Rest from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 2616, A bill for an act relating to Dakota county; providing for city administration of the dangerous dog registration system.

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

The report was adopted.

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 2641, A bill for an act relating to business organizations; defining the terms "professional" and "professional services" as they relate to professional corporations and professional firms; amending Minnesota Statutes 1996, sections 319A.02, subdivision 2; and 319A.03; Minnesota Statutes 1997 Supplement, sections 319B.02, subdivisions 17 and 19.

Reported the same back with the following amendments:

Page 1, line 15, after the comma, insert "as a physician assistance pursuant to sections 147A.01 to 147A.27,"

Pages 2 and 3, delete section 2 and insert:

"Sec. 2. Minnesota Statutes 1997 Supplement, section 319A.02, subdivision 2a, is amended to read:

Subd. 2a. [PROFESSIONAL HEALTH SERVICE.] (a) Individuals who furnish professional services pursuant to a license or certificate issued by the state of Minnesota to practice medicine pursuant to sections 147.01 to 147.22, as a physician assistant pursuant to sections 147A.01 to 147A.27, chiropractic pursuant to sections 148.01 to 148.106, registered nursing pursuant to sections 148.171 to 148.285, optometry pursuant to sections 148.52 to 148.62, psychology pursuant to sections 148.88 to 148.98, dentistry pursuant to sections 150A.01 to 150A.12, pharmacy pursuant to sections 151.01 to 151.40, or podiatric medicine pursuant to sections 153.01 to 153.26 are specifically authorized to practice any of these categories of services in combination if the individuals are organized under this chapter.

(b) This authorization does not authorize an individual to practice any profession, or furnish a professional service, for which the individual is not licensed, but otherwise applies regardless of any contrary provision of a licensing statute or rules adopted pursuant to that statute, related to practicing and organizing in combination with other health services professionals.

(c) A professional corporation may not adopt, implement, or follow a policy, procedure, or practice that would give a board grounds for disciplinary action against a professional who follows, agrees to, or acquiesces in the policy, procedure, or practice.

(d) This subdivision expires on December 31, 1998.

Sec. 3. Minnesota Statutes 1996, section 319A.02, subdivision 3, is amended to read:

Subd. 3. "Professional" means a natural person who is licensed by the laws of the state of Minnesota or similar laws of another state to render professional service. Professional includes a natural person who is licensed or otherwise authorized to practice law under the laws of a foreign nation."

Page 3, line 18, after the first comma, insert "as a physician assistant pursuant to sections 147A.01 to 147A.27,"

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 5, delete "sections" and insert "section"

Page 1, line 6, delete "subdivision 2" and insert "subdivisions 2 and 3" and delete "and 319A.03;"

Page 1, line 7, after "sections" insert "319A.02, subdivision 2a; and"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2718, A bill for an act relating to recreational vehicles; requiring snowmobiles registered in another jurisdiction to have a state trail use sticker; amending Minnesota Statutes 1997 Supplement, section 84.8205.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1997 Supplement, section 84.8205, is amended to read:

84.8205 [SNOWMOBILE STATE TRAIL PERMIT STICKER.]

Subdivision 1. [STICKER.] A snowmobile that is not registered in this state may not be operated on a state or grant-in-aid snowmobile trail unless the snowmobile operator has in possession displays a snowmobile state trail permit sticker. The commissioner of natural resources shall issue a permit sticker upon application and payment of a $15 fee. The permit sticker is valid from November 1 through April 30. Fees collected under this section shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund.

Subd. 2. [PLACEMENT.] The trail sticker shall be permanently affixed to the forward half of the snowmobile directly above or below the headlight of the snowmobile.

Subd. 3. [LICENSE AGENTS.] (a) County auditors are appointed agents of the commissioner for the sale of snowmobile state trail stickers. The commissioner may appoint other state agencies as agents for the sale of the stickers. A county auditor may appoint subagents within the county or within adjacent counties to sell stickers. Upon appointment, the auditor shall notify the commissioner of the name and address of the subagent. The auditor may revoke the appointment of a subagent and the commissioner may revoke the appointment of a state agency at any time. Upon demand of the commissioner, the auditor shall revoke a subagent's appointment. The auditor shall furnish stickers on consignment to any subagent who furnishes a surety bond in favor of the county in an amount at least equal to the value of the stickers to be consigned to that subagent. A surety bond is not required of a state agency appointed by the commissioner. The county auditor shall be responsible for all stickers issued to and user fees received by agents, except in a county where the county auditor does not retain fees paid for license purposes. In these counties, the responsibilities imposed on the county auditor are imposed on the county. The commissioner may adopt additional rules as provided in section 97A.485, subdivision 11.

(c) The county auditor shall promptly deposit all money received from the sale of the stickers with the county treasurer, and shall promptly transmit any reports required by the commissioner, plus 96 percent of the price to each sticker holder, exclusive of the issuing fee, for each sticker sold or consigned by the auditor and subsequently sold to a sticker holder during the accounting period. The county auditor shall retain as a commission four percent of all sticker fees, excluding the issuing fee for stickers consigned to subagents and the issuing fee on stickers sold by the auditor to sticker holders.

(d) Unsold stickers in the hands of any subagent shall be redeemed by the commissioner if presented for redemption within the time prescribed by the commissioner. Any stickers not presented for redemption within the period prescribed shall be conclusively presumed to have been sold, and the subagent possessing the stickers or to whom they are charged shall be accountable.

Subd. 4. [FORM.] The department shall provide stickers to all agents authorized to issue stickers by the commissioner.

Subd. 5. [AGENT'S FEE.] The fee for a sticker shall be increased by the amount of an issuing fee of $1 per sticker. The issuing fee may be retained by the seller of the sticker."

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

The report was adopted.

Carlson from the Committee on Education to which was referred:

H. F. No. 2741, A bill for an act relating to education; establishing a regional distribution of regents; changing the membership and recommendation procedures of the regent candidate advisory council; amending Minnesota Statutes 1996, section 137.0245, subdivisions 2 and 4; proposing coding for new law in Minnesota Statutes, chapter 137; repealing Minnesota Statutes 1996, section 137.024.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [137.241] [REGENT RESIDENCE.]

In electing regents, the legislature must reflect the distinctive parts of the state by maintaining geographical balance. To this end, at least five members of the board shall reside in the seven-county metropolitan area, and at least five members shall reside outside the seven-county metropolitan area.

Sec. 2. Minnesota Statutes 1996, section 137.0245, subdivision 2, is amended to read:

Sec. 3. Minnesota Statutes 1996, section 137.0245, subdivision 4, is amended to read:

Subd. 4. [RECOMMENDATIONS.] The advisory council shall recommend at least two and not more than four candidates for each vacancy. By March 15 February 1 of each odd-numbered year, the advisory council shall submit its recommendations to the president of the senate and the speaker of the house of representatives. The governor is encouraged to endorse regent candidates and to communicate this endorsement to the house and senate education committees. The legislature shall not be bound by these recommendations.

Sec. 4. [TRANSITION OF ADVISORY COUNCIL MEMBERS.]

Terms of all members of the regent candidate advisory council are terminated on June 30, 1998. By July 1, 1998, the house, senate, and governor's office shall make their appointments to the council, as provided in section 2. These appointments may include current council members. The senate majority leader and speaker of the house shall each appoint one member to an initial two-year term, one member to an initial four-year term, and two members to initial six-year terms. The minority leaders shall each appoint one member to an initial four-year term. The governor shall appoint three members to initial two-year terms, one member to an initial four-year term, and one member to an initial six-year term.

Sec. 5. [REPEALER.]

Minnesota Statutes 1996, section 137.024, is repealed.

Sec. 6. [EFFECTIVE DATE.]

Sections 1 to 5 are effective the day following final enactment."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 2828, A bill for an act relating to health; modifying the authority of the commissioner to approve public water supplies; providing for administrative fines against large public water suppliers; amending Minnesota Statutes 1996, sections 144.383; and 144.99, subdivision 4.

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

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 2985, A bill for an act relating to children; providing for child welfare reform; restricting release of certain information; establishing citizen review panels; clarifying jurisdiction; establishing programs for child abuse and neglect assessments and investigations and concurrent planning for permanent placement; defining terms; imposing duties; appropriating money; amending Minnesota Statutes 1996, sections 13.391; 256.01, subdivision 12, and by adding a subdivision; 257.42; 257.43; 259.24, subdivision 1; 259.37, subdivision 2; 260.011, subdivision 2; 260.141, by adding a subdivision; 260.172, subdivision 1; 260.191, subdivision 1e; 260.221, as amended; and 626.556, subdivision 11a, and by adding a subdivision; Minnesota Statutes 1997 Supplement, sections 144.218, subdivision 2; 259.22, subdivision 4; 259.47, subdivision 3; 259.60, subdivision 2; 260.012; 260.015, subdivision 29; 260.191, subdivisions 1, 1a, and 3b; 260.241, subdivision 3; and 626.556, subdivision 11; proposing coding for new law in Minnesota Statutes, chapters 257; and 626.

Delete everything after the enacting clause and insert:

Section 1. Minnesota Statutes 1996, section 13.391, is amended to read:

13.391 [VIDEOTAPES, AUDIOTAPES, AND PHOTOGRAPHS OF CHILD ABUSE VICTIMS.]

(a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not obtain the following without a court order under section 13.03, subdivision 6, or 611A.90:

(1) a copy of a videotape or audiotape in which a child victim or alleged victim is alleging, explaining, denying, or describing an act of physical or sexual abuse without a court order under section 13.03, subdivision 6, or 611A.90 or neglect; or

(2) photographs depicting a child's injuries resulting from physical or sexual abuse or neglect. The definitions of physical abuse and sexual abuse in section 626.556, subdivision 2, apply to this section, except that abuse is not limited to acts by a person responsible for the child's care or in a significant relationship with the child or position of authority.

(b) This section does not limit other rights of access to data by an individual under section 13.04, subdivision 3, other than the right to obtain a copy of the videotape, audiotape, or photograph nor limit rights of access pursuant to discovery in a court proceeding.

Sec. 2. Minnesota Statutes 1997 Supplement, section 144.218, subdivision 2, is amended to read:

Subd. 2. [ADOPTION OF FOREIGN PERSONS.] In proceedings for the adoption of a person who was born in a foreign country, the court, upon evidence presented by the commissioner of human services from information secured at the port of entry, or upon evidence from other reliable sources, may make findings of fact as to the date and place of birth and parentage. Upon receipt of certified copies of the court findings and the order or decree of adoption or a certified copy of a decree issued under section 259.60, the state registrar shall register a birth certificate in the new name of the adopted person. The certified copies of the court findings and the order or, decree of adoption, or decree issued under section 259.60 are confidential, pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order or section 144.1761. The birth certificate shall state the place of birth as specifically as possible, and that the certificate is not evidence of United States citizenship.

Sec. 3. Minnesota Statutes 1997 Supplement, section 245A.03, subdivision 2, is amended to read:

Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 245A.16 do not apply to:

(1) residential or nonresidential programs that are provided to a person by an individual who is related unless the residential program is a child foster care placement made by a local social services agency or a licensed child-placing agency, except as provided in subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons from a single related family;

(3) residential or nonresidential programs that are provided to adults who do not abuse chemicals or who do not have a chemical dependency, a mental illness, mental retardation or a related condition, a functional impairment, or a physical handicap;

(4) sheltered workshops or work activity programs that are certified by the commissioner of economic security;

(6) nonresidential programs primarily for children that provide care or supervision, without charge for ten or fewer days a year, and for periods of less than three hours a day while the child's parent or legal guardian is in the same building as the nonresidential program or present within another building that is directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as specified under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that provide services for five or more persons whose primary diagnosis is mental illness who have refused an appropriate residential program offered by a county agency. This exclusion expires on July 1, 1990;

(9) homes providing programs for persons placed there by a licensed agency for legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that operate for fewer than 40 calendar days in a calendar year or programs operated by a park and recreation board of a city of the first class whose primary purpose is to provide social and recreational activities to school age children, provided the program is approved by the park and recreation board;

(12) programs operated by a school as defined in section 120.101, subdivision 4, whose primary purpose is to provide child care to school-age children, provided the program is approved by the district's school board;

(13) Head Start nonresidential programs which operate for less than 31 days in each calendar year;

(14) noncertified boarding care homes unless they provide services for five or more persons whose primary diagnosis is mental illness or mental retardation;

(15) nonresidential programs for nonhandicapped children provided for a cumulative total of less than 30 days in any 12-month period;

(16) residential programs for persons with mental illness, that are located in hospitals, until the commissioner adopts appropriate rules;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the congregate care of children by a church, congregation, or religious society during the period used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 4630;

(19) mental health outpatient services for adults with mental illness or children with emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural or educational exchange, until the commissioner adopts appropriate rules;

(21) unrelated individuals who provide out-of-home respite care services to persons with mental retardation or related conditions from a single related family for no more than 90 days in a 12-month period and the respite care services are for the temporary relief of the person's family or legal representative;

(22) respite care services provided as a home and community-based service to a person with mental retardation or a related condition, in the person's primary residence;

(24) the placement of a child by a birth parent or legal guardian in a preadoptive home for purposes of adoption as authorized by section 259.47; or

(25) settings registered under chapter 144D which provide home care services licensed by the commissioner of health to fewer than seven adults.

For purposes of clause (6), a building is directly contiguous to a building in which a nonresidential program is located if it shares a common wall with the building in which the nonresidential program is located or is attached to that building by skyway, tunnel, atrium, or common roof.

Sec. 4. Minnesota Statutes 1997 Supplement, section 245A.04, subdivision 3b, is amended to read:

Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) The individual who is the subject of the disqualification may request a reconsideration of the disqualification.

The individual must submit the request for reconsideration to the commissioner in writing. A request for reconsideration for an individual who has been sent a notice of disqualification under subdivision 3a, paragraph (b), clause (1) or (2), must be submitted within 30 calendar days of the disqualified individual's receipt of the notice of disqualification. A request for reconsideration for an individual who has been sent a notice of disqualification under subdivision 3a, paragraph (b), clause (3), must be submitted within 15 calendar days of the disqualified individual's receipt of the notice of disqualification. Removal of a disqualified individual from direct contact shall be ordered if the individual does not request reconsideration within the prescribed time, and for an individual who submits a timely request for reconsideration, if the disqualification is not set aside. The individual must present information showing that:

(1) the information the commissioner relied upon is incorrect or inaccurate. If the basis of a reconsideration request is that a maltreatment determination or disposition under section 626.556 or 626.557 is incorrect, and the commissioner has issued a final order in an appeal of that determination or disposition under section 256.045, the commissioner's order is conclusive on the issue of maltreatment; or

(2) the subject of the study does not pose a risk of harm to any person served by the applicant or license holder.

(b) The commissioner may set aside the disqualification under this section if the commissioner finds that the information the commissioner relied upon is incorrect or the individual does not pose a risk of harm to any person served by the applicant or license holder. In determining that an individual does not pose a risk of harm, the commissioner shall consider the consequences of the event or events that lead to disqualification, whether there is more than one disqualifying event, the vulnerability of the victim at the time of the event, the time elapsed without a repeat of the same or similar event, documentation of successful completion by the individual studied of training or rehabilitation pertinent to the event, and any other information relevant to reconsideration. In reviewing a disqualification under this section, the commissioner shall give preeminent weight to the safety of each person to be served by the license holder or applicant over the interests of the license holder or applicant.

(c) Unless the information the commissioner relied on in disqualifying an individual is incorrect, the commissioner may not set aside the disqualification of an individual in connection with a license to provide family day care for children, foster care for children in the provider's own home, or foster care or day care services for adults in the provider's own home if:

(controlled substance crime in the fourth degree), 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable adult), 609.228 (great bodily harm caused by distribution of drugs), 609.23 (mistreatment of persons confined), 609.231 (mistreatment of residents or patients), 609.2325 (criminal abuse of a vulnerable adult), 609.233 (criminal neglect of a vulnerable adult), 609.2335 (financial exploitation of a vulnerable adult), 609.234 (failure to report), 609.265 (abduction), 609.2664 to 609.2665 (manslaughter of an unborn child in the first or second degree), 609.267 to 609.2672 (assault of an unborn child in the first, second, or third degree), 609.268 (injury or death of an unborn child in the commission of a crime), 617.293 (disseminating or displaying harmful material to minors), 609.378 (neglect or endangerment of a child), a gross misdemeanor offense under 609.377 (malicious punishment of a child), 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); or an attempt or conspiracy to commit any of these offenses, as each of these offenses is defined in Minnesota Statutes; or an offense in any other state, the elements of which are substantially similar to the elements of any of the foregoing offenses;

(2) regardless of how much time has passed since the discharge of the sentence imposed for the offense, the individual was convicted of a violation of any offense listed in sections 609.185 to 609.195 (murder in the first, second, or third degree), 609.2661 to 609.2663 (murder of an unborn child in the first, second, or third degree), a felony offense under 609.377 (malicious punishment of a child), 609.322 (solicitation, inducement, and promotion of prostitution), 609.323 (receiving profit derived from prostitution), 609.342 to 609.345 (criminal sexual conduct in the first, second, third, or fourth degree), 609.352 (solicitation of children to engage in sexual conduct), 617.246 (use of minors in a sexual performance), 617.247 (possession of pictorial representations of a minor), 609.365 (incest), a felony offense under 609.2242 and 609.2243 (domestic assault), a felony offense of spousal abuse, a felony offense of child abuse or neglect, a felony offense of a crime against children, or an attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes, or an offense in any other state, the elements of which are substantially similar to any of the foregoing offenses;

(3) within the seven years preceding the study, the individual committed an act that constitutes maltreatment of a child under section 626.556, subdivision 10e, and that resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence; or

(4) within the seven years preceding the study, the individual was determined under section 626.557 to be the perpetrator of a substantiated incident of maltreatment of a vulnerable adult that resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence.

In the case of any ground for disqualification under clauses (1) to (4), if the act was committed by an individual other than the applicant or license holder residing in the applicant's or license holder's home, the applicant or license holder may seek reconsideration when the individual who committed the act no longer resides in the home.

The disqualification periods provided under clauses (1), (3), and (4) are the minimum applicable disqualification periods. The commissioner may determine that an individual should continue to be disqualified from licensure because the license holder or applicant poses a risk of harm to a person served by that individual after the minimum disqualification period has passed.

(d) The commissioner shall respond in writing or by electronic transmission to all reconsideration requests for which the basis for the request is that the information relied upon by the commissioner to disqualify is incorrect or inaccurate within 30 working days of receipt of a request and all relevant information. If the basis for the request is that the individual does not pose a risk of harm, the commissioner shall respond to the request within 15 working days after receiving the request for reconsideration and all relevant information. If the disqualification is set aside, the commissioner shall notify the applicant or license holder in writing or by electronic transmission of the decision.

Sec. 5. Minnesota Statutes 1997 Supplement, section 245A.04, subdivision 3d, is amended to read:

Subd. 3d. [DISQUALIFICATION.] When a background study completed under subdivision 3 shows any of the following: a conviction of one or more crimes listed in clauses (1) to (4); the individual has admitted to or a preponderance of the evidence indicates the individual has committed an act or acts that meet the definition of any of the crimes listed in clauses (1) to (4); or an administrative determination listed under clause (4), the individual shall be disqualified from any position allowing direct contact with persons receiving services from the license holder:

(1) regardless of how much time has passed since the discharge of the sentence imposed for the offense, and unless otherwise specified, regardless of the level of the conviction, the individual was convicted of any of the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.322 (solicitation, inducement, and promotion of prostitution); 609.323 (receiving profit derived from prostitution); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest); felony offense under 609.377 (malicious punishment of a child); 617.246 (use of minors in sexual performance prohibited); 617.247 (possession of pictorial representations of minors); a felony offense under 609.2242 and 609.2243 (domestic assault), a felony offense of spousal abuse, a felony offense of child abuse or neglect, a felony offense of a crime against children; or attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes, or an offense in any other state or country, where the elements are substantially similar to any of the offenses listed in this clause;

(2) if less than 15 years have passed since the discharge of the sentence imposed for the offense; and the individual has received a felony conviction for a violation of any of these offenses: sections 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.221 to 609.2231 (assault in the first, second, third, or fourth degree); repeat offenses under 609.224 (assault in the fifth degree); 609.2242 and 609.2243 (domestic assault; sentencing; repeat domestic assault); repeat offenses under 609.3451 (criminal sexual conduct in the fifth degree); 609.713 (terroristic threats); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.563 (arson in the third degree); repeat offenses under 617.23 (indecent exposure; penalties); repeat offenses under 617.241 (obscene materials and performances; distribution and exhibition prohibited; penalty); 609.71 (riot); 609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns); 609.749 (harassment; stalking; penalties); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal abuse of a vulnerable adult); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the commission of a crime); 609.378 (neglect or endangerment of a child); 609.324, subdivision 1 (other prohibited acts); 609.52 (theft); 609.2335 (financial exploitation of a vulnerable adult); 609.521 (possession of shoplifting gear); 609.582 (burglary); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged check); 609.635 (obtaining signature by false pretense); 609.27 (coercion); 609.275 (attempt to coerce); 609.687 (adulteration); 260.221 (grounds for termination of parental rights); and chapter 152 (drugs; controlled substance). An attempt or conspiracy to commit any of these offenses, as each of these offenses is defined in Minnesota Statutes; or an offense in any other state or country, the elements of which are substantially similar to the elements of the offenses in this clause. If the individual studied is convicted of one of the felonies listed in this clause, but the sentence is a gross misdemeanor or misdemeanor disposition, the look-back period for the conviction is the period applicable to the disposition, that is the period for gross misdemeanors or misdemeanors;

(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); 609.265 (abduction); 609.378 (neglect or endangerment of a child); 609.377 (malicious punishment of a child); 609.324, subdivision 1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 609.52 (theft); 609.582 (burglary); 609.631 (check forgery; offering a forged check); 609.275 (attempt to coerce); or an attempt or conspiracy to commit any of these offenses, as each of these offenses is defined in Minnesota Statutes; or an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in this clause. If the defendant is convicted of one of the gross misdemeanors listed in this clause, but the sentence is a misdemeanor disposition, the look-back period for the conviction is the period applicable to misdemeanors;

(4) if less than seven years have passed since the discharge of the sentence imposed for the offense; and the individual has received a misdemeanor conviction for a violation of any of the following offenses: sections 609.224 (assault in the fifth degree); 609.2242 (domestic assault); violation of an order for protection under 518B.01 (Domestic Abuse Act); violation of an order for protection under 609.3232 (protective order authorized; procedures; penalties); 609.746 (interference with privacy); 609.79 (obscene or harassing phone calls); 609.795 (letter, telegram, or package; opening; harassment); 617.23 (indecent exposure; penalties); 609.2672 (assault of an unborn child in the third degree); 617.293 (harmful materials; dissemination and display to minors prohibited); 609.66 (dangerous weapons); 609.665 (spring guns); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.52 (theft); 609.27 (coercion); or an attempt or conspiracy to commit any of these offenses, as each of these offenses is defined in Minnesota Statutes; or an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in this clause; failure to make required reports under section 626.556, subdivision 3, or 626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or substantiated serious or recurring maltreatment of a minor under section 626.556 or of a vulnerable adult under section 626.557 for which there is a preponderance of evidence that the maltreatment occurred, and that the subject was responsible for the maltreatment. For the purposes of this section, serious maltreatment means sexual abuse; maltreatment resulting in death; or maltreatment resulting in serious injury or harm which reasonably requires the care of a physician whether or not the care of a physician was sought, including:; or abuse resulting in serious injury. For purposes of this section, the following are deemed to be serious injuries: bruises, bites, skin laceration or tissue damage; fractures; dislocations; evidence of internal injuries; head injuries with loss of consciousness; extensive second-degree or third-degree burns and other burns for which complications are present; extensive second-degree or third-degree frostbite, and others for which complications are present; irreversible mobility or avulsion of teeth; injuries to the eyeball; ingestion of foreign substances and objects that are harmful; near drowning; and heat exhaustion or sunstroke. For the purposes of this section, recurring maltreatment means more than one incident of maltreatment for which there is a preponderance of evidence that the maltreatment occurred, and that the subject was responsible for the maltreatment.

Sec. 6. Minnesota Statutes 1996, section 256.01, subdivision 12, is amended to read:

Subd. 12. [CHILD MORTALITY REVIEW PANEL.] (a) The commissioner shall establish a child mortality review panel for reviewing to review deaths of children in Minnesota, including deaths attributed to maltreatment or in which maltreatment may be a contributing cause and to review near fatalities as defined in section 626.556, subdivision 11d. The commissioners of health, children, families, and learning, and public safety and the attorney general shall each designate a representative to the child mortality review panel. Other panel members shall be appointed by the commissioner, including a board-certified pathologist and a physician who is a coroner or a medical examiner. The purpose of the panel shall be to make recommendations to the state and to county agencies for improving the child protection system, including modifications in statute, rule, policy, and procedure.

(b) The commissioner may require a county agency to establish a local child mortality review panel. The commissioner may establish procedures for conducting local reviews and may require that all professionals with knowledge of a child mortality case participate in the local review. In this section, "professional" means a person licensed to perform or a person performing a specific service in the child protective service system. "Professional" includes law enforcement personnel, social service agency attorneys, educators, and social service, health care, and mental health care providers.

care of the child. The commissioner shall also have access to records of private hospitals as necessary to carry out the duties prescribed by this section. Access to data under this paragraph is limited to police investigative data; autopsy records and coroner or medical examiner investigative data; hospital, public health, or other medical records of the child; hospital and other medical records of the child's parent that relate to prenatal care; and records created by social service agencies that provided services to the child or family within three years preceding the child's death. A state agency, statewide system, or political subdivision shall provide the data upon request of the commissioner. Not public data may be shared with members of the state or local child mortality review panel in connection with an individual case.

(d) Notwithstanding the data's classification in the possession of any other agency, data acquired by a local or state child mortality review panel in the exercise of its duties is protected nonpublic or confidential data as defined in section 13.02, but may be disclosed as necessary to carry out the purposes of the review panel. The data is not subject to subpoena or discovery. The commissioner may disclose conclusions of the review panel, but shall not disclose data that was classified as confidential or private data on decedents, under section 13.10, or private, confidential, or protected nonpublic data in the disseminating agency, except that the commissioner may disclose local social service agency data as provided in section 626.556, subdivision 11d, on individual cases involving a fatality or near fatality of a person served by the local social service agency prior to the date of death.

(e) A person attending a child mortality review panel meeting shall not disclose what transpired at the meeting, except to carry out the purposes of the mortality review panel. The proceedings and records of the mortality review panel are protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state or a county agency, arising out of the matters the panel is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were presented during proceedings of the review panel. A person who presented information before the review panel or who is a member of the panel shall not be prevented from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding a person shall not be questioned about the person's presentation of information to the review panel or opinions formed by the person as a result of the review meetings.

Sec. 7. Minnesota Statutes 1996, section 256.01, is amended by adding a subdivision to read:

Subd. 15. [CITIZEN REVIEW PANELS.] (a) The commissioner shall establish a minimum of three citizen review panels to examine the policies and procedures of state and local welfare agencies to evaluate the extent to which the agencies are effectively discharging their child protection responsibilities. Local social service agencies shall cooperate and work with the citizen review panels. Where appropriate, the panels may examine specific cases to evaluate the effectiveness of child protection. The panels must examine the extent to which the state and local agencies are meeting the requirements of the federal Child Abuse Prevention and Treatment Act and the Reporting of Maltreatment of Minors Act. Local mortality review panels or child protection teams may carry out the duties of a citizen review panel if membership meets or is expanded to meet the requirements of this section.

(b) The panel membership must include volunteers who broadly represent the community in which the panel is established, including members who have expertise in the prevention and treatment of child abuse and neglect.

(c) Access to data for specific case review under this paragraph is limited to: police investigative data; autopsy records and coroner or medical examiner investigative data; hospital, public health, or other medical records of the child; hospital and other medical records of the child's parent that relate to prenatal care; and records created by social service agencies that provided services to the child or family. A state agency, statewide system, or political subdivision shall provide the data upon request of the commissioner. Not public data may be shared with members of the state or local citizen review panel in connection with an individual case.

(e) A person attending a citizen review panel meeting shall not disclose what transpired at the meeting, except to carry out the purposes of the review panel. The proceedings and records of the review panel are protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state, or a county agency arising out of the matters the panel is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were presented during proceedings of the review panel. A person who presented information before the review panel or who is a member of the panel is not prevented from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a person must not be questioned about the person's presentation of information to the review panel or opinions formed by the person as a result of the review meetings.

Sec. 8. Minnesota Statutes 1996, section 257.42, is amended to read:

257.42 [APPROPRIATE PUBLIC AUTHORITY DEFINED.]

The "appropriate public authorities" as used in article 3 of the interstate compact on the placement of children shall, with reference to this state, mean the Minnesota department commissioner of human services and said department. The commissioner of human services or or the commissioner's delegate shall receive and act with reference to notices required by said article 3.

Sec. 9. Minnesota Statutes 1996, section 257.43, is amended to read:

257.43 [APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.]

As used in paragraph (a) of article 5 of the interstate compact on the placement of children, the phrase "appropriate authority in the receiving state" with reference to this state shall mean the commissioner of human services or the commissioner's delegate.

Sec. 10. Minnesota Statutes 1997 Supplement, section 257.85, subdivision 5, is amended to read:

Subd. 5. [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A relative custody assistance agreement will not be effective, unless it is signed by the local agency and the relative custodian no later than 30 days after the date of the order establishing permanent legal and physical custody with the relative, except that a local agency may enter into a relative custody assistance agreement with a relative custodian more than 30 days after the date of the order if it certifies that the delay in entering the agreement was through no fault of the relative custodian. There must be a separate agreement for each child for whom the relative custodian is receiving relative custody assistance.

(b) Regardless of when the relative custody assistance agreement is signed by the local agency and relative custodian, the effective date of the agreement shall be the first day of the month following the date of the order establishing permanent legal and physical custody or the date that the last party signs the agreement, whichever occurs later.

(c) If MFIP-S is not the applicable program for a child at the time that a relative custody assistance agreement is entered on behalf of the child, when MFIP-S becomes the applicable program, if the relative custodian had been receiving custody assistance payments calculated based upon a different program, the amount of relative custody assistance payment under subdivision 7 shall be recalculated under the MFIP-S program.

(d) The relative custody assistance agreement shall be in a form specified by the commissioner and shall include provisions relating to the following:

(1) the responsibilities of all parties to the agreement;

(2) the payment terms, including the financial circumstances of the relative custodian, the needs of the child, the amount and calculation of the relative custody assistance payments, and that the amount of the payments shall be reevaluated annually;

(4) that failure to submit the affidavit as required by subdivision 8 will be grounds for terminating the agreement;

(5) the agreement's expected duration, which shall not extend beyond the child's eighteenth birthday;

(6) any specific known circumstances that could cause the agreement or payments to be modified, reduced, or terminated and the relative custodian's appeal rights under subdivision 9;

(7) that the relative custodian must notify the local agency within 30 days of any of the following:

(i) a change in the child's status;

(ii) a change in the relationship between the relative custodian and the child;

(iii) a change in composition or level of income of the relative custodian's family;

(iv) a change in eligibility or receipt of benefits under AFDC, MFIP-S, or other assistance program; and

(v) any other change that could affect eligibility for or amount of relative custody assistance;

(8) that failure to provide notice of a change as required by clause (7) will be grounds for terminating the agreement;

(9) that the amount of relative custody assistance is subject to the availability of state funds to reimburse the local agency making the payments;

(10) that the relative custodian may choose to temporarily stop receiving payments under the agreement at any time by providing 30 days' notice to the local agency and may choose to begin receiving payments again by providing the same notice but any payments the relative custodian chooses not to receive are forfeit; and

(11) that the local agency will continue to be responsible for making relative custody assistance payments under the agreement regardless of the relative custodian's place of residence.

Sec. 11. Minnesota Statutes 1997 Supplement, section 259.22, subdivision 4, is amended to read:

Subd. 4. [TIME FOR FILING PETITION.] A petition shall be filed not later than 24 six months after a child is placed in a prospective adoptive home. If a petition is not filed by that time, the agency that placed the child, or, in a direct adoptive placement, the agency that is supervising the placement shall file with the district court in the county where the prospective adoptive parent resides a motion for an order and a report recommending one of the following:

(1) that the time for filing a petition be extended because of the child's special needs as defined under title IV-E of the Social Security Act, United States Code, title 42, section 673;

(2) that, based on a written plan for completing filing of the petition, including a specific timeline, to which the prospective adoptive parents have agreed, the time for filing a petition be extended long enough to complete the plan because such an extension is in the best interests of the child and additional time is needed for the child to adjust to the adoptive home; or

(3) that the child be removed from the prospective adoptive home.

The prospective adoptive parent must reimburse an agency for the cost of preparing and filing the motion and report under this section, unless the costs are reimbursed by the commissioner under section 259.67 or 259.73.

Sec. 12. Minnesota Statutes 1996, section 259.24, subdivision 1, is amended to read:

Subdivision 1. [EXCEPTIONS.] No child shall be adopted without the consent of the child's parents and the child's guardian, if there be one, except in the following instances:

(b) Consent shall not be required of a parent who has abandoned the child, or of a parent who has lost custody of the child through a divorce decree or a decree of dissolution, and upon whom notice has been served as required by section 259.49.

(c) Consent shall not be required of a parent whose parental rights to the child have been terminated by a juvenile court or who has lost custody of a child through a final commitment of the juvenile court or through a decree in a prior adoption proceeding.

(d) If there be no parent or guardian qualified to consent to the adoption, the consent may be given by the commissioner.

(e) The commissioner or agency having authority to place a child for adoption pursuant to section 259.25, subdivision 1, shall have the exclusive right to consent to the adoption of such child. Notwithstanding any rule to the contrary, the commissioner may delegate the right to consent to the adoption or separation of siblings, if it is in the child's best interest, to a local social services agency.

Sec. 13. Minnesota Statutes 1996, section 259.37, subdivision 2, is amended to read:

Subd. 2. [DISCLOSURE TO BIRTH PARENTS AND ADOPTIVE PARENTS.] An agency shall provide a disclosure statement written in clear, plain language to be signed by the prospective adoptive parents and birth parents, except that in intercountry adoptions, the signatures of birth parents are not required. The disclosure statement must contain the following information:

(1) fees charged to the adoptive parent, including any policy on sliding scale fees or fee waivers and an itemization of the amount that will be charged for the adoption study, counseling, postplacement services, family of origin searches, birth parent expenses authorized under section 259.55, or any other services;

(2) timeline for the adoptive parent to make fee payments;

(3) likelihood, given the circumstances of the prospective adoptive parent and any specific program to which the prospective adoptive parent is applying, that an adoptive placement may be made and the estimated length of time for making an adoptive placement. These estimates must be based on adoptive placements made with prospective parents in similar circumstances applying to a similar program with the agency during the immediately preceding three to five years. If an agency has not been in operation for at least three years, it must provide summary data based on whatever adoptive placements it has made and may include a statement about the kind of efforts it will make to achieve an adoptive placement, including a timetable it will follow in seeking a child. The estimates must include a statement that the agency cannot guarantee placement of a child or a time by which a child will be placed;

(4) a statement of the services the agency will provide the birth and adoptive parents;

(5) a statement prepared by the commissioner under section 259.39 that explains the child placement and adoption process and the respective legal rights and responsibilities of the birth parent and prospective adoptive parent during the process including a statement that the prospective adoptive parent is responsible for filing an adoption petition not later than 24 six months after the child is placed in the prospective adoptive home;

(6) a statement regarding any information the agency may have about attorney referral services, or about obtaining assistance with completing legal requirements for an adoption; and

(7) an acknowledgment to be signed by the birth parent and prospective adoptive parent that they have received, read, and had the opportunity to ask questions of the agency about the contents of the disclosure statement.

Sec. 14. Minnesota Statutes 1997 Supplement, section 259.47, subdivision 3, is amended to read:

adoption become irrevocable. At the time of placement, prospective adoptive parents must have for the child qualifying existing coverage as defined in section 62L.02, subdivision 24, or other similar comprehensive health care coverage. The preadoptive custody order must include any agreement reached between the prospective adoptive parent and the birth parent regarding authority to make decisions for medical care of the child and responsibility for payment not provided by the adoptive parent's existing health care coverage. The prospective adoptive parent must meet the residence requirements of section 259.22, subdivision 1, and must file with the court an affidavit of intent to remain a resident of the state for at least three months after the child is placed in the prospective adoptive home. The prospective adoptive parent shall file with the court a notice of intent to file an adoption petition and submit a written motion seeking an order granting temporary preadoptive custody. The notice and motion required under this subdivision may be considered by the court ex parte, without a hearing. The prospective adoptive parent shall serve a copy of the notice and motion upon any parent whose consent is required under section 259.24 or who is named in the affidavit required under paragraph (b) if that person's mailing address is known. The motion may be filed up to 60 days before the placement is to be made and must include:

(1) the adoption study required under section 259.41;

(2) affidavits from the birth parents indicating their support of the motion, or, if there is no affidavit from the birth father, an affidavit from the birth mother under paragraph (b);

(3) an itemized statement of expenses that have been paid and an estimate of expenses that will be paid by the prospective adoptive parents to the birth parents, any agency, attorney, or other party in connection with the prospective adoption;

(4) the name of counsel for each party, if any;

(5) a statement that the birth parents:

(i) have provided the social and medical history required under section 259.43 to the prospective adoptive parent;

(ii) have received the written statement of their legal rights and responsibilities under section 259.39; and

(iii) have been notified of their right to receive counseling under subdivision 4; and

(6) the name of the agency chosen by the adoptive parent to supervise the adoptive placement and complete the postplacement assessment required by section 259.53, subdivision 2.

The court shall review the expense statement submitted under this subdivision to determine whether payments made or to be made by the prospective adoptive parent are lawful and in accordance with section 259.55, subdivision 1.

(b) If the birth mother submits the affidavit required in paragraph (a), clause (2), but the birth father fails to do so, the birth mother must submit an additional affidavit that describes her good faith efforts or efforts made on her behalf to identify and locate the birth father for purposes of securing his consent. In the following circumstances the birth mother may instead submit an affidavit stating on which ground she is exempt from making efforts to identify and locate the father:

(1) the child was conceived as the result of incest or rape;

(2) efforts to locate the father by the affiant or anyone acting on the affiant's behalf could reasonably result in physical harm to the birth mother or child; or

(3) efforts to locate the father by the affiant or anyone acting on the affiant's behalf could reasonably result in severe emotional distress of the birth mother or child.

Sec. 15. Minnesota Statutes 1997 Supplement, section 259.60, subdivision 2, is amended to read:

Subd. 2. [AMENDED BIRTH CERTIFICATE; PROCEDURE AND ORDER; DECREE RECOGNIZING ADOPTION.] (a) Under the procedures in paragraph (b), a person, whose adoption of a child under the laws of a foreign country is valid in this state under subdivision 1, may petition the district court in the county where the adoptive parent resides for a decree confirming and recognizing the adoption, changing the child's legal name, if requested in the petition, and for authorizing the commissioner of health to issue a new birth certificate for the child pursuant to section 144.218, subdivision 2.

(b) A court shall issue the decree and birth certificate described in paragraph (a) upon receipt of the following documents:

(1) a petition by the adoptive parent requesting that the court issue a Minnesota birth certificate, and stating that the adoptive parent completed adoption of the child under the laws of a foreign country and that the adoption is valid in this state under subdivision 1 and requesting that the court issue a decree confirming and recognizing the adoption, changing the child's legal name, if desired, and authorizing the commissioner of health to issue a new birth certificate for the child pursuant to section 144.218, subdivision 2. The petition must be in the form of a signed, sworn, and notarized statement;

(2) a copy of the child's original birth certificate, if available;

(3) a copy of the final adoption certificate or equivalent as issued by the foreign jurisdiction;

(4) a copy of the child's passport including the United States visa indicating IR-3 immigration status; and

(5) certified English translations of any of the documents in clauses (2) to (4) that are not written in the English language.

(c) Upon issuing a decree pursuant to this section, the court shall forward to the commissioners of health and human services a copy of the decree. The court shall also complete and forward to the commissioner of health the certificate of adoption, unless another form has been specified by the commissioner of health.

Sec. 16. Minnesota Statutes 1996, section 260.011, subdivision 2, is amended to read:

Subd. 2. (a) The paramount consideration in all proceedings concerning a child alleged or found to be in need of protection or services is the health, safety, and best interests of the child. In proceedings involving an American Indian child, as defined in section 257.351, subdivision 6, the best interests of the child must be determined consistent with sections 257.35 to 257.3579 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923. The purpose of the laws relating to juvenile courts is to secure for each child alleged or adjudicated in need of protection or services and under the jurisdiction of the court, the care and guidance, preferably in the child's own home, as will best serve the spiritual, emotional, mental, and physical welfare of the child; to provide judicial procedures which protect the welfare of the child; to preserve and strengthen the child's family ties whenever possible and in the child's best interests, removing the child from the custody of parents only when the child's welfare or safety cannot be adequately safeguarded without removal; and, when removal from the child's own family is necessary and in the child's best interests, to secure for the child custody, care and discipline as nearly as possible equivalent to that which should have been given by the parents.

(b) The purpose of the laws relating to termination of parental rights is to ensure that:

(1) reasonable efforts have been made by the social service agency to reunite the child with the child's parents in a placement that is safe and permanent; and

(2) if placement with the parents is not reasonably foreseeable, to secure for the child a safe and permanent placement, preferably with adoptive parents.

The paramount consideration in all proceedings for the termination of parental rights is the best interests of the child. In proceedings involving an American Indian child, as defined in section 257.351, subdivision 6, the best interests of the child must be determined consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et seq.

(c) The purpose of the laws relating to children alleged or adjudicated to be delinquent is to promote the public safety and reduce juvenile delinquency by maintaining the integrity of the substantive law prohibiting certain behavior and by developing individual responsibility for lawful behavior. This purpose should be pursued through means that are fair and just, that recognize the unique characteristics and needs of children, and that give children access to opportunities for personal and social growth.

(d) The laws relating to juvenile courts shall be liberally construed to carry out these purposes.

Sec. 17. Minnesota Statutes 1997 Supplement, section 260.012, is amended to read:

260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY REUNIFICATION; REASONABLE EFFORTS.]

(a) If a child in need of protection or services is under the court's jurisdiction, the court shall ensure that reasonable efforts including culturally appropriate services by the social service agency are made to prevent placement or to eliminate the need for removal and to reunite the child with the child's family at the earliest possible time, consistent with the best interests, safety, and protection of the child. The court may, upon motion and hearing, order the cessation of reasonable efforts if the court finds that provision of services or further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances. In determining reasonable efforts to be made with respect to a child and in making such reasonable efforts, the child's health and safety must be of paramount concern. Reasonable efforts are not required if the court determines that the parent has subjected the child to egregious harm as defined in section 260.015, subdivision 29, or the parental rights of the parent to a sibling have been terminated involuntarily. If reasonable efforts are not made under this section, a permanency hearing must be held or a termination of parental rights petition filed within 30 days of the determination. In the case of an Indian child, in proceedings under sections 260.172, 260.191, and 260.221 the juvenile court must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901 et seq., as to the provision of active efforts. If a child is under the court's delinquency jurisdiction, it shall be the duty of the court to ensure that reasonable efforts are made to reunite the child with the child's family at the earliest possible time, consistent with the best interests of the child and the safety of the public.

(b) "Reasonable efforts" means the exercise of due diligence by the responsible social service agency to use appropriate and available services to meet the needs of the child and the child's family in order to prevent removal of the child from the child's family; or upon removal, services to eliminate the need for removal and reunite the family. Services may include those listed under section 256F.07, subdivision 3, and other appropriate services available in the community. The social service agency has the burden of demonstrating that it has made reasonable efforts or that provision of services or further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances. Reunification of a surviving child with a parent is not required if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the surviving child; or

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.

(c) The juvenile court, in proceedings under sections 260.172, 260.191, and 260.221 shall make findings and conclusions as to the provision of reasonable efforts. When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were:

(1) relevant to the safety and protection of the child;

(3) culturally appropriate;

(4) available and accessible;

(5) consistent and timely; and

(6) realistic under the circumstances.

In the alternative, the court may determine that provision of services or further services for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances or that reasonable efforts are not required as provided in paragraph (a).

(d) This section does not prevent out-of-home placement for treatment of a child with a mental disability when the child's diagnostic assessment or individual treatment plan indicates that appropriate and necessary treatment cannot be effectively provided outside of a residential or inpatient treatment program.

(e) If continuation of reasonable efforts described in paragraph (b) is determined to be inconsistent with the permanency plan for the child, reasonable efforts must be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanency plan for the child.

(f) Reasonable efforts to place a child for adoption or in another permanent placement may be made concurrently with reasonable efforts as described in paragraphs (a) and (b). Effective July 1, 1999, concurrent permanency planning must be done along with reasonable efforts described in subdivision 1, as provided in article 3, section 1.

Sec. 18. Minnesota Statutes 1997 Supplement, section 260.015, subdivision 29, is amended to read:

Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the infliction of bodily harm to a child or neglect of a child which demonstrates a grossly inadequate ability to provide minimally adequate parental care. The egregious harm need not have occurred in the state or in the county where a termination of parental rights action is otherwise properly venued. Egregious harm includes, but is not limited to:

(1) conduct towards a child that constitutes a violation of sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or any other similar law of any other state;

(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02, subdivision 8;

(3) conduct towards a child that constitutes felony malicious punishment of a child under section 609.377;

(4) conduct towards a child that constitutes felony unreasonable restraint of a child under section 609.255, subdivision 3;

(5) conduct towards a child that constitutes felony neglect or endangerment of a child under section 609.378;

(6) conduct towards a child that constitutes assault under section 609.221, 609.222, or 609.223;

(7) conduct towards a child that constitutes solicitation, inducement, or promotion of prostitution under section 609.322;

(8) conduct towards a child that constitutes receiving profit derived from prostitution under section 609.323; or

(9) conduct toward a child that constitutes a violation of murder or voluntary manslaughter as defined by United States Code, title 18, section 1111(a) or 1112(a); or

Sec. 19. Minnesota Statutes 1996, section 260.141, is amended by adding a subdivision to read:

Subd. 4. [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS AND RELATIVES.] The foster parents, if any, of a child and any preadoptive parent or relative providing care for the child must be provided notice of and an opportunity to be heard in any review or hearing to be held with respect to the child. Any other relative may also request, and shall be granted, a notice and the opportunity to be heard under this section. This section must not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to a review or hearing solely on the basis of the notice and opportunity to be heard.

Sec. 20. Minnesota Statutes 1996, section 260.172, subdivision 1, is amended to read:

Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If a child was taken into custody under section 260.165, subdivision 1, clause (a) or (c)(2), the court shall hold a hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, to determine whether the child should continue in custody.

(b) In all other cases, the court shall hold a detention hearing:

(1) within 36 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, if the child is being held at a juvenile secure detention facility or shelter care facility; or

(2) within 24 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, if the child is being held at an adult jail or municipal lockup.

(c) Unless there is reason to believe that the child would endanger self or others, not return for a court hearing, run away from the child's parent, guardian, or custodian or otherwise not remain in the care or control of the person to whose lawful custody the child is released, or that the child's health or welfare would be immediately endangered, the child shall be released to the custody of a parent, guardian, custodian, or other suitable person, subject to reasonable conditions of release including, but not limited to, a requirement that the child undergo a chemical use assessment as provided in section 260.151, subdivision 1. In determining whether the child's health or welfare would be immediately endangered, the court shall consider whether the child would reside with a perpetrator of domestic child abuse. In a proceeding regarding a child in need of protection or services, the court, before determining whether a child should continue in custody, shall also make a determination, consistent with section 260.012 as to whether reasonable efforts, or in the case of an Indian child, active efforts, according to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), were made to prevent placement or to reunite the child with the child's family, or that reasonable efforts were not possible. The court shall also determine whether there are available services that would prevent the need for further detention.

If the court finds the social services agency's preventive or reunification efforts have not been reasonable but further preventive or reunification efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child.

The court may determine at the detention hearing, or at any time prior to an adjudicatory hearing, that reasonable efforts are not required because the facts, if proved, will demonstrate that the parent has subjected the child to egregious harm as defined in section 260.015, subdivision 29, or the parental rights of the parent to a sibling of the child have been terminated involuntarily.

Sec. 21. Minnesota Statutes 1997 Supplement, section 260.191, subdivision 1, is amended to read:

Subdivision 1. [DISPOSITIONS.] (a) If the court finds that the child is in need of protection or services or neglected and in foster care, it shall enter an order making any of the following dispositions of the case:

(1) place the child under the protective supervision of the local social services agency or child-placing agency in the child's own home under conditions prescribed by the court directed to the correction of the child's need for protection or services;

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

In placing a child whose custody has been transferred under this paragraph, the agencies shall follow the order of preference stated in section 260.181, subdivision 3;

(3) if the child is in need of special treatment and care for reasons of physical or mental health, the court may order the child's parent, guardian, or custodian to provide it. If the parent, guardian, or custodian fails or is unable to provide this treatment or care, the court may order it provided. The court shall not transfer legal custody of the child for the purpose of obtaining special treatment or care solely because the parent is unable to provide the treatment or care. If the court's order for mental health treatment is based on a diagnosis made by a treatment professional, the court may order that the diagnosing professional not provide the treatment to the child if it finds that such an order is in the child's best interests; or

(4) if the court believes that the child has sufficient maturity and judgment and that it is in the best interests of the child, the court may order a child 16 years old or older to be allowed to live independently, either alone or with others as approved by the court under supervision the court considers appropriate, if the county board, after consultation with the court, has specifically authorized this dispositional alternative for a child.

(b) If the child was adjudicated in need of protection or services because the child is a runaway or habitual truant, the court may order any of the following dispositions in addition to or as alternatives to the dispositions authorized under paragraph (a):

(1) counsel the child or the child's parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person in the child's own home under conditions prescribed by the court, including reasonable rules for the child's conduct and the conduct of the parents, guardian, or custodian, designed for the physical, mental, and moral well-being and behavior of the child; or with the consent of the commissioner of corrections, place the child in a group foster care facility which is under the commissioner's management and supervision;

(3) subject to the court's supervision, transfer legal custody of the child to one of the following:

(i) a reputable person of good moral character. No person may receive custody of two or more unrelated children unless licensed to operate a residential program under sections 245A.01 to 245A.16; or

(ii) a county probation officer for placement in a group foster home established under the direction of the juvenile court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The court shall order payment of the fine in a manner that will not impose undue financial hardship upon the child;

(5) require the child to participate in a community service project;

(6) order the child to undergo a chemical dependency evaluation and, if warranted by the evaluation, order participation by the child in a drug awareness program or an inpatient or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests of the child and of public safety that the child's driver's license or instruction permit be canceled, the court may order the commissioner of public safety to cancel the child's license or permit for any period up to the child's 18th birthday. If the child does not have a driver's license or permit, the court may order a denial of driving privileges for any period up to the child's 18th birthday. The court shall forward an order issued under this clause to the commissioner, who shall cancel the license or permit or deny driving privileges without a hearing for the period specified by the court. At any time before the expiration of the period of cancellation or denial, the court may, for good cause, order the commissioner of public safety to allow the child to apply for a license or permit, and the commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver the child to school at the beginning of each school day for a period of time specified by the court; or

To the extent practicable, the court shall enter a disposition order the same day it makes a finding that a child is in need of protection or services or neglected and in foster care, but in no event more than 45 days after the finding unless the court finds that the best interests of the child will be served by granting a delay. If the child was under eight years of age at the time the petition was filed, the disposition order must be entered within 30 days of the finding and the court may not grant a delay unless good cause is shown and the court finds the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is adjudicated in need of protection or services because the child is a habitual truant and truancy procedures involving the child were previously dealt with by a school attendance review board or county attorney mediation program under section 260A.06 or 260A.07, the court shall order a cancellation or denial of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th birthday.

(d) In the case of a child adjudicated in need of protection or services because the child has committed domestic abuse and been ordered excluded from the child's parent's home, the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing to provide an alternative safe living arrangement for the child, as defined in Laws 1997, chapter 239, article 10, section 2.

Sec. 22. Minnesota Statutes 1997 Supplement, section 260.191, subdivision 1a, is amended to read:

Subd. 1a. [WRITTEN FINDINGS.] Any order for a disposition authorized under this section shall contain written findings of fact to support the disposition ordered, and shall also set forth in writing the following information:

(a) Why the best interests of the child are served by the disposition ordered;

(b) What alternative dispositions were considered by the court and why such dispositions were not appropriate in the instant case;

(c) How the court's disposition complies with the requirements of section 260.181, subdivision 3; and

(d) Whether reasonable efforts consistent with section 260.012 were made to prevent or eliminate the necessity of the child's removal and to reunify the family after removal. The court's findings must include a brief description of what preventive and reunification efforts were made and why further efforts could not have prevented or eliminated the necessity of removal or that reasonable efforts were not required under section 260.012 or 260.172, subdivision 1.

If the court finds that the social services agency's preventive or reunification efforts have not been reasonable but that further preventive or reunification efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child.

Sec. 23. Minnesota Statutes 1996, section 260.191, subdivision 1e, is amended to read:

Subd. 1e. [CASE PLAN.] For each disposition ordered, the court shall order the appropriate agency to prepare a written case plan developed after consultation with any foster parents, and consultation with and participation by the child and the child's parent, guardian, or custodian, guardian ad litem, and tribal representative if the tribe has intervened. The case plan shall comply with the requirements of section 257.071, where applicable. The case plan shall, among other matters, specify the actions to be taken by the child and the child's parent, guardian, foster parent, or custodian to ensure the child's safety and to comply with the court's disposition order, and the services to be offered and provided by the agency to the child and the child's parent, guardian, or custodian. The court shall review the case plan and, upon approving it, incorporate the plan into its disposition order. The court may review and modify the terms of the case plan in the manner provided in subdivision 2. For each disposition ordered, the written case plan shall specify what reasonable efforts shall be provided to the family. The case plan must include a discussion of:

(1) the availability of appropriate prevention and reunification services for the family to safely prevent the removal of the child from the home or to safely reunify the child with the family after removal;

(3) the need of the child and family for care, treatment, or rehabilitation;

(4) the need for participation by the parent, guardian, or custodian in the plan of care for the child;

(5) the visitation rights and obligations of the parent or other relatives, as defined in section 260.181, subdivision 3, during any period when the child is placed outside the home; and

(6) a description of any services that could safely prevent placement or reunify the family if such services were available.

A party has a right to request a court review of the reasonableness of the case plan upon a showing of a substantial change of circumstances.

Sec. 24. Minnesota Statutes 1997 Supplement, section 260.191, subdivision 3b, is amended to read:

Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing to determine the permanent status of a child not later than 12 months after the child is placed out of the home of the parent, except that if the child was under eight years of age at the time the petition was filed, the hearing must be conducted no later than three months after the order of disposition is entered under subdivision 1.

For purposes of this subdivision, the date of the child's placement out of the home of the parent is the earlier of the first court-ordered placement or the first court-approved placement under section 257.071, subdivision 3, of a child who had been in voluntary placement 60 days after the date on which the child has been voluntarily placed out of the home.

For purposes of this subdivision, 12 months is calculated as follows:

(1) during the pendency of a petition alleging that a child is in need of protection or services, all time periods when a child is placed out of the home of the parent are cumulated;

(2) if a child has been placed out of the home of the parent within the previous five years in connection with one or more prior petitions for a child in need of protection or services, the lengths of all prior time periods when the child was placed out of the home within the previous five years and under the current petition, are cumulated. If a child under this clause has been out of the home for 12 months or more, the court, if it is in the best interests of the child, may extend the total time the child may continue out of the home under the current petition up to an additional six months before making a permanency determination.

(b) Not later than ten days prior to this hearing, the responsible social service agency shall file pleadings to establish the basis for the permanent placement determination. Notice of the hearing and copies of the pleadings must be provided pursuant to section 260.141. If a termination of parental rights petition is filed before the date required for the permanency planning determination, no hearing need be conducted under this subdivision. The court shall determine whether the child is to be returned home or, if not, what permanent placement is consistent with the child's best interests. The "best interests of the child" means all relevant factors to be considered and evaluated.

(c) At a hearing under this subdivision, if the child was under eight years of age at the time the petition was filed, the court shall review the progress of the case and the case plan, including the provision of services. The court may order the local social service agency to show cause why it should not file a termination of parental rights petition. Cause may include, but is not limited to, the following conditions:

(1) the parents or guardians have maintained regular parenting time and contact with the child, and the child would benefit from continuing this relationship; or

(d) If the child is not returned to the home, the dispositions available for permanent placement determination are:

(1) permanent legal and physical custody to a relative in the best interests of the child. In transferring permanent legal and physical custody to a relative, the juvenile court shall follow the standards and procedures applicable under chapter 257 or 518. An order establishing permanent legal or physical custody under this subdivision must be filed with the family court. A transfer of legal and physical custody includes responsibility for the protection, education, care, and control of the child and decision making on behalf of the child. The social service agency may petition on behalf of the proposed custodian;

(2) termination of parental rights and adoption; the social service agency shall file a petition for termination of parental rights under section 260.231 and all the requirements of sections 260.221 to 260.245 remain applicable. An adoption completed subsequent to a determination under this subdivision may include an agreement for communication or contact under section 259.58; or

(3) long-term foster care; transfer of legal custody and adoption are preferred permanency options for a child who cannot return home. The court may order a child into long-term foster care only if it finds that neither an award of legal and physical custody to a relative, nor termination of parental rights nor adoption is in the child's best interests. Further, the court may only order long-term foster care for the child under this section if it finds the following:

(i) the child has reached age 12 and reasonable efforts by the responsible social service agency have failed to locate an adoptive family for the child; or

(ii) the child is a sibling of a child described in clause (i) and the siblings have a significant positive relationship and are ordered into the same long-term foster care home; or

(4) foster care for a specified period of time may be ordered only if:

(i) the sole basis for an adjudication that a child is in need of protection or services is that the child is a runaway, is an habitual truant, or committed a delinquent act before age ten; and

(ii) the court finds that foster care for a specified period of time is in the best interests of the child.

(d) (e) In ordering a permanent placement of a child, the court must be governed by the best interests of the child, including a review of the relationship between the child and relatives and the child and other important persons with whom the child has resided or had significant contact.

(e) (f) Once a permanent placement determination has been made and permanent placement has been established, further court reviews and dispositional hearings are only necessary if the placement is made under paragraph (c) (d), clause (4), review is otherwise required by federal law, an adoption has not yet been finalized, or there is a disruption of the permanent or long-term placement.

(f) (g) An order under this subdivision must include the following detailed findings:

(1) how the child's best interests are served by the order;

(2) the nature and extent of the responsible social service agency's reasonable efforts, or, in the case of an Indian child, active efforts, to reunify the child with the parent or parents;

(3) the parent's or parents' efforts and ability to use services to correct the conditions which led to the out-of-home placement;

(4) whether the conditions which led to the out-of-home placement have been corrected so that the child can return home; and

(g) (h) An order for permanent legal and physical custody of a child may be modified under sections 518.18 and 518.185. The social service agency is a party to the proceeding and must receive notice. An order for long-term foster care is reviewable upon motion and a showing by the parent of a substantial change in the parent's circumstances such that the parent could provide appropriate care for the child and that removal of the child from the child's permanent placement and the return to the parent's care would be in the best interest of the child.

Sec. 25. Minnesota Statutes 1996, section 260.221, as amended by Laws 1997, chapters 218, sections 10 and 11, and 239, article 6, section 30, is amended to read:

260.221 [GROUNDS FOR TERMINATION OF PARENTAL RIGHTS.]

Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile court may upon petition, terminate all rights of a parent to a child:

(a) with the written consent of a parent who for good cause desires to terminate parental rights; or

(b) if it finds that one or more of the following conditions exist:

(1) that the parent has abandoned the child; or

(2) that the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically and financially able, and reasonable efforts by the social service agency have failed to correct the conditions that formed the basis of the petition; or

(3) that a parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child or aid in the child's birth; or

(4) that a parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that:

(i) the child was adjudicated in need of protection or services due to circumstances described in section 260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); and

(ii) the parent's parental rights to one or more other children were involuntarily terminated under clause (1), (2), (4), or (7), or under clause (5) if the child was initially determined to be in need of protection or services due to circumstances described in section 260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); or

(5) that following upon a determination of neglect or dependency, or of a child's need for protection or services, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the determination. It is presumed that reasonable efforts under this clause have failed upon a showing that:

(ii) conditions leading to the determination will not be corrected within the reasonably foreseeable future. It is presumed that conditions leading to a child's out-of-home placement will not be corrected in the reasonably foreseeable future upon a showing that the parent or parents have not substantially complied with the court's orders and a reasonable case plan, and the conditions which led to the out-of-home placement have not been corrected; and

(iii) reasonable efforts have been made by the social service agency to rehabilitate the parent and reunite the family.

This clause does not prohibit the termination of parental rights prior to one year after a child has been placed out of the home.

It is also presumed that reasonable efforts have failed under this clause upon a showing that:

(i) the parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis;

(ii) the parent has been required by a case plan to participate in a chemical dependency treatment program;

(iii) the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate;

(iv) the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and

(v) the parent continues to abuse chemicals.

Provided, that this presumption applies only to parents required by a case plan to participate in a chemical dependency treatment program on or after July 1, 1990; or

(6) that a child has experienced egregious harm in the parent's care which is of a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, such that a reasonable person would believe it contrary to the best interest of the child or of any child to be in the parent's care; or

(7) that in the case of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and the person has not registered with the putative fathers' adoption registry under section 259.52; or

(8) that the child is neglected and in foster care; or

(9) that the parent has been convicted of a crime listed in section 260.012, paragraph (b), clauses (1) to (3).

In an action involving an American Indian child, sections 257.35 to 257.3579 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that the provisions of this section are inconsistent with those laws.

Subd. 1a. [EVIDENCE OF ABANDONMENT.] For purposes of subdivision 1, paragraph (b), clause (1):

(a) Abandonment is presumed when:

(1) the parent has had no contact with the child on a regular basis and not demonstrated consistent interest in the child's well-being for six months; and

(2) the social service agency has made reasonable efforts to facilitate contact, unless the parent establishes that an extreme financial or physical hardship or treatment for mental disability or chemical dependency or other good cause prevented the parent from making contact with the child. This presumption does not apply to children whose custody has been determined under chapter 257 or 518. The court is not prohibited from finding abandonment in the absence of this presumption; or

(b) The following are prima facie evidence of abandonment where adoption proceedings are pending and there has been a showing that the person was not entitled to notice of an adoption proceeding under section 259.49:

(1) failure to register with the putative fathers' adoption registry under section 259.52; or

(2) if the person registered with the putative fathers' adoption registry under section 259.52:

(i) filing a denial of paternity within 30 days of receipt of notice under section 259.52, subdivision 8;

(ii) failing to timely file an intent to claim parental rights with entry of appearance form within 30 days of receipt of notice under section 259.52, subdivision 10; or

(iii) timely filing an intent to claim parental rights with entry of appearance form within 30 days of receipt of notice under section 259.52, subdivision 10, but failing to initiate a paternity action within 30 days of receiving the putative fathers' adoption registry notice where there has been no showing of good cause for the delay.

Subd. 1b. [REQUIRED FILING OF TERMINATION OF PARENTAL RIGHTS.] The county attorney shall file a termination of parental rights petition within 30 days of a child's placement in out-of-home care if the child has been subjected to egregious harm as defined in section 260.015, subdivision 29, is the sibling of another child of the parent who was subjected to egregious harm, or is an abandoned infant. The local social services agency shall concurrently identify, recruit, process, and approve an adoptive family for the child. If such a petition has been filed by another party the local social services agency shall seek to be joined as a party to the petition.

This requirement does not apply if the county attorney determines and files with the court its determination that a transfer of permanent legal and physical custody to a relative is in the best interests of the child or there is a compelling reason documented by the local social services agency that filing such a petition would not be in the best interests of the child.

Subd. 1c. [CURRENT FOSTER CARE CHILDREN.] The county attorney shall file a termination of parental rights petition or other permanent placement proceeding under section 260.191, subdivision 3b, for all children determined to be in need of protection or services who are placed in out-of-home care for reasons other than care or treatment of the child's disability, and who are in out-of-home placement on the day following final enactment of this section, and have been in out of home for care for 15 of the most recent 22 months.

Subd. 2. [ADOPTIVE PARENT.] For purposes of subdivision 1, clause (a), an adoptive parent may not terminate parental rights to an adopted child for a reason that would not apply to a birth parent seeking termination of parental rights to a child under subdivision 1, clause (a).

Subd. 3. [WHEN PRIOR FINDING REQUIRED.] For purposes of subdivision 1, clause (b), no prior judicial finding of dependency, neglect, need for protection or services, or neglected and in foster care is required, except as provided in subdivision 1, clause (b), item (5).

Subd. 4. [BEST INTERESTS OF CHILD PARAMOUNT.] In any proceeding under this section, the best interests of the child must be the paramount consideration, provided that the conditions in subdivision 1, clause (a), or at least one condition in subdivision 1, clause (b), are found by the court. In proceedings involving an American Indian child, as defined in section 257.351, subdivision 6, the best interests of the child must be determined consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et seq. Where the interests of parent and child conflict, the interests of the child are paramount.

Subd. 5. [FINDINGS REGARDING REASONABLE EFFORTS.] In any proceeding under this section, the court shall make specific findings:

(2) that provision of services or further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances; or

(3) that reasonable efforts at reunification is are not required because the parent has been convicted of a crime listed in section 260.012, paragraph (b), clauses (1) to (3) as provided under section 260.012.

Sec. 26. Minnesota Statutes 1997 Supplement, section 260.241, subdivision 3, is amended to read:

Subd. 3. [ORDER; RETENTION OF JURISDICTION.] (a) A certified copy of the findings and the order terminating parental rights, and a summary of the court's information concerning the child shall be furnished by the court to the commissioner or the agency to which guardianship is transferred. The orders shall be on a document separate from the findings. The court shall furnish the individual to whom guardianship is transferred a copy of the order terminating parental rights.

(b) The court shall retain jurisdiction in a case where adoption is the intended permanent placement disposition. The guardian ad litem and counsel for the child shall continue on the case until an adoption decree is entered. A hearing must be held every 90 days following termination of parental rights for the court to review progress toward an adoptive placement and the specific recruitment efforts the agency has taken to find an adoptive family or other placement living arrangement for the child and to finalize the adoption or other permanency plan.

(c) The court shall retain jurisdiction in a case where long-term foster care is the permanent disposition. The guardian ad litem and counsel for the child must be dismissed from the case on the effective date of the permanent placement order. However, the foster parent and the child, if of sufficient age, must be informed how they may contact a guardian ad litem if the matter is subsequently returned to court.

Sec. 27. Minnesota Statutes 1997 Supplement, section 626.556, subdivision 2, is amended to read:

Subd. 2. [DEFINITIONS.] As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise:

(a) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342, 609.343, 609.344, or 609.345. Sexual abuse also includes any act which involves a minor which constitutes a violation of sections 609.321 to 609.324 or 617.246. Sexual abuse includes threatened sexual abuse.

(b) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.

(d) "Physical abuse" means any physical or mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive and deprivation procedures that have not been authorized under section 245.825.

(e) "Report" means any report received by the local welfare agency, police department, or county sheriff pursuant to this section.

(f) "Facility" means a day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed pursuant to sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16.

(g) "Operator" means an operator or agency as defined in section 245A.02.

(h) "Commissioner" means the commissioner of human services.

(i) "Assessment" includes authority to interview the child, the person or persons responsible for the child's care, the alleged perpetrator, and any other person with knowledge of the abuse or neglect for the purpose of gathering the facts, assessing the risk to the child, and formulating a plan.

(j) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and visitation expeditor services.

(k) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.

(l) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury.

(m) "Domestic abuse/exposure to violence cases" means the following, if committed against a family or household member by a family or household member:

(1) physical harm, bodily injury, or assault;

(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

(3) terroristic threats, within the meaning of section 609.713, subdivision 1, or criminal sexual conduct, within the meaning of section 609.342, 609.343, 609.344, or 609.345.

(n) "Family or household members" means:

(1) spouses and former spouses;

(2) parents and children;

(3) persons related by blood;

(4) persons who are presently residing together or who have resided together in the past;

(5) persons who have a child in common, regardless of whether they have been married or have lived together at any time;

(6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

Sec. 28. Minnesota Statutes 1996, section 626.556, subdivision 10, is amended to read:

Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report alleges neglect, physical abuse, or sexual abuse, or domestic abuse/exposure to violence by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, the local welfare agency shall immediately conduct an assessment and offer protective social services for purposes of preventing further abuses, safeguarding and enhancing the welfare of the abused or neglected minor, and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records.

(b) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform the ombudsman established under sections 245.91 to 245.97.

(c) Authority of the local welfare agency responsible for assessing the child abuse or neglect report and of the local law enforcement agency for investigating the alleged abuse or neglect includes, but is not limited to, authority to interview, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged offender. The interview may take place at school or at any facility or other place where the alleged victim or other minors might be found or the child may be transported to, and the interview conducted at, a place appropriate for the interview of a child designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the alleged offender or parent, legal custodian, guardian, or school official. Except as provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible local welfare or law enforcement agency no later than the conclusion of the investigation or assessment that this interview has occurred. Notwithstanding rule 49.02 of the Minnesota rules of procedure for juvenile courts, the juvenile court may, after hearing on an ex parte motion by the local welfare agency, order that, where reasonable cause exists, the agency withhold notification of this interview from the parent, legal custodian, or guardian. If the interview took place or is to take place on school property, the order shall specify that school officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school property, as provided under this paragraph, and any other related information regarding the interview that may be a part of the child's school record. A copy of the order shall be sent by the local welfare or law enforcement agency to the appropriate school official.

(d) When the local welfare or local law enforcement agency determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded. Until that time, the local welfare or law enforcement agency shall be solely responsible for any disclosures regarding the nature of the assessment or investigation.

(e) Where the alleged offender or a person responsible for the care of the alleged victim or other minor prevents access to the victim or other minor by the local welfare agency, the juvenile court may order the parents, legal custodian, or guardian to produce the alleged victim or other minor for questioning by the local welfare agency or the local law enforcement agency outside the presence of the alleged offender or any person responsible for the child's care at reasonable places and times as specified by court order.

(f) Before making an order under paragraph (e), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause.

(g) The commissioner, the ombudsman for mental health and mental retardation, the local welfare agencies responsible for investigating reports, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings.

(h) The local welfare agency shall collect available and relevant information to ascertain whether maltreatment occurred and whether protective services are needed. Information collected includes, when relevant, information with regard to the person reporting the alleged maltreatment, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the reporter's knowledge for the report; the child allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged maltreatment. The local welfare agency may make a determination of no maltreatment early in an assessment, and close the case and retain immunity, if the collected information shows no basis for a full assessment or investigation.

Information relevant to the assessment or investigation must be asked for, and may include:

(1) the child's sex and age, prior reports of maltreatment, information relating to developmental functioning, credibility of the child's statement, and whether the information provided under this clause is consistent with other information collected during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. The local welfare agency must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child.

Nothing in this paragraph precludes the local welfare agency from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency during the course of the assessment or investigation are private data on individuals and must be maintained in accordance with subdivision 11.

(i) In the initial stages of an assessment or investigation, the local welfare agency shall conduct a face-to-face observation of the child reported to be maltreated and a face-to-face interview of the alleged offender. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation.

(j) The local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. The following interviewing methods and procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

Sec. 29. Minnesota Statutes 1997 Supplement, section 626.556, subdivision 10e, is amended to read:

Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every assessment or investigation it conducts, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. When maltreatment is determined in an investigation involving a facility, the investigating agency shall also determine whether the facility or individual was responsible for the maltreatment using the mitigating factors in paragraph (d). Determinations under this subdivision must be made based on a preponderance of the evidence.

(a) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions committed by a person responsible for the child's care:

(1) physical abuse as defined in subdivision 2, paragraph (d);

(2) neglect as defined in subdivision 2, paragraph (c);

(3) sexual abuse as defined in subdivision 2, paragraph (a); or

(4) mental injury as defined in subdivision 2, paragraph (k); or

(5) domestic abuse/exposure to violence as defined in subdivision 2, paragraph (m).

(b) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment.

(c) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child.

(d) When determining whether the facility or individual is the responsible party for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility's compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual's participation in the training, the caregiver's supervision, and facility staffing levels and the scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising professional judgment.

Sec. 30. Minnesota Statutes 1996, section 626.556, subdivision 10h, is amended to read:

Subd. 10h. [CHILD ABUSE DATA; RELEASE TO FAMILY COURT SERVICES.] The responsible authority or its designee of a local welfare agency may release private or confidential data on an active case involving assessment or investigation of actions that are defined as sexual abuse, physical abuse, or neglect, or domestic abuse/exposure to violence under this section to a court services agency if:

(2) the data are necessary for the court services agency to effectively process the court services' case, including investigating or performing other duties relating to the case required by law.

The data disclosed under this subdivision may be used only for purposes of the active court services case described in clause (1) and may not be further disclosed to any other person or agency, except as authorized by law.

Sec. 31. Minnesota Statutes 1997 Supplement, section 626.556, subdivision 11, is amended to read:

Subd. 11. [RECORDS.] (a) Except as provided in paragraph (b) and subdivisions 10b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare agency under this section, including any written reports filed under subdivision 7, shall be private data on individuals, except insofar as copies of reports are required by subdivision 7 to be sent to the local police department or the county sheriff. Reports maintained by any police department or the county sheriff shall be private data on individuals except the reports shall be made available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners. Section 13.82, subdivisions 5, 5a, and 5b, apply to law enforcement data other than the reports. The local social services agency shall make available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners or their professional delegates, any records which contain information relating to a specific incident of neglect or abuse which is under investigation, petition, or prosecution and information relating to any prior incidents of neglect or abuse involving any of the same persons. The records shall be collected and maintained in accordance with the provisions of chapter 13. In conducting investigations and assessments pursuant to this section, the notice required by section 13.04, subdivision 2, need not be provided to a minor under the age of ten who is the alleged victim of abuse or, neglect, or domestic abuse/exposure to violence. An individual subject of a record shall have access to the record in accordance with those sections, except that the name of the reporter shall be confidential while the report is under assessment or investigation except as otherwise permitted by this subdivision. Any person conducting an investigation or assessment under this section who intentionally discloses the identity of a reporter prior to the completion of the investigation or assessment is guilty of a misdemeanor. After the assessment or investigation is completed, the name of the reporter shall be confidential. The subject of the report may compel disclosure of the name of the reporter only with the consent of the reporter or upon a written finding by the court that the report was false and that there is evidence that the report was made in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the rules of criminal procedure.

(b) Upon request of the legislative auditor, data on individuals maintained under this section must be released to the legislative auditor in order for the auditor to fulfill the auditor's duties under section 3.971. The auditor shall maintain the data in accordance with chapter 13.

Sec. 32. Minnesota Statutes 1996, section 626.556, subdivision 11a, is amended to read:

Subd. 11a. [DISCLOSURE OF INFORMATION NOT REQUIRED IN CERTAIN CASES.] When interviewing a minor under subdivision 10, an individual does not include the parent or guardian of the minor for purposes of section 13.04, subdivision 2, when the parent or guardian is the alleged perpetrator of the abuse or, neglect, or domestic abuse/exposure to violence.

Sec. 33. Minnesota Statutes 1996, section 626.556, is amended by adding a subdivision to read:

Subd. 11d. [DISCLOSURE IN CHILD FATALITY OR NEAR FATALITY CASES.] (a) The definitions in this paragraph apply to this section.

(1) "Child fatality" means the death of a child from suspected abuse, neglect, or maltreatment.

(2) "Near fatality" means a case in which a physician determines that a child is in serious or critical condition as the result of sickness or injury caused by suspected abuse, neglect, or maltreatment.

(b) Notwithstanding any other provision of law and subject to the provisions of this subdivision, a public agency shall disclose to the public, upon request, the findings and information related to a child fatality or near fatality if:

(1) a person is criminally charged with having caused the child fatality or near fatality; or

(2) a county attorney certifies that a person would have been charged with having caused the child fatality or near fatality but for that person's death.

(c) Findings and information disclosed pursuant to this subdivision shall consist of a written summary that includes any of the following information the agency is able to provide:

(1) the dates, outcomes, and results of any actions taken or services rendered;

(2) the results of any review of the state child mortality review panel, a local child morality review panel, a local community child protection team, or any public agency; and

(3) confirmation of the receipt of all reports, accepted or not accepted, by the local welfare agency for assessment of suspected child abuse, neglect, or maltreatment, including confirmation that investigations were conducted, the results of the investigations, a description of the conduct of the most recent investigation and the services rendered, and a statement of the basis for the agency's determination.

(d) Nothing in this subdivision authorizes access to the confidential records in the custody of a local social services agency, disclosure to the public of the records or content of any psychiatric, psychological, or therapeutic evaluations, or disclosure of information that would reveal the identities of persons who provided information related to suspected abuse, neglect, or maltreatment of the child.

(e) Within five working days from the receipt of a request for findings and information related to a child fatality or near fatality, a local agency shall consult with the appropriate county attorney and provide the findings and information unless the agency has a reasonable belief that the release of the information:

(1) is not authorized by paragraphs (a) and (b);

(2) is likely to cause mental, emotional, or physical harm or danger to a minor child who resides in the deceased or injured child's household or who is the sibling of the deceased or injured child;

(3) is likely to jeopardize the state's ability to prosecute the defendant;

(4) is likely to jeopardize the defendant's right to a fair trial;

(5) is the subject of an ongoing or future criminal investigation or prosecution;

(6) is not authorized by federal law and regulations; or

(7) could result in physical or emotional harm to an individual.

(f) A person whose request is denied may apply to the appropriate court for an order compelling disclosure of the findings and information of the public agency. The application must set forth, with reasonable particularity, factors supporting the application. The court has jurisdiction to issue such orders. Actions under this section must be set down for immediate hearing, and subsequent proceedings in those actions must be accorded priority by the appellate courts. After the court has reviewed the specific findings and information, in camera, the court shall issue an order compelling disclosure unless the court finds that one or more of the circumstances in paragraph (e) exists.

Sec. 34. [EFFECTIVE DATE.]

Sections 1 to 32 are effective the day following final enactment.

Section 1. Minnesota Statutes 1996, section 3.153, is amended by adding a subdivision to read:

Subd. 6. [IMMUNITY FOR DISCLOSURE; DISCLOSURE BY COMMITTEE.] A person who produces relevant records or gives relevant testimony in response to a subpoena issued under this section is immune from civil or criminal liability or occupational disciplinary proceedings that might otherwise result from the fact of the disclosure made by the production of the records or giving of the testimony. A joint legislative commission or standing or interim legislative committee which receives testimony or documents pursuant to a subpoena issued under this section may disclose the testimony or documents so received, notwithstanding any other statutory provision that restricts access to the documents or the substance of the testimony.

Sec. 2. Minnesota Statutes 1996, section 260.191, subdivision 1e, is amended to read:

Subd. 1e. [CASE PLAN.] For each disposition ordered, the court shall order the appropriate agency to prepare a written case plan developed after consultation with any foster parents, and consultation with and participation by the child and the child's parent, guardian, or custodian, guardian ad litem, and tribal representative if the tribe has intervened. The case plan shall comply with the requirements of section 257.071, where applicable. The case plan shall, among other matters, specify the actions to be taken by the child and the child's parent, guardian, foster parent, or custodian to comply with the court's disposition order, and the services to be offered and provided by the agency to the child and the child's parent, guardian, or custodian. The court shall review the case plan and, upon approving it, incorporate the plan into its disposition order. The court may review and modify the terms of the case plan in the manner provided in subdivision 2. For each disposition ordered, the written case plan shall specify what reasonable efforts shall be provided to the family. The case plan must include a discussion of:

(1) the availability of appropriate prevention and reunification services for the family to prevent the removal of the child from the home or to reunify the child with the family after removal;

(2) any services or resources that were requested by the child or the child's parent, guardian, foster parent, or custodian since the date of initial adjudication, and whether those services or resources were provided or the basis for denial of the services or resources;

(3) the need of the child and family for care, treatment, or rehabilitation;

(4) the need for participation by the parent, guardian, or custodian in the plan of care for the child;

(5) the visitation rights and obligations of the parent or other relatives, as defined in section 260.181, subdivision 3, during any period when the child is placed outside the home; and

(6) a description of any services that could prevent placement or reunify the family if such services were available; and

(7) the need for continued monitoring of the child and family by the appropriate local social services agency once the family has completed all services required in the case plan.

Sec. 3. Minnesota Statutes 1997 Supplement, section 626.556, subdivision 10e, is amended to read:

Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every assessment or investigation it conducts, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. When maltreatment is determined in an investigation involving a facility, the investigating agency shall also determine whether the facility or individual was responsible for the maltreatment using the mitigating factors in paragraph (d). Determinations under this subdivision must be made based on a preponderance of the evidence.

(a) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions committed by a person responsible for the child's care:

(1) physical abuse as defined in subdivision 2, paragraph (d);

(2) neglect as defined in subdivision 2, paragraph (c);

(3) sexual abuse as defined in subdivision 2, paragraph (a); or

(4) mental injury as defined in subdivision 2, paragraph (k).

(b) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment.

(c) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child.

(d) When determining whether the facility or individual is the responsible party for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility's compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual's participation in the training, the caregiver's supervision, and facility staffing levels and the scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising professional judgment.

Sec. 4. Minnesota Statutes 1996, section 626.556, is amended by adding a subdivision to read:

Subd. 10j. [RELEASE OF DATA TO MANDATED REPORTERS.] A local social services or child protection agency may provide relevant private data on individuals obtained under this section to mandated reporters who have an ongoing responsibility for the health, education, or welfare of a child affected by the data.

Sec. 5. Minnesota Statutes 1996, section 626.556, is amended by adding a subdivision to read:

Subd. 10k. [RELEASE OF CERTAIN INVESTIGATIVE RECORDS TO OTHER COUNTIES.] Records maintained under subdivision 11c, paragraph (a), may be shared with another local welfare agency that requests the information because it is conducting an investigation under this section of the subject of the records.

Sec. 6. Minnesota Statutes 1997 Supplement, section 626.556, subdivision 11c, is amended to read:

Subd. 11c. [WELFARE, COURT SERVICES AGENCY, AND SCHOOL RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 138.17, records maintained or records derived from reports of abuse by local welfare agencies, court services agencies, or schools under this section shall be destroyed as provided in paragraphs (a) to (d) by the responsible authority.

(a) If upon assessment or investigation there is no determination of maltreatment or the need for child protective services, the records may must be maintained for a period of four years. After the individual alleged to have maltreated a child is notified under subdivision 10f of the determinations at the conclusion of the assessment or investigation, upon that individual's request, records shall be destroyed within 30 days or after the appeal rights under subdivision 10i have been concluded, whichever is later.

(b) All records relating to reports which, upon assessment or investigation, indicate either maltreatment or a need for child protective services shall be maintained for at least ten years after the date of the final entry in the case record.

(c) All records regarding a report of maltreatment, including any notification of intent to interview which was received by a school under subdivision 10, paragraph (d), shall be destroyed by the school when ordered to do so by the agency conducting the assessment or investigation. The agency shall order the destruction of the notification when other records relating to the report under investigation or assessment are destroyed under this subdivision.

(d) Private or confidential data released to a court services agency under subdivision 10h must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision.

Sec. 7. Minnesota Statutes 1996, section 626.556, is amended by adding a subdivision to read:

Subd. 15. [AUDITING.] The department of human services shall regularly audit for accuracy the data reported by counties on maltreatment of minors.

Sec. 8. [RISK ASSESSMENT; PERFORMANCE MEASURES; EXTERNAL REVIEW.]

Subdivision 1. [RISK ASSESSMENT ALTERNATIVES.] Notwithstanding any rule to the contrary, the commissioner of human services may authorize local welfare agencies to research and pilot alternative methods of child protection risk assessment. The commissioner shall report to the appropriate committees in the house of representatives and the senate on the outcomes of research and risk assessment pilots by January 15, 2000.

Subd. 2. [PERFORMANCE MEASUREMENT.] (a) The commissioner of human services shall establish a task force of county and state officials to identify:

(1) statewide measures of the performance of child welfare services and steps needed to collect reliable information on these measures; and

(b) The task force shall report their findings to the commissioner by January 1, 1999. The commissioner shall recommend to appropriate committees of the legislature during the 1999 regular session any legislative action required to implement task force recommendations.

Sec. 9. [PLAN FOR EXTERNAL REVIEWS.]

By January 1, 1999, the commissioner of human services shall present to the appropriate committees in the senate and the house of representatives a plan for periodic external reviews of:

(1) county compliance with state statutes and rules in the area of child protection; and

(2) the appropriateness of decisions by county child protection agencies in selected individual cases.

Nothing in this section or section 8 prevents the commissioner from developing and implementing performance measurement plans for periodic reviews and best practices before January 1, 1999.

Section 1. [626.5560] [PROGRAMS FOR CHILD PROTECTION ASSESSMENTS OR INVESTIGATIONS; COMMUNITY COLLABORATION.]

Subdivision 1. [DESIGNATION OF COUNTIES; GRANTS AND TECHNICAL ASSISTANCE.] By October 1, 1998, the commissioner of human services shall designate counties to participate in the pilot child protection program established under this section for assessment and investigation of reports of child maltreatment received under section 626.556 and the provision of family services. The commissioner shall make grants to counties for purposes of planning and implementing a program under this section and shall provide technical assistance and develop protocols for the programs.

Subd. 2. [ESTABLISHMENT; PURPOSE.] A child protection program may be established under this section in order to promote the safety of children and the integrity and preservation of their families by conducting investigations or family assessments in response to reports of child maltreatment under section 626.556. The program shall be designed to coordinate community resources and provide assistance or services to children and families identified to be at risk, and to prevent and remedy child abuse and neglect.

Subd. 3. [DETERMINATIONS REGARDING INVESTIGATION OR FAMILY ASSESSMENT AND SERVICES.] (a) Upon receipt of a report under section 626.556, the local welfare agency shall make a determination whether to proceed with an investigation as provided in section 626.556 or to proceed with a family assessment and services approach under this section. If a local law enforcement agency receives a report under section 626.556 in a county that is participating in the program under this section, the local law enforcement agency shall immediately forward the report to the local welfare agency for purposes of making a determination under this subdivision. This does not preclude the local law enforcement agency from proceeding with a criminal investigation as appropriate.

(b) The local welfare agency shall make determinations under this subdivision through the use of protocols developed by the commissioner of human services. The local welfare agency may conduct an investigation of any report, but shall conduct an investigation of reports that, if true, would be a violation of, or an attempt to commit a violation of:

(1) section 609.221, 609.222, or 609.223 (assault in the first, second, or third degree);

(2) section 609.322 (solicitation, inducement, and promotion of prostitution);

(3) sections 609.342 to 609.3451 (criminal sexual conduct);

(5) section 609.377 or 609.378 (malicious punishment or neglect or endangerment of a child); or

(6) section 617.246 (use of minor in sexual performance).

(c) In addition, the local welfare agency shall contact the appropriate law enforcement agency upon receipt of a report of a violation of, or an attempt to commit a violation of:

(1) section 609.185, 609.19, or 609.195 (murder in the first, second, or third degree);

(2) section 609.20 or 609.205 (manslaughter in the first or second degree); or

(3) an offense listed in paragraph (b).

The law enforcement agency may conduct its own investigation and shall assist the local welfare agency in its investigation or provide, within a reasonable time, a written explanation detailing the reasons why it is unable to assist.

(d) The local social service agency shall make a determination of how to proceed and initiate an investigation or family assessment and services within 24 hours of receipt of the report, except in cases where the sole basis for the report is educational neglect. If the report indicates that educational neglect is the only complaint and there is no suspicion of other neglect or abuse, the investigation or family assessment and services approach shall be initiated within 72 hours of receipt of the report.

Subd. 4. [PROVISION OF FAMILY ASSESSMENT AND SERVICES.] (a) If the local welfare agency makes a determination to use the family assessment and services approach, the agency shall assess the risk of abuse and neglect and the service needs of the family based on information gathered from the family and other available sources. At the time of the initial contact with the family, the local welfare agency shall provide the parent or other caretaker with information regarding the purpose of the contact and the assessment process to be followed during the agency's intervention, including possible services available and expectations of the family.

(b) The agency shall provide services that are voluntary and time-limited unless the agency determines, based on the assessment of risk, that there will be a high risk of abuse or neglect if the family refuses to accept the services. The agency shall identify services for families where it is determined that the child is at high risk of future abuse or neglect. The agency shall thoroughly document its attempt to provide voluntary services and the reasons these services are important to reduce the risk of future abuse or neglect to the child. If the family continues to refuse voluntary services or the child needs to be protected, the agency may commence an investigation under section 626.556.

(c) When a case under this subdivision is closed, the local welfare agency shall document the outcome of the family assessment and services approach, including services provided and the removal of risk to the child, if it existed. This documentation shall be retained for four years.

Subd. 5. [REFERRAL OF CASES FOR INVESTIGATION OR ASSESSMENT.] (a) The local welfare agency shall begin an immediate investigation if at any time during the family assessment and services approach the agency determines that an investigation is required. The staff who have conducted the assessment may remain involved in the provision of services to the family.

(b) The local welfare agency may conduct a family assessment and services approach on reports initially referred for an investigation if the agency determines that a complete investigation is not required, or it may assist the family in obtaining services during the investigation if it is determined that the child or a member of the family needs services. If the local law enforcement agency is involved in the investigation, the law enforcement agency must provide a written agreement with a decision to terminate the investigation and the local welfare agency shall document the reason for termination of the investigative process.

Sec. 2. [PLANNING, EVALUATION, AND REPORT.]

Subdivision 1. [PLANNING AND IMPLEMENTATION.] The commissioner of human services shall develop a plan for establishing, implementing, and evaluating the programs under section 1. The plan must provide for administering grants and local implementation of programs by January 1, 1999. The plan must include protocols for the programs and procedures and criteria for the collection of information from local welfare agencies to evaluate the programs.

Subd. 2. [EVALUATION AND REPORT.] By January 15, 2001, the commissioner of human services shall report to the legislature on the operation of the program under section 1. The report must include an independent evaluation of the program that assesses its effect upon specified variables, including the following major goals:

(1) promotion of the safety of children;

(2) preservation of the integrity of families, where possible;

(3) remediation of abuse or neglect or other family problems that give rise to reports; and

(4) prevention of future abuse or neglect.

The report must also evaluate the use of community collaboration in providing services to families. Based on the evaluation, the report must include recommendations for future legislative action, including any modifications to the operation of the program and recommendations regarding statewide implementation.

Section 1. [257.0711] [CONCURRENT PERMANENCY PLANNING.]

Subdivision 1. [PROGRAM; GOALS.] (a) The commissioner of human services shall establish a program for concurrent permanency planning for child protection services. The program must include a pilot program phase during which the commissioner will make grants to counties who participate in concurrent permanency planning, followed by statewide implementation of concurrent permanency planning effective July 1, 1999.

(b) Concurrent permanency planning involves a planning process for children who are placed out of the home of their parents pursuant to a court order, or who have been voluntarily placed out of the home by the parents for 60 days or more and who are not developmentally disabled or emotionally handicapped under section 257.071, subdivision 4. The local social services agency shall develop an alternative permanency plan while making reasonable efforts for reunification of the child with the family, if required by section 260.012. The goals of concurrent permanency planning are to:

(1) achieve early permanency for children;

(2) decrease children's length of stay in foster care and reduce the number of moves children experience in foster care; and

(3) develop a group of families who will work towards reunification and also serve as permanent families for children.

Subd. 2. [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The commissioner shall establish guidelines and protocols for social service agencies involved in concurrent permanency planning, including criteria for conducting concurrent permanency planning based on relevant factors such as:

(1) age of the child and duration of out-of-home placement;

(2) prognosis for successful reunification with parents;

(3) availability of relatives and other concerned individuals to provide support or a permanent placement for the child; and

Subd. 3. [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent permanency planning programs must include involvement of parents and full disclosure of their rights and responsibilities, goals of concurrent permanency planning, support services that are available for families, permanency options, and the consequences of not complying with case plans.

Subd. 4. [TECHNICAL ASSISTANCE AND GRANTS.] The commissioner of human services shall provide ongoing technical assistance, support, and training for local social service agencies and other individuals and agencies involved in concurrent permanency planning. The commissioner shall make grants to counties for purposes of planning, implementing, and assisting in the evaluation of permanency planning programs and multidisciplinary training of participants.

Sec. 2. [EVALUATION AND REPORT.]

The commissioner shall develop a detailed plan for evaluating concurrent permanency planning programs, based on identifiable goals and factors, including those specified in section 1, subdivision 1. The plan must also include an evaluation of the fiscal impact of concurrent planning, including the effect on costs of out-of-home placement. The evaluation must incorporate input and recommendations from counties involved in concurrent planning. By January 15, 2001, the commissioner shall report to the appropriate committees in the legislature on the operation of the concurrent planning programs and the results of the evaluation under this section.

Section 1. [257.070] [CHILD SAFETY ASSESSMENT AND PLAN.]

Subdivision 1. [WHEN REQUIRED.] (a) The local social services agency shall follow the child safety assessment and planning process under this section when the agency receives information that a child under the age of 12 months has one or both parents who:

(1) has a history of controlled substance or alcohol abuse;

(2) has been convicted of a crime specified in section 518.179, subdivision 2, if the victim of the crime was a family or household member; and

(3) has lost custody of a child in a contested proceeding to a person other than a parent, or previously has had another child in court-ordered, out-of-home placement.

(b) This section does not relieve the local social services agency of any duties under this chapter, chapter 260, or section 626.556 in cases involving allegations of abuse or neglect of a child.

Subd. 2. [ASSESSMENT AND PLAN.] The agency shall assess the risk to the child of future abuse and neglect and develop a safety plan, in consultation with the parents, to address risk factors that are present in the home and other service needs of the child and family. The safety plan may include:

(1) enrollment in early childhood family education;

(2) home visits;

(3) chemical dependency treatment for a parent; and

(4) provision of other services within the community to assist the family, including child care and other services that will enable the parents to participate in the safety plan.

Sec. 2. Minnesota Statutes 1996, section 626.556, is amended by adding a subdivision to read:

Subd. 2a. [CERTAIN AT-RISK INFANTS.] If a local social services agency receives information would require a child safety and assessment plan under section 257.070, the local social services agency shall proceed under that section.

Section 1. [257.001] [CHILD WELFARE SERVICES PLAN.]

Subdivision 1. [STATE PLANNING.] By January 15, 1999, the commissioner of human services shall submit to the legislature a five-year statewide plan for child welfare services. The plan must establish statewide goals and objectives for the prevention of the abuse and neglect of children, early intervention for children at risk of abuse, family preservation services, out-of-home placement care and permanency planning, and adoption. The plan must include state targets for the continuum of child welfare services, prioritized goals and objectives, a rationale for the priority order, and a description and rationale for the method the state plans to use to address each goal and objective, including specific legislative, budget, or administrative actions necessary to implement the plan. The commissioner shall incorporate in the plan the semiannual reports on children in out-of-home placements required under section 257.0725.

Subd. 2. [COUNTY PLANNING.] As part of the statewide planning process, the commissioner shall develop procedures for counties to prepare and submit annual child welfare plans. The commissioner shall incorporate recommendations from the commissioner of corrections in the development of county plan requirements. The county plans must include, at a minimum, an assessment of the child welfare system in the county, including an inventory of available early intervention and prevention service, family preservation, out-of-home placement and permanency planning services in the county, current and projected budgets by program for the next year, and county-specific child welfare targets.

Subd. 3. [PUBLICATION OF PLANS.] The commissioner shall publicize the results of the statewide plan and ways for the public to obtain copies of the plan. Once the plan is developed, the commissioner shall prepare an annual report on progress toward the goals identified in the plan. The results of the progress reports must be included in the budget documents forwarded by the commissioner of finance to the legislature and shall be included in the state agency performance reports required by section 15.91.

Section 1. [APPROPRIATION.]

$30,000,000 is appropriated from the general fund to the commissioner of human services for purposes of funding child welfare initiatives and programs. This appropriation includes funding for child protection activities; planning, development of protocols, grants, technical assistance, training, and evaluation for family assessment and services programs, concurrent permanency planning, and child safety assessments and plans; and training of family mediators and facilitation of relative care plans under Minnesota Statutes, section 626.5565."

Delete the title and insert:

subdivision 5; 259.22, subdivision 4; 259.47, subdivision 3; 259.60, subdivision 2; 260.012; 260.015, subdivision 29; 260.191, subdivisions 1, 1a, and 3b; 260.241, subdivision 3; and 626.556, subdivisions 2, 10e, 11, and 11c; proposing coding for new law in Minnesota Statutes, chapters 257; and 626."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 3014, A bill for an act relating to juveniles; clarifying laws relating to contributing to a child's delinquency, status as a juvenile petty offender, or need for protection or services; imposing civil and criminal penalties; amending Minnesota Statutes 1996, sections 260.155, subdivision 1; 260.255; and 260.315; Minnesota Statutes 1997 Supplement, section 260.161, subdivision 2; repealing Minnesota Statutes 1996, section 260.261.

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

The report was adopted.

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

H. F. No. 3018, A bill for an act relating to capital improvements; authorizing funding for white pine acquisition and management; appropriating money.

Reported the same back with the following amendments:

Page 1, after line 6, insert:

"Subdivision 1. [GENERAL FUND.] $100,000 is appropriated from the general fund to the commissioner of natural resources for public involvement, meetings, and educational materials on white pine management planning."

Page 1, line 7, delete "$500,000" and insert "Subd. 2. [CAPITAL IMPROVEMENT.] $400,000"

Page 1, line 8, delete "acquisition" and insert "planting"

Page 1, line 15, delete "$500,000" and insert "$400,000"

Amend the title as follows:

Page 1, line 2, delete "capital improvements" and insert "appropriations"

Page 1, line 3, delete "acquisition" and insert "planting"

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

The report was adopted.

H. F. Nos. 1554, 1583, 2222, 2332, 2372, 2489, 2499, 2508, 2523, 2550, 2574, 2616, 2641, 2741, 2828 and 3014 were read for the second time.

S. F. No. 2041 was read for the second time.

The following House Files were introduced:

Dorn; Johnson, R.; Gunther; Reuter and Pelowski introduced:

H. F. No. 3089, A bill for an act relating to education; providing for a black box theater on the Mankato State University campus.

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

Schumacher; Biernat; Seagren; Clark, K., and Entenza introduced:

H. F. No. 3090, A bill for an act relating to education; appropriating money for a grant for the Unlimited Possibilities Plan.

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

Murphy; Garcia; Clark, K., and Seifert introduced:

H. F. No. 3091, A bill for an act relating to education; changing the calculation of student financial aid by excluding a portion of any Pell grant; appropriating money; amending Minnesota Statutes 1997 Supplement, section 136A.121, subdivision 5.

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

Goodno introduced:

H. F. No. 3092, A bill for an act relating to checks; prohibiting a person from requiring a social security number as a condition of acceptance of a check; providing that prosecutors may not refuse to prosecute a dishonored check case solely because the dishonored check does not contain the issuer's social security number; amending Minnesota Statutes 1996, section 325F.981, subdivision 1; and section 609.535, by adding a subdivision.

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

Pugh, Tunheim and Stanek introduced:

H. F. No. 3093, A bill for an act relating to commerce; regulating collection agencies; exempting out-of-state agencies from regulation; amending Minnesota Statutes 1996, section 332.31, subdivisions 3, 6, and by adding a subdivision.

Harder and Clark, J., introduced:

H. F. No. 3094, A bill for an act relating to education; allowing the consolidated Red Rock school district to accelerate the schedule for reducing the number of school board members.

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

Rhodes, Long, Kinkel, McCollum and Rostberg introduced:

H. F. No. 3095, A bill for an act relating to veterans; designating a date in February as Chaplains Sunday in honor of four United States army chaplains who sacrificed their lives at sea for other service members; proposing coding for new law in Minnesota Statutes, chapter 10.

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

Davids introduced:

H. F. No. 3096, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for design and construction of a roadway in the city of Chatfield.

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

Davids introduced:

H. F. No. 3097, A bill for an act relating to highways; modifying Laura Ingalls Wilder Historic Highway; amending Minnesota Statutes 1997 Supplement, section 161.14, subdivision 29.

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

Schumacher introduced:

H. F. No. 3098, A bill for an act relating to tax increment financing; authorizing the expenditure of revenues derived from a tax increment financing district located in the city of Foley outside of the district.

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

Schumacher, Lieder and Juhnke introduced:

H. F. No. 3099, A bill for an act relating to transportation; allocating money to the highway user tax distribution fund and the transit assistance fund from proceeds of the tax on the sale of motor vehicles; amending Minnesota Statutes 1996, sections 174.32, subdivision 2; and 297B.09, subdivision 1.

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

Schumacher, Lieder and Johnson, A., introduced:

H. F. No. 3100, A bill for an act relating to highways; appropriating money for local bridges.

Skare, Rest, Winter, Long and Macklin introduced:

H. F. No. 3101, A bill for an act relating to the city of Bemidji; authorizing the city to impose certain taxes.

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

Schumacher introduced:

H. F. No. 3102, A bill for an act relating to wetlands; creating a cost-share program for small cities; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103G.

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

Anderson, B.; Wenzel; Lindner; Knight and Reuter introduced:

H. F. No. 3103, A bill for an act relating to agriculture; changing food handlers license provisions for first-time and seasonal licenses; amending Minnesota Statutes 1996, section 28A.04, subdivision 1.

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

Delmont, Osthoff, Jennings, Mares and Holsten introduced:

H. F. No. 3104, A bill for an act relating to the state lottery; permitting the director to establish a bonus plan for lottery retailers; permitting the lottery to conduct a holiday game; authorizing the lottery to establish an operating reserve account; authorizing the lottery to expend additional funds on advertising; clarifying the lottery conflict of interest; amending Minnesota Statutes 1996, section 349A.06, by adding a subdivision; 349A.09, subdivision 2; 349A.10, subdivision 3; and 349A.11.

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

Pawlenty and Commers introduced:

H. F. No. 3105, A bill for an act relating to liquor; increasing authorized liquor licenses for the city of Eagan; amending Laws 1994, chapter 611, section 32, as amended.

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

Erhardt, Biernat, Dawkins, Bishop and Pawlenty introduced:

H. F. No. 3106, A bill for an act relating to motor vehicles; regulating installations of air bag on-off switches and deactivations; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Daggett, Delmont, Kraus, Skare and Seifert introduced:

H. F. No. 3107, A bill for an act relating to lawful gambling; reducing rates of taxation; amending Minnesota Statutes 1996, section 297E.02, subdivisions 1, 4, and 6.

Dawkins, Luther, Mariani and Farrell introduced:

H. F. No. 3108, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for grants to local government units for parks, recreation buildings, and school buildings for youth enrichment activities; authorizing issuance of bonds; appropriating money.

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

Ness and Kielkucki introduced:

H. F. No. 3109, A bill for an act relating to education; reauthorizing a canceled facilities grant to the Crow River special education cooperative and the Meeker and Wright special education cooperative; appropriating money.

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

Daggett, Westfall, Nornes, Bettermann and Westrom introduced:

H. F. No. 3110, A bill for an act relating to game and fish; extending certain angling seasons in 1998.

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

Macklin, Smith and Pugh introduced:

H. F. No. 3111, A bill for an act relating to crime; forfeited vehicle's return to owner is subjected to agency approval; authorizing convictions under ordinances and statutes from another state to be used in penalty enhancement for the crime of harassment; providing a 30-day limit on requests for restitution hearings; authorizing search warrants on financial institutions to be filed within 30 days of issuance; amending Minnesota Statutes 1996, sections 609.531, subdivision 5a; 609.749, subdivision 4; 611A.045, subdivision 3; and 626.15.

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

Tompkins, Macklin and Pugh introduced:

H. F. No. 3112, A bill for an act relating to crime; clarifying the definition of value in the theft statute; amending Minnesota Statutes 1996, section 609.52, subdivision 1.

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

Rest; Johnson, A.; Slawik and Erhardt introduced:

H. F. No. 3113, A bill for an act relating to income taxation; expanding the dependent care credit; amending Minnesota Statutes 1996, section 290.067, subdivision 2; Minnesota Statutes 1997 Supplement, section 290.067, subdivision 1.

Skare; Greiling; Clark, K.; Wejcman and Wenzel introduced:

H. F. No. 3114, A bill for an act relating to economic security; appropriating money for workforce center involvement in school-to-work initiatives.

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

Evans; Rhodes; Trimble; Clark, K., and Kubly introduced:

H. F. No. 3115, A bill for an act relating to housing; establishing a Minnesota healthy homes pilot project; appropriating money.

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

Ness; Johnson, A.; Mares; Rostberg and Greiling introduced:

H. F. No. 3116, A bill for an act relating to education; requiring knowledge in personal and family financial management and investment for graduation; amending Minnesota Statutes 1997 Supplement, section 121.11, subdivision 7c.

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

Paulsen, Kelso, Sykora, Seagren and Opatz introduced:

H. F. No. 3117, A bill for an act relating to education; providing for a school plan or school closure to improve student achievement levels based on minimum state expectations; modifying unrequested leave of absence provisions for teachers at a closed school; amending Minnesota Statutes 1996, section 125.12, subdivision 6b; proposing coding for new law in Minnesota Statutes, chapter 123.

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

Olson, E., and Lieder introduced:

H. F. No. 3118, A bill for an act relating to taxation; providing that certain payments in lieu of taxes may be used for road maintenance in unorganized townships; amending Minnesota Statutes 1996, section 477A.14.

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

Olson, E.; Kalis; Rostberg; Ness and Lieder introduced:

H. F. No. 3119, A bill for an act relating to local government; allowing an officer of a local governmental unit to contract with the unit in certain circumstances; amending Minnesota Statutes 1996, section 471.88, subdivision 12.

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

Rest introduced:

H. F. No. 3120, A bill for an act relating to insurance; regulating trade practices; prohibiting discrimination based on the credit worthiness, credit history, credit standing, or credit capacity of an applicant, policyholder, or enrollee; amending Minnesota Statutes 1996, section 72A.20, by adding a subdivision.

Jennings, Kahn and Ness introduced:

H. F. No. 3121, A bill for an act relating to public administration; providing for design-build contracts; requiring rulemaking; amending Minnesota Statutes 1996, sections 16B.31, subdivision 1; and 16B.33, subdivisions 1, 2, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Chaudhary introduced:

H. F. No. 3122, A bill for an act relating to retirement; extending specified extended leave deadlines for certain teachers.

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

Jennings introduced:

H. F. No. 3123, A bill for an act relating to telecommunications; requiring parties to a telephone or telecommunications proceeding of the public utilities commission or department of public service to pay costs; amending Minnesota Statutes 1996, section 237.295.

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

Rukavina and Bakk introduced:

H. F. No. 3124, A bill for an act relating to motor vehicles; increasing minimum value of passenger automobiles classified as above-market vehicles for motor vehicle sales tax purposes; amending Minnesota Statutes 1996, section 297B.025, subdivision 1.

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

McGuire introduced:

H. F. No. 3125, A bill for an act relating to education; appropriating money for grants for gang prevention and intervention.

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

Osskopp and Finseth introduced:

H. F. No. 3126, A bill for an act relating to public administration; repealing certain laws relating to community planning; amending Minnesota Statutes 1997 Supplement, sections 394.24, subdivision 1; 462.352, subdivisions 5 and 6; and 462.357, subdivision 2; repealing Minnesota Statutes 1997 Supplement, sections 4A.08; 4A.09; 4A.10; 394.232; 462.352, subdivision 18; 462.3535; and 473.1455; Laws 1997, chapter 202, article 4, sections 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22.

Luther, Hilty, Gunther, Mariani and Koskinen introduced:

H. F. No. 3127, A bill for an act relating to education; phasing in full day kindergarten for all students; expanding the first grade preparedness program; appropriating money; amending Minnesota Statutes 1997 Supplement, section 124.2613, subdivision 3; Laws 1997, First Special Session chapter 4, article 2, section 51, subdivision 29; repealing Minnesota Statutes 1996, section 124.2613, subdivision 8.

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

Seifert introduced:

H. F. No. 3128, A bill for an act relating to education; authorizing a fund transfer for independent school district No. 415, Lynd.

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

Wejcman, Delmont, Huntley and Koskinen introduced:

H. F. No. 3129, A bill for an act relating to human services; establishing a rental housing program; expanding the current pilot program for homeless adults; requiring an evaluation; appropriating money; amending Minnesota Statutes 1996, section 256I.04, subdivision 3, and by adding a subdivision.

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

Koskinen; Johnson, A.; Sekhon; Tingelstad and Carruthers introduced:

H. F. No. 3130, A bill for an act relating to education; expanding the alternative facilities program; modifying the compensatory revenue formula; increasing referendum equalization aid; establishing an elementary achievement program; appropriating money; amending Minnesota Statutes 1996, sections 124.95, subdivision 1; and 124A.03, subdivision 1f; Minnesota Statutes 1997 Supplement, sections 124.239, subdivisions 5a and 5b; 124.961; and 124A.22, subdivision 3.

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

Otremba, M.; Johnson, R.; Kubly; Skare and Wenzel introduced:

H. F. No. 3131, A bill for an act relating to agriculture; establishing a Midwest Interstate Dairy Compact; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 236B.

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

Chaudhary and Carruthers introduced:

H. F. No. 3132, A bill for an act relating to transportation; appropriating money to the commissioner of transportation for planning and design of a commuter rail station in Columbia Heights.

Rukavina, Bakk and Tomassoni introduced:

H. F. No. 3133, A bill for an act relating to natural resources; providing for tree replacement in certain acreage; proposing coding for new law in Minnesota Statutes, chapter 88.

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

Bishop, Murphy, Solberg and Stanek introduced:

H. F. No. 3134, A bill for an act relating to crime prevention; requiring a study of crimes committed by persons who are released on bail; appropriating money.

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

Stanek introduced:

H. F. No. 3135, A bill for an act relating to health; prohibiting partial-birth abortions; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Greiling, Mares, Biernat, Evans and Tomassoni introduced:

H. F. No. 3136, A bill for an act relating to education; restoring the training and experience revenue component of the general education formula; appropriating money; amending Minnesota Statutes 1997 Supplement, section 124A.04, subdivision 2.

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

Rukavina introduced:

H. F. No. 3137, A bill for an act relating to state finance; modifying the debt collections act; amending Minnesota Statutes 1996, sections 16A.72; 16D.02, subdivision 3; 16D.04, subdivisions 1 and 4; 16D.06, subdivision 2; 16D.08, subdivision 2; 16D.11, as amended; 16D.14, subdivision 5, and by adding a subdivision; and 16D.16, subdivision 1; Minnesota Statutes 1997 Supplement, sections 270.063, subdivision 1; and 357.021, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 16D.

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

Evans, Huntley, Mulder and Farrell introduced:

H. F. No. 3138, A bill for an act relating to health; providing for the use of automatic external defibrillators; providing immunity from civil liability; amending Minnesota Statutes 1996, section 604A.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 145.

Tunheim and Juhnke introduced:

H. F. No. 3139, A bill for an act relating to commerce; regulating beer brewers and wholesalers; providing for the obligations of successors; amending Minnesota Statutes 1996, sections 325B.01; and 325B.14.

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

Kalis, Bakk, Skare, Nornes and Swenson, H., introduced:

H. F. No. 3140, A bill for an act relating to natural resources; adding to state parks; creating a new recreation area; providing for a state park permit exemption; amending Minnesota Statutes 1996, section 85.054, by adding a subdivision.

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

Ozment introduced:

H. F. No. 3141, A bill for an act relating to the environment; providing for legislative review of aboveground storage tank rules; amending Minnesota Statutes 1996, section 116.49, by adding a subdivision.

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

Koskinen, Nornes, Huntley and Mariani introduced:

H. F. No. 3142, A bill for an act relating to children; changing reimbursement rates for child care assistance; providing for wage enhancement for provider rates; amending Minnesota Statutes 1996, section 119B.13, by adding a subdivision; Minnesota Statutes 1997 Supplement, section 119B.13, subdivision 1.

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

Sekhon, Jefferson, Rhodes, Dempsey and Osthoff introduced:

H. F. No. 3143, A bill for an act relating to natural resources; authorizing bonds and appropriating money to connect state and regional park trails in the Twin Cities metropolitan area.

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

Wenzel introduced:

H. F. No. 3144, A bill for an act relating to highways; authorizing issuance of bonds for improvements to marked trunk highway No. 371; appropriating money.

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

Rest introduced:

H. F. No. 3145, A bill for an act relating to housing; providing for review of certain allocations and compliance monitoring by the Minnesota housing finance agency; amending Minnesota Statutes 1996, section 462A.223, by adding subdivisions.

Gunther, Jefferson, Kahn, Smith and Mares introduced:

H. F. No. 3146, A bill for an act relating to retirement; Fairmont police relief association; increasing surviving spouse retirement benefits; providing for an additional annual postretirement adjustment mechanism; amending Laws 1963, chapter 423, section 1.

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

Pugh, Farrell, Dorn, Commers and Gunther introduced:

H. F. No. 3147, A bill for an act relating to liquor; modifying criminal penalty provision; eliminating the local option election provision; appropriating money; amending Minnesota Statutes 1996, sections 340A.412, subdivision 4; and 340A.701, subdivision 1; repealing Minnesota Statutes 1996, section 340A.416.

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

Kubly, Rhodes, Commers, Delmont and Pugh introduced:

H. F. No. 3148, A bill for an act relating to commerce; regulating sales of manufactured homes; authorizing limited dealer's licenses in certain circumstances; amending Minnesota Statutes 1996, section 327B.04, by adding a subdivision.

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

Kubly, Kelso and Swenson, H., introduced:

H. F. No. 3149, A bill for an act relating to capital improvements; authorizing state bonds; appropriating money for a new pre K-12 facility for McLeod West Interdistrict Cooperative.

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

Jennings, Delmont, Workman, Wolf and Pelowski introduced:

H. F. No. 3150, A bill for an act relating to utilities; restructuring regulation of the generation of electricity; providing for transition to a competitive industry; requiring restructuring plans; requiring unbundling of services; providing for recovery of stranded costs; requiring registration of suppliers; providing civil remedies; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 216E.

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

Bettermann introduced:

H. F. No. 3151, A bill for an act relating to state lands; authorizing the public sale of certain tax-forfeited land that borders public water in Douglas county.

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

Paulsen and Erhardt introduced:

H. F. No. 3152, A bill for an act relating to taxation; income; providing a minimum subtraction for certain elderly and disabled persons; amending Minnesota Statutes 1996, section 290.0802, subdivision 2.

Huntley, Ness, Wejcman, Trimble and Jaros introduced:

H. F. No. 3153, A bill for an act relating to economic development; providing for on-the-job training in the skilled trades; appropriating money.

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

Chaudhary; Kelso; Evans; Otremba, M., and Slawik introduced:

H. F. No. 3154, A bill for an act relating to education; enhancing funding for elementary class size reduction; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124A.

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

Pugh introduced:

H. F. No. 3155, A bill for an act relating to human rights; limiting the admissibility of evidence regarding a complainant's sexual behavior; proposing coding for new law in Minnesota Statutes, chapter 363.

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

Pugh introduced:

H. F. No. 3156, A bill for an act relating to state lands; requiring the sale of certain school trust land in Hubbard county.

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

Winter and Mulder introduced:

H. F. No. 3157, A bill for an act relating to cities; exempting the city of Luverne from Minnesota investment fund grant limit; reallocating an appropriation.

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

Peterson introduced:

H. F. No. 3158, A bill for an act relating to capital investment; authorizing bonds and appropriating money for construction of a cooperative education and community center for independent school district No. 378, Dawson-Boyd.

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

Seifert, Reuter, Erickson, Kielkucki and Clark, J., introduced:

H. F. No. 3159, A bill for an act relating to state government; requiring legislative and executive approval of proposed administrative rules; amending Minnesota Statutes 1996, section 14.27; Minnesota Statutes 1997 Supplement, section 14.18, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 14.

Bishop introduced:

H. F. No. 3160, A bill for an act relating to taxation; amending the effective date of a sales tax exemption for certain hospitals; amending Laws 1997, chapter 231, article 7, section 47.

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

Mullery and Carlson introduced:

H. F. No. 3161, A bill for an act relating to economic development; changing reporting requirements for business subsidies; amending Minnesota Statutes 1996, section 116J.991.

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

Biernat, Skoglund and Stanek introduced:

H. F. No. 3162, A bill for an act relating to corrections; authorizing state correctional investigators to use force to apprehend fugitives from state prison; amending Minnesota Statutes 1996, section 243.52.

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

Pugh, Murphy and Larsen introduced:

H. F. No. 3163, A bill for an act relating to public defense; correcting, updating, and clarifying the public defender law; amending Minnesota Statutes 1996, sections 611.14; 611.20, subdivision 3; 611.216, subdivision 1a; 611.26, subdivisions 2, 3, and 9; and 611.27, subdivisions 1, 2, and 7; Minnesota Statutes 1997 Supplement, sections 611.25, subdivision 3; and 611.27, subdivision 4.

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

Mullery, Skoglund, Stanek and Larsen introduced:

H. F. No. 3164, A bill for an act relating to crime; permitting judges to base departures from the presumptive sentence under the sentencing guidelines on an offender's prior record of juvenile offenses.

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

Rest introduced:

H. F. No. 3165, A bill for an act relating to housing; providing for certain bond allocations and related matters; amending Minnesota Statutes 1996, sections 474A.045; and 474A.061, subdivisions 1, 2a, and 6; Minnesota Statutes 1997 Supplement, section 474A.091, subdivisions 3 and 6; repealing Minnesota Statutes 1996, section 474A.061, subdivision 3.

Greenfield; Wejcman; Clark, K., and Juhnke introduced:

H. F. No. 3166, A bill for an act relating to human services; requiring the commissioner of human services to provide information on the medical assistance and the MinnesotaCare programs in several different languages; amending Minnesota Statutes 1996, section 256B.04, by adding a subdivision; Minnesota Statutes 1997 Supplement, section 256L.02, subdivision 2.

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

Slawik; Johnson, R.; Solberg; McGuire and Rest introduced:

H. F. No. 3167, A bill for an act relating to children; proposing an amendment to the Minnesota Constitution by adding a section to article XI; establishing the children's endowment fund; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Chaudhary, Dawkins, Evans, Slawik and Koskinen introduced:

H. F. No. 3168, A bill for an act relating to taxation; allowing a rebate for 1998 property taxes to owners of residential property, including seasonal recreational residential property, and to renters.

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

Larsen introduced:

H. F. No. 3169, A bill for an act relating to taxation; providing an additional property tax refund to certain homeowners; amending Minnesota Statutes 1996, sections 290A.04, by adding a subdivision; and 290A.23, subdivision 3.

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

Larsen introduced:

H. F. No. 3170, A bill for an act relating to education; setting the length of the school year; amending Minnesota Statutes 1997 Supplement, section 120.1015.

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

Larsen introduced:

H. F. No. 3171, A bill for an act relating to liens; providing a watchmaker's or jeweler's lien for the value of work performed; proposing coding for new law in Minnesota Statutes, chapter 514.

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

Wagenius, Marko, Lieder, Hausman and Rhodes introduced:

H. F. No. 3172, A bill for an act relating to transportation; establishing a metropolitan transit authority; establishing a commuter rail fund; appropriating money; amending Minnesota Statutes 1996, sections 473.129, by adding a subdivision; and 473.166; proposing coding for new law as Minnesota Statutes, chapter 473I.

Winter, Pawlenty, Macklin and Pugh introduced:

H. F. No. 3173, A bill for an act relating to family law; taking children from subsequent family into account when setting child support level; amending Minnesota Statutes 1996, section 518.551, subdivision 5.

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

Rest, Larsen and Marko introduced:

H. F. No. 3174, A bill for an act relating to the metropolitan area; establishing a critical problems advisory council; appropriating money.

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

Rest, Greenfield, Goodno and Dorn introduced:

H. F. No. 3175, A bill for an act relating to health; establishing an advisory task force to study residential hospice facility licensure requirements; appropriating money.

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

Mullery introduced:

H. F. No. 3176, A bill for an act relating to health; modifying MinnesotaCare eligibility requirements for persons with continuation coverage; amending Minnesota Statutes 1997 Supplement, section 256L.07, by adding a subdivision.

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

Mullery introduced:

H. F. No. 3177, A bill for an act relating to economic development; changing the requirements for a study of job-training programs; amending Laws 1997, chapter 200, article 1, section 33, by adding subdivisions.

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

Jennings introduced:

H. F. No. 3178, A bill for an act relating to local government; municipal utilities; providing limited exceptions to data practices and open meeting requirements; amending Minnesota Statutes 1996, section 471.705, subdivision 1d; proposing coding for new law in Minnesota Statutes, chapter 13.

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

Jennings introduced:

H. F. No. 3179, A bill for an act relating to utilities; regulating municipal provision of telecommunications and other utility services; amending Laws 1996, chapter 300, section 1, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapter 237; repealing Minnesota Statutes 1996, sections 237.19; and 237.20; Laws 1996, chapter 300, section 1, subdivision 5, as added.

Westfall; Swenson, H.; Finseth and Olson, E., introduced:

H. F. No. 3180, A bill for an act relating to natural resources; transferring powers and duties of the commissioner to a board of natural resources; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Clark, K.; Jefferson; Greenfield and Wejcman introduced:

H. F. No. 3181, A bill for an act relating to health; directing the commissioner of health to provide a grant to study and implement culturally relevant methods of improving the health of African-American men with hypertension; appropriating money.

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

Anderson, B.; Reuter; Haas and Mares introduced:

H. F. No. 3182, A bill for an act relating to elections; requiring picture identification card to vote; amending Minnesota Statutes 1996, section 204C.10.

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

Mariani and Rhodes introduced:

H. F. No. 3183, A bill for an act relating to the housing finance agency; appropriating money for nonprofit capacity building grants.

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

Skoglund, Larsen, Seagren, McGuire and Evans introduced:

H. F. No. 3184, A bill for an act relating to health; providing for civil commitment for prenatal alcohol abuse; requiring reporting; amending Minnesota Statutes 1997 Supplement, sections 253B.02, subdivision 2; 253B.07, subdivision 1; and 626.556, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Boudreau, McElroy and Entenza introduced:

H. F. No. 3185, A bill for an act relating to protection of children; expanding certain case plans; authorizing rulemaking; providing for sharing of certain data; changing records retention requirements; requiring review and audits; requiring task forces and a plan; amending Minnesota Statutes 1996, sections 260.191, subdivision 1e; and 626.556, by adding subdivisions; Minnesota Statutes 1997 Supplement, section 626.556, subdivisions 10e and 11c; proposing coding for new law in Minnesota Statutes, chapter 626.

Larsen introduced:

H. F. No. 3186, A bill for an act relating to corrections; restricting the licensing of juvenile correctional facilities; amending Minnesota Statutes 1996, section 241.021, subdivision 1, and by adding a subdivision.

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

Trimble introduced:

H. F. No. 3187, A bill for an act relating to economic development; modifying Minnesota Technology, Inc.'s seed capital fund; amending Minnesota Statutes 1996, section 116O.122, as amended; Minnesota Statutes 1997 Supplement, section 116O.05, subdivision 4.

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

Trimble introduced:

H. F. No. 3188, A bill for an act relating to the environment; providing for environmental response at certain mixed municipal solid waste facilities that are demonstrated to pose a significant risk to human health and the environment; amending Minnesota Statutes 1996, sections 115B.40, subdivisions 1, 2, and by adding subdivisions; and 115B.412, subdivisions 1, 3, 4, 7, 8, and 9; Minnesota Statutes 1997 Supplement, sections 115B.39, subdivision 2; and 115B.412, subdivision 5.

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

Mullery introduced:

H. F. No. 3189, A bill for an act relating to community development; appropriating money for summer youth employment.

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

Mullery and Paymar introduced:

H. F. No. 3190, A bill for an act relating to community development; providing a grant for the Neighborhood Development Center, Inc.; appropriating money.

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

Paymar, Hausman, Trimble, Larsen and Osthoff introduced:

H. F. No. 3191, A bill for an act relating to telecommunications; requiring public utilities commission to reconsider area code assignments for metropolitan area.

Juhnke and Kubly introduced:

H. F. No. 3192, A bill for an act relating to taxation; exempting sales of new farm machinery from the sales tax; amending Minnesota Statutes 1996, section 297A.02, subdivision 2; Minnesota Statutes 1997 Supplement, section 297A.25, subdivision 59.

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

Ness introduced:

H. F. No. 3193, A bill for an act relating to the city of Hutchinson; authorizing the city to impose certain taxes.

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

Wenzel, Molnau, Juhnke, Schumacher and Kielkucki introduced:

H. F. No. 3194, A bill for an act relating to agriculture; regulating security interests in agricultural crops; modifying the treatment of certain collateral; amending Minnesota Statutes 1996, sections 336.9-203; and 336.9-402.

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

Wenzel introduced:

H. F. No. 3195, A bill for an act relating to capital improvements; authorizing funding for state share of cleanup of certain Mississippi river sediment; appropriating money.

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

Wenzel introduced:

H. F. No. 3196, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for upgrade of the Little Falls library.

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

Folliard introduced:

H. F. No. 3197, A bill for an act relating to education; creating a model policy to enhance pupil transportation efficiency and maximize instructional effectiveness through school start times; requiring a report; appropriating money.

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

Folliard introduced:

H. F. No. 3198, A bill for an act relating to retirement; teachers retirement association and first class city teacher retirement fund associations; expanding the part-time teaching positions eligible to participate in the qualified full-time service credit for part-time teaching service; amending Minnesota Statutes 1996, sections 354.66, subdivision 3; and 354A.094, subdivision 2.

Leighton, Kelso, Greiling and Carlson introduced:

H. F. No. 3199, A bill for an act relating to education; modifying charter school employment and operating provision; amending Minnesota Statutes 1996, section 120.064, subdivision 11.

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

Munger, Huntley and Jaros introduced:

H. F. No. 3200, A bill for an act relating to railroads; appropriating money to the commissioner of transportation for a grant to the Lake Superior and Mississippi railroad.

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

Otremba, M.; Wenzel; Juhnke and Gunther introduced:

H. F. No. 3201, A bill for an act relating to agriculture; requiring labeling of unpasteurized fruit juice and cider; proposing coding for new law in Minnesota Statutes, chapter 31.

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

Pelowski introduced:

H. F. No. 3202, A bill for an act relating to retirement; teachers retirement association; allowing certain Winona state university teaching personnel to purchase service credit for an extended leave of absence unreported by the university in a timely fashion.

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

Huntley introduced:

H. F. No. 3203, A bill for an act relating to health care; providing for assessments of proposed health coverage mandates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 62A.

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

Pugh and Murphy introduced:

H. F. No. 3204, A bill for an act relating to controlled substances; delaying the effective date for listing the drug Carisoprodol as a controlled substance; amending Laws 1997, chapter 239, article 4, section 15.

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

Kubly introduced:

H. F. No. 3205, A bill for an act relating to economic development; changing the maximum loan amount for the challenge grant program; amending Minnesota Statutes 1996, section 116J.415, subdivision 5.

Lieder introduced:

H. F. No. 3206, A bill for an act relating to education; authorizing the use of health and safety revenue for independent school district No. 2854, Ada-Borup.

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

Knoblach and Dehler introduced:

H. F. No. 3207, A bill for an act relating to capital improvements; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature; providing for a grant to Stearns county for Quarry Park and Nature Preserve; authorizing issuance of bonds; appropriating money.

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

Dehler introduced:

H. F. No. 3208, A bill for an act relating to lotteries; adjusting retailer commissions; amending Minnesota Statutes 1996, section 349A.06, subdivision 6.

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

Dehler introduced:

H. F. No. 3209, A bill for an act relating to drivers' licenses; allowing for driver's license and state identification card to bear firearms safety designation; amending Minnesota Statutes 1996, section 171.07, by adding a subdivision.

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

Dehler, Stang and Olson, M., introduced:

H. F. No. 3210, A bill for an act relating to taxation; property; extending eligibility for a reduced class rate for golf courses; amending Minnesota Statutes 1997 Supplement, section 273.13, subdivision 25, as amended.

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

Johnson, R.; Murphy; Otremba, M.; Holsten and Osthoff introduced:

H. F. No. 3211, A bill for an act relating to appropriations; appropriating money for the "Becoming an Outdoors Woman" program.

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

Mares and Rifenberg introduced:

H. F. No. 3212, A bill for an act relating to education; providing for residential academies; appropriating money.

Kinkel and Delmont introduced:

H. F. No. 3213, A bill for an act relating to health; requiring hospice programs to properly dispose of legend drugs; amending Minnesota Statutes 1996, section 144A.48, by adding a subdivision.

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

Opatz, Kelso, Dawkins, Seagren and Biernat introduced:

H. F. No. 3214, A bill for an act relating to education; defining successful schools; developing improvement plans for schools at risk; establishing a school improvement fund; establishing a distinguished educators program; transforming certain at-risk schools into charter schools; requiring a one-year design and feasibility study; appropriating money; amending Minnesota Statutes 1996, sections 120.064, by adding a subdivision; 123.34, subdivision 10; 125.05, by adding a subdivision; 125.12, subdivision 4 and by adding a subdivision; 125.17, subdivision 3 and by adding a subdivision; and 125.18, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 121; and 124C.

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

Wagenius introduced:

H. F. No. 3215, A bill for an act relating to retirement; authorizing the Minneapolis fire department relief association to pay survivor benefits to certain persons.

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

Solberg, Lieder and Juhnke introduced:

H. F. No. 3216, A bill for an act relating to transportation; dedicating proceeds of sales tax on motor vehicles to newly created transportation improvement fund; increasing motor fuels tax; proposing constitutional amendment to dedicate vehicle sales tax proceeds to transportation improvement fund; amending Minnesota Statutes 1996, sections 296.02, subdivision 1b; 296.025, subdivision 1b; 297B.031; and 297B.09, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 174.

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

Kelso introduced:

H. F. No. 3217, A bill for an act relating to education; authorizing grants for historical educational programming; appropriating money.

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

McGuire, Murphy, Bishop, Solberg and Skoglund introduced:

H. F. No. 3218, A bill for an act relating to sexually dangerous persons; making the state financially responsible for costs associated with certain persons who have sexual psychopathic personalities or are sexually dangerous; amending Minnesota Statutes 1996, section 253B.185, by adding a subdivision.

Farrell, Pugh, Larsen and Seagren introduced:

H. F. No. 3219, A bill for an act relating to crime prevention; establishing a grant program to enable local law enforcement agencies to purchase automatic external defibrillators; appropriating money.

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

Ness introduced:

H. F. No. 3220, A bill for an act relating to employment; requiring that the commissioner of labor and industry establish compensation ranges for job classifications and assign prevailing wage rates within those ranges; amending Minnesota Statutes 1996, section 177.43, subdivision 4.

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

Skare; Harder; Otremba, M.; Schumacher and Evans introduced:

H. F. No. 3221, A bill for an act relating to health; appropriating money for the breast and cervical cancer control program.

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

Huntley, Pugh, Murphy and Jaros introduced:

H. F. No. 3222, A bill for an act relating to public safety; relieving 911 dispatchers from tort liability in certain cases; proposing coding for new law in Minnesota Statutes, chapter 403.

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

Slawik, Entenza, Schumacher and Mares introduced:

H. F. No. 3223, A bill for an act relating to education; enhancing funding for class size reduction; providing full equalization of school district debt service levies; appropriating money; amending Minnesota Statutes 1996, section 124.95, subdivision 4; Minnesota Statutes 1997 Supplement, section 124.961; proposing coding for new law in Minnesota Statutes, chapter 124A.

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

Wejcman; Johnson, R., and Greenfield introduced:

H. F. No. 3224, A bill for an act relating to human services; modifying citizenship requirements of the general assistance program; creating a state food assistance program for certain legal noncitizens; extending food assistance benefits for certain other noncitizen families; creating a state food assistance program for certain other legal noncitizens; appropriating money; amending Minnesota Statutes 1997 Supplement, sections 256D.05, subdivision 8; and 256J.11, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapter 256D.

Jefferson, Long, Winter and Rhodes introduced:

H. F. No. 3225, A bill for an act relating to taxes; providing an exemption from sales tax for certain purposes; amending Laws 1986, chapter 396, section 2, as amended, by adding a subdivision.

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

Rukavina and Solberg introduced:

H. F. No. 3226, A bill for an act relating to water; providing for elevation levels on Gunn lake; providing penalties.

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

Murphy and Greiling introduced:

H. F. No. 3227, A bill for an act relating to education; appropriating money for independent school district No. 93, Carlton, to develop a plan for buildings and services.

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

Murphy, Delmont, Jefferson and Mares introduced:

H. F. No. 3228, A bill for an act relating to retirement; teachers retirement association and first class city teacher retirement fund associations; authorizing the purchase of service credit for prior military service, out-of-state teaching service, and pre-1976 maternity leaves or maternity breaks-in-service; amending Minnesota Statutes 1996, section 354A.093; and Minnesota Statutes 1997 Supplement, section 354.53, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 354, 354A, and 356.

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

Jennings introduced:

H. F. No. 3229, A bill for an act relating to commerce; prohibiting sales of cigarettes packed in units smaller than ten packages in accessible displays; amending Minnesota Statutes 1997 Supplement, section 461.18, subdivision 1.

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

Tunheim introduced:

H. F. No. 3230, A bill for an act relating to game and fish; allowing the shipment of wild animals that were taken on the northwest angle portion of the Red Lake Indian Reservation; proposing coding for new law in Minnesota Statutes, chapter 97A.

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

Bradley; Otremba, M.; Mulder and Dorn introduced:

H. F. No. 3231, A bill for an act relating to human services; changing provisions for the county-based purchasing and the expansion of the prepaid medical assistance program; amending Minnesota Statutes 1997 Supplement, sections 256B.69, subdivision 3a; and 256B.692, subdivision 5.

Farrell and Pugh introduced:

H. F. No. 3232, A bill for an act relating to occupations; providing for voluntary registration for sign contractors; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Pugh introduced:

H. F. No. 3233, A bill for an act relating to public defense; clarifying those persons eligible to be represented by the district public defender and the state public defender; amending Minnesota Statutes 1996, sections 611.14; 611.16; 611.25, subdivision 1; and 611.26, subdivision 6.

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

Leighton introduced:

H. F. No. 3234, A bill for an act relating to municipalities; making certain changes to municipal liability; amending Minnesota Statutes 1996, sections 466.03, subdivision 6e, and by adding a subdivision; 604A.20; 604A.21, subdivisions 2, 3, 4, 5, 6, and by adding a subdivision; 604A.22; 604A.25; Minnesota Statutes 1997 Supplement, section 466.01, subdivision 1.

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

Dawkins introduced:

H. F. No. 3235, A bill for an act relating to the city of St. Paul; providing for the use of certain sales tax revenues.

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

Rest, Goodno, Mulder, Weaver and Paymar introduced:

H. F. No. 3236, A bill for an act relating to commerce; requiring local units of government to license the retail sale of tobacco; providing for an exemption from disclosure of specified substances in tobacco products; removing exception for certain retail establishments; amending Minnesota Statutes 1997 Supplement, sections 461.12, subdivision 1; 461.17, subdivision 1; and 461.18, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 461; repealing Minnesota Statutes 1997 Supplement, section 461.18, subdivision 3.

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

Chaudhary introduced:

H. F. No. 3237, A bill for an act relating to the city of Columbia Heights; authorizing the city to establish an enterprise zone; providing tax incentives for high technology businesses that locate in the zone.

Holsten and Osthoff introduced:

H. F. No. 3238, A bill for an act relating to natural resources; requiring money credited to the critical habitat private sector matching account through purchase of special license plates to be matched by public appropriations; amending Minnesota Statutes 1996, section 84.943, subdivision 3.

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

Jennings introduced:

H. F. No. 3239, A bill for an act relating to taxation; reducing the tax on sparkling wines; amending Minnesota Statutes 1997 Supplement, section 297G.03, subdivision 1.

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

Rest introduced:

H. F. No. 3240, A bill for an act relating to taxation; property; clarifying the rules applicable to the low-income housing class; changing penalties; providing for deposit of fees and penalties in the housing development fund; amending Minnesota Statutes 1997 Supplement, sections 273.126, subdivision 3; and 462A.071, subdivisions 2, 4, and 8.

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

Pelowski, Pawlenty, Rukavina and Abrams introduced:

H. F. No. 3241, A bill for an act relating to elections; appropriating money to facilitate reassignment of voter registrations following redistricting.

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

Bishop, Kalis, Sekhon, Dempsey and Pelowski introduced:

H. F. No. 3242, A bill for an act relating to public administration; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing issuance of bonds; appropriating money; amending Minnesota Statutes 1996, sections 16A.105; 16A.11, subdivision 3a; 16A.501; and 16B.30; Minnesota Statutes 1997 Supplement, sections 16A.641, subdivision 4; 84.027, subdivision 15; 85.0505, by adding a subdivision; and 268.917; Laws 1997, chapter 202, article 1, section 35, as amended.

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

Dempsey introduced:

H. F. No. 3243, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the construction of a municipal water park in the city of Hastings.

Jennings and Delmont introduced:

H. F. No. 3244, A bill for an act relating to drinking water; providing for the statewide licensing and regulation of water conditioning contractors and installers; requiring water conditioning contractors to undertake continuing education and training; requiring the registration of certain water conditioning units claiming to remove primary contaminants from drinking water; amending Minnesota Statutes 1996, sections 326.38; 326.45; 326.57; 326.58; 326.59; 326.60, subdivisions 1, 3, and by adding a subdivision; 326.601; 326.61, subdivisions 1, 2, 3, and by adding a subdivision; 326.64; and 326.65; proposing coding for new law in Minnesota Statutes, chapter 326.

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

Dorn; Johnson, R.; Gunther and Reuter introduced:

H. F. No. 3245, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the Mankato Technology Center.

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

Lieder introduced:

H. F. No. 3246, A bill for an act relating to community development; providing a disaster loan guarantee for the city of Ada; appropriating money.

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

Jennings introduced:

H. F. No. 3247, A bill for an act relating to natural resources; appropriating money for the St. Croix Valley heritage center; canceling a bond appropriation for the St. Croix Valley heritage center; repealing Laws 1991, chapter 275, section 3.

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

Anderson, B.; Osskopp; Tomassoni; Rifenberg and Reuter introduced:

H. F. No. 3248, A resolution memorializing the President and the Congress of the United States to oppose ratification of the Biodiversity Treaty.

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

Larsen introduced:

H. F. No. 3249, A resolution urging that the United States government sign the international convention to ban land mines.

Garcia; Rukavina; Anderson, I.; Pawlenty and Evans introduced:

H. F. No. 3250, A resolution memorializing the President and Congress of the United States to enact the Aircraft Repair Station Safety Act of 1997.

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

Pelowski and Carruthers introduced:

H. F. No. 3251, A bill for an act relating to education; appropriating money to the board of regents to expand legal assistance.

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

The following messages were received from the Senate:

Mr. Speaker:

I have the honor to announce that the Senate has appointed a committee of five members of the Senate to act with a like committee on the part of the House of Representatives to escort the Honorable Arne H. Carlson, Governor of the State of Minnesota, to the House Chamber on the occasion of the Joint Convention on February 4, 1998 at 11:45 A.M.

Mrs. Scheid; Messrs. Ten Eyck, Wiger, Scheevel and Ms. Robertson have been appointed as members of such committee on the part of the Senate.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

S. F. No. 2379.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2379, A bill for an act relating to the board of government innovation and cooperation; clarifying the distribution of cooperation and combination aid in certain circumstances when an entire township is annexed by two or more contiguous cities; amending Minnesota Statutes 1997 Supplement, section 465.87, subdivision 1a.

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

H. F. No. 2315, A bill for an act relating to commerce; regulating trademarks and service marks; defining terms; providing remedies; amending Minnesota Statutes 1996, sections 333.18; 333.19, subdivision 1; 333.20, subdivisions 1 and 2; 333.21, subdivision 2; 333.23; 333.24; 333.25; 333.26; and 333.29, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 333; repealing Minnesota Statutes 1996, section 325D.165.

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

The question was taken on the passage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Dorn	Jennings	Mahon	Paulsen	Sviggum
Anderson, B.	Entenza	Johnson, A.	Mares	Pawlenty	Swenson, H.
Anderson, I.	Erickson	Johnson, R.	Mariani	Paymar	Sykora
Bakk	Evans	Juhnke	Marko	Pelowski	Tingelstad
Bettermann	Farrell	Kalis	McCollum	Peterson	Tomassoni
Biernat	Finseth	Kielkucki	McElroy	Pugh	Tompkins
Bishop	Folliard	Kinkel	McGuire	Rest	Trimble
Boudreau	Garcia	Knight	Milbert	Reuter	Tuma
Bradley	Goodno	Knoblach	Molnau	Rhodes	Tunheim
Broecker	Greenfield	Koskinen	Mulder	Rifenberg	Van Dellen
Carlson	Greiling	Kraus	Mullery	Rostberg	Wagenius
Chaudhary	Gunther	Krinkie	Munger	Rukavina	Weaver
Clark, J.	Haas	Kubly	Murphy	Seagren	Wejcman
Clark, K.	Harder	Kuisle	Nornes	Seifert	Wenzel
Commers	Hasskamp	Larsen	Olson, E.	Sekhon	Westfall
Daggett	Hausman	Leighton	Olson, M.	Skare	Westrom
Davids	Hilty	Leppik	Opatz	Skoglund	Winter
Dawkins	Holsten	Lieder	Orfield	Slawik	Wolf
Dehler	Huntley	Lindner	Osskopp	Smith	Workman
Delmont	Jaros	Long	Otremba, M.	Stanek	Spk. Carruthers
Dempsey	Jefferson	Macklin	Ozment	Stang

The bill was passed and its title agreed to.

H. F. No. 2558 was reported to the House.

Juhnke moved that H. F. No. 2558 be returned to its author. The motion prevailed.

566.17; 566.175; 566.18, subdivisions 1, 2, 3, 4, and 5; 566.19; 566.20; 566.205; 566.21; 566.22; 566.23; 566.24; 566.26; 566.27; 566.28; 566.29; 566.291; 566.30; 566.31; 566.32; 566.33; 566.34; and 566.35; Minnesota Statutes 1997 Supplement, sections 504.181, subdivision 1; 504.215; 566.05; 566.18, subdivision 6; and 566.25.

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

The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams	Entenza	Johnson, R.	Marko	Pelowski	Tingelstad
Anderson, B.	Erickson	Juhnke	McCollum	Peterson	Tomassoni
Anderson, I.	Evans	Kalis	McElroy	Pugh	Tompkins
Bakk	Farrell	Kielkucki	McGuire	Rest	Trimble
Bettermann	Finseth	Kinkel	Milbert	Reuter	Tuma
Biernat	Folliard	Knight	Molnau	Rhodes	Tunheim
Bishop	Garcia	Knoblach	Mulder	Rifenberg	Van Dellen
Boudreau	Goodno	Koskinen	Mullery	Rostberg	Wagenius
Bradley	Greenfield	Kraus	Munger	Rukavina	Weaver
Broecker	Greiling	Krinkie	Murphy	Seagren	Wejcman
Carlson	Gunther	Kubly	Ness	Seifert	Wenzel
Chaudhary	Haas	Kuisle	Nornes	Sekhon	Westfall
Clark, J.	Harder	Larsen	Olson, E.	Skare	Westrom
Clark, K.	Hasskamp	Leighton	Olson, M.	Skoglund	Winter
Commers	Hausman	Leppik	Opatz	Slawik	Wolf
Daggett	Hilty	Lieder	Orfield	Smith	Workman
Davids	Holsten	Lindner	Osskopp	Solberg	Spk. Carruthers
Dawkins	Huntley	Long	Otremba, M.	Stanek
Dehler	Jaros	Macklin	Ozment	Stang
Delmont	Jefferson	Mahon	Paulsen	Sviggum
Dempsey	Jennings	Mares	Pawlenty	Swenson, H.
Dorn	Johnson, A.	Mariani	Paymar	Sykora

The bill was passed and its title agreed to.

Pursuant to Rules of the House, the House resolved itself into the Committee of the Whole with Carruthers in the Chair for consideration of bills pending on General Orders of the day. After some time spent therein the Committee arose.

H. F. No. 2417 was recommended to pass.

S. F. No. 2041 was recommended for progress.

On the motion of Winter, the report of the Committee of the Whole was adopted.

Haas moved that the name of Mariani be added as an author on H. F. No. 2016. The motion prevailed.

Van Dellen moved that the name of Long be added as an author on H. F. No. 2037. The motion prevailed.

Pugh moved that the name of Greiling be shown as chief author on H. F. No. 2043. The motion prevailed.

Lieder moved that the name of Marko be shown as chief author on H. F. No. 2265. The motion prevailed.

Winter moved that the name of Marko be added as an author on H. F. No. 2270. The motion prevailed.

Bettermann moved that the name of Rifenberg be added as an author on H. F. No. 2365. The motion prevailed.

Juhnke moved that the name of Otremba, M., be added as an author on H. F. No. 2419. The motion prevailed.

Swenson, H., moved that the name of Molnau be added as an author on H. F. No. 2422. The motion prevailed.

Swenson, H., moved that the name of Clark, J., be added as an author on H. F. No. 2423. The motion prevailed.

Orfield moved that the name of Rest be added as an author on H. F. No. 2588. The motion prevailed.

Jennings moved that the name of Stanek be added as an author on H. F. No. 2612. The motion prevailed.

Wejcman moved that the name of Goodno be added as an author on H. F. No. 2786. The motion prevailed.

Juhnke moved that the name of Kalis be added as an author on H. F. No. 2798. The motion prevailed.

Tuma moved that the name of Mulder be added as an author on H. F. No. 2838. The motion prevailed.

Molnau moved that the name of Tomassoni be added as an author on H. F. No. 2999. The motion prevailed.

Mariani moved that the name of Dawkins be added as an author on H. F. No. 3001. The motion prevailed.

Lieder moved that the name of Kalis be added as an author on H. F. No. 3057. The motion prevailed.

Johnson, R., moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, January 29, 1998, when the vote was taken on the final passage of H. F. No. 2524." The motion prevailed.

Peterson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, January 29, 1998, when the vote was taken on the final passage of H. F. No. 2524." The motion prevailed.

Munger moved that H. F. No. 1561 be recalled from the Committee on Transportation and Transit and be re-referred to the Committee on Environment and Natural Resources. The motion prevailed.

Clark, K., moved that H. F. No. 2340 be recalled from the Committee on Economic Development and International Trade and be re-referred to the Committee on Transportation and Transit. The motion prevailed.

Macklin moved that H. F. No. 2507 be recalled from the Committee on Judiciary and be re-referred to the Committee on Taxes. The motion prevailed.

Kinkel moved that H. F. No. 2866 be recalled from the Committee on Education and be re-referred to the Committee on Governmental Operations. The motion prevailed.

Tunheim moved that H. F. No. 2942 be recalled from the Committee on Commerce, Tourism and Consumer Affairs and be re-referred to the Committee on Taxes. The motion prevailed.

Peterson moved that H. F. No. 3085 be recalled from the Committee on Health and Human Services and be re-referred to the Committee on Judiciary. The motion prevailed.

The Speaker announced the appointment of the following members of the House to the committee to escort the Governor to the House Chamber on Wednesday, February 4, 1998:

Long, Chair; Otremba, M.; Chaudhary; Erickson and Clark, J.

Winter moved that when the House adjourns today it adjourn until 11:30 a.m., Wednesday, February 4, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:30 a.m., Wednesday, February 4, 1998.

.

Edward A. Burdick, Chief Clerk, House of Representatives .