deteriorated by the planning department or similar agency of the city in which the housing is located. Where data is available by neighborhood or section within a city, the percent of dilapidated or deteriorated housing shall apply equally to each census tract within the neighborhood or section.
(c) One point shall be awarded for every 100 parts per million of lead soil, based on the median soil lead values of foundation soil samples, calculated on 100 parts per million intervals, or fraction thereof. For the cities of St. Paul and Minneapolis, the commissioner shall use the June 1988 census tract version of the houseside map titled "Distribution of Houseside Lead Content of Soil-Dust in the Twin Cities," prepared by the Center for Urban and Regional Affairs, Humphrey Institute, University of Minnesota, Publication 1989, Center for Urban and Regional Affairs 89-4. Where the map displays a census tract that is crossed by two or more intervals, the commissioner shall make a reasoned determination of the median foundation soil lead value for that census tract. Values for census tracts may be updated by surveying the census tract according to the procedures adopted under this section.
Subd. 3. [PRIMARY PREVENTION LEAD EDUCATION STRATEGY.] The commissioner of health shall develop a primary prevention lead education strategy to prevent lead exposure. The strategy shall specify:
(1) the development of lead education materials that describe the health effects of lead exposure, safety measures, and methods to be used in the lead hazard reduction process;
(2) the provision of lead education materials to the general public;
(3) the provision of lead education materials to property owners, landlords, and tenants by swab team workers and public health professionals, such as nurses, sanitarians, health educators, other public health professionals in areas at high risk for toxic lead exposure; and
(4) the promotion of awareness of community, legal, and housing resources.
Subd. 4. [SWAB TEAM SERVICES.] Primary prevention must include the use of swab team services in census tracts identified at high risk for toxic lead exposure as identified by the commissioner under this section. The swab team services may be provided based on visual inspections whenever possible and must at least include lead hazard management for deteriorated interior lead-based paint, bare soil, and dust.
Subd. 5. [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] (a) Nonprofit community-based organizations in areas at high risk for toxic lead exposure, as determined by the commissioner under this section, may apply for grants from the commissioner to purchase lead cleanup equipment and materials and to pay for training for staff and volunteers for lead certification.
(b) For the purposes of this section, lead cleanup equipment and materials means high efficiency particle accumulator (HEPA) and wet vacuum cleaners, wash water filters, mops, buckets, hoses, sponges, protective clothing, drop cloths, wet scraping equipment, secure containers, dust and particle containment material, and other cleanup and containment materials to remove loose paint and plaster, patch plaster, control household dust, wax floors, clean carpets and sidewalks, and cover bare soil.
(c) The grantee's staff and volunteers may make lead cleanup equipment and materials available to residents and property owners and instruct them on the proper use of the equipment. Lead cleanup equipment and materials must be made available to low-income households, as defined by federal guidelines, on a priority basis at no fee, and other households on a sliding fee scale.
(d) The grantee shall not charge a fee for services performed using the equipment or materials.
Subd. 6. [VOLUNTARY LEAD HAZARD REDUCTION.] The commissioner shall monitor the lead hazard reduction methods adopted under section 144.9508 in cases of voluntary lead hazard reduction. All contractors hired to do voluntary lead hazard reduction must be licensed lead contractors. If a property owner does not use a lead contractor for voluntary lead hazard reduction, the property owner shall provide the commissioner with a plan for lead hazard reduction at least ten working days before beginning the lead hazard reduction. The plan must include the details required in section 144.9505, and notice as to when lead hazard reduction activities will begin. No penalty shall be assessed against a property owner for discontinuing voluntary lead hazard reduction before completion of the plan, provided that the property owner discontinues the plan in a manner that leaves the property in a condition no more hazardous than its condition before the plan implementation.
Subd. 7. [LEAD-SAFE DIRECTIVES.] By July 1, 1995, and amended and updated as necessary, the commissioner shall develop in cooperation with the commissioner of administration provisions and procedures to define lead-safe directives for residential remodeling, renovation, installation, and rehabilitation activities that are not lead hazard reduction, but may disrupt lead-based paint surfaces. The provisions and procedures shall define lead-safe directives for nonlead hazard reduction activities including preparation, cleanup, and disposal procedures. The directives shall be based on the different levels and types of work involved and the potential for lead hazards. The directives shall address activities including painting; remodeling; weatherization; installation of cable, wire, plumbing, and gas; and replacement of doors and windows. The commissioners of health and administration shall consult with representatives of builders, weatherization providers, nonprofit rehabilitation organizations, each of the affected trades, and housing and redevelopment authorities in developing the directives and procedures. This group shall also make recommendations for consumer and contractor education and training. Directives developed under this subdivision are exempt from chapter 14. The commissioner of health shall report to the legislature by February 15, 1996, regarding development of the provisions required under this subdivision.
Subd. 8. [CERTIFICATION FOR LEAD SAFE HOUSING.] The commissioner shall propose to the legislature a program to certify residences as lead safe by February 15, 1996.
Subd. 9. [LANDLORD TENANT STUDY.] The commissioner of health shall conduct or contract for a study of the legal responsibilities of tenants and landlords in the prevention of lead hazards, and shall report the findings to the legislature, along with recommendations as to any changes needed to clarify or modify current law by January 15, 1996. In conducting the study, the commissioner shall convene any public meetings necessary to hear the testimony and recommendations of interested parties, and shall invite and consider written public comments.
Sec. 6. [144.9504] [SECONDARY PREVENTION.]
Subdivision 1. [JURISDICTION.] (a) A board of health serving cities of the first class must conduct lead inspections for purposes of secondary prevention, according to the provisions of this section. A board of health not serving cities of the first class must conduct lead inspections for the purposes of secondary prevention, unless they certify in writing to the commissioner by January 1, 1996, that they desire to relinquish these duties back to the commissioner. At the discretion of the commissioner, a board of health may, upon written request to the commissioner, resume these duties.
(b) Inspections must be conducted by a board of health serving a city of the first class. The commissioner must conduct lead inspections in any area not including cities of the first class where a board of health has relinquished to the commissioner the responsibility for lead inspections. The commissioner shall coordinate with the board of health to ensure that the requirements of this section are met.
(c) The commissioner may assist boards of health by providing technical expertise, equipment, and personnel to boards of health. The commissioner may provide laboratory or field lead-testing equipment to a board of health or may reimburse a board of health for direct costs associated with lead inspections.
(d) The commissioner shall enforce the rules under section 144.9508 in cases of voluntary lead hazard reduction.
Subd. 2. [LEAD INSPECTION.] (a) An inspecting agency shall conduct a lead inspection of a residence according to the venous blood lead level and time frame set forth in clauses (1) to (4) for purposes of secondary prevention:
(1) within 48 hours of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level equal to or greater than 70 micrograms of lead per deciliter of whole blood;
(2) within five working days of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level equal to or greater than 45 micrograms of lead per deciliter of whole blood;
(3) within ten working days of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level equal to or greater than 20 micrograms of lead per deciliter of whole blood; or
(4) within ten working days of a child or pregnant female in the residence being identified to the agency as having a venous blood lead level that persists in the range of 15 to 19 micrograms of lead per deciliter of whole blood for 90 days after initial identification.
(b) Within the limits of available state and federal appropriations, an inspecting agency may also conduct a lead inspection for children with any elevated blood lead level.
(c) In a building with two or more dwelling units, an inspecting agency shall inspect the individual unit in which the conditions of this section are met and shall also inspect all common areas. If a child visits one or more other sites such as another residence, or a residential or commercial child care facility, playground, or school, the inspecting agency shall also inspect the other sites. The inspecting agency shall have one additional day added to the time frame set forth in this subdivision to complete the lead inspection for each additional site.
(d) The inspecting agency shall identify the known addresses for the previous 12 months of the child or pregnant female with elevated blood lead levels; notify the property owners, landlords, and tenants at those addresses that an elevated blood lead level was found in a person who resided at the property; and give them a copy of the lead inspection guide. This information shall be classified as private data on individuals as defined under section 13.02, subdivision 12.
(e) The inspecting agency shall conduct the lead inspection according to rules adopted by the commissioner under section 144.9508. An inspecting agency shall have lead inspections performed by lead inspectors licensed by the commissioner according to rules adopted under section 144.9508. If a property owner refuses to allow an inspection, the inspecting agency shall begin legal proceedings to gain entry to the property and the timeframe for conducting a lead inspection set forth in this subdivision no longer applies. An inspector or inspecting agency may observe the performance of lead hazard reduction in progress and shall enforce the provisions of this section under section 144.9509. Deteriorated painted surfaces, bare soil, dust, and drinking water must be tested with appropriate analytical equipment to determine the lead content, except that deteriorated painted surfaces or bare soil need not be tested if the property owner agrees to engage in lead hazard reduction on those surfaces.
(f) A lead inspector shall notify the commissioner and the board of health of all violations of lead standards under section 144.9508, that are identified in a lead inspection conducted under this section.
(g) Each inspecting agency shall establish an administrative appeal procedure which allows a property owner to contest the nature and conditions of any lead order issued by the inspecting agency. Inspecting agencies must consider appeals that propose lower cost methods that make the residence lead safe.
(h) Sections 144.9501 to 144.9509 neither authorize nor prohibit an inspecting agency from charging a property owner for the cost of a lead inspection.
Subd. 3. [LEAD EDUCATION STRATEGY.] At the time of a lead inspection or following a lead order, the inspecting agency shall ensure that a family will receive a visit at their residence by a swab team worker or public health professional, such as a nurse, sanitarian, public health educator, or other public health professional. The swab team worker or public health professional shall inform the property owner, landlord, and the tenant of the health-related aspects of lead exposure; nutrition; safety measures to minimize exposure; methods to be followed before, during, and after the lead hazard reduction process; and community, legal, and housing resources. If a family moves to a temporary residence during the lead hazard reduction process, lead education services should be provided at the temporary residence whenever feasible.
Subd. 4. [LEAD INSPECTION GUIDES.] (a) The commissioner of health shall develop or purchase lead inspection guides that enable parents and other caregivers to assess the possible lead sources present and that suggest lead hazard reduction actions. The guide must provide information on lead hazard reduction and disposal methods, sources of equipment, and telephone numbers for additional information to enable the persons to either select a lead contractor or perform the lead hazard reduction. The guides must explain:
(1) the requirements of this section and rules adopted under section 144.9508;
(2) information on the administrative appeal procedures required under this section;
(3) summary information on lead-safe directives;
(4) be understandable at an eighth grade reading level; and
(5) be translated for use by non-English-speaking persons.
(b) An inspecting agency shall provide the lead inspection guides at no cost to:
(1) parents and other caregivers of children who are identified as having blood lead levels of at least ten micrograms of lead per deciliter of whole blood;
(2) all property owners who are issued housing code or lead orders requiring lead hazard reduction of lead sources and all occupants of those properties; and
(3) occupants of residences adjacent to the inspected property.
(c) An inspecting agency shall provide the lead inspection guides on request to owners or occupants of residential property, builders, contractors, inspectors, and the public within the jurisdiction of the inspecting agency.
Subd. 5. [LEAD ORDERS.] An inspecting agency, after conducting a lead inspection, shall order a property owner to perform lead hazard reduction on all lead sources that exceed a standard adopted according to section 144.9508. If lead inspections and lead orders are conducted at times when weather or soil conditions do not permit the lead inspection or lead hazard reduction, external surfaces and soil lead shall be inspected, and lead orders complied with, if necessary, at the first opportunity that weather and soil conditions allow. If the paint standard under section 144.9508 is violated, but the paint is intact, the inspecting agency shall not order the paint to be removed unless the intact paint is a known source of actual lead exposure to a specific person. Before the inspecting agency may order the intact paint to be removed, a reasonable effort must be made to protect the child and preserve the intact paint by the use of guards or other protective devices and methods. Whenever windows and doors or other components covered with deteriorated lead-based paint have sound substrate or are not rotting, those components should be repaired, sent out for stripping or be planed down to remove deteriorated lead-based paint or covered with protective guards instead of being replaced, provided that such an activity is the least cost method. Lead orders must require that any source of damage, such as leaking roofs, plumbing, and windows, be repaired or replaced, as needed, to prevent damage to lead-containing interior surfaces. The inspecting agency is not required to pay for lead hazard reduction. Lead orders must be issued within 30 days of receiving the blood lead level analysis. The inspecting agency shall enforce the lead orders issued to a property owner under this section. A copy of the lead order must be forwarded to the commissioner.
Subd. 6. [SWAB TEAM SERVICES.] After a lead inspection or after issuing lead orders, the inspecting agency, within the limits of appropriations and availability, shall offer the property owner the services of a swab team free of charge and, if accepted, shall send a swab team within ten working days to the residence to perform swab team services as defined in section 144.9501. If the inspecting agency provides swab team services after a lead inspection,
but before the issuance of a lead order, swab team services do not need to be repeated after the issuance of the lead order if the swab team services fulfilled the lead order. Swab team services are not considered completed until the clearance inspection required under this section shows that the property is lead safe.
Subd. 7. [RELOCATION OF RESIDENTS.] (a) An inspecting agency shall ensure that residents are relocated from rooms or dwellings during a lead hazard reduction process that generates leaded dust, such as removal or disruption of lead-based paint or plaster that contains lead. Residents shall not remain in rooms or dwellings where the lead hazard reduction process is occurring. An inspecting agency is not required to pay for relocation unless state or federal funding is available for this purpose. The inspecting agency shall make an effort to assist the resident in locating resources that will provide assistance with relocation costs. Residents shall be allowed to return to the residence or dwelling after completion of the lead hazard reduction process. An inspecting agency shall use grant funds under section 144.9507 if available, in cooperation with local housing agencies, to pay for moving costs and rent for a temporary residence for any low-income resident temporarily relocated during lead hazard reduction. For purposes of this section, "low-income resident" means any resident whose gross household income is at or below 185 percent of federal poverty level.
(b) A resident of rental property who is notified by an inspecting agency to vacate the premises during lead hazard reduction, notwithstanding any rental agreement or lease provisions:
(1) shall not be required to pay rent due the landlord for the period of time the tenant vacates the premises due to lead hazard reduction;
(2) may elect to immediately terminate the tenancy effective on the date the tenant vacates the premises due to lead hazard reduction; and
(3) shall not, if the tenancy is terminated, be liable for any further rent or other charges due under the terms of the tenancy.
(c) A landlord of rental property whose tenants vacate the premises during lead hazard reduction shall:
(1) allow a tenant to return to the dwelling unit after lead hazard reduction and clearance inspection, required under this section, is completed, unless the tenant has elected to terminate the tenancy as provided for in paragraph (b); and
(2) return any security deposit due under section 504.20 within five days of the date the tenant vacates the unit, to any tenant who terminates tenancy as provided for in paragraph (b).
Subd. 8. [PROPERTY OWNER RESPONSIBILITY.] Property owners shall comply with lead orders issued under this section within 60 days or be subject to enforcement actions as provided under section 144.9509. For orders or portions of orders concerning external lead hazards, property owners shall comply within 60 days, or as soon thereafter as weather permits. If the property owner does not use a lead contractor for compliance with the lead orders, the property owner shall submit a plan for approval by the inspecting agency within 30 days after receiving the orders. The plan must include the details required in section 144.9505 as to how the property owner intends to comply with the lead orders and notice as to when lead hazard reduction activities will begin.
Subd. 9. [CLEARANCE INSPECTION.] After completion of swab team services and compliance with the lead orders by the property owner, including any repairs ordered by a local housing or building inspector, the inspecting agency shall conduct a clearance inspection by visually inspecting the residence for deteriorated paint and bare soil and retest the dust lead concentration in the residence to assure that violations of the lead standards under section 144.9508 no longer exist. The inspecting agency is not required to test a dwelling unit after lead hazard reduction that was not ordered by the inspecting agency.
Subd. 10. [CASE CLOSURE.] A lead inspection is completed and the responsibility of the inspecting agency ends when all of the following conditions are met:
(1) lead orders are written on all known sources of violations of lead standards under section 144.9508;
(2) compliance with all lead orders has been completed; and
(3) clearance inspections demonstrate that no deteriorated lead paint, bare soil, or lead dust levels exist that exceed the standards adopted under section 144.9508.
Subd. 11. [LOCAL ORDINANCES.] No unit of local government shall have an ordinance, regulation, or practice which requires property owners to comply with any lead hazard reduction order in a period of time shorter than the period established for compliance with lead orders under this section.
Sec. 7. [144.9505] [LICENSING OF LEAD CONTRACTORS AND CERTIFICATION OF WORKERS.]
Subdivision 1. [LICENSING AND CERTIFICATION.] (a) Lead contractors shall, before performing abatement or lead hazard reduction, obtain a license from the commissioner. Workers for lead contractors shall obtain certification from the commissioner. The commissioner shall specify training and testing requirements for licensure and certification as required in section 144.9508 and shall charge a fee for the cost of issuing a license or certificate and for training provided by the commissioner. Fees collected under this section shall be set in amounts to be determined by the commissioner to cover but not exceed the costs of adopting rules under section 144.9508, the costs of licensure, certification, and training, and the costs of enforcing licenses and certificates under this section. All fees received shall be paid into the state treasury and credited to the lead abatement licensing and certification account and are appropriated to the commissioner to cover costs incurred under this section and section 144.9508.
(b) Contractors shall not advertise or otherwise present themselves as lead contractors unless they have lead contractor licenses issued by the department of health.
Subd. 2. [LEAD TRAINING.] Lead abatement and lead hazard reduction training must include a hands-on component and instruction on the health effects of lead exposure, the use of personal protective equipment, workplace hazards and safety problems, lead abatement and lead hazard reduction methods, lead-safe directives, decontamination procedures, cleanup and waste disposal procedures, lead monitoring and testing methods, swab team services, and legal rights and responsibilities.
Subd. 3. [LICENSED BUILDING CONTRACTOR; INFORMATION.] The commissioner shall provide health and safety information on lead abatement and lead hazard reduction to all residential building contractors licensed under section 326.84. The information must include the lead-safe directives and any other materials describing ways to protect the health and safety of both workers and residents.
Subd. 4. [NOTICE OF LEAD ABATEMENT OR LEAD HAZARD REDUCTION WORK.] (a) At least five days before starting work at each lead abatement or lead hazard reduction worksite, the person performing the lead abatement or lead hazard reduction work shall give written notice and an approved work plan as required in this section to the commissioner and the appropriate board of health.
(b) This provision does not apply to swab team workers performing work under an order of an inspecting agency.
Subd. 5. [ABATEMENT OR LEAD HAZARD REDUCTION PLANS.] (a) A lead contractor shall present a lead abatement or lead hazard reduction work plan to the property owner with each bid or estimate for lead abatement or lead hazard reduction work. The plan does not replace or supersede more stringent contractual agreements. A written lead abatement or lead hazard reduction plan must be prepared which describes the equipment and procedures to be used throughout the lead abatement or lead hazard reduction work project. At a minimum, the plan must describe:
(1) the building area and building components to be worked on;
(2) the amount of lead-containing material to be removed, encapsulated, or enclosed;
(3) the schedule to be followed for each work stage;
(4) the workers' personal protection equipment and clothing;
(5) the dust suppression and debris containment methods;
(6) the lead abatement or lead hazard reduction methods to be used on each building component;
(7) cleaning methods;
(8) temporary, on-site waste storage, if any; and
(9) the methods for transporting waste material and its destination.
(b) A lead contractor shall itemize the costs for each item listed in paragraph (a) and for any other expenses associated with the lead abatement or lead hazard reduction work and shall present these costs to the property owner with any bid or estimate for lead abatement or lead hazard reduction work.
(c) A lead contractor shall keep a copy of the plan readily available at the worksite for the duration of the project and present it to the inspecting agency on demand.
(d) A lead contractor shall keep a copy of the plan on record for one year after completion of the project and shall present it to the inspecting agency on demand.
(e) This provision does not apply to swab team workers performing work under an order of an inspecting agency or providing services at no cost to a property owner with funding under a state or federal grant.
Sec. 8. [144.9506] [LICENSING OF LEAD INSPECTORS.]
Subdivision 1. [LICENSE REQUIRED.] (a) A lead inspector shall obtain a license before performing lead inspections and shall renew it annually. The commissioner shall charge a fee and require annual training, as specified in this section. A lead inspector shall have the inspector's license readily available at all times at an inspection site and make it available, on request, for inspection by the inspecting agency with jurisdiction over the site. A license shall not be transferred.
(b) Individuals shall not advertise or otherwise present themselves as lead inspectors unless licensed by the commissioner.
Subd. 2. [LICENSE APPLICATION.] An application for a license or license renewal shall be on a form provided by the commissioner and shall include:
(1) a $50 nonrefundable fee, in a form approved by the commissioner; and
(2) evidence that the applicant has successfully completed a lead inspector training course approved under this section or from another state with which the commissioner has established reciprocity. The fee required in this section is waived for federal, state, or local government employees within Minnesota.
Subd. 3. [LICENSE RENEWAL.] A license is valid for one year from the issuance date unless the commissioner revokes or suspends it, except that the initial license will be issued to expire one year after the completion date on the approved training course diploma. An applicant shall successfully complete either an approved annual refresher lead inspection training course or a repeat of the approved initial lead inspection training course in order to apply for license renewal.
Subd. 4. [LICENSE REPLACEMENT.] A licensed lead inspector may obtain a replacement license by reapplying for a license. A replacement expires on the same date as the original license. A nonrefundable $25 fee is required with each replacement application.
Subd. 5. [APPROVAL OF LEAD INSPECTION COURSE.] A lead inspection course sponsored by the United States Environmental Protection Agency is an approved course for the purpose of this section, providing it covers the criteria listed in section 144.9505. The commissioner shall evaluate for approval by permit lead inspector courses other than those approved by the United States Environmental Protection Agency.
Sec. 9. [144.9507] [LEAD-RELATED FUNDING.]
Subdivision 1. [LEAD EDUCATION STRATEGY CONTRACTS.] The commissioner shall, within available federal or state appropriations, contract with:
(1) boards of health to provide funds for lead education as provided for in sections 144.9503 and 144.9504; and
(2) swab team workers and community-based advocacy groups to provide funds for lead education for primary prevention of toxic lead exposure in areas at high risk for toxic lead exposure.
Subd. 2. [LEAD INSPECTION CONTRACTS.] The commissioner shall, within available federal or state appropriations, contract with boards of health to conduct lead inspections to determine sources of lead contamination and to issue and enforce lead orders according to section 144.9504.
Subd. 3. [TEMPORARY LEAD-SAFE HOUSING CONTRACTS.] The commissioner shall, within the limits of available appropriations, contract with boards of health for temporary housing, to be used in meeting relocation requirements in section 144.9504, and award grants to boards of health for the purposes of paying housing and relocation costs under section 144.9504.
Subd. 4. [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] The commissioner shall, within the limits of available state or federal appropriations, provide funds for lead cleanup equipment and materials under a grant program to nonprofit community-based organizations in areas at high risk for toxic lead exposure, as provided for in section 144.9503.
Subd. 5. [FEDERAL LEAD-RELATED FUNDS.] To the extent practicable under federal guidelines, the commissioner of health shall coordinate with the commissioner of housing finance so that at least 50 percent of federal lead funds are allocated for swab team services.
To the extent practicable under federal guidelines, the commissioner of health may also use federal funding to contract with boards of health for purposes as specified in this section, but only to the extent that the federal funds do not replace existing funding for these lead services.
Sec. 10. [144.9508] [RULES.]
Subdivision 1. [SAMPLING AND ANALYSIS.] The commissioner shall adopt, by rule, visual inspection and sampling and analysis methods for:
(1) lead inspections under section 144.9504;
(2) environmental surveys of lead in paint, soil, dust, and drinking water to determine census tracts that are areas at high risk for toxic lead exposure;
(3) soil sampling for soil used as replacement soil; and
(4) drinking water sampling, which shall be done in accordance with lab certification requirements and analytical techniques specified by Code of Federal Regulations, title 40, section 141.89.
Subd. 2. [LEAD STANDARDS AND METHODS.] (a) The commissioner shall adopt rules establishing lead hazard reduction standards and methods in accordance with the provisions of this section, for lead in paint, dust, drinking water, and soil in a manner that protects public health and the environment for all residences, including residences also used for a commercial purpose, child care facilities, playgrounds, and schools.
(b) In the rules required by this section, the commissioner shall differentiate between intact paint and deteriorated paint. The commissioner shall require lead hazard reduction of intact paint only if the commissioner finds that the intact paint is on a chewable or lead-dust producing surface that is a known source of actual lead exposure to a specific individual. The commissioner shall prohibit methods that disperse lead dust into the air that could accumulate to a level that would exceed the lead dust standard specified under this section. The commissioner shall work cooperatively with the commissioner of administration to determine which lead hazard reduction methods adopted under this section may be used for lead-safe directives including prohibited practices, preparation, disposal, and cleanup. The commissioner shall work cooperatively with the commissioner of the pollution control agency to develop disposal procedures. In adopting rules under this section, the commissioner shall require the best available technology for lead hazard reduction methods, paint stabilization, and repainting.
(c) The commissioner of health shall adopt lead hazard reduction standards and methods for lead in bare soil in a manner to protect public health and the environment. The commissioner shall adopt a maximum standard of 100 parts of lead per million in bare soil. The commissioner shall set a soil replacement standard not to exceed 25 parts of lead per million. Soil lead hazard reduction methods shall focus on erosion control and covering of bare soil.
(d) The commissioner shall adopt lead hazard reduction standards and methods for lead in dust in a manner to protect the public health and environment. Dust standards shall use a weight of lead per area measure and include dust on the floor, on the window sills, and on window wells. Lead hazard reduction methods for dust shall focus on dust removal and other practices which minimize the formation of lead dust from paint, soil, or other sources.
(e) The commissioner shall adopt lead hazard reduction standards and methods for lead in drinking water both at the tap and public water supply system or private well in a manner to protect the public health and the environment. The commissioner may adopt the rules for controlling lead in drinking water as contained in Code of Federal Regulations, title 40, part 141. Drinking water lead hazard reduction methods may include an educational approach of minimizing lead exposure from lead in drinking water.
(f) The commissioner of the pollution control agency shall adopt rules to ensure that removal of exterior lead-based coatings from residences and steel structures by abrasive blasting methods is conducted in a manner that protects health and the environment.
(g) All lead hazard reduction standards shall provide reasonable margins of safety that are consistent with more than a summary review of scientific evidence and an emphasis on overprotection rather than underprotection when the scientific evidence is ambiguous.
(h) No unit of local government shall have an ordinance or regulation governing lead hazard reduction standards or methods for lead in paint, dust, drinking water, or soil that require a different lead hazard reduction standard or method than the standards or methods established under this section.
(i) Notwithstanding paragraph (h), the commissioner may approve the use by a unit of local government of an innovative lead hazard reduction method which is consistent in approach with methods established under this section.
Subd. 3. [LEAD CONTRACTORS AND WORKERS.] The commissioner shall adopt rules to license lead contractors and to certify workers of lead contractors who perform lead abatement or lead hazard reduction.
Subd. 4. [LEAD TRAINING COURSE.] The commissioner shall establish by rule a permit fee to be paid by a training course provider on application for a training course permit or renewal period for each lead-related training course required for certification or licensure.
Subd. 5. [VARIANCES.] In adopting the rules required under this section, the commissioner shall provide variance procedures for any provision in rules adopted under this section, except for the numerical standards for the concentrations of lead in paint, dust, bare soil, and drinking water.
Subd. 6. [AUTHORITY OF COMMISSIONER.] The commissioner has the authority to adopt rules in accordance with the provisions of section 14.06, necessary to carry out all the provisions of sections 144.9501 to 144.9509.
Subd. 7. [PROGRAM DIRECTIVES.] In order to achieve statewide consistency in the application of lead abatement standards, the commissioner shall issue program directives that interpret the application of rules under this section in ambiguous or unusual lead abatement situations. These program directives are guidelines to local boards of health. The commissioner shall periodically review lead abatement orders and the program directives to determine if the rules under this section need to be amended to reflect new understanding of lead abatement practices and methods.
Sec. 11. [144.9509] [ENFORCEMENT.]
Subdivision 1. [ENFORCEMENT.] When the commissioner exercises authority for enforcement, the provisions of sections 144.9501 to 144.9509 shall be enforced under the provisions of sections 144.989 to 144.993. The commissioner shall develop a model ordinance for boards of health to adopt to enforce section 144.9504. Boards of health shall enforce a lead order issued under section 144.9504 under a local ordinance or as a public health nuisance under chapter 145A.
Subd. 2. [DISCRIMINATION.] A person who discriminates against or otherwise sanctions an employee who complains to or cooperates with the inspecting agency in administering sections 144.9501 to 144.9509 is guilty of a petty misdemeanor.
Subd. 3. [ENFORCEMENT AND STATUS REPORT.] The commissioner shall examine compliance with Minnesota's existing lead standards and rules and report to the legislature biennially, beginning February 15, 1997, including an evaluation of current lead program activities by the state and boards of health, the need for any additional enforcement procedures, recommendations on developing a method to enforce compliance with lead standards, and cost estimates for any proposed enforcement procedure. The report shall also include a geographic analysis of all blood lead assays showing incidence data and environmental analyses reported or collected by the commissioner.
Sec. 12. Minnesota Statutes 1994, section 144.99, subdivision 1, is amended to read:
Subdivision 1. [REMEDIES AVAILABLE.] The provisions of
chapters 103I and 157 and sections 115.71 to 115.82; 144.12,
subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13),
(14), and (15); 144.121; 144.35; 144.381 to 144.385; 144.411 to
144.417; 144.491; 144.495; 144.71 to 144.74; 144.871 to
144.878 144.9501 to 144.9509; 144.992; 326.37 to
326.45; 326.57 to 326.785; 327.10 to 327.131; and 327.14 to
327.28 and all rules, orders, stipulation agreements,
settlements, compliance agreements, licenses, registrations,
certificates, and permits adopted or issued by the department or
under any other law now in force or later enacted for the
preservation of public health may, in addition to provisions in
other statutes, be enforced under this section.
Sec. 13. [REPEALER.]
Minnesota Statutes 1994, sections 144.871; 144.872; 144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 144.8782; and 144.879, are repealed.
Section 1. Minnesota Statutes 1994, section 268.92,
Subdivision 1. [DEFINITIONS.] (a) For the purposes of
this section, the following terms have the meanings given
them.
(a) "Certified trainer" means a lead trainer certified by
the commissioner of health under section 144.878,
subdivision 5.
(b) "Certified worker" means a lead abatement worker
certified by the commissioner of health under section 144.878,
subdivision 5.
(c) "Commissioner" means the commissioner of economic
security words defined in section 144.9501 have the
meanings given.
(d) (b) For purposes of this section, "eligible
organization" means a licensed lead contractor,
certified trainer, city, board of health, community health
department, community action agency as defined in section 268.52,
or community development corporation.
(c) For purposes of this section, "commissioner" means the commissioner of economic security.
(e) "High risk for toxic lead exposure" has the meaning
given in section 144.871, subdivision 7a.
(f) "Licensed contractor" means a contractor licensed by the
department of health under section 144.876.
(g) "Removal and replacement abatement" means lead abatement
on residential property that requires retrofitting and conforms
to the rules established under section 144.878.
(h) "Swab team" has the meaning given in section 144.871,
subdivision 9.
Sec. 2. Minnesota Statutes 1994, section 268.92, subdivision 2, is amended to read:
Subd. 2. [GRANTS; ADMINISTRATION.] Within the limits of the
available appropriation, the commissioner shall develop a swab
team services program which may make demonstration and
training grants to eligible organizations for programs to
train workers for to provide swab teams
team services and removal and replacement abatement,
and to provide swab team services and removal and replacement
abatement swab team services for residential property.
Grants may be awarded to nonprofit organizations to provide
technical assistance and training to ensure quality and
consistency within the statewide program. Grants shall be awarded
to help ensure full-time employment to workers providing swab
team services and shall be awarded for a two-year period.
Grants awarded under this section must be made in consultation with the commissioners of the department of health and the housing finance agency, and representatives of neighborhood groups from areas at high risk for toxic lead exposure, a labor organization, the lead coalition, community action agencies, and the legal aid society. The consulting team shall review grant applications and recommend awards to eligible organizations that meet requirements for receiving a grant under this section.
Sec. 3. Minnesota Statutes 1994, section 268.92, subdivision 3, is amended to read:
Subd. 3. [APPLICANTS.] (a) Interested eligible organizations
may apply to the commissioner for grants under this section. Two
or more eligible organizations may jointly apply for a grant.
Priority shall be given to community action agencies in greater
Minnesota and to either community action agencies or neighborhood
based nonprofit organizations in cities of the first class.
3.75 percent of the total allocation may be used for
administrative costs. Of the total annual appropriation,
12.5 percent may be used for administrative purposes. The
commissioner may deviate from this percentage if a grantee can
justify the need for a larger administrative allowance. Of this
amount, up to five percent may be used by the commissioner for
state administrative purposes. Applications must provide
information requested by the commissioner, including at least the
information required to assess the factors listed in paragraph
(d).
(b) The commissioner of economic security shall coordinate with
the commissioner of health and local who shall consult
with boards of health to provide swab team services for
purposes of secondary prevention. The priority for swab teams
created by grants to eligible organizations under this section
shall be work assigned by the commissioner of health, or by a
board of health if so designated by the commissioner of health,
to provide secondary prevention swab team services to fulfill the
requirements of section 144.9504, subdivision 6, in response to a
lead order. Swab teams, administered assigned work
under this section by the commissioner of economic security,
that are not engaged daily in fulfilling the requirements of
section 144.872, subdivision 5 144.9504, subdivision
6, must deliver swab team services in response to elevated
blood lead levels as defined in section 144.9501, subdivision 9,
where lead orders were not issued, and for purposes of primary
prevention in census tracts known to be in areas at
high risk for toxic lead exposure as described in section
144.9503, subdivision 2.
(c) Any additional money shall be used for grants
shall be made to establish swab teams for primary
prevention, without environmental lead testing under
section 144.9503, in census tracts in areas at high
risk for toxic lead exposure as determined under section
144.9503, subdivision 2.
(d) In evaluating grant applications, the commissioner shall consider the following criteria:
(1) the use of licensed lead contractors and
certified lead abatement workers for residential
lead abatement swab team services;
(2) the participation of neighborhood groups and individuals,
as swab team members workers, in areas at high risk
for toxic lead exposure;
(3) plans for the provision of swab team services for
primary and secondary prevention through swab team
services in areas at high risk for toxic lead exposure on a
census tract basis without environmental lead testing as
required under subdivision 4;
(4) plans for supervision, training, career development, and postprogram placement of swab team members;
(5) plans for resident and property owner education on lead safety;
(6) plans for distributing cleaning supplies to area residents and educating residents and property owners on cleaning techniques;
(7) sources of other funding and cost estimates for training, lead inspections, swab team services, equipment, monitoring, testing, and administration;
(8) measures of program effectiveness; and
(9) coordination of program activities with other federal,
state, and local public health, job training, apprenticeship, and
housing renovation programs including the emergency jobs program
under sections 268.672 to 268.881.; and
(10) prior experience in providing swab team services.
Sec. 4. Minnesota Statutes 1994, section 268.92, subdivision 4, is amended to read:
Subd. 4. [LEAD ABATEMENT CONTRACTORS.] (a) Eligible
organizations and licensed lead abatement
contractors may participate in the lead abatement swab
team program. An eligible organization receiving a
grant under this section must assure that all participating
lead contractors are licensed and that all swab team,
and removal and replacement employees workers are
certified by the department of health under section 144.878,
subdivision 5 144.9505. Eligible organizations
and licensed lead contractors may distinguish
between interior and exterior services in assigning duties and
may participate in the program by:
(1) providing on-the-job training for swab teams team
workers;
(2) providing swab team services to meet the requirements of
section 144.872 sections 144.9503, subdivision 4, and
144.9504, subdivision 6;
(3) providing a removal and replacement abatement
component using skilled craft workers under subdivision
7;
(4) providing primary prevention, without environmental
lead testing, in census tracts at high risk for toxic lead
exposure according to subdivision 7a;
(5) providing lead dust cleaning supplies, as described in
section 144.872, subdivision 4 144.9503, subdivision 5,
paragraph (b), to residents; or
(6) instructing having a swab team worker
instruct residents and property owners on appropriate lead
control techniques, including the lead-safe directives
developed by the commissioner of health.
(b) Participating licensed lead contractors
must:
(1) demonstrate proof of workers' compensation and general liability insurance coverage;
(2) be knowledgeable about lead abatement requirements established by the Department of Housing and Urban Development and the Occupational Safety and Health Administration and lead hazard reduction requirements and lead-safe directives of the commissioner of health;
(3) demonstrate experience with on-the-job training programs;
(4) demonstrate an ability to recruit employees from areas at high risk for toxic lead exposure; and
(5) demonstrate experience in working with low-income clients.
Sec. 5. Minnesota Statutes 1994, section 268.92, subdivision 5, is amended to read:
Subd. 5. [LEAD ABATEMENT EMPLOYEES SWAB TEAM
WORKERS.] Each worker engaged in swab team services or
removal and replacement abatement in programs established
under this section must have blood lead concentrations below 15
micrograms of lead per deciliter of whole blood as
determined by a baseline blood lead screening. Any organization
receiving a grant under this section is responsible for lead
screening and must assure that all swab team workers in
lead abatement programs, receiving grant funds under this
section, meet the standards established in this subdivision.
Grantees must use appropriate workplace procedures including
following the lead-safe directives developed by the commissioner
of health to reduce risk of elevated blood lead levels.
Grantees and participating contractors must report all employee
blood lead levels that exceed 15 micrograms of lead per
deciliter of whole blood to the commissioner of health.
Sec. 6. Minnesota Statutes 1994, section 268.92, subdivision 6, is amended to read:
Subd. 6. [ON-THE-JOB TRAINING COMPONENT.] (a) Programs
established under this section must provide on-the-job training
for swab teams team workers. Training methods must
follow procedures established under section 144.878,
subdivision 5 144.9506.
(b) Swab team members workers must receive
monetary compensation equal to the prevailing wage as defined in
section 177.42, subdivision 6, for comparable jobs in the
licensed contractor's principal business.
Sec. 7. Minnesota Statutes 1994, section 268.92, subdivision 7, is amended to read:
Subd. 7. [REMOVAL AND REPLACEMENT COMPONENT.] (a) Within the
limits of the available appropriation and if a need is
identified by a lead inspector, programs may be
established if a need is identified the commissioner may
establish a component for removal and replacement
abatement of deteriorated paint in residential
properties. according to the following criteria:
(1) components within a residence must have both deteriorated lead-based paint and substrate damage beyond repair or rotting wooden framework to be eligible for removal and replacement;
(2) all removal and replacement abatement must be
done using least-cost methods that meet the standards of
section 144.878, subdivision 2. and following lead-safe
directives;
(3) whenever windows and doors or other components covered with deteriorated lead-based paint have sound substrate or are not rotting, those components should be repaired, sent out for stripping or be planed down to remove deteriorated lead-based paint or covered with protective guards instead of being replaced, provided that such an activity is the least cost method of providing the swab team service;
(4) removal and replacement abatement or
repair must be done by licensed lead abatement
contractors. using skilled craft workers or trained
swab team members; and
(5) all craft work that requires a state license must be supervised by a person with a state license in the craft work being supervised. The grant recipient may contract for this supervision.
(b) The program design must:
(1) identify the need for trained on the job training
of swab team workers and to be removal and
replacement abatement workers and;
(2) describe plans to involve appropriate groups in designing
methods to meet the need for trained lead abatement
training swab team workers; and.
(3) include an examination of how program participants may
achieve certification as a part of the work experience and
training component. Certification may be achieved through
licensing, apprenticeship, or other education programs.
Sec. 8. Minnesota Statutes 1994, section 268.92, is amended by adding a subdivision to read:
Subd. 7a. [TESTING AND EVALUATION.] (a) Testing of the environment is not necessary by swab teams whose work is assigned by the commissioner of health or a designated board of health under section 144.9504. The commissioner of health or designated board of health shall share the analytical testing data collected on each residence for purposes of secondary prevention under section 144.9504 with the swab team workers in order to provide constructive feedback on their work and to the commissioner for the purposes set forth in paragraph (c).
(b) For purposes of primary prevention evaluation, the following samples must be collected: pretesting and posttesting of one noncarpeted floor dust lead sample and a notation of the extent and location of bare soil and of deteriorated lead-based paint. The analytical testing data collected on each residence for purposes of primary prevention under section 144.9503, shall be shared with the swab team workers in order to provide constructive feedback on their work and to the commissioner for the purposes set forth in paragraph (c).
(c) The commissioner of health shall establish a program in cooperation with the commissioner of economic security to collect appropriate data as required under paragraphs (a) and (b), in order to conduct an ongoing evaluation of swab team services for primary and secondary prevention. Within the limits of available appropriations, the commissioner of health shall conduct or contract with the commissioner of economic security, on up to 1,000 residences which have received primary or secondary prevention swab team services, a post-remediation evaluation, on at least a quarterly basis for a period of at least two years for each residence. The evaluation must note the condition of the paint within the residence, the extent of bare soil on the grounds, and collect and analyze one noncarpeted floor dust lead sample. The data collected shall be evaluated to determine the efficacy of providing swab team services as a method of reducing lead exposure in young children. In evaluating this data, the commissioner of health shall consider city size, community location, historic traffic flow, soil lead level of the property by area or
census tract, distance to industrial point sources that emit lead, season of the year, age of the housing, age, and number of children living at the residence, the presence of pets that move in and out of the residence, and other relevant factors as the commissioner of health may determine. This evaluation of the swab team program may be paid from amounts appropriated to the department of economic security for providing swab team services.
Sec. 9. Minnesota Statutes 1994, section 268.92, subdivision 8, is amended to read:
Subd. 8. [PROGRAM BENEFITS.] As a condition of providing
lead abatement swab team services under this
section, an organization may require a property owner to not
increase rents on a property solely as a result of a substantial
improvement made with public funds under the programs in this
section.
Sec. 10. Minnesota Statutes 1994, section 268.92, subdivision 10, is amended to read:
Subd. 10. [REPORT.] Beginning in the year in which an
appropriation is received, the commissioner shall prepare and
submit a lead abatement swab team program report to
the legislature and the governor by December 31, and every two
years thereafter. At a minimum, the report must describe the
programs organizations that received grants under
this section, the cost, nature, and extent of swab team
services provided by each grantee, an evaluation of the efficacy
of providing swab team services under subdivision 7a, and
make recommendations for program changes.
Sec. 11. Minnesota Statutes 1994, section 462A.05, subdivision 15c, is amended to read:
Subd. 15c. [RESIDENTIAL LEAD ABATEMENT.] It may make or
purchase loans or grants for the abatement of hazardous levels of
lead paint in residential buildings and lead contaminated soil on
the property of residential buildings occupied by low- and
moderate-income persons. Hazardous levels are as determined by
the department of health or the pollution control agency. The
agency must establish grant criteria for a residential
lead paint and lead contaminated soil abatement program,
including the terms of loans and grants under this section, a
maximum amount for loans or grants, eligible owners
borrowers or grantees, eligible contractors, and eligible
buildings. The agency may make grants to cities, local units of
government, registered lead abatement contractors, and nonprofit
organizations for the purpose of administering a residential lead
paint and contaminated lead soil abatement program. No loan
or grant may be made for lead paint abatement for a multifamily
building which contains substantial housing maintenance code
violations unless the violations are being corrected in
conjunction with receipt of the loan or grant under this
section. The agency must establish standards for the
relocation of families where necessary and the payment of
relocation expenses. To the extent possible, the agency must
coordinate loans and grants under this section with existing
housing programs.
The agency, in consultation with the department of health,
shall report to the legislature by January 1993
1996 on the costs and benefits of subsidized lead
abatement and the extent of the childhood lead exposure problem.
The agency shall review the effectiveness of its existing loan
and grant programs in providing funds for residential lead
abatement and report to the legislature with examples, case
studies and recommendations.
Sec. 12. [REPEALER.]
Minnesota Statutes 1994, section 115C.082, subdivision 2, is repealed."
The motion prevailed and the amendment was adopted.
Clark and Kahn moved to amend S. F. No. 801, as amended, as follows:
Page 10, after line 13, insert:
"The reporting requirements of this subdivision shall expire on December 31, 1997. Beginning January 1, 1998, every hospital, medical clinic, medical laboratory, or other facility performing blood lead analysis shall report the results within two working days by telephone, fax, or electronic transmission, with written or electronic confirmation within one month, for capillary or venous blood lead level equal to the level for which reporting is recommended by the Center for Disease Control."
Page 12, line 24, before the comma, insert "or housing finance"
Page 16, line 21, delete everything after the period
Page 16, line 22, delete everything before "The"
Page 31, delete lines 28 to 31
Page 31, line 32, delete "7" and insert "6"
Page 33, line 33, before the period, insert ", or commissioner of the Minnesota housing finance agency as authorized by section 462A.05, subdivision 15c"
Page 35, lines 13 and 23, strike "of economic security"
Page 40, line 19, delete "of economic security"
Page 40, lines 24 and 25, delete "of economic security"
Page 41, line 30, before "It" insert "(a)"
Page 42, after line 24, insert:
"(b) The agency may also make grants to eligible organizations, as defined in section 268.92, subdivision 1, for the purposes of section 268.92."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 801, A bill for an act relating to health; recodifying and modifying provisions relating to lead abatement law; amending Minnesota Statutes 1994, sections 16B.61, subdivision 3; 116.87, subdivision 2; 144.99, subdivision 1; 268.92, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, and by adding a subdivision; and 462A.05, subdivision 15c; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1994, sections 115C.082, subdivision 2; 144.871; 144.872; 144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 144.8782; and 144.879.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 86 yeas and 42 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Greiling Long Osskopp Smith Bakk Hasskamp Lourey Osthoff Solberg Bertram Hausman Luther Ostrom Stanek Brown Holsten Lynch Otremba Swenson, D. Carlson Huntley Mahon Ozment Tomassoni Carruthers Jaros Mares Pawlenty Tompkins Clark Jefferson Mariani Pelowski Trimble Cooper Johnson, A. Marko Perlt Tunheim Dauner Johnson, R. McCollum Peterson Wagenius Davids Johnson, V. McElroy Pugh Wejcman Dawkins Kahn McGuire Rest Winter Delmont Kalis Milbert Rhodes Wolf Dempsey Kelso Munger Rukavina Worke Dorn Kinkel Murphy Sarna Sp.Anderson,I Entenza Larsen Olson, E. Schumacher Farrell Leighton Opatz Seagren Garcia Leppik Orenstein Simoneau Greenfield Lieder Orfield SkoglundThose who voted in the negative were:
Abrams Dehler Knight Olson, M. Van Dellen Anderson, B. Erhardt Knoblach Onnen Van Engen Bettermann Finseth Koppendrayer Paulsen VickermanThe bill was passed, as amended, and its title agreed to.
JOURNAL OF THE HOUSE - 63rd Day - Top of Page 4925
Bishop Frerichs Kraus Pellow Warkentin Boudreau Girard Krinkie Rostberg Weaver Bradley Goodno Lindner Sviggum Workman Broecker Haas Macklin Swenson, H. Commers Hackbarth Molnau Sykora Daggett Harder Ness Tuma
H. F. No. 401 was reported to the House.
Rukavina moved that H. F. No. 401 be continued on Special Orders. The motion prevailed.
S. F. No. 1033 was reported to the House.
McCollum and Skoglund moved to amend S. F. No. 1033 as follows:
Page 16, delete section 13
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 McCollum and Skoglund amendment and the roll was called. There were 74 yeas and 55 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Greenfield Lieder Opatz Schumacher Bakk Greiling Long Orenstein Simoneau Bertram Hasskamp Lourey Orfield Skoglund Brown Hausman Luther Osthoff Smith Carlson Jaros Mahon Ostrom Solberg Carruthers Jefferson Mariani Otremba Sykora Clark Jennings Marko Ozment Tomassoni Cooper Johnson, A. McCollum Pelowski Trimble Dauner Johnson, R. McElroy Perlt Tunheim Dawkins Kahn McGuire Peterson Wagenius Delmont Kalis Milbert Pugh Warkentin Dorn Kelso Munger Rest Wejcman Entenza Kinkel Murphy Rostberg Winter Farrell Knoblach Ness Rukavina Sp.Anderson,I Garcia Leighton Olson, E. SarnaThose who voted in the negative were:
Abrams Dempsey Huntley Molnau Swenson, D. Anderson, B. Erhardt Johnson, V. Olson, M. Swenson, H. Bettermann Finseth Knight Onnen Tompkins Bishop Frerichs Koppendrayer Osskopp Tuma Boudreau Girard Kraus Paulsen Van Dellen Bradley Goodno Krinkie Pawlenty Van Engen Broecker Haas Larsen Pellow Vickerman Commers Hackbarth Leppik Rhodes Weaver Daggett Harder Lindner Seagren Wolf Davids Holsten Lynch Stanek Worke Dehler Hugoson Macklin Sviggum WorkmanThe motion prevailed and the amendment was adopted.
S. F. No. 1033, A bill for an act relating to insurance; solvency; regulating disclosures, reinsurance, capital stock, managing general agents, and contracts issued on a variable basis; amending Minnesota Statutes 1994, sections 13.71, by adding a subdivision; 60A.03, subdivision 9; 60A.07, subdivision 10; 60A.093, subdivision 2; 60A.11, subdivisions 18 and 20; 60A.705, subdivision 8; 60A.75; 60H.02, subdivision 4; 60H.05, subdivision 1; 60H.08; 61A.19; 61A.31, subdivision 3; and 67A.231; proposing coding for new law in Minnesota Statutes, chapter 60A.
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 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Koppendrayer Onnen Solberg Anderson, B. Finseth Kraus Opatz Stanek Anderson, R. Garcia Krinkie Orenstein Sviggum Bakk Girard Larsen Orfield Swenson, D. Bertram Goodno Leighton Osskopp Swenson, H. Bettermann Greenfield Leppik Osthoff Sykora Bishop Greiling Lieder Ostrom Tomassoni Boudreau Haas Lindner Otremba Tompkins Bradley Hackbarth Long Ozment Trimble Broecker Harder Lourey Paulsen Tuma Brown Hasskamp Luther Pawlenty Tunheim Carlson Hausman Lynch Pellow Van Dellen Carruthers Hugoson Macklin Pelowski Van Engen Clark Huntley Mahon Perlt Vickerman Commers Jaros Mares Peterson Wagenius Cooper Jefferson Mariani Pugh Warkentin Daggett Jennings Marko Rest Weaver Dauner Johnson, A. McCollum Rhodes Wejcman Davids Johnson, R. McElroy Rostberg Winter Dawkins Johnson, V. McGuire Rukavina Wolf Dehler Kahn Milbert Sarna Worke Delmont Kalis Molnau Schumacher Workman Dempsey Kelso Munger Seagren Sp.Anderson,I Dorn Kinkel Murphy Simoneau Entenza Knight Ness Skoglund Erhardt Knoblach Olson, M. SmithThe bill was passed, as amended, and its title agreed to.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 127:
Paulsen, Luther and Rukavina.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1019:
Long, Kelley, Marko, Rhodes and Abrams.
Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.
The House reconvened and was called to order by the Speaker.
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding General Orders for today:
S. F. No. 447; H. F. No. 1522; S. F. No. 529; H. F. No. 1050; and S. F. Nos. 1233, 368, 873, 259 and 1280.
S. F. No. 447 was reported to the House.
Carruthers moved that S. F. No. 447 be continued on Special Orders. The motion prevailed.
H. F. No. 1522 was reported to the House.
There being no objection, H. F. No. 1522 was continued on Special Orders.
S. F. No. 529, A bill for an act relating to public safety; requiring installation of automatic sprinkler systems in certain existing high-rise buildings; proposing coding for new law in Minnesota Statutes, chapter 299F.
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 80 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Abrams Garcia Lourey Otremba Solberg Anderson, R. Hackbarth Luther Ozment Stanek Bakk Hasskamp Macklin Pawlenty Swenson, D. Bertram Hausman Mahon Pellow Tomassoni Bishop Holsten Mares Pelowski Tompkins Bradley Huntley Mariani Perlt Trimble Brown Jaros Marko Peterson Tunheim Carlson Jefferson McGuire Pugh Van Engen Carruthers Jennings Milbert Rest Wagenius Cooper Johnson, A. Munger Rhodes Wenzel Daggett Johnson, R. Murphy Rice Winter Dauner Kahn Olson, E. Rostberg Sp.Anderson,I Dawkins Kalis Opatz Rukavina Delmont Kinkel Orenstein Sarna Dempsey Larsen Osskopp Schumacher Dorn Leighton Osthoff Simoneau Farrell Lieder Ostrom SmithThose who voted in the negative were:
Anderson, B. Girard Koppendrayer Olson, M. Van Dellen Bettermann Goodno Kraus Onnen Vickerman Boudreau Greenfield Krinkie Orfield Warkentin Broecker Greiling Leppik Paulsen Weaver Clark Haas Lindner Seagren Wejcman Davids Harder Long Skoglund Wolf Dehler Hugoson Lynch Sviggum Worke Erhardt Johnson, V. McElroy Swenson, H. Workman Finseth Kelley Molnau Sykora Frerichs Knight Mulder TumaThe bill was passed and its title agreed to.
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.
Trimble moved that the vote whereby the House refused to concur in the Senate amendments to H. F. No. 1101 and that the Speaker appoint a Conference Committee of 3 members be now reconsidered. The motion prevailed.
Trimble moved that the House concur in the Senate amendments to H. F. No. 1101 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1101, A bill for an act relating to water; making miscellaneous technical corrections to water law; delegation of permit authority; minimal impact permits; removal of hazardous dams; requiring the commissioner of natural resources to issue a permit authorizing Hennepin county to construct a seawall on Lake Minnetonka; amending Minnesota Statutes 1994, sections 103F.215, subdivision 1; 103F.221, subdivision 1; 103G.005, subdivision 14; 103G.105; 103G.111, subdivision 1; 103G.121, subdivision 1; 103G.135; 103G.245, subdivisions 3 and 5; 103G.271, subdivision 2; 103G.275, subdivision 1; 103G.295, subdivision 4; 103G.301, subdivision 2; 103G.315, subdivisions 12 and 15; 103G.511, subdivision 12; 103G.515, by adding a subdivision; and 103G.611, subdivision 3.
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 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Onnen Sviggum Anderson, B. Frerichs Koppendrayer Orenstein Swenson, D. Anderson, R. Garcia Kraus Osskopp Swenson, H. Bakk Girard Krinkie Osthoff Sykora Bertram Goodno Larsen Ostrom Tomassoni Bettermann Greenfield Leighton Otremba Tompkins Bishop Greiling Lieder Ozment Trimble Boudreau Haas Lindner Paulsen Tuma Bradley Hackbarth Long Pawlenty Tunheim Broecker Harder Luther Pellow Van Dellen Brown Hasskamp Lynch Pelowski Van Engen Carlson Hausman Macklin Perlt Vickerman Carruthers Holsten Mahon Peterson Wagenius Clark Hugoson Mares Pugh Warkentin Commers Huntley Mariani Rest Weaver Cooper Jaros Marko Rice Wejcman Daggett Jefferson McElroy Rostberg Wenzel Dauner Jennings McGuire Rukavina Winter Davids Johnson, A. Milbert Sarna Wolf Dawkins Johnson, R. Molnau Schumacher Worke Dehler Johnson, V. Mulder Seagren Workman Delmont Kahn Munger Simoneau Sp.Anderson,I Dempsey Kalis Murphy Skoglund Dorn Kelley Ness Smith Erhardt Kinkel Olson, E. Solberg Farrell Knight Olson, M. StanekThe bill was repassed, as amended by the Senate, and its title agreed to.
Bakk moved that the name of Haas be added as an author on H. F. No. 1806. The motion prevailed.
Greiling moved that the name of Koppendrayer be added as an author on H. F. No. 1921. The motion prevailed.
McCollum moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 17, 1995, when the vote was taken on the final passage of H. F. No. 1584." The motion prevailed.
Osskopp moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Wednesday, May 17, 1995, when the vote was taken on the final passage of H. F. No. 1910." 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 Wednesday, May 17, 1995, when the vote was taken on the repassage of S. F. No. 1110, as amended by Conference." The motion prevailed.
Solberg moved that S. F. No. 447, now on Special Orders, be re- referred to the Committee on Ways and Means. The motion prevailed.
Solberg moved that S. F. No. 1290, now on General Orders, be re-referred to the Committee on Ways and Means. The motion prevailed.
Carruthers; Anderson, I., and Sviggum introduced:
House Concurrent Resolution No. 6, A house concurrent resolution relating to adjournment of the House of Representatives and Senate until 1996.
The concurrent resolution was referred to the Committee on Rules and Legislative Administration.
Carruthers moved that when the House adjourns today it adjourn until 8:30 a.m., Friday, May 19, 1995. The motion prevailed.
Sviggum moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 8:30 a.m., Friday, May 19, 1995.
Edward A. Burdick, Chief Clerk, House of Representatives
Comments: webmaster@house.leg.state.mn.us